BILL NUMBER: SB 591	CHAPTERED  10/11/03

	CHAPTER  812
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2003
	APPROVED BY GOVERNOR  OCTOBER 10, 2003
	PASSED THE SENATE  SEPTEMBER 11, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2003
	AMENDED IN ASSEMBLY  SEPTEMBER 8, 2003
	AMENDED IN ASSEMBLY  AUGUST 28, 2003
	AMENDED IN ASSEMBLY  AUGUST 18, 2003
	AMENDED IN ASSEMBLY  JULY 9, 2003
	AMENDED IN ASSEMBLY  JUNE 23, 2003
	AMENDED IN SENATE  JUNE 3, 2003
	AMENDED IN SENATE  MARCH 24, 2003

INTRODUCED BY   Senator Scott

                        FEBRUARY 20, 2003

   An act to amend Sections 358, 358.1, 361.3, 16002, and 16501.1 of,
and to add Sections 16010.4, 16010.5, 16010.6, and 16503.5 to, the
Welfare and Institutions Code, relating to dependent children.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 591, Scott.  Dependent children:  caregiver information.
   Existing law prescribes various proceedings with respect to
children who are removed from their parents' custody and placed in
foster care or kinship care with a caregiver.
   Existing law requires the court, before determining the
appropriate disposition, to receive in evidence specified
information, including, but not limited to, a social study or
evaluation made by a social worker or child advocate appointed by the
court.
   This bill would require that the study or evaluation, and the
information received in evidence by the court, include the
willingness of the caregiver to provide legal permanency for the
child if reunification is unsuccessful.
   Existing law requires, in any case in which a child is removed
from the physical custody of his or her parents, that preferential
consideration be given to a request by a relative of the child for
placement of the child with the relative, and requires the court and
social worker to consider specified factors.
   This bill would require that a placing agency provide a caregiver
placement agreement, as defined, to a child's caregiver at the time
of placement with that caregiver, and would establish provisions for
placement agreements.
   This bill would, in addition, require the court and social worker
to consider the relative's desire to provide legal permanency for the
child if reunification is unsuccessful.
   Existing law establishes services for the care of children,
including foster care placement, and requires that the responsible
local agency make a diligent effort in all out-of-home placements of
dependent children, including those with relatives, to develop and
maintain sibling relationships, and also requires the preparation of
a case plan with respect to child welfare services for the child.
   This bill would require that information regarding sibling
interaction, contact, or visitation authorized or ordered by the
court be provided to the foster parent, relative caretaker, or legal
guardian of the child, as specified, and that specified information
regarding visits with the natural parents or legal guardians, visits
with siblings, and visits by the social worker, be included in the
case plan.
   The bill would also require that the case plan include information
as to the willingness of the caregiver to provide legal permanency
for the child if reunification is unsuccessful, and that the
caretaker receive a copy of a plan outlining the child's needs and
services.
   Under existing law, when a child is placed in foster care, the
case plan for the child is required to include a specified health and
education summary.  Under existing law, a child protective agency is
required to provide the child's caregiver with the health and
education summary, not later than 30 days after the initial
placement, or within 48 hours after a subsequent placement.
   This bill would further provide that when a child is placed in
foster care or kinship care, the child protective agency shall
provide additional personal information, as specified, relating to
the child and the child's case to the child's caregiver.
   This bill would also provide that as soon as possible after a
placing agency makes a decision with respect to a placement or a
change in placement of a dependent child, the placing agency shall
notify the child's attorney and provide to the child's attorney
information regarding the child's address, telephone number, and
caregiver.
   This bill would state that this provision is declaratory of
existing law and intended to codify a holding in a specified judicial
decision.
   By increasing the duties of child protective agencies, this bill
would create a state-mandated local program.
   Existing law specifies the various duties of the Judicial Council,
including the adoption of rules of court.
   This bill would require the Judicial Council to adopt a rule of
court directing an attorney of a dependent child of the juvenile
court to provide specified contact information to the child's
caregiver or, in some cases, to the child.
   This bill would incorporate additional changes to Section 16501.1
of the Welfare and Institutions Code proposed by AB 408, to be
operative only if this bill and AB 408 are both enacted and become
effective on or before January 1, 2004, AB 1151 is not enacted, and
this bill is enacted last.  The bill would incorporate additional
changes to that section proposed by AB 1151, to be operative only if
this bill and AB 1151 are both enacted and become effective on or
before January 1, 2004, AB 408 is not enacted, and this bill is
enacted last.  The bill would also incorporate additional changes to
that section proposed by this bill, AB 408, and AB 1151, to be
operative only if all 3 bills are enacted and become effective on or
before January 1, 2004, and this bill is enacted 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 358 of the Welfare and Institutions Code is
amended to read:
   358.  (a) After finding that a child is a person described in
Section 300, the court shall hear evidence on the question of the
proper disposition to be made of the child.  Prior to making a
finding required by this section, the court may continue the hearing
on its own motion, the motion of the parent or guardian, or the
motion of the child, as follows:
   (1) If the child is detained during the continuance, and the
social worker is not alleging that subdivision (b) of Section 361.5
is applicable, the continuance shall not exceed 10 judicial days.
The court may make an order for detention of the child or for the
child's release from detention, during the period of continuance, as
is appropriate.
   (2) If the child is not detained during the continuance, the
continuance shall not exceed 30 days after the date of the finding
pursuant to Section 356.  However, the court may, for cause, continue
the hearing for an additional 15 days.
