BILL NUMBER: AB 12 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 29, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
AMENDED IN ASSEMBLY MARCH 23, 2009
INTRODUCED BY Assembly Members Beall and Bass
(Principal coauthor: Senator Liu)
(Coauthors: Assembly Members Ammiano, Anderson, Tom
Berryhill, Block, Blumenfield, Brownley, Carter,
Chesbro, Conway, Coto, Davis, De La Torre, De Leon,
Emmerson, Eng, Evans, Fletcher, Galgiani, Gilmore, Hall,
Harkey, Hernandez, Huber, Huffman, Jones, Krekorian,
Ma, Monning, Nestande, John A. Perez, Portantino, Salas,
Saldana, Skinner, Smyth, Solorio, Audra Strickland,
Swanson, Torlakson, Torrico, Villines, and Yamada)
(Coauthors: Senators Cedillo, DeSaulnier, Ducheny, Hancock,
Steinberg, and Wiggins)
DECEMBER 1, 2008
An act to amend Section 17552 of the Family Code, to amend
Sections 1501.1 and 1505 of, and to add Section 1502.7 to, the Health
and Safety Code, and to amend Sections 293, 300, 303, 358.1, 360,
361.2, 361.45, 361.5, 366, 366.21, 366.22, 366.25,
366.3, 366.4, 388, 10609.4, 11008.15, 11155.5, 11253, 11360, 11361,
11362, 11363, 11365, 11366, 11367, 11369, 11371, 11372, 11374, 11375,
11376, 11400, 11401, 11401.05, 11401.4, 11401.5, 11402,
11403.2, 11405, 11450, 11450.16, 11454.5, 11461,
11464, 11465, 11466.23, 11466.24, 16120, 16123, 16501, 16501.1,
16501.25, 16503, 16507.3, 16507.4, 16507.6, and 16508 of, to amend,
repeal, and add Sections 391 and 11403 of, to add Sections 366.31,
11377, and 11401.05 11401.05, and 11403.01
to, to repeal Sections 11368, 11370, and 11373 of, to repeal
and add Section 11364 of, and to add Article 4.7 (commencing with
Section 11385) to Chapter 2 of Part 3 of Division 9 of, the Welfare
and Institutions Code, relating to foster children.
LEGISLATIVE COUNSEL'S DIGEST
AB 12, as amended, Beall. California Fostering Connections to
Success Act.
(1) Existing law provides for the out-of-home placement of
children who are unable to remain in the custody and care of their
parent or parents, and provides for a range of child welfare, foster
care, and adoption assistance services for which these children may
be eligible.
Existing federal law, the Fostering Connections to Success and
Increasing Adoptions Act of 2008 revises and expands federal programs
and funding for certain foster and adopted children.
Existing law, the California Community Care Facilities Act,
provides for the licensure and regulation of community care
facilities, including facilities that provide care for foster
children, by the State Department of Social Services. A violation of
these provisions is a misdemeanor.
Existing law authorizes the placement of children with varying
designations and varying needs in the same facility under specified
circumstances.
This bill would extend these provisions to also include nonminor
dependents. The bill would define the term "nonminor dependent" and
related terms for purposes of the bill.
This bill, commencing no later than July 1, 2011, would require
the department, in consultation with specified government and other
entities, to revise regulations regarding health and safety standards
for licensing foster family homes and community care facilities in
which nonminor dependents of the juvenile court are placed under the
responsibility of the county welfare or probation department or an
Indian tribe that has entered into a specified agreement with the
department.
Under existing law, the California Community Care Facilities Act
does not apply to designated categories of facilities, including,
among others, the home of a relative caregiver or nonrelative
extended family member of a child placed by a juvenile court, as
specified.
This bill would include a supervised independent living setting
for a nonminor dependent placed by the juvenile court on the list of
facilities to which the act does not apply.
(2) Existing law establishes the jurisdiction of the juvenile
court, which is permitted to adjudge certain children to be
dependents of the court under certain circumstances.
This bill would expand the jurisdiction of the juvenile court by
allowing it to adjudge a child placed voluntarily in an approved home
of a relative for not more than 180 days a dependent of the court,
if prescribed conditions are met.
Existing law authorizes a juvenile court to retain jurisdiction
over any person who is found to be a dependent child of the juvenile
court until the ward or dependent child attains the age of 21 years.
Existing law places certain minors for whom a guardianship has
been established within the jurisdiction of the juvenile court.
This bill would expand the court's jurisdiction to include a
nonminor dependent who is eligible to receive specified kinship
guardian assistance payments.
This bill would extend the court's jurisdiction to a ward who has
been placed into foster care or a dependent who reaches the age of
majority before jurisdiction is terminated until the nonminor reaches
21 years of age. The bill would , commencing
October 1, 2010, would allow a nonminor who left foster
care at or after the age of majority to petition the court to have
dependency jurisdiction resumed, in accordance with a provision of
existing law. By making various conforming changes in provisions
relating to the duties of local agency employees in dependency
proceedings, this bill would create a state-mandated local program.
(3) Existing law authorizes a social worker to place a child whom
the court has ordered to be removed from his or her home into one of
7 designated placements, including the home of a noncustodial parent
or the approved home of a relative.
This bill would add to this list of approved placements a
supervised independent living setting, as defined by the bill, for a
nonminor dependent between 18 and 21 years of age.
(4) Existing law authorizes a change in the placement of a child
on an emergency basis due to the sudden unavailability of a foster
caregiver.
This bill would require, under these emergency circumstances, when
a nonminor dependent is placed in the home of a relative or
nonrelative, that the home be approved using the health and safety
standards established by the department for the placement of nonminor
dependents, as required by the bill.
(5) Existing law requires the status of dependent children to be
periodically reviewed, and requires the court to consider the safety
of the child and make certain determinations.
This bill similarly would require every nonminor dependent who is
in foster care to be reviewed periodically as determined by the
court, as specified. This bill would , commencing
October 1, 2010, would require the court to ensure that
the child's transitional independent living case plan includes a plan
for the child to meet one or more criteria that would allow the
child to remain a nonminor dependent, and to ensure that the child
has been informed of his or her right to seek the termination of
dependency jurisdiction.
This bill, on and after October 1, 2010, would authorize a court
to continue jurisdiction over a nonminor dependent with a permanent
plan of long-term foster care, and would designate the
responsibilities of the court in this regard.
(6) Existing law establishes procedures for a hearing to terminate
the court's jurisdiction over a dependent child who has reached the
age of majority.
This bill would delete the existing hearing procedures as of
October 1, 2010, and would set forth revised hearing requirements for
determining whether to terminate or continue dependency
jurisdiction. The bill would require the court to continue dependency
jurisdiction for a child participating in certain educational or
vocational activities. This bill would impose various duties on
county welfare departments in connection with the hearing process,
thereby creating a state-mandated local program.
(7) Existing law requires the State Department of Social Services
to develop statewide standards for the Independent Living Program for
emancipated foster youth which is established and funded pursuant to
federal law to assist these individuals in making the transition to
self-sufficiency. Under existing law, the department is required to
develop and adopt emergency regulations that counties are required to
meet when administering the program, that are achievable within
available resources.
This bill would require the department to develop and adopt the
Independent Living Program regulations on or before July 1, 2011, and
would specify that the regulations be achievable within both
available program resources and available federal funds for case
management and case plan review provided for in the federal act. The
bill would require the department, on or before July 1, 2011, to
review and develop modifications to the Independent Living Program,
to also serve the needs of nonminor dependent youth, as specified.
(8) Existing law prohibits benefits under the CalWORKs program
from being paid to or on behalf of any child who has attained 18
years of age, unless the child is engaged in specified educational or
training activities.
This bill would also authorize a nonminor dependent, as defined,
to receive CalWORKs aid, as specified.
(9) Existing law authorizes a child who is declared a ward or
dependent child of the court who is 16 years of age or older, to
retain specified cash resources and still remain eligible to receive
public social services.
This bill would apply this provision to a current or former
dependent child or ward of the court between 18 and 21 years of age,
who is participating in a transitional independent living case plan
pursuant to the federal act.
(10) Existing law, through the Kinship Guardianship Assistance
Payment Program (Kin-GAP), which is a part of the CalWORKs program,
provides aid on behalf of eligible children who are placed in the
home of a relative caretaker. The program is funded by state and
county funding and available federal funds.
This bill, would revise the Kin-GAP Program to provide
state-funded assistance for youth not eligible under the federally
funded program and would require the state to exercise its option
under specified federal law to establish a kinship guardianship
assistance payment program, as specified, for youth eligible for
federal financial participation. The bill would make related
conforming changes.
(11) Existing law establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties provide
payments to foster care providers on behalf of qualified children in
foster care. The program is funded by a combination of federal,
state, and county funds. Under existing law, AFDC-FC benefits are
available, with specified exceptions, on behalf of qualified children
under 18 years of age.
This bill would require the department to amend its foster care
state plan required under specified federal law, to extend AFDC-FC
benefits, commencing October 1, 2010, to specified individuals up to
21 years of age, in accordance with a designated provision of federal
law.
