BILL NUMBER: AB 1151 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 13, 2003
AMENDED IN ASSEMBLY MAY 1, 2003
INTRODUCED BY Assembly Member Dymally
FEBRUARY 21, 2003
An act to amend Section 911.4 of the Government Code, to amend
Section 1527.6 of the Health and Safety Code, and to amend
Section 827 Sections 827 and 16501.1 of, and to
add Section 16000.1 to, the Welfare and Institutions Code, relating
to foster care.
LEGISLATIVE COUNSEL'S DIGEST
AB 1151, as amended, Dymally. Foster care.
Existing law requires a claim for personal injury against a public
entity, which includes the state, the Regents of the University of
California, a county, city, district, public authority, public
agency, and any other political subdivision or public corporation in
the state, or against an employee of a public entity, to be presented
not later than 6 months after accrual of the cause of action.
Existing law provides that when a claim is not filed within the
6-month period, an application for leave to present the claim within
a reasonable time not to exceed one year after the accrual of the
cause of action may be filed in accordance with specified provisions.
Existing law provides that the time during which a person is
detained or adjudged a dependent child of the juvenile court pursuant
to certain provisions of law shall, under certain circumstances, not
be counted in that one-year period.
This bill would provide that the time during which a minor is
adjudged to be a dependent child of the juvenile court, pursuant to
certain provisions of law, shall not be counted in that one-year
period if the minor is without a guardian ad litem or conservator for
purposes of filing civil actions.
Existing law establishes the Foster Family Home and Small Family
Home Insurance Fund within the State Department of Social Services to
pay on behalf of foster family homes and small family homes, claims
of foster children, their parents, guardians, and guardians ad litem
resulting from occurrences peculiar to the foster-care relationship
and the provision of foster-care services. Existing law requires
that any claim against the fund filed by a foster parent or a 3rd
party be submitted to the fund within the applicable period of
limitation for the appropriate civil action underlying the claim.
Existing law provides that if a person entitled to bring an action
under specified laws is, at the time the cause of action accrued,
either a minor or insane, the time of this disability is not part of
the time limited for the commencement of the action.
This bill would provide that a claim against the fund filed by a
foster parent or 3rd party is subject to the latter provision
described above that extends the limitation of time for the
commencement of an action for a minor.
Under existing law, juvenile court records are generally
confidential, with certain limited exceptions. Existing law requires
the release to the public of juvenile case files that pertain to a
deceased dependent child of the juvenile court, pursuant to an order
by the juvenile court after a petition has been filed and interested
parties have been afforded an opportunity to file an objection.
Existing law authorizes the presiding judge of the juvenile court to
issue an order prohibiting or limiting access to the juvenile case
file under certain circumstances.
This bill would provide that after the death of a minor foster
child any member of the public may inquire and shall receive
, designated information regarding that child
without having to obtain a court order. The bill would
provide that this information is a public record and is not
confidential shall be subject to disclosure pursuant
to the California Public Records Act .
Existing law requires that if a child is removed from the physical
custody of his or her parents, preferential consideration be given
to a request by a relative of the child for placement of the child
with the relative.
Existing law sets forth the policy of the state that all children
placed in foster care have certain rights, and requires social
workers and facilities providing social services to children in
foster care to provide those children with information regarding
those rights.
This bill would declare legislative intent to abrogate
the holding that nothing in the decision of the
California Court of Appeal in County of Los Angeles v. Superior
Court of Los Angeles: Real Party in Interest Terrell R. (2002) 102
Cal.App.4th 627, to the extent that decision affected shall
beheld to change the standards of liability or immunity for
injuries to children in protective custody, and to reinstate
the judicial interpretation of liability and immunity as
it they existed prior to that decision,
and to confirm the state's duty to comply with all requirements
under certain federal law that are relevant to the protection and
welfare of children in foster care.
Existing law relating to the establishment of a case plan for a
child in foster care expresses a policy that these children be in a
safe home or out-of-home setting.