   (3) If the social worker is alleging that subdivision (b) of
Section 361.5 is applicable, the court shall continue the proceedings
for a period not to exceed 30 days.  The social worker shall notify
each parent of the content of subdivision (b) of Section 361.5 and
shall inform each parent that if the court does not order
reunification a permanency planning hearing will be held, and that
his or her parental rights may be terminated within the timeframes
specified by law.
   (b) Before determining the appropriate disposition, the court
shall receive in evidence the social study of the child made by the
social worker, any study or evaluation made by a child advocate
appointed by the court, and other relevant and material evidence as
may be offered, including, but not limited to, the willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.  In any judgment and order of disposition, the
court shall specifically state that the social study made by the
social worker and the study or evaluation made by the child advocate
appointed by the court, if there be any, has been read and considered
by the court in arriving at its judgment and order of disposition.
Any social study or report submitted to the court by the social
worker shall include the individual child's case plan developed
pursuant to Section 16501.1.
   (c) If the court finds that a child is described by subdivision
(h) of Section 300 or that subdivision (b) of Section 361.5 may be
applicable, the court shall conduct the dispositional proceeding
pursuant to subdivision (c) of Section 361.5.
  SEC. 2.  Section 358.1 of the Welfare and Institutions Code is
amended to read:
   358.1.  Each social study or evaluation made by a social worker or
child advocate appointed by the court, required to be received in
evidence pursuant to Section 358, shall include, but not be limited
to, a factual discussion of each of the following subjects:
   (a) Whether the county welfare department or social worker has
considered child protective services, as defined in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9, as a
possible solution to the problems at hand, and has offered these
services to qualified parents if appropriate under the circumstances.

   (b) What plan, if any, for return of the child to his or her
parents and for achieving legal permanence for the child if efforts
to reunify fail, is recommended to the court by the county welfare
department or probation officer.
   (c) Whether the best interests of the child will be served by
granting reasonable visitation rights with the child to his or her
grandparents, in order to maintain and strengthen the child's family
relationships.
   (d) (1) Whether the child has siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (A) The nature of the relationship between the child and his or
her siblings.
   (B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
   (D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   (2) The factual discussion shall include a discussion of
indicators of the nature of the child's sibling relationships,
including, but not limited to, whether the siblings were raised
together in the same home, whether the siblings have shared
significant common experiences or have existing close and strong
bonds, whether either sibling expresses a desire to visit or live
with his or her sibling, as applicable, and whether ongoing contact
is in the child's best emotional interest.
   (e) If the parent or guardian is unwilling or unable to
participate in making an educational decision for his or her child,
or if other circumstances exist that compromise the ability of the
parent or guardian to make educational decisions for the child, the
county welfare department or social worker shall consider whether the
right of the parent or guardian to make educational decisions for
the child should be limited.  If the study or evaluation makes that
recommendation, it shall identify whether there is a responsible
adult available to make educational decisions for the child pursuant
to Section 361.
   (f) Whether the child appears to be a person who is eligible to be
considered for further court action to free the child from parental
custody and control.
   (g) Whether the parent has been advised of his or her option to
participate in adoption planning, including the option to enter into
a postadoption contact agreement as described in Section 8714.7 of
the Family Code, and to voluntarily relinquish the child for adoption
if an adoption agency is willing to accept the relinquishment.
   (h) The appropriateness of any relative placement pursuant to
Section 361.3.  However, this consideration may not be cause for
continuance of the dispositional hearing.
   (i) Whether the caregiver desires, and is willing, to provide
legal permanency for the child if reunification is unsuccessful.
  SEC. 3.  Section 361.3 of the Welfare and Institutions Code is
amended to read:
   361.3.  (a) In any case in which a child is removed from the
physical custody of his or her parents pursuant to Section 361,
preferential consideration shall be given to a request by a relative
of the child for placement of the child with the relative.  In
determining whether placement with a relative is appropriate, the
county social worker and court shall consider, but shall not be
limited to, consideration of all the following factors:
   (1) The best interest of the child, including special physical,
psychological, educational, medical, or emotional needs.
   (2) The wishes of the parent, the relative, and child, if
appropriate.
   (3) The provisions of Part 6 (commencing with Section 7950) of
Division 12 of the Family Code regarding relative placement.
   (4) Placement of siblings and half-siblings in the same home, if
that placement is found to be in the best interest of each of the
children as provided in Section 16002.
   (5) The good moral character of the relative and any other adult
living in the home, including whether any individual residing in the
home has a prior history of violent criminal acts or has been
responsible for acts of child abuse or neglect.
   (6) The nature and duration of the relationship between the child
and the relative, and the relative's desire to care for, and to
provide legal permanency for, the child if reunification is
unsuccessful.
   (7) The ability of the relative to do the following:
   (A) Provide a safe, secure, and stable environment for the child.

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

   However, any finding made with respect to the factor considered
pursuant to this subparagraph and pursuant to subparagraph (G) shall
not be the sole basis for precluding preferential placement with a
relative.
   (I) Arrange for appropriate and safe child care, as necessary.
   (8) The safety of the relative's home.  For a relative to be
considered appropriate to receive placement of a child under this
section, the relative's home shall first be approved pursuant to the
process and standards described in subdivision (d) of Section 309.
