Bill Text: CA SB945 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Juvenile court jurisdiction: services and benefits.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2010-09-30 - Chaptered by Secretary of State. Chapter 631, Statutes of 2010. [SB945 Detail]
Download: California-2009-SB945-Amended.html
Bill Title: Juvenile court jurisdiction: services and benefits.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2010-09-30 - Chaptered by Secretary of State. Chapter 631, Statutes of 2010. [SB945 Detail]
Download: California-2009-SB945-Amended.html
BILL NUMBER: SB 945 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 20, 2010
AMENDED IN ASSEMBLY AUGUST 12, 2010
AMENDED IN ASSEMBLY JUNE 24, 2010
AMENDED IN SENATE MARCH 8, 2010
INTRODUCED BY Senator Liu
(Principal coauthor: Assembly Member Jones)
FEBRUARY 3, 2010
An act to amend Section 16501.1 of, and to add Section 607.5 to,
the Welfare and Institutions Code, relating to children.
LEGISLATIVE COUNSEL'S DIGEST
SB 945, as amended, Liu. Juvenile court jurisdiction: services and
benefits.
Existing law provides that a minor may be adjudged a dependent
child or a ward of the juvenile court under specified circumstances.
Existing law authorizes the court to place a minor who has been
removed from the custody of his or her parent or guardian in foster
care, among other placements. Existing law provides for the
termination of the juvenile court jurisdiction when the minor reaches
a specified age.
Existing law authorizes the State Department of Social Services to
develop statewide standards for the implementation and
administration of the Independent Living Program. Existing
regulations specify eligibility requirements for the Independent
Living Program, and require county social workers and probation
officers to determine eligibility for the program in conjunction with
the preparation of a Transitional Independent Living Plan. An
existing regulation requires county social workers and probation
officers to ensure that foster or probation youth are given
appropriate information about the opportunity to participate in the
Independent Living Program.
This bill would require a probation officer or parole officer,
whenever the juvenile court terminates jurisdiction over a ward, or
upon release of a ward from a facility that is not a foster care
facility, to provide to the person a written notice stating that the
person is a former foster child and may be eligible for the services
and benefits that are available to a former foster child through
public and private programs, and information that informs the person
of the availability of assistance to enable the ward to apply for,
and gain acceptance into, federal and state programs that provide
independent living services and benefits to former foster children
for which the person is or may be eligible. The bill would make
related findings and declarations.
By imposing additional duties upon probation officers, this bill
would create a state-mandated local program.
Existing law establishes that a case plan, which is required to be
adopted by the county for each child receiving child welfare
services, is the foundation and central unifying tool in child
welfare services. Existing law requires that a case plan include
information about a parent's incarceration in a jail or prison during
the time that a minor child of that parent is involved in dependency
care.
This bill would delete duplicative provisions of that law.
The bill also would incorporate additional changes in Section
16501.1 of the Welfare and Institutions Code proposed by AB 12 and SB
1353, to be operative only if this bill and one or both of the other
bills are chaptered and become effective on or before January 1,
2011, and this bill is chaptered last.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) There are instances where former foster youth who have also
been designated wards of the juvenile court remain in juvenile
justice confinement beyond their sentence because there is no
available foster care housing or placement for them.
(b) As a result, these children are sometimes released from the
juvenile justice system instead of the dependency system when they
age out at 18 years of age.
(c) In order to prevent former foster youth who have a history of
involvement with the criminal justice system from committing criminal
offenses as adults and to encourage their academic success, it is
incumbent upon the Legislature to remove barriers that deter
achievement.
(d) A significant barrier to the success of members of this
population is that they are often not properly informed of their
eligibility for existing independent living programs, coupled with
the difficulty of proving that they are former foster children in
order to qualify for these programs.
SEC. 2. Section 607.5 is added to the Welfare and Institutions
Code, to read:
607.5. (a) Notwithstanding any other provision of law, whenever
the juvenile court terminates jurisdiction over a ward who has also
been designated a dependent of the court, or upon release of a ward
from a facility that is not a foster care facility, a probation
officer or parole officer shall provide the person with, at a
minimum, all of the following:
(1) A written notice stating that the person is a former foster
child and may be eligible for the services and benefits that are
available to a former foster child through public and private
programs, including, but not limited to, any independent living
program for former foster children. Providing the proof of dependency
and wardship document described in All-County Letter 07-33 and
Section 31-525.6 of Chapter 31-500 of Division 31 of the State
Department of Social Services Manual of Policies and Procedures, as
it existed on January 1, 2010, shall satisfy this requirement.
