BILL NUMBER: AB 490	CHAPTERED
	BILL TEXT

	CHAPTER  862
	FILED WITH SECRETARY OF STATE  OCTOBER 12, 2003
	APPROVED BY GOVERNOR  OCTOBER 12, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2003
	PASSED THE SENATE  SEPTEMBER 10, 2003
	AMENDED IN SENATE  SEPTEMBER 8, 2003
	AMENDED IN SENATE  AUGUST 19, 2003
	AMENDED IN SENATE  JULY 23, 2003
	AMENDED IN ASSEMBLY  JUNE 2, 2003
	AMENDED IN ASSEMBLY  APRIL 10, 2003

INTRODUCED BY   Assembly Member Steinberg
   (Coauthors:  Assembly Members Calderon, Cohn, Diaz, Frommer,
Jackson, Koretz, Laird, Lieber, Maldonado, Maze, Mullin, Negrete
McLeod, and Vargas)
   (Coauthors:  Senators Alpert, Bowen, Kuehl, Perata, Romero, Scott,
Soto, and Vasconcellos)

                        FEBRUARY 14, 2003

   An act to amend Sections 48645.5, 48850, 48859, 49061, 49069.5,
49076, and 56055 of, and to add Sections 48853 and 48853.5 to, the
Education Code, and to amend Sections 361, 366.27, 726, 727.2, 4570,
16000, and 16501.1 of the Welfare and Institutions Code, relating to
minors.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 490, Steinberg.  Education:  foster children.
   (1) Existing law requires a school district to accept for credit
any coursework satisfactorily completed by a pupil while in juvenile
court school or in any county or state-operated institution.
   This bill would instead require a school district and county
office of education to accept for credit full or partial coursework
satisfactorily completed by a pupil while attending a public school,
juvenile court school, or nonpublic, nonsectarian school or agency,
thus imposing a state-mandated local program.
   (2) Existing law requires every county office of education to make
available to agencies that place children in licensed children's
institutions information on educational options for children residing
in licensed children's institutions within its jurisdiction.
Existing law requires every agency that places a child in a licensed
children's institution to notify the local educational agency at the
time a pupil is placed and requires a local educational agency to
invite at least one noneducational agency representative that has
placement responsibility for a pupil residing in a licensed children'
s institution to collaborate with the local educational agency in the
monitoring of a placement in a nonpublic, nonsectarian school or
agency.
   This bill would declare the Legislature's intent to ensure that
pupils in foster care and those who are homeless, as defined by
specified federal law, have a meaningful opportunity to meet the
academic achievement standards to which all pupils are held, are
placed in the least restrictive educational programs, and have access
to the academic resources, services, and extracurricular and
enrichment activities as all other pupils.
   This bill would require pupils placed in licensed children's
institutions or foster family homes to attend programs operated by
the local educational agency, under specified circumstances, thus
imposing a state-mandated local program.  The bill would require the
parent, guardian, or person holding the right to make educational
decisions for the pupil to first consider placement of the pupil in
the regular public school before any decision to place the pupil in a
juvenile court school.
   This bill would require each local educational agency to designate
a staff person as the educational liaison for foster children who
are a ward or dependent child of the court, to ensure and facilitate
the proper educational placement, enrollment in school, and transfer
between schools of foster children and to assist foster children when
transferring schools or school districts, and would impose various
related responsibilities on the person holding the right regarding
educational placement of the child.  The bill would require all
educational and school placement decisions to meet specified
criteria.  The bill would require the local educational agency
serving a foster child, at the initial detention or placement, or any
subsequent change in placement of the foster child, to allow the
foster child to continue his or her education in the school the
foster child is currently attending for the duration of the school
year, except as provided.  By imposing these additional duties
involving foster children upon local educational agencies, this bill
would impose a state-mandated local program.
   (3) Existing law requires a local educational agency with which a
pupil in foster care has been most recently enrolled that has been
informed of the next educational placement of the pupil to cooperate
with the county social service or probation department to, upon
request, ensure that the educational and other background record of
the pupil, is transferred to the receiving local educational agency
and the foster children services program in a timely manner.
   This bill would delete those provisions and, instead, would
provide that the timely transfer between schools of pupils in foster
care is the responsibility of both the local educational agency and
the county placing agency, as defined.  The bill would require the
county placing agency, as soon as it becomes aware of the need to
transfer the pupil between schools, to contact the appropriate person
at the pupil's local educational agency regarding the transfer.  The
bill would require the local educational agency, upon receiving the
transfer request, to, within 2 business days, transfer the pupil and
deliver the pupil's educational information and records to the next
educational placement.  By imposing a higher level of service on
these local agencies, the bill would impose a state-mandated local
program.
   (4) Existing law prohibits a school district from permitting
access to pupil records to any person without parental consent or
without a judicial order, except under certain circumstances,
including, among others, access by a probation officer or district
attorney for the purposes of conducting a criminal investigation, or
an investigation regarding the declaration of a person to be a ward
of the court, or involving a violation of a condition of probation.
   This bill would also authorize a school district to permit access
to any county placing agency for the purpose of fulfilling the
requirements of a certain health and education summary or fulfilling
educational case management responsibilities required by the juvenile
court or by law and to assist with the school transfer or placement
of a pupil.
   (5) Existing law permits a foster parent to represent the foster
child for the duration of the foster parent-foster child relationship
in matters relating to public education of the foster child.
   This bill would limit the representation to situations in which
the foster child is placed in a planned permanent living arrangement
and in which the juvenile court has limited the right of the parent
or guardian to make educational decisions.  The bill would require
specified criteria to be met in selecting the most appropriate home.

   (6) Existing law requires area boards on developmental
disabilities to, with the consent of the consumer and, when
appropriate, a family member, conduct life quality assessments, as
provided, with consumers living in out-of-home placements, supported
living arrangements, or independent living arrangements.  Existing
law requires the area board to develop a report of its findings
following each life quality assessment and to provide a copy of the
report to the consumer, when appropriate, family members, and the
regional center providing case management services to the consumer.
   This bill would authorize a life quality assessment to be
conducted with the consent of the juvenile court or social services
agency if the consumer is a dependent of the juvenile court and would
require the area board to provide a copy of the life quality
assessment of that consumer, upon request, to the court or social
services agency, thus imposing a state-mandated local program.
   (7) This bill would further declare the intent of the Legislature
to ensure that a pupil in foster care or who is homeless, as defined
by specified federal law, has the opportunity to meet the academic
achievement standards to which all pupils are held, is placed in the
least restrictive educational programs, and has access to the
academic resources, services, and extracurricular and enrichment
activities as all other pupils.
   (8) The bill would also update cross-references and make
conforming and other technical changes.
   (9) The bill would incorporate further changes to Section 16501.1
of the Government Code proposed by AB 408, AB 1151, and SB 591,
contingent upon their prior enactment.
  (10) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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


  SECTION 1.  Section 48645.5 of the Education Code is amended to
read:
   48645.5.  Each public school district and county office of
education shall accept for credit full or partial coursework
satisfactorily completed by a pupil while attending a public school,
juvenile court school, or nonpublic, nonsectarian school or agency.
The coursework shall be transferred by means of the standard state
transcript.  If a pupil completes the graduation requirements of his
or her school district of residence while being detained, the school
district of residence shall issue to the pupil a diploma from the
school the pupil last attended before detention or in the
alternative, the county superintendent of schools may issue the
diploma.
  SEC. 2.  Section 48850 of the Education Code is amended to read:
   48850.  (a) It is the intent of the Legislature to ensure that all
pupils in foster care and those who are homeless as defined by the
federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301
et seq.) have a meaningful opportunity to meet the challenging state
pupil academic achievement standards to which all pupils are held.
In fulfilling their responsibilities to these pupils, educators,
county placing agencies, care providers, advocates, and the juvenile
courts shall work together to maintain stable school placements and
to ensure that each pupil is placed in the least restrictive
educational programs, and has access to the academic resources,
services, and extracurricular and enrichment activities that are
available to all pupils.  In all instances, educational and school
placement decisions must be based on the best interests of the child.

   (b) Every county office of education shall make available to
agencies that place children in licensed children's institutions
information on educational options for children residing in licensed
children's institutions within the jurisdiction of the county office
of education for use by the placing agencies in assisting parents and
foster children to choose educational placements.
   (c) For purposes of individuals with exceptional needs residing in
licensed children's institutions, making a copy of the annual
service plan, prepared pursuant to subdivision (b) of Section 56205,
available to those special education local plan areas that have
revised their local plans pursuant to Section 56836.03 shall meet the
requirements of subdivision (b).
  SEC. 3.  Section 48853 is added to the Education Code, to read:
   48853.  (a) A pupil placed in a licensed children's institution or
foster family home shall attend programs operated by the local
educational agency, unless one of the following applies:
   (1) The pupil has an individualized education program requiring
placement in a nonpublic, nonsectarian school or agency, or in
another local educational agency.
   (2) The parent or guardian, or other person holding the right to
make educational decisions for the pupil pursuant to Section 361 or
727 of the Welfare and Institutions Code or Section 56055, determines
that it is in the best interest of the pupil to be placed in another
educational program, or that the pupil continue in his or her school
of origin pursuant to paragraph (1) of subdivision (d) of Section
48853.5.
   (b) Before any decision is made to place a pupil in a juvenile
court school as defined by Section 48645.1, the parent or guardian,
or person holding the right to make educational decisions for the
pupil pursuant to Section 361 or 726 of the Welfare and Institutions
Code or Section 56055, shall first consider placement  in the regular
public school.
   (c) If any dispute arises as to the school placement of a pupil
subject to this section, the pupil has the right to remain in his or
her school of origin, as defined in subdivision (e) of Section
48853.5, pending resolution of the dispute.
   (d) This section does not supersede other laws that govern pupil
expulsion.
   (e) This section does not supersede any other law governing the
educational placement in a juvenile court school, as defined by
Section 48645.1, of a pupil detained in a county juvenile hall, or
committed to a county juvenile ranch, camp, forestry camp, or
regional facility.
   (f) Foster children living in emergency shelters, as referenced in
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11431 et
seq.), may receive educational services at the emergency shelter as
necessary for short periods of time for either of the following
reasons:
   (1) For health and safety emergencies.
   (2) To provide temporary, special, and supplementary services to
meet the child's unique needs if a decision regarding whether it is
in the child's best interest to attend the school of origin cannot be
made promptly, it is not practical to transport the child to the
school of origin, and the child would otherwise not receive
educational services.
   The educational services may be provided at the shelter pending a
determination by the person holding the right regarding the
educational placement of the child.
   (g) All educational and school placement decisions shall be made
to ensure that the child is placed in the least restrictive
educational programs and has access to academic resources, services,
and extracurricular and enrichment activities that are available to
all pupils.  In all instances, educational and school placement
decisions shall be based on the best interests of the child.
  SEC. 4.  Section 48853.5 is added to the Education Code, to read:
   48853.5.  (a) This section applies to any foster child who has
been removed from his or her home pursuant to Section 309 of the
Welfare and Institutions Code, is the subject of a petition filed
under Section 300 or 602 of the Welfare and Institutions Code, or has
been removed from his or her home and is the subject of a petition
filed under Section 300 or 602 of the Welfare and Institutions Code.