This bill would specify that "safe" for these purposes means a
home or setting that is free from abuse, as described in specified
existing law. The bill would make a legislative finding that the
definition of safe contained in the bill is declaratory of existing
law.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the Duty to
Foster Children Reaffirmation Act.
SEC. 2. Section 911.4 of the Government Code is amended to read:
911.4. (a) When a claim that is required by Section 911.2 to be
presented not later than six months after the accrual of the cause of
action is not presented within that time, a written application may
be made to the public entity for leave to present that claim.
(b) The application shall be presented to the public entity as
provided in Article 2 (commencing with Section 915) within a
reasonable time not to exceed one year after the accrual of the cause
of action and shall state the reason for the delay in presenting the
claim. The proposed claim shall be attached to the application.
(c) In computing the one-year period under subdivision (b), the
following shall apply:
(1) The time during which the person who sustained the alleged
injury, damage, or loss as a minor shall be counted, but the time
during which he or she is mentally incapacitated and does not have a
guardian or conservator of his or her person shall not be counted.
(2) The time shall not be counted during which the person is
detained or adjudged to be a dependent child of the juvenile court
under the Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing
with Section 200) of Part 1 of Division 2 of the Welfare and
Institutions Code), if both of the following conditions exist:
(A) The person is in the custody and control of an agency of the
public entity to which a claim is to be presented.
(B) The public entity or its agency having custody and control of
the minor is required by statute or other law to make a report of
injury, abuse, or neglect to either the juvenile court or the minor's
attorney, and that entity or its agency fails to make this report
within the time required by the statute or other enactment, with this
time period to commence on the date on which the public entity or
its agency becomes aware of the injury, neglect, or abuse. In
circumstances where the public entity or its agency makes a late
report, the claim period shall be tolled for the period of the delay
caused by the failure to make a timely report.
(3) The time shall not be counted during which a minor is adjudged
to be a dependent child of the juvenile court under the
Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section
200) of Part 1 of Division 2 of the Welfare and Institutions Code),
if the minor is without a guardian ad litem or conservator for
purposes of filing civil actions.
SEC. 3. Section 1527.6 of the Health and Safety Code is amended to
read:
1527.6. (a) Any claim against the fund shall be filed with the
fund in accordance with claims procedures and on forms prescribed by
the State Department of Social Services or its designated contract
agency.
(b) Any claim against the fund filed by a foster parent or a third
party shall be submitted to the fund within the applicable period of
limitations for the appropriate civil action underlying the claim,
subject to Section 352 of the Code of Civil Procedure as that section
applies to a minor. If a claim is not submitted to the fund within
the applicable time, there shall be no recourse against the fund.
(c) The department shall approve or reject a claim within 180 days
after it is presented.
(d) No person may bring a civil action against a foster parent for
which the fund is liable unless that person has first filed a claim
against the fund and the claim has been rejected, or the claim has
been filed, approved, and paid, and damages in excess of the payment
are claimed.
SEC. 4. Section 827 of the Welfare and Institutions Code is
amended to read:
827. (a) (1) Except as provided in Section 828, a case file may
be inspected only by the following:
(A) Court personnel.
(B) The district attorney, a city attorney, or a city prosecutor
authorized to prosecute criminal or juvenile cases under state law.
(C) The minor who is the subject of the proceeding.
(D) His or her parents or guardian.
(E) The attorneys for the parties, judges, referees, and other
hearing officers, probation officers, and law enforcement officers
who are actively participating in criminal or juvenile proceedings
involving the minor.
(F) The superintendent or designee of the school district where
the minor is enrolled or attending school.
(G) Members of the agencies authorized to receive mandated reports
of suspected child abuse or neglect under Section 11165.9 of the
Penal Code.
(H) The State Department of Social Services to carry out its
duties pursuant to Division 9 (commencing with Section 10000), and
Part 5 (commencing with Section 7900) of Division 12 of the Family
Code, to oversee and monitor county child welfare agencies, children
in foster care or receiving foster care assistance, and out-of-state
placements.
