BILL NUMBER: SB 1641	CHAPTERED  09/22/06

	CHAPTER  388
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2006
	PASSED THE SENATE  AUGUST 30, 2006
	PASSED THE ASSEMBLY  AUGUST 28, 2006
	AMENDED IN ASSEMBLY  AUGUST 22, 2006
	AMENDED IN ASSEMBLY  AUGUST 7, 2006
	AMENDED IN ASSEMBLY  JUNE 20, 2006

INTRODUCED BY   Senator Soto

                        FEBRUARY 24, 2006

   An act to amend Section 1536.2 of, and to add Section 1530.3 to,
the Health and Safety Code, and to amend Section 361.2 of the Welfare
and Institutions Code, relating to foster care.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1641, Soto  Foster care providers.
   Existing law provides for the licensure and regulation of
community care facilities, including foster family agencies, foster
family homes, small family homes, and group homes as defined, by the
State Department of Social Services.
   This bill would require the Director of Social Services to report
to the Legislature on the progress of the department's children's
residential regulation review workgroup, including recommendations
being considered for statutory, regulatory, and policy changes, and
any workplan for the implementation of those recommendations.
   Under existing law, when a placement agency has placed a child
with a foster family agency, the foster family agency is required to
place the child in a licensed foster family home or certified family
home that best meets the needs of the child.
   This bill would expand this provision to include instances when a
placement agency places a child with a relative caregiver, a
nonrelative extended family member, a licensed foster family home, or
a group home. The bill would define a home that meets the best needs
of the child to include a home that meets the child's health,
safety, and well-being needs, is the least restrictive and most
family-like environment, and allows the child to engage in
reasonable, age-appropriate day-to-day activities, as specified. The
bill would require the foster child's caregiver to use a reasonable
and prudent parent standard, as defined, to determine these
age-appropriate activities.
   Violation of the provisions relating to the licensing and
regulation of community care facilities is a misdemeanor.  By
revising the requirements applicable to placement agencies and foster
care providers, the bill would change the definition of a crime,
thereby imposing a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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


