BILL NUMBER: AB 579	CHAPTERED  09/29/03

	CHAPTER  558
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2003
	PASSED THE SENATE  SEPTEMBER 10, 2003
	AMENDED IN SENATE  SEPTEMBER 8, 2003
	AMENDED IN ASSEMBLY  MARCH 26, 2003

INTRODUCED BY   Assembly Member Chu

                        FEBRUARY 18, 2003

   An act to amend Sections 290.1, 290.2, 291, 292, 293, 294, 295,
and 366.21 of the Welfare and Institutions Code, relating to
dependent children.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 579, Chu.  Dependent children:  notice to siblings.
   Existing law authorizes the juvenile court to adjudge a minor who
has been abused or neglected, or who meets other specified criteria,
to be a dependent child of the court.  Existing law requires the
court to conduct various hearings regarding children who are, or who
may become, dependent children.  Existing law requires the probation
officer, the social worker, or the clerk of the court to provide
notice of those hearings to certain persons, including parents,
guardians, the child, if he or she is 10 years of age or older, adult
relatives under certain conditions, and attorneys for the parents or
guardians, as specified.
   This bill would require the probation officer, social worker, or
the clerk of the court to provide notice, as specified, of the
hearings to any known sibling 10 years of age or older of the child
who is the subject of the hearing, and to the attorney for that
sibling.  By imposing new duties on probation officers and social
workers, the bill would create a state-mandated local program.
   This bill would incorporate additional changes to Section 294 of
the Welfare and Institutions Code proposed by AB 44, to become
operative only if both bills are chaptered and become effective on or
before January 1, 2004, and this bill is chaptered last.  The bill
would also incorporate additional changes to Section 366.21 of the
Welfare and Institutions Code proposed by AB 408, to become operative
only if both bills are chaptered and become effective on or before
January 1, 2004, and this bill is chaptered last.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


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


  SECTION 1.  Section 290.1 of the Welfare and Institutions Code is
amended to read:
   290.1.  If the probation officer or social worker determines that
the child shall be retained in custody, he or she shall immediately
file a petition pursuant to Section 332 with the clerk of the
juvenile court, who shall set the matter for hearing on the detention
hearing calendar.  The probation officer or social worker shall
serve notice as prescribed in this section.
   (a) Notice shall be given to the following persons whose
whereabouts are known or become known prior to the initial petition
hearing:
   (1) The mother.
   (2) The father or fathers, presumed and alleged.
   (3) The legal guardian or guardians.
   (4) The child, if the child is 10 years of age or older.
   (5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court.  If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney.  If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney.  However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (6) If there is no parent or guardian residing in California, or
if the residence is unknown, then to any adult relative residing
within the county or if none, the adult relative residing nearest the
court.
   (7) The attorney for the parent or parents, or legal guardian or
guardians.
   (8) The district attorney, if the district attorney has notified
the clerk of the court that he or she wishes to receive the petition,
containing the time, date, and place of the hearing.
   (9) The probate department of the superior court that appointed
the guardian, if the child is a ward of a guardian appointed pursuant
to the Probate Code.
   (10) If the court knows or has reason to know that an Indian child
is involved, then to the Indian custodian and the tribe of that
child.  If the identity or location of the parent or Indian custodian
and the tribe cannot be determined, notice shall be given to the
Bureau of Indian Affairs.
   (b) No notice is required for a parent whose parental rights have
been terminated.
   (c) The notice shall be given as soon as possible after the filing
of the petition.  In the case of an Indian child, if notice is given
to the Bureau of Indian Affairs, the bureau shall have 15 days after
receipt to provide the requisite notice to the parent or Indian
custodian and the tribe.
   (d) The notice of the initial petition hearing shall include all
of the following:
   (1) The date, time, and place of the hearing.
   (2) The name of the child.
   (3) A copy of the petition.
   (e) Service of the notice shall be written or oral.  If the person
being served cannot read, notice shall be given orally.  In the case
of an Indian child, notice to the Bureau of Indian Affairs, if
necessary, shall be by registered mail, return receipt requested.
  SEC. 2.  Section 290.2 of the Welfare and Institutions Code is
amended to read:
   290.2.  Upon the filing of a petition by a probation officer or
social worker, the clerk of the juvenile court shall issue notice, to
which shall be attached a copy of the petition, and he or she shall
cause the same to be served as prescribed in this section.
   (a) Notice shall be given to the following persons whose address
is known or becomes known prior to the initial petition hearing:
   (1) The mother.
   (2) The father or fathers, presumed and alleged.
   (3) The legal guardian or guardians.
   (4) The child, if the child is 10 years of age or older.
   (5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court.  If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney.  If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney.  However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (6) If there is no parent or guardian residing in California, or
if the residence is unknown, to any adult relative residing within
the county or if none, the adult relative residing nearest the court.

   (7) Upon reasonable notification by counsel representing the
child, parent, or guardian, the clerk of the court shall give notice
to that counsel as soon as possible.
   (8) The district attorney, if the district attorney has notified
the clerk of the court that he or she wishes to receive the petition,
containing the time, date, and place of the hearing.
   (9) The probate department of the superior court that appointed
the guardian, if the child is a ward of a guardian appointed pursuant
to the Probate Code.
   (10) If the court knows or has reason to know that an Indian child
is involved, then to the Indian custodian and the tribe of that
child.  If the identity or location of the parent or Indian custodian
and the tribe cannot be determined, notice shall be given to the
Bureau of Indian Affairs.
   (b) No notice is required for a parent whose parental rights have
been terminated.
   (c) Notice shall be served as follows:
   (1) If the child is retained in custody, the notice shall be given
to the persons required to be noticed as soon as possible, and at
least five days before the hearing, unless the hearing is set to be
heard in less than five days in which case notice shall be given at
least 24 hours prior to the hearing.
   (2) If the child is not retained in custody, the notice shall be
given to those persons required to be noticed at least 10 days prior
to the date of the hearing.  If any person who is required to be
given notice is known to reside outside of the county, the clerk of
the juvenile court shall mail the notice and copy of the petition by
first-class mail, to that person as soon as possible after the filing
of the petition and at least 10 days before the time set for
hearing.  Failure to respond to the notice is not cause for an arrest
or detention.  In the instance of a failure to appear after notice
by first-class mail, the court shall direct that the notice and copy
of the petition be personally served on all persons required to
receive the notice and copy of the petition.  For these purposes,
personal service of the notice and copy of the petition outside of
the county at least 10 days before the time set for hearing is
equivalent to service by first-class mail.  Service may be waived by
any person by a voluntary appearance entered in the minutes of the
court or by a written waiver of service filed with the clerk of the
court at, or prior to, the hearing.
   (3) In the case of an Indian child, if notice is given to the
Bureau of Indian Affairs, the bureau shall have 15 days after receipt
to provide the requisite notice to the parent or Indian custodian
and the tribe.
   (d) The notice of the initial petition hearing shall include all
of the following:
   (1) The date, time, and place of the hearing.
   (2) The name of the child.
   (3) A copy of the petition.
   (e) In the case of an Indian child, notice to the Bureau of Indian
Affairs, if necessary, shall be by registered mail, return receipt
requested.
  SEC. 3.  Section 291 of the Welfare and Institutions Code is
amended to read:
   291.  After the initial petition hearing, the clerk of the court
shall cause the notice to be served in the following manner:
   (a) Notice of the hearing shall be given to the following persons:

   (1) The mother.
   (2) The father or fathers, presumed and alleged.
   (3) The legal guardian or guardians.
   (4) The child, if the child is 10 years of age or older.
   (5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court.  If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney.  If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney.  However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (6) Each attorney of record unless counsel of record is present in
court when the hearing is scheduled, then no further notice need be
given.
   (7) If there is no parent or guardian residing in California, or
if the residence is unknown, then to any adult relative residing
within the county or if none, the adult relative residing nearest the
court.
   (8) If the court knows or has reason to know that an Indian child
is involved, then to the Indian custodian and the tribe of that
child.  If the identity or location of the parent or Indian custodian
and the tribe cannot be determined, notice shall be given to the
Bureau of Indian Affairs.
   (b) No notice is required for a parent whose parental rights have
been terminated.
   (c) Notice shall be served as follows:
   (1) If the child is detained, the notice shall be given to the
persons required to be noticed as soon as possible, and at least five
days before the hearing, unless the hearing is set less than five
days and then at least 24 hours prior to the hearing.
   (2) If the child is not detained, the notice shall be given to
those persons required to be noticed at least 10 days prior to the
date of the hearing.
   (3) In the case of an Indian child, notice is to be given no less
than 10 days before the hearing.  If notice is given to the Bureau of
Indian Affairs, the bureau shall have 15 days after receipt to
provide the requisite notice to the parent or Indian custodian and
the tribe.
   (d) The notice shall include all of the following:
   (1) The name and address of the person notified.
   (2) The nature of the hearing.
   (3) Each section and subdivision under which the proceeding has
been initiated.
   (4) The date, time, and place of the hearing.
   (5) The name of the child upon whose behalf the petition has been
brought.
   (6) A statement that:
   (A) If they fail to appear, the court may proceed without them.
   (B) The child, parent, guardian, Indian custodian, or adult
relative to whom notice is required to be given is entitled to have
an attorney present at the hearing.
   (C) If the parent, guardian, Indian custodian, or adult relative
is indigent and cannot afford an attorney, and desires to be
represented by an attorney, the parent, guardian, Indian custodian,
or adult relative shall promptly notify the clerk of the juvenile
court.
   (D) If an attorney is appointed to represent the parent, guardian,
Indian custodian, or adult relative, the represented person shall be
liable for all or a portion of the costs to the extent of his or her
ability to pay.
   (E) The parent, guardian, Indian custodian, or adult relative may
be liable for the costs of support of the child in any out-of-home
placement.
   (7) A copy of the petition.
   (8) In the case of an Indian child, the notice shall contain a
statement that the parent or Indian custodian and the tribe have a
right to intervene at any point in the proceedings.  The notice shall
also include a statement that the parent or Indian custodian and the
tribe shall, upon request, be granted up to 20 additional days to
prepare for the proceedings.
   (e) Service of the notice of the hearing shall be given in the
following manner:
   (1) If the child is detained and the persons required to be
noticed are not present at the initial petition hearing, they shall
be noticed by personal service or by certified mail, return receipt
requested.
   (2) If the child is detained and the persons required to be
noticed are present at the initial petition hearing, they shall be
noticed by personal service or by first-class mail.
   (3) If the child is not detained, the persons required to be
noticed shall be noticed by personal service or by first-class mail,
unless the person to be served is known to reside outside the county,
in which case service shall be by first-class mail.
   (4) In the case of an Indian child, notice shall be by registered
mail, return receipt requested.
   (f) Any of the notices required to be given under this section or
Sections 290.1 and 290.2 may be waived by a party in person or
through his or her attorney, or by a signed written waiver filed on
or before the date scheduled for the hearing.
  SEC. 4.  Section 292 of the Welfare and Institutions Code is
amended to read:
   292.  The social worker or probation officer shall give notice of
the review hearing held pursuant to Section 364 in the following
manner:
   (a) Notice of the hearing shall be given to the following persons:

   (1) The mother.
   (2) The presumed father or any father receiving services.
   (3) The legal guardian or guardians.
   (4) The child, if the child is 10 years of age or older.
   (5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court.  If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney.  If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney.  However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (6) Each attorney of record, if that attorney was not present at
the time that the hearing was set by the court.
   (7) If the court knows or has reason to know that an Indian child
is involved, then to the Indian custodian and the tribe of that
child.  If the identity or location of the parent or Indian custodian
and the tribe cannot be determined, notice shall be given to the
Bureau of Indian Affairs.
   (b) No notice is required for a parent whose parental rights have
been terminated.
   (c) The notice of the hearing shall be served not earlier than 30
days, nor later than 15 days, before the hearing.  In the case of an
Indian child, if notice is given to the Bureau of Indian Affairs, the
bureau shall have 15 days after receipt to provide the requisite
notice to the parent or Indian custodian and the tribe.
   (d) (1) The notice shall contain a statement regarding the nature
of the hearing to be held and any change in the custody or status of
the child being recommended by the supervising agency.  The notice
shall also include a statement that the child and the parent or
parents or legal guardian or guardians have a right to be present at
the hearing, to be represented by counsel at the hearing and the
procedure for obtaining appointed counsel, and to present evidence
regarding the proper disposition of the case.  The notice shall also
state that if the parent or parents or legal guardian or guardians
fail to appear, the court may proceed without them.
   (2) In the case of an Indian child, the notice shall contain a
statement that the parent or Indian custodian and the tribe have a
right to intervene at any point in the proceedings.  The notice shall
also include a statement that the parent or Indian custodian and the
tribe shall, upon request, be granted up to 20 additional days to
prepare for the proceedings.
   (e) (1) Service of the notice shall be by personal service, by
first-class mail, or by certified mail, return receipt requested,
addressed to the last known address of the person to be noticed.
   (2) In the case of an Indian child, notice shall be by registered
mail, return receipt requested.
  SEC. 5.  Section 293 of the Welfare and Institutions Code is
amended to read:
   293.  The social worker or probation officer shall give notice of
the review hearings held pursuant to Section 366.21 or 366.22 in the
following manner:
   (a) Notice of the hearing shall be given to the following persons:

   (1) The mother.
   (2) The presumed father or any father receiving services.
   (3) The legal guardian or guardians.
   (4) The child, if the child is 10 years of age or older.
   (5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court.  If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney.  If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney.  However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (6) In the case of a child removed from the physical custody of
his or her parent or legal guardian, the foster parents, relative
caregivers, community care facility, or foster family agency having
physical custody of the child.
   (7) Each attorney of record if that attorney was not present at
the time that the hearing was set by the court.
   (8) If the court knows or has reason to know that an Indian child
is involved, then to the Indian custodian and the tribe of that
child.  If the identity or location of the parent or Indian custodian
and the tribe cannot be determined, notice shall be given to the
Bureau of Indian Affairs.
   (b) No notice is required for a parent whose parental rights have
been terminated.
   (c) The notice of hearing shall be served not earlier than 30
days, nor later than 15 days, before the hearing.  In the case of an
Indian child, if notice is given to the Bureau of Indian Affairs, the
bureau shall have 15 days after receipt to provide the requisite
notice to the parent or Indian custodian and the tribe.
   (d) (1) The notice shall contain a statement regarding the nature
of the hearing to be held and any change in the custody or status of
the child being recommended by the supervising agency.  If the notice
is to the child, parent or parents, or legal guardian or guardians,
the notice shall also advise them of the right to be present, the
right to be represented by counsel, the right to request counsel, and
the right to present evidence.  The notice shall also state that if
the parent or parents or legal guardian or guardians fail to appear,
the court may proceed without them.
   (2) In the case of an Indian child, the notice shall contain a
statement that the parent or Indian custodian and the tribe have a
right to intervene at any point in the proceedings.  The notice shall
also include a statement that the parent or Indian custodian and the
tribe shall, upon request, be granted up to 20 additional days to
prepare for the proceedings.
   (e) (1) Service of the notice shall be by first-class mail
addressed to the last known address of the person to be noticed or by
personal service on the person.  Service of a copy of the notice
shall be by personal service or by certified mail, return receipt
requested, or any other form of notice that is equivalent to service
by first-class mail.
   (2) In the case of an Indian child, notice shall be by registered
mail, return receipt requested.
   (f) Notice to a foster parent, a relative caregiver, a certified
foster parent who has been approved for adoption, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency or by a
licensed county adoption agency, shall indicate that the person
notified may attend all hearings or may submit any information he or
she deems relevant to the court in writing.
  SEC. 6.  Section 294 of the Welfare and Institutions Code is
amended to read:
   294.  The social worker or probation officer shall give notice of
a selection and implementation hearing held pursuant to Section
366.26 in the following manner:
   (a) Notice of the hearing shall be given to the following persons:

   (1) The mother.
   (2) The fathers, presumed and alleged.
   (3) The child, if the child is 10 years of age or older.
   (4) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court.  If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney.  If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney.  However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (5) The grandparents of the child, if their address is known and
if the parent's whereabouts are unknown.
   (6) All counsel of record.
   (7) If the court knows or has reason to know that an Indian child
is involved, then to the Indian custodian and the tribe of that
child.  If the identity or location of the parent or Indian custodian
and the tribe cannot be determined, notice shall be given to the
Bureau of Indian Affairs.
   (b) The following persons shall not be notified of the hearing:
   (1) A parent who has relinquished the child to the State
Department of Social Services or to a licensed adoption agency for
adoption, and the relinquishment has been accepted and filed with
notice as required under Section 8700 of the Family Code.
   (2) An alleged father who has denied paternity and has executed a
waiver of the right to notice of further proceedings.
   (3) A parent whose parental rights have been terminated.
   (c) (1) Service of the notice shall be completed at least 45 days
before the hearing date.  Service is deemed complete at the time the
notice is personally delivered to the person named in the notice or
10 days after the notice has been placed in the mail, or at the
expiration of the time prescribed by the order for publication.
   (2) In the case of an Indian child, notice to the Indian custodian
and the tribe shall be completed at least 10 days before the
hearing.
   (3) In the case of an Indian child, if notice is given to the
Bureau of Indian Affairs, the bureau shall have 15 days after receipt
to provide the requisite notice to the parent or Indian custodian
and the tribe.
   (d) Regardless of the type of notice required, or the manner in
which it is served, once the court has made the initial finding that
notice has properly been given to the parent, or to any person
entitled to receive notice pursuant to this section, subsequent
notice for any continuation of a Section 366.26 hearing may be by
first-class mail to any last known address.  However, if the
recommendation changes from the recommendation contained in the
notice previously found to be proper, notice shall be provided to the
parent, and to any person entitled to receive notice pursuant to
this section, regarding that subsequent hearing.
   (e) The notice shall contain the following information:
   (1) The date, time, and place of the hearing.
   (2) The right to appear.
   (3) The parent's right to counsel.
   (4) The nature of the proceedings.
   (5) The recommendation of the supervising agency.
   (6) A statement that, at the time of hearing, the court is
required to select a permanent plan of adoption, legal guardianship,
or long-term foster care for the child.
   (7) In the case of an Indian child, the notice shall contain a
statement that the parent or Indian custodian and the tribe have a
right to intervene at any point in the proceedings.  The notice shall
also include a statement that the parent or Indian custodian and the
tribe shall, upon request, be granted up to 20 additional days to
prepare for the proceedings.
   (f) Notice to the parents may be given in any one of the following
manners:
   (1) If the parent is present at the hearing at which the court
schedules a hearing pursuant to Section 366.26, the court shall
advise the parent of the date, time, and place of the proceedings,
their right to counsel, the nature of the proceedings, and the
requirement that at the proceedings the court shall select and
implement a plan of adoption, legal guardianship, or long-term foster
care for the child.  The court shall direct the parent to appear for
the proceedings and then direct that the parent be notified
thereafter by first-class mail to the parent's usual place of
residence or business only.
   (2) Certified mail, return receipt requested, to the parent's last
known mailing address.  This notice shall be sufficient if the child
welfare agency receives a return receipt signed by the parent.
   (3) Personal service to the parent named in the notice.
   (4) Delivery to a competent person who is at least 18 years of age
at the parent's usual place of residence or business, and thereafter
mailed to the parent named in the notice by first-class mail at the
place where the notice was delivered.
   (5) If the residence of the parent is outside the state, service
may be made as described in paragraph (1), (3), or (4) or by
certified mail, return receipt requested.
   (6) If the recommendation of the probation officer or social
worker is legal guardianship or long-term foster care, service may be
made by first-class mail to the parent's usual place of residence or
business.
   (7) If the parent's whereabouts are unknown and the parent cannot,
with reasonable diligence, be served in any manner specified in
paragraphs (1) to (6), inclusive, the petitioner shall file an
affidavit with the court at least 75 days before the hearing date,
stating the name of the parent and describing the efforts made to
locate and serve the parent.
   (A) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends adoption, service shall be to that parent'
s attorney of record, if any, by certified mail, return receipt
requested.  If the parent does not have an attorney of record, the
court shall order that service be made by publication of citation
requiring the parent to appear at the date, time, and place stated in
the citation, and that the citation be published in a newspaper
designated as most likely to give notice to the parent.  Publication
shall be made once a week for four consecutive weeks.  Whether notice
is to the attorney of record or by publication, the court shall also
order that notice be given to the grandparents of the child by
first-class mail.
   (B) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends legal guardianship
                     or long-term foster care, no further notice is
required to the parent, but the court shall order that notice be
given to the grandparents of the child by first-class mail.
   (C) In any case where the residence of the parent becomes known,
notice shall immediately be served upon the parent as provided for in
either paragraph (2), (3), (4), (5), or (6).
   (8) If the identity of one or both of the parents, or alleged
parents, of the child is unknown, or if the name of one or both
parents is uncertain, then that fact shall be set forth in the
affidavit and the court, if ordering publication, shall order the
published citation to be directed to either the father or mother, or
both, of the child, and to all persons claiming to be the father or
mother of the child, naming and otherwise describing the child.
   (g) Notice to the child and all counsel of record shall be by
first-class mail.
   (h) In the case of an Indian child, notice to the tribe shall be
by registered mail, return receipt requested.
   (i) Notwithstanding subdivision (a), if the attorney of record is
present at the time the court schedules a hearing pursuant to Section
366.26, no further notice is required, except as required by
subparagraph (A) of paragraph (7) of subdivision (f).
   (j) This section shall also apply to children adjudged wards
pursuant to Section 727.31.
  SEC. 6.5.  Section 294 of the Welfare and Institutions Code is
amended to read:
   294.  The social worker or probation officer shall give notice of
a selection and implementation hearing held pursuant to Section
366.26 in the following manner:
   (a) Notice of the hearing shall be given to the following persons:

   (1) The mother.
   (2) The fathers, presumed and alleged.
   (3) The child, if the child is 10 years of age or older.
   (4) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court.  If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney.  If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney.  However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (5) The grandparents of the child, if their address is known and
if the parent's whereabouts are unknown.
   (6)  All counsel of record.
   (7)  If the court knows or has reason to know that an Indian child
is involved, then to the Indian custodian and the tribe of that
child.  If the identity or location of the parent or Indian custodian
and the tribe cannot be determined, notice shall be given to the
Bureau of Indian Affairs.
   (b) The following persons shall not be notified of the hearing:
   (1) A parent who has relinquished the child to the State
Department of Social Services or to a licensed adoption agency for
adoption, and the relinquishment has been accepted and filed with
notice as required under Section 8700 of the Family Code.
   (2) An alleged father who has denied paternity and has executed a
waiver of the right to notice of further proceedings.
   (3) A parent whose parental rights have been terminated.
   (c) (1) Service of the notice shall be completed at least 45 days
before the hearing date.  Service is deemed complete at the time the
notice is personally delivered to the person named in the notice or
10 days after the notice has been placed in the mail, or at the
expiration of the time prescribed by the order for publication.
   (2) In the case of an Indian child, notice to the Indian custodian
and the tribe shall be completed at least 10 days before the
hearing.
   (3) In the case of an Indian child, if notice is given to the
Bureau of Indian Affairs, the bureau shall have 15 days after receipt
to provide the requisite notice to the parent or Indian custodian
and the tribe.
   (4) Service of notice in cases where publication is ordered shall
be completed at least 30 days before the date of the hearing.
   (d) Regardless of the type of notice required, or the manner in
which it is served, once the court has made the initial finding that
notice has properly been given to the parent, or to any person
entitled to receive notice pursuant to this section, subsequent
notice for any continuation of a Section 366.26 hearing may be by
first-class mail to any last known address, by an order made pursuant
to Section 296, or by any other means that the court determines is
reasonably calculated, under any circumstance, to provide notice of
the continued hearing.  However, if the recommendation changes from
the recommendation contained in the notice previously found to be
proper, notice shall be provided to the parent, and to any person
entitled to receive notice pursuant to this section, regarding that
subsequent hearing.
   (e) The notice shall contain the following information:
   (1) The date, time, and place of the hearing.
   (2) The right to appear.
   (3) The parent's right to counsel.
   (4) The nature of the proceedings.
   (5) The recommendation of the supervising agency.
   (6) A statement that, at the time of hearing, the court is
required to select a permanent plan of adoption, legal guardianship,
or long-term foster care for the child.
   (7) In the case of an Indian child, the notice shall contain a
statement that the parent or Indian custodian and the tribe have a
right to intervene at any point in the proceedings.  The notice shall
also include a statement that the parent or Indian custodian and the
tribe shall, upon request, be granted up to 20 additional days to
prepare for the proceedings.
   (f) Notice to the parents may be given in any one of the following
manners:
   (1) If the parent is present at the hearing at which the court
schedules a hearing pursuant to Section 366.26, the court shall
advise the parent of the date, time, and place of the proceedings,
their right to counsel, the nature of the proceedings, and the
requirement that at the proceedings the court shall select and
implement a plan of adoption, legal guardianship, or long-term foster
care for the child.  The court shall direct the parent to appear for
the proceedings and then direct that the parent be notified
thereafter by first-class mail to the parent's usual place of
residence or business only.
   (2) Certified mail, return receipt requested, to the parent's last
known mailing address.  This notice shall be sufficient if the child
welfare agency receives a return receipt signed by the parent.
   (3) Personal service to the parent named in the notice.
   (4) Delivery to a competent person who is at least 18 years of age
at the parent's usual place of residence or business, and thereafter
mailed to the parent named in the notice by first-class mail at the
place where the notice was delivered.
   (5) If the residence of the parent is outside the state, service
may be made as described in paragraph (1), (3), or (4) or by
certified mail, return receipt requested.
   (6) If the recommendation of the probation officer or social
worker is legal guardianship or long-term foster care, service may be
made by first-class mail to the parent's usual place of residence or
business.
   (7) If the parent's whereabouts are unknown and the parent cannot,
with reasonable diligence, be served in any manner specified in
paragraphs (1) to (6), inclusive, the petitioner shall file an
affidavit with the court at least 75 days before the hearing date,
stating the name of the parent and describing the efforts made to
locate and serve the parent.
   (A) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends adoption, service shall be to that parent'
s attorney of record, if any, by certified mail, return receipt
requested.  If the parent does not have an attorney of record, the
court shall order that service be made by publication of citation
requiring the parent to appear at the date, time, and place stated in
the citation, and that the citation be published in a newspaper
designated as most likely to give notice to the parent.  Publication
shall be made once a week for four consecutive weeks.  Whether notice
is to the attorney of record or by publication, the court shall also
order that notice be given to the grandparents of the child by
first-class mail.
   (B) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends legal guardianship or long-term foster
care, no further notice is required to the parent, but the court
shall order that notice be given to the grandparents of the child by
first-class mail.
   (C) In any case where the residence of the parent becomes known,
notice shall immediately be served upon the parent as provided for in
either paragraph (2), (3), (4), (5), or (6).
   (8) If the identity of one or both of the parents, or alleged
parents, of the child is unknown, or if the name of one or both
parents is uncertain, then that fact shall be set forth in the
affidavit and the court, if ordering publication, shall order the
published citation to be directed to either the father or mother, or
both, of the child, and to all persons claiming to be the father or
mother of the child, naming and otherwise describing the child.
   (g) Notice to the child and all counsel of record shall be by
first-class mail.
   (h) In the case of an Indian child, notice to the tribe shall be
by registered mail, return receipt requested.
   (i) Notwithstanding subdivision (a), if the attorney of record is
present at the time the court schedules a hearing pursuant to Section
366.26, no further notice is required, except as required by
subparagraph (A) of paragraph (7) of subdivision (f).
   (j) This section shall also apply to children adjudged wards
pursuant to Section 727.31.
  SEC. 7.  Section 295 of the Welfare and Institutions Code is
amended to read:
   295.  The social worker or probation officer shall give notice of
review hearings held pursuant to Section 366.3 in the following
manner:
   (a) Notice of the hearing shall be given to the following persons:

   (1) The mother.
   (2) The presumed father.
   (3) The legal guardian or guardians.
   (4) The child, if the child is 10 years of age or older.
   (5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court.  If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney.  If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney.  However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (6) The foster parents, Indian custodian, relative caregivers,
community care facility, or foster family agency having physical
custody of the child in the case of a child removed from the physical
custody of the parents or legal guardian.
   (7) The attorney of record if that attorney of record was not
present at the time that the hearing was set by the court.
   (8) The alleged father or fathers, but only if the recommendation
is to set a new hearing pursuant to Section 366.26.
   (9) If the court knows or has reason to know that an Indian child
is involved, then to the Indian custodian and the tribe of that
child.  If the identity or location of the parent or Indian custodian
and the tribe cannot be determined, notice shall be given to the
Bureau of Indian Affairs.
   (b) No notice is required for a parent whose parental rights have
been terminated.
   (c) The notice of the review hearing shall be served no earlier
than 30 days, nor later than 15 days, before the hearing.  In the
case of an Indian child, if notice is given to the Bureau of Indian
Affairs, the bureau shall have 15 days after receipt to provide the
requisite notice to the parent or Indian custodian and the tribe.
   (d) (1) The notice of the review hearing shall contain a statement
regarding the nature of the hearing to be held, any recommended
change in the custody or status of the child, and any recommendation
that the court set a new hearing pursuant to Section 366.26 in order
to select a more permanent plan.
   (2) In the case of an Indian child, the notice shall contain a
statement that the parent or Indian custodian and the tribe have a
right to intervene at any point in the proceedings.  The notice shall
also include a statement that the parent or Indian custodian and the
tribe shall, upon request, be granted up to 20 additional days to
prepare for the proceedings.
   (e) Service of notice shall be by first-class mail addressed to
the last known address of the person to be provided notice.  In the
case of an Indian child, notice shall be by registered mail, return
receipt requested.
   (f) If the child is ordered into a permanent plan of legal
guardianship, and subsequently a petition to terminate or modify the
guardianship is filed, the probation officer or social worker shall
serve notice of the petition not less than 15 court days prior to the
hearing on all persons listed in subdivision (a) and on the court
that established legal guardianship if it is in another county.
  SEC. 8.  Section 366.21 of the Welfare and Institutions Code is
amended to read:
   366.21.  (a) Every hearing conducted by the juvenile court
reviewing the status of a dependent child shall be placed on the
appearance calendar.  The court shall advise all persons present at
the hearing of the date of the future hearing and of their right to
be present and represented by counsel.
   (b) Except as provided in Sections 294 and 295, notice of the
hearing shall be provided pursuant to Section 293.
   (c) At least 10 calendar days prior to the hearing, the social
worker shall file a supplemental report with the court regarding the
services provided or offered to the parent or legal guardian to
enable him or her to assume custody and the efforts made to achieve
legal permanence for the child if efforts to reunify fail, the
progress made, and, where relevant, the prognosis for return of the
child to the physical custody of his or her parent or legal guardian,
and shall make his or her recommendation for disposition.  If the
child is a member of a sibling group described in paragraph (3) of
subdivision (a) of Section 361.5, the report and recommendation may
also take into account those factors described in subdivision (e)
relating to the child's sibling group.  If the recommendation is not
to return the child to a parent or legal guardian, the report shall
specify why the return of the child would be detrimental to the
child.  The social worker shall provide the parent or legal guardian
and counsel for the child with a copy of the report, including his or
her recommendation for disposition, at least 10 calendar days prior
to the hearing.  In the case of a child removed from the physical
custody of his or her parent or legal guardian, the social worker
shall, at least 10 calendar days prior to the hearing, provide a
summary of his or her recommendation for disposition to any
court-appointed child advocate, and any foster parents, relative
caregivers, certified foster parents who have been approved for
adoption by the State Department of Social Services when it is acting
as an adoption agency in counties that are not served by a county
adoption agency or by a licensed county adoption agency, community
care facility, or foster family agency having the physical custody of
the child.
   (d) Prior to any hearing involving a child in the physical custody
of a community care facility or a foster family agency that may
result in the return of the child to the physical custody of his or
her parent or legal guardian, or in adoption or the creation of a
legal guardianship, the facility or agency shall file with the court
a report containing its recommendation for disposition.  Prior to the
hearing involving a child in the physical custody of a foster
parent, a relative caregiver, or a certified foster parent who has
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency or by a licensed adoption
agency, the foster parent, relative caregiver, or the certified
foster parent who has been approved for adoption by the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency or by a
licensed county adoption agency, may file with the court a report
containing his or her recommendation for disposition.  The court
shall consider the report and recommendation filed pursuant to this
subdivision prior to determining any disposition.
   (e) At the review hearing held six months after the initial
dispositional hearing, the court shall order the return of the child
to the physical custody of his or her parent or legal guardian unless
the court finds, by a preponderance of the evidence, that the return
of the child 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 child.  The social worker shall have
the burden of establishing that detriment.  The failure of the parent
or legal guardian to participate regularly and make substantive
progress in court-ordered treatment programs shall be prima facie
evidence that return would be detrimental.  In making its
determination, the court shall review and consider the social worker'
s report and recommendations and the report and recommendations of
any child advocate appointed pursuant to Section 356.5; and shall
consider the efforts or progress, or both, demonstrated by the parent
or legal guardian and the extent to which he or she availed himself
or herself of services provided.
   Whether or not the child is returned to a parent or legal
guardian, the court shall specify the factual basis for its
conclusion that the return would be detrimental or would not be
detrimental.  The court also shall make appropriate findings pursuant
to subdivision (a) of Section 366; and, where relevant, shall order
any additional services reasonably believed to facilitate the return
of the child to the custody of his or her parent or legal guardian.
The court shall also inform the parent or legal guardian that if the
child cannot be returned home by the 12-month permanency hearing, a
proceeding pursuant to Section 366.26 may be instituted.  This
section does not apply in a case where, pursuant to Section 361.5,
the court has ordered that reunification services shall not be
provided.
   If the child was under the age of three years on the date of the
initial removal, or is a member of a sibling group described in
paragraph (3) of subdivision (a) of Section 361.5, and the court
finds by clear and convincing evidence that the parent failed to
participate regularly and make substantive progress in a
court-ordered treatment plan, the court may schedule a hearing
pursuant to Section 366.26 within 120 days.  If, however, the court
finds there is a substantial probability that the child, who was
under the age of three years on the date of initial removal or is a
member of a sibling group described in paragraph (3) of subdivision
(a) of Section 361.5, may be returned to his or her parent or legal
guardian within six months or that reasonable services have not been
provided, the court shall continue the case to the 12-month
permanency hearing.
   For the purpose of placing and maintaining a sibling group
together in a permanent home, the court, in making its determination
to schedule a hearing pursuant to Section 366.26 for some or all
members of a sibling group, as described in paragraph (3) of
subdivision (a) of Section 361.5, shall review and consider the
social worker's report and recommendations.  Factors the report shall
address, and the court shall consider, may include, but need not be
limited to, whether the sibling group was removed from parental care
as a group, the closeness and strength of the sibling bond, the ages
of the siblings, the appropriateness of maintaining the sibling group
together, the detriment to the child if sibling ties are not
maintained, the likelihood of finding a permanent home for the
sibling group, whether the sibling group is currently placed together
in a preadoptive home or has a concurrent plan goal of legal
permanency in the same home, the wishes of each child whose age and
physical and emotional condition permits a meaningful response, and
the best interest of each child in the sibling group.  The court
shall specify the factual basis for its finding that it is in the
best interest of each child to schedule a hearing pursuant to Section
366.26 in 120 days for some or all of the members of the sibling
group.
   If the child was removed initially under subdivision (g) of
Section 300 and the court finds by clear and convincing evidence that
the whereabouts of the parent are still unknown, or the parent has
failed to contact and visit the child, the court may schedule a
hearing pursuant to Section 366.26 within 120 days.  If the court
finds by clear and convincing evidence that the parent has been
convicted of a felony indicating parental unfitness, the court may
schedule a hearing pursuant to Section 366.26 within 120 days.
   If the child had been placed under court supervision with a
previously noncustodial parent pursuant to Section 361.2, the court
shall determine whether supervision is still necessary.  The court
may terminate supervision and transfer permanent custody to that
parent, as provided for by paragraph (1) of subdivision (b) of
Section 361.2.
   In all other cases, the court shall direct that any reunification
services previously ordered shall continue to be offered to the
parent or legal guardian pursuant to the time periods set forth in
subdivision (a) of Section 361.5, provided that the court may modify
the terms and conditions of those services.
   If the child is not returned to his or her parent or legal
guardian, the court shall determine whether reasonable services that
were designed to aid the parent or legal guardian in overcoming the
problems that led to the initial removal and the continued custody of
the child have been provided or offered to the parent or legal
guardian.  The court shall order that those services be initiated,
continued, or terminated.
   (f) The permanency hearing shall be held no later than 12 months
after the date the child entered foster care, as that date is
determined pursuant to subdivision (a) of Section 361.5.  At the
permanency hearing, the court shall determine the permanent plan for
the child, which shall include a determination of whether the child
will be returned to the child's home and, if so, when, within the
time limits of subdivision (a) of Section 361.5.  The court shall
order the return of the child to the physical custody of his or her
parent or legal guardian unless the court finds, by a preponderance
of the evidence, that the return of the child 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 child.
  The social worker shall have the burden of establishing that
detriment.  The court shall also determine whether reasonable
services that were designed to aid the parent or legal guardian to
overcome the problems that led to the initial removal and continued
custody of the child have been provided or offered to the parent or
legal guardian.  For each youth 16 years of age and older, the court
shall also determine whether services have been made available to
assist him or her in making the transition from foster care to
independent living.  The failure of the parent or legal guardian to
participate regularly and make substantive progress in court-ordered
treatment programs shall be prima facie evidence that return would be
detrimental.  In making its determination, the court shall review
and consider the social worker's report and recommendations and the
report and recommendations of any child advocate appointed pursuant
to Section 356.5, shall consider the efforts or progress, or both,
demonstrated by the parent or legal guardian and the extent to which
he or she availed himself or herself of services provided, and shall
make appropriate findings pursuant to subdivision (a) of Section 366.