(I) To authorized legal staff or special investigators who are
peace officers who are employed by, or who are authorized
representatives of, the State Department of Social Services, as
necessary to the performance of their duties to inspect, license, and
investigate community care facilities, and to ensure that the
standards of care and services provided in those facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facilities are subject. The
confidential information shall remain confidential except for
purposes of inspection, licensing, or investigation pursuant to
Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing
with Section 1596.70) of Division 2 of the Health and Safety Code, or
a criminal, civil, or administrative proceeding in relation thereto.
The confidential information may be used by the State Department of
Social Services in a criminal, civil, or administrative proceeding.
The confidential information shall be available only to the judge or
hearing officer and to the parties to the case. Names that are
confidential shall be listed in attachments separate to the general
pleadings. The confidential information shall be sealed after the
conclusion of the criminal, civil, or administrative hearings, and
shall not subsequently be released except in accordance with this
subdivision. If the confidential information does not result in a
criminal, civil, or administrative proceeding, it shall be sealed
after the State Department of Social Services decides that no further
action will be taken in the matter of suspected licensing
violations. Except as otherwise provided in this subdivision,
confidential information in the possession of the State Department of
Social Services shall not contain the name of the minor.
(J) Members of children's multidisciplinary teams, persons or
agencies providing treatment or supervision of the minor.
(K) A judge, commissioner, or other hearing officer assigned to a
family law case with issues concerning custody or visitation, or
both, involving the minor, and the following persons, if actively
participating in the family law case: a family court mediator
assigned to a case involving the minor pursuant to Article 1
(commencing with Section 3160) of Chapter 11 of Part 2 of Division 8
of the Family Code, a court-appointed evaluator or a person
conducting a court-connected child custody evaluation, investigation,
or assessment pursuant to Section 3118 of the Family Code, and
counsel appointed for the minor in the family law case pursuant to
Section 3150 of the Family Code. Prior to allowing counsel appointed
for the minor in the family law case to inspect the file, the court
clerk may require counsel to provide a certified copy of the court
order appointing him or her as the minor's counsel.
(L) Juvenile justice commissions as established under Section 225.
The confidentiality provisions of Section 10850 shall apply to a
juvenile justice commission and its members.
(M) Any other person who may be designated by court order of the
judge of the juvenile court upon filing a petition.
(2) (A) Notwithstanding any other law and subject to subparagraph
(A) of paragraph (3), juvenile case files, except those relating to
matters within the jurisdiction of the court pursuant to Section 601
or 602, that pertain to a deceased child who was within the
jurisdiction of the juvenile court pursuant to Section 300, shall be
released to the public pursuant to an order by the juvenile court
after a petition has been filed and interested parties have been
afforded an opportunity to file an objection. Any information
relating to another child or that could identify another child,
except for information about the deceased, shall be redacted from the
juvenile case file prior to release, unless a specific order is made
by the juvenile court to the contrary. Except as provided in this
paragraph, the presiding judge of the juvenile court may issue an
order prohibiting or limiting access to the juvenile case file, or
any portion thereof, of a deceased child only upon a showing that
release of the juvenile case file or any portion thereof is
detrimental to the safety, protection, or physical, or emotional
well-being of another child who is directly or indirectly connected
to the juvenile case that is the subject of the petition.
(B) Notwithstanding subparagraph (A), after the death of a foster
child who is a minor, any member of the public may inquire and shall
receive information regarding the child's name, date of birth, and
cause of death, without having to obtain a court order.
Notwithstanding any other law, this information shall be a public
record and shall not be confidential.
(B) Notwithstanding subparagraph (A), after the death of the
foster child who is a minor, the name, date of birth, and date of
death of the child shall be subject to disclosure pursuant to the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code).