This bill would extend AFDC-FC benefits to nonminor dependents, as
specified, including revising AFDC-FC rate provisions to apply to
these individuals. By expanding eligibility under the
county-administered AFDC-FC program, the bill would impose a
state-mandated local program.
(12) Under existing law, in order to be eligible for AFDC-FC
benefits, a child must be placed in one of 8 designated placements.
This bill would add to the eligible AFDC-FC placements, with
respect to an otherwise eligible youth over 18 years of age, an
independent, supervised independent living setting. By increasing
county duties in administering the AFDC-FC program, the bill would
impose a state-mandated local program.
(13) Under existing law, a minor between 16 and 18 years of age
who is eligible for AFDC-FC benefits and who meets other specified
requirements is eligible for certain transitional housing placement
program services in a participating county.
This bill would , commencing October 1, 2010,
would make a nonminor dependent who is eligible for
AFDC-FC benefits also eligible for transitional housing benefits.
This bill would revise existing provisions relating to the
resolution of certain foster care overpayments to apply to Kin-GAP
guardian homes and payments on behalf of nonminor dependents residing
in supervised independent living settings.
(14) Under existing law, a parent or caretaker relative is
ineligible to receive CalWORKs aid when he or she has received aid
for a cumulative total of 60 months. Existing law excludes from this
calculation months when designated conditions exist.
This bill, commencing October 1, 2010, would additionally exclude
from the above calculation months when a recipient is a nonminor
dependent participating in educational or training activities, as
prescribed.
Moneys from the General Fund are continuously appropriated to pay
for a portion of CalWORKs aid grant costs, and for the state's share
of AFDC-FC costs.
This bill would provide that no appropriation from the General
Fund would be made for the purposes of implementing these provisions.
By increasing duties of counties administering the AFDC-FC
program, this bill also would impose a state-mandated local program.
(15) Existing law provides for the Adoption Assistance Program
(AAP), to be established and administered by the State Department of
Social Services or the county, for the purpose of benefiting children
residing in foster homes by providing the stability and security of
permanent homes. The AAP provides for the payment by the department
and counties, of cash assistance to eligible families that adopt
eligible children, and bases the amount of the payment on the needs
of the child and the resources of the family to meet those needs.
Existing law sets forth eligibility requirements for the AAP,
including that a child must be under 18 years of age, or under 21
years of age with a mental or physical disability that warrants
continued assistance.
This bill would additionally include children under 21 years of
age who turned 16 years of age before the adoption assistance
agreement became effective, and is involved in designated education
or employment activities, or is incapable of engaging in these
activities due to a medical condition. Payment of adoption assistance
would be available for these individuals commencing October 1, 2010,
as long as specified federal funds remain available and the state
continues to exercise its option to extend payments up to 21 years of
age pursuant to the federal act.
(16) Existing law requires the state, through the department and
county welfare departments, to establish and support a public system
of statewide child welfare services. Under existing law, the term
"child welfare services" includes various services provided on behalf
of children alleged to be the victims of child abuse, neglect, or
exploitation. Existing law establishes the case plan as the
foundation and central unifying tool in the provision of child
welfare services.
This bill would revise the definition of child welfare services to
include transitional independent living services, as needed in
connection with the provision of other permanent placement services.
The bill would revise the requirements for the case plan, effective
October 1, 2010, with respect to nonminor dependents, to address the
developmental needs of young adults, as specified. The bill would
also require the case plan to specify why a group home placement, if
made, is necessary for the nonminor dependent's transition to
independent living, and would require the nonminor dependent to
participate and develop, and to sign, his or her case plan,
commencing October 1, 2010. By increasing the duties of counties in
preparing case plans, the bill would impose a state-mandated local
program.
This bill would revise the definition of a whole family foster
home, to include a home that provides foster care for a nonminor
dependent parent and his or her child, for purposes of the AFDC-FC
program. Effective October 1, 2010, the bill would require that the
same rate be paid for the care and supervision of the child of a
nonminor dependent as is paid for the child of a teen parent in a
whole family foster home. The bill would make other provisions
applicable to a teen parent, for purposes of the child welfare
services program, also applicable to certain nonminor dependents
living in a whole family foster home.
Existing law limits child welfare services for voluntarily placed
children to a period not to exceed 6 months.
This bill would, instead, limit the services to a period not to
exceed 180 days, and would make conforming changes.
(17) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
"California Fostering Connections to Success Act."
SEC. 2. Section 17552 of the Family Code is amended to read:
17552. (a) The State Department of Social Services, in
consultation with the Department of Child Support Services, shall
promulgate regulations by which the county child welfare department,
in any case of separation or desertion of a parent or parents from a
child that results in foster care assistance payments under Section
11400 of, or CalWORKs payments to a caretaker relative of a child who
comes within the jurisdiction of the juvenile court under Section
300, 601, or 602 of the Welfare and Institutions Code, who has been
removed from the parental home and placed with the caretaker relative
by court order, and who is under the supervision of the county child
welfare agency or probation department under Section 11250 of, or
Kin-GAP payments under Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385) of, or aid under
subdivision (c) of Section 10101 of, the Welfare and Institutions
Code, shall determine whether it is in the best interests of the
child to have the case referred to the local child support agency for
child support services. If reunification services are not offered or
are terminated, the case may be referred to the local child support
agency, unless the child's permanent plan is Kin-GAP and the payment
of support by the parent may compromise the stability of the related
guardianship. In making the determination, the department regulations
shall provide the factors the county child welfare department shall
consider, including:
(1) Whether the payment of support by the parent will pose a
barrier to the proposed reunification, in that the payment of support
will compromise the parent's ability to meet the requirements of the
parent's reunification plan.
(2) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent's current or future ability to meet the
financial needs of the child.
(b) The department regulations shall provide that, where the
county child welfare department determines that it is not in the best
interests of the child to seek a support order against the parent,
the county child welfare department shall refrain from referring the
case to the local child support agency. The regulations shall define
those circumstances in which it is not in the best interest of the
child to refer the case to the local child support agency.
(c) The department regulations shall provide, where the county
child welfare department determines that it is not in the child's
best interest to have his or her case referred to the local child
support agency, the county child welfare department shall review that
determination annually to coincide with the redetermination of
AFDC-FC eligibility under Section 11401.5 of, or the CalWORKs
eligibility under Section 11265 of, or Kin-GAP eligibility under
Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385) of Chapter 2 of Part 3 of
Division 9 of, the Welfare and Institutions Code, and shall refer the
child's case to the local child support agency upon a determination
that, due to a change in the child's circumstances, it is no longer
contrary to the child's best interests to have his or her case
referred to the local child support agency.
(d) The State Department of Social Services shall promulgate all
necessary regulations pursuant to this section on or before October
1, 2002.
SEC. 3. Section 1501.1 of the Health and Safety Code is amended to
read:
1501.1. (a) It is the policy of the state to facilitate the
proper placement of every child in residential care facilities where
the placement is in the best interests of the child. A county may
require placement or licensing agencies, or both placement and
licensing agencies, to actively seek out-of-home care facilities
capable of meeting the varied needs of the child. Therefore, in
placing children in out-of-home care, particular attention should be
given to the individual child's needs, the ability of the facility to
meet those needs, the needs of other children in the facility, the
licensing requirements of the facility as determined by the licensing
agency, and the impact of the placement on the family reunification
plan.
(b) Pursuant to this section, children with varying designations
and varying needs, including nonminor dependents, as defined in
subdivision (v) of Section 11400 of the Welfare and Institutions
Code, except as provided by statute, may be placed in the same
facility provided the facility is licensed, complies with all
licensing requirements relevant to the protection of the child, and
has a special permit, if necessary, to meet the needs of each child
so placed. A facility may not require, as a condition of placement,
that a child be identified as an individual with exceptional needs as
defined by Section 56026 of the Education Code.
(c) Neither the requirement for any license nor any regulation
shall restrict the implementation of the provisions of this section.
Implementation of this section does not obviate the requirement for a
facility to be licensed by the department.
(d) Pursuant to this section, children with varying designations
and varying needs, including nonminor dependents, except as provided
by statute, may be placed in the same licensed foster family home or
with a foster family agency for subsequent placement in a certified
family home. Children with developmental disabilities, mental
disorders, or physical disabilities may be placed in licensed foster
family homes or certified family homes, provided that an appraisal of
the child's needs and the ability of the receiving home to meet
those needs is made jointly by the placement agency and the licensee
in the case of licensed foster family homes or the placement agency
and the foster family agency in the case of certified family homes,
and is followed by written confirmation prior to placement. The
appraisal shall confirm that the placement poses no threat to any
child in the home.
For purposes of this chapter, the placing of children by foster
family agencies shall be referred to as "subsequent placement" to
distinguish the activity from the placing by public agencies.
SEC. 4. Section 1502.7 is added to the Health and Safety Code, to
read:
1502.7. (a) On or before July 1, 2011, the department, in
consultation with representatives of the Legislature, the County
Welfare Directors Association, the Chief Probation Officers of
California, the California Youth Connection, the Judicial Council,
former foster youth, child advocacy organizations, dependency counsel
for children, foster caregiver organizations , labor
organizations , and representatives of tribes, shall revise
regulations regarding health and safety standards for licensing
foster family homes and community care facilities in which nonminor
dependents, as defined in subdivision (v) of Section 11400 of the
Welfare and Institutions Code, of the juvenile court are placed under
the responsibility of the county welfare or probation department or
an Indian tribe that entered into an agreement pursuant to Section
10553.1 of the Welfare and Institutions Code.