   (b) Each local educational agency shall designate a staff person
as the educational liaison for foster children.  In a school district
that operates a foster children services program pursuant to Chapter
11.3 (commencing with Section 42920) of Part 24, the educational
liaison shall be affiliated with the local foster children services
program. The liaison shall do all of the following:
   (1) Ensure and facilitate the proper educational placement,
enrollment in school, and checkout from school of foster children.
   (2) Assist foster children when transferring from one school to
another or from one school district to another in ensuring proper
transfer of credits, records, and grades.
   (c) This section does not grant authority to the educational
liaison that supersedes the authority granted under state and federal
law to a parent or guardian retaining educational rights, a
responsible adult appointed by the court to represent the child
pursuant to Section 361 or 726 of the Welfare and Institutions Code,
a surrogate parent, or a foster parent exercising the authority
granted under Section 56055.  The role of the educational liaison is
advisory with respect to placement decisions and determination of
school of origin.
   (d) (1) At the initial detention or placement, or any subsequent
change in placement of a foster child, the local educational agency
serving the foster child shall allow the foster child to continue his
or her education in the school of origin for the duration of the
academic school year.
   (2) The liaison, in consultation with and the agreement of the
foster child and the person holding the right to make educational
decisions for the foster child may, in accordance with the foster
child's best interest, recommend that the foster child's right to
attend the school of origin be waived and the foster child be
enrolled in any public school that pupils living in the attendance
area in which the foster child resides are eligible to attend.
   (3) Prior to making any recommendation to move a foster child from
his or her school of origin, the liaison shall provide the foster
child and the person holding the right to make educational decisions
for the foster child with a written explanation stating the basis for
the recommendation and how this recommendation serves the foster
child's best interest.
   (4) (A) If the liaison in consultation with the foster child and
the person holding the right to make educational decisions for the
foster child agree that the best interests of the foster child would
be served by his or her transfer to a school other than the school of
origin, the foster child shall immediately be enrolled in the new
school.
   (B) The new school shall immediately enroll the foster child even
if the foster child is unable to produce records or clothing normally
required for enrollment, such as previous academic records, medical
records, proof of residency, other  documentation, or school
uniforms.
   (C) The liaison for the new school shall, within two business days
of the foster child's request for enrollment, contact the school
last attended by the foster child to obtain all academic and other
records.  The school liaison for the school last attended shall
provide all records to the new school within two business days of
receiving the request.
   (5) If any dispute arises regarding the request of a foster child
to remain in the school of origin, the foster child has the right to
remain in the school of origin pending resolution of the dispute.
   (6) The local educational agency and the county placing agency are
encouraged to collaborate to ensure maximum utilization of available
federal moneys, explore public-private partnerships, and access any
other funding sources to promote the well-being of foster children
through educational stability.
   (e) For purposes of this section, "school of origin" means the
school that the foster child attended when permanently housed or the
school in which the foster child was last enrolled.  If the school
the foster child attended when permanently housed is different from
the school in which the foster child was last enrolled, or if there
is some other school that the foster child attended with which the
foster child is connected, the liaison, in consultation with and the
agreement of the foster child and the person holding the right to
make educational decisions for the foster child, shall determine in
the best interest of the foster child, the school that shall be
deemed the school of origin.
   (f) This section does not supersede other law governing the
educational placements in juvenile court schools, as defined by
Section 48645.1, by the juvenile court under Section 602 of the
Welfare and Institutions Code.
  SEC. 5.  Section 48859 of the Education Code is amended to read:
   48859.  For purposes of this chapter, the following terms have the
following meanings:
   (a) "County placing agency" means the county social service
department or county probation department.
   (b) "Educational authority" means an entity designated to
represent the interests of a child for educational and related
services.
  SEC. 6.  Section 49061 of the Education Code is amended to read:
   49061.  As used in this chapter:
   (a) "Parent" means a natural parent, an adopted parent, or legal
guardian.  If the parents are divorced or legally separated, only a
parent having legal custody of the pupil may challenge the content of
a record pursuant to Section 49070, offer a written response to a
record pursuant to Section 49072, or consent to release records to
others pursuant to Section 49075.  Either parent may grant consent if
both parents have notified, in writing, the school or school
district that an agreement has been made.  If a pupil has attained
the age of 18 years or is attending an institution of postsecondary
education, the permission or consent required of, and the rights
accorded to, the parents or guardian of the pupil shall thereafter
only be required of, and accorded to, the pupil.
   (b) "Pupil record" means any item of information directly related
to an identifiable pupil, other than directory information, which is
maintained by a school district or required to be maintained by an
employee in the performance of his or her duties whether recorded by
handwriting, print, tapes, film, microfilm or other means.
   "Pupil record" does not include informal notes related to a pupil
compiled by a school officer or employee which remain in the sole
possession of the maker and are not accessible or revealed to any
other person except a substitute.  For purposes of this subdivision,
"substitute" means a person who performs the duties of the individual
who made the notes on a temporary basis, and does not refer to a
person who permanently succeeds the maker of the notes in his or her
position.
   (c) "Directory information" means one or more of the following
items:  pupil's name, address, telephone number, date and place of
birth, major field of study, participation in officially recognized
activities and sports, weight and height of members of athletic
teams, dates of attendance, degrees and awards received, and the most
recent previous public or private school attended by the pupil.
   (d) "School district" means any school district maintaining any of
grades kindergarten through 12, any public school providing
instruction in any of grades kindergarten through 12, the office of
the county superintendent of schools, or any special school operated
by the department.
   (e) "Access" means a personal inspection and review of a record or
an accurate copy of a record, or receipt of an accurate copy of a
record, an oral description or communication of a record or an
accurate copy of a record, and a request to release a copy of any
record.
   (f) "County placing agency" means the county social service
department or county probation department.
  SEC. 7.  Section 49069.5 of the Education Code is amended to read:

   49069.5.  (a) The Legislature finds and declares that the mobility
of pupils in foster care often disrupts their educational
experience.  The Legislature also finds that efficient transfer
procedures and transfer of pupil records is a critical factor in the
swift placement of foster children in educational settings.
   (b) The proper and timely transfer between schools of pupils in
foster care is the responsibility of both the local educational
agency and the county placing agency.
   (c) As soon as the county placing agency becomes aware of the need
to transfer a pupil in foster care out of his or her current school,
the county placing agency shall contact the appropriate person at
the local educational agency of the pupil.  The county placing agency
shall notify the local educational agency of the date that the pupil
will be leaving the school and request that the pupil be transferred
out.
   (d) Upon receiving a transfer request from a county placing
agency, the local educational agency shall, within two business days,
transfer the pupil out of school and deliver the educational
information and records of the pupil to the  next educational
placement.
   (e) As part of the transfer process described under subdivisions
(c) and (d), the local educational agency shall compile the complete
educational record of the pupil including a determination of seat
time, full or partial credits earned, current classes and grades,
immunization and other records, and, if  applicable, a copy of the
pupil's plan adopted pursuant to Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794 et seq.) or
individualized education program adopted pursuant to the federal
Individuals with Disabilities Education Act (20 U.S.C.  Sec. 1400 et
seq.).
   (f) The local educational agency shall assign the duties listed in
this section to a person competent to handle the transfer procedure
and aware of the specific educational record keeping needs of
homeless, foster, and other transient children who transfer between
schools.
   (g) The local educational agency shall ensure that if the pupil in
foster care is absent from school due to a decision to change the
placement of a pupil made by a court or placing agency, the grades
and credits of the pupil will be calculated as of the date the pupil
left school, and no lowering of grades will occur as a result of the
absence of the pupil under these circumstances.
   (h) The local educational agency shall ensure that if the pupil in
foster care is absent from school due to a verified court appearance
or related court ordered activity, no lowering of his or her grades
will occur as a result of the absence of the pupil under these
circumstances.
  SEC. 8.  Section 49076 of the Education Code is amended to read:
   49076.  A school district is not authorized to permit access to
pupil records to any person without written parental consent or under
judicial order except that:
   (a) Access to those particular records relevant to the legitimate
educational interests of the requester shall be permitted to the
following:
   (1) School officials and employees of the district, members of a
school attendance review board appointed pursuant to Section 48321,
and any volunteer aide, 18 years of age or older, who has been
investigated, selected, and trained by a school attendance review
board for the purpose of providing followup services to pupils
referred to the school attendance review board, provided that the
person has a legitimate educational interest to inspect a record.
   (2) Officials and employees of other public schools or school
systems, including local, county, or state correctional facilities
where educational programs leading to high school graduation are
provided or where the pupil intends to or is directed to enroll,
subject to the rights of parents as provided in Section 49068.
   (3) Authorized representatives of the Comptroller General of the
United States, the Secretary of Education, and administrative head of
an education agency, state education officials, or their respective
designees, or the United States Office of Civil Rights, where the
information is necessary to audit or evaluate a state or federally
supported education program or pursuant to a federal or state law,
provided that except when collection of personally identifiable
information is specifically authorized by federal law, any data
collected by those officials shall be protected in a manner which
will not permit the personal identification of pupils or their
parents by other than those officials, and any personally
identifiable data shall be destroyed when no longer needed for the
audit, evaluation, and enforcement of federal legal requirements.
   (4) Other state and local officials to the extent that information
is specifically required to be reported pursuant to state law
adopted prior to November 19, 1974.
   (5) Parents of a pupil 18 years of age or older who is a dependent
as defined in Section 152 of the Internal Revenue Code of 1954.
   (6) A pupil 16 years of age or older or having completed the 10th
grade who requests access.
   (7) Any district attorney who is participating in or conducting a
truancy mediation program pursuant to Section 48263.5, or Section
601.3 of the Welfare and Institutions Code, or participating in the
presentation of evidence in a truancy petition pursuant to Section
681 of the Welfare and Institutions Code.
   (8) A prosecuting agency for consideration against a parent or
guardian for failure to comply with the Compulsory Education Law
(Chapter 2 (commencing with Section 48200) of Part 27) or with
Compulsory Continuation Education (Chapter 3 (commencing with Section
48400) of Part 27).
   (9) Any probation officer or district attorney for the purposes of
conducting a criminal investigation or an investigation in regards
to declaring a person a ward of the court or involving a violation of
a condition of probation.
   (10) Any judge or probation officer for the purpose of conducting
a truancy mediation program for a pupil, or for purposes of
presenting evidence in a truancy petition pursuant to Section 681 of
the Welfare and Institutions Code.  The judge or probation officer
shall certify in writing to the school district that the information
will be used only for truancy purposes.  A school district releasing
pupil information to a judge or probation officer pursuant to this
paragraph shall inform, or provide written notification to, the
parent or guardian of the pupil within 24 hours of the release of the
information.
   (11) Any county placing agency for the purpose of fulfilling the
requirements of the health and education summary required pursuant to
Section 16010 of the Welfare and Institutions Code or for the
purpose of fulfilling educational case management responsibilities
required by the juvenile court or by law and to assist with the
school transfer or enrollment of a pupil. School districts, county
offices of education, and county placing agencies may develop
cooperative agreements to facilitate confidential access to and
exchange of the pupil information by electronic mail, facsimile,
electronic format, or other secure means.
   (b) School districts may release information from pupil records to
the following:
   (1) Appropriate persons in connection with an emergency if the
knowledge of the information is necessary to protect the health or
safety of a pupil or other persons.