   Whether or not the child is returned to his or her parent or legal
guardian, the court shall specify the factual basis for its
decision.  If the child is not returned to a parent or legal
guardian, the court shall specify the factual basis for its
conclusion that the return would be detrimental.  The court also
shall make a finding pursuant to subdivision (a) of Section 366.
   (g) If the time period in which the court-ordered services were
provided has met or exceeded the time period set forth in paragraph
(1), (2), or (3) of subdivision (a) of Section 361.5, as appropriate,
and a child is not returned to the custody of a parent or legal
guardian at the permanency hearing held pursuant to subdivision (f),
the court shall do one of the following:
   (1) Continue the case for up to six months for a permanency review
hearing, provided that the hearing shall occur within 18 months of
the date the child was originally taken from the physical custody of
his or her parent or legal guardian.  The court shall continue the
case only if it finds that there is a substantial probability that
the child will be returned to the physical custody of his or her
parent or legal guardian and safely maintained in the home within the
extended period of time or that reasonable services have not been
provided to the parent or legal guardian.  For the purposes of this
section, in order to find a substantial probability that the child
will be returned to the physical custody of his or her parent or
legal guardian and safely maintained in the home within the extended
period of time, the court shall be required to find all of the
following:
   (A) That the parent or legal guardian has consistently and
regularly contacted and visited with the child.
   (B) That the parent or legal guardian has made significant
progress in resolving problems that led to the child's removal from
the home.
   (C) The parent or legal guardian has demonstrated the capacity and
ability both to complete the objectives of his or her treatment plan
and to provide for the child's safety, protection, physical and
emotional well-                                          being, and
special needs.
   For purposes of this subdivision, the court's decision to continue
the case based on a finding or substantial probability that the
child will be returned to the physical custody of his or her parent
or legal guardian is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interests
of the child.
   The court shall inform the parent or legal guardian that if the
child cannot be returned home by the next permanency review hearing,
a proceeding pursuant to Section 366.26 may be instituted.  The court
shall not  order that a hearing pursuant to Section 366.26 be held
unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
   (2) Order that a hearing be held within 120 days, pursuant to
Section 366.26, but only if the court does not continue the case to
the permanency planning review hearing and there is clear and
convincing evidence that reasonable services have been provided or
offered to the parents or legal guardians.
   (3) Order that the child remain in long-term foster care, but only
if the court finds by clear and convincing evidence, based upon the
evidence already presented to it, including a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency, that there is a compelling
reason for determining that a hearing held pursuant to Section 366.26
is not in the best interest of the child because the child is not a
proper subject for adoption and has no one willing to accept legal
guardianship.  For purposes of this section, a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency that adoption is not in the
best interest of the child shall constitute a compelling reason for
the court's determination.  That recommendation shall be based on the
present circumstances of the child and shall not preclude a
different recommendation at a later date if the child's circumstances
change.
   (h) In any case in which the court orders that a hearing pursuant
to Section 366.26 shall be held, it shall also order the termination
of reunification services to the parent or legal guardian.  The court
shall continue to permit the parent or legal guardian to visit the
child pending the hearing unless it finds that visitation would be
detrimental to the child.
   (i) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (1) Current search efforts for an absent parent or parents or
legal guardians.
   (2) A review of the amount of and nature of any contact between
the child and his or her parents or legal guardians and other members
of his or her extended family since the time of placement.  Although
the extended family of each child shall be reviewed on a
case-by-case basis, "extended family" for the purpose of this
paragraph shall include, but not be limited to, the child's siblings,
grandparents, aunts, and uncles.
   (3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship.  If a proposed guardian is a relative
of the minor, and the relative was assessed for foster care placement
of the minor prior to January 1, 1998, the assessment shall also
consider, but need not be limited to, all of the factors specified in
subdivision (a) of Section 361.3.
   (5) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (6) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (j) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with a relative, and
juvenile court dependency is subsequently dismissed, the relative
shall be eligible for aid under the Kin-GAP program as provided in
Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of
Division 9.
   (k) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
   (l) For purposes of this section, evidence of any of the following
circumstances shall not, in and of itself, be deemed a failure to
provide or offer reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
   (3) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
  SEC. 8.5.  Section 366.21 of the Welfare and Institutions Code is
amended to read:
   366.21.  (a) Every hearing conducted by the juvenile court
reviewing the status of a dependent child shall be placed on the
appearance calendar.  The court shall advise all persons present at
the hearing of the date of the future hearing and of their right to
be present and represented by counsel.
   (b) Except as provided in Sections 294 and 295, notice of the
hearing shall be provided pursuant to Section 293.
   (c) At least 10 calendar days prior to the hearing, the social
worker shall file a supplemental report with the court regarding the
services provided or offered to the parent or legal guardian to
enable him or her to assume custody and the efforts made to achieve
legal permanence for the child if efforts to reunify fail, including,
but not limited to, efforts to maintain relationships between the
child and individuals who are important to the child, the progress
made, and, where relevant, the prognosis for return of the child to
the physical custody of his or her parent or legal guardian, and
shall make his or her recommendation for disposition.  If the child
is a member of a sibling group described in paragraph (3) of
subdivision (a) of Section 361.5, the report and recommendation may
also take into account those factors described in subdivision (e)
relating to the child's sibling group.  If the recommendation is not
to return the child to a parent or legal guardian, the report shall
specify why the return of the child would be detrimental to the
child.  The social worker shall provide the parent or legal guardian
and counsel for the child with a copy of the report, including his or
her recommendation for disposition, at least 10 calendar days prior
to the hearing.  In the case of a child removed from the physical
custody of his or her parent or legal guardian, the social worker
shall, at least 10 calendar days prior to the hearing, provide a
summary of his or her recommendation for disposition to any
court-appointed child advocate, and any foster parents, relative
caregivers, certified foster parents who have been approved for
adoption by the State Department of Social Services when it is acting
as an adoption agency in counties that are not served by a county
adoption agency or by a licensed county adoption agency, community
care facility, or foster family agency having the physical custody of
the child.
   (d) Prior to any hearing involving a child in the physical custody
