BILL NUMBER: AB 1913	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2004
	AMENDED IN ASSEMBLY  APRIL 14, 2004

INTRODUCED BY   Assembly Member Cohn

                        FEBRUARY 9, 2004

   An act to amend Section 319 of, to amend and repeal Section 309
of, and to repeal and amend Section 361.4 of, the Welfare and
Institutions Code, relating to foster care.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1913, as amended, Cohn.  Foster care providers:  evaluation and
criminal records checks.
   (1) Existing law sets forth circumstances under which a minor may
be adjudged a dependent child of the juvenile court, and establishes
procedures to determine the temporary placement of a dependent child.

   Existing law authorizes temporary placement of a minor child in
the home of an able and willing relative, or an able and willing
nonrelative extended family member, upon completion of an assessment
of the suitability of the relative or nonrelative extended family
member by the county welfare department.  Under existing law, the
standards the home of a nonrelative extended family member for the
placement of a child is required to be the same standards as set
forth in regulations for licensing foster family homes. Under
existing law, these provisions become inoperative and are to be
replaced with similar provisions on January 1, 2006.
   Existing law separately provides for Aid to Families with
Dependent Children (AFDC) for children who have been removed from
their homes in certain instances.
   This bill would delete the date upon which the above provisions
become inoperative and would repeal the alternative provisions.  The
bill would require, immediately following the placement of a child in
the home of a relative or a nonrelative extended family member, that
the county welfare department evaluate and approve or deny the home
for purposes of AFDC-FC eligibility.  By expanding the duties of
county welfare departments in this regard, the bill would impose a
state-mandated local program.
   (2) Existing law requires the county social worker to visit the
home of a relative or prospective guardian who is not a licensed or
certified foster parent, prior to placing the child in that home, to
ascertain the appropriateness of the placement.  Existing law also
requires the court or county social worker to initiate a state and
federal criminal records check through the California Law Enforcement
Telecommunications System, and within 5 days after that to initiate
a fingerprint clearance check of the person through the Department of
Justice.  Existing law requires the court and county social worker
to consider the home of the person for placement of the child, if the
fingerprint clearance check indicates that the person has no
criminal record.  Existing law provides until January 1, 2005, that
the child shall not be placed in the home of the person if the
fingerprint clearance check indicates that the person has been
convicted of a crime that would preclude licensure as a community
care facility, unless a criminal records exemption approved by the
Director of Social Services has been granted by the county.
   This bill would revise these provisions, including authorizing the
placement of a child, based on the results of the criminal records
check, instead of the fingerprint clearance check, and would make
other, technical changes.
  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