(2) Existing information described in Section 31-525.61 of Chapter
31-500 of Division 31 of the State Department of Social Services
Manual of Policies and Procedures, as it existed on January 1, 2010,
that informs the person of the availability of assistance to enable
the person to apply for, and gain acceptance into, federal and state
programs that provide benefits to former foster children, including,
but not limited to, financial assistance, housing, and educational
resources for which he or she may be eligible.
(3) Existing information described in Section 31-525.61 of Chapter
31-500 of Division 31 of the State Department of Social Services
Manual of Policies and Procedures, as it existed on January 1, 2010,
that informs the person of the availability of assistance to enable
the person to apply for, and gain acceptance into, federal and state
programs that provide independent living services to youth 16 years
of age and over who may be eligible for services.
(b) This section shall apply to any ward who was previously
adjudged a dependent child of the court pursuant to Section 300 or a
child who at any time has been placed in foster care pursuant to
Section 727.
(c) Nothing in this section shall be interpreted to alter or amend
the obligations of probation officers under current law.
SEC. 3. Section 16501.1 of the Welfare and Institutions Code is
amended to read:
16501.1. (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
(b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
(2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
(3) Upon a determination pursuant to paragraph (1) of subdivision
(e) of Section 361.5 that reasonable services will be offered to a
parent who is incarcerated in a county jail or state prison, the case
plan shall include information, to the extent possible, about a
parent's incarceration in a county jail or the state prison during
the time that a minor child of that parent is involved in dependency
care.
(4) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
(5) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
(c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, proximity to the child's
school, consistent with the selection of the environment best suited
to meet the child's special needs and best interests, or both. The
selection shall consider, in order of priority, placement with
relatives, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code.
(2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school attendance area.
(d) A written case plan shall be completed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) of Section 16501 if the child has not
been removed from his or her home, or by the date of the
dispositional hearing pursuant to Section 358, whichever occurs
first. The case plan shall be updated as the service needs of the
child and family dictate. At a minimum, the case plan shall be
updated in conjunction with each status review hearing conducted
pursuant to Section 366.21, and the hearing conducted pursuant to
Section 366.26, but no less frequently than once every six months.
Each updated case plan shall include a description of the services
that have been provided to the child under the plan and an evaluation
of the appropriateness and effectiveness of those services.
(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child's family, as well as the input of relatives and other
interested parties.
(2) The extension of the maximum time available for preparing a
written case plan from the 30 to 60 days shall be effective 90 days
after the date that the department gives counties written notice that
necessary changes have been made to the Child Welfare Services Case
Management System to account for the 60-day timeframe for preparing a
written case plan.
(e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
(f) The case plan shall be developed as follows:
(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
(4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative,
consistent with federal law and in accordance with the department's
approved state plan. For children in out-of-state group home
facilities, visits shall be conducted at least monthly, pursuant to
Section 16516.5. At least once every six months, at the time of a
regularly scheduled social worker contact with the foster child, the
child's social worker shall inform the child of his or her rights as
a foster child, as specified in Section 16001.9. The social worker
shall provide the information to the child in a manner appropriate to
the age or developmental level of the child.
(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
(B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
(A) The death of an immediate relative.
(B) The birth of a sibling.
(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
(8) Effective January 1, 2010, a case plan shall ensure the
educational stability of the child while in foster care and shall
include both of the following:
(A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of
placement.
(B) An assurance that the placement agency has coordinated with
appropriate local educational agencies to ensure that the child
remains in the school in which the child is enrolled at the time of
placement, or, if remaining in that school is not in the best
interests of the child, assurances by the placement agency and the
local educational agency to provide immediate and appropriate
enrollment in a new school and to provide all of the child's
educational records to the new school.
(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings. This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
(B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.
(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest. A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
(12) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In any voluntary service or
placement agreement, the parents or legal guardians shall be required
to review and sign the case plan. Whenever possible, parents and
legal guardians shall participate in the development of the case
plan.
(B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be advised
that the parent's or guardian's failure to cooperate, except for
good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of age
or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.
(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
(15) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child's wishes regarding their permanent
placement plan and an assessment of those stated wishes. The agency
shall also include documentation of the steps the agency is taking to
find an adoptive family or other permanent living arrangements for
the child; to place the child with an adoptive family, an appropriate
and willing relative, a legal guardian, or in another planned
permanent living arrangement; and to finalize the adoption or legal
guardianship. At a minimum, the documentation shall include
child-specific recruitment efforts, such as the use of state,
regional, and national adoption exchanges, including electronic
exchange systems, when the child has been freed for adoption.