  SECTION 1.  The Legislature finds and declares as follows:
   (a) Many of the state's foster care licensing statutes,
regulations, and policies have understandably been developed with the
sole objective of protecting the safety of children and youth in
foster care, with little regard for the creation of a foster home
environment that resembles actual nonfoster care living environments.
In many cases these rules serve to stigmatize foster children and
youth by subjecting them to conventions dissimilar to other children.
  These rules are also often viewed as unreasonable by prospective
foster parents and therefore serve to discourage them from becoming
foster parents. Foster care licensing requirements should be
developed and implemented in a manner that is consistent with current
program best practices and the goals and objectives of the Child
Welfare System Improvement and Accountability Act of 2001 (Chapter
678 of the Statutes of 2001).
   (b) The State Department of Social Services has convened a
children's residential regulation review workgroup, which includes
representatives of the department and interested stakeholders, to
review community care licensing foster care statutes, regulations,
and policies, to ensure that they promote the safety and well-being
of children and youth in foster care, and who are leaving foster
care.
   (c) It is therefore the intent of the Legislature to ensure that
youth placed in out-of-home foster care be given an opportunity to
live in an environment that resembles as closely as possible
nonfoster care families. It is the further intent of the Legislature
to ensure that all licensing statutes, regulations, and policies
serve to promote the well-being of children and youth in foster care
and who are leaving foster care and to ensure children and youth are
safe and protected in foster care.
  SEC. 2.  Section 1530.3 is added to the Health and Safety Code, to
read:
   1530.3.  The director shall report to the Legislature during the
2007-08 budget hearings on the progress of the department's children'
s residential regulation review workgroup. The report shall include
all of the following:
   (a) A summary of the activities of the workgroup up to the date of
the report.
   (b) The timeline for completion of the workgroup's activities.
   (c) Any recommendations being considered for statutory,
regulatory, and policy changes, and any workplan for the
implementation of those recommendations.
  SEC. 3.  Section 1536.2 of the Health and Safety Code is amended to
read:
   1536.2.  (a) When a placement agency has placed a child with a
foster family agency for subsequent placement in a certified family
home, the foster family agency shall ensure placement of the child in
a home that best meets the needs of the child.
   (b) A home that best meets the needs of the child shall satisfy
all of the following criteria:
   (1) The child's caregiver is able to meet the health, safety, and
well-being needs of the child.
   (2) The child's caregiver is permitted to maintain the least
restrictive and most family-like environment that serves the needs of
the child.
   (3) The child is permitted to engage in reasonable,
age-appropriate, day-to-day activities that promote the most
family-like environment for the foster child.
   (4) The foster child's caregiver shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04 of the Welfare and Institutions Code, to
determine activities that are age-appropriate and meet the needs of
the child. Nothing in this section shall be construed to permit a
child's caregiver to permit the child to engage in activities that
carry an unreasonable risk of harm, or subject the child to abuse or
neglect.
  SEC. 4.  Section 361.2 of the Welfare and Institutions Code is
amended to read:
   361.2.  (a) When a court orders removal of a child pursuant to
Section 361, the court shall first determine whether there is a
parent of the child, with whom the child was not residing at the time
that the events or conditions arose that brought the child within
the provisions of Section 300, who desires to assume custody of the
child. If that parent requests custody, the court shall place the
child with the parent unless it finds that placement with that parent
would be detrimental to the safety, protection, or physical or
emotional well-being of the child.
   (b) If the court places the child with that parent it may do any
of the following:
   (1) Order that the parent become legal and physical custodian of
the child. The court may also provide reasonable visitation by the
noncustodial parent. The court shall then terminate its jurisdiction
over the child. The custody order shall continue unless modified by a
subsequent order of the superior court. The order of the juvenile
court shall be filed in any domestic relation proceeding between the
parents.
   (2) Order that the parent assume custody subject to the
jurisdiction of the juvenile court and require that a home visit be
conducted within three months. In determining whether to take the
action described in this paragraph, the court shall consider any
concerns that have been raised by the child's current caregiver
regarding the parent. After the social worker conducts the home visit
and files his or her report with the court, the court may then take
the action described in paragraph (1), (3), or this paragraph.
However, nothing in this paragraph shall be interpreted to imply that
the court is required to take the action described in this paragraph
as a prerequisite to the court taking the action described in either
paragraph (1) or paragraph (3).
   (3) Order that the parent assume custody subject to the
supervision of the juvenile court. In that case the court may order
that reunification services be provided to the parent or guardian
from whom the child is being removed, or the court may order that
services be provided solely to the parent who is assuming physical
custody in order to allow that parent to retain later custody without
court supervision, or that services be provided to both parents, in
which case the court shall determine, at review hearings held
pursuant to Section 366, which parent, if either, shall have custody
of the child.
   (c) The court shall make a finding either in writing or on the
record of the basis for its determination under subdivisions (a) and
(b).
   (d) Part 6 (commencing with Section 7950) of Division 12 of the
Family Code shall apply to the placement of a child pursuant to
paragraphs (1) and (2) of subdivision (e).
   (e) When the court orders removal pursuant to Section 361, the
court shall order the care, custody, control, and conduct of the
child to be under the supervision of the social worker who may place
the child in any of the following:
   (1) The home of a noncustodial parent as described in subdivision
(a).
   (2) The approved home of a relative.
   (3) The approved home of a nonrelative extended family member as
defined in Section 362.7.
   (4) A foster home in which the child has been placed before an
interruption in foster care, if that placement is in the best
interest of the child and space is available.
   (5) A suitable licensed community care facility.
   (6) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
   (7) A home or facility in accordance with the federal Indian Child
Welfare Act.
   (8) A child under the age of six years may be placed in a
community care facility licensed as a group home for children, or a
temporary shelter care facility as defined in Section 1530.8 of the