(b) The regulations shall recognize the status of nonminor
dependents as legal adults. At a minimum, the regulations shall
provide both of the following:
(1) That nonminors described in subdivision (a) shall have the
greatest amount of freedom that will safely prepare them for
self-sufficiency.
(2) That nonminors who remain in the same community care facility
with that they were placed in while under 18
years of age, and that facility has children under 18 years of
age need not be subject to criminal background clearances pursuant to
Sections 1522 and 1522.1.
(c) Notwithstanding the Administrative Procedure Act, Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, the department shall, in consultation with the
stakeholders listed in subdivision (a), prepare for implementation of
the applicable provisions of this section by publishing all county
letters or similar instructions from the director by July 1, 2010, to
apply from October 1, 2010 to June 30, 2011, inclusive. Emergency
regulations to implement this section may be adopted by the director
in accordance with the Administrative Procedure Act. The initial
adoption of the emergency regulations and one readoption of the
initial regulations shall be deemed to be an emergency and necessary
for the immediate preservation of the public peace, health, safety,
or general welfare. Initial emergency regulations and the first
readoption of those emergency regulations shall be exempt from review
by the Office of Administrative Law. The emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and shall
remain in effect for no more than 180 days.
SEC. 5. Section 1505 of the Health and Safety Code is amended to
read:
1505. This chapter does not apply to any of the following:
(a) Any health facility, as defined by Section 1250.
(b) Any clinic, as defined by Section 1202.
(c) Any juvenile placement facility approved by the California
Youth Authority or any juvenile hall operated by a county.
(d) Any place in which a juvenile is judicially placed pursuant to
subdivision (a) of Section 727 of the Welfare and Institutions Code.
(e) Any child day care facility, as defined in Section 1596.750.
(f) Any facility conducted by and for the adherents of any
well-recognized church or religious denomination for the purpose of
providing facilities for the care or treatment of the sick who depend
upon prayer or spiritual means for healing in the practice of the
religion of the church or denomination.
(g) Any school dormitory or similar facility determined by the
department.
(h) Any house, institution, hotel, homeless shelter, or other
similar place that supplies board and room only, or room only, or
board only, provided that no resident thereof requires any element of
care as determined by the director.
(i) Recovery houses or other similar facilities providing group
living arrangements for persons recovering from alcoholism or drug
addiction where the facility provides no care or supervision.
(j) Any alcoholism or drug abuse recovery or treatment facility as
defined by Section 11834.11.
(k) Any arrangement for the receiving and care of persons by a
relative or any arrangement for the receiving and care of persons
from only one family by a close friend of the parent, guardian, or
conservator, if the arrangement is not for financial profit and
occurs only occasionally and irregularly, as defined by regulations
of the department. For purposes of this chapter, arrangements for the
receiving and care of persons by a relative shall include relatives
of the child for the purpose of keeping sibling groups together.
() (1) Any home of a relative caregiver of children who are placed
by a juvenile court, supervised by the county welfare or probation
department, and the placement of whom is approved according to
subdivision (d) of Section 309 of the Welfare and Institutions Code.
(2) Any home of a nonrelative extended family member, as described
in Section 362.7 of the Welfare and Institutions Code, providing
care to children who are placed by a juvenile court, supervised by
the county welfare or probation department, and the placement of whom
is approved according to subdivision (d) of Section 309 of the
Welfare and Institutions Code.
(3) Any supervised independent living setting for nonminor
dependents, as defined in subdivision (v) (w)
of Section 11400 of the Welfare and Institutions Code, who are
placed by the juvenile court, supervised by the county welfare
department, probation department, or Indian tribe that entered into
an agreement pursuant to Section 10553.1 of the Welfare and
Institutions Code, and whose placement is approved pursuant to
subdivision (k) of Section 11400 of the Welfare and Institutions
Code.
(m) Any supported living arrangement for individuals with
developmental disabilities as defined in Section 4689 of the Welfare
and Institutions Code.
(n) (1) Any family home agency, family home, or family teaching
home as defined in Section 4689.1 of the Welfare and Institutions
Code, that is vendored by the State Department of Developmental
Services and that does any of the following:
(A) As a family home approved by a family home agency, provides
24-hour care for one or two adults with developmental disabilities in
the residence of the family home provider or providers and the
family home provider or providers' family, and the provider is not
licensed by the State Department of Social Services or the State
Department of Health Care Services or certified by a licensee of the
State Department of Social Services or the State Department of Health
Care Services.
(B) As a family teaching home approved by a family home agency,
provides 24-hour care for a maximum of three adults with
developmental disabilities in independent residences, whether
contiguous or attached, and the provider is not licensed by the State
Department of Social Services or the State Department of Health Care
Services or certified by a licensee of the State Department of
Social Services or the State Department of Health Care Services.
(C) As a family home agency, engages in recruiting, approving, and
providing support to family homes.
(2) No part of this subdivision shall be construed as establishing
by implication either a family home agency or family home licensing
category.
(o) Any facility in which only Indian children who are eligible
under the federal Indian Child Welfare Act, Chapter 21 (commencing
with Section 1901) of Title 25 of the United States Code are placed
and that is one of the following:
(1) An extended family member of the Indian child, as defined in
Section 1903 of Title 25 of the United States Code.
(2) A foster home that is licensed, approved, or specified by the
Indian child's tribe pursuant to Section 1915 of Title 25 of the
United States Code.
(p) Any housing for elderly or disabled persons, or both, that is
approved and operated pursuant to Section 202 of Public Law 86-372
(12 U.S.C.A. Sec. 1701g), or Section 811 of Public Law 101-625 (42
U.S.C.A. Sec. 8013), or whose mortgage is insured pursuant to Section
236 of Public Law 90-448 (12 U.S.C.A. Sec. 1715z), or that receives
mortgage assistance pursuant to Section 221d (3) of Public Law 87-70
(12 U.S.C.A. Sec. 17151), where supportive services are made
available to residents at their option, as long as the project owner
or operator does not contract for or provide the supportive services.
The project owner or operator may coordinate, or help residents gain
access to, the supportive services, either directly, or through a
service coordinator.
(q) Any similar facility determined by the director.
SEC. 6. Section 293 of the Welfare and Institutions Code is
amended to read:
293. The social worker or probation officer shall give notice of
the review hearings held pursuant to Section 366.21, 366.22, or
366.25 in the following manner:
(a) Notice of the hearing shall be given to the following persons:
(1) The mother.
(2) The presumed father or any father receiving services.
(3) The legal guardian or guardians.
(4) The child, if the child is 10 years of age or older.
(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
(6) In the case of a child removed from the physical custody of
his or her parent or legal guardian, the current caregiver of the
child, including the foster parents, relative caregivers, preadoptive
parents, nonrelative extended family members, community care
facility, or foster family agency having custody of the child. In a
case in which a foster family agency is notified of the hearing
pursuant to this section, and the child resides in a foster home
certified by the foster family agency, the foster family agency shall
provide timely notice of the hearing to the child's caregivers.
(7) Each attorney of record if that attorney was not present at
the time that the hearing was set by the court.
(b) No notice is required for a parent whose parental rights have
been terminated.
(c) The notice of hearing shall be served not earlier than 30
days, nor later than 15 days, before the hearing.
(d) The notice shall contain a statement regarding the nature of
the hearing to be held and any change in the custody or status of the
child being recommended by the supervising agency. If the notice is
to the child, parent or parents, or legal guardian or guardians, the
notice shall also advise them of the right to be present, the right
to be represented by counsel, the right to request counsel, and the
right to present evidence. The notice shall also state that if the
parent or parents or legal guardian or guardians fail to appear, the
court may proceed without them.
(e) Service of the notice shall be by first-class mail addressed
to the last known address of the person to be noticed or by personal
service on the person. Service of a copy of the notice shall be by
personal service or by certified mail, return receipt requested, or
any other form of notice that is equivalent to service by first-class
mail.
(f) Notice to the current caregiver of the child, including a
foster parent, a relative caregiver, a preadoptive parent, or a
nonrelative extended family member, or to a certified foster parent
who has been approved for adoption, or the State Department of Social
Services when it is acting as an adoption agency in counties that
are not served by a county adoption agency or by a licensed county
adoption agency, shall indicate that the person notified may attend
all hearings or may submit any information he or she deems relevant
to the court in writing.
(g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.
SEC. 7. Section 300 of the Welfare and Institutions Code is
amended to read:
300. Any child who comes within any of the following descriptions
is within the jurisdiction of the juvenile court which may adjudge
that person to be a dependent child of the court:
(a) The child has suffered, or there is a substantial risk that
the child will suffer, serious physical harm inflicted
nonaccidentally upon the child by the child's parent or guardian. For
the purposes of this subdivision, a court may find there is a
substantial risk of serious future injury based on the manner in
which a less serious injury was inflicted, a history of repeated
inflictions of injuries on the child or the child's siblings, or a
combination of these and other actions by the parent or guardian
which indicate the child is at risk of serious physical harm. For
purposes of this subdivision, "serious physical harm" does not
include reasonable and age-appropriate spanking to the buttocks where
there is no evidence of serious physical injury.
