BILL NUMBER: AB 1695	CHAPTERED  10/10/01

	CHAPTER  653
	FILED WITH SECRETARY OF STATE  OCTOBER 10, 2001
	APPROVED BY GOVERNOR  OCTOBER 9, 2001
	PASSED THE SENATE  SEPTEMBER 12, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2001
	AMENDED IN SENATE  SEPTEMBER 7, 2001
	AMENDED IN SENATE  AUGUST 30, 2001
	AMENDED IN SENATE  AUGUST 20, 2001
	AMENDED IN SENATE  JULY 17, 2001
	AMENDED IN SENATE  JUNE 27, 2001

INTRODUCED BY   Committee on Human Services (Aroner (Chair), Goldberg
(Vice Chair), Chan, Diaz, and Dutra)

                        MARCH 6, 2001

   An act to amend Sections 1505, 1521.5, 1521.6, and 1525.5 of the
Health and Safety Code, to amend Section 11105.2 of the Penal Code,
and to amend Sections 309, 319, 361.2, 361.3, 361.5, 366, 366.1, 727,
11400, 11401, 11402, 11461, 16504.5, 16507.5, and 16518 of, and to
add Section 362.7 to, the Welfare and Institutions Code, relating to
foster care, and declaring the urgency thereof, to take effect
immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1695, Committee on Human Services.  Foster care.
   Existing law sets forth the California Community Care Facilities
Act which regulates, among other things, residential care facilities
for children, except as specified.
   This bill would exempt from that act the homes of relatives and
nonrelative extended family members when children are placed by the
juvenile court, as specified.  The bill would also revise the
requirements for licensure of foster family homes, and exempt foster
family homes from provisions for the temporary licensure of community
care facilities, as specified.
   Existing law authorizes the Department of Justice to provide
subsequent arrest notification to certain public agencies for
specified purposes.
   This bill would add to those purposes the approval of relative
caregivers and nonrelative extended family members, as defined, and
would make related changes.
   Existing law sets forth various placement options for children who
have been adjudged dependent children of the juvenile court and
removed from their homes on the basis of neglect or abuse.  Existing
law also specifies various placement options for children who have
been declared wards of the juvenile court.  Existing law establishes
a preference for placement in the home of a relative.
   Existing law generally requires a court to make a determination on
the record at the initial petition hearing as to whether reasonable
efforts were made to prevent or eliminate the need to remove a
dependent child from the home.  If the first contact with the family
has occurred during an emergency situation in which the child could
not safely remain at home, even if reasonable services were provided,
the court must make a finding that the lack of preplacement
preventive services was reasonable.
   This bill would provide that the standards used to evaluate and
grant or deny approval of the home of a relative or the home of a
nonrelative extended family member for the placement of a child shall
be the same standards as set forth in specified regulations for
licensing foster family homes, as specified.  The bill would also
provide for conditional approval pending criminal history
information, would delete certain status review criteria regarding
the substantial probability a dependent child in foster care will
return to his or her parents' safe home within 6 months, and would
revise the safety requirements regarding placement in a relative's
home in specified instances.  The bill would impose a state-mandated
local program by increasing the level of service required of county
employees under an existing program.
   The bill would also delete the provision requiring the court to
make a finding that the lack of preplacement preventive services was
reasonable if the first contact with the family of a dependent child
has occurred during an emergency situation as described above.  The
bill would revise the list of homes into which a dependent child who
is under the care, custody, and control of a social worker, or a ward
of the juvenile court who is under the care, custody, and control of
a probation officer, may be placed to specifically include the home
of a nonrelative extended family member, as defined.  The bill would
make other related changes.  The bill would require the State
Department of Social Services to adopt regulations to implement these
provisions by July 1, 2002.  The bill would also include a statement
of legislative intent.
   Existing law specifies the circumstances in which reunification
services need not be provided to a parent or guardian from whose
custody a child has been removed by the juvenile court.
   This bill would revise those circumstances, as specified.
   Existing law provides for Aid to Families with Dependent Children
(AFDC) for children who have been removed from their homes in certain
instances.
   This bill would remove specified requirements for AFDC where a
child was removed from his or her home during an emergency situation
or when there is a judicial determination that the lack of
preplacement preventive efforts was reasonable, as specified.
  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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   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.
   The bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature to continue to
promote the successful implementation of the statutory preference for
foster care placement with relative caregivers as set forth in
Section 7950 of the Family Code.  Placement of a child with a
relative caregiver most closely meets the statutory requirement of
Section 16000 of the Welfare and Institutions Code that a child live
in the least restrictive and most familylike setting possible.
California's clear mandate for an exhaustive search for available
relatives and primary consideration of these relatives for placement
is in accord with federal Title IV-E requirements that the "State
shall consider giving preference to an adult relative over a
nonrelated caregiver when determining placement for a child."
   The intent of the Legislature is to clarify that California's
relative caregiver approval process employs the same standards used
to license foster care homes in accordance with the federal Adoption
and Safe Families Act of 1997, (P.L. 105-89), and, therefore,
California's compliance entitles it to continuous Title IV-E foster
care maintenance and administration payments.
  SEC. 2.  Section 1505 of the Health and Safety Code is amended to
read:
   1505.  This chapter does not apply to any of the following:
   (a) Any health facility, as defined by Section 1250.
   (b) Any clinic, as defined by Section 1202.
   (c) Any juvenile placement facility approved by the California
Youth Authority or any juvenile hall operated by a county.
   (d) Any place in which a juvenile is judicially placed pursuant to
subdivision (a) of Section 727 of the Welfare and Institutions Code.