   (2) Agencies or organizations in connection with the application
of a pupil for, or receipt of, financial aid.  However, information
permitting the personal identification of a pupil or his or her
parents may be disclosed only as may be necessary for purposes as to
determine the eligibility of the pupil for financial aid, to
determine the amount of the financial aid, to determine the
conditions which will be imposed regarding the financial aid, or to
enforce the terms or conditions of the financial aid.
   (3) The county elections official, for the purpose of identifying
pupils eligible to register to vote, and for conducting programs to
offer pupils an opportunity to register to vote.  The information,
however, shall not be used for any other purpose or given or
transferred to any other person or agency.
   (4) Accrediting associations in order to carry out their
accrediting functions.
   (5) Organizations conducting studies for, or on behalf of,
educational agencies or institutions for the purpose of developing,
validating, or administering predictive tests, administering student
aid programs, and improving instruction, if the studies are conducted
in a manner that will not permit the personal identification of
pupils or their parents by persons other than representatives of the
organizations and the information will be destroyed when no longer
needed for the purpose for which it is obtained.
   (6) Officials and employees of private schools or school systems
where the pupil is enrolled or intends to enroll, subject to the
rights of parents as provided in Section 49068.  This information
shall be in addition to the pupil's permanent record transferred
pursuant to Section 49068.
   A person, persons, agency, or organization permitted access to
pupil records pursuant to this section may not permit access to any
information obtained from those records by any other person, persons,
agency, or organization without the written consent of the pupil's
parent.  However, this paragraph does not require prior parental
consent when information obtained pursuant to this section is shared
with other persons within the educational institution, agency, or
organization obtaining access, so long as those persons have a
legitimate interest in the information.
   (c) Notwithstanding any other provision of law, any school
district, including any county office of education or superintendent
of schools, may participate in an interagency data information system
that permits access to a computerized database system within and
between governmental agencies or districts as to information or
records which are nonprivileged, and where release is authorized as
to the requesting agency under state or federal law or regulation, if
each of the following requirements are met:
   (1) Each agency and school district shall develop security
procedures or devices by which unauthorized personnel cannot access
data contained in the system.
   (2) Each agency and school district shall develop procedures or
devices to secure privileged or confidential data from unauthorized
disclosure.
   (3) Each school district shall comply with the access log
requirements of Section 49064.
   (4) The right of access granted shall not include the right to
add, delete, or alter data without the written permission of the
agency holding the data.
   (5) An agency or school district may not make public or otherwise
release information on an individual contained in the database where
the information is protected from disclosure or release as to the
requesting agency by state or federal law or regulation.
  SEC. 9.  Section 56055 of the Education Code is amended to read:
   56055.  (a) (1) Except as provided in subdivisions (b), (c), and
(d), a foster parent may exercise, to the extent permitted by federal
law, including, but not limited to, Section 300.20 of Title 34 of
the Code of Federal Regulations, the rights related to his or her
foster child's education that a parent has under Title 20 (commencing
with Section 1400) of the United States Code and pursuant to Part
300 (commencing with Section 300.1) of Title 34 of the Code of
Federal Regulations.  The foster parent may represent the foster
child for the duration of the foster parent-foster child relationship
in matters relating to identification, assessment, instructional
planning and development, educational placement, reviewing and
revising an individualized education program, if necessary, and in
all other matters relating to the provision of a free appropriate
public education of the child. Notwithstanding any other provision of
law, this representation shall include the provision of written
consent to the individualized education program, including
nonemergency medical services, mental health treatment services, and
occupational or physical therapy services pursuant to this chapter.
The foster parent may sign any consent relating to individualized
education program purposes.
   (2) A foster parent exercising rights relative to a foster child
under this section may consult with the parent or guardian of the
child to ensure continuity of health, mental health, or other
services.
   (b) A foster parent who had been excluded by court order from
making educational decisions on behalf of a pupil does not have the
rights relative to the pupil set forth in subdivision (a).
        (c) This section only applies if the juvenile court has
limited the right of the parent or guardian to make educational
decisions on behalf of the child, and the child has been placed in a
planned permanent living arrangement pursuant to paragraph (3) of
subdivision (g) of Section 366.21, Section 366.22, Section 366.26, or
paragraph (5) or (6) of subdivision (b) of Section 727.3 of the
Welfare and Institutions Code.
   (d) For purposes of this section, a foster parent shall include a
person, relative caretaker, or nonrelative extended family member as
defined in Section 362.7 of the Welfare and Institutions Code, who
has been licensed or approved by the county welfare  department,
county probation department, or the State Department of Social
Services, or who has been designated by the court as a specified
placement.
  SEC. 10.  Section 361 of the Welfare and Institutions Code is
amended to read:
   361.  (a) In all cases in which a minor is adjudged a dependent
child of the court on the ground that the minor is a person described
by Section 300, the court may limit the control to be exercised over
the dependent child by any parent or guardian and shall by its order
clearly and specifically set forth all those limitations.  Any
limitation on the right of the parent or guardian to make educational
decisions for the child shall be specifically addressed in the court
order.  The limitations may not exceed those necessary to protect
the child.  If the court specifically limits the right of the parent
or guardian to make educational decisions for the child, the court
shall at the same time appoint a responsible adult to make
educational decisions for the child until one of the following
occurs:
   (1) The minor reaches 18 years of age, unless the child chooses
not to make educational decisions for himself or herself, or is
deemed by the court to be incompetent.
   (2) Another responsible adult is appointed to make educational
decisions for the minor pursuant to this section.
   (3) The right of the parent or guardian to make educational
decisions for the minor is fully restored.
   (4) A successor guardian or conservator is appointed.
   (5) The child is placed into a planned permanent living
arrangement pursuant to paragraph (3) of subdivision (g) of Section
366.21, Section 366.22, or Section 366.26, at which time the foster
parent, relative caretaker, or nonrelative extended family member as
defined in Section 362.7 has the right to represent the child in
educational matters pursuant to Section 56055 of the Education Code.

   An individual who would have a conflict of interest in
representing the child may not be appointed to make educational
decisions.  For purposes of this section, "an individual who would
have a conflict of interest," means a person having any interests
that might restrict or bias his or her ability to make educational
decisions, including, but not limited to, those conflicts of interest
prohibited by Section 1126 of the Government Code, and the receipt
of compensation or attorneys' fees for the provision of services
pursuant to this section.  A foster parent may not be deemed to have
a conflict of interest solely because he or she receives compensation
for the provision of services pursuant to this section.
   If the court is unable to appoint a responsible adult to make
educational decisions for the child and paragraphs (1) to (5),
inclusive, do not apply, and the child has either been referred to
the local educational agency for special education and related
services, or has a valid individualized education program, the court
shall refer the child to the local educational agency for appointment
of a surrogate parent pursuant to Section 7579.5 of the Government
Code.
   All educational and school placement decisions shall seek to
ensure that the child is in the least restrictive educational
programs and has access to the academic resources, services, and
extracurricular and enrichment activities that are available to all
pupils.  In all instances, educational and school placement decisions
shall be based on the best interests of the child.
   (b) Subdivision (a) does not limit the ability of a parent to
voluntarily relinquish his or her child to the State Department of
Social Services or to a licensed county adoption agency at any time
while the child is a dependent child of the juvenile court, if the
department or agency is willing to accept the relinquishment.
   (c) A dependent child  may not be taken from the physical custody
of his or her parents or guardian or guardians with whom the child
resides at the time the petition was initiated, unless the juvenile
court finds clear and convincing evidence of any of the following:
   (1) There is a substantial danger to the physical health, safety,
protection, or physical or emotional well-being of the minor or would
be if the minor were returned home, and there are no reasonable
means by which the minor's physical health can be protected without
removing the minor from the minor's parents' or guardians' physical
custody.  The fact that a minor has been adjudicated a dependent
child of the court pursuant to subdivision (e) of Section 300 shall
constitute prima facie evidence that the minor cannot be safely left
in the custody of the parent or guardian with whom the minor resided
at the time of injury.  The court shall consider, as a reasonable
means to protect the minor, the option of removing an offending
parent or guardian from the home.  The court shall also consider, as
a reasonable means to protect the minor, allowing a nonoffending
parent or guardian to retain custody as long as that parent or
guardian presents a plan acceptable to the court demonstrating that
he or she will be able to protect the child from future harm.
   (2) The parent or guardian of the minor is unwilling to have
physical custody of the minor, and the parent or guardian has been
notified that if the minor remains out of their physical custody for
the period specified in Section 366.26, the minor may be declared
permanently free from their custody and control.
   (3) The minor is suffering severe emotional damage, as indicated
by extreme anxiety, depression, withdrawal, or untoward aggressive
behavior toward himself or herself or others, and there are no
reasonable means by which the minor's emotional health may be
protected without removing the minor from the physical custody of his
or her parent or guardian.
   (4) The minor or a sibling of the minor has been sexually abused,
or is deemed to be at substantial risk of being sexually abused, by a
parent, guardian, or member of his or her household, or other person
known to his or her parent, and there are no reasonable means by
which the minor can be protected from further sexual abuse or a
substantial risk of sexual abuse without removing the minor from his
or her parent or guardian, or the minor does not wish to return to
his or her parent or guardian.
   (5) The minor has been left without any provision for his or her
support, or a parent who has been incarcerated or institutionalized
cannot arrange for the care of the minor, or a relative or other
adult custodian with whom the child has been left by the parent is
unwilling or unable to provide care or support for the child and the
whereabouts of the parent is unknown and reasonable efforts to locate
him or her have been unsuccessful.
   (d) The court shall make a determination as to whether reasonable
efforts were made to prevent or to eliminate the need for removal of
the minor from his or her home or, if the minor is removed for one of
the reasons stated in paragraph (5) of subdivision (c), whether it
was reasonable under the circumstances not to make any of those
efforts.  The court shall state the facts on which the decision to
remove the minor is based.
   (e) The court shall make all of the findings required by
subdivision (a) of Section 366 in either of the following
circumstances:
   (1) The minor has been taken from the custody of his or her parent
or guardian and has been living in an out-of-home placement pursuant
to Section 319.
   (2) The minor has been living in a voluntary out-of-home placement
pursuant to Section 16507.4.
  SEC. 11.  Section 366.27 of the Welfare and Institutions Code is
amended to read:
   366.27.  (a) If a court, pursuant to paragraph (3) of subdivision
(g) of Section 366.21, Section 366.22, or Section 366.26, orders the
placement of a minor in a planned permanent living arrangement with a
relative, the court may authorize the relative to provide the same
legal consent for the minor's medical, surgical, and dental care as
the custodial parent of the minor.
   (b) If a court orders the placement of a minor in a planned
permanent living arrangement with a foster parent, relative
caretaker, or nonrelative extended family member as defined in
Section 362.7, the court may limit the right of the minor's parent or
guardian to make educational decisions on the minor's behalf, so
that the foster parent, relative caretaker, or nonrelative extended
family member may exercise the educational consent duties pursuant to
Section 56055 of the Education Code.
   (c) If a court orders the placement of a minor in a planned
permanent living arrangement, for purposes of this section, a foster
parent shall include a person, relative caretaker, or a nonrelative
extended family member as defined in Section 362.7, who has been
licensed or approved by the county welfare department, county
probation department, or the State Department of Social Services, or
has been  designated by the court as a specified placement.