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


  SECTION 1.  Section 309 of the Welfare and Institutions Code, as
amended by Section 3 of Chapter 918 of the Statutes of 2002, is
amended to read:
   309.  (a) Upon delivery to the social worker of a child who has
been taken into temporary custody under this article, the social
worker shall immediately investigate the circumstances of the child
and the facts surrounding the child's being taken into custody and
attempt to maintain the child with the child's family through the
provision of services.  The social worker shall immediately release
the child to the custody of the child's parent, guardian, or
responsible relative unless one or more of the following conditions
exist:
   (1) The child has no parent, guardian, or responsible relative; or
the child's parent, guardian, or responsible relative is not willing
to provide care for the child.
   (2) Continued detention of the child is a matter of immediate and
urgent necessity for the protection of the child and there are no
reasonable means by which the child can be protected in his or her
home or the home of a responsible relative.
   (3) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
   (4) The child has left a placement in which he or she was placed
by the juvenile court.
   (5) The parent or other person having lawful custody of the child
voluntarily surrendered physical custody of the child pursuant to
Section 1255.7 of the Health and Safety Code and did not reclaim the
child within the 14-day period specified in subdivision (e) of that
section.
   (b) In any case in which there is reasonable cause for believing
that a child who is under the care of a physician or surgeon or a
hospital, clinic, or other medical facility and cannot be immediately
moved is a person described in Section 300, the child shall be
deemed to have been taken into temporary custody and delivered to the
social worker for the purposes of this chapter while the child is at
the office of the physician or surgeon or the medical facility.
   (c) If the child is not released to his or her parent or guardian,
the child shall be deemed detained for purposes of this chapter.
   (d) (1) If an able and willing relative, as defined in Section
319, or an able and willing nonrelative extended family member, as
defined in Section 362.7, is available and requests temporary
placement of the child pending the detention hearing, the county
welfare department shall initiate an assessment of the relative's or
nonrelative extended family member's suitability, which shall include
an in-home inspection to assess the safety of the home and the
ability of the relative or nonrelative extended family member to care
for the child's needs, and a consideration of the results of a
criminal records check conducted pursuant to Section 16504.5 and a
check of allegations of prior child abuse or neglect concerning the
relative or nonrelative extended family member and other adults in
the home.  Upon completion of this assessment, the child may be
placed in the  assessed  home.
   (2) Immediately following the placement of a child in the home of
a relative or a nonrelative extended family member, the county
welfare department shall evaluate and approve or deny the home for
purposes of AFDC-FC eligibility pursuant to Section 11402.  The
standards used to evaluate and grant or deny approval of the home of
the relative and of the home of a nonrelative extended family member,
as described in Section 362.7, shall be the same standards set forth
in regulations for the licensing of foster family homes which
prescribe standards of safety and sanitation for the physical plant
and standards for basic personal care, supervision, and services
provided by the caregiver.
   (3) If a relative or nonrelative extended family member meets all
other conditions for approval, except for the receipt of the Federal
Bureau of Investigation's criminal history information for the
relative or nonrelative extended family member, and other adults in
the home, as indicated, the county welfare department may approve the
home and document that approval, if the relative or nonrelative
extended family member, and each adult in the home, has signed and
submitted a statement that he or she has never been convicted of a
crime in the United States, other than a traffic infraction as
defined in paragraph (1) of subdivision (a) of Section 42001 of the
Vehicle Code.  If, after the approval has been granted, the
department determines that the relative or nonrelative extended
family member or other adult in the home has a criminal record, the
approval may be terminated.
  SEC. 2.  Section 309 of the Welfare and Institutions Code, as
amended by Section 4 of Chapter 918 of the Statutes of 2002, is
repealed.
  SEC. 3.  Section 319 of the Welfare and Institutions Code is
amended to read:
   319.  (a) At the initial petition hearing, the court shall examine
the child's parents, guardians, or other persons having relevant
knowledge and hear the relevant evidence as the child, the child's
parents or guardians, the petitioner, or their counsel desires to
present.  The court may examine the child, as provided in Section
350.
   (b) The social worker shall report to the court on the reasons why
the child has been removed from the parent's custody; the need, if
any, for continued detention; the available services and the referral
methods to those services that could facilitate the return of the
child to the custody of the child's parents or guardians; and whether
there are any relatives who are able and willing to take temporary
custody of the child.  The court shall order the release of the child
from custody unless a prima facie showing has been made that the
child comes within Section 300, the court finds that continuance in
the parent's or guardian's home is contrary to the child's welfare,
and any of the following circumstances exist:
   (1) There is a substantial danger to the physical health of the
child or the child is suffering severe emotional damage, and there
are no reasonable means by which the child's physical or emotional
health may be protected without removing the child from the parents'
or guardians' physical custody.
   (2) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
   (3) The child has left a placement in which he or she was placed
by the juvenile court.
   (4) The child indicates an unwillingness to return home, if the
child has been physically or sexually abused by a person residing in
the home.
   (c) If the matter is continued pursuant to Section 322 or for any
other reason, the court shall find that the continuance of the child
in the parent's or guardian's home is contrary to the child's welfare
at the initial petition hearing or order the release of the child
from custody.
   (d) (1) The court shall also make a determination on the record,
referencing the social worker's report or other evidence relied upon,
as to whether reasonable efforts were made to prevent or eliminate
the need for removal of the child from his or her home, pursuant to
subdivision (b) of Section 306, and whether there are available
services that would prevent the need for further detention.  Services
to be considered for purposes of making this determination are case
management, counseling, emergency shelter care, emergency in-home
caretakers, out-of-home respite care, teaching and demonstrating
homemakers, parenting training, transportation, and any other child
welfare services authorized by the State Department of Social
Services pursuant to Chapter 5 (commencing with Section 16500) of
Part 4 of Division 9. The court shall also review whether the social
worker has considered whether a referral to public assistance
services pursuant to Chapter 2 (commencing with Section 11200) and
Chapter 7 (commencing with Section 14000) of Part 3, Chapter 1
(commencing with Section 17000) of Part 5, and Chapter 10 (commencing
with Section 18900) of Part 6 of Division 9 would have eliminated
the need to take temporary custody of the child or would prevent the
need for further detention.
   (2) If the child can be returned to the custody of his or her
parent or guardian through the provision of those services, the court
shall place the child with his or her parent or guardian and order
that the services shall be provided.  If the child cannot be returned
to the custody of his or her parent or guardian, the court shall
determine if there is a relative who is able and willing to care for
the child, and has been assessed pursuant to paragraph (1) of
subdivision (d) of Section 309.
   (e) Whenever a court orders a child detained, the court shall
state the facts on which the decision is based, shall specify why the
initial removal was necessary, shall reference the social worker's
report or other evidence relied upon to make its determination
whether continuance in the home of the parent or legal guardian in
contrary to the child's welfare, shall order temporary placement and
care of the child to be vested with the county child welfare
department pending the hearing held pursuant to Section 355 or
further order of the court, and shall order services to be provided
as soon as possible to reunify the child and his or her family if
appropriate.
   (f) When the child is not released from custody, the court may
order that the child shall be placed in the assessed home of a
relative, in an emergency shelter or other suitable licensed place,
in a place exempt from licensure designated by the juvenile court, or
in the assessed home of a nonrelative extended family member as
defined in Section 362.7 for a period not to exceed 15 judicial days.