(b) The child has suffered, or there is a substantial risk that
the child will suffer, serious physical harm or illness, as a result
of the failure or inability of his or her parent or guardian to
adequately supervise or protect the child, or the willful or
negligent failure of the child's parent or guardian to adequately
supervise or protect the child from the conduct of the custodian with
whom the child has been left, or by the willful or negligent failure
of the parent or guardian to provide the child with adequate food,
clothing, shelter, or medical treatment, or by the inability of the
parent or guardian to provide regular care for the child due to the
parent's or guardian's mental illness, developmental disability, or
substance abuse. No child shall be found to be a person described by
this subdivision solely due to the lack of an emergency shelter for
the family. Whenever it is alleged that a child comes within the
jurisdiction of the court on the basis of the parent's or guardian's
willful failure to provide adequate medical treatment or specific
decision to provide spiritual treatment through prayer, the court
shall give deference to the parent's or guardian's medical treatment,
nontreatment, or spiritual treatment through prayer alone in
accordance with the tenets and practices of a recognized church or
religious denomination, by an accredited practitioner thereof, and
shall not assume jurisdiction unless necessary to protect the child
from suffering serious physical harm or illness. In making its
determination, the court shall consider (1) the nature of the
treatment proposed by the parent or guardian, (2) the risks to the
child posed by the course of treatment or nontreatment proposed by
the parent or guardian, (3) the risk, if any, of the course of
treatment being proposed by the petitioning agency, and (4) the
likely success of the courses of treatment or nontreatment proposed
by the parent or guardian and agency. The child shall continue to be
a dependent child pursuant to this subdivision only so long as is
necessary to protect the child from risk of suffering serious
physical harm or illness.
(c) The child is suffering serious emotional damage, or is at
substantial risk of suffering serious emotional damage, evidenced by
severe anxiety, depression, withdrawal, or untoward aggressive
behavior toward self or others, as a result of the conduct of the
parent or guardian or who has no parent or guardian capable of
providing appropriate care. No child shall be found to be a person
described by this subdivision if the willful failure of the parent or
guardian to provide adequate mental health treatment is based on a
sincerely held religious belief and if a less intrusive judicial
intervention is available.
(d) The child has been sexually abused, or there is a substantial
risk that the child will be sexually abused, as defined in Section
11165.1 of the Penal Code, by his or her parent or guardian or a
member of his or her household, or the parent or guardian has failed
to adequately protect the child from sexual abuse when the parent or
guardian knew or reasonably should have known that the child was in
danger of sexual abuse.
(e) The child is under the age of five years and has suffered
severe physical abuse by a parent, or by any person known by the
parent, if the parent knew or reasonably should have known that the
person was physically abusing the child. For the purposes of this
subdivision, "severe physical abuse" means any of the following: any
single act of abuse which causes physical trauma of sufficient
severity that, if left untreated, would cause permanent physical
disfigurement, permanent physical disability, or death; any single
act of sexual abuse which causes significant bleeding, deep bruising,
or significant external or internal swelling; or more than one act
of physical abuse, each of which causes bleeding, deep bruising,
significant external or internal swelling, bone fracture, or
unconsciousness; or the willful, prolonged failure to provide
adequate food. A child may not be removed from the physical custody
of his or her parent or guardian on the basis of a finding of severe
physical abuse unless the social worker has made an allegation of
severe physical abuse pursuant to Section 332.
(f) The child's parent or guardian caused the death of another
child through abuse or neglect.
(g) The child has been left without any provision for support;
physical custody of the child has been voluntarily surrendered
pursuant to Section 1255.7 of the Health and Safety Code and the
child has not been reclaimed within the 14-day period specified in
subdivision (e) of that section; the child's parent has been
incarcerated or institutionalized and cannot arrange for the care of
the child; or a relative or other adult custodian with whom the child
resides or has been left is unwilling or unable to provide care or
support for the child, the whereabouts of the parent are unknown, and
reasonable efforts to locate the parent have been unsuccessful.
(h) The child has been freed for adoption by one or both parents
for 12 months by either relinquishment or termination of parental
rights or an adoption petition has not been granted.
(i) The child has been subjected to an act or acts of cruelty by
the parent or guardian or a member of his or her household, or the
parent or guardian has failed to adequately protect the child from an
act or acts of cruelty when the parent or guardian knew or
reasonably should have known that the child was in danger of being
subjected to an act or acts of cruelty.
(j) The child's sibling has been abused or neglected, as defined
in subdivision (a), (b), (d), (e), or (i), and there is a substantial
risk that the child will be abused or neglected, as defined in those
subdivisions. The court shall consider the circumstances surrounding
the abuse or neglect of the sibling, the age and gender of each
child, the nature of the abuse or neglect of the sibling, the mental
condition of the parent or guardian, and any other factors the court
considers probative in determining whether there is a substantial
risk to the child.
(k) The child has been placed in an approved relative's home under
a voluntary placement agreement pursuant to Section 16507.6 for a
period not to exceed 180 days, the parent or guardian is not
interested in additional family maintenance or family reunification
services, and guardianship of the child by that relative is an
appropriate option.
It is the intent of the Legislature that nothing in this section
disrupt the family unnecessarily or intrude inappropriately into
family life, prohibit the use of reasonable methods of parental
discipline, or prescribe a particular method of parenting. Further,
nothing in this section is intended to limit the offering of
voluntary services to those families in need of assistance but who do
not come within the descriptions of this section. To the extent that
savings accrue to the
state from child welfare services funding obtained as a result of the
enactment of the act that enacted this section, those savings shall
be used to promote services which support family maintenance and
family reunification plans, such as client transportation,
out-of-home respite care, parenting training, and the provision of
temporary or emergency in-home caretakers and persons teaching and
demonstrating homemaking skills. The Legislature further declares
that a physical disability, such as blindness or deafness, is no bar
to the raising of happy and well-adjusted children and that a court's
determination pursuant to this section shall center upon whether a
parent's disability prevents him or her from exercising care and
control. The Legislature further declares that a child whose parent
has been adjudged a dependent child of the court pursuant to this
section shall not be considered to be at risk of abuse or neglect
solely because of the age, dependent status, or foster care status of
the parent.
As used in this section, "guardian" means the legal guardian of
the child.
SEC. 8. Section 303 of the Welfare and Institutions Code is
amended to read:
303. (a) The court may retain jurisdiction over any person who is
found to be a dependent child of the juvenile court until the ward
or dependent child attains the age of 21 years.
(b) The court shall have within its jurisdiction any nonminor
dependent, as defined in subdivision (v) of Section 11400. The court
may terminate its dependency or delinquency jurisdiction over the
nonminor dependent between the time the nonminor reaches the age of
majority and 21 years of age. If the court terminates dependency or
delinquency jurisdiction, the nonminor dependent shall remain under
the jurisdiction of the court in order to allow for a petition under
subdivision (e) of Section 388.
(c) On and after October 1, 2010, a nonminor who has not yet
attained 21 years of age and who exited foster care at or after the
age of majority may petition the court pursuant to subdivision (e) of
Section 388 to resume dependency or delinquency jurisdiction over
the nonminor dependent.
(d) Nothing in this code, including, but not limited to, Sections
340, 366.27, and 369.5, shall be construed to provide legal custody
of a person who has attained 18 years of age to the county welfare or
probation department or to otherwise abrogate any other rights that
a person who has attained 18 years of age may have as an adult under
California law. A nonminor dependent shall retain all of his or her
legal decisionmaking authority as an adult.
(e) Unless otherwise specified the rights of a dependent child and
the responsibilities of the county welfare or probation department,
or tribe, and other entities, toward the child and family, shall also
apply to nonminor dependents.
SEC. 9. 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.
(j) Whether the child has been placed in an approved relative's
home under a voluntary placement agreement for a period not to exceed
180 days, the parent or guardian is not interested in additional
family maintenance or family reunification services, and the relative
desires and is willing to be appointed the child's legal guardian.
SEC. 10. Section 360 of the Welfare and Institutions Code is
amended to read:
360. After receiving and considering the evidence on the proper
disposition of the case, the juvenile court may enter judgment as
follows:
(a) Notwithstanding any other provision of law, if the court finds
that the child is a person described by Section 300 and the parent
has advised the court that the parent is not interested in family
maintenance or family reunification services, it may, in addition to
or in lieu of adjudicating the child a dependent child of the court,
order a legal guardianship, appoint a legal guardian, and issue
letters of guardianship, if the court determines that a guardianship
is in the best interest of the child, provided the parent and the
child agree to the guardianship, unless the child's age or physical,
emotional, or mental condition prevents the child's meaningful
response. The court shall advise the parent and the child that no
reunification services will be provided as a result of the
establishment of a guardianship. The proceeding for the appointment
of a guardian shall be in the juvenile court.
Any application for termination of guardianship shall be filed in
juvenile court in a form as may be developed by the Judicial Council
pursuant to Section 68511 of the Government Code. Sections 366.4 and
388 shall apply to this order of guardianship.