(16) (A) When appropriate, for a child who is 16 years of age or
older, the case plan shall include a written description of the
programs and services that will help the child, consistent with the
child's best interests, prepare for the transition from foster care
to independent living. The case plan shall be developed with the
child and individuals identified as important to the child, and shall
include steps the agency is taking to ensure that the child has a
connection to a caring adult.
(B) During the 90-day period prior to the participant attaining 18
years of age or older as the state may elect under Section 475(8)(B)
(iii) (42 U.S.C. Sec. 675(8)(B)(iii)) of the federal Social Security
Act, whether during that period foster care maintenance payments are
being made on the child's behalf or the child is receiving benefits
or services under Section 477 (42 U.S.C. Sec. 677) of the federal
Social Security Act, a caseworker or other appropriate agency staff
or probation officer and other representatives of the participant, as
appropriate, must address, in the written transitional independent
living plan, that is personalized at the direction of the child,
information as detailed as the participant elects that shall include,
but not be limited to, options regarding housing, health insurance,
education, local opportunities for mentors and continuing support
services, and workforce supports and employment services.
(g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation. This section does not require or prohibit
the social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
(h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
(i) When a child who is 10 years of age or older and who has been
in out-of-home placement for six months or longer, the case plan
shall include an identification of individuals, other than the child'
s siblings, who are important to the child and actions necessary to
maintain the child's relationship with those individuals, provided
that those relationships are in the best interest of the child. The
social worker shall ask every child who is 10 years of age or older
and who has been in out-of-home placement for six months or longer to
identify individuals other than the child's siblings who are
important to the child, and may ask any other child to provide that
information, as appropriate. The social worker shall make efforts to
identify other individuals who are important to the child, consistent
with the child's best interests.
(j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
(k) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association and other advocates,
shall develop a comprehensive plan to ensure that 90 percent of
foster children are visited by their caseworkers on a monthly basis
by October 1, 2011, and that the majority of the visits occur in the
residence of the child. The plan shall include any data reporting
requirements necessary to comply with the provisions of the federal
Child and Family Services Improvement Act of 2006 (Public Law
109-288).
(l) The implementation and operation of the amendments to
subdivision (i) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
SEC. 3.1. Section 16501.1 of the
Welfare and Institutions Code is amended to read:
16501.1. (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
(b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
(2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
(3) (A) In
determining the reasonable services to be offered or provided,
Upon a determination pursuant to paragraph (1) of
subdivision (e) of Section 361.5 that reasonable services will be
offered to a parent who is incarcerated in a county jail or state
prison, the case plan shall include information, to the extent
possible, about a parent's incarceration in a county jail or the
state prison during the time that a minor child of that parent is
involved in dependency care. Once a consistent data entry
field or fields have been designated in the statewide child welfare
database, social workers shall make reasonable efforts to collect and
update necessary data regarding a child's incarcerated parent or
parents.
(B) In order to further the goals of this paragraph, the
Legislature encourages the State Department of Social Services to
consult with the county welfare directors regarding the best way to
incorporate the information specified in subparagraph (A) as a
required field in the statewide database. The Legislature also
encourages the Department of Justice, the Department of Corrections
and Rehabilitation, county welfare departments, and county sheriffs
to develop protocols for facilitating the exchange of information
regarding the location and sentencing of the incarcerated parent or
parents of a minor child who is in dependency care.
(C) Nothing in this paragraph shall be interpreted to require the
department to create a new dedicated field in the statewide database
for incorporating the information specified in subparagraph (A).
(4) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
(5) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
(c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, proximity to the child's
school, consistent with the selection of the environment best suited
to meet the child's special needs and best interests, or both. The
selection shall consider, in order of priority, placement with
relatives, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code.
On or after January 1, 2012, for a nonminor dependent, as
defined in subdivision (v) of Section 11400, who is receiving AFDC-FC
benefits up to 21 years of age pursuant to Section 11403, in
addition to the above requ irements, the selection of the
placement, including a supervised independent living setting, as
described in Section 11400, shall also be based upon the
developmental needs of young adults by providing
opportunities to have incremental
responsibilities that prepare a nonminor dependent to transition to
independent living. When a nonminor dependent is placed in a group
home, the case plan shall also specify why that placement
is necessary for the nonminor dependent's transition to independent
living.
(2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school attendance area.
(d) A written case plan shall be completed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) of Section 16501 if the child has not
been removed from his or her home, or by the date of the
dispositional hearing pursuant to Section 358, whichever occurs
first. The case plan shall be updated , as the service
needs of the child and family dictate. At a minimum, the case plan
shall be updated in conjunction with each status review hearing
conducted pursuant to Section 366.21, and the hearing conducted
pursuant to Section 366.26, but no less frequently than once every
six months. Each updated case plan shall include a description of the
services that have been provided to the child under the plan and an
evaluation of the appropriateness and effectiveness of those
services.