   In this regard, the Legislature declares that a physical
disability, such as blindness or deafness, is no bar to the raising
of children, and a county social worker's determination as to the
ability of a disabled relative to exercise care and control should
center upon whether the relative's disability prevents him or her
from exercising care and control.  The court shall order the parent
to disclose to the county social worker the names, residences, and
any other known identifying information of any maternal or paternal
relatives of the child.  This inquiry shall not be construed,
however, to guarantee that the child will be placed with any person
so identified.  The county social worker shall initially contact the
relatives given preferential consideration for placement to determine
if they desire the child to be placed with them.  Those desiring
placement shall be assessed according to the factors enumerated in
this subdivision.  The county social worker shall document these
efforts in the social study prepared pursuant to Section 358.1.  The
court shall authorize the county social worker, while assessing these
relatives for the possibility of placement, to disclose to the
relative, as appropriate, the fact that the child is in custody, the
alleged reasons for the custody, and the projected likely date for
the child's return home or placement for adoption or legal
guardianship.  However, this investigation shall not be construed as
good cause for continuance of the dispositional hearing conducted
pursuant to Section 358.
   (b) In any case in which more than one appropriate relative
requests preferential consideration pursuant to this section, each
relative shall be considered under the factors enumerated in
subdivision (a).
   (c) For purposes of this section:
   (1) "Preferential consideration" means that the relative seeking
placement shall be the first placement to be considered and
investigated.
   (2) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great" or "grand" or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.  However, only the following relatives shall
be given preferential consideration for the placement of the child:
an adult who is a grandparent, aunt, uncle, or sibling.
   (d) Subsequent to the hearing conducted pursuant to Section 358,
whenever a new placement of the child must be made, consideration for
placement shall again be given as described in this section to
relatives who have not been found to be unsuitable and who will
fulfill the child's reunification or permanent plan requirements.  In
addition to the factors described in subdivision (a), the county
social worker shall consider whether the relative has established and
maintained a relationship with the child.
   (e) If the court does not place the child with a relative who has
been considered for placement pursuant to this section, the court
shall state for the record the reasons placement with that relative
was denied.
  SEC. 4.  Section 16002 of the Welfare and Institutions Code is
amended to read:
   16002.  (a) It is the intent of the Legislature to maintain the
continuity of the family unit, and ensure the preservation and
strengthening of the child's family ties by ensuring that when
siblings have been removed from their home, either as a group on one
occurrence or individually on separate occurrences, the siblings will
be placed in foster care together, unless it has been determined
that placement together is not in the best interest of one or more
siblings.  The Legislature recognizes that in order to ensure the
placement of a sibling group in the same foster care placement,
placement resources need to be expanded.
   (b) The responsible local agency shall make a diligent effort in
all out-of-home placements of dependent children, including those
with relatives, to develop and maintain sibling relationships.  If
siblings are not placed together in the same home, the social worker
shall explain why the siblings are not placed together and what
efforts he or she is making to place the siblings together or why
those efforts are not appropriate.  When placement of siblings
together in the same home is not possible, diligent effort shall be
made, and a case plan prepared, to provide for ongoing and frequent
interaction among siblings until family reunification is achieved,
or, if parental rights are terminated, as part of developing the
permanent plan for the child.  If the court determines by clear and
convincing evidence that sibling interaction is detrimental to a
child or children, the reasons for the determination shall be noted
in the court order, and interaction shall be suspended.
   (c) When there has been a judicial suspension of sibling
interaction, the reasons for the suspension shall be reviewed at each
periodic review hearing pursuant to Section 366.  When the court
determines that sibling interaction can be safely resumed, that
determination shall be noted in the court order and the case plan
shall be revised to provide for sibling interaction.
   (d) If the case plan for the child has provisions for sibling
interaction, the child, or his or her parent or legal guardian shall
have the right to comment on those provisions.  If a person wishes to
assert a sibling relationship with a dependent child, he or she may
file a petition in the juvenile court having jurisdiction over the
dependent child pursuant to subdivision (b) of Section 388.
   (e) If parental rights are terminated and the court orders a
dependent child to be placed for adoption, the licensed county
adoption agency or the State Department of Social Services shall take
all of the following steps to facilitate ongoing sibling contact,
except in those cases provided in subdivision (b) where the court
determines by a preponderance of the evidence that sibling
interaction is detrimental to the child:
   (1) Include in training provided to prospective adoptive parents
information about the importance of sibling relationships to the
adopted child and counseling on methods for maintaining sibling
relationships.
   (2) Provide prospective adoptive parents with information about
siblings of the child, except the address where the siblings of the
children reside.  However, this address may be disclosed by court
order for good cause shown.
   (3) Encourage prospective adoptive parents to make a plan for
facilitating postadoptive contact between the child who is the
subject of a petition for adoption and any siblings of this child.
   (f) Information regarding sibling interaction, contact, or
visitation that has been authorized or ordered by the court shall be
provided to the foster parent, relative caretaker, or legal guardian
of the child as soon as possible after the court order is made, in
order to facilitate the interaction, contact, or visitation.
   (g) As used in this section, "sibling" means a child related to
another person by blood, adoption, or affinity through a common legal
or biological parent.
   (h) The court documentation on sibling placements required under
this section shall not require the modification of existing court
order forms until the Child Welfare Services Case Management System
is implemented on a statewide basis.