No person shall be appointed a legal guardian under this section
until an assessment as specified in subdivision (g) of Section 361.5
is read and considered by the court and reflected in the minutes of
the court.
If the court appoints an approved relative caregiver as the child'
s legal guardian, the child has been in the care of that relative for
a period of six consecutive months under a voluntary placement
agreement, and the child otherwise meets the conditions for federal
financial participation, the child shall be eligible for aid under
the Kin-GAP Program as provided in Article 4.7 (commencing with
Section 11385) of Chapter 2. The nonfederally eligible child so
placed with an approved relative caregiver who is appointed as the
child's legal guardian shall be eligible for aid under the
state-funded Kin-GAP Program as provided for in Article 4.5
(commencing with Section 11360) of Chapter 2.
The person responsible for preparing the assessment may be called
and examined by any party to the guardianship proceeding.
(b) If the court finds that the child is a person described by
Section 300, it may, without adjudicating the child a dependent child
of the court, order that services be provided to keep the family
together and place the child and the child's parent or guardian under
the supervision of the social worker for a time period consistent
with Section 301.
(c) If the family subsequently is unable or unwilling to cooperate
with the services being provided, the social worker may file a
petition with the juvenile court pursuant to Section 332 alleging
that a previous petition has been sustained and that disposition
pursuant to subdivision (b) has been ineffective in ameliorating the
situation requiring the child welfare services. Upon hearing the
petition, the court shall order either that the petition shall be
dismissed or that a new disposition hearing shall be held pursuant to
subdivision (d).
(d) If the court finds that the child is a person described by
Section 300, it may order and adjudge the child to be a dependent
child of the court.
SEC. 11. 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 supervised independent living setting, as described in
Section 11400, for a nonminor dependent, as defined in subdivision
(v) of Section 11400.
(9) 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. 12. Section 361.45 of the Welfare and Institutions Code is
amended to read:
361.45. (a) Notwithstanding any other provision of law, when the
sudden unavailability of a foster caregiver requires a change in
placement on an emergency basis for a child who is under the
jurisdiction of the juvenile court pursuant to Section 300, if an
able and willing relative, as defined in Section 319, or an able and
willing nonrelative extended family member, as defined in Section
362.7, is available and requests temporary placement of the child
pending resolution of the emergency situation, the county welfare
department shall initiate an assessment of the relative's or
nonrelative extended family member's suitability, which shall include
an in-home inspection to assess the safety of the home and the
ability of the relative or nonrelative extended family member to care
for the child's needs, and a consideration of the results of a
criminal records check conducted pursuant to Section 16504.5 and a
check of allegations of prior child abuse or neglect concerning the
relative or nonrelative extended family member and other adults in
the home. Upon completion of this assessment, the child may be placed
in the assessed home. For purposes of this paragraph, and except for
the criminal records check conducted pursuant to Section 16504.5,
the standards used to determine suitability shall be the same
standards set forth in the regulations for the licensing of foster
family homes.
(b) Immediately following the placement of a child in the home of
a relative or a nonrelative extended family member, the county
welfare department shall evaluate and approve or deny the home for
purposes of AFDC-FC eligibility pursuant to Section 11402. The
standards used to evaluate and grant or deny approval of the home of
the relative and of the
home of a nonrelative extended family member, as described in Section
362.7, shall be the same standards set forth in regulations for the
licensing of foster family homes which prescribe standards of safety
and sanitation for the physical plant and standards for basic
personal care, supervision, and services provided by the caregiver.
(c) If a relative or nonrelative extended family member, and other
adults in the home, as indicated, meets all other conditions for
approval, except for the receipt of the Federal Bureau of
Investigation's criminal history information for the relative or
nonrelative extended family member, the county welfare department may
approve the home and document that approval, if the relative or
nonrelative extended family member, and each adult in the home, has
signed and submitted a statement that he or she has never been
convicted of a crime in the United States, other than a traffic
infraction as defined in paragraph (1) of subdivision (a) of Section
42001 of the Vehicle Code. If, after the approval has been granted,
the department determines that the relative or nonrelative extended
family member or other adult in the home has a criminal record, the
approval may be terminated.
(d) If a nonminor dependent, as defined in subdivision (v) of
Section 11400, is placed in the home of a relative or nonrelative
extended family member, the home shall be approved using the same
standards set forth in regulations as described in Section 1502.7 of
the Health and Safety Code.
SEC. 13. Section 361.5 of the Welfare and Institutions Code is
amended to read:
361.5. (a) Except as provided in subdivision (b), or when the
parent has voluntarily relinquished the child and the relinquishment
has been filed with the State Department of Social Services, or upon
the establishment of an order of guardianship pursuant to Section
360, whenever a child is removed from a parent's or guardian's
custody, the juvenile court shall order the social worker to provide
child welfare services to the child and the child's mother and
statutorily presumed father or guardians. Upon a finding and
declaration of paternity by the juvenile court or proof of a prior
declaration of paternity by any court of competent jurisdiction, the
juvenile court may order services for the child and the biological
father, if the court determines that the services will benefit the
child.
(1) Family reunification services, when provided, shall be
provided as follows:
(A) Except as otherwise provided in subparagraph (C), for a child
who, on the date of initial removal from the physical custody of his
or her parent or guardian, was three years of age or older,
court-ordered services shall be provided during the period of time
beginning with the dispositional hearing and ending with the date of
the hearing set pursuant to subdivision (f) of Section 366.21, unless
the child is returned to the home of the parent or guardian.
(B) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was under three
years of age, court-ordered services shall be provided during the
period of time beginning with the dispositional hearing and ending
with the date of the hearing set pursuant to subdivision (e) of
Section 366.21, unless the child is returned to the home of the
parent or guardian.
(C) For the purpose of placing and maintaining a sibling group
together in a permanent home should reunification efforts fail, for a
child in a sibling group whose members were removed from parental
custody at the same time, and in which one member of the sibling
group was under three years of age on the date of initial removal
from the physical custody of his or her parent or guardian,
court-ordered services to some or all of the sibling group may be
limited to a period of six months from the date the child entered
foster care. For the purposes of this paragraph, "a sibling group"
shall mean two or more children who are related to each other as full
or half siblings.
Regardless of the age of the child, a child shall be deemed to
have entered foster care on the earlier of the date of the
jurisdictional hearing held pursuant to Section 356 or the date that
is 60 days after the date on which the child was initially removed
from the physical custody of his or her parent or guardian.
Any motion to terminate court-ordered reunification services prior
to the hearing set pursuant to subdivision (f) of Section 366.21 for
a child described by paragraph (1), or within six months of the
initial dispositional hearing for a child described by paragraph (2)
or this paragraph, shall be made pursuant to the requirements set
forth in subdivision (c) of Section 388.
(2) Notwithstanding subparagraphs (A), (B), and (C) of paragraph
(1), court-ordered services may be extended up to a maximum time
period not to exceed 18 months after the date the child was
originally removed from physical custody of his or her parent or
guardian if it can be shown, at the hearing held pursuant to
subdivision (f) of Section 366.21, that the permanent plan for the
child is that he or she will be returned and safely maintained in the
home within the extended time period. The court shall extend the
time period only if it finds that there is a substantial probability
that the child will be returned to the physical custody of his or her
parent or guardian within the extended time period or that
reasonable services have not been provided to the parent or guardian.
In determining whether court-ordered services may be extended, the
court shall consider the special circumstances of an incarcerated or
institutionalized parent or parents, or parent or parents
court-ordered to a residential substance abuse treatment program,
including, but not limited to, barriers to the parent's or guardian's
access to services and ability to maintain contact with his or her
child. The court shall also consider, among other factors, good faith
efforts that the parent or guardian has made to maintain contact
with the child. If the court extends the time period, the court shall
specify the factual basis for its conclusion that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period. The court also shall make findings pursuant to
subdivision (a) of Section 366 and subdivision (e) of Section 358.1.
When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
unless the parent's or guardian's participation is deemed by the
court to be inappropriate or potentially detrimental to the child, or
unless a parent or guardian is incarcerated and the corrections
facility in which he or she is incarcerated does not provide access
to the treatment services ordered by the court. Physical custody of
the child by the parents or guardians during the applicable time
period under subparagraph (A), (B), or (C) of paragraph (1) shall not
serve to interrupt the running of the period. If at the end of the
applicable time period, a child cannot be safely returned to the care
and custody of a parent or guardian without court supervision, but
the child clearly desires contact with the parent or guardian, the
court shall take the child's desire into account in devising a
permanency plan.
In cases where the child was under three years of age on the date
of the initial removal from the physical custody of his or her parent
or guardian or is a member of a sibling group as described in
subparagraph (C) of paragraph (1), the court shall inform the parent
or guardian that the failure of the parent or guardian to participate
regularly in any court-ordered treatment programs or to cooperate or
avail himself or herself of services provided as part of the child
welfare services case plan may result in a termination of efforts to
reunify the family after six months. The court shall inform the
parent or guardian of the factors used in subdivision (e) of Section
366.21 to determine whether to limit services to six months for some
or all members of a sibling group as described in subparagraph (C) of
paragraph (1).