   (e) Any child day care facility, as defined in Section 1596.750.
   (f) Any facility conducted by and for the adherents of any
well-recognized church or religious denomination for the purpose of
providing facilities for the care or treatment of the sick who depend
upon prayer or spiritual means for healing in the practice of the
religion of the church or denomination.
   (g) Any school dormitory or similar facility determined by the
department.
   (h) Any house, institution, hotel, homeless shelter, or other
similar place that supplies board and room only, or room only, or
board only, provided that no resident thereof requires any element of
care as determined by the director.
   (i) Recovery houses or other similar facilities providing group
living arrangements for persons recovering from alcoholism or drug
addiction where the facility provides no care or supervision.
   (j) Any alcoholism or drug abuse recovery or treatment facility as
defined by Section 11834.11.
   (k) Any arrangement for the receiving and care of persons by a
relative or any arrangement for the receiving and care of persons
from only one family by a close friend of the parent, guardian, or
conservator, if the arrangement is not for financial profit and
occurs only occasionally and irregularly, as defined by regulations
of the department.  For purposes of this chapter, arrangements for
the receiving and care of persons by a relative shall include
relatives of the child for the purpose of keeping sibling groups
together.
   (l) (1) Any home of a relative caregiver of children who are
placed by a juvenile court, supervised by the county welfare or
probation department, and the placement of whom is approved according
to subdivision (d) of Section 309 of the Welfare and Institutions
Code.
   (2) Any home of a nonrelative extended family member, as described
in Section 362.7 of the Welfare and Institutions Code, providing
care to children who are placed by a juvenile court, supervised by
the county welfare or probation department, and the placement of whom
is approved according to subdivision (d) of Section 309 of the
Welfare and Institutions Code.
   (m) Any supported living arrangement for individuals with
developmental disabilities as defined in Section 4689 of the Welfare
and Institutions Code.
   (n) (1) Any family home agency or family home, as defined in
Section 4689.1 of the Welfare and Institutions Code, that is vendored
by the State Department of Developmental Services and that does
either of the following:
   (A) As a family home approved by a family home agency, provides
24-hour care for one or two adults with developmental disabilities in
the residence of the family home provider or providers and the
family home provider or providers' family, and the provider is not
licensed by the State Department of Social Services or the State
Department of Health Services or certified by a licensee of the State
Department of Social Services or the State Department of Health
Services.
   (B) As a family home agency, engages in recruiting, approving, and
providing support to family homes.
   (2) No part of this subdivision shall be construed as establishing
by implication either a family home agency or family home licensing
category.
   (o) Any facility in which only Indian children who are eligible
under the federal Indian Child Welfare Act, Chapter 21 (commencing
with Section 1901) of Title 25 of the United States Code are placed
and that is one of the following:
   (1) An extended family member of the Indian child, as defined in
Section 1903 of Title 25 of the United States Code.
   (2) A foster home that is licensed, approved, or specified by the
Indian child's tribe pursuant to Section 1915 of Title 25 of the
United States Code.
   (p) Any housing for elderly or disabled persons, or both, that is
approved and operated pursuant to Section 202 of Public Law 86-372
(12 U.S.C.A. Sec. 1701g), or Section 811 of Public Law 101-625 (42
U.S.C.A. Sec.  8013), or whose mortgage is insured pursuant to
Section 236 of Public Law 90-448 (12 U.S.C.A. Sec. 1715z), or that
receives mortgage assistance pursuant to Section 221d (3) of Public
Law 87-70 (12 U.S.C.A. Sec. 17151), where supportive services are
made available to residents at their option, as long as the project
owner or operator does not contract for or provide the supportive
services.  The project owner or operator may coordinate, or help
residents gain access to, the supportive services, either directly,
or through a service coordinator.
   (q) Any similar facility determined by the director.
  SEC. 3.  Section 1521.5 of the Health and Safety Code is amended to
read:
   1521.5.  (a) The county welfare director shall, prior to the
issuance of any foster family home license, ensure that the county
licensing staff, or the placement staff, conducts one or more in-home
interviews with the prospective foster parent sufficient to collect
information on caregiver qualifications that may be used by the
placement agency to evaluate the ability, willingness, and readiness
of the prospective foster parent to meet the varying needs of
children.  The inability of a prospective foster parent to meet the
varying needs of children, shall not, in and of itself, preclude a
prospective foster parent from obtaining a foster family home
license.  In counties in which the county has not contracted with the
state to license foster family homes, the in-home interview shall be
done by the placement agency.
   (b) All in-home interviews required by this section shall be on an
in-person basis.
   (c) If the in-home interview is conducted by the licensing agency,
it shall be a part of the licensing record, and shall be shared with
the placement agency pursuant to subdivision (e) of Section 1798.24
of the Civil Code.
   (d) The in-home interview required by this section shall be
completed no later than 120 days following notification by the
licensing agency.
   (e) No license shall be issued unless an in-home interview has
been conducted as required by this section.
  SEC. 4.  Section 1521.6 of the Health and Safety Code is amended to
read:
   1521.6.  (a) The Legislature recognizes the importance of ensuring
that prospective foster family homes meet specified health and
safety requirements.  Moreover, the Legislature acknowledges that
there is a further need to evaluate a licensed foster parent's
ability, readiness, and willingness to meet the varying needs of
children, including hard-to-place children, in order to ensure
competent placement resources.  Therefore, it is the intent of the
Legislature that the State Department of Social Services, in
consultation with county placement agencies, foster care providers,
and other interested parties, develop and implement through
regulations, a comprehensive home study process that integrates the
decision outcome of the home study developed pursuant to Section
16518 of the Welfare and Institutions Code, as a criteria for
placement.
   (b) This section shall become inoperative on the date the
regulations adopted pursuant to this section are filed with the
Secretary of State.
  SEC. 5.  Section 1525.5 of the Health and Safety Code is amended to
read:
   1525.5.  (a) The director may issue provisional licenses to
operate community care facilities for facilities which the director
determines are in substantial compliance with the provisions of this
chapter and the rules and regulations adopted pursuant thereto,
provided, that no life safety risks are involved, as determined by
the director.  In determining whether any life safety risks are
involved, the director shall require completion of all applicable
fire clearances and criminal record clearances as otherwise required
by the department's rules and regulations.  The provisional license
shall expire six months from the date of issuance, or at any earlier
time as the director may determine, and may not be renewed.  However,
the director may extend the term of a provisional license for an
additional six months at time of application, if it is determined
that more than six months will be required to achieve full compliance
with licensing standards due to circumstances beyond the control of
the applicant, provided all other requirements for a license have
been met.
   (b) This section shall not apply to foster family homes.
  SEC. 6.  Section 11105.2 of the Penal Code is amended to read:
   11105.2.  (a) The Department of Justice may provide subsequent
arrest notification to any agency authorized by Section 11105 to
receive state summary criminal history information to assist in
fulfilling employment, licensing, certification duties, or the duties
of approving relative caregivers and nonrelative extended family
members, upon the arrest of any person whose fingerprints are
maintained on file at the Department of Justice as the result of an
application for licensing, employment, certification, or approval.
The notification shall consist of a current copy of the person's
state summary criminal history transcript.
   (b) For purposes of this section, "approval" means those duties
described in subdivision (d) of Section 309 of the Welfare and
Institutions Code for approving the home of a relative caregiver or
of a nonrelative extended family member for placement of a child
supervised by the juvenile court.
   (c) Any agency, other than a law enforcement agency employing
peace officers as defined in Section 830.1, subdivisions (a) and (e)
of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a)
and (b) of Section 830.5, and subdivision (a) of Section 830.31,
shall enter into a contract with the Department of Justice in order
to receive notification of subsequent arrests for licensing,
employment, or certification purposes.
   (d) Any agency which submits the fingerprints of applicants for
licensing, employment, certification, or approval to the Department
of Justice for the purpose of establishing a record of the applicant
to receive notification of subsequent arrests shall immediately
notify the department when the employment of the applicant is
terminated, when the applicant's license or certificate is revoked,
when the applicant may no longer renew or reinstate the license or
certificate, or when a relative caregiver's or nonrelative extended
family member's approval is terminated.  The Department of Justice
shall terminate subsequent arrest notification on any applicant upon
the request of the licensing, employment, certifying, or approving
authority.
   (e) Any agency receiving a notification of subsequent arrest for a
person unknown to the agency, or for a person no longer employed by
the agency, or no longer eligible to renew the certificate or license
for which subsequent arrest notification service was established
shall immediately return the subsequent arrest notification to the
Department of Justice, informing the department that the agency is no
longer interested in the applicant.  The agency shall not record or
otherwise retain any information received as a result of the
subsequent arrest notice.
   (f) Any agency which submits the fingerprints of an applicant for
employment, licensing, certification, or approval to the Department
of Justice for the purpose of establishing a record at the department
to receive notification of subsequent arrest shall immediately
notify the department if the applicant is not subsequently employed,
or if the applicant is denied licensing certification, or approval.
   (g) An agency which fails to provide the Department of Justice
with notification as set forth in subdivisions (c), (d), and (e) may
be denied further subsequent arrest notification service.
   (h) Notwithstanding subdivisions (c), (d), and (f), subsequent
arrest notification by the Department of Justice and retention by the
employing agency shall continue as to retired peace officers listed
in subdivision (c) of Section 830.5.
  SEC. 7.  Section 309 of the Welfare and Institutions Code is
amended to read:
   309.  (a) Upon delivery to the social worker of a child who has
been taken into temporary custody under this article, the social
worker shall immediately investigate the circumstances of the child
and the facts surrounding the child's being taken into custody and
attempt to maintain the child with the child's family through the
provision of services.  The social worker shall immediately release
the child to the custody of the child's parent, guardian, or
responsible relative unless one or more of the following conditions
exist:
   (1) The child has no parent, guardian, or responsible relative; or
the child's parent, guardian, or responsible relative is not willing
to provide care for the child.
   (2) Continued detention of the child is a matter of immediate and
urgent necessity for the protection of the child and there are no
reasonable means by which the child can be protected in his or her
home or the home of a responsible relative.
   (3) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
   (4) The child has left a placement in which he or she was placed
by the juvenile court.
   (5) The parent or other person having lawful custody of the child
voluntarily surrendered physical custody of the child pursuant to
Section 1255.7 of the Health and Safety Code and did not reclaim the
child within the 14-day period specified in subdivision (e) of that
section.
   (b) In any case in which there is reasonable cause for believing
that a child who is under the care of a physician or surgeon or a
hospital, clinic, or other medical facility and cannot be immediately
moved is a person described in Section 300, the child shall be
deemed to have been taken into temporary custody and delivered to the
social worker for the purposes of this chapter while the child is at
the office of the physician or surgeon or the medical facility.
   (c) If the child is not released to his or her parent or guardian,
the child shall be deemed detained for purposes of this chapter.
   (d) If an able and willing relative, as defined in Section 319, is
available and requests temporary placement of the child pending the
detention hearing, the county welfare department shall initiate an
assessment of the relative's suitability, which shall include an
in-home inspection to assess the safety of the home and the ability
of the relative to care for the child's needs, and a consideration of
the results of a criminal records check and a check of allegations
of prior child abuse or neglect concerning the relative and other
adults in the home.  The standards used to evaluate and grant or deny
approval of the home of the relative and of the home of a
nonrelative extended family member, as described in Section 362.7,
shall be the same standards set forth in regulations for the
licensing of foster family homes which prescribe standards of safety
and sanitation for the physical plant and standards for basic
personal care, supervision, and services provided by the caregiver.
If a relative or nonrelative extended family member meets all other
conditions for approval, except for the receipt of the Federal Bureau
of Investigation's criminal history information for the relative or
nonrelative extended family member, and other adults in the home, as
indicated, the county welfare department may approve the home and
document that approval, if the relative or nonrelative extended
family member, and each adult in the home, has signed and submitted a
statement that he or she has never been convicted of a crime in the
United States, other than a traffic infraction as defined in
paragraph (1) of subdivision (a) of Section 42001 of the Vehicle
Code.  If, after the approval has been granted, the department
determines that the relative or nonrelative extended family member or
other adult in the home has a criminal record, the approval may be
terminated.
   (e) This section shall be repealed on January 1, 2006, unless a
later enacted statute extends or deletes that date.
  SEC. 8.  Section 309 of the Welfare and Institutions Code is
amended to read:
   309.  (a) Upon delivery to the social worker of a child who has
been taken into temporary custody under this article, the social
worker shall immediately investigate the circumstances of the child
and the facts surrounding the child's being taken into custody and
attempt to maintain the child with the child's family through the
provision of services.  The social worker shall immediately release
the child to the custody of the child's parent, guardian, or
responsible relative unless one or more of the following conditions
exist:
   (1) The child has no parent, guardian, or responsible relative; or
the child's parent, guardian, or responsible relative is not willing
to provide care for the child.
   (2) Continued detention of the child is a matter of immediate and
urgent necessity for the protection of the child and there are no
reasonable means by which the child can be protected in his or her
home or the home of a responsible relative.
   (3) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
   (4) The child has left a placement in which he or she was placed
by the juvenile court.
   (b) In any case in which there is reasonable cause for believing
that a child who is under the care of a physician or surgeon or a
hospital, clinic, or other medical facility and cannot be immediately
moved is a person described in Section 300, the child shall be
deemed to have been taken into temporary custody and delivered to the
social worker for the purposes of this chapter while the child is at
the office of the physician or surgeon or the medical facility.
   (c) If the child is not released to his or her parent or guardian,
the child shall be deemed detained for purposes of this chapter.
   (d) If an able and willing relative, as defined in Section 319, is
available and requests temporary placement of the child pending the
detention hearing, the county welfare department shall initiate an
assessment of the relative's suitability, which shall include an
in-home inspection to assess the safety of the home and the ability
of the relative to care for the child's needs, and a consideration of
the results of a criminal records check and a check of allegations
of prior child abuse or neglect concerning the relative and other
adults in the home.  The standards used to evaluate and grant or deny
approval of the home of a relative or a nonrelative extended family
member, as described in Section 362.7, shall be the same standards
set forth in regulations for licensing foster family homes.  These
regulations prescribe standards of safety and sanitation for the
physical plant and standards for basic personal care, supervision,
and services provided by the caregiver.  If a relative or nonrelative
extended family member meets all other conditions for approval,
except for the receipt of the Federal Bureau of Investigations'
criminal history information for a relative, or nonrelative extended
family member, and other adults in the home, as indicated, the county
welfare department may approve the home and document that approval,
if the relative, or nonrelative extended family member, and each
adult in the home has signed and submitted a statement that he or she
has never been convicted of a crime in the United States, other than
a traffic infraction as defined in paragraph (1) of subdivision (a)
of Section 42001 of the Vehicle Code.  If, after the approval has
been granted, the department determines that the relative or
nonrelative extended family member or other adult in the home has a
criminal record, the approval may be terminated.
  SEC. 9.  Section 319 of the Welfare and Institutions Code is
amended to read:
   319.  (a) At the initial petition hearing, the court shall examine
the child's parents, guardians, or other persons having relevant
knowledge and hear the relevant evidence as the child, the child's
parents or guardians, the petitioner, or their counsel desires to
present.  The court may examine the child, as provided in Section
350.
   (b) The social worker shall report to the court on the reasons why
the child has been removed from the parent's custody; the need, if
any, for continued detention; the available services and the referral
methods to those services that could facilitate the return of the
child to the custody of the child's parents or guardians; and whether
there are any relatives who are able and willing to take temporary
custody of the child.  The court shall order the release of the child
from custody unless a prima facie showing has been made that the
child comes within Section 300, the court finds that continuance in
the parent's or guardian's home is contrary to the child's welfare,
and any of the following circumstances exist:
   (1) There is a substantial danger to the physical health of the
child or the child is suffering severe emotional damage, and there
are no reasonable means by which the child's physical or emotional
health may be protected without removing the child from the parents'
or guardians' physical custody.
   (2) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
   (3) The child has left a placement in which he or she was placed
by the juvenile court.
   (4) The child indicates an unwillingness to return home, if the
child has been physically or sexually abused by a person residing in
the home.
   (c) If the matter is continued pursuant to Section 322 or for any
other reason, the court shall find that the continuance of the child
in the parent's or guardian's home is contrary to the child's welfare
at the initial petition hearing or order the release of the child
from custody.
   (d) (1) The court shall also make a determination on the record,
referencing the social worker's report or other evidence relied upon,
as to whether reasonable efforts were made to prevent or eliminate
the need for removal of the child from his or her home, pursuant to
subdivision (b) of Section 306, and whether there are available
services that would prevent the need for further detention.  Services
to be considered for purposes of making this determination are case
management, counseling, emergency shelter care, emergency in-home
caretakers, out-of-home respite care, teaching and demonstrating
homemakers, parenting training, transportation, and any other child
welfare services authorized by the State Department of Social
Services pursuant to Chapter 5 (commencing with Section 16500) of
Part 4 of Division 9. The court shall also review whether the social
worker has considered whether a referral to public assistance
services pursuant to Chapter 2 (commencing with Section 11200) and
Chapter 7 (commencing with Section 14000) of Part 3, Chapter 1
(commencing with Section 17000) of Part 5, and Chapter 10 (commencing
with Section 18900) of Part 6 of Division 9 would have eliminated
the need to take temporary custody of the child or would prevent the
need for further detention.
   (2) If the child can be returned to the custody of his or her
parent or guardian through the provision of those services, the court
shall place the child with his or her parent or guardian and order
that the services shall be provided.  If the child cannot be returned
to the custody of his or her parent or guardian, the court shall
determine if there is a relative who is able, approved, and willing
to care for the child.
   (e) Whenever a court orders a child detained, the court shall
state the facts on which the decision is based, shall specify why the
initial removal was necessary, shall reference the social worker's
report or other evidence relied upon to make its determination
whether continuance in the home of the parent or legal guardian in
contrary to the child's welfare, shall order temporary placement and
care of the child to be vested with the county child welfare
department pending the hearing held pursuant to Section 355 or
further order of the court, and shall order services to be provided
as soon as possible to reunify the child and his or her family if
appropriate.
   (f) When the child is not released from custody, the court may
order that the child shall be placed in the approved home of a
relative, in an emergency shelter or other suitable licensed place,
in a place exempt from licensure designated by the juvenile court, or
in the approved home of a nonrelative extended family member as
defined in Section 362.7 for a period not to exceed 15 judicial days.