  SEC. 5.  Section 16010.4 is added to the Welfare and Institutions
Code, to read:
   16010.4.  The Legislature finds and declares all of the following:

   (a) The State of California is guardian to more than 90,000
children in foster care, more than any other state in the nation.  As
of 2002, California has a disproportionately high number of children
in foster care.  While the state is home to 12 percent of the nation'
s population, it guards over 20 percent of the nation's children in
its foster care system.  Thirty-five percent of foster children live
with relatives.
   (b) Foster parents are one of the most important sources of
information about the children in their care.  Courts, lawyers, and
social workers should have the benefit of caregivers' perceptions.
Both federal and state law recognize the importance of foster parents'
participation in juvenile court proceedings.  Federal law requires
that foster parents and other caregivers receive expanded
opportunities for notice, the right to participate in dependency
court review and permanency hearings, and the right to communicate
concerns to the courts.  State law similarly provides that caregivers
may submit their concerns to courts in writing.
   (c) It is in the children's best interests that their caregivers
are privy to important information about them.  This information is
necessary to obtain social and health services for children, enroll
children in school and extracurricular activities, and update social
workers and court personnel about important developments affecting
foster children.
   (d) Most school districts and extracurricular organizations
require proof of age before enrolling a child in their programs.
Moreover, caregivers are required to obtain a medical appointment for
their foster children within the first month of receiving the
children into their homes.  It would therefore be in both the
children's and the caregivers' best interests to be provided with any
available medical information, medications and instructions for use,
and identifying information about the children upon receiving the
children into their homes.
   (e) Caregivers should have certain basic information in order to
provide for the needs of children placed in their care, including all
of the following:
   (1) The name, mailing address, telephone number, and facsimile
number of the child's social worker and the social worker's
supervisor.
   (2) The name, mailing address, telephone number, and facsimile
number of the child's attorney and court-appointed special advocate
(CASA), if any.
   (3) The name, address, and department number of the juvenile court
in which the child's juvenile court case is pending.
   (4) The case number assigned to the child's juvenile court case.
   (5) A copy of the child's birth certificate, passport, or other
identifying documentation of age as may be required for enrollment in
school and extracurricular activities.
   (6) The child's State Department of Social Services identification
number.
   (7) The child's Medi-Cal identification number or group health
insurance plan number.
   (8) Medications or treatments in effect for the child at the time
of placement, and instructions for their use.
   (9) A plan outlining the child's needs and services, including
information on family and sibling visitation.
   (f) Caregivers should have knowledge of all of the following:
   (1) Their right to receive notice of all review and permanency
hearings concerning the child during the placement.
   (2) Their right to attend those hearings or submit information
they deem relevant to the court in writing.
   (3) The "Caregiver Information Form" (Judicial Council Form
JV-290), which allows the caregiver to provide information directly
to the court.
   (4) Information about and referrals to any existing services,
including transportation, translation, training, forms, and other
available services.
   (5) The caregiver's obligation to cooperate with any
reunification, concurrent, or permanent planning for the child.
   (6) Any known siblings or half-siblings of the child, whether the
child has, expects, or desires to have contact or visitation with any
or all siblings, and how and when caregivers facilitate the contact
or visitation.
   (g) Courts should know, at the earliest possible date, the
interest of the caretaker in providing legal permanency for the
child.
  SEC. 6.  Section 16010.5 is added to the Welfare and Institutions
Code, to read:
   16010.5.  (a) When initially placing a child into foster care or
kinship care, and within 48 hours of any subsequent placement of that
child, the placing agency shall provide to the child's caretaker
both of the following:
   (1) Prescribed medications for the child that are in the
possession of the placing agency, with instructions for the use of
the medication.
   (2) Information regarding any treatments that are known to the
placing agency and that are in effect for the child at the time of
the placement.
   (b) As soon as possible after placing a child into foster care or
kinship care, and no later than 30 days after placing the child, the
placing agency shall provide to the child's caregiver any available
documentation or proof of the child's age that may be required for
enrollment in school or activities that require proof of age.
   (c) Within 30 days of receiving a copy of a child's birth
certificate or passport, a placing agency shall provide a copy of
that document to the child's caregiver.
   (d) Nothing shall preclude the placing agency from providing the
name, mailing address, telephone number, and facsimile number of the
child's attorney and the child's court-appointed special advocate, if
any, to the child or the child's caregiver upon their request.
  SEC. 7.  Section 16010.6 is added to the Welfare and Institutions
Code, to read:
   16010.6.  (a) As soon as possible after a placing agency makes a
decision with respect to a placement or a change in placement of a
dependent child, the placing agency shall notify the child's attorney
and provide to the child's attorney information regarding the child'
s address, telephone number, and caregiver.  This requirement is
declaratory of existing law.
   (b) The Judicial Council shall adopt a rule of court directing the
attorney of a dependent child of the juvenile court, upon receipt
from the agency responsible for placing the child of the name,
address, and telephone number of the child's caregiver, to timely
provide the attorney's contact information to the caregiver and, if
the child is 10 years of age or older, to the child.  This rule shall
not preclude an attorney from giving contact information to a child
who is younger than 10 years of age.
  SEC. 8.  Section 16501.1 of the Welfare and Institutions Code is
amended to read:
   16501.1.  (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
   (2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
   (b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
   (2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
   (3) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
   (4) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
   (c) When out-of-home placement is used to attain case plan goals,
the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, consistent with the selection
of the environment best suited to meet the child's special needs and
best interests, or both.  The selection shall consider, in order of
priority, placement with relatives, tribal members, and foster
family, group care, and residential treatment pursuant to Section
7950 of the Family Code.