of a community care facility or a foster family agency that may
result in the return of the child to the physical custody of his or
her parent or legal guardian, or in adoption or the creation of a
legal guardianship, the facility or agency shall file with the court
a report containing its recommendation for disposition.  Prior to the
hearing involving a child in the physical custody of a foster
parent, a relative caregiver, or a certified foster parent who has
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency or by a licensed adoption
agency, the foster parent, relative caregiver, or the certified
foster parent who has been approved for adoption by the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency or by a
licensed county adoption agency, may file with the court a report
containing his or her recommendation for disposition.  The court
shall consider the report and recommendation filed pursuant to this
subdivision prior to determining any disposition.
   (e) At the review hearing held six months after the initial
dispositional hearing, the court shall order the return of the child
to the physical custody of his or her parent or legal guardian unless
the court finds, by a preponderance of the evidence, that the return
of the child 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 child.  The social worker shall have
the burden of establishing that detriment.  The failure of the parent
or legal guardian to participate regularly and make substantive
progress in court-ordered treatment programs shall be prima facie
evidence that return would be detrimental.  In making its
determination, the court shall review and consider the social worker'
s report and recommendations and the report and recommendations of
any child advocate appointed pursuant to Section 356.5; and shall
consider the efforts or progress, or both, demonstrated by the parent
or legal guardian and the extent to which he or she availed himself
or herself of services provided.
   Whether or not the child is returned to a parent or legal
guardian, the court shall specify the factual basis for its
conclusion that the return would be detrimental or would not be
detrimental.  The court also shall make appropriate findings pursuant
to subdivision (a) of Section 366; and, where relevant, shall order
any additional services reasonably believed to facilitate the return
of the child to the custody of his or her parent or legal guardian.
The court shall also inform the parent or legal guardian that if the
child cannot be returned home by the 12-month permanency hearing, a
proceeding pursuant to Section 366.26 may be instituted.  This
section does not apply in a case where, pursuant to Section 361.5,
the court has ordered that reunification services shall not be
provided.
   If the child was under the age of three years on the date of the
initial removal, or is a member of a sibling group described in
paragraph (3) of subdivision (a) of Section 361.5, and the court
finds by clear and convincing evidence that the parent failed to
participate regularly and make substantive progress in a
court-ordered treatment plan, the court may schedule a hearing
pursuant to Section 366.26 within 120 days.  If, however, the court
finds there is a substantial probability that the child, who was
under the age of three years on the date of initial removal or is a
member of a sibling group described in paragraph (3) of subdivision
(a) of Section 361.5, may be returned to his or her parent or legal
guardian within six months or that reasonable services have not been
provided, the court shall continue the case to the 12-month
permanency hearing.
   For the purpose of placing and maintaining a sibling group
together in a permanent home, the court, in making its determination
to schedule a hearing pursuant to Section 366.26 for some or all
members of a sibling group, as described in paragraph (3) of
subdivision (a) of Section 361.5, shall review and consider the
social worker's report and recommendations.  Factors the report shall
address, and the court shall consider, may include, but need not be
limited to, whether the sibling group was removed from parental care
as a group, the closeness and strength of the sibling bond, the ages
of the siblings, the appropriateness of maintaining the sibling group
together, the detriment to the child if sibling ties are not
maintained, the likelihood of finding a permanent home for the
sibling group, whether the sibling group is currently placed together
in a preadoptive home or has a concurrent plan goal of legal
permanency in the same home, the wishes of each child whose age and
physical and emotional condition permits a meaningful response, and
the best interest of each child in the sibling group.  The court
shall specify the factual basis for its finding that it is in the
best interest of each child to schedule a hearing pursuant to Section
366.26 in 120 days for some or all of the members of the sibling
group.
   If the child was removed initially under subdivision (g) of
Section 300 and the court finds by clear and convincing evidence that
the whereabouts of the parent are still unknown, or the parent has
failed to contact and visit the child, the court may schedule a
hearing pursuant to Section 366.26 within 120 days.  If the court
finds by clear and convincing evidence that the parent has been
convicted of a felony indicating parental unfitness, the court may
schedule a hearing pursuant to Section 366.26 within 120 days.
   If the child had been placed under court supervision with a
previously noncustodial parent pursuant to Section 361.2, the court
shall determine whether supervision is still necessary.  The court
may terminate supervision and transfer permanent custody to that
parent, as provided for by paragraph (1) of subdivision (b) of
Section 361.2.
   In all other cases, the court shall direct that any reunification
services previously ordered shall continue to be offered to the
parent or legal guardian pursuant to the time periods set forth in
subdivision (a) of Section 361.5, provided that the court may modify
the terms and conditions of those services.
   If the child is not returned to his or her parent or legal
guardian, the court shall determine whether reasonable services that
were designed to aid the parent or legal guardian in overcoming the
problems that led to the initial removal and the continued custody of
the child have been provided or offered to the parent or legal
guardian.  The court shall order that those services be initiated,
continued, or terminated.
   (f) The permanency hearing shall be held no later than 12 months
after the date the child entered foster care, as that date is
determined pursuant to subdivision (a) of Section 361.5.  At the
permanency hearing, the court shall determine the permanent plan for
the child, which shall include a determination of whether the child
will be returned to the child's home and, if so, when, within the
time limits of subdivision (a) of Section 361.5.  The court shall
order the return of the child to the physical custody of his or her
parent or legal guardian unless the court finds, by a preponderance
of the evidence, that the return of the child 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 child.
  The social worker shall have the burden of establishing that
detriment.  The court shall also determine whether reasonable
services that were designed to aid the parent or legal guardian to
overcome the problems that led to the initial removal and continued
custody of the child have been provided or offered to the parent or
legal guardian.  For each youth 16 years of age and older, the court
shall also determine whether services have been made available to
assist him or her in making the transition from foster care to
independent living.  The failure of the parent or legal guardian to
participate regularly and make substantive progress in court-ordered
treatment programs shall be prima facie evidence that return would be
detrimental.  In making its determination, the court shall review
and consider the social worker's report and recommendations and the
report and recommendations of any child advocate appointed pursuant
to Section 356.5, shall consider the efforts or progress, or both,
demonstrated by the parent or legal guardian and the extent to which
he or she availed himself or herself of services provided, and shall
make appropriate findings pursuant to subdivision (a) of Section 366.