(3) Notwithstanding paragraph (2), court-ordered services may be
extended up to a maximum time period not to exceed 24 months after
the date the child was originally removed from physical custody of
his or her parent or guardian if it is shown, at the hearing held
pursuant to subdivision (b) of Section 366.22, that the permanent
plan for the child is that he or she will be returned and safely
maintained in the home within the extended time period. The court
shall extend the time period only if it finds that it is in the child'
s best interest to have the time period extended and that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian who is described in
subdivision (b) of Section 366.22 within the extended time period,
or that reasonable services have not been provided to the parent or
guardian. If the court extends the time period, the court shall
specify the factual basis for its conclusion that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period. The court also shall make findings pursuant to
subdivision (a) of Section 366 and subdivision (e) of Section 358.1.
When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
in order for substantial probability to be found. Physical custody
of the child by the parents or guardians during the applicable time
period under subparagraph (A), (B), or (C) of paragraph (1) shall not
serve to interrupt the running of the period. If at the end of the
applicable time period, the child cannot be safely returned to the
care and custody of a parent or guardian without court supervision,
but the child clearly desires contact with the parent or guardian,
the court shall take the child's desire into account in devising a
permanency plan.
Except in cases where, pursuant to subdivision (b), the court does
not order reunification services, the court shall inform the parent
or parents of Section 366.26 and shall specify that the parent's or
parents' parental rights may be terminated.
(b) Reunification services need not be provided to a parent or
guardian described in this subdivision when the court finds, by clear
and convincing evidence, any of the following:
(1) That the whereabouts of the parent or guardian is unknown. A
finding pursuant to this paragraph shall be supported by an affidavit
or by proof that a reasonably diligent search has failed to locate
the parent or guardian. The posting or publication of notices is not
required in that search.
(2) That the parent or guardian is suffering from a mental
disability that is described in Chapter 2 (commencing with Section
7820) of Part 4 of Division 12 of the Family Code and that renders
him or her incapable of utilizing those services.
(3) That the child or a sibling of the child has been previously
adjudicated a dependent pursuant to any subdivision of Section 300 as
a result of physical or sexual abuse, that following that
adjudication the child had been removed from the custody of his or
her parent or guardian pursuant to Section 361, that the child has
been returned to the custody of the parent or guardian from whom the
child had been taken originally, and that the child is being removed
pursuant to Section 361, due to additional physical or sexual abuse.
(4) That the parent or guardian of the child has caused the death
of another child through abuse or neglect.
(5) That the child was brought within the jurisdiction of the
court under subdivision (e) of Section 300 because of the conduct of
that parent or guardian.
(6) That the child has been adjudicated a dependent pursuant to
any subdivision of Section 300 as a result of severe sexual abuse or
the infliction of severe physical harm to the child, a sibling, or a
half sibling by a parent or guardian, as defined in this subdivision,
and the court makes a factual finding that it would not benefit the
child to pursue reunification services with the offending parent or
guardian.
A finding of severe sexual abuse, for the purposes of this
subdivision, may be based on, but is not limited to, sexual
intercourse, or stimulation involving genital-genital, oral-genital,
anal-genital, or oral-anal contact, whether between the parent or
guardian and the child or a sibling or half sibling of the child, or
between the child or a sibling or half sibling of the child and
another person or animal with the actual or implied consent of the
parent or guardian; or the penetration or manipulation of the child'
s, sibling's, or half sibling's genital organs or rectum by any
animate or inanimate object for the sexual gratification of the
parent or guardian, or for the sexual gratification of another person
with the actual or implied consent of the parent or guardian.
A finding of the infliction of severe physical harm, for the
purposes of this subdivision, may be based on, but is not limited to,
deliberate and serious injury inflicted to or on a child's body or
the body of a sibling or half sibling of the child by an act or
omission of the parent or guardian, or of another individual or
animal with the consent of the parent or guardian; deliberate and
torturous confinement of the child, sibling, or half sibling in a
closed space; or any other torturous act or omission that would be
reasonably understood to cause serious emotional damage.
(7) That the parent is not receiving reunification services for a
sibling or a half sibling of the child pursuant to paragraph (3),
(5), or (6).
(8) That the child was conceived by means of the commission of an
offense listed in Section 288 or 288.5 of the Penal Code, or by an
act committed outside of this state that, if committed in this state,
would constitute one of those offenses. This paragraph only applies
to the parent who committed the offense or act.
(9) That the child has been found to be a child described in
subdivision (g) of Section 300, that the parent or guardian of the
child willfully abandoned the child, and the court finds that the
abandonment itself constituted a serious danger to the child; or that
the parent or other person having custody of the child voluntarily
surrendered physical custody of the child pursuant to Section 1255.7
of the Health and Safety Code. For the purposes of this paragraph,
"serious danger" means that without the intervention of another
person or agency, the child would have sustained severe or permanent
disability, injury, illness, or death. For purposes of this
paragraph, "willful abandonment" shall not be construed as actions
taken in good faith by the parent without the intent of placing the
child in serious danger.
(10) That the court ordered termination of reunification services
for any siblings or half siblings of the child because the parent or
guardian failed to reunify with the sibling or half sibling after the
sibling or half sibling had been removed from that parent or
guardian pursuant to Section 361 and that parent or guardian is the
same parent or guardian described in subdivision (a) and that,
according to the findings of the court, this parent or guardian has
not subsequently made a reasonable effort to treat the problems that
led to removal of the sibling or half sibling of that child from that
parent or guardian.
(11) That the parental rights of a parent over any sibling or half
sibling of the child had been permanently severed, and this parent
is the same parent described in subdivision (a), and that, according
to the findings of the court, this parent has not subsequently made a
reasonable effort to treat the problems that led to removal of the
sibling or half sibling of that child from the parent.
(12) That the parent or guardian of the child has been convicted
of a violent felony, as defined in subdivision (c) of Section 667.5
of the Penal Code.
(13) That the parent or guardian of the child has a history of
extensive, abusive, and chronic use of drugs or alcohol and has
resisted prior court-ordered treatment for this problem during a
three-year period immediately prior to the filing of the petition
that brought that child to the court's attention, or has failed or
refused to comply with a program of drug or alcohol treatment
described in the case plan required by Section 358.1 on at least two
prior occasions, even though the programs identified were available
and accessible.
(14) That the parent or guardian of the child has advised the
court that he or she is not interested in receiving family
maintenance or family reunification services or having the child
returned to or placed in his or her custody and does not wish to
receive family maintenance or reunification services.
The parent or guardian shall be represented by counsel and shall
execute a waiver of services form to be adopted by the Judicial
Council. The court shall advise the parent or guardian of any right
to services and of the possible consequences of a waiver of services,
including the termination of parental rights and placement of the
child for adoption. The court shall not accept the waiver of services
unless it states on the record its finding that the parent or
guardian has knowingly and intelligently waived the right to
services.
(15) That the parent or guardian has on one or more occasions
willfully abducted the child or child's sibling or half sibling from
his or her placement and refused to disclose the child's or child's
sibling's or half sibling's whereabouts, refused to return physical
custody of the child or child's sibling or half sibling to his or her
placement, or refused to return physical custody of the child or
child's sibling or half sibling to the social worker.
(c) In deciding whether to order reunification in any case in
which this section applies, the court shall hold a dispositional
hearing. The social worker shall prepare a report that discusses
whether reunification services shall be provided. When it is alleged,
pursuant to paragraph (2) of subdivision (b), that the parent is
incapable of utilizing services due to mental disability, the court
shall order reunification services unless competent evidence from
mental health professionals establishes that, even with the provision
of services, the parent is unlikely to be capable of adequately
caring for the child within the time limits specified in subdivision
(a).
The court shall not order reunification for a parent or guardian
described in paragraph (3), (4), (6), (7), (8), (9), (10), (11),
(12), (13), (14), or (15) of subdivision (b) unless the court finds,
by clear and convincing evidence, that reunification is in the best
interest of the child.
In addition, the court shall not order reunification in any
situation described in paragraph (5) of subdivision (b) unless it
finds that, based on competent testimony, those services are likely
to prevent reabuse or continued neglect of the child or that failure
to try reunification will be detrimental to the child because the
child is closely and positively attached to that parent. The social
worker shall investigate the circumstances leading to the removal of
the child and advise the court whether there are circumstances that
indicate that reunification is likely to be successful or
unsuccessful and whether failure to order reunification is likely to
be detrimental to the child.
The failure of the parent to respond to previous services, the
fact that the child was abused while the parent was under the
influence of drugs or alcohol, a past history of violent behavior, or
testimony by a competent professional that the parent's behavior is
unlikely to be changed by services are among the factors indicating
that reunification services are unlikely to be successful. The fact
that a parent or guardian is no longer living with an individual who
severely abused the child may be considered in deciding that
reunification services are likely to be successful, provided that the
court shall consider any pattern of behavior on the part of the
parent that has exposed the child to repeated abuse.
(d) If reunification services are not ordered pursuant to
paragraph (1) of subdivision (b) and the whereabouts of a parent
become known within six months of the out-of-home placement of the
child, the court shall order the social worker to provide family
reunification services in accordance with this subdivision.