  SEC. 12.  Section 726 of the Welfare and Institutions Code is
amended to read:
   726.  (a) In all cases in which a minor is adjudged a ward or
dependent child of the court, the court may limit the control to be
exercised over the ward or dependent child by any parent or guardian
and shall in its order, clearly and specifically set forth all those
limitations, but no ward or dependent child shall be taken from the
physical custody of a parent or guardian, unless upon the hearing the
court finds one of the following facts:
   (1) That the parent or guardian is incapable of providing or has
failed or neglected to provide proper maintenance, training, and
education for the minor.
   (2) That the minor has been tried on probation while in custody
and has failed to reform.
   (3) That the welfare of the minor requires that custody be taken
from the minor's parent or guardian.
   (b) Whenever the court specifically limits the right of the parent
or guardian to make educational decisions for the minor, the court
shall at the same time appoint a responsible adult to make
educational decisions for the child until one of the following
occurs:
   (1)  The minor reaches 18 years of age, unless the child chooses
not to make educational decisions for himself or herself, or is
deemed by the court to be incompetent.
   (2) Another responsible adult is appointed to make educational
decisions for the minor pursuant to this section.
   (3) The right of the parent or guardian to make educational
decisions for the minor is fully restored.
   (4) A successor guardian or conservator is appointed.
   (5) The child is placed into a planned permanent living
arrangement pursuant to paragraph (5) or (6) of subdivision (b) of
Section 727.3, at which time the foster parent, relative caretaker,
or nonrelative extended family member as defined in Section 362.7 has
the right to represent the child in educational matters pursuant to
Section 56055 of the Education Code.
   An individual who would have a conflict of interest in
representing the child, as specified under federal regulations, may
not be appointed to make educational decisions.  For purposes of this
section, "an individual who would have a conflict of interest,"
means a person having any interests that might restrict or bias his
or her ability to make educational decisions, including, but not
limited to, those conflicts of interest prohibited by Section 1126 of
the Government Code, and the receipt of compensation or attorneys'
fees for the provision of services pursuant to this section.  A
foster parent may not be deemed to have a conflict of interest solely
because he or she receives compensation for the provision of
services pursuant to this section.
   If the court is unable to appoint a responsible adult to make
educational decisions for the child and paragraphs (1) to (5),
inclusive, do not apply, and the child has either been referred to
the local educational agency for special education and related
services, or has a valid individualized education program, the court
shall refer the child to the local educational agency for appointment
of a surrogate parent pursuant to Section 7579.5 of the Government
Code.
   All educational and school placement decisions shall seek to
ensure that the child is in the least restrictive educational
programs and has access to the academic resources, services, and
extracurricular and enrichment activities that are available to all
pupils.  In all instances, educational and school placement decisions
shall be based on the best interests of the child.
   (c) If the minor is removed from the physical custody of his or
her parent or guardian as the result of an order of wardship made
pursuant to Section 602, the order shall specify that the minor may
not be held in physical confinement for a period in excess of the
maximum term of imprisonment which could be imposed upon an adult
convicted of the offense or offenses which brought or continued the
minor under the jurisdiction of the juvenile court.
   As used in this section and in Section 731, "maximum term of
imprisonment" means the longest of the three time periods set forth
in paragraph (2) of subdivision (a) of Section 1170 of the Penal
Code, but without the need to follow the provisions of subdivision
(b) of Section 1170 of the Penal Code or to consider time for good
behavior or participation pursuant to Sections 2930, 2931, and 2932
of the Penal Code, plus enhancements which must be proven if pled.
   If the court elects to aggregate the period of physical
confinement on multiple counts or multiple petitions, including
previously sustained petitions adjudging the minor a ward within
Section 602, the "maximum term of imprisonment" shall be the
aggregate term of imprisonment specified in subdivision (a) of
Section 1170.1 of the Penal Code, which includes any additional term
imposed pursuant to Section 667, 667.5, 667.6, or 12022.1 of the
Penal Code, and Section 11370.2 of the Health and Safety Code.
   If the charged offense is a misdemeanor or a felony not included
within the scope of Section 1170 of the Penal Code, the "maximum term
of imprisonment" is the longest term of imprisonment prescribed by
law.
   "Physical confinement" means placement in a juvenile hall, ranch,
camp, forestry camp or secure juvenile home pursuant to Section 730,
or in any institution operated by the Youth Authority.
   This section does not limit the power of the court to retain
jurisdiction over a minor and to make appropriate orders pursuant to
Section 727 for the period permitted by Section 607.
  SEC. 13.  Section 727.2 of the Welfare and Institutions Code is
amended to read:
   727.2.  The purpose of this section is to provide a means to
monitor the safety and well-being of every minor in foster care who
has been declared a ward of the juvenile court pursuant to Section
601 or 602 and to ensure that everything reasonably possible is done
to facilitate the safe and early return of the minor to his or her
home or to establish an alternative permanent plan for the minor.
   (a) If the court orders the care, custody, and control of the
minor to be under the supervision of the probation officer for
placement pursuant to subdivision (a) of Section 727, the juvenile
court shall order the probation department to ensure the provision of
reunification services to facilitate the safe return of the minor to
his or her home or the permanent placement of the minor, and to
address the needs of the minor while in foster care, except as
provided in subdivision (b).
   (b) Reunification services need not be provided to a parent or
legal guardian if the court finds by clear and convincing evidence
that one or more of the following is true:
   (1) Reunification services were previously terminated for that
parent or guardian, pursuant to Section 366.21 or 366.22, or not
offered, pursuant to subdivision (b) of Section 361.5, in reference
to the same minor.
   (2) The parent has been convicted of any of the following:
   (A) Murder of another child of the parent.
   (B) Voluntary manslaughter of another child of the parent.
   (C) Aiding or abetting, attempting, conspiring, or soliciting to
commit that murder or manslaughter described in subparagraph (A) or
(B).
   (D) A felony assault that results in serious bodily injury to the
minor or another child of the parent.
   (3) The parental rights of the parent with respect to a sibling
have been terminated involuntarily, and it is not in the best
interest of the minor to reunify with his or her parent or legal
guardian.
   If no reunification services are offered to the parent or
guardian, the permanency planning hearing, as described in Section
727.3, shall occur within 30 days of the date of the hearing at which
the decision is made not to offer services.
   (c) The status of every minor declared a ward and ordered to be
placed in foster care shall be reviewed by the court no less
frequently than once every six months.  The six-month time periods
shall be calculated from the date the minor entered foster care, as
defined in paragraph (4) of subdivision (d) of Section 727.4.  If the
court so elects, the court may declare the hearing at which the
court orders the care, custody, and control of the minor to be under
the supervision of the probation officer for foster care placement
pursuant to subdivision (a) of Section 727 at the first status review
hearing.  It shall be the duty of the probation officer to prepare a
written social study report including an updated case plan, pursuant
to subdivision (b) of Section 706.5, and submit the report to the
court prior to each status review hearing, pursuant to subdivision
(b) of Section 727.4.  The social study report shall include all
reports the probation officer relied upon in making his or her
recommendations.
   (d) Prior to any status review hearing involving a minor in the
physical custody of a community care facility or foster family
agency, the facility or agency may provide the probation officer with
a report containing its recommendations.  Prior to any status review
hearing involving the physical custody of a foster parent, relative
caregiver, preadoptive parent, or legal guardian, that person may
present to the court a report containing his or her recommendations.
The court shall consider all reports and recommendations filed
pursuant to subdivision (c) and pursuant to this subdivision.
   (e) At any status review hearing prior to the first permanency
planning hearing, the court shall consider the safety of the minor
and make findings and orders which determine the following:
   (1) The continuing necessity for and appropriateness of the
placement.
   (2) The extent of the probation department's compliance with the
case plan in making reasonable efforts to safely return the minor to
the minor's home or to complete whatever steps are necessary to
finalize the permanent placement of the minor.
   (3) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions for the minor.  That
limitation shall be specifically addressed in the court order and
may not exceed what is necessary to protect the minor.  If the court
specifically limits the right of the parent or guardian to make
educational decisions for the minor, the court shall at the same time
appoint a responsible adult to make educational decisions for the
minor pursuant to Section 726.
   (4) The extent of progress that has been made by the minor and
parent or guardian toward alleviating or mitigating the causes
necessitating placement in foster care.
   (5) The likely date by which the minor may be returned to and
safely maintained in the home or placed for adoption, appointed a
legal guardian, permanently placed with a fit and willing relative or
referred to another planned permanent living arrangement.
   (6) In the case of a minor who has reached 16 years of age, the
court shall, in addition, determine the services needed to assist the
minor to make the transition from foster care to independent living.

   The court shall make these determinations on a case-by-case basis
and reference in its written findings the probation officer's report
and any other evidence relied upon in reaching its decision.
   (f) At any status review hearing prior to the first permanency
hearing, the court shall order return of the minor to the physical
custody of his or her parent or legal guardian unless the court
finds, by a preponderance of evidence, that the return of the minor
to his or her parent or legal guardian would create a substantial
risk of detriment to the safety, protection, or physical or emotional
well-being of the minor.  The probation department shall have the
burden of establishing that detriment.  In making its determination,
the court shall review and consider the social study report,
recommendations, and the case plan pursuant to subdivision (b) of
Section 706.5, the report and recommendations of any child advocate
appointed for the minor in the case, and any other reports submitted
to the court pursuant to subdivision (d), and shall consider the
efforts or progress, or both, demonstrated by the minor and family
and the extent to which the minor availed himself or herself of the
services provided.
   (g) At all status review hearings subsequent to the first
permanency planning hearing, the court shall consider the safety of
the minor and make the findings and orders as described in paragraphs
(1) to (4), inclusive, and (6) of subdivision (e).  The court shall
either make a finding that the previously ordered permanent plan
continues to be appropriate or shall order that a new permanent plan
be adopted pursuant to subdivision (b) of Section 727.3.  However,
the court shall not order a permanent plan of "return to the physical
custody of the parent or legal guardian after further reunification
services are offered," as described in paragraph (2) of subdivision
(b) of Section 727.3.
   (h) The status review hearings required by subdivision (c) may be
heard by an administrative review panel, provided that the
administrative panel meets all of the requirements listed in
subparagraph (B) of paragraph (7) of subdivision (d) of Section
727.4.
  SEC. 14.  Section 4570 of the Welfare and Institutions Code is
amended to read:
   4570.  (a) In order to remain informed regarding the quality of
services in the area and to protect the legal, civil, and service
rights of persons with developmental disabilities, the Legislature
finds that it is necessary to conduct life quality assessments with
consumers served by the regional centers.
   (b) The department shall enter into an interagency agreement with
the state council, on behalf of the area boards, to conduct the life
quality assessments described in this section.  This interagency
agreement shall include assurances that the state council shall not
direct the area boards in their conduct of these assessments or in
the content or format of the annual reports submitted to the council
by the area boards.
   (c) Consistent with the responsibilities described in this
chapter, the area board, with the consent of the consumer and, when
appropriate, a family member, shall conduct life quality assessments
with consumers living in out-of-home placements, supported living
arrangements, or independent living arrangements no less than once
every three years or more frequently upon the request of a consumer,
or, when appropriate, a family member.  If a consumer who is eligible
to receive a life quality assessment is a dependent of a juvenile
court pursuant to Section 300, 601, or 602, the assessment may be
conducted with the consent of the court or social services agency.  A
regional center or the department shall annually provide the local
area board with a list, including, but not limited to, the name,
address, and telephone number of each consumer, and, when
appropriate, a family member, the consumer's date of birth, and the
consumer's case manager, for all consumers living in out-of-home
placements, supported living arrangements, or independent living
arrangements, in order to facilitate area board contact with
consumers and, when appropriate, family members, for the purpose of
conducting life quality assessments.