Health and Safety Code, only under any of the following
circumstances:
   (A) When a case plan indicates that placement is for purposes of
providing specialized treatment to the child, the case plan specifies
the need for, nature of, and anticipated duration of this treatment,
and the facility meets the applicable regulations adopted under
Section 1530.8 of the Health and Safety Code and standards developed
pursuant to Section 11467.1. The specialized treatment period shall
not exceed 120 days, unless additional time is needed pursuant to the
case plan as documented by the caseworker and approved by the
caseworker's supervisor.
   (B) When a case plan indicates that placement is for purposes of
providing family reunification services. In addition, the facility
offers family reunification services that meet the needs of the
individual child and his or her family, permits parents to have
reasonable access to their children 24 hours a day, encourages
extensive parental involvement in meeting the daily needs of their
children, and employs staff trained to provide family reunification
services. In addition, one of the following conditions exists:
   (i) The child's parent is also a ward of the court and resides in
the facility.
   (ii) The child's parent is participating in a treatment program
affiliated with the facility and the child's placement in the
facility facilitates the coordination and provision of reunification
services.
   (iii) Placement in the facility is the only alternative that
permits the parent to have daily 24-hour access to the child in
accordance with the case plan, to participate fully in meeting all of
the daily needs of the child, including feeding and personal
hygiene, and to have access to necessary reunification services.
   (f) (1) If the child is taken from the physical custody of the
child's parent or guardian and unless the child is placed with
relatives, the child shall be placed in foster care in the county of
residence of the child's parent or guardian in order to facilitate
reunification of the family.
   (2) In the event that there are no appropriate placements
available in the parent's or guardian's county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent's or guardian's
community of residence.
   (3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child's placement corresponding to
frequent changes of residence by the parent or guardian. In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent's or guardian's
reason for the move.
   (4) When it has been determined that it is necessary for a child
to be placed in a county other than the child's parent's or guardian'
s county of residence, the specific reason the out-of-county
placement is necessary shall be documented in the child's case plan.
If the reason the out-of-county placement is necessary is the lack of
resources in the sending county to meet the specific needs of the
child, those specific resource needs shall be documented in the case
plan.
   (5) When it has been determined that a child is to be placed
out-of-county either in a group home or with a foster family agency
for subsequent placement in a certified foster family home, and the
sending county is to maintain responsibility for supervision and
visitation of the child, the sending county shall develop a plan of
supervision and visitation that specifies the supervision and
visitation activities to be performed and specifies that the sending
county is responsible for performing those activities. In addition to
the plan of supervision and visitation, the sending county shall
document information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern in the receiving county. Upon implementation of the Child
Welfare Services Case Management System, the plan of supervision and
visitation, as well as information regarding any known or suspected
dangerous behavior of the child, shall be made available to the
receiving county upon placement of the child in the receiving county.
If placement occurs on a weekend or holiday, the information shall
be made available to the receiving county on or before the end of the
next business day.
   (6) When it has been determined that a child is to be placed
out-of-county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties. The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation. The formal agreement shall be approved
and signed by the sending and receiving counties prior to placement
of the child in the receiving county. In addition, upon completion of
the case plan, the sending county shall provide a copy of the
completed case plan to the receiving county. The case plan shall
include information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern to the receiving county.
   (g) Whenever the social worker must change the placement of the
child and is unable to find a suitable placement within the county
and must place the child outside the county, the placement shall not
be made until he or she has served written notice on the parent or
guardian at least 14 days prior to the placement, unless the child's
health or well-being is endangered by delaying the action or would be
endangered if prior notice were given. The notice shall state the
reasons which require placement outside the county. The parent or
guardian may object to the placement not later than seven days after
receipt of the notice and, upon objection, the court shall hold a
hearing not later than five days after the objection and prior to the
placement. The court shall order out-of-county placement if it finds
that the child's particular needs require placement outside the
county.
   (h) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether the family ties and best interest of the
child will be served by granting visitation rights to the child's
grandparents. The court shall clearly specify those rights to the
social worker.
   (i) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether there are any siblings under the court's
jurisdiction, the nature of the relationship between the child and
his or her siblings, the appropriateness of developing or maintaining
the sibling relationships pursuant to Section 16002, and the impact
of the sibling relationships on the child's placement and planning
for legal permanence.
   (j) (1) When an agency has placed a child with a relative
caregiver, a nonrelative extended family member, a licensed foster
family home, or a group home, the agency shall ensure placement of
the child in a home that, to the fullest extent possible, best meets
the day-to-day needs of the child. A home that best meets the
day-to-day needs of the child shall satisfy all of the following
criteria:
   (A) The child's caregiver is able to meet the day-to-day health,
safety, and well-being needs of the child.
   (B) The child's caregiver is permitted to maintain the least
restrictive and most family-like environment that serves the
day-to-day needs of the child.
   (C) The child is permitted to engage in reasonable,
age-appropriate day-to-day activities that promote the most
family-like environment for the foster child.
   (2) The foster child's caregiver shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, to determine day-to-day activities that are
age-appropriate to meet the needs of the child. Nothing in this
section shall be construed to permit a child's caregiver to permit
the child to engage in day-to-day activities that carry an
unreasonable risk of harm, or subject the child to abuse or neglect.

  SEC. 5.   No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.