(e) (1) If the parent or guardian is incarcerated or
institutionalized, the court shall order reasonable services unless
the court determines, by clear and convincing evidence, those
services would be detrimental to the child. In determining detriment,
the court shall consider the age of the child, the degree of
parent-child bonding, the length of the sentence, the length and
nature of the treatment, the nature of the crime or illness, the
degree of detriment to the child if services are not offered and, for
children 10 years of age or older, the child's attitude toward the
implementation of family reunification services, the likelihood of
the parent's discharge from incarceration or institutionalization
within the reunification time limitations described in subdivision
(a), and any other appropriate factors. In determining the content of
reasonable services, the court shall consider the particular
barriers to an incarcerated or otherwise institutionalized parent's
access to those court-mandated services and ability to maintain
contact with his or her child, and shall document this information in
the child's case plan. Reunification services are subject to the
applicable time limitations imposed in subdivision (a). Services may
include, but shall not be limited to, all of the following:
(A) Maintaining contact between the parent and child through
collect telephone calls.
(B) Transportation services, where appropriate.
(C) Visitation services, where appropriate.
(D) Reasonable services to extended family members or foster
parents providing care for the child if the services are not
detrimental to the child.
An incarcerated parent may be required to attend counseling,
parenting classes, or vocational training programs as part of the
reunification service plan if actual access to these services is
provided. The social worker shall document in the child's case plan
the particular barriers to an incarcerated or institutionalized
parent's access to those court-mandated services and ability to
maintain contact with his or her child.
(2) The presiding judge of the juvenile court of each county may
convene representatives of the county welfare department, the sheriff'
s department, and other appropriate entities for the purpose of
developing and entering into protocols for ensuring the notification,
transportation, and presence of an incarcerated or institutionalized
parent at all court hearings involving proceedings affecting the
child pursuant to Section 2625 of the Penal Code. The county welfare
department shall utilize the prisoner locator system developed by the
Department of Corrections and Rehabilitation to facilitate timely
and effective notice of hearings for incarcerated parents.
(3) Notwithstanding any other provision of law, if the
incarcerated parent is a woman seeking to participate in the
community treatment program operated by the Department of Corrections
and Rehabilitation pursuant to Chapter 4.8 (commencing with Section
1174) of Title 7 of Part 2 of, Chapter 4 (commencing with Section
3410) of Title 2 of Part 3 of, the Penal Code, the court shall
determine whether the parent's participation in a program is in the
child's best interest and whether it is suitable to meet the needs of
the parent and child.
(f) If the court, pursuant to paragraph (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (13), (14), or (15) of subdivision
(b) or paragraph (1) of subdivision (e), does not order reunification
services, it shall, at the dispositional hearing, that shall include
a permanency hearing, determine if a hearing under Section 366.26
shall be set in order to determine whether adoption, guardianship, or
long-term foster care is the most appropriate plan for the child,
and shall consider in-state and out-of-state placement options. If
the court so determines, it shall conduct the hearing pursuant to
Section 366.26 within 120 days after the dispositional hearing.
However, the court shall not schedule a hearing so long as the other
parent is being provided reunification services pursuant to
subdivision (a). The court may continue to permit the parent to visit
the child unless it finds that visitation would be detrimental to
the child.
(g) (1) Whenever a court orders that a hearing shall be held
pursuant to Section 366.26, it shall direct the agency supervising
the child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
(A) Current search efforts for an absent parent or parents and
notification of a noncustodial parent in the manner provided for in
Section 291.
(B) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purpose of this subparagraph shall include,
but not be limited to, the child's siblings, grandparents, aunts,
and uncles.
(C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history, including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship. If a proposed guardian is a relative of the minor, the
assessment shall also consider, but need not be limited to, all of
the factors specified in subdivision (a) of Section 361.3 and in
Section 361.4. As used in this subparagraph, "relative" means an
adult who is related to the minor by blood, adoption, or affinity
within the fifth degree of kinship, including stepparents,
stepsiblings, and all relatives whose status is preceded by the words
"great, " "great-great," or
"grand," or the spouse of any of those persons even if the marriage
was terminated by death or dissolution.
(E) The relationship of the child to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or guardianship, a
statement from the child concerning placement and the adoption or
guardianship, and whether the child over 12 years of age has been
consulted about the proposed relative guardianship arrangements,
unless the child's age or physical, emotional, or other condition
precludes his or her meaningful response, and if so, a description of
the condition.
(F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
(2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
(B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption.
(h) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with a relative
an approved relative caregiver and juvenile
court dependency is subsequently dismissed, the relative
minor shall be eligible for aid under the
Kin-GAP Program as provided for in Article 4.5 (commencing with
Section 11360) and or Article 4.7
(commencing with Section 11385) of Chapter 2, as applicable.
(i) In determining whether reunification services will benefit the
child pursuant to paragraph (6) or (7) of subdivision (b), the court
shall consider any information it deems relevant, including the
following factors:
(1) The specific act or omission comprising the severe sexual
abuse or the severe physical harm inflicted on the child or the child'
s sibling or half sibling.
(2) The circumstances under which the abuse or harm was inflicted
on the child or the child's sibling or half sibling.
(3) The severity of the emotional trauma suffered by the child or
the child's sibling or half sibling.
(4) Any history of abuse of other children by the offending parent
or guardian.
(5) The likelihood that the child may be safely returned to the
care of the offending parent or guardian within 12 months with no
continuing supervision.
(6) Whether or not the child desires to be reunified with the
offending parent or guardian.
(j) The court shall read into the record the basis for a finding
of severe sexual abuse or the infliction of severe physical harm
under paragraph (6) of subdivision (b), and shall also specify the
factual findings used to determine that the provision of
reunification services to the offending parent or guardian would not
benefit the child.
SEC. 14. Section 366 of the Welfare and Institutions Code is
amended to read:
366. (a) (1) The status of every dependent child in foster care
shall be reviewed periodically as determined by the court but no less
frequently than once every six months, as calculated from the date
of the original dispositional hearing, until the hearing described in
Section 366.26 is completed. The court shall consider the safety of
the child and shall determine all of the following:
(A) The continuing necessity for and appropriateness of the
placement.
(B) The extent of the agency's compliance with the case plan in
making reasonable efforts, or, in the case of an Indian child, active
efforts as described in Section 361.7, to return the child to a safe
home and to complete any steps necessary to finalize the permanent
placement of the child, including efforts to maintain relationships
between a child who is 10 years of age or older and who has been in
an out-of-home placement for six months or longer, and individuals
other than the child's siblings who are important to the child,
consistent with the child's best interests.
(C) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions for the child. That
limitation shall be specifically addressed in the court order and may
not exceed those necessary to protect the child. Whenever the court
specifically limits the right of the parent or guardian to make
educational decisions for the child, the court shall at the same time
appoint a responsible adult to make educational decisions for the
child pursuant to Section 361.
(D) (i) Whether the child has other siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
(I) The nature of the relationship between the child and his or
her siblings.
(II) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
(III) 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.
(IV) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
(V) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
(VI) The continuing need to suspend sibling interaction, if
applicable, pursuant to subdivision (c) of Section 16002.
(ii) The factors the court may consider in making a determination
regarding the nature of the child's sibling relationships may
include, but are 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 interests.
(E) The extent of progress that has been made toward alleviating
or mitigating the causes necessitating placement in foster care.
(F) On and after October 1, 2010, if the review hearing is the
last review hearing to be held before the child attains 18 years of
age, the court shall ensure that the child's transitional independent
living case plan includes a plan for the child to meet one or more
of the criteria set forth in Section 11403, so that the child can
remain a nonminor dependent, and that the child has been informed of
his or her right to seek the termination of dependency jurisdiction
pursuant to Section 391.
(2) The court shall project a likely date by which the child may
be returned to and safely maintained in the home or placed for
adoption, legal guardianship, or in another planned permanent living
arrangement.
(b) Subsequent to the hearing, periodic reviews of each child in
foster care shall be conducted pursuant to the requirements of
Sections 366.3 and 16503.
(c) If the child has been placed out of state, each review
described in subdivision (a) and any reviews conducted pursuant to
Sections 366.3 and 16503 shall also address whether the out-of-state
placement continues to be the most appropriate placement selection
and in the best interests of the child.
(d) A child may not be placed in an out-of-state group home, or
remain in an out-of-state group home, unless the group home is in
compliance with Section 7911.1 of the Family Code.
(e) The implementation and operation of the amendments to
subparagraph (B) of paragraph (1) of subdivision (a) enacted at the
2005-06 Regular Session shall be subject to appropriation through the
budget process and by phase, as provided in Section 366.35.
(f) The status of every nonminor dependent, as defined in
subdivision (v) of Section 11400, shall be reviewed periodically as
determined by the court, but no less frequently than once every six
months, as calculated from the date of the original dispositional
hearing until dependency jurisdiction is terminated pursuant to
Section 391. The review shall include all of the issues set forth in
subdivision (a), except subparagraph (C) of paragraph (1) of
subdivision (a), and shall be conducted in a manner that respects the
nonminor dependent's status as a legal adult, be focused on the
goals and services described in the nonminor dependent's transitional
independent living case plan, including efforts made to maintain
connections with caring and permanently committed adults, and
attended as appropriate by additional participants invited by the
nonminor dependent. An appropriate placement for a nonminor
dependent may include a supervised independent living
setting, as described in Section 11400.