   (d) A written case plan shall be completed within 30 days of the
initial removal of the child or of the in-person response required
under subdivision (f) of Section 16501 if the child has not been
removed from his or her home, or by the date of the dispositional
hearing pursuant to Section 358, whichever occurs first.  The case
plan shall be updated, as the service needs of the child and family
dictate.  At a minimum, the case plan shall be updated in conjunction
with each status review hearing conducted pursuant to Section
366.21, and the hearing conducted pursuant to Section 366.26, but no
less frequently than once every six months.  Each updated case plan
shall include a description of the services that have been provided
to the child under the plan and an evaluation of the appropriateness
and effectiveness of those services.
   (e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
   (f) The case plan shall be developed as follows:
   (1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention.
                                                              (2) The
case plan shall identify specific goals and the appropriateness of
the planned services in meeting those goals.
   (3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
   (4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers.  The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative at least
every 12 months and submit a report to the court on each visit.  For
children in out-of-state group home facilities, visits shall be
conducted at least monthly, pursuant to Section 16516.5.  At least
once every six months, at the time of a regularly scheduled social
worker contact with the foster child, the child's social worker shall
inform the child of his or her rights as a foster child, as
specified in Section 16001.9.  The social worker shall provide the
information to the child in a manner appropriate to the age or
developmental level of the child.
   (5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan.  The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
   (B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002.  If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being.  These significant life events shall include,
but shall not be limited to, the following:
   (A) The death of an immediate relative.
   (B) The birth of a sibling.
   (C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
   (7) When out-of-home placement is made in a foster family home,
group home or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child.  When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
   (8) (A) When out-of-home services are used, or when parental
rights have been terminated and the case plan is placement for
adoption, the case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings.  This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation.  If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
   (B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (9) When out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider the importance of developing and
maintaining sibling relationships pursuant to Section 16002, and the
desire and willingness of the caregiver to provide legal permanency
for the child if reunification is unsuccessful.
   (10) When out-of-home services are used, the child has been in
care for at least 12 months, and the goal is not adoptive placement,
the case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's
best interest.  A determination completed or updated within the past
12 months by the department when it is acting as an adoption agency
or by a licensed adoption agency that it is unlikely that the child
will be adopted, or that one of the conditions described in paragraph
(1) of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
   (11) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan.  In any voluntary service or
placement agreement, the parents or legal guardians shall be required
to review and sign the case plan.  Whenever possible, parents and
legal guardians shall participate in the development of the case
plan.
   (B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law.  However, they shall also be
advised that the parent's or guardian's failure to cooperate, except
for good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
   (12) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing.  Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan.  When out-of-home services are used
with the goal of family reunification, the case plan shall consider
and describe the application of subdivision (b) of Section 11203.
   (13) When the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include documentation of the steps the agency is taking to find an
adoptive family or other permanent living arrangements for the child;
to place the child with an adoptive family, an appropriate and
willing relative, a legal guardian, or in another planned permanent
living arrangement; and to finalize the adoption or legal
guardianship.  At a minimum, the documentation shall include child
specific recruitment efforts, such as the use of state, regional, and
national adoption exchanges, including electronic exchange systems,
when the child has been freed for adoption.
   (g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation.  Nothing in this section shall be
construed to require or prohibit the social worker's facilitation,
transportation, or supervision of visits between the child and his or
her siblings.
   (h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
   (i) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
   (j) The department, in consultation with the County Welfare
Directors Association and other advocates, shall develop standards
and guidelines for a model relative placement search and assessment
process based on the criteria established in Section 361.3.  These
guidelines shall be incorporated in the training described in Section
16206.  These model standards and guidelines shall be developed by
March 1, 1999.
  SEC. 8.5.  Section 16501.1 of the Welfare and Institutions Code is
amended to read:
   16501.1.  (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
   (2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers as appropriate in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
   (b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
   (2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
   (3) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
   (4) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
   (c) When out-of-home placement is used to attain case plan goals,
the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, consistent with the selection
of the environment best suited to meet the child's special needs and
best interests, or both.  The selection shall consider, in order of
priority, placement with relatives, tribal members, and foster
family, group care, and residential treatment pursuant to Section
7950 of the Family Code.
   (d) A written case plan shall be completed within 30 days of the
initial removal of the child or of the in-person response required
under subdivision (f) of Section 16501 if the child has not been
removed from his or her home, or by the date of the dispositional
hearing pursuant to Section 358, whichever occurs first.  The case
plan shall be updated, as the service needs of the child and family
dictate.  At a minimum, the case plan shall be updated in conjunction
with each status review hearing conducted pursuant to Section
366.21, and the hearing conducted pursuant to Section 366.26, but no
less frequently than once every six months.  Each updated case plan
shall include a description of the services that have been provided
to the child under the plan and an evaluation of the appropriateness
and effectiveness of those services.
   (e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
   (f) The case plan shall be developed as follows:
   (1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention.
   (2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
   (3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
   (4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers.  The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative at least
every 12 months and submit a report to the court on each visit.  For
children in out-of-state group home facilities, visits shall be
conducted at least monthly, pursuant to Section 16516.5.  At least
once every six months, at the time of a regularly scheduled social
worker contact with the foster child, the child's social worker shall
inform the child of his or her rights as a foster child, as
specified in Section 16001.9.  The social worker shall provide the
information to the child in a manner appropriate to the age or
developmental level of the child.