   (d) The life quality assessments shall be conducted by utilizing
the "Looking at Life Quality Handbook" or subsequent revisions
developed by the department.
   (e) The assessments shall be conducted by consumers, families,
providers, and others, including volunteer surveyors.  Each area
board shall recruit, train, supervise, and coordinate surveyors.
Upon request, and if feasible, the area board shall respect the
request of a consumer and, when appropriate, family member, for a
specific surveyor to conduct the life quality assessment.  An area
board may provide stipends to surveyors.
   (f) A life quality assessment shall be conducted within 90 days
prior to a consumer's triennial individual program plan meeting, so
that the consumer and regional center may use this information as
part of the planning process.
   (g) Prior to conducting a life quality assessment, the area board
shall meet with the regional center to coordinate the exchange of
appropriate information necessary to conduct the assessment and
ensure timely followup to identified violations of any legal, civil,
or service rights.
   (h) Following the completion of each life quality assessment, the
area board shall develop a report of its findings and provide a copy
of the report to the consumer, when appropriate, family members, and
the regional center providing case management services to the
consumer.  A copy of the life quality assessment of a consumer who is
a dependent of a juvenile court pursuant to Section 300, 601, or 602
shall be provided, upon request, to the court or social services
agency.  In the event that a report identifies alleged violations of
any legal, civil, or service right, the area board shall notify the
regional center and the department of the alleged violation.  The
department shall monitor the regional center to ensure that
                                     violations are addressed and
resolved in a timely manner.
   (i) Regional centers shall review information from the life
quality assessments on a systemic basis in order to identify training
and resource development needs.
   (j) (1) On an annual basis, each area board shall prepare and
submit a report to the state council describing its activities and
accomplishments related to the implementation of this section.  The
report shall include, but not be limited to, the number of life
quality assessments conducted, the number of surveyors, including
those provided stipends, a description of the surveyor recruitment
process and training program, including any barriers to recruitment,
the number, nature, and outcome of any identified violations of
legal, civil, or service rights reported to regional centers, and
recommendations for improvement in the life quality assessment
process.
   (2) By September 15 of each year, the state council shall compile
these reports and forward to the Governor, the Legislature, and the
department.
   (k) Implementation of this section shall be subject to an annual
appropriation of funds in the Budget Act for this purpose.
  SEC. 15.  Section 16000 of the Welfare and Institutions Code is
amended to read:
   16000.  (a) It is the intent of the Legislature to preserve and
strengthen a child's family ties whenever possible, removing the
child from the custody of his or her parents only when necessary for
his or her welfare or for the safety and protection of the public.
If a child is removed from the physical custody of his or her
parents, preferential consideration shall be given whenever possible
to the placement of the child with the relative as required by
Section 7950 of the Family Code.  If the child is removed from his or
her own family, it is the purpose of this chapter to secure as
nearly as possible for the child the custody, care, and discipline
equivalent to that which should have been given to the child by his
or her parents.  It is further the intent of the Legislature to
reaffirm its commitment to children who are in out-of-home placement
to live in the least restrictive, most familylike setting and to live
as close to the child's family as possible pursuant to subdivision
(c) of Section 16501.1.  Family reunification services shall be
provided for expeditious reunification of the child with his or her
family, as required by law.  If reunification is not possible or
likely, a permanent alternative shall be developed.
   (b) It is further the intent of the Legislature to ensure that all
pupils in foster care and those who are homeless as defined by the
federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301
et seq.) have the opportunity to meet the challenging state pupil
academic achievement standards to which all pupils are held.  In
fulfilling their responsibilities to pupils in foster care,
educators, county placing agencies, care providers, advocates, and
the juvenile courts shall work together to maintain stable school
placements and to ensure that each pupil is placed in the least
restrictive educational programs, and has access to the academic
resources, services, and extracurricular and enrichment activities
that are available to all pupils.  In all instances, educational and
school placement decisions must be based on the best interests of the
child.
  SEC. 16.  Section 16501.1 of the Welfare and Institutions Code is
amended to read:
   16501.1.  (a) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
   (b) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers as appropriate in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.  A case plan
shall be based upon the principles of this section and shall document
that a preplacement assessment of the service needs of the child and
family, and preplacement preventive services, have been provided,
and that reasonable efforts to prevent out-of-home placement have
been made.  In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.  Reasonable services shall be offered or provided to make
it possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.  If
reasonable services are not ordered, or are terminated, reasonable
efforts shall be made to place the child in a timely manner in
accordance with the permanent plan and to complete all steps
necessary to finalize the permanent placement of the child.
   (c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, proximity to the child's
school, consistent with the selection of the environment best suited
to meet the child's special needs and best interest, or both.  The
selection shall consider, in order of priority, placement with
relatives, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code.
   (2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school attendance area.
   (d) A written case plan shall be completed within 30 days of the
initial removal of the child or of the in-person response required
under subdivision (f) of Section 16501 if the child has not been
removed from his or her home, or by the date of the dispositional
hearing pursuant to Section 358, whichever occurs first.  The case
plan shall be updated, as the service needs of the child and family
dictate.  At a minimum, the case plan shall be updated in conjunction
with each status review hearing conducted pursuant to Section
366.21, and the hearing conducted pursuant to Section 366.26, but no
less frequently than once every six months.  Each updated case plan
shall include a description of the services that have been provided
to the child under the plan and an evaluation of the appropriateness
and effectiveness of those services.
   (e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
   (f) The case plan shall be developed as follows:
   (1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention.
   (2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
   (3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
   (4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers.  The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social service
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative at least
every 12 months and submit a report to the court on each visit.  For
children in out-of-state group home facilities, visits shall be
conducted at least monthly, pursuant to Section 16516.5.  At least
once every six months, at the time of a regularly scheduled social
worker contact with the foster child, the child's social worker shall
inform the child of his or her rights as a foster child, as
specified in Section 16001.9.  The social worker shall provide the
information to the child in a manner appropriate to the age or
developmental level of the child.
   (5) When out-of-home services are used, the frequency of contact
between the natural parents or legal guardians and the child shall be
specified in the case plan.  The frequency of those contacts shall
reflect overall case goals, and consider other principles outlined in
this section.
   (6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002.  If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being.  These significant life events shall include,
but shall not be limited to, the following:
   (A) The death of an immediate relative.
   (B) The birth of a sibling.
   (C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
   (7) If out-of-home placement is made in a foster family home,
group home or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child.  When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
   (8) If out-of-home services are used, or  if parental rights have
been terminated and the case plan is placement for adoption, the case
plan shall include a recommendation regarding the appropriateness of
unsupervised visitation between the child and any of the child's
siblings.  This recommendation shall include a statement regarding
the child's and the siblings' willingness to participate in
unsupervised visitation.  If the case plan includes a recommendation
for unsupervised sibling visitation, the plan shall also note that
information necessary to accomplish this visitation has been provided
to the child or to the child's siblings.
   (9) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider the importance of developing and
maintaining sibling relationships pursuant to Section 16002.
   (10) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest.  A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
   (11) (A) Parents and legal guardians shall have an opportunity to
review the case plan, sign it whenever possible, and then shall
receive a copy of the plan.  In any voluntary service or placement
agreement, the parents or legal guardians shall be required to review
and sign the case plan.  Whenever possible, parents and legal
guardians shall participate in the development of the case plan.
   (B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law.  However, they shall also be
advised that the parent's or guardian's failure to cooperate, except
for good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
   (12) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing.  Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan.   If out-of-home services are used
with the goal of family reunification, the case plan shall consider
and describe the application of subdivision (b) of Section 11203.
   (13) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include documentation of the steps the agency is taking to find an
adoptive family or other permanent living arrangements for the child;
to place the child with an adoptive family, an appropriate and
willing relative, a legal guardian, or in another planned permanent
living arrangement; and to finalize the adoption or legal
guardianship.  At a minimum, the documentation shall include child
specific recruitment efforts, such as the use of state, regional, and
national adoption exchanges, including electronic exchange systems,
when the child has been freed for adoption.
   (g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
and the child's prospective adoptive parents, if applicable, be
provided with information necessary to accomplish this visitation.
This section does not require or prohibit the social worker's
facilitation, transportation, or supervision of visits between the
child and his or her siblings.
   (h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
   (i) The department, in consultation with the County Welfare
Directors Association and other advocates, shall develop standards
and guidelines for a model relative placement search and assessment
process based on the criteria established in Section 361.3.  These
guidelines shall be incorporated in the training described in Section
16206.  These model standards and guidelines shall be developed by
March 1, 1999.
  SEC. 16.1.  Section 16501.1 of the Welfare and Institutions Code is
amended to read:
   16501.1.  (a) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
   (b) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers as appropriate in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.  A case plan
shall be based upon the principles of this section and shall document
that a preplacement assessment of the service needs of the child and
family, and preplacement preventive services, have been provided,
and that reasonable efforts to prevent out-of-home placement have
been made.  In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.  Reasonable services shall be offered or provided to make
it possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.  If
reasonable services are not ordered, or are terminated, reasonable
efforts shall be made to place the child in a timely manner in
accordance with the permanent plan and to complete all steps
necessary to finalize the permanent placement of the child.
   (c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, proximity to the child's
school, consistent with the selection of the environment best suited
to meet the child's special needs and best interest, or both.  The
selection shall consider, in order of priority, placement with
relatives, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code.
   (2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school attendance area.
   (d) A written case plan shall be completed within 30 days of the
initial removal of the child or of the in-person response required
under subdivision (f) of Section 16501 if the child has not been
removed from his or her home, or by the date of the dispositional
hearing pursuant to Section 358, whichever occurs first.  The case
plan shall be updated, as the service needs of the child and family
dictate.  At a minimum, the case plan shall be updated in conjunction
with each status review hearing conducted pursuant to Section
366.21, and the hearing conducted pursuant to Section 366.26, but no
less frequently than once every six months.  Each updated case plan
shall include a description of the services that have been provided
to the child under the plan and an evaluation of the appropriateness
and effectiveness of those services.
   (e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
   (f) The case plan shall be developed as follows:
   (1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention.
   (2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
   (3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
   (4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers.  The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative at least
every 12 months and submit a report to the court on each visit.  For
children in out-of-state group home facilities, visits shall be
conducted at least monthly, pursuant to Section 16516.5.  At least
once every six months, at the time of a regularly scheduled social
worker contact with the foster child, the child's social worker shall
inform the child of his or her rights as a foster child, as
specified in Section 16001.9.  The social worker shall provide the
information to the child in a manner appropriate to the age or
developmental level of the child.
   (5) When out-of-home services are used, the frequency of contact
between the natural parents or legal guardians and the child shall be
specified in the case plan.  The frequency of those contacts shall
reflect overall case goals, and consider other principles outlined in
this section.
   (6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002.  If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being.  These significant life events shall include,
but shall not be limited to, the following:
   (A) The death of an immediate relative.
   (B) The birth of a sibling.