   Whether or not the child is returned to his or her parent or legal
guardian, the court shall specify the factual basis for its
decision.  If the child is not returned to a parent or legal
guardian, the court shall specify the factual basis for its
conclusion that the return would be detrimental.  The court also
shall make a finding pursuant to subdivision (a) of Section 366.
   (g) If the time period in which the court-ordered services were
provided has met or exceeded the time period set forth in paragraph
(1), (2), or (3) of subdivision (a) of Section 361.5, as appropriate,
and a child is not returned to the custody of a parent or legal
guardian at the permanency hearing held pursuant to subdivision (f),
the court shall do one of the following:
   (1) Continue the case for up to six months for a permanency review
hearing, provided that the hearing shall occur within 18 months of
the date the child was originally taken from the physical custody of
his or her parent or legal guardian.  The court shall continue the
case only if it finds that there is a substantial probability that
the child will be returned to the physical custody of his or her
parent or legal guardian and safely maintained in the home within the
extended period of time or that reasonable services have not been
provided to the parent or legal guardian.  For the purposes of this
section, in order to find a substantial probability that the child
will be returned to the physical custody of his or her parent or
legal guardian and safely maintained in the home within the extended
period of time, the court shall be required to find all of the
following:
   (A) That the parent or legal guardian has consistently and
regularly contacted and visited with the child.
   (B) That the parent or legal guardian has made significant
progress in resolving problems that led to the child's removal from
the home.
   (C) The parent or legal guardian has demonstrated the capacity and
ability both to complete the objectives of his or her treatment plan
and to provide for the child's safety, protection, physical and
emotional well-being, and special needs.
   For purposes of this subdivision, the court's decision to continue
the case based on a finding or substantial probability that the
child will be returned to the physical custody of his or her parent
or legal guardian is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interests
of the child.
   The court shall inform the parent or legal guardian that if the
child cannot be returned home by the next permanency review hearing,
a proceeding pursuant to Section  366.26 may be instituted.  The
court shall not order that a hearing pursuant to Section 366.26 be
held unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
   (2) Order that a hearing be held within 120 days, pursuant to
Section 366.26, but only if the court does not continue the case to
the permanency planning review hearing and there is clear and
convincing evidence that reasonable services have been provided or
offered to the parents or legal guardians.
   (3) Order that the child remain in long-term foster care, but only
if the court finds by clear and convincing evidence, based upon the
evidence already presented to it, including a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency, that there is a compelling
reason for determining that a hearing held pursuant to Section 366.26
is not in the best interest of the child because the child is not a
proper subject for adoption and has no one willing to accept legal
guardianship.  For purposes of this section, a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency that adoption is not in the
best interest of the child shall constitute a compelling reason for
the court's determination.  That recommendation shall be based on the
present circumstances of the child and shall not preclude a
different recommendation at a later date if the child's circumstances
change.
   If the court orders that a child who is 10 years of age or older
remain in long-term foster care with a nonrelative, the court shall
determine whether the agency has made reasonable efforts to maintain
the child's relationships with individuals other than the child's
siblings who are important to the child, consistent with the child's
best interests, and may make any appropriate order to ensure that
those relationships are maintained.
   (h) In any case in which the court orders that a hearing pursuant
to Section 366.26 shall be held, it shall also order the termination
of reunification services to the parent or legal guardian.  The court
shall continue to permit the parent or legal guardian to visit the
child pending the hearing unless it finds that visitation would be
detrimental to the child.  The court shall make any other appropriate
orders to enable the child to maintain relationships with other
individuals who are important to the child.
   (i) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (1) Current search efforts for an absent parent or parents or
legal guardians.
   (2) A review of the amount of and nature of any contact between
the child and his or her parents or legal guardians and other members
of his or her extended family since the time of placement.  Although
the extended family of each child shall be reviewed on a
case-by-case basis, "extended family" for the purpose of this
paragraph shall include, but not be limited to, the child's siblings,
grandparents, aunts, and uncles.
   (3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship.  If a proposed guardian is a relative
of the minor, and the relative was assessed for foster care placement
of the minor prior to January 1, 1998, the assessment shall also
consider, but need not be limited to, all of the factors specified in
subdivision (a) of Section 361.3.
   (5) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (6) A description of efforts to be made to identify a prospective
adoptive parent or legal guardian, including, but not limited to,
child specific recruitment and listing on an adoption exchange.
   (7) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (j) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with a relative, and
juvenile court dependency is subsequently dismissed, the relative
shall be eligible for aid under the Kin-GAP program as provided in
Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of
Division 9.
   (k) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
   (l) For purposes of this section, evidence of any of the following
circumstances shall not, in and of itself, be deemed a failure to
provide or offer reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
   (3) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
  SEC. 9.  Section 6.5 of this bill incorporates amendments to
Section 294 of the Welfare and Institutions Code proposed by both
this bill and AB 44.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2004,
(2) each bill amends Section 294
         of the Welfare and Institutions Code, and (3) this bill is
enacted after AB 44, in which case Section 294 of the Welfare and
Institutions Code as amended by AB 44 shall remain operative only
until the operative date of this bill, at which time Section 6.5 of
this bill shall become operative, and Section 6 of this bill shall
not become operative.
  SEC. 10.  Section 8.5 of this bill incorporates amendments to
Section 366.21 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,
(2) each bill amends Section 366.21 of the Welfare and Institutions
Code, and (3) this bill is enacted after AB 408, in which case
Section 8 of this bill shall not become operative.
  SEC. 11.  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.