(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child's family, as well as the input of relatives and other
interested parties.
(2) The extension of the maximum time available for preparing a
written case plan from the 30 to 60 days shall be effective 90 days
after the date that the department gives counties written notice that
necessary changes have been made to the Child Welfare Services Case
Management System to account for the 60-day timeframe for preparing a
written case plan.
(e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
(f) The case plan shall be developed as follows:
(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
(4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative,
consistent with federal law and in accordance with the department's
approved state plan. For children in out-of-state group home
facilities, visits shall be conducted at least monthly, pursuant to
Section 16516.5. At least once every six months, at the time of a
regularly scheduled social worker contact with the foster child, the
child's social worker shall inform the child of his or her rights as
a foster child, as specified in Section 16001.9. The social worker
shall provide the information to the child in a manner appropriate to
the age or developmental level of the child.
(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
(B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
(A) The death of an immediate relative.
(B) The birth of a sibling.
(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
(8) Effective January 1, 2010, a case plan shall ensure the
educational stability of the child while in foster care and shall
include both of the following:
(A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of
placement.
(B) An assurance that the placement agency has coordinated with
appropriate local educational agencies to ensure that the child
remains in the school in which the child is enrolled at the time of
placement, or, if remaining in that school is not in the best
interests of the child, assurances by the placement agency and the
local educational agency to provide immediate and appropriate
enrollment in a new school and to provide all of the child's
educational records to the new school.
(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings. This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
(B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.
(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest. A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
(12) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In any voluntary service or
placement agreement, the parents or legal guardians shall be required
to review and sign the case plan. Whenever possible, parents and
legal guardians shall participate in the development of the case
plan. Commencing January 1, 2012, for nonminor dependents, as
defined in subdivision (v) of Section 11400, who are receiving
AFDC-FC up to 21 years of age pursuant to Section 11403, the case
plan shall be developed with, and signed by, the nonminor.
(B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be advised
that the parent's or guardian's failure to cooperate, except for
good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of age
or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.
(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
(15) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child's wishes regarding their permanent
placement plan and an assessment of those stated wishes. The agency
shall also include documentation of the steps the agency is taking to
find an adoptive family or other permanent living arrangements for
the child; to place the child with an adoptive family, an appropriate
and willing relative, a legal guardian, or in another planned
permanent living arrangement; and to finalize the adoption or legal
guardianship. At a minimum, the documentation shall include
child-specific recruitment efforts, such as the use of state,
regional, and national adoption exchanges, including electronic
exchange systems, when the child has been freed for adoption.
(16) (A) When appropriate, for a child who is 16 years of age or
older, older and, commencing January 1, 2012,
for a nonminor dependent, the case plan shall include a
written description of the programs and services that will help the
child, consistent with the child's best interests, prepare for the
transition from foster care to independent living
living, and whether the youth has an in-progress application
pending for Title XVI Supplemental Security Income benefits or for
Special Juvenile Immigration Status or other applicable application
for legal residency and an active dependency case is required for
that application. When appropriate, for a nonminor dependent, the
case plan shall include a written description of the program and
services that will help the nonminor dependent, consistent with his
or her best interests, to prepare for transition from foster care and
assist the youth in meeting the eligibility criteria set forth in
Section 11403. If applicable, the case plan shall describe the
individualized supervision provided in the supervised independent
living setting as defined, in subdivision (w) of Section 11400
. The case plan shall be developed with the child or nonminor
dependent and individuals identified as important to the
child, child or nonminor dependent, and
shall include steps the agency is taking to ensure that the child
has a connection to a caring adult or
nonminor dependent achieves permanence, including maintaining or
obtaining permanent connections to caring and committed adults
.
(B) During the 90-day period prior to the participant attaining 18
years of age or older as the state may elect under Section 475(8)(B)
(iii) (42 U.S.C. Sec. 675(8)(B)(iii)) of the federal Social Security
Act, whether during that period foster care maintenance payments are
being made on the child's behalf or the child is receiving benefits
or services under Section 477 (42 U.S.C. Sec. 677) of the federal
Social Security Act, a caseworker or other appropriate agency staff
or probation officer and other representatives of the participant, as
appropriate, must address, in shall provide
the youth or nonminor with assistance and support in developing
the written transitional independent living plan, that is
personalized at the direction of the child, information as detailed
as the participant elects that shall include, but not be limited to,
options regarding housing, health insurance, education, local
opportunities for mentors and continuing support services, and
workforce supports and employment services.