   (5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan.  The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
   (B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002.  If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being.  These significant life events shall include,
but shall not be limited to, the following:
   (A) The death of an immediate relative.
   (B) The birth of a sibling.
   (C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
   (7) When out-of-home placement is made in a foster family home,
group home or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child.  When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
   (8) (A) When out-of-home services are used, or when parental
rights have been terminated and the case plan is placement for
adoption, the case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings.  This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation.  If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
   (B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (9) When out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider the importance of developing and
maintaining sibling relationships pursuant to Section 16002, and the
desire and willingness of the caregiver to provide legal permanency
for the child if reunification is unsuccessful.
   (10) When out-of-home services are used, the child has been in
care for at least 12 months, and the goal is not adoptive placement,
the case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's
best interest.  A determination completed or updated within the past
12 months by the department when it is acting as an adoption agency
or by a licensed adoption agency that it is unlikely that the child
will be adopted, or that one of the conditions described in paragraph
(1) of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
   (11) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan.  In any voluntary service or
placement agreement, the parents or legal guardians shall be required
to review and sign the case plan.  Whenever possible, parents and
legal guardians shall participate in the development of the case
plan.
   (B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law.  However, they shall also be
advised that the parent's or guardian's failure to cooperate, except
for good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
   (12) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing.  Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan.  When out-of-home services are used
with the goal of family reunification, the case plan shall consider
and describe the application of subdivision (b) of Section 11203.
   (13) When the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include documentation of the steps the agency is taking to find an
adoptive family or other permanent living arrangements for the child;
to place the child with an adoptive family, an appropriate and
willing relative, a legal guardian, or in another planned permanent
living arrangement; and to finalize the adoption or legal
guardianship.  At a minimum, the documentation shall include child
specific recruitment efforts, such as the use of state, regional, and
national adoption exchanges, including electronic exchange systems,
when the child has been freed for adoption.
   (14) When appropriate, for a child who is 16 years of age or
older, the case plan shall include a written description of the
programs and services that will help the child prepare for the
transition from foster care to independent living.  The case plan
shall be developed with the child and individuals identified as
important to the child, and shall include steps the agency is taking
to ensure that the child has a connection to a caring adult.
   (g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation.  Nothing in this section shall be
construed to require or prohibit the social worker's facilitation,
transportation, or supervision of visits between the child and his or
her siblings.
   (h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
   (i) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
   (j) When a child who is 10 years of age or older has been in
out-of-home placement with a nonrelative for six months or longer
from the date the child entered foster care, the case plan shall
include an identification of individuals, other than the child's
siblings, who are important to the child and actions necessary to
maintain the child's relationship with those individuals, provided
that those relationships are in the best interest of the child.  The
social worker shall ask every child who is 10 years of age or older
who is not placed with a relative to identify any individuals other
than the child's siblings who are important to the child, and may ask
any child who is younger than 10 years of age to provide that
information, as appropriate.  The social worker shall make efforts to
identify other individuals who are important to the child,
consistent with the child's best interests.
   (k) The department, in consultation with the County Welfare
Directors Association and other advocates, shall develop standards
and guidelines for a model relative placement search and assessment
process based on the criteria established in Section 361.3.  These
guidelines shall be incorporated in the training described in Section
16206.  These model standards and guidelines shall be developed by
March 1, 1999.
  SEC. 8.7.  Section 16501.1 of the Welfare and Institutions Code is
amended to read:
   16501.1.  (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
   (2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers as appropriate in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
   (b) (1) A case plan shall be based upon the principles set forth
in this section and shall document that a preplacement assessment of
the service needs of the child and family, and preplacement
preventive services, have been provided, and that reasonable efforts
to prevent out-of-home placement have been made.
   (2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
   (3) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
   (4) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
   (c) When out-of-home placement is used to attain case plan goals,
the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, consistent with the selection
of the environment best suited to meet the child's special needs and
best interests, or both.  The selection shall consider, in order of
priority, placement with relatives, tribal members, and foster
family, group care, and residential treatment pursuant to Section
7950 of the Family Code.
   (d) As used in subdivisions (b) and (c), a home or setting that is
"safe" means that the home or setting is free from abuse
                                     or neglect, as described in
Section 11165.5 of the Penal Code.
   (e) A written case plan shall be completed within 30 days of the
initial removal of the child or of the in-person response required
under subdivision (f) of Section 16501 if the child has not been
removed from his or her home, or by the date of the dispositional
hearing pursuant to Section 358, whichever occurs first.  The case
plan shall be updated, as the service needs of the child and family
dictate.  At a minimum, the case plan shall be updated in conjunction
with each status review hearing conducted pursuant to Section
366.21, and the hearing conducted pursuant to Section 366.26, but no
less frequently than once every six months.  Each updated case plan
shall include a description of the services that have been provided
to the child under the plan and an evaluation of the appropriateness
and effectiveness of those services.
   (f) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
   (g) The case plan shall be developed as follows:
   (1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention.
   (2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
   (3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
   (4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers.  The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative at least
every 12 months and submit a report to the court on each visit.  For
children in out-of-state group home facilities, visits shall be
conducted at least monthly, pursuant to Section 16516.5.  At least
once every six months, at the time of a regularly scheduled social
worker contact with the foster child, the child's social worker shall
inform the child of his or her rights as a foster child, as
specified in Section 16001.9.  The social worker shall provide the
information to the child in a manner appropriate to the age or
developmental level of the child.