   As used in this section, "relative" means an adult who is related
to the child by blood, adoption, or affinity within the fifth degree
of kinship, including stepparents, stepsiblings, and all relatives
whose status is preceded by the words "great," "great-great," or
"grand," or the spouse of any of these persons, even if the marriage
was terminated by death or dissolution.  However, only the following
relatives shall                                             be given
preferential consideration for placement of the child:  an adult who
is a grandparent, aunt, uncle, or sibling of the child.
   The court shall consider the recommendations of the social worker
based on the approval of the relative's home, including the results
of a criminal records check and prior child abuse allegations, if
any, prior to ordering that the child be placed with a relative.  The
court shall order the parent to disclose to the social worker the
names, residences, and any known identifying information of any
maternal or paternal relatives of the child.  The social worker shall
initiate the assessment pursuant to Section 361.3 of any relative to
be considered for continuing placement.
  SEC. 10.  Section 361.2 of the Welfare and Institutions Code is
amended to read:
   361.2.  (a) When a court orders removal of a child pursuant to
Section 361, the court shall first determine whether there is a
parent of the child, with whom the child was not residing at the time
that the events or conditions arose that brought the child within
the provisions of Section 300, who desires to assume custody of the
child.  If that parent requests custody, the court shall place the
child with the parent unless it finds that placement with that parent
would be detrimental to the safety, protection, or physical or
emotional well-being of the child.
   (b) If the court places the child with that parent it may do
either of the following:
   (1) Order that the parent become legal and physical custodian of
the child.  The court may also provide reasonable visitation by the
noncustodial parent.  The court shall then terminate its jurisdiction
over the child.  The custody order shall continue unless modified by
a subsequent order of the superior court.  The order of the juvenile
court shall be filed in any domestic relation proceeding between the
parents.
   (2) Order that the parent assume custody subject to the
supervision of the juvenile court.  In that case the court may order
that reunification services be provided to the parent or guardian
from whom the child is being removed, or the court may order that
services be provided solely to the parent who is assuming physical
custody in order to allow that parent to retain later custody without
court supervision, or that services be provided to both parents, in
which case the court shall determine, at review hearings held
pursuant to Section 366, which parent, if either, shall have custody
of the child.
   (c) The court shall make a finding either in writing or on the
record of the basis for its determination under subdivisions (a) and
(b).
   (d) Part 6 (commencing with Section 7950) of Division 12 of the
Family Code shall apply to the placement of a child pursuant to
paragraphs (1) and (2) of subdivision (e).
   (e) When the court orders removal pursuant to Section 361, the
court shall order the care, custody, control, and conduct of the
child to be under the supervision of the social worker who may place
the child in any of the following:
   (1) The home of a noncustodial parent as described in subdivision
(a).
   (2) The approved home of a relative.
   (3) The approved home of a nonrelative extended family member as
defined in Section 362.7.
   (4) A foster home in which the child has been placed before an
interruption in foster care, if that placement is in the best
interest of the child and space is available.
   (5) A suitable licensed community care facility.
   (6) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
   (7) A home or facility in accordance with the federal Indian Child
Welfare Act.
   (8) A child under the age of six years may be placed in a
community care facility licensed as a group home for children, or a
temporary shelter care facility as defined in Section 1530.8 of the
Health and Safety Code, only under any of the following
circumstances:
   (A) When a case plan indicates that placement is for purposes of
providing specialized treatment to the child, the case plan specifies
the need for, nature of, and anticipated duration of this treatment,
and the facility meets the applicable regulations adopted under
Section 1530.8 of the Health and Safety Code and standards developed
pursuant to Section 11467.1.  The specialized treatment period shall
not exceed 120 days, unless additional time is needed pursuant to the
case plan as documented by the caseworker and approved by the
caseworker's supervisor.
   (B) When a case plan indicates that placement is for purposes of
providing family reunification services.  In addition, the facility
offers family reunification services that meet the needs of the
individual child and his or her family, permits parents to have
reasonable access to their children 24 hours a day, encourages
extensive parental involvement in meeting the daily needs of their
children, and employs staff trained to provide family reunification
services.  In addition, one of the following conditions exists:
   (i) The child's parent is also a ward of the court and resides in
the facility.
   (ii) The child's parent is participating in a treatment program
affiliated with the facility and the child's placement in the
facility facilitates the coordination and provision of reunification
services.
   (iii) Placement in the facility is the only alternative that
permits the parent to have daily 24-hour access to the child in
accordance with the case plan, to participate fully in meeting all of
the daily needs of the child, including feeding and personal
hygiene, and to have access to necessary reunification services.
   (f) (1) If the child is taken from the physical custody of the
child's parent or guardian and unless the child is placed with
relatives, the child shall be placed in foster care in the county of
residence of the child's parent or guardian in order to facilitate
reunification of the family.
   (2) In the event that there are no appropriate placements
available in the parent's or guardian's county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent's or guardian's
community of residence.
   (3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child's placement corresponding to
frequent changes of residence by the parent or guardian.  In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent's or guardian's
reason for the move.
   (4) When it has been determined that it is necessary for a child
to be placed in a county other than the child's parent's or guardian'
s county of residence, the specific reason the out-of-county
placement is necessary shall be documented in the child's case plan.
If the reason the out-of-county placement is necessary is the lack
of resources in the sending county to meet the specific needs of the
child, those specific resource needs shall be documented in the case
plan.
   (5) When it has been determined that a child is to be placed
out-of-county either in a group home or with a foster family agency
for subsequent placement in a certified foster family home, and the
sending county is to maintain responsibility for supervision and
visitation of the child, the sending county shall develop a plan of
supervision and visitation that specifies the supervision and
visitation activities to be performed and specifies that the sending
county is responsible for performing those activities.  In addition
to the plan of supervision and visitation, the sending county shall
document information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern in the receiving county.  Upon implementation of the Child
Welfare Services Case Management System, the plan of supervision and
visitation, as well as information regarding any known or suspected
dangerous behavior of the child, shall be made available to the
receiving county upon placement of the child in the receiving county.
  If placement occurs on a weekend or holiday, the information shall
be made available to the receiving county on or before the end of the
next business day.
   (6) When it has been determined that a child is to be placed
out-of-county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties.  The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation.  The formal agreement shall be approved
and signed by the sending and receiving counties prior to placement
of the child in the receiving county.  In addition, upon completion
of the case plan, the sending county shall provide a copy of the
completed case plan to the receiving county.  The case plan shall
include information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern to the receiving county.
   (g) Whenever the social worker must change the placement of the
child and is unable to find a suitable placement within the county
and must place the child outside the county, the placement shall not
be made until he or she has served written notice on the parent or
guardian at least 14 days prior to the placement, unless the child's
health or well-being is endangered by delaying the action or would be
endangered if prior notice were given.  The notice shall state the
reasons which require placement outside the county. The parent or
guardian may object to the placement not later than seven days after
receipt of the notice and, upon objection, the court shall hold a
hearing not later than five days after the objection and prior to the
placement.  The court shall order out-of-county placement if it
finds that the child's particular needs require placement outside the
county.
   (h) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether the family ties and best interest of the
child will be served by granting visitation rights to the child's
grandparents.  The court shall clearly specify those rights to the
social worker.
   (i) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether there are any siblings under the court's
jurisdiction, the nature of the relationship between the child and
his or her siblings, the appropriateness of developing or maintaining
the sibling relationships pursuant to Section 16002, and the impact
of the sibling relationships on the child's placement and planning
for legal permanence.
  SEC. 11.  Section 361.3 of the Welfare and Institutions Code is
amended to read:
   361.3.  (a) In any case in which a child is removed from the
physical custody of his or her parents pursuant to Section 361,
preferential consideration shall be given to a request by a relative
of the child for placement of the child with the relative.  In
determining whether placement with a relative is appropriate, the
county social worker and court shall consider, but shall not be
limited to, consideration of all the following factors:
   (1) The best interest of the child, including special physical,
psychological, educational, medical, or emotional needs.
   (2) The wishes of the parent, the relative, and child, if
appropriate.
   (3) The provisions of Part 6 (commencing with Section 7950) of
Division 12 of the Family Code regarding relative placement.
   (4) Placement of siblings and half-siblings in the same home, if
that placement is found to be in the best interest of each of the
children as provided in Section 16002.
   (5) The good moral character of the relative and any other adult
living in the home, including whether any individual residing in the
home has a prior history of violent criminal acts or has been
responsible for acts of child abuse or neglect.
   (6) The nature and duration of the relationship between the child
and the relative, and the relative's desire to care for the child.
   (7) The ability of the relative to do the following:
   (A) Provide a safe, secure, and stable environment for the child.

   (B) Exercise proper and effective care and control of the child.
   (C) Provide a home and the necessities of life for the child.
   (D) Protect the child from his or her parents.
   (E) Facilitate court-ordered reunification efforts with the
parents.
   (F) Facilitate visitation with the child's other relatives.
   (G) Facilitate implementation of all elements of the case plan.
   (H) Provide legal permanence for the child if reunification fails.