   (C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
   (7) If out-of-home placement is made in a foster family home,
group home or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child.  When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
   (8) If out-of-home services are used, or if parental rights have
been terminated and the case plan is placement for adoption, the case
plan shall include a recommendation regarding the appropriateness of
unsupervised visitation between the child and any of the child's
siblings.  This recommendation shall include a statement regarding
the child's and the siblings' willingness to participate in
unsupervised visitation.  If the case plan includes a recommendation
for unsupervised sibling visitation, the plan shall also note that
information necessary to accomplish this visitation has been provided
to the child or to the child's siblings.
   (9) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider the importance of developing and
maintaining sibling relationships pursuant to Section 16002.
   (10) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest.  A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
   (11) (A) Parents and legal guardians shall have an opportunity to
review the case plan, sign it whenever possible, and then shall
receive a copy of the plan.  In any voluntary service or placement
agreement, the parents or legal guardians shall be required to review
and sign the case plan.  Whenever possible, parents and legal
guardians shall participate in the development of the case plan.
   (B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law.  However, they shall also be
advised that the parent's or guardian's failure to cooperate, except
for good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
   (12) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing.  Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan.  If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application
          of subdivision (b) of Section 11203.
   (13) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include documentation of the steps the agency is taking to find an
adoptive family or other permanent living arrangements for the child;
to place the child with an adoptive family, an appropriate and
willing relative, a legal guardian, or in another planned permanent
living arrangement; and to finalize the adoption or legal
guardianship.  At a minimum, the documentation shall include child
specific recruitment efforts, such as the use of state, regional, and
national adoption exchanges, including electronic exchange systems,
when the child has been freed for adoption.
   (14) When appropriate, for a child who is 16 years of age or
older, the case plan shall include a written description of the
programs and services that will help the child prepare for the
transition from foster care to independent living.  The case plan
shall be developed with the child and individuals identified as
important to the child, and shall include steps the agency is taking
to ensure that the child has a connection to a caring adult.
   (g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
and the child's prospective adoptive parents, if applicable, be
provided with information necessary to accomplish this visitation.
This section does not require or prohibit the social worker's
facilitation, transportation, or supervision of visits between the
child and his or her siblings.
   (h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
   (i) When a child who is 10 years of age or older has been in
out-of-home placement in a group home for six months or longer from
the date the child entered foster care, the case plan shall include
an identification of individuals, other than the child's siblings,
who are important to the child and actions necessary to maintain the
child's relationship with those individuals, provided that those
relationships are in the best interest of the child.  The social
worker shall ask every child who is 10 years of age or older who is
not placed in a group home to identify any individuals other than the
child's siblings who are important to the child, and may ask any
child who is younger than 10 years of age to provide that
information, as appropriate.  The social worker shall make efforts to
identify other individuals who are important to the child,
consistent with the child's best interests.
   (j) The department, in consultation with the County Welfare
Directors Association and other advocates, shall develop standards
and guidelines for a model relative placement search and assessment
process based on the criteria established in Section 361.3.  These
guidelines shall be incorporated in the training described in Section
16206.  These model standards and guidelines shall be developed by
March 1, 1999.
  SEC. 16.2.  Section 16501.1 of the Welfare and Institutions Code is
amended to read:
   16501.1.  (a) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
   (b) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers as appropriate in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.  A case plan
shall be based upon the principles set forth in this section and
shall document that a preplacement assessment of the service needs of
the child and family, and preplacement preventive services, have
been provided, and that reasonable efforts to prevent out-of-home
placement have been made.  In determining the reasonable services to
be offered or provided, the child's health and safety shall be the
paramount concerns.  Reasonable services shall be offered or provided
to make it possible for a child to return to a safe home
environment, unless, pursuant to subdivisions (b) and (e) of Section
361.5, the court determines that reunification services shall not be
provided.  If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
   (c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, proximity to the child's
school, consistent with the selection of the environment best suited
to meet the child's special needs and best interest, or both.  The
selection shall consider, in order of priority, placement with
relatives, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code.
   (2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school attendance area.
   (d) As used in subdivisions (b) and (c), a home or setting that is
"safe" means that the home or setting is free from abuse or neglect,
as described in Section 11165.5 of the Penal Code.
   (e) A written case plan shall be completed within 30 days of the
initial removal of the child or of the in-person response required
under subdivision (f) of Section 16501 if the child has not been
removed from his or her home, or by the date of the dispositional
hearing pursuant to Section 358, whichever occurs first.  The case
plan shall be updated, as the service needs of the child and family
dictate.  At a minimum, the case plan shall be updated in conjunction
with each status review hearing conducted pursuant to Section
366.21, and the hearing conducted pursuant to Section 366.26, but no
less frequently than once every six months.  Each updated case plan
shall include a description of the services that have been provided
to the child under the plan and an evaluation of the appropriateness
and effectiveness of those services.
   (f) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
   (g) The case plan shall be developed as follows:
   (1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention.
   (2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
   (3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
   (4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers.  The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social service
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative at least
every 12 months and submit a report to the court on each visit.  For
children in out-of-state group home facilities, visits shall be
conducted at least monthly, pursuant to Section 16516.5.  At least
once every six months, at the time of a regularly scheduled social
worker contact with the foster child, the child's social worker shall
inform the child of his or her rights as a foster child, as
specified in Section 16001.9.  The social worker shall provide the
information to the child in a manner appropriate to the age or
developmental level of the child.
   (5) When out-of-home services are used, the frequency of contact
between the natural parents or legal guardians and the child shall be
specified in the case plan.  The frequency of those contacts shall
reflect overall case goals, and consider other principles outlined in
this section.
   (6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002.  If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being.  These significant life events shall include,
but shall not be limited to, the following:
   (A) The death of an immediate relative.
   (B) The birth of a sibling.
   (C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
   (7) If out-of-home placement is made in a foster family home,
group home or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child.  When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
   (8) If out-of-home services are used, or if parental rights have
been terminated and the case plan is placement for adoption, the case
plan shall include a recommendation regarding the appropriateness of
unsupervised visitation between the child and any of the child's
siblings.  This recommendation shall include a statement regarding
the child's and the siblings' willingness to participate in
unsupervised visitation.  If the case plan includes a recommendation
for unsupervised sibling visitation, the plan shall also note that
information necessary to accomplish this visitation has been provided
to the child or to the child's siblings.
   (9) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider the importance of developing and
maintaining sibling relationships pursuant to Section 16002.
   (10) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest.  A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
   (11) (A) Parents and legal guardians shall have an opportunity to
review the case plan, sign it whenever possible, and then shall
receive a copy of the plan.  In any voluntary service or placement
agreement, the parents or legal guardians shall be required to review
and sign the case plan.  Whenever possible, parents and legal
guardians shall participate in the development of the case plan.
   (B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law.  However, they shall also be
advised that the parent's or guardian's failure to cooperate, except
for good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
   (12) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing.  Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan.  If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
   (13) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include documentation of the steps the agency is taking to find an
adoptive family or other permanent living arrangements for the child;
to place the child with an adoptive family, an appropriate and
willing relative, a legal guardian, or in another planned permanent
living arrangement; and to finalize the adoption or legal
guardianship.  At a minimum, the documentation shall include child
specific recruitment efforts, such as the use of state, regional, and
national adoption exchanges, including electronic exchange systems,
when the child has been freed for adoption.
   (h) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
and the child's prospective adoptive parents, if applicable, be
provided with information necessary to accomplish this visitation.
This section does not require or prohibit the social worker's
facilitation, transportation, or supervision of visits between the
child and his or her siblings.
   (i) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
   (j) The department, in consultation with the County Welfare
Directors Association and other advocates, shall develop standards
and guidelines for a model relative placement search and assessment
process based on the criteria established in Section 361.3.  These
guidelines shall be incorporated in the training described in Section
16206.  These model standards and guidelines shall be developed by
March 1, 1999.
  SEC. 16.3.  Section 16501.1 of the Welfare and Institutions Code is
amended to read:
   16501.1.  (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
   (2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
   (b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
   (2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
   (3) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
   (4) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
   (c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, proximity to the child's
school, consistent with the selection of the environment best suited
to meet the child's special needs and best  interests, or both.  The
selection shall consider, in order of priority, placement with
relatives, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code.
   (2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school attendance area.
   (d) A written case plan shall be completed within 30 days of the
initial removal of the child or of the in-person response required
under subdivision (f) of Section 16501 if the child has not been
removed from his or her home, or by the date of the dispositional
hearing pursuant to Section 358, whichever occurs first.  The case
plan shall be updated, as the service needs of the child and family
dictate.  At a minimum, the case plan shall be updated in conjunction
with each status review hearing conducted pursuant to Section
366.21, and the hearing conducted pursuant to Section 366.26, but no
less frequently than once every six months.  Each updated case plan
shall include a description of the services that have been provided
to the child under the plan and an evaluation of the appropriateness
and effectiveness of those services.
   (e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
   (f) The case plan shall be developed as follows:
   (1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention.
   (2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
   (3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
   (4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers.  The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social service
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative at least
every 12 months and submit a report to the court on each visit.  For
children in out-of-state group home facilities, visits shall be
conducted at least monthly, pursuant to Section 16516.5.  At least
once every six months, at the time of a regularly scheduled social
worker contact with the foster child, the child's social worker shall
inform the child of his or her rights as a foster child, as
specified in Section 16001.9.  The social worker shall provide the
information to the child in a manner appropriate to the age or
developmental level of the child.
   (5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan.  The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
   (B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002.  If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being.  These significant life events shall include,
but shall not be limited to, the following:
   (A) The death of an immediate relative.
   (B) The birth of a sibling.
   (C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
   (7) If out-of-home placement is made in a foster family home,
group home or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child.  When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
   (8) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings.  This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation.  If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
   (B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (9) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider the importance of developing and
maintaining sibling relationships pursuant to Section 16002, and the
desire and willingness of the caregiver to provide legal permanency
for the child if reunification is unsuccessful.
   (10) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest.  A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
   (11) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan.  In any voluntary service or
placement agreement, the parents or legal guardians shall be required
to review and sign the case plan.  Whenever possible, parents and
legal guardians shall participate in the development of the case
plan.
   (B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services
                case plan shall constitute an admission of guilt or
be used as evidence against the parent or legal guardian in a court
of law.  However, they shall also be advised that the parent's or
guardian's failure to cooperate, except for good cause, in the
provision of services specified in the child welfare services case
plan may be used in any hearing held pursuant to Section 366.21 or
366.22 as evidence.
   (12) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing.  Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan.  If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
   (13) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include documentation of the steps the agency is taking to find an
adoptive family or other permanent living arrangements for the child;
to place the child with an adoptive family, an appropriate and
willing relative, a legal guardian, or in another planned permanent
living arrangement; and to finalize the adoption or legal
guardianship.  At a minimum, the documentation shall include child
specific recruitment efforts, such as the use of state, regional, and
national adoption exchanges, including electronic exchange systems,
when the child has been freed for adoption.
   (g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation.  This section does not require or
prohibit the social worker's facilitation, transportation, or
supervision of visits between the child and his or her siblings.
   (h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
   (i) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
   (j) The department, in consultation with the County Welfare
Directors Association and other advocates, shall develop standards
and guidelines for a model relative placement search and assessment
process based on the criteria established in Section 361.3.  These
guidelines shall be incorporated in the training described in Section
16206.  These model standards and guidelines shall be developed by
March 1, 1999.