   (5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan.  The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
   (B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002.  If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being.  These significant life events shall include,
but shall not be limited to, the following:
   (A) The death of an immediate relative.
   (B) The birth of a sibling.
   (C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
   (7) When out-of-home placement is made in a foster family home,
group home or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child.  When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
   (8) (A) When out-of-home services are used, or when parental
rights have been terminated and the case plan is placement for
adoption, the case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings.  This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation.  If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
   (B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (9) When out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider the importance of developing and
maintaining sibling relationships pursuant to Section 16002, and the
desire and willingness of the caregiver to provide legal permanency
for the child if reunification is unsuccessful.
   (10) When out-of-home services are used, the child has been in
care for at least 12 months, and the goal is not adoptive placement,
the case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's
best interest.  A determination completed or updated within the past
12 months by the department when it is acting as an adoption agency
or by a licensed adoption agency that it is unlikely that the child
will be adopted, or that one of the conditions described in paragraph
(1) of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
   (11) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan.  In any voluntary service or
placement agreement, the parents or legal guardians shall be required
to review and sign the case plan.  Whenever possible, parents and
legal guardians shall participate in the development of the case
plan.
   (B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law.  However, they shall also be
advised that the parent's or guardian's failure to cooperate, except
for good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
   (12) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing.  Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan.  When out-of-home services are used
with the goal of family reunification, the case plan shall consider
and describe the application of subdivision (b) of Section 11203.
   (13) When the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include documentation of the steps the agency is taking to find an
adoptive family or other permanent living arrangements for the child;
to place the child with an adoptive family, an appropriate and
willing relative, a legal guardian, or in another planned permanent
living arrangement; and to finalize the adoption or legal
guardianship.  At a minimum, the documentation shall include child
specific recruitment efforts, such as the use of state, regional, and
national adoption exchanges, including electronic exchange systems,
when the child has been freed for adoption.
   (h) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation.  Nothing in this section shall be
construed to require or prohibit the social worker's facilitation,
transportation, or supervision of visits between the child and his or
her siblings.
   (i) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
   (j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
   (k) The department, in consultation with the County Welfare
Directors Association and other advocates, shall develop standards
and guidelines for a model relative placement search and assessment
process based on the criteria established in Section 361.3.  These
guidelines shall be incorporated in the training described in Section
16206.  These model standards and guidelines shall be developed by
March 1, 1999.
  SEC. 8.9.  Section 16501.1 of the Welfare and Institutions Code is
amended to read:
   16501.1.  (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
   (2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers as appropriate in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
   (b) (1) A case plan shall be based upon the principles set forth
in this section and shall document that a preplacement assessment of
the service needs of the child and family, and preplacement
preventive services, have been provided, and that reasonable efforts
to prevent out-of-home placement have been made.
   (2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
   (3) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
   (4) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
   (c) When out-of-home placement is used to attain case plan goals,
the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, consistent with the selection
of the environment best suited to meet the child's special needs and
best interests, or both.  The selection shall consider, in order of
priority, placement with relatives, tribal members, and foster
family, group care, and residential treatment pursuant to Section
7950 of the Family Code.
   (d) As used in subdivisions (b) and (c), a home or setting that is
"safe" means that the home or setting is free from abuse or neglect,
as described in Section 11165.5 of the Penal Code.
   (e) A written case plan shall be completed within 30 days of the
initial removal of the child or of the in-person response required
under subdivision (f) of Section 16501 if the child has not been
removed from his or her home, or by the date of the dispositional
hearing pursuant to Section 358, whichever occurs first.  The case
plan shall be updated, as the service needs of the child and family
dictate.  At a minimum, the case plan shall be updated in conjunction
with each status review hearing conducted pursuant to Section
366.21, and the hearing conducted pursuant to Section 366.26, but no
less frequently than once every six months.  Each updated case plan
shall include a description of the services that have been provided
to the child under the plan and an evaluation of the appropriateness
and effectiveness of those services.
   (f) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
   (g) The case plan shall be developed as follows:
   (1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention.
   (2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
   (3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
   (4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers.  The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative at least
every 12 months and submit a report to the court on each visit.  For
children in out-of-state group home facilities, visits shall be
conducted at least monthly, pursuant to Section 16516.5.  At least
once every six months, at the time of a regularly scheduled social
worker contact with the foster child, the child's social worker shall
inform the child of his or her rights as a foster child, as
specified in Section 16001.9.  The social worker shall provide the
information to the child in a manner appropriate to the age or
developmental level of the child.
   (5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan.  The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
   (B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002.  If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being.  These significant life events shall include,
but shall not be limited to, the following:
   (A) The death of an immediate relative.
   (B) The birth of a sibling.
   (C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
   (7) When out-of-home placement is made in a foster family home,
group home or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child.  When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
   (8) (A) When out-of-home services are used, or when parental
rights have been terminated and the case plan is placement for
adoption, the case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings.  This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation.  If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
   (B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (9) When out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider the importance of developing and
maintaining sibling relationships pursuant to Section 16002, and the
desire and willingness of the caregiver to provide legal permanency
for the child if reunification is unsuccessful.