   However, any finding made with respect to the factor considered
pursuant to this subparagraph and pursuant to subparagraph (G) shall
not be the sole basis for precluding preferential placement with a
relative.
   (I) Arrange for appropriate and safe child care, as necessary.
   (8) The safety of the relative's home.  For a relative to be
considered appropriate to receive placement of a child under this
section, the relative's home shall first be approved pursuant to the
process and standards described in subdivision (d) of Section 309.
   In this regard, the Legislature declares that a physical
disability, such as blindness or deafness, is no bar to the raising
of children, and a county social worker's determination as to the
ability of a disabled relative to exercise care and control should
center upon whether the relative's disability prevents him or her
from exercising care and control.  The court shall order the parent
to disclose to the county social worker the names, residences, and
any other known identifying information of any maternal or paternal
relatives of the child.  This inquiry shall not be construed,
however, to guarantee that the child will be placed with any person
so identified.  The county social worker shall initially contact the
relatives given preferential consideration for placement to determine
if they desire the child to be placed with them. Those desiring
placement shall be assessed according to the factors enumerated in
this subdivision.  The county social worker shall document these
efforts in the social study prepared pursuant to Section 358.1.  The
court shall authorize the county social worker, while assessing these
relatives for the possibility of placement, to disclose to the
relative, as appropriate, the fact that the child is in custody, the
alleged reasons for the custody, and the projected likely date for
the child's return home or placement for adoption or legal
guardianship.  However, this investigation shall not be construed as
good cause for continuance of the dispositional hearing conducted
pursuant to Section 358.
   (b) In any case in which more than one appropriate relative
requests preferential consideration pursuant to this section, each
relative shall be considered under the factors enumerated in
subdivision (a).
   (c) For purposes of this section:
   (1) "Preferential consideration" means that the relative seeking
placement shall be the first placement to be considered and
investigated.
   (2) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great" or "grand" or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.  However, only the following relatives shall
be given preferential consideration for the placement of the child:
an adult who is a grandparent, aunt, uncle, or sibling.
   (d) Subsequent to the hearing conducted pursuant to Section 358,
whenever a new placement of the child must be made, consideration for
placement shall again be given as described in this section to
relatives who have not been found to be unsuitable and who will
fulfill the child's reunification or permanent plan requirements.  In
addition to the factors described in subdivision (a), the county
social worker shall consider whether the relative has established and
maintained a relationship with the child.
   (e) If the court does not place the child with a relative who has
been considered for placement pursuant to this section, the court
shall state for the record the reasons placement with that relative
was denied.
  SEC. 11.3.  Section 361.5 of the Welfare and Institutions Code, as
amended by Section 5 of Chapter 824 of the Statutes of 2000, is
amended to read:
   361.5.  (a) Except as provided in subdivision (b) of this section
or when the parent has voluntarily relinquished the child and the
relinquishment has been filed with the State Department of Social
Services, or upon the establishment of an order of guardianship
pursuant to Section 360, whenever a child is removed from a parent's
or guardian's custody, the juvenile court shall order the social
worker to provide child welfare services to the child and the child's
mother and statutorily presumed father or guardians.  Upon a finding
and declaration of paternity by the juvenile court or proof of a
prior declaration of paternity by any court of competent
jurisdiction, the juvenile court may order services for the child and
the biological father, if the court determines that the services
will benefit the child.  Child welfare services, when provided, shall
be provided as follows:
   (1) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was three years of
age or older, court-ordered services shall not exceed a period of 12
months from the date the child entered foster care, except as
otherwise provided in paragraph (3).
   (2) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was under the age
of three years, court-ordered services shall not exceed a period of
six months from the date the child entered foster care.
   (3) For the purpose of placing and maintaining a sibling group
together in a permanent home should reunification efforts fail, for a
child in a sibling group whose members were removed from parental
custody at the same time, and in which one member of the sibling
group was under the age of three years on the date of initial removal
from the physical custody of his or her parent or guardian,
court-ordered services to some or all of the sibling group may be
limited to a period of six months from the date the child entered
foster care.  For the purposes of this paragraph, "a sibling group"
shall mean two or more children who are related to each other as full
or half-siblings.
   Regardless of the age of the child, a child shall be deemed to
have entered foster care on the earlier of the date of the
jurisdictional hearing held pursuant to Section 356 or the date that
is 60 days after the date on which the child was initially removed
from the physical custody of his or her parent or guardian.
   Notwithstanding paragraphs (1), (2), and (3), court-ordered
services may be extended up to a maximum time period not to exceed 18
months after the date the child was originally removed from physical
custody of his or her parent or guardian if it can be shown, at the
hearing held pursuant to subdivision (f) of Section 366.21, that the
permanent plan for the child is that he or she will be returned and
safely maintained in the home within the extended time period.  The
court shall extend the time period only if it finds that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period or that reasonable services have not been provided to
the parent or guardian.  If the court extends the time period, the
court shall specify the factual basis for its conclusion that there
is a substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period.  The court also shall make findings pursuant to
subdivision (a) of Section 366 and subdivision (e) of Section 358.1.

   When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
unless the parent's or guardian's participation is deemed by the
court to be inappropriate or potentially detrimental to the child.
Physical custody of the child by the parents or guardians during the
applicable time period under paragraph (1), (2), or (3) shall not
serve to interrupt the running of the period.  If at the end of the
applicable time period, a child cannot be safely returned to the care
and custody of a parent or guardian without court supervision, but
the child clearly desires contact with the parent or guardian, the
court shall take the child's desire into account in devising a
permanency plan.
   In cases where the child was under the age of three years on the
date of the initial removal from the physical custody of his or her
parent or guardian or is a member of a sibling group as described in
paragraph (3), the court shall inform the parent or guardian that the
failure of the parent or guardian to participate regularly in any
court-ordered treatment programs or to cooperate or avail himself or
herself of services provided as part of the child welfare services
case plan may result in a termination of efforts to reunify the
family after six months.  The court shall inform the parent or
guardian of the factors used in subdivision (e) of Section 366.21 to
determine whether to limit services to six months for some or all
members of a sibling group as described in paragraph (3).
   Except in cases where, pursuant to subdivision (b), the court does
not order reunification services, the court shall inform the parent
or parents of Section 366.26 and shall specify that the parent's or
parents' parental rights may be terminated.
   (b) Reunification services need not be provided to a parent or
guardian described in this subdivision when the court finds, by clear
and convincing evidence, any of the following:
   (1) That the whereabouts of the parent or guardian is unknown.  A
finding pursuant to this paragraph shall be supported by an affidavit
or by proof that a reasonably diligent search has failed to locate
the parent or guardian.  The posting or publication of notices is not
required in that search.
   (2) That the parent or guardian is suffering from a mental
disability that is described in Chapter 2 (commencing with Section
7820) of Part 4 of Division 12 of the Family Code and that renders
him or her incapable of utilizing those services.
   (3) That the child or a sibling of the child has been previously
adjudicated a dependent pursuant to any subdivision of Section 300 as
a result of physical or sexual abuse, that following that
adjudication the child had been removed from the custody of his or
her parent or guardian pursuant to Section 361, that the child has
been returned to the custody of the parent or guardian from whom the
child had been taken originally, and that the child is being removed
pursuant to Section 361, due to additional physical or sexual abuse.

   (4) That the parent or guardian of the child has caused the death
of another child through abuse or neglect.
   (5) That the child was brought within the jurisdiction of the
court under subdivision (e) of Section 300 because of the conduct of
that parent or guardian.
   (6) That the child has been adjudicated a dependent pursuant to
any subdivision of Section 300 as a result of severe sexual abuse or
the infliction of severe physical harm to the child, a sibling, or a
half-sibling by a parent or guardian, as defined in this subdivision,
and the court makes a factual finding that it would not benefit the
child to pursue reunification services with the offending parent or
guardian.
   A finding of severe sexual abuse, for the purposes of this
subdivision, may be based on, but is not limited to, sexual
intercourse, or stimulation involving genital-genital, oral-genital,
anal-genital, or oral-anal contact, whether between the parent or
guardian and the child or a sibling or half-sibling of the child, or
between the child or a sibling or half-sibling of the child and
another person or animal with the actual or implied consent of the
parent or guardian; or the penetration or manipulation of the child'
s, sibling's, or half-sibling's genital organs or rectum by any
animate or inanimate object for the sexual gratification of the
parent or guardian, or for the sexual gratification of another person
with the actual or implied consent of the parent or guardian.
   A finding of the infliction of severe physical harm, for the
purposes of this subdivision, may be based on, but is not limited to,
deliberate and serious injury inflicted to or on a child's body or
the body of a sibling or half-sibling of the child by an act or
omission of the parent or guardian, or of another individual or
animal with the consent of the parent or guardian; deliberate and
torturous confinement of the child, sibling, or half-sibling in a
closed space; or any other torturous act or omission that would be
reasonably understood to cause serious emotional damage.
   (7) That the parent is not receiving reunification services for a
sibling or a half-sibling of the child pursuant to paragraph (3),
(5), or (6).
   (8) That the child was conceived by means of the commission of an
offense listed in Section 288 or 288.5 of the Penal Code, or by an
act committed outside of this state that, if committed in this state,
would constitute one of those offenses.  This paragraph only applies
to the parent who committed the offense or act.
   (9) That the child has been found to be a child described in
subdivision (g) of Section 300, that the parent or guardian of the
child willfully abandoned the child, and the court finds that the
abandonment itself constituted a serious danger to the child; or that
the parent or other person having custody of the child voluntarily
surrendered physical custody of the child pursuant to Section 1255.7
of the Health and Safety Code.  For the purposes of this paragraph,
"serious danger" means that without the intervention of another
person or agency, the child would have sustained severe or permanent
disability, injury, illness, or death.  For
                        purposes of this paragraph, "willful
abandonment" shall not be construed as actions taken in good faith by
the parent without the intent of placing the child in serious
danger.
   (10) That the court ordered termination of reunification services
for any siblings or half-siblings of the child because the parent or
guardian failed to reunify with the sibling or half-sibling after the
sibling or half-sibling had been removed from that parent or
guardian pursuant to Section 361 and that parent or guardian is the
same parent or guardian described in subdivision (a) and that,
according to the findings of the court, this parent or guardian has
not subsequently made a reasonable effort to treat the problems that
led to removal of the sibling or half-sibling of that child from that
parent or guardian.
   (11) That the parental rights of a parent over any sibling or
half-sibling of the child had been permanently severed, and this
parent is the same parent described in subdivision (a), and that,
according to the findings of the court, this parent has not
subsequently made a reasonable effort to treat the problems that led
to removal of the sibling or half-sibling of that child from the
parent.
   (12) That the parent or guardian of the child has been convicted
of a violent felony, as defined in subdivision (c) of Section 667.5
of the Penal Code.
   (13)  That the parent or guardian of the child has a history of
extensive, abusive, and chronic use of drugs or alcohol and has
resisted prior treatment for this problem during a three-year period
immediately prior to the filing of the petition that brought that
child to the court's attention, or has failed or refused to comply
with a program of drug or alcohol treatment described in the case
plan required by Section 358.1 on at least two prior occasions, even
though the programs identified were available and accessible.
   (14)  That the parent or guardian of the child has advised the
court that he or she is not interested in receiving family
maintenance or family reunification services or having the child
returned to or placed in his or her custody and does not wish to
receive family maintenance or reunification services.
   The parent or guardian shall be represented by counsel and shall
execute a waiver of services form to be adopted by the Judicial
Council.  The court shall advise the parent or guardian of any right
to services and of the possible consequences of a waiver of services,
including the termination of parental rights and placement of the
child for adoption.  The court shall not accept the waiver of
services unless it states on the record its finding that the parent
or guardian has knowingly and intelligently waived the right to
services.
   (15)  That the parent or guardian has on one or more occasions
willfully abducted the child or child's sibling or half-sibling from
his or her placement and refused to disclose the child's or child's
sibling or half-sibling's whereabouts, refused to return physical
custody of the child or child's sibling or half-sibling to his or her
placement, or refused to return physical custody of the child or
child's sibling or half-sibling to the social worker.
   (c) In deciding whether to order reunification in any case in
which this section applies, the court shall hold a dispositional
hearing.  The social worker shall prepare a report that discusses
whether reunification services shall be provided.  When it is
alleged, pursuant to paragraph (2) of subdivision (b), that the
parent is incapable of utilizing services due to mental disability,
the court shall order reunification services unless competent
evidence from mental health professionals establishes that, even with
the provision of services, the parent is unlikely to be capable of
adequately caring for the child within the time limits specified in
subdivision (a).
   The court shall not order reunification for a parent or guardian
described in paragraph (3), (4), (6), (7), (8), (9), (10), (11),
(12), (13), (14), or (15) of subdivision (b) unless the court finds,
by clear and convincing evidence, that reunification is in the best
interest of the child.
   In addition, the court shall not order reunification in any
situation described in paragraph (5) of subdivision (b) unless it
finds that, based on competent testimony, those services are likely
to prevent reabuse or continued neglect of the child or that failure
to try reunification will be detrimental to the child because the
child is closely and positively attached to that parent.  The social
worker shall investigate the circumstances leading to the removal of
the child and advise the court whether there are circumstances that
indicate that reunification is likely to be successful or
unsuccessful and whether failure to order reunification is likely to
be detrimental to the child.
   The failure of the parent to respond to previous services, the
fact that the child was abused while the parent was under the
influence of drugs or alcohol, a past history of violent behavior, or
testimony by a competent professional that the parent's behavior is
unlikely to be changed by services are among the factors indicating
that reunification services are unlikely to be successful.  The fact
that a parent or guardian is no longer living with an individual who
severely abused the child may be considered in deciding that
reunification services are likely to be successful, provided that the
court shall consider any pattern of behavior on the part of the
parent that has exposed the child to repeated abuse.
   (d) If reunification services are not ordered pursuant to
paragraph (1) of subdivision (b) and the whereabouts of a parent
become known within six months of the out-of-home placement of the
child, the court shall order the social worker to provide family
reunification services in accordance with this subdivision.
   (e) (1) If the parent or guardian is incarcerated or
institutionalized, the court shall order reasonable services unless
the court determines, by clear and convincing evidence, those
services would be detrimental to the child.  In determining
detriment, the court shall consider the age of the child, the degree
of parent-child bonding, the length of the sentence, the nature of
the treatment, the nature of the crime or illness, the degree of
detriment to the child if services are not offered and, for children
10 years of age or older, the child's attitude toward the
implementation of family reunification services, and any other
appropriate factors.  Reunification services are subject to the
applicable time limitations imposed in subdivision (a).  Services may
include, but shall not be limited to, all of the following:
   (A) Maintaining contact between the parent and child through
collect telephone calls.
   (B) Transportation services, where appropriate.
   (C) Visitation services, where appropriate.
   (D) Reasonable services to extended family members or foster
parents providing care for the child if the services are not
detrimental to the child.
   An incarcerated parent may be required to attend counseling,
parenting classes, or vocational training programs as part of the
service plan if these programs are available.
   (2) The presiding judge of the juvenile court of each county may
convene representatives of the county welfare department, the sheriff'
s department, and other appropriate entities for the purpose of
developing and entering into protocols for ensuring the notification,
transportation, and presence of an incarcerated or institutionalized
parent at all court hearings involving proceedings affecting the
child pursuant to Section 2625 of the Penal Code.
   (3) Notwithstanding any other provision of law, if the
incarcerated parent is a woman seeking to participate in the
community treatment program operated by the Department of Corrections
pursuant to Chapter 4.8 (commencing with Section 1174) of Title 7 of
Part 2 of, Chapter 4 (commencing with Section 3410) of Title 2 of
Part 3 of, the Penal Code, the court shall determine whether the
parent's participation in a program is in the child's best interest
and whether it is suitable to meet the needs of the parent and child.