  SEC. 16.4.  Section 16501.1 of the Welfare and Institutions Code is
amended to read:
   16501.1.  (a) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
   (b) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers as appropriate in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.  A case plan
shall be based upon the principles set forth in this section and
shall document that a preplacement assessment of the service needs of
the child and family, and preplacement preventive services, have
been provided, and that reasonable efforts to prevent out-of-home
placement have been made.  In determining the reasonable services to
be offered or provided, the child's health and safety shall be the
paramount concerns.  Reasonable services shall be offered or provided
to make it possible for a child to return to a safe home
environment, unless, pursuant to subdivisions (b) and (e) of Section
361.5, the court determines that reunification services shall not be
provided.  If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
   (c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, proximity to the child's
school, consistent with the selection of the environment best suited
to meet the child's special needs and best interest, or both.  The
selection shall consider, in order of priority, placement with
relatives, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code.
   (2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school attendance area.
   (d) As used in subdivisions (b) and (c), a home or setting that is
"safe" means that the home or setting is free from abuse or neglect,
as described in Section 11165.5 of the Penal Code.
   (e) A written case plan shall be completed within 30 days of the
initial removal of the child or of the in-person response required
under subdivision (f) of Section 16501 if the child has not been
removed from his or her home, or by the date of the dispositional
hearing pursuant to Section 358, whichever occurs first.  The case
plan shall be updated, as the service needs of the child and family
dictate.  At a minimum, the case plan shall be updated in conjunction
with each status review hearing conducted pursuant to Section
366.21, and the hearing conducted pursuant to Section 366.26, but no
less frequently than once every six months.  Each updated case plan
shall include a description of the services that have been provided
to the child under the plan and an evaluation of the appropriateness
and effectiveness of those services.
   (f) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
   (g) The case plan shall be developed as follows:
   (1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention.
   (2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
   (3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
   (4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers.  The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative at least
every 12 months and submit a report to the court on each visit.  For
children in out-of-state group home facilities, visits shall be
conducted at least monthly, pursuant to Section 16516.5.  At least
once every six months, at the time of a regularly scheduled social
worker contact with the foster child, the child's social worker shall
inform the child of his or her rights as a foster child, as
specified in Section 16001.9.  The social worker shall provide the
information to the child in a manner appropriate to the age or
developmental level of the child.
   (5) When out-of-home services are used, the frequency of contact
between the natural parents or legal guardians and the child shall be
specified in the case plan.  The frequency of those contacts shall
reflect overall case goals, and consider other principles outlined in
this section.
   (6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002.  If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being.  These significant life events shall include,
but shall not be limited to, the following:
   (A) The death of an immediate relative.
   (B) The birth of a sibling.
   (C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
   (7) If out-of-home placement is made in a foster family home,
group home or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child.  When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
   (8) If out-of-home services are used, or if parental rights have
been terminated and the case plan is placement for adoption, the case
plan shall include a recommendation regarding the appropriateness of
unsupervised visitation between the child and any of the child's
siblings.  This recommendation shall include a statement regarding
the child's and the siblings' willingness to participate in
unsupervised visitation.  If the case plan includes a recommendation
for unsupervised sibling visitation, the plan shall also note that
information necessary to accomplish this visitation has been provided
to the child or to the child's siblings.
   (9) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider the importance of developing and
maintaining sibling relationships pursuant to Section 16002.
   (10) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest.  A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
   (11) (A) Parents and legal guardians shall have an opportunity to
review the case plan, sign it whenever possible, and then shall
receive a copy of the plan.  In any voluntary service or placement
agreement, the parents or legal guardians shall be required to review
and sign the case plan.  Whenever possible, parents and legal
guardians shall participate in the development of the case plan.
   (B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law.  However, they shall also be
advised that the parent's or guardian's failure to cooperate, except
for good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
   (12) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing.  Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan.  If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
   (13) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include documentation of the steps the agency is taking to find an
adoptive family or other permanent living arrangements for the child;
to place the child with an adoptive family, an appropriate and
willing relative, a legal guardian, or in another planned permanent
living arrangement; and to finalize the adoption or legal
guardianship.  At a minimum, the documentation shall include child
specific recruitment efforts, such as the use of state, regional, and
national adoption exchanges, including electronic exchange systems,
when the child has been freed for adoption.
   (14) When appropriate, for a child who is 16 years of age or
older, the case plan shall include a written description of the
programs and services that will help the child prepare for the
transition from foster care to independent living.  The case plan
shall be developed with the child and individuals identified as
important to the child, and shall include steps the agency is taking
to ensure that the child has a connection to a caring adult.
   (h) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
and the child's prospective adoptive parents, if applicable, be
provided with information necessary to accomplish this visitation.
This section does not require or prohibit the social worker's
facilitation, transportation, or supervision of visits between the
child and his or her siblings.
   (i) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
   (j) When a child who is 10 years of age or older has been in
out-of-home placement in a group home for six months or longer from
the date the child entered foster care, the case plan shall include
an identification of individuals, other than the child's siblings,
who are important to the child and actions necessary to maintain the
child's relationship with those individuals, provided that those
relationships are in the best interest of the child.  The social
worker shall ask every child who is 10 years of age or older who is
placed in a group home to identify any individuals other than the
child's siblings who are important to the child, and may ask any
child who is younger than 10 years of age to provide that
information, as appropriate.  The social worker shall make efforts to
identify other individuals who are important to the child,
consistent with the child's best interests.
   (k) The department, in consultation with the County Welfare
Directors Association and other advocates, shall develop standards
and guidelines for a model relative placement search and assessment
process based on the criteria established in Section 361.3.  These
guidelines shall be incorporated in the training described in Section
16206.  These model standards and guidelines shall be developed by
March 1, 1999.
  SEC. 16.5.  Section 16501.1 of the Welfare and Institutions Code is
amended to read:
   16501.1.  (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
   (2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
   (b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
   (2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
   (3) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
   (4) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
   (c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, proximity to the child's
school, consistent with the selection of the environment best suited
to meet the child's special needs and best interests, or both.  The
selection shall consider, in order of priority, placement with
relatives, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code.
   (2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school attendance area.
   (d) A written case plan shall be completed within 30 days of the
initial removal of the child or of the in-person response required
under subdivision (f) of Section 16501 if the child has not been
removed from his or her home, or by the date of the dispositional
hearing pursuant to Section 358, whichever occurs first.  The case
plan shall be updated, as the service needs of the child and family
dictate.  At a minimum, the case plan shall be updated in conjunction
with each status review hearing conducted pursuant to Section
366.21, and the hearing conducted pursuant to Section 366.26, but no
less frequently than once every six months.  Each updated case plan
shall include a description of the services that have been provided
to the child under the plan and an evaluation of the appropriateness
and effectiveness of those services.
   (e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
   (f) The case plan shall be developed as follows:
   (1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention.
   (2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
   (3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
   (4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers.  The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative at least
every 12 months and submit a report to the court on each visit.  For
children in out-of-state group home facilities, visits shall be
conducted at least monthly, pursuant to Section 16516.5.  At least
once every six months, at the time of a regularly scheduled social
worker contact with the foster child, the child's social worker shall
inform the child of his or her rights as a foster child, as
specified in Section 16001.9.  The social worker shall provide the
information to the child in a manner appropriate to the age or
developmental level of the child.
   (5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan.  The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
   (B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002.  If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being.  These significant life events shall include,
but shall not be limited to, the following:
   (A) The death of an immediate relative.
   (B) The birth of a sibling.
   (C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
   (7) If out-of-home placement is made in a foster family home,
group home or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child.  When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
   (8) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings.  This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation.  If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
   (B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (9) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider the importance of developing and
maintaining sibling relationships pursuant to Section 16002, and the
desire and willingness of the caregiver to provide legal permanency
for the child if reunification is unsuccessful.
   (10) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is
                      not in the child's best interest.  A
determination completed or updated within the past 12 months by the
department when it is acting as an adoption agency or by a licensed
adoption agency that it is unlikely that the child will be adopted,
or that one of the conditions described in paragraph (1) of
subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
   (11) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan.  In any voluntary service or
placement agreement, the parents or legal guardians shall be required
to review and sign the case plan.  Whenever possible, parents and
legal guardians shall participate in the development of the case
plan.
   (B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law.  However, they shall also be
advised that the parent's or guardian's failure to cooperate, except
for good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
   (12) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing.  Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan.  If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
   (13) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include documentation of the steps the agency is taking to find an
adoptive family or other permanent living arrangements for the child;
to place the child with an adoptive family, an appropriate and
willing relative, a legal guardian, or in another planned permanent
living arrangement; and to finalize the adoption or legal
guardianship.  At a minimum, the documentation shall include child
specific recruitment efforts, such as the use of state, regional, and
national adoption exchanges, including electronic exchange systems,
when the child has been freed for adoption.
   (14) When appropriate, for a child who is 16 years of age or
older, the case plan shall include a written description of the
programs and services that will help the child prepare for the
transition from foster care to independent living.  The case plan
shall be developed with the child and individuals identified as
important to the child, and shall include steps the agency is taking
to ensure that the child has a connection to a caring adult.
   (g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation.  This section does not require or
prohibit the social worker's facilitation, transportation, or
supervision of visits between the child and his or her siblings.
   (h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
   (i) When a child who is 10 years of age or older has been in
out-of-home placement in a group home for six months or longer from
the date the child entered foster care, the case plan shall include
an identification of individuals, other than the child's siblings,
who are important to the child and actions necessary to maintain the
child's relationship with those individuals, provided that those
relationships are in the best interest of the child.  The social
worker shall ask every child who is 10 years of age or older who is
not placed in a group home to identify any individuals other than the
child's siblings who are important to the child, and may ask any
child who is younger than 10 years of age to provide that
information, as appropriate.  The social worker shall make efforts to
identify other individuals who are important to the child,
consistent with the child's best interests.
   (j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
   (k) The department, in consultation with the County Welfare
Directors Association and other advocates, shall develop standards
and guidelines for a model relative placement search and assessment
process based on the criteria established in Section 361.3.  These
guidelines shall be incorporated in the training described in Section
16206.  These model standards and guidelines shall be developed by
March 1, 1999.
  SEC. 16.6.  Section 16501.1 of the Welfare and Institutions Code is
amended to read:
   16501.1.  (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
   (2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
   (b) (1) A case plan shall be based upon the principles set forth
in this section and shall document that a preplacement assessment of
the service needs of the child and family, and preplacement
preventive services, have been provided, and that reasonable efforts
to prevent out-of-home placement have been made.
   (2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
   (3) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
   (4) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
   (c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, proximity to the child's
school, consistent with the selection of the environment best suited
to meet the child's special needs and best interests, or both.  The
selection shall consider, in order of priority, placement with
relatives, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code.
   (2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school attendance area.
   (d) As used in subdivisions (b) and (c), a home or setting that is
"safe" means that the home or setting is free from abuse or neglect,
as described in Section 11165.5 of the Penal Code.
   (e) A written case plan shall be completed within 30 days of the
initial removal of the child or of the in-person response required
under subdivision (f) of Section 16501 if the child has not been
removed from his or her home, or by the date of the dispositional
hearing pursuant to Section 358, whichever occurs first.  The case
plan shall be updated, as the service needs of the child and family
dictate.  At a minimum, the case plan shall be updated in conjunction
with each status review hearing conducted pursuant to Section
366.21, and the hearing conducted pursuant to Section 366.26, but no
less frequently than once every six months.  Each updated case plan
shall include a description of the services that have been provided
to the child under the plan and an evaluation of the appropriateness
and effectiveness of those services.