   (10) When out-of-home services are used, the child has been in
care for at least 12 months, and the goal is not adoptive placement,
the case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's
best interest.  A determination completed or updated within the past
12 months by the department when it is acting as an adoption agency
or by a licensed adoption agency that it is unlikely that the child
will be adopted, or that one of the conditions described in paragraph
(1) of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
   (11) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan.  In any voluntary service or
placement agreement, the parents or legal guardians shall be required
to review and sign the case plan.  Whenever possible, parents and
legal guardians shall participate in the development of the case
plan.
   (B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law.  However, they shall also be
advised that the parent's or guardian's failure to cooperate, except
for good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
   (12) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing.  Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan.  When out-of-home services are used
with the goal of family reunification, the case plan shall consider
and describe the application of subdivision (b) of Section 11203.
   (13) When the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include documentation of the steps the agency is taking to find an
adoptive family or other permanent living arrangements for the child;
to place the child with an adoptive family, an appropriate and
willing relative, a legal guardian, or in another planned permanent
living arrangement; and to finalize the adoption or legal
guardianship.  At a minimum, the documentation shall include child
specific recruitment efforts, such as the use of state, regional, and
national adoption exchanges, including electronic exchange systems,
when the child has been freed for adoption.
   (14) When appropriate, for a child who is 16 years of age or
older, the case plan shall include a written description of the
programs and services that will help the child prepare for the
transition from foster care to independent living.  The case plan
shall be developed with the child and individuals identified as
important to the child, and shall include steps the agency is taking
to ensure that the child has a connection to a caring adult.
   (h) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation.  Nothing in this section shall be
construed to require or prohibit the social worker's facilitation,
transportation, or supervision of visits between the child and his or
her siblings.
   (i) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
   (j) When a child who is 10 years of age or older has been in
out-of-home placement with a nonrelative for six months or longer
from the date the child entered foster care, the case plan shall
include an identification of individuals, other than the child's
siblings, who are important to the child and actions necessary to
maintain the child's relationship with those individuals, provided
that those relationships are in the best interest of the child.  The
social worker shall ask every child who is 10 years of age or older
who is not placed with a relative to identify any individuals other
than the child's siblings who are important to the child, and may ask
any child who is younger than 10 years of age to provide that
information, as appropriate.  The social worker shall make efforts to
identify other individuals who are important to the child,
consistent with the child's best interests.
   (k) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
   (l) The department, in consultation with the County Welfare
Directors Association and other advocates, shall develop standards
and guidelines for a model relative placement search and assessment
process based on the criteria established in Section 361.3.  These
guidelines shall be incorporated in the training described in Section
16206.  These model standards and guidelines shall be developed by
March 1, 1999.
  SEC. 9.  Section 16503.5 is added to the Welfare and Institutions
Code, to read:
   16503.5.  (a) A placing agency shall provide a caregiver placement
agreement to the child's caregiver at the time of the child's
placement with that caregiver.
   (b) For purposes of this part, "caregiver placement agreement"
means a written agreement between the placing agency and the child's
caregiver.  The department shall approve the format and content of
the placement agreement form to be used by a placing agency.
   (c) The agreement shall describe the terms and conditions of the
placement and any agreements made by the placing agency and the child'
s caregiver.
   (d) The agreement shall provide, at a minimum, the contact
information for the placing agency's social worker and the worker's
supervisor, including, but not limited to, telephone numbers,
facsimile numbers, and identifying information about
                          the child, including, but not limited to,
the child's social security number, if available, the child's
Medi-Cal number or group health plan number and information, if
available, and the child's State Department of Social Services
identification number.
   (e) A county placing agency may modify the forms to meet local
needs by adding to the form requirements for information, but may not
delete the form's core elements as determined by the department.
  SEC. 10.  Section 16010.6 of the Welfare and Institutions Code, as
added by Section 7 of this act, is declaratory of existing law and
intended to codify the holding in In re Robert A. (1992) 4
Cal.App.4th 174, at page 192, with respect to the obligation of the
county welfare department or county placing agency to give notice to
the attorney of a minor in foster placement as soon as the department
or agency makes a decision on the placement or a proposed change in
placement.
  SEC. 11.  (a) Section 8.5 of this bill incorporates amendments to
Section 16501.1 of the Welfare and Institutions Code proposed by both
this bill and AB 408.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2004,
(2) each bill amends Section 16501.1 of the Welfare and Institutions
Code, (3) AB 1151 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after AB 408, in which case
Sections 8, 8.7, and 8.9 of this bill shall not become operative.
   (b) Section 8.7 of this bill incorporates amendments to Section
16501 of the Welfare and Institutions Code proposed by both this bill
and AB 1151.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2004, (2) each
bill amends Section 16501 of the Welfare and Institutions Code, (3)
AB 408 is not enacted or as enacted does not amend that section, and
(4) this bill is enacted after AB 1151, in which case Sections 8,
8.5, and 8.9 of this bill shall not become operative.
   (c) Section 8.9 of this bill incorporates amendments to Section
16501 of the Welfare and Institutions Code proposed by this bill, AB
408, and AB 1151.  It shall only become operative if (1) all three
bills are enacted and become effective on or before January 1, 2004,
(2) all three bills amend Section 16501 of the Welfare and
Institutions Code, and (3) this bill is enacted after AB 408 and AB
1151, in which case Sections 8, 8.5, and 8.7 of this bill shall not
become operative.
  SEC. 12.  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.