   (f) If the court, pursuant to paragraph (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (13), (14), or (15) of subdivision
(b) or paragraph (1) of subdivision (e), does not order reunification
services, it shall, at the dispositional hearing, that shall include
a permanency hearing, determine if a hearing under Section 366.26
shall be set in order to determine whether adoption, guardianship, or
long-term foster care is the most appropriate plan for the child.
If the court so determines, it shall conduct the hearing pursuant to
Section 366.26 within 120 days after the dispositional hearing.
However, the court shall not schedule a hearing so long as the other
parent is being provided reunification services pursuant to
subdivision (a). The court may continue to permit the parent to visit
the child unless it finds that visitation would be detrimental to
the child.
   (g) Whenever a court orders that a hearing shall be held pursuant
to Section 366.26, it shall direct the agency supervising the child
and the licensed county adoption agency, or the State Department of
Social Services when it is acting as an adoption agency in counties
that are not served by a county adoption agency, to prepare an
assessment that shall include:
   (1) Current search efforts for an absent parent or parents.
   (2) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement.  Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purpose of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
   (3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship.  If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3.  As used in this paragraph, "relative" means an
adult who is related to the minor by blood, adoption, or affinity
within the fifth degree of kinship, including stepparents,
stepsiblings, and all relatives whose status is preceded by the words
"great," "great-great," or "grand," or the spouse of any of those
persons even if the marriage was terminated by death or dissolution.

   (5) The relationship of the child to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (6) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (h) In determining whether reunification services will benefit the
child pursuant to paragraph (6) or (7) of subdivision (b), the court
shall consider any information it deems relevant, including the
following factors:
   (1) The specific act or omission comprising the severe sexual
abuse or the severe physical harm inflicted on the child or the child'
s sibling or half-sibling.
   (2) The circumstances under which the abuse or harm was inflicted
on the child or the child's sibling or half-sibling.
   (3) The severity of the emotional trauma suffered by the child or
the child's sibling or half-sibling.
   (4) Any history of abuse of other children by the offending parent
or guardian.
   (5) The likelihood that the child may be safely returned to the
care of the offending parent or guardian within 12 months with no
continuing supervision.
   (6) Whether or not the child desires to be reunified with the
offending parent or guardian.
   (i) The court shall read into the record the basis for a finding
of severe sexual abuse or the infliction of severe physical harm
under paragraph (6) of subdivision (b), and shall also specify the
factual findings used to determine that the provision of
reunification services to the offending parent or guardian would not
benefit the child.
   (j) This section shall be repealed on January 1, 2006, unless a
later enacted statute extends or deletes that date.
  SEC. 11.6.  Section 361.5 of the Welfare and Institutions Code, as
added by Section 5.5 of Chapter 824 of the Statutes of 2000, is
amended to read:
   361.5.  (a) Except as provided in subdivision (b) of this section
or when the parent has voluntarily relinquished the child and the
relinquishment has been filed with the State Department of Social
Services, or upon the establishment of an order of guardianship
pursuant to Section 360, whenever a child is removed from a parent's
or guardian's custody, the juvenile court shall order the social
worker to provide child welfare services to the child and the child's
mother and statutorily presumed father or guardians.  Upon a finding
and declaration of paternity by the juvenile court or proof of a
prior declaration of paternity by any court of competent
jurisdiction, the juvenile court may order services for the child and
the biological father, if the court determines that the services
will benefit the child.  Child welfare services, when provided, shall
be provided as follows:
   (1) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was three years of
age or older, court-ordered services shall not exceed a period of 12
months from the date the child entered foster care, except as
otherwise provided in paragraph (3).
   (2) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was under the age
of three years, court-ordered services shall not exceed a period of
six months from the date the child entered foster care.
   (3) For the purpose of placing and maintaining a sibling group
together in a permanent home should reunification efforts fail, for a
child in a sibling group whose members were removed from parental
custody at the same time, and in which one member of the sibling
group was under the age of three years on the date of initial removal
from the physical custody of his or her parent or guardian,
court-ordered services to some or all of the sibling group may be
limited to a period of six months from the date the child entered
foster care.  For the purposes of this paragraph, "a sibling group"
shall mean two or more children who are related to each other as full
or half-siblings.
   Regardless of the age of the child, a child shall be deemed to
have entered foster care on the earlier of the date of the
jurisdictional hearing held pursuant to Section 356 or the date that
is 60 days after the date on which the child was initially removed
from the physical custody of his or her parent or guardian.
   Notwithstanding paragraphs (1), (2), and (3), court-ordered
services may be extended up to a maximum time period not to exceed 18
months after the date the child was originally removed from physical
custody of his or her parent or guardian if it can be shown, at the
hearing held pursuant to subdivision (f) of Section 366.21, that the
permanent plan for the child is that he or she will be returned and
safely maintained in the home within the extended time period.  The
court shall extend the time period only if it finds that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period or that reasonable services have not been provided to
the parent or guardian.  If the court extends the time period, the
court shall specify the factual basis for its conclusion that there
is a substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period.  The court also shall make findings pursuant to
subdivision (a) of Section 366 and subdivision (e) of Section 358.1.

   When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
unless the parent's or guardian's participation is deemed by the
court to be inappropriate or potentially detrimental to the child.
Physical custody of the child by the parents or guardians during the
applicable time period under paragraph (1), (2), or (3) shall not
serve to interrupt the running of the period.  If at the end of the
applicable time period, a child cannot be safely returned to the care
and custody of a parent or guardian without court supervision, but
the child clearly desires contact with the parent or guardian, the
court shall take the child's desire into account in devising a
permanency plan.
   In cases where the child was under the age of three years on the
date of the initial removal from the physical custody of his or her
parent or guardian or is a member of a sibling group as described in
paragraph (3), the court shall inform the parent or guardian that the
failure of the parent or guardian to participate regularly in any
court-ordered treatment programs or to cooperate or avail himself or
herself of services provided as part of the child welfare services
case plan may result in a termination of efforts to reunify the
family after six months.  The court shall inform the parent or
guardian of the factors used in subdivision (e) of Section 366.21 to
determine whether to limit services to six months for some or all
members of a sibling group as described in paragraph (3).
   Except in cases where, pursuant to subdivision (b), the court does
not order reunification services, the court shall inform the parent
or parents of Section 366.26 and shall specify that the parent's or
parents' parental rights may be terminated.
   (b) Reunification services need not be provided to a parent or
guardian described in this subdivision when the court finds, by clear
and convincing evidence, any of the following:
   (1) That the whereabouts of the parent or guardian is unknown.  A
finding pursuant to this paragraph shall be supported by an affidavit
or by proof that a reasonably diligent search has failed to locate
the parent or guardian.  The posting or publication of notices is not
required in that search.
   (2) That the parent or guardian is suffering from a mental
disability that is described in Chapter 2 (commencing with Section
7820) of Part 4 of Division 12 of the Family Code and that renders
him or her incapable of utilizing those services.
   (3) That the child or a sibling of the child has been previously
adjudicated a dependent pursuant to any subdivision of Section 300 as
a result of physical or sexual abuse, that following that
adjudication the child had been removed from the custody of his or
her parent or guardian pursuant to Section 361, that the child has
been returned to the custody of the parent or guardian from whom the
child had been taken originally, and that the child is being removed
pursuant to Section 361, due to additional physical or sexual abuse.