   (f) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
   (g) The case plan shall be developed as follows:
   (1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention.
   (2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
   (3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
   (4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers.  The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social service
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative at least
every 12 months and submit a report to the court on each visit.  For
children in out-of-state group home facilities, visits shall be
conducted at least monthly, pursuant to Section 16516.5.  At least
once every six months, at the time of a regularly scheduled social
worker contact with the foster child, the child's social worker shall
inform the child of his or her rights as a foster child, as
specified in Section 16001.9.  The social worker shall provide the
information to the child in a manner appropriate to the age or
developmental level of the child.
   (5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan.  The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
   (B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002.  If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being.  These significant life events shall include,
but shall not be limited to, the following:
   (A) The death of an immediate relative.
   (B) The birth of a sibling.
   (C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
   (7) If out-of-home placement is made in a foster family home,
group home or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child.  When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
   (8) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings.  This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation.  If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
   (B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (9) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider the importance of developing and
maintaining sibling relationships pursuant to Section 16002, and the
desire and willingness of the caregiver to provide legal permanency
for the child if reunification is unsuccessful.
   (10) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest.  A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
   (11) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan.  In any voluntary service or
placement agreement, the parents or legal guardians shall be required
to review and sign the case plan.  Whenever possible, parents and
legal guardians shall participate in the development of the case
plan.
   (B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law.  However, they shall also be
advised that the parent's or guardian's failure to cooperate, except
for good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
   (12) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing.  Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan.  If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
   (13) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include documentation of the steps the agency is taking to find an
adoptive family or other permanent living arrangements for the child;
to place the child with an adoptive family, an appropriate and
willing relative, a legal guardian, or in another planned permanent
living arrangement; and to finalize the adoption or legal
guardianship.  At a minimum, the documentation shall include child
specific recruitment efforts, such as the use of state, regional, and
national adoption exchanges, including electronic exchange systems,
when the child has been freed for adoption.
   (h) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation.  This section does not require or
prohibit the social worker's facilitation, transportation, or
supervision of visits between the child and his or her siblings.
   (i) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
   (j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
   (k) The department, in consultation with the County Welfare
Directors Association and other advocates, shall develop standards
and guidelines for a model relative placement search and assessment
process based on the criteria established in Section 361.3.  These
guidelines shall be incorporated in the training described in Section
16206.  These model standards and guidelines shall be developed by
March 1, 1999.
  SEC. 16.7.  Section 16501.1 of the Welfare and Institutions Code is
amended to read:
   16501.1.  (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
   (2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
   (b) (1) A case plan shall be based upon the principles set forth
in this section and shall document that a preplacement assessment of
the service needs of the child and family, and preplacement
preventive services, have been provided, and that reasonable efforts
to prevent out-of-home placement have been made.
   (2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
   (3) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
   (4) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
   (c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, proximity to the child's
school, consistent with the selection of the environment best suited
to meet the child's special needs and best  interests, or both.  The
selection shall consider, in order of priority, placement with
relatives, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code.
   (2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school attendance area.
   (d) As used in subdivisions (b) and (c), a home or setting that is
"safe" means that the home or setting is free from abuse or neglect,
as described in Section 11165.5 of the Penal Code.
   (e) A written case plan shall be completed within 30 days of the
initial removal of the child or of the in-person response required
under subdivision (f) of Section 16501 if the child has not been
removed from his or her home, or by the date of the dispositional
hearing pursuant to Section 358, whichever occurs first.  The case
plan shall be updated, as the service needs of the child and family
dictate.  At a minimum, the case plan shall be updated in conjunction
with each status review hearing conducted pursuant to Section
366.21, and the hearing conducted pursuant to Section 366.26, but no
less frequently than once every six months.  Each updated case plan
shall include a description of the services that have been provided
to the child under the plan and an evaluation of the appropriateness
and effectiveness of those services.
   (f) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
   (g) The case plan shall be developed as follows:
   (1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention.
   (2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
   (3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
   (4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers.  The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative at least
every 12 months and submit a report to the court on each visit.  For
children in out-of-state group home facilities, visits shall be
conducted at least monthly, pursuant to Section 16516.5.  At least
once every six months, at the time of a regularly scheduled social
worker contact with the foster child, the child's social worker shall
inform the child of his or her rights as a foster child, as
specified in Section 16001.9.  The social worker shall provide the
information to the child in a manner appropriate to the age or
developmental level of the child.
   (5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan.  The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
   (B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002.  If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being.  These significant life events shall include,
but shall not be limited to, the following:
   (A) The death of an immediate relative.
   (B) The birth of a sibling.
   (C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes                                          in the permanent
plan.
   (7) If out-of-home placement is made in a foster family home,
group home or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child.  When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
   (8) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings.  This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation.  If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
   (B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (9) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider the importance of developing and
maintaining sibling relationships pursuant to Section 16002, and the
desire and willingness of the caregiver to provide legal permanency
for the child if reunification is unsuccessful.
   (10) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest.  A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
   (11) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan.  In any voluntary service or
placement agreement, the parents or legal guardians shall be required
to review and sign the case plan.  Whenever possible, parents and
legal guardians shall participate in the development of the case
plan.
   (B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law.  However, they shall also be
advised that the parent's or guardian's failure to cooperate, except
for good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
   (12) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing.  Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan.  If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
   (13) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include documentation of the steps the agency is taking to find an
adoptive family or other permanent living arrangements for the child;
to place the child with an adoptive family, an appropriate and
willing relative, a legal guardian, or in another planned permanent
living arrangement; and to finalize the adoption or legal
guardianship.  At a minimum, the documentation shall include child
specific recruitment efforts, such as the use of state, regional, and
national adoption exchanges, including electronic exchange systems,
when the child has been freed for adoption.
   (14) When appropriate, for a child who is 16 years of age or
older, the case plan shall include a written description of the
programs and services that will help the child prepare for the
transition from foster care to independent living.  The case plan
shall be developed with the child and individuals identified as
important to the child, and shall include steps the agency is taking
to ensure that the child has a connection to a caring adult.
   (h) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation.  This section does not require or
prohibit the social worker's facilitation, transportation, or
supervision of visits between the child and his or her siblings.
   (i) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
   (j) When a child who is 10 years of age or older has been in
out-of-home placement in a group home for six months or longer from
the date the child entered foster care, the case plan shall include
an identification of individuals, other than the child's siblings,
who are important to the child and actions necessary to maintain the
child's relationship with those individuals, provided that those
relationships are in the best interest of the child.  The social
worker shall ask every child who is 10 years of age or older who is
placed in group home to identify any individuals other than the child'
s siblings who are important to the child, and may ask any child who
is younger than 10 years of age to provide that information, as
appropriate.  The social worker shall make efforts to identify other
individuals who are important to the child, consistent with the child'
s best interests.
   (k) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
   (l) The department, in consultation with the County Welfare
Directors Association and other advocates, shall develop standards
and guidelines for a model relative placement search and assessment
process based on the criteria established in Section 361.3.  These
guidelines shall be incorporated in the training described in Section
16206.  These model standards and guidelines shall be developed by
March 1, 1999.
  SEC. 17.  Section 16.1 of this bill incorporates amendments to
Section 16501.1 of the Welfare and Institutions Code proposed by both
this bill and AB 408.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2004,
and AB 1151 and SB 591 are not enacted or do not amend Section
16501.1 of the Welfare and Institutions Code, (2) each bill amends
Section 16501.1 of the Welfare and Institutions Code, and (3) this
bill is enacted after AB 408, in which case Sections 16, 16.2, 16.3,
16.4, 16.5, and 16.6 of this bill shall not become operative.
  SEC. 18.  Section 16.2 of this bill incorporates amendments to
Section 16501.1 of the Welfare and Institutions Code proposed by both
this bill and AB 1151.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2004,
and AB 408 and SB 591 are not enacted or do not amend Section 16501.1
of the Welfare and Institutions Code, (2) each bill amends Section
16501.1 of the Welfare and Institutions Code, and (3) this bill is
enacted after AB 1151, in which case Sections 16, 16.1, 16.3, 16.4,
16.5, 16.6, and 16.7 of this bill shall not become operative.
  SEC. 19.  Section 16.3 of this bill incorporates amendments to
Section 16501.1 of the Welfare and Institutions Code proposed by both
this bill and SB 591.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2004,
and AB 408 and AB 1151 are not enacted or do not amend Section
16501.1 of the Welfare and Institutions Code (2) each bill amends
Section 16501.1 of the Welfare and Institutions Code, and (3) this
bill is enacted after AB 490, in which case Sections 16, 16.1, 16.2,
16.4, 16.5, 16.6, and 16.7 of this bill shall not become operative.

  SEC. 20.  Section 16.4 of this bill incorporates amendments to
Section 16501.1 of the Welfare and Institutions Code proposed by this
bill, AB 408, and AB 1151.  It shall only become operative if (1)
these 3 bills are enacted and become effective on or before January
1, 2004, and SB 591 is not enacted or does not amend Section 16501 of
the Welfare and Institutions Code, (2) each bill amends Section
16501.1 of the Welfare and Institutions Code, and (3) this bill is
enacted after AB 408 and AB 1151, in which case Sections 16, 16.1,
16.2, 16.3, 16.5, 16.6, and 16.7 of this bill shall not become
operative.
  SEC. 21.  Section 16.5 of this bill incorporates amendments to
Section 16501.1 of the Welfare and Institutions Code proposed by this
bill, AB 408, and SB 591.  It shall only become operative if (1)
these 3 bills are enacted and become effective on or before January
1, 2004, and AB 1151 is not enacted or does not amend Section 16501
of the Welfare and Institutions Code, (2) each bill amends Section
16501.1 of the Welfare and Institutions Code, and (3) this bill is
enacted after AB 408 and SB 591, in which case Sections 16, 16.1,
16.2, 16.3, 16.4, 16.6, and 16.7 of this bill shall not become
operative.
  SEC. 22.  Section 16.6 of this bill incorporates amendments to
Section 16501.1 of the Welfare and Institutions Code proposed by this
bill, AB 1151, and SB 591.  It shall only become operative if (1)
these 2 bills are enacted and become effective on or before January
1, 2004, and AB 408 is not enacted or does not amend Section 16501.1
of the Welfare and Institutions Code (2) each bill amends Section
16501.1 of the Welfare and Institutions Code, and (3) this bill is
enacted after AB 1151 and SB 591, which case Sections 16, 16.1, 16.2,
16.3, 16.4, 16.5, and 16.7 of this bill shall not become operative.

  SEC. 1.7.
  SEC. 24.  Section 16.7 of this bill incorporates amendments to
Section 16501.1 of the Welfare and Institutions Code proposed by both
this bill, AB 408, AB 1151, and SB 591.  It shall only become
operative if (1) all 4 bills are enacted and become effective on or
before January 1, 2004, (2) each bill amends Section 16501.1 of the
Welfare and Institutions Code, and (3) this bill is enacted after AB
408, AB 1151, and SB 591, in which case Sections 16, 16.1, 16.2,
16.3, 16.4, 16.5, and 16.6 of this bill shall not become operative.

  SEC. 25.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
this act implements a federal law or regulation and results only in
costs mandated by the federal government, within the meaning of
Section 17556 of the Government Code.