(g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation. This section does not require or prohibit
the social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
(h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
(i) When a child who is 10 years of age or older and who has been
in out-of-home placement for six months or longer, the case plan
shall include an identification of individuals, other than the child'
s siblings, who are important to the child and actions necessary to
maintain the child's relationship with those individuals, provided
that those relationships are in the best interest of the child. The
social worker shall ask every child who is 10 years of age or older
and who has been in out-of-home placement for six months or longer to
identify individuals other than the child's siblings who are
important to the child, and may ask any other child to provide that
information, as appropriate. The social worker shall make efforts to
identify other individuals who are important to the child, consistent
with the child's best interests.
(j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
(k) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association and other advocates,
shall develop a comprehensive plan to ensure that 90 percent of
foster children are visited by their caseworkers on a monthly basis
by October 1, 2011, and that the majority of the visits occur in the
residence of the child. The plan shall include any data reporting
requirements necessary to comply with the provisions of the federal
Child and Family Services Improvement Act of 2006 (Public Law
109-288).
(l) The implementation and operation of the amendments to
subdivision (i) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
SEC. 3.2. Section 16501.1 of the
Welfare and Institutions Code is amended to read:
16501.1. (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
(b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
(2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
(3) (A) In
determining the reasonable services to be offered or provided,
Upon a determination pursuant to paragraph (1) of
subdivision (e) of Section 361.5 that reasonable services will be
offered to a parent who is incarcerated in a county jail or state
prison, the case plan shall include information, to the extent
possible, about a parent's incarceration in a county jail or the
state prison during the time that a minor child of that parent is
involved in dependency care. Once a consistent data entry
field or fields have been designated in the statewide child welfare
database, social workers shall make reasonable efforts to collect and
update necessary data regarding a child's incarcerated parent or
parents.
(B) In order to further the goals of this paragraph, the
Legislature encourages the State Department of Social Services to
consult with the county welfare directors regarding the best way to
incorporate the information specified in subparagraph (A) as a
required field in the statewide database. The Legislature also
encourages the Department of Justice, the Department of Corrections
and Rehabilitation, county welfare departments, and county sheriffs
to develop protocols for facilitating the exchange of information
regarding the location and sentencing of the incarcerated parent or
parents of a minor child who is in dependency care.
(C) Nothing in this paragraph shall be interpreted to require the
department to create a new dedicated field in the statewide database
for incorporating the information specified in subparagraph (A).
(4) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
(5) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
(c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike family like and the most
appropriate setting that is available and in close proximity to the
parent's home, proximity to the child's school, and
consistent with the selection of the environment best suited to meet
the child's special needs and best interests, or both
interests . The selection shall consider, in
order of priority, placement with relatives, tribal members, and
foster family, group care, and residential treatment pursuant to
Section 7950 of the Family Code.
(2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school attendance area of origin, and school
attendance area, the number of school transfers the child has
previously experienced, and the child's school matriculation
schedule, in addition to other indicators of educational stability
that the Legislature hereby encourages the State Department of Social
Services and the State Department of Education to develop .
(d) A written case plan shall be completed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) of Section 16501 if the child has not
been removed from his or her home, or by the date of the
dispositional hearing pursuant to Section 358, whichever occurs
first. The case plan shall be updated as the service needs of the
child and family dictate. At a minimum, the case plan shall be
updated in conjunction with each status review hearing conducted
pursuant to Section 366.21, and the hearing conducted pursuant to
Section 366.26, but no less frequently than once every six months.
Each updated case plan shall include a description of the services
that have been provided to the child under the plan and an evaluation
of the appropriateness and effectiveness of those services.
(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child's family, as well as the input of relatives and other
interested parties.
(2) The extension of the maximum time available for preparing a
written case plan from the 30 to 60 days shall be effective 90 days
after the date that the department gives counties written notice that
necessary changes have been made to the Child Welfare Services Case
Management System to account for the 60-day timeframe for preparing a
written case plan.
(e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
(f) The case plan shall be developed as follows:
(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
(4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative,
consistent with federal law and in accordance with the department's
approved state plan. For children in out-of-state group home
facilities, visits shall be conducted at least monthly, pursuant to
Section 16516.5. At least once every six months, at the time of a
regularly scheduled social worker contact with the foster child, the
child's social worker shall inform the child of his or her rights as
a foster child, as specified in Section 16001.9. The social worker
shall provide the information to the child in a manner appropriate to
the age or developmental level of the child.
(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the
case plan. The frequency of those contacts shall reflect overall
case goals, and consider other principles outlined in this section.