   As used in this section, "relative" means an adult who is related
to the child by blood, adoption, or affinity within the fifth degree
of kinship, including stepparents, stepsiblings, and all relatives
whose status is preceded by the words "great," "great-great," or
"grand," or the spouse of any of these persons, even if the marriage
was terminated by death or dissolution.  However, only the following
relatives shall be given preferential consideration for placement of
the child:  an adult who is a grandparent, aunt, uncle, or sibling of
the child.
   The court shall consider the recommendations of the social worker
based on the approval of the relative's home, including the results
of a criminal records check and prior child abuse allegations, if
any, prior to ordering that the child be placed with a relative.  The
court shall order the parent to disclose to the social worker the
names, residences, and any known identifying information of any
maternal or paternal relatives of the child.  The social worker shall
initiate the assessment pursuant to Section 361.3 of any relative to
be considered for continuing placement.
  SEC. 4.  Section 361.4 of the Welfare and Institutions Code, as
amended by Section 5 of Chapter 918 of the Statutes of 2002, is
repealed.
  SEC. 5.  Section 361.4 of the Welfare and Institutions Code, as
amended by Section 6 of Chapter 918 of the Statutes of 2002, is
amended to read:
   361.4.  (a) Prior to placing a child in the home of a relative, or
the home of any prospective guardian or other person who is not a
licensed or certified foster parent, the county social worker shall
visit the home to ascertain the appropriateness of the placement.
   (b) Whenever a child may be placed in the home of a relative, or
the home of any prospective guardian or other person who is not a
licensed or certified foster parent, the court or county social
worker placing the child shall cause a state and federal level
criminal records check to be conducted by an appropriate governmental
agency through the California Law Enforcement Telecommunications
System (CLETS) pursuant to Section 16504.5.  The criminal records
check shall be conducted with regard to all persons over the age of
18 years living in the home, and on any other person over the age of
18 years, other than professionals providing professional services to
the child, known to the placing entity who may have significant
contact with the child, including any person who has a familial or
intimate relationship with any person living in the home.  A criminal
records check may be conducted pursuant to this section on any
person over the age of 14 years living in the home who the county
social worker believes may have a criminal record.  Within five
judicial days following the criminal records check conducted through
the California Law Enforcement Telecommunications System, the social
worker shall ensure that a fingerprint clearance check of the
relative and any other person whose criminal record was obtained
pursuant to this subdivision is initiated through the Department of
Justice to ensure the accuracy of the criminal records check
conducted through the California Law Enforcement Telecommunications
System and shall review the results of any criminal records check to
assess the safety of the home.  The Department of Justice shall
forward fingerprint requests for federal level criminal history
information to the Federal Bureau of Investigation pursuant to this
section.
   (c) Whenever a child may be placed in the home of a relative, or a
prospective guardian or other person who is not a licensed or
certified foster parent, the county social worker shall cause a check
of the Child Abuse Index pursuant to subdivision (a) of Section
11170 of the Penal Code to be requested from the Department of
Justice.  The Child Abuse Index check shall be conducted on all
persons over the age of 18 years living in the home.
   (d) (1) If the criminal records check indicates that the person
has no criminal record, the county social worker and court may
consider the home of the relative, prospective guardian, or other
person who is not a licensed or certified foster parent for placement
of a child.
   (2) If the criminal records check indicates that the person has
been convicted of a crime that would preclude licensure under Section
1522 of the Health and Safety Code, the child may not be placed in
the home, unless a criminal records exemption has been granted by the
county, based on substantial and convincing evidence to support a
reasonable belief that the person with the criminal conviction is of
such good character as to justify the placement and not present a
risk of harm to the child.
  SEC. 6.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.