(3) Access to juvenile case files pertaining to matters within the
jurisdiction of the juvenile court pursuant to Section 300 shall be
limited as follows:
(A) If a juvenile case file, or any portion thereof, is privileged
or confidential pursuant to any other state law or federal law or
regulation, the requirements of that state law or federal law or
regulation prohibiting or limiting release of the juvenile case file
or any portions thereof shall prevail. Unless a person is listed in
subparagraphs (A) to (L), inclusive, of paragraph (1) and is entitled
to access under the other state law or federal law or regulation
without a court order, all those seeking access, pursuant to other
authorization, to portions of, or information relating to the
contents of, juvenile case files protected under another state law or
federal law or regulation, shall petition the juvenile court. The
juvenile court may only release the portion of, or information
relating to the contents of, juvenile case files protected by another
state law or federal law or regulation if disclosure is not
detrimental to the safety, protection, or physical or emotional
well-being of a child who is directly or indirectly connected to the
juvenile case that is the subject of the petition. This paragraph
shall not be construed to limit the ability of the juvenile court to
carry out its duties in conducting juvenile court proceedings.
(B) Prior to the release of the juvenile case file or any portion
thereof, the court shall afford due process, including a notice of
and an opportunity to file an objection to the release of the record
or report to all interested parties.
(4) A juvenile case file, any portion thereof, and information
relating to the content of the juvenile case file, shall not be
disseminated by the receiving agencies to any persons or agencies,
other than those persons or agencies authorized to receive documents
pursuant to this section. Further, a juvenile case file, any portion
thereof, and information relating to the content of the juvenile
case file, shall not be made as an attachment to any other documents
without the prior approval of the presiding judge of the juvenile
court, unless it is used in connection with and in the course of a
criminal investigation or a proceeding brought to declare a person a
dependent child or ward of the juvenile court.
(b) (1) While the Legislature reaffirms its belief that juvenile
court records, in general, should be confidential, it is the intent
of the Legislature in enacting this subdivision to provide for a
limited exception to juvenile court record confidentiality to promote
more effective communication among juvenile courts, family courts,
law enforcement agencies, and schools to ensure the rehabilitation of
juvenile criminal offenders as well as to lessen the potential for
drug use, violence, other forms of delinquency, and child abuse.
(2) (A) Notwithstanding subdivision (a), written notice that a
minor enrolled in a public school, kindergarten to grade 12,
inclusive, has been found by a court of competent jurisdiction to
have committed any felony or any misdemeanor involving curfew,
gambling, alcohol, drugs, tobacco products, carrying of weapons, a
sex offense listed in Section 290 of the Penal Code, assault or
battery, larceny, vandalism, or graffiti shall be provided by the
court, within seven days, to the superintendent of the school
district of attendance. Written notice shall include only the
offense found to have been committed by the minor and the disposition
of the minor's case. This notice shall be expeditiously transmitted
by the district superintendent to the principal at the school of
attendance. The principal shall expeditiously disseminate the
information to those counselors directly supervising or reporting on
the behavior or progress of the minor. In addition, the principal
shall disseminate the information to any teacher or administrator
directly supervising or reporting on the behavior or progress of the
minor whom the principal believes needs the information to work with
the pupil in an appropriate fashion, to avoid being needlessly
vulnerable or to protect other persons from needless vulnerability.
(B) Any information received by a teacher, counselor, or
administrator under this paragraph shall be received in confidence
for the limited purpose of rehabilitating the minor and protecting
students and staff, and shall not be further disseminated by the
teacher, counselor, or administrator, except insofar as communication
with the juvenile, his or her parents or guardians, law enforcement
personnel, and the juvenile's probation officer is necessary to
effectuate the juvenile's rehabilitation or to protect students and
staff.
(C) An intentional violation of the confidentiality provisions of
this paragraph is a misdemeanor punishable by a fine not to exceed
five hundred dollars ($500).
(3) If a minor is removed from public school as a result of the
court's finding described in subparagraph (A) of paragraph (2), the
superintendent shall maintain the information in a confidential file
and shall defer transmittal of the information received from the
court until the minor is returned to public school. If the minor is
returned to a school district other than the one from which the minor
came, the parole or probation officer having jurisdiction over the
minor shall so notify the superintendent of the last district of
attendance, who shall transmit the notice received from the court to
the superintendent of the new district of attendance.