(B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
(A) The death of an immediate relative.
(B) The birth of a sibling.
(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
(8) Effective January 1, 2010, a case plan shall ensure the
educational stability of the child while in foster care and shall
include both of the following:
(A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of
placement.
(B) An assurance that the placement agency has coordinated with
the person holding the right to make educational decisions for
the child and appropriate local educational agencies to ensure
that the child remains in the school in which the child is enrolled
at the time of placement, placement or,
if remaining in that school is not in the best interests of the
child, assurances by the placement agency and the local educational
agency to provide immediate and appropriate enrollment in a new
school and to provide all of the child's educational records to the
new school.
(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings. This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
(B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.
(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest. A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
(12) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In any a
voluntary service or placement agreement, the parents or legal
guardians shall be required to review and sign the case plan.
Whenever possible, parents and legal guardians shall participate in
the development of the case plan.
(B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be advised
that the parent's or guardian's failure to cooperate, except for
good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of age
or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.
(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
(15) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child's wishes regarding their permanent
placement plan and an assessment of those stated wishes. The agency
shall also include documentation of the steps the agency is taking to
find an adoptive family or other permanent living arrangements for
the child; to place the child with an adoptive family, an appropriate
and willing relative, a legal guardian, or in another planned
permanent living arrangement; and to finalize the adoption or legal
guardianship. At a minimum, the documentation shall include
child-specific recruitment efforts, such as the use of state,
regional, and national adoption exchanges, including electronic
exchange systems, when the child has been freed for adoption.
(16) (A) When appropriate, for a child who is 16 years of age or
older, the case plan shall include a written description of the
programs and services that will help the child, consistent with the
child's best interests, prepare for the transition from foster care
to independent living. The case plan shall be developed with the
child and individuals identified as important to the child, and shall
include steps the agency is taking to ensure that the child has a
connection to a caring adult.
(B) During the 90-day period prior to the participant attaining 18
years of age or older as the state may elect under Section 475(8)(B)
(iii) (42 U.S.C. Sec. 675(8)(B)(iii)) of the federal Social Security
Act, whether during that period foster care maintenance payments are
being made on the child's behalf or the child is receiving benefits
or services under Section 477 (42 U.S.C. Sec. 677) of the federal
Social Security Act, a caseworker or other appropriate agency staff
or probation officer and other representatives of the participant, as
appropriate, must address, in the written transitional independent
living plan, that is personalized at the direction of the child,
information as detailed as the participant elects that shall include,
but not be limited to, options regarding housing, health insurance,
education, local opportunities for mentors and continuing support
services, and workforce supports and employment services.
(g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation. This section does not require or prohibit
the social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
(h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
(i) When a child who is 10 years of age or older and who has been
in out-of-home placement for six months or longer, the case plan
shall include an identification of individuals, other than the child'
s siblings, who are important to the child and actions necessary to
maintain the child's relationship with those individuals, provided
that those relationships are in the best interest of the child. The
social worker shall ask every child who is 10 years of age or older
and who has been in out-of-home placement for six months or longer to
identify individuals other than the child's siblings who are
important to the child, and may ask any other child to provide that
information, as appropriate. The social worker shall make efforts to
identify other individuals who are important to the child, consistent
with the child's best interests.
(j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
(k) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association and other advocates,
shall develop a comprehensive plan to ensure that 90 percent of
foster children are visited by their caseworkers on a monthly basis
by October 1, 2011, and that the majority of the visits occur in the
residence of the child. The plan shall include any data reporting
requirements necessary to comply with the provisions of the federal
Child and Family Services Improvement Act of 2006 (Public Law
109-288).
(l) The implementation and operation of the amendments to
subdivision (i) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
SEC. 3.3. Section 16501.1 of the
Welfare and Institutions Code is amended to read:
16501.1. (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
(b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
(2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
(3) (A) In determining the reasonable services to be
offered or provided, Upon a determination pursuant to
paragraph (1) of subdivision (e) of Section 361.5 that reasonable
services will be offered to a parent who is incarcerated in a county
jail or state prison, the case plan shall include information,
to the extent possible, about a parent's incarceration in a county
jail or the state prison during the time that a minor child of that
parent is involved in dependency care. Once a consistent
data entry field or fields have been designated in the statewide
child welfare database, social workers shall make reasonable efforts
to collect and update necessary data regarding a child's incarcerated
parent or parents.
(B) In order to further the goals of this paragraph, the
Legislature encourages the State Department of Social Services to
consult with the county welfare directors regarding the best way to
incorporate the information specified in subparagraph (A) as a
required field in the statewide database. The Legislature also
encourages the Department of Justice, the Department of Corrections
and Rehabilitation, county welfare departments, and county sheriffs
to develop protocols for facilitating the exchange of information
regarding the location and sentencing of the incarcerated parent or
parents of a minor child who is in dependency care.