   (4) That the parent or guardian of the child has caused the death
of another child through abuse or neglect.
   (5) That the child was brought within the jurisdiction of the
court under subdivision (e) of Section 300 because of the conduct of
that parent or guardian.
   (6) That the child has been adjudicated a dependent pursuant to
any subdivision of Section 300 as a result of severe sexual abuse or
the infliction of severe physical harm to the child, a sibling, or a
half-sibling by a parent or guardian, as defined in this subdivision,
and the court makes a factual finding that it would not benefit the
child to pursue reunification services with the offending parent or
guardian.
   A finding of severe sexual abuse, for the purposes of this
subdivision, may be based on, but is not limited to, sexual
intercourse, or stimulation involving genital-genital, oral-genital,
anal-genital, or oral-anal contact, whether between the parent or
guardian and the child or a sibling or half-sibling of the child, or
between the child or a sibling or half-sibling of the child and
another person or animal with the actual or implied consent of the
parent or guardian; or the penetration or manipulation of the child'
s, sibling's, or half-sibling's genital organs or rectum by any
animate or inanimate object for the sexual gratification of the
parent or guardian, or for the sexual gratification of another person
with the actual or implied consent of the parent or guardian.
   A finding of the infliction of severe physical harm, for the
purposes of this subdivision, may be based on, but is not limited to,
deliberate and serious injury inflicted to or on a child's body or
the body of a sibling or half-sibling of the child by an act or
omission of the parent or guardian, or of another individual or
animal with the consent of the parent or guardian; deliberate and
torturous confinement of the child, sibling, or half-sibling in a
closed space; or any other torturous act or omission that would be
reasonably understood to cause serious emotional damage.
   (7) That the parent is not receiving reunification services for a
sibling or a half-sibling of the child pursuant to paragraph (3),
(5), or (6).
   (8) That the child was conceived by means of the commission of an
offense listed in Section 288 or 288.5 of the Penal Code, or by an
act committed outside of this state that, if committed in this state,
would constitute one of those offenses.  This paragraph only applies
to the parent who committed the offense or act.
   (9) That the child has been found to be a child described in
subdivision (g) of Section 300, that the parent or guardian of the
child willfully abandoned the child, and the court finds that the
abandonment itself constituted a serious danger to the child.  For
the purposes of this paragraph, "serious danger" means that without
the intervention of another person or agency, the child would have
sustained severe or permanent disability, injury, illness, or death.
For purposes of this paragraph, "willful abandonment" shall not be
construed as actions taken in good faith by the parent without the
intent of placing the child in serious danger.
   (10) That the court ordered termination of reunification services
for any siblings or half-siblings of the child because the parent or
guardian failed to reunify with the sibling or half-sibling after the
sibling or half-sibling had been removed from that parent or
guardian pursuant to Section 361 and that parent or guardian is the
same parent or guardian described in subdivision (a), and that,
according to the findings of the court, this parent or guardian has
not subsequently made a reasonable effort to treat the problems that
led to removal of the sibling or half-sibling of that child from that
parent or guardian.
   (11) That the parental rights of a parent over any sibling or
half-sibling of the child had been permanently severed, and this
parent is the same parent described in subdivision (a), and that,
according to the findings of the court, this parent has not
subsequently made a reasonable effort to treat the problems that led
to removal of the sibling or half-sibling of that child from the
parent.
   (12) That the parent or guardian of the child has been convicted
of a violent felony, as defined in subdivision (c) of Section 667.5
of the Penal Code.
   (13)  That the parent or guardian of the child has a history of
extensive, abusive, and chronic use of drugs or alcohol and has
resisted prior treatment for this problem during a three-year period
immediately prior to the filing of the petition that brought that
child to the court's attention, or has failed or refused to comply
with a program of drug or alcohol treatment described in the case
plan required by Section 358.1 on at least two prior occasions, even
though the programs identified were available and accessible.
   (14)  That the parent or guardian of the child has advised the
court that he or she is not interested in receiving family
maintenance or family reunification services or having the child
returned to or placed in his or her custody and does not wish to
receive family maintenance or reunification services.
   The parent or guardian shall be represented by counsel and shall
execute a waiver of services form to be adopted by the Judicial
Council.  The court shall advise the parent or guardian of any right
to services and of the possible consequences of a waiver of services,
including the termination of parental rights and placement of the
child for adoption.  The court shall not accept the waiver of
services unless it states on the record its finding that the parent
or guardian has knowingly and intelligently waived the right to
services.
   (15)  That the parent or guardian has on one or more occasions
willfully abducted the child or child's sibling or half-sibling from
his or her placement and refused to disclose the child's or child's
sibling or half-sibling's whereabouts, refused to return physical
custody of the child or child's sibling or half-sibling to his or her
placement, or refused to return physical custody of the child or
child's sibling or half-sibling to the social worker.
   (c) In deciding whether to order reunification in any case in
which this section applies, the court shall hold a dispositional
hearing.  The social worker shall prepare a report that discusses
whether reunification services shall be provided.  When it is
alleged, pursuant to paragraph (2) of subdivision (b), that the
parent is incapable of utilizing services due to mental disability,
the court shall order reunification services unless competent
evidence from mental health professionals establishes that, even with
the provision of services, the parent is unlikely to be capable of
adequately caring for the child within the time limits specified in
subdivision (a).
                                                          The court
shall not order reunification for a parent or guardian described in
paragraph (3), (4), (6), (7), (8), (9), (10), (11), (12), (13), (14),
or (15) of subdivision (b) unless the court finds, by clear and
convincing evidence, that reunification is in the best interest of
the child.
   In addition, the court shall not order reunification in any
situation described in paragraph (5) of subdivision (b) unless it
finds that, based on competent testimony, those services are likely
to prevent reabuse or continued neglect of the child or that failure
to try reunification will be detrimental to the child because the
child is closely and positively attached to that parent.  The social
worker shall investigate the circumstances leading to the removal of
the child and advise the court whether there are circumstances that
indicate that reunification is likely to be successful or
unsuccessful and whether failure to order reunification is likely to
be detrimental to the child.
   The failure of the parent to respond to previous services, the
fact that the child was abused while the parent was under the
influence of drugs or alcohol, a past history of violent behavior, or
testimony by a competent professional that the parent's behavior is
unlikely to be changed by services are among the factors indicating
that reunification services are unlikely to be successful.  The fact
that a parent or guardian is no longer living with an individual who
severely abused the child may be considered in deciding that
reunification services are likely to be successful, provided that the
court shall consider any pattern of behavior on the part of the
parent that has exposed the child to repeated abuse.
   (d) If reunification services are not ordered pursuant to
paragraph (1) of subdivision (b) and the whereabouts of a parent
become known within six months of the out-of-home placement of the
child, the court shall order the social worker to provide family
reunification services in accordance with this subdivision.
   (e) (1) If the parent or guardian is incarcerated or
institutionalized, the court shall order reasonable services unless
the court determines, by clear and convincing evidence, those
services would be detrimental to the child.  In determining
detriment, the court shall consider the age of the child, the degree
of parent-child bonding, the length of the sentence, the nature of
the treatment, the nature of the crime or illness, the degree of
detriment to the child if services are not offered and, for children
10 years of age or older, the child's attitude toward the
implementation of family reunification services, and any other
appropriate factors.  Reunification services are subject to the
applicable time limitations imposed in subdivision (a).  Services may
include, but shall not be limited to, all of the following:
   (A) Maintaining contact between the parent and child through
collect telephone calls.
   (B) Transportation services, where appropriate.
   (C) Visitation services, where appropriate.
   (D) Reasonable services to extended family members or foster
parents providing care for the child if the services are not
detrimental to the child.
   An incarcerated parent may be required to attend counseling,
parenting classes, or vocational training programs as part of the
service plan if these programs are available.
   (2) The presiding judge of the juvenile court of each county may
convene representatives of the county welfare department, the sheriff'
s department, and other appropriate entities for the purpose of
developing and entering into protocols for ensuring the notification,
transportation, and presence of an incarcerated or institutionalized
parent at all court hearings involving proceedings affecting the
child pursuant to Section 2625 of the Penal Code.
   (3) Notwithstanding any other provision of law, if the
incarcerated parent is a woman seeking to participate in the
community treatment program operated by the Department of Corrections
pursuant to Chapter 4.8 (commencing with Section 1174) of Title 7 of
Part 2 of, Chapter 4 (commencing with Section 3410) of Title 2 of
Part 3 of, the Penal Code, the court shall determine whether the
parent's participation in a program is in the child's best interest
and whether it is suitable to meet the needs of the parent and child.

   (f) If the court, pursuant to paragraph (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (13), (14), or (15) of subdivision
(b) or paragraph (1) of subdivision (e), does not order reunification
services, it shall, at the dispositional hearing, that shall include
a permanency hearing, determine if a hearing under Section 366.26
shall be set in order to determine whether adoption, guardianship, or
long-term foster care is the most appropriate plan for the child.
If the court so determines, it shall conduct the hearing pursuant to
Section 366.26 within 120 days after the dispositional hearing.
However, the court shall not schedule a hearing so long as the other
parent is being provided reunification services pursuant to
subdivision (a).  The court may continue to permit the parent to
visit the child unless it finds that visitation would be detrimental
to the child.
   (g) Whenever a court orders that a hearing shall be held pursuant
to Section 366.26, it shall direct the agency supervising the child
and the licensed county adoption agency, or the State Department of
Social Services when it is acting as an adoption agency in counties
that are not served by a county adoption agency, to prepare an
assessment that shall include:
   (1) Current search efforts for an absent parent or parents.
   (2) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement.  Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purpose of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
   (3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship.  If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3.  As used in this paragraph, "relative" means an
adult who is related to the minor by blood, adoption, or affinity
within the fifth degree of kinship, including stepparents,
stepsiblings, and all relatives whose status is preceded by the words
"great," "great-great," or "grand," or the spouse of any of those
persons even if the marriage was terminated by death or dissolution.

   (5) The relationship of the child to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (6) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (h) In determining whether reunification services will benefit the
child pursuant to paragraph (6) or (7) of subdivision (b), the court
shall consider any information it deems relevant, including the
following factors:
   (1) The specific act or omission comprising the severe sexual
abuse or the severe physical harm inflicted on the child or the child'
s sibling or half-sibling.
   (2) The circumstances under which the abuse or harm was inflicted
on the child or the child's sibling or half-sibling.
   (3) The severity of the emotional trauma suffered by the child or
the child's sibling or half-sibling.
   (4) Any history of abuse of other children by the offending parent
or guardian.
   (5) The likelihood that the child may be safely returned to the
care of the offending parent or guardian within 12 months with no
continuing supervision.
   (6) Whether or not the child desires to be reunified with the
offending parent or guardian.
   (i) The court shall read into the record the basis for a finding
of severe sexual abuse or the infliction of severe physical harm
under paragraph (6) of subdivision (b), and shall also specify the
factual findings used to determine that the provision of
reunification services to the offending parent or guardian would not
benefit the child.
   (j) This section shall become operative on January 1, 2006, unless
a later enacted statute extends or deletes that date.
  SEC. 12.  Section 362.7 is added to the Welfare and Institutions
Code, to read:
   362.7.  When the home of a nonrelative extended family member is
being considered for placement of a child, the home shall be
evaluated, and approval of that home shall be granted or denied,
pursuant to the same standards set forth in the regulations for the
licensing of foster family homes which prescribe standards of safety
and sanitation for the physical plant and standards for basic
personal care, supervision, and services provided by the caregiver.
   A "nonrelative extended family member" is defined as any adult
caregiver who has an established familial or mentoring relationship
with the child.  The county welfare department shall verify the
existence of a relationship through interviews with the parent and
child or with one or more third parties.  The parties may include
relatives of the child, teachers, medical professionals, clergy,
neighbors, and family friends.
  SEC. 12.3.  Section 366 of the Welfare and Institutions Code is
amended to read:
   366.  (a) (1) The status of every dependent child in foster care
shall be reviewed periodically as determined by the court but no less
frequently than once every six months, as calculated from the date
of the original dispositional hearing, until the hearing described in
Section 366.26 is completed.  The court shall consider the safety of
the child and shall determine all of the following:
   (A) The continuing necessity for and appropriateness of the
placement.
   (B) The extent of the agency's compliance with the case plan in
making reasonable efforts to return the child to a safe home and to
complete any steps necessary to finalize the permanent placement of
the child.
   (C) Whether the child has other siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (i) The nature of the relationship between the child and his or
her siblings.
   (ii) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (iii) If the siblings are not placed together in the same home,
why the siblings are not placed together and what efforts are being
made to place the siblings together, or why those efforts are not
appropriate.
   (iv) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (v) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   (vi) The continuing need to suspend sibling interaction, if
applicable, pursuant to subdivision (c) of Section 16002.
   The factors the court may consider in making a determination
regarding the nature of the child's sibling relationships may
include, but are not limited to, whether the siblings were raised
together in the same home, whether the siblings have shared
significant common experiences or have existing close and strong
bonds, whether either sibling expresses a desire to visit or live
with his or her sibling, as applicable, and whether ongoing contact
is in the child's best emotional interests.
   (D) The extent of progress which has been made toward alleviating
or mitigating the causes necessitating placement in foster care.
   (2) The court shall project a likely date by which the child may
be returned to and safely maintained in the home or placed for
adoption, legal guardianship, or in another planned permanent living
arrangement.
   (b) Subsequent to the hearing, periodic reviews of each child in
foster care shall be conducted pursuant to the requirements of
Sections 366.3 and 16503.
   (c) If the child has been placed out of state, each review
described in subdivision (a) and any reviews conducted pursuant to
Sections 366.3 and 16503 shall also address whether the out-of-state
placement continues to be the most appropriate placement selection
and in the best interests of the child.
   (d) A child shall not be placed in an out-of-state group home, or
remain in an out-of-state group home, unless the group home is in
compliance with Section 7911.1 of the Family Code.
  SEC. 12.6.  Section 366.1 of the Welfare and Institutions Code is
amended to read:
   366.1.  Each supplemental report required to be filed pursuant to
Section 366 shall include, but not be limited to, a factual
discussion of each of the following subjects:
   (a) Whether the county welfare department social worker has
considered child protective services, as defined in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9, as a
possible solution to the problems at hand, and has offered those
services to qualified parents if appropriate under the circumstances.