(c) Each probation report filed with the court concerning a minor
whose record is subject to dissemination pursuant to subdivision (b)
shall include on the face sheet the school at which the minor is
currently enrolled. The county superintendent shall provide the
court with a listing of all of the schools within each school
district, within the county, along with the name and mailing address
of each district superintendent.
(d) Each notice sent by the court pursuant to subdivision (b)
shall be stamped with the instruction: "Unlawful Dissemination Of
This Information Is A Misdemeanor." Any information received from
the court shall be kept in a separate confidential file at the school
of attendance and shall be transferred to the minor's subsequent
schools of attendance and maintained until the minor graduates from
high school, is released from juvenile court jurisdiction, or reaches
the age of 18, whichever occurs first. After that time the
confidential record shall be destroyed. At any time after the date
by which a record required to be destroyed by this section should
have been destroyed, the minor or his or her parent or guardian shall
have the right to make a written request to the principal of the
school that the minor's school records be reviewed to ensure that the
record has been destroyed. Upon completion of any requested review
and no later than 30 days after the request for the review was
received, the principal or his or her designee shall respond in
writing to the written request and either shall confirm that the
record has been destroyed or, if the record has not been destroyed,
shall explain why destruction has not yet occurred.
(e) Except as provided in paragraph (2) of subdivision (b), no
liability shall attach to any person who transmits or fails to
transmit any notice or information required under subdivision (b).
(f) For purposes of this section, a "juvenile case file" means a
petition filed in any juvenile court proceeding, reports of the
probation officer, and all other documents filed in that case or made
available to the probation officer in making his or her report, or
to the judge, referee, or other hearing officer, and thereafter
retained by the probation officer, judge, referee, or other hearing
officer.
SEC. 5. Section 16000.1 is added to the Welfare and Institutions
Code, to read:
16000.1. (a) The Legislature finds and declares all of the
following:
(1) The state has a special duty to care for and protect the
children that the state places into foster care.
(2) A judicial order establishing jurisdiction over a child placed
into foster care supplants or limits parental or previous adult
authority.
(3) Accordingly, the state assumes an obligation of the highest
order to ensure the safety of children in foster care.
(b) It is the intent of the Legislature to do both of the
following:
(1) Abrogate the holding in County of Los Angeles v. Superior
Court of Los Angeles: Real Party in Interest Terrell R. (2002) 102
Cal.App.4th 627, to the extent that decision affected liability or
immunity for injuries to children in protective custody, and to
reinstate the judicial interpretation of liability and immunity as it
existed prior to that decision.
(2) Confirm
(b) (1) It is the intent of the Legislature that nothing in the
decision of the California Court of Appeal in County of Los Angeles
v. Superior Court of Los Angeles: Real Party in Interest Terrell R.
(2002) 102 Cal.App.4th 627, shall be held to change the standards of
liability and immunity for injuries to children in protective
custody that existed prior to that decision.
(2) It is the intent of the Legislature to confirm the state'
s duty to comply with all requirements under Part B of Title IV of
the Social Security Act (42 U.S.C. Sec. 620 et seq.) and Part E of
Title IV of the Social Security Act (42 U.S.C. Sec. 670 et seq.) that
are relevant to the protection and welfare of children in foster
care.
SEC. 6. 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) When 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, 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.
(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, 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.
(e)
(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.
(f)
(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) When 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) When out-of-home services are used, or when 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) When 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) When 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. When 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) When 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)
(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. Nothing in this section shall be construed to require
or prohibit the social worker's facilitation, transportation, or
supervision of visits between the child and his or her siblings.
(h)
(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.
(i)
(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. 7. The Legislature finds and declares that the amendments to
Section 16501.1 of the Welfare and Institutions Code made by Section
6 of this act are declaratory of existing law.