(C) Nothing in this paragraph shall be interpreted to require the
department to create a new dedicated field in the statewide database
for incorporating the information specified in subparagraph (A).
(4) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
(5) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
(c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike family like and the most
appropriate setting that is available and in close proximity to the
parent's home, proximity to the child's school, and
consistent with the selection of the environment best suited to meet
the child's special needs and best interests, or both
interests . The selection shall consider, in
order of priority, placement with relatives, tribal members, and
foster family, group care, and residential treatment pursuant to
Section 7950 of the Family Code. On or after January 1, 2012,
for a nonminor dependent, as defined in subdivision (v) of Section
11400, who is receiving AFDC-FC benefits up to 21 years of
age pursuant to Section 11403, in addition to the above
requirements, the selection of the placement, including a supervised
independent living setting, as described in Section 11400, shall also
be based upon the developmental needs of young adults by providing
opportunities to have incremental responsibilities that prepare a
nonminor dependent to transition to independent living.
When a nonminor dependent is placed in a group home, the case plan
shall also specify why that placement is necessary for the nonminor
dependent's transition to independent living.
(2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school attendance area of origin, and school
attendance area, the number of school transfers the child has
previously experienced, and the child's school matriculation
schedule, in addition to other indicators of educational stability
that the Legislature hereby encourages the State Department of Social
Services and the State Department of Education to develop .
(d) A written case plan shall be completed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) of Section 16501 if the child has not
been removed from his or her home, or by the date of the
dispositional hearing pursuant to Section 358, whichever occurs
first. The case plan shall be updated , as the service
needs of the child and family dictate. At a minimum, the case plan
shall be updated in conjunction with each status review hearing
conducted pursuant to Section 366.21, and the hearing conducted
pursuant to Section 366.26, but no less frequently than once every
six months. Each updated case plan shall include a description of the
services that have been provided to the child under the plan and an
evaluation of the appropriateness and effectiveness of those
services.
(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child's family, as well as the input of relatives and other
interested parties.
(2) The extension of the maximum time available for preparing a
written case plan from the 30 to 60 days shall be effective 90 days
after the date that the department gives counties written notice that
necessary changes have been made to the Child Welfare Services Case
Management System to account for the 60-day timeframe for preparing a
written case plan.
(e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
(f) The case plan shall be developed as follows:
(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
(4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative,
consistent with federal law and in accordance with the department's
approved state plan. For children in out-of-state group home
facilities, visits shall be conducted at least monthly, pursuant to
Section 16516.5. At least once every six months, at the time of a
regularly scheduled social worker contact with the foster child, the
child's social worker shall inform the child of his or her rights as
a foster child, as specified in Section 16001.9. The social worker
shall provide the information to the child in a manner appropriate to
the age or developmental level of the child.
(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
(B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
(A) The death of an immediate relative.
(B) The birth of a sibling.
(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
(8) Effective January 1, 2010, a case plan shall ensure the
educational stability of the child while in foster care and shall
include both of the following:
(A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of
placement.
(B) An assurance that the placement agency has coordinated with
the person holding the right to make educational decisions for
the child and appropriate local educational agencies to ensure
that the child remains in the school in which the child is enrolled
at the time of placement, placement or,
if remaining in that school is not in the best interests of the
child, assurances by the placement agency and the local educational
agency to provide immediate and appropriate enrollment in a new
school and to provide all of the child's educational records to the
new school.
(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings. This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
(B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.
(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest. A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of
the conditions described in paragraph (1) of subdivision (c)
of Section 366.26 applies, shall be deemed a compelling reason.
(12) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In any a
voluntary service or placement agreement, the parents or legal
guardians shall be required to review and sign the case plan.
Whenever possible, parents and legal guardians shall participate in
the development of the case plan. Commencing January 1, 2012,
for nonminor dependents, as def ined in subdivision (v) of
Section 11400, who are receiving AFDC-FC up to 21 years of age
pursuant to Section 11403, the case plan shall be developed with, and
signed by, the nonminor.
(B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be advised
that the parent's or guardian's failure to cooperate, except for
good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of age
or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.
(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
(15) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child's wishes regarding their permanent
placement plan and an assessment of those stated wishes. The agency
shall also include documentation of the steps the agency is taking to
find an adoptive family or other permanent living arrangements for
the child; to place the child with an adoptive family, an appropriate
and willing relative, a legal guardian, or in another planned
permanent living arrangement; and to finalize the adoption or legal
guardianship. At a minimum, the documentation shall include
child-specific recruitment efforts, such as the use of state,
regional, and national adoption exchanges, including electronic
exchange systems, when the child has been freed for adoption.