   (b) What plan, if any, for the return and maintenance of the child
in a safe home is recommended to the court by the county welfare
department social worker.
   (c) Whether the subject child appears to be a person who is
eligible to be considered for further court action to free the child
from parental custody and control.
   (d) What actions, if any, have been taken by the parent to correct
the problems that caused the child to be made a dependent child of
the court.
   (e) Whether the child has any siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (1) The nature of the relationship between the child and his or
her siblings.
   (2) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (3) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
   (4) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (5) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   The factual discussion shall include a discussion of indicators of
the nature of the child's sibling relationships including, but not
limited to, whether the siblings were raised together in the same
home, whether the siblings have shared significant common experiences
or have existing close and strong bonds, whether either sibling
expresses a desire to visit or live with his or her sibling, as
applicable, and whether ongoing contact is in the child's best
emotional interests.
  SEC. 13.  Section 727 of the Welfare and Institutions Code is
amended to read:
   727.  (a) When a minor is adjudged a ward of the court on the
ground that he or she is a person described by Section 601 or 602 the
court may make any and all reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the minor,
including medical treatment, subject to further order of the court.
To facilitate coordination and cooperation among government
agencies, the court may, after giving notice and an opportunity to be
heard, join in the juvenile court proceedings any agency that the
court determines has failed to meet a legal obligation to provide
services to the minor.  However, no governmental agency shall be
joined as a party in a juvenile court proceeding in which a minor has
been ordered committed to the Department of the Youth Authority.  In
any proceeding in which an agency is joined, the court shall not
impose duties upon the agency beyond those mandated by law.  Nothing
in this section shall prohibit agencies which have received notice of
the hearing on joinder from meeting prior to the hearing to
coordinate services for the minor.
   The court has no authority to order services unless it has been
determined through the administrative process of an agency that has
been joined as a party, that the minor is eligible for those
services.  With respect to mental health assessment, treatment, and
case management services pursuant to Chapter 26.5 (commencing with
Section 7570) of Division 7 of Title 1 of the Government Code, the
court's determination shall be limited to whether the agency has
complied with that chapter.
   In the discretion of the court, a ward may be ordered to be on
probation without supervision of the probation officer.  The court,
in so ordering, may impose on the ward any and all reasonable
conditions of behavior as may be appropriate under this disposition.
A minor who has been adjudged a ward of the court on the basis of
the commission of any of the offenses described in subdivision (b) or
paragraph (2) of subdivision (d) of Section 707, Section 459 of the
Penal Code, or subdivision (a) of Section 11350 of the Health and
Safety Code, shall not be eligible for probation without supervision
of the probation officer.  A minor who has been adjudged a ward of
the court on the basis of the commission of any offense involving the
sale or possession for sale of a controlled substance, except
misdemeanor offenses involving marijuana, as specified in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and
Safety Code, or of an offense in violation of Section 12220 of the
Penal Code, shall be eligible for probation without supervision of
the probation officer only when the court determines that the
interests of justice would best be served and states reasons on the
record for that determination.
   In all other cases, the court shall order the care, custody, and
control of the minor to be under the supervision of the probation
officer who may place the minor in any of the following:
   (1) The approved home of a relative, or the approved home of a
nonrelative, extended family member as defined in Section 362.7.
When a decision has been made to place the minor in the home of a
relative, the court may authorize the relative to give legal consent
for the minor's medical, surgical, and dental care and education as
if the relative caretaker were the custodial parent of the minor.
   (2) A suitable licensed community care facility.
   (3) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
   (b) When a minor has been adjudged a ward of the court on the
ground that he or she is a person described in Section 601 or 602 and
the court finds that notice has been given in accordance with
Section 661, and when the court orders that a parent or guardian
shall retain custody of that minor either subject to or without the
supervision of the probation officer, the parent or guardian may be
required to participate with that minor in a counseling or education
program including, but not limited to, parent education and parenting
programs operated by community colleges, school districts, or other
appropriate agencies designated by the court.
   (c) The juvenile court may direct any and all reasonable orders to
the parents and guardians of the minor who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out subdivisions (a) and (b), including orders to
appear before a county financial evaluation officer and orders
directing the parents or guardians to ensure the minor's regular
school attendance and to make reasonable efforts to obtain
appropriate educational services necessary to meet the needs of the
minor.
   When counseling or other treatment services are ordered for the
minor, the parent, guardian, or foster parent shall be ordered to
participate in those services, unless participation by the parent,
guardian, or foster parent is deemed by the court to be inappropriate
or potentially detrimental to the child.
  SEC. 14.  Section 11400 of the Welfare and Institutions Code is
amended to read:
   11400.  For the purposes of this article, the following
definitions shall apply:
   (a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)"
means the aid provided on behalf of needy children in foster care
under the terms of this division.
   (b) "Case plan" means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet the
child's needs.  It shall also include the agency's plan for ensuring
that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child's family, and the foster parents, in
order to meet the child's needs while in foster care, and to reunify
the child with the child's family.  In addition, the plan shall
specify the services that will be provided or steps that will be
taken to facilitate an alternate permanent plan if reunification is
not possible.
   (c) "Certified family home" means a family residence certified by
a licensed foster family agency and issued a certificate of approval
by that agency as meeting licensing standards, and used only by that
foster family agency for placements.
   (d) "Family home" means the family residency of a licensee in
which 24-hour care and supervision are provided for children.
   (e) "Small family home" means any residential facility, in the
licensee's family residence, which provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities.
   (f) "Foster care" means the 24-hour out-of-home care provided to
children whose own families are unable or unwilling to care for them,
and who are in need of temporary or long-term substitute parenting.

   (g) "Foster family agency" means any individual or organization
engaged in the recruiting, certifying, and training of, and providing
professional support to, foster parents, or in finding homes or
other places for placement of children for temporary or permanent
care who require that level of care as an alternative to a group
home.  Private foster family agencies shall be organized and operated
on a nonprofit basis.
   (h) "Group home" means a nondetention privately operated
residential home, organized and operated on a nonprofit basis only,
of any capacity, that provides services in a group setting to
children in need of care and supervision, as required by paragraph
(1) of subdivision (a) of Section 1502 of the Health and Safety Code.

   (i) "Periodic review" means review of a child's status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child's return home
or establishment of alternative permanent placement.
   (j) "Permanency planning hearing" means a hearing conducted by the
juvenile court in which the child's future status, including whether
the child shall be returned home or another permanent plan shall be
developed, is determined.
   (k) "Placement and care" refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken
responsibility, pursuant to a relinquishment or termination of
parental rights on a child, (3) taken the responsibility of
supervising a child detained by the juvenile court pursuant to
Section 319 or 636, or (4) signed a voluntary placement agreement for
the child's placement; or to the responsibility designated to an
individual by virtue of his or her being appointed the child's legal
guardian.
   (l) "Preplacement preventive services" means services which are
designed to help children remain with their families by preventing or
eliminating the need for removal.
   (m) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand" or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.
   (n) "Nonrelative extended family member" means an adult caregiver
who has an established familial or mentoring relationship with the
child, as described in Section 362.7.
   (o) "Voluntary placement" means an out-of-home placement of a
child by (1) the county welfare department after the parents or
guardians have requested the assistance of the county welfare
department and have signed a voluntary placement agreement; or (2)
the county welfare department licensed public or private adoption
agency, or the department acting as an adoption agency, after the
parents have requested the assistance of either the county welfare
department, the licensed public or private adoption agency, or the
department acting as an adoption agency for the purpose of adoption
planning, and have signed a voluntary placement agreement.
   (p) "Voluntary placement agreement" means a written agreement
between either the county welfare department, a licensed public or
private adoption agency, or the department acting as an adoption
agency, and the parents or guardians of a child that specifies, at a
minimum, the following:
   (1) The legal status of the child.
   (2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.
   (q) "Original placement date" means the most recent date on which
the court detained a child and ordered an agency to be responsible
                                                 for supervising the
child or the date on which an agency assumed responsibility for a
child due to termination of parental rights, relinquishment, or
voluntary placement.
   (r) "Transitional housing placement facility" means either of the
following:
   (1) A community care facility licensed by the State Department of
Social Services pursuant to Section 1559.110 of the Health and Safety
Code to provide transitional housing opportunities to persons at
least 16 years old, and not more than 18 years old unless they
satisfy the requirements of Section 11403, who are in out-of-home
placement under the supervision of the county department of social
services or the county probation department, and who are
participating in an independent living program.
   (2) A facility certified to provide transitional housing services
pursuant to subdivision (e) of Section 1559.110 of the Health and
Safety Code.
   (s) "Transitional housing placement program" means a program that
provides supervised housing opportunities to eligible youth pursuant
to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4.

  SEC. 15.  Section 11401 of the Welfare and Institutions Code is
amended to read:
   11401.  Aid in the form of AFDC-FC shall be provided under this
chapter on behalf of any child under the age of 18 years, except as
provided in Section 11403, who meets the conditions of subdivision
(a), (b), (c), (d), (e), or (f):
   (a) The child has been relinquished, for purposes of adoption, to
a licensed adoption agency, or the department, or the parental rights
of either or both of his or her parents have been terminated after
an action under the Family Code has been brought by a licensed
adoption agency or the department, provided that the licensed
adoption agency or the department, if responsible for placement and
care, provides to those children all services as required by the
department to children in foster care.
   (b) The child has been removed from the physical custody of his or
her parent, relative, or guardian as a result of a voluntary
placement agreement or a judicial determination that continuance in
the home would be contrary to the child's welfare and that, if the
child was placed in foster care, reasonable efforts were made,
consistent with Chapter 5 (commencing with Section 16500) of Part 4,
to prevent or eliminate the need for removal of the child from his or
her home and to make it possible for the child to return to his or
her home, and any of the following applies:
   (1) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
   (2) The child has been adjudged a ward of the court on the grounds
that he or she is a person described by Sections 601 and 602.
   (3) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
   (c) The child has been voluntarily placed by his or her parent or
guardian pursuant to Section 11401.1.
   (d) The child is living in the home of a nonrelated legal
guardian.
   (e) The child has been placed in foster care under the federal
Indian Child Welfare Act.  Sections 11402, 11404, and 11405 shall not
be construed as limiting payments to Indian children, as defined in
the federal Indian Child Welfare Act, placed in accordance with that
act.
   (f) To be eligible for federal financial participation, all of the
following conditions shall exist:
   (1) The child meets the conditions of subdivision (b).
   (2) The child has been deprived of parental support or care for
any of the reasons set forth in Section 11250.
   (3) The child has been removed from the home of a relative as
defined in Section 233.90(c)(1) of Title 45 of the Code of Federal
Regulations, as amended.
   (4) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
  SEC. 16.  Section 11402 of the Welfare and Institutions Code is
amended to read:
   11402.  In order to be eligible for AFDC-FC, a child shall be
placed in one of the following:
   (a) The approved home of a relative, provided the child is
otherwise  eligible for federal financial participation in the
AFDC-FC payment.
   (b) (1) The licensed family home of a nonrelative.
   (2) The approved home of a nonrelative extended family member as
described in Section 362.7.
   (c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
   (d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
   (e) An exclusive-use home.
   (f) A licensed transitional housing placement facility as
described in Health and Safety Code Section 1559.110 and as defined
in Section 11400.
   (g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
  SEC. 17.  Section 11461 of the Welfare and Institutions Code is
amended to read:
   11461.  (a) For children placed in a licensed or approved family
home with a capacity of six or less, or in an approved home of a
relative or nonrelated legal guardian, or the approved home of a
nonrelative extended family member as described in Section 362.7, the
per child per month rates in the following schedule shall be in
effect for the period July 1, 1989, through December 31, 1989:


          Age                            Basic rate
          0-4 .........................    $ 294
          5-8 .........................      319
          9-11 ........................      340
         12-14 ........................      378
         15-20 ........................      412

   (b) (1) Any county that, as of October 1, 1989, has in effect a
basic rate that is at the levels set forth in the schedule in
subdivision (a), shall continue to receive state participation, as
specified in subdivision (c) of Section 15200, at these levels.
   (2) Any county that, as of October 1, 1989, has in effect a basic
rate that exceeds a level set forth in the schedule in subdivision
(a), shall continue to receive the same level of state participation
as it received on October 1, 1989.
   (c) The amounts in the schedule of basic rates in subdivision (a)
shall be adjusted as follows:
   (1) Effective January 1, 1990, the amounts in the schedule of
basic rates in subdivision (a) shall be increased by 12 percent.
   (2) Effective May 1, 1990, any county that did not increase the
basic rate by 12 percent on January 1, 1990, shall do both of the
following:
   (A) Increase the basic rate in effect December 31, 1989, for which
state participation is received by 12 percent.
   (B) Increase the basic rate, as adjusted pursuant to subparagraph
(A) by an additional 5 percent.
   (3) (A) Except as provided in subparagraph (B), effective July 1,
1990, for the 1990-91 fiscal year, the amounts in the schedule of
basic rates in subdivision (a) shall be increased by an additional 5
percent.
   (B) The rate increase required by subparagraph (A) shall not be
applied to rates increased May 1, 1990, pursuant to paragraph (2).
   (4) Effective July 1, 1998, the amounts in the schedule of basic
rates in subdivision (a) shall be increased by 6 percent.
Notwithstanding any other provision of law, the 6-percent increase
provided for in this paragraph shall, retroactive to July 1, 1998,
apply to every county, including any county to which paragraph (2) of
subdivision (b) applies, and shall apply to foster care for every
age group.
   (5) Notwithstanding any other provision of law, any increase that
takes effect after July 1, 1998, shall apply to every county,
including any county to which paragraph (2) of subdivision (b)
applies, and shall apply to foster care for every age group.
   (6) The increase in the basic foster family home rate shall apply
only to children placed in a licensed foster family home receiving
the basic rate or in an approved home of a relative or nonrelative
extended family member, as described in Section 362.7 or nonrelated
legal guardian receiving the basic rate.  The increased rate shall
not be used to compute the monthly amount that may be paid to
licensed foster family agencies for the placement of children in
certified foster homes.
   (d) (1) (A) Beginning with the 1991-92 fiscal year, the schedule
of basic rates in subdivision (a) shall be adjusted by the percentage
changes in the California Necessities Index, computed pursuant to
the methodology described in Section 11453, subject to the
availability of funds.
   (B) In addition to the adjustment in subparagraph (A) effective
January 1, 2000, the schedule of basic rates in subdivision (a) shall
be increased by 2.36 percent rounded to the nearest dollar.
   (2) (A) Any county that, as of the 1991-92 fiscal year, receives
state participation for a basic rate that exceeds the amount set
forth in the schedule of basic rates in subdivision (a) shall receive
an increase each year in state participation for that basic rate of
one-half of the percentage adjustments specified in paragraph (1)
until the difference between the county's adjusted state
participation level for its basic rate and the adjusted schedule of
basic rates is eliminated.
   (B) Notwithstanding subparagraph (A), all counties for the
1999-2000 fiscal year shall receive an increase in state
participation for the basic rate of the entire percentage adjustment
described in paragraph (1).
   (3) If a county has, after receiving the adjustments specified in
paragraph (2), a state participation level for a basic rate that is
below the amount set forth in the adjusted schedule of basic rates
for that fiscal year, the state participation level for that rate
shall be further increased to the amount specified in the adjusted
schedule of basic rates.
   (e) (1) As used in this section, "specialized care increment"
means an approved amount paid with state participation on behalf of
an AFDC-FC child requiring specialized care to a home listed in
subdivision (a) in addition to the basic rate.  On the effective date
of this section, the department shall continue and maintain the
current ratesetting system for specialized care.
   (2) Any county that, as of the effective date of this section, has
in effect specialized care increments that have been approved by the
department, shall continue to receive state participation for those
payments.
   (3) Any county that, as of the effective date of this section, has
in effect specialized care increments that exceed the amounts that
have been approved by the department, shall continue to receive the
same level of state participation as it received on the effective
date of this section.
   (4) (A) Except for subparagraph (B), beginning January 1, 1990,
specialized care increments shall be adjusted in accordance with the
methodology for the schedule of basic rates described in subdivision
(c) and (d).  No county shall receive state participation for any
increases in a specialized care increment which exceeds the
adjustments made in accordance with this methodology.
   (B) Notwithstanding subdivision (e) of Section 11460, for the
1993-94 fiscal year, an amount equal to 5 percent of the State
Treasury appropriation for family homes shall be added to the total
augmentation for the AFDC-FC program in order to provide incentives
and assistance to counties in the area of specialized care.  This
appropriation shall be used, but not limited to, encouraging counties
to implement or expand specialized care payment systems, to recruit
and train foster parents for the placement of children with
specialized care needs, and to develop county systems to encourage
the placement of children in family homes.  It is the intent of the
Legislature that in the use of these funds, federal financial
participation shall be claimed whenever possible.
   (f) (1) As used in this section, "clothing allowance" means the
amount paid with state participation in addition to the basic rate
for the provision of additional clothing for an AFDC-FC child,
including, but not limited to, an initial supply of clothing and
school or other uniforms.
   (2) Any county that, as of the effective date of this section, has
in effect clothing allowances, shall continue to receive the same
level as it received on the effective date of this section.
   (3) Beginning January 1, 1990, except as provided in paragraph
(4), clothing allowances shall be adjusted annually in accordance
with the methodology for the schedule of basic rates described in
subdivision (c) and (d).  No county shall be reimbursed for any
increases in clothing allowances which exceed the adjustments made in
accordance with this methodology.
   (4) For the 2000-01 fiscal year and each fiscal year thereafter,
without a county share of cost, notwithstanding subdivision (c) of
Section 15200, each child shall be entitled to receive a supplemental
clothing allowance of one hundred dollars ($100) per year subject to
the availability of funds.  The clothing allowance shall be used to
supplement, and not supplant, the clothing allowance specified in
paragraph (1).
  SEC. 18.  Section 16504.5 of the Welfare and Institutions Code is
amended to read:
   16504.5.  (a) Notwithstanding any other provision of law, pursuant
to subdivision (b) of Section 11105 of the Penal Code, a child
welfare agency may secure from an appropriate governmental agency the
state summary criminal history information, as defined in
subdivision (a) of Section 11105 of the Penal Code, through the
California Law Enforcement Telecommunications System for the
following purposes:
   (1) To conduct an investigation pursuant to Section 11166.3 of the
Penal Code or an investigation involving a child in which the child
is alleged to come within the jurisdiction of the juvenile court
under Section 300.
   (2) To assess the appropriateness and safety of placing a child
who has been detained or is a dependent of the court, in the approved
home of a relative pursuant to Section 309 or 361.4, or the approved
home of a nonrelative extended family member as described in Section
362.7.
   (3) To attempt to locate a parent or guardian pursuant to Section
311 of a child who is the subject of dependency court proceedings.
   (b) Any time that a child welfare agency initiates a criminal
background check through the California Law Enforcement
Telecommunications System, the agency shall ensure that a fingerprint
check is initiated within five judicial days of the check, unless
the whereabouts of the subject of the check are unknown or the
subject of the check refuses to submit to the fingerprint check.  The
Department of Justice shall provide the requesting agency a copy of
all criminal history information regarding an individual that it
maintains pursuant to subdivision (b) of Section 11105 of the Penal
Code.
   (c) Law enforcement personnel shall cooperate with requests for
criminal history information authorized pursuant to this section and
shall provide the information to the requesting entity in a timely
manner.
   (d) Any law enforcement officer or person authorized by this
section to receive the information who obtains the information in the
record and knowingly provides the information to a person not
authorized by law to receive the information is guilty of a
misdemeanor as specified in Section 11142 of the Penal Code.
   (e) Information obtained pursuant to this section shall not be
used for any purposes other than those described in subdivision (a).

   (f) Nothing in this section shall preclude a relative or other
person living in a relative's home from refuting any of the
information obtained by law enforcement if the individual believes
the criminal records check revealed erroneous information.
  SEC. 19.  Section 16507.5 of the Welfare and Institutions Code is
amended to read:
   16507.5.  (a) When a minor is separated or is in the process of
being separated from the minor's family under the provisions of a
voluntary placement agreement, the county welfare department or a
licensed private or public adoption agency social worker shall make
any and all reasonable and necessary provisions for the care,
supervision, custody, conduct, maintenance, and support of the minor,
including medical treatment.
   Responsibility for placement and care of the minor shall be with
the social worker who may place the minor in any of the following:
   (1) The approved home of a relative or the approved home of a
nonrelative extended family member as described in Section 362.7.
   (2) A suitable licensed community care facility.
   (3) With a foster family agency to be placed in a suitable
licensed home or other family home which has been certified by the
agency as meeting licensing standards.
   (4) A home or facility in accordance with the federal Indian Child
Welfare Act.
   (b) The granting of a community care license or approval status
does not entitle the caregiver to the placement of a specific child
or children.  Placement is based on the child's needs and best
interests.
  SEC. 20.  Section 16518 of the Welfare and Institutions Code is
amended to read:
   16518.  The State Department of Social Services, in consultation
with county placement agencies, foster care providers, and other
interested community parties, shall establish criteria to be used for
conducting a comprehensive home study of a licensed or foster parent
that evaluates the ability, readiness, and willingness of the
licensed foster parent to meet the varying needs of children,
including, but not limited to, hard-to-place children.  The
department shall consult with the Task Force on Accreditation of
Services for Children established pursuant to Section 1565 of the
Health and Safety Code, and shall, as appropriate, consider the
accreditation standards that are included in the accreditation plan
when developing the home study criteria.  The home study criteria
developed pursuant to this section shall become operative at such
time as the regulations adopted pursuant to Section 1521.6 of the
Health and Safety Code are filed with the Secretary of State.
  SEC. 21.  Notwithstanding the provisions of the Administrative
Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, on and before June
30, 2002, the State Department of Social Services may implement the
applicable provisions of this act through all county letters or
similar instructions from the director.
   The director shall adopt regulations, as otherwise necessary, to
implement the applicable provisions of this act no later than July 1,
2002.  Emergency regulations to implement the applicable provisions
of this act may be adopted by the director in accordance with the
Administrative Procedures Act.
  SEC. 22.  Notwithstanding Section 17610 of the Government Code, 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.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 23.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
   In order to clarify in statute that the state is in compliance
with the federal Adoptions and Safe Families Act of 1997 and entitled
to continue claiming foster care administrative and maintenance
payments under Title IV-E of the Social Security Act for relatives
and nonrelative extended family member placements, it is necessary
that this act take effect immediately.