(16) (A) When appropriate, for a child who is 16 years of age or
older, older and, commencing January 1, 2012,
for a nonminor dependent, the case plan shall include a
written description of the programs and services that will help the
child, consistent with the child's best interests, prepare for the
transition from foster care to independent living
living, and whether the youth has an in-progress application
pending for Title XVI Supplemental Security Income benefits or for
Special Juvenile Immigration Status or other applicable application
for legal residency and an active dependency case is required for
that application. When appropriate, for a nonminor dependent, the
case plan shall include a written description of the program and
services that will help the nonminor dependent, consistent with his
or her best interests, to prepare for transition from foster care and
assist the youth in meeting the eligibility criteria set
forth in Section 11403. If applicable, the case plan shall
describe the individualized supervision provided in the supervised
independent living setting as defined, in subdivision (w) of Section
11400 . The case plan shall be developed with the child or
nonminor dependent and individuals identified as important to
the child, child or nonminor dependent,
and shall include steps the agency is taking to ensure that the
child has a connection to a caring adult or
nonminor dependent achieves permanence, including
maintaining or obtaining permanent connections to caring and
committed adults .
(B) During the 90-day period prior to the participant attaining 18
years of age or older as the state may elect under Section 475(8)(B)
(iii) (42 U.S.C. Sec. 675(8)(B)(iii)) of the federal Social Security
Act, whether during that period foster care maintenance payments are
being made on the child's behalf or the child is receiving benefits
or services under Section 477 (42 U.S.C. Sec. 677) of the federal
Social Security Act, a caseworker or other appropriate agency staff
or probation officer and other representatives of the participant, as
appropriate, must address, in shall provide
the youth or nonminor with assistance and support in developing
the written transitional independent living plan, that is
personalized at the direction of the child, information as detailed
as the participant elects that shall include, but not be limited to,
options regarding housing, health insurance, education, local
opportunities for mentors and continuing support services, and
workforce supports and employment services.
(g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation. This section does not require or prohibit
the social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
(h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
(i) When a child who is 10 years of age or older and who has been
in out-of-home placement for six months or longer, the case plan
shall include an identification of individuals, other than the child'
s siblings, who are important to the child and actions necessary to
maintain the child's relationship with those individuals, provided
that those relationships are in the best interest of the child. The
social worker shall ask every child who is 10 years of age or older
and who has been in out-of-home placement for six months or longer to
identify individuals other than the child's siblings who are
important to the child, and may ask any other child to provide that
information, as appropriate. The social worker shall make efforts to
identify other individuals who are important to the child, consistent
with the child's best interests.
(j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
(k) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association and other advocates,
shall develop a comprehensive plan to ensure that 90 percent of
foster children are visited by their caseworkers on a monthly basis
by October 1, 2011, and that the majority of the visits occur in the
residence of the child. The plan shall include any data reporting
requirements necessary to comply with the provisions of the federal
Child and Family Services Improvement Act of 2006 (Public Law
109-288).
(l) The implementation and operation of the amendments to
subdivision (i) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 5. (a) Section 3.1 of this bill incorporates
amendments to Section 16501.1 of the Welfare and Institutions Code
proposed by both this bill and AB 12. It shall only become operative
if (1) both bills are enacted and become effective on or before
January 1, 2011, (2) each bill amends Section 16501.1 of the Welfare
and Institutions Code, and (3) SB 1353 is not enacted or as enacted
does not amend that section, and (4) this bill is enacted after AB
12, in which case Sections 3, 3.2, and 3.3 of this bill shall not
become operative.
(b) Section 3.2 of this bill incorporates amendments to Section
16501.1 of the Welfare and Institutions Code proposed by both this
bill and SB 1353. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
each bill amends Section 16501.1 of the Welfare and Institutions
Code, (3) AB 12 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after SB 1353, in which case
Sections 3, 3.1, and 3.3 of this bill shall not become operative.
(c) Section 3.3 of this bill incorporates amendments to Section
16501.1 of the Welfare and Institutions Code proposed by this bill,
AB 12, and SB 1353. It shall only become operative if (1) all three
bills are enacted and become effective on or before January 1, 2011,
(2) all three bills amend Section 16501.1 of the Welfare and
Institutions Code, and (3) this bill is enacted after AB 12 and SB
1353, in which case Sections 3, 3.1, and 3.2 of this bill shall not
become operative.