SEC. 15. Section 366.21 of the Welfare and Institutions Code is
amended to read:
366.21. (a) Every hearing conducted by the juvenile court
reviewing the status of a dependent child shall be placed on the
appearance calendar. The court shall advise all persons present at
the hearing of the date of the future hearing and of their right to
be present and represented by counsel.
(b) Except as provided in Sections 294 and 295, notice of the
hearing shall be provided pursuant to Section 293.
(c) At least 10 calendar days prior to the hearing, the social
worker shall file a supplemental report with the court regarding the
services provided or offered to the parent or legal guardian to
enable him or her to assume custody and the efforts made to achieve
legal permanence for the child if efforts to reunify fail, including,
but not limited to, efforts to maintain relationships between a
child who is 10 years of age or older and has been in out-of-home
placement for six months or longer and individuals who are important
to the child, consistent with the child's best interests; the
progress made; and, where relevant, the prognosis for return of the
child to the physical custody of his or her parent or legal guardian;
and shall make his or her recommendation for disposition. If the
child is a member of a sibling group described in subparagraph (C) of
paragraph (1) of subdivision (a) of Section 361.5, the report and
recommendation may also take into account those factors described in
subdivision (e) relating to the child's sibling group. If the
recommendation is not to return the child to a parent or legal
guardian, the report shall specify why the return of the child would
be detrimental to the child. The social worker shall provide the
parent or legal guardian, counsel for the child, and any
court-appointed child advocate with a copy of the report, including
his or her recommendation for disposition, at least 10 calendar days
prior to the hearing. In the case of a child removed from the
physical custody of his or her parent or legal guardian, the social
worker shall, at least 10 calendar days prior to the hearing, provide
a summary of his or her recommendation for disposition to any foster
parents, relative caregivers, and certified foster parents who have
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency in counties that are not
served by a county adoption agency or by a licensed county adoption
agency, community care facility, or foster family agency having the
physical custody of the child. The social worker shall include a copy
of the Judicial Council Caregiver Information Form (JV-290) with the
summary of recommendations to the child's foster parents, relative
caregivers, or foster parents approved for adoption, in the caregiver'
s primary language when available, along with information on how to
file the form with the court.
(d) Prior to any hearing involving a child in the physical custody
of a community care facility or a foster family agency that may
result in the return of the child to the physical custody of his or
her parent or legal guardian, or in adoption or the creation of a
legal guardianship, the facility or agency shall file with the court
a report, or a Judicial Council Caregiver Information Form (JV-290),
containing its recommendation for disposition. Prior to the hearing
involving a child in the physical custody of a foster parent, a
relative caregiver, or a certified foster parent who has been
approved for adoption by the State Department of Social Services when
it is acting as an adoption agency or by a licensed adoption agency,
the foster parent, relative caregiver, or the certified foster
parent who has been approved for adoption by the State Department of
Social Services when it is acting as an adoption agency in counties
that are not served by a county adoption agency or by a licensed
county adoption agency, may file with the court a report containing
his or her recommendation for disposition. The court shall consider
the report and recommendation filed pursuant to this subdivision
prior to determining any disposition.
(e) At the review hearing held six months after the initial
dispositional hearing, the court shall order the return of the child
to the physical custody of his or her parent or legal guardian unless
the court finds, by a preponderance of the evidence, that the return
of the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the hearing, the court
shall consider the criminal history, obtained pursuant to paragraph
(1) of subdivision (f) of Section 16504.5, of the parent or legal
guardian subsequent to the child's removal to the extent that the
criminal record is substantially related to the welfare of the child
or the parent's or guardian's ability to exercise custody and control
regarding his or her child, provided the parent or legal guardian
agreed to submit fingerprint images to obtain criminal history
information as part of the case plan. The failure of the parent or
legal guardian to participate regularly and make substantive progress
in court-ordered treatment programs shall be prima facie evidence
that return would be detrimental. In making its determination, the
court shall review and consider the social worker's report and
recommendations and the report and recommendations of any child
advocate appointed pursuant to Section 356.5; and shall consider the
efforts or progress, or both, demonstrated by the parent or legal
guardian and the extent to which he or she availed himself or herself
to services provided, taking into account the particular barriers to
an incarcerated or institutionalized parent or legal guardian's
access to those court-mandated services and ability to maintain
contact with his or her child.
Regardless of whether the child is returned to a parent or legal
guardian, the court shall specify the factual basis for its
conclusion that the return would be detrimental or would not be
detrimental. The court also shall make appropriate findings pursuant
to subdivision (a) of Section 366; and, where relevant, shall order
any additional services reasonably believed to facilitate the return
of the child to the custody of his or her parent or legal guardian.
The court shall also inform the parent or legal guardian that if the
child cannot be returned home by the 12-month permanency hearing, a
proceeding pursuant to Section 366.26 may be instituted. This section
does not apply in a case where, pursuant to Section 361.5, the court
has ordered that reunification services shall not be provided.
If the child was under three years of age on the date of the
initial removal, or is a member of a sibling group described in
subparagraph (C) of paragraph (1) of subdivision (a) of Section
361.5, and the court finds by clear and convincing evidence that the
parent failed to participate regularly and make substantive progress
in a court-ordered treatment plan, the court may schedule a hearing
pursuant to Section 366.26 within 120 days. If, however, the court
finds there is a substantial probability that the child, who was
under three years of age on the date of initial removal or is a
member of a sibling group described in subparagraph (C) of paragraph
(1) of subdivision (a) of Section 361.5, may be returned to his or
her parent or legal guardian within six months or that reasonable
services have not been provided, the court shall continue the case to
the 12-month permanency hearing.
For the purpose of placing and maintaining a sibling group
together in a permanent home, the court, in making its determination
to schedule a hearing pursuant to Section 366.26 for some or all
members of a sibling group, as described in subparagraph (C) of
paragraph (1) of subdivision (a) of Section 361.5, shall review and
consider the social worker's report and recommendations. Factors the
report shall address, and the court shall consider, may include, but
need not be limited to, whether the sibling group was removed from
parental care as a group, the closeness and strength of the sibling
bond, the ages of the siblings, the appropriateness of maintaining
the sibling group together, the detriment to the child if sibling
ties are not maintained, the likelihood of finding a permanent home
for the sibling group, whether the sibling group is currently placed
together in a preadoptive home or has a concurrent plan goal of legal
permanency in the same home, the wishes of each child whose age and
physical and emotional condition permits a meaningful response, and
the best interest of each child in the sibling group. The court shall
specify the factual basis for its finding that it is in the best
interest of each child to schedule a hearing pursuant to Section
366.26 in 120 days for some or all of the members of the sibling
group.
If the child was removed initially under subdivision (g) of
Section 300 and the court finds by clear and convincing evidence that
the whereabouts of the parent are still unknown, or the parent has
failed to contact and visit the child, the court may schedule a
hearing pursuant to Section 366.26 within 120 days. The court shall
take into account any particular barriers to a parent's ability to
maintain contact with his or her child due to the parent's
incarceration or institutionalization. If the court finds by clear
and convincing evidence that the parent has been convicted of a
felony indicating parental unfitness, the court may schedule a
hearing pursuant to Section 366.26 within 120 days.
If the child had been placed under court supervision with a
previously noncustodial parent pursuant to Section 361.2, the court
shall determine whether supervision is still necessary. The court may
terminate supervision and transfer permanent custody to that parent,
as provided for by paragraph (1) of subdivision (b) of Section
361.2.
In all other cases, the court shall direct that any reunification
services previously ordered shall continue to be offered to the
parent or legal guardian pursuant to the time periods set forth in
subdivision (a) of Section 361.5, provided that the court may modify
the terms and conditions of those services.
If the child is not returned to his or her parent or legal
guardian, the court shall determine whether reasonable services that
were designed to aid the parent or legal guardian in overcoming the
problems that led to the initial removal and the continued custody of
the child have been provided or offered to the parent or legal
guardian. The court shall order that those services be initiated,
continued, or terminated.
(f) The permanency hearing shall be held no later than 12 months
after the date the child entered foster care, as that date is
determined pursuant to subdivision (a) of Section 361.5. At the
permanency hearing, the court shall determine the permanent plan for
the child, which shall include a determination of whether the child
will be returned to the child's home and, if so, when, within the
time limits of subdivision (a) of Section 361.5. The court shall
order the return of the child to the physical custody of his or her
parent or legal guardian unless the court finds, by a preponderance
of the evidence, that the return of the child to his or her parent or
legal guardian would create a substantial risk of detriment to the
safety, protection, or physical or emotional well-being of the child.
The social worker shall have the burden of establishing that
detriment. At the permanency hearing, the court shall consider the
criminal history, obtained pursuant to paragraph (1) of subdivision
(f) of Section 16504.5, of the parent or legal guardian subsequent to
the child's removal to the extent that the criminal record is
substantially related to the welfare of the child or the parent or
legal guardian's ability to exercise custody and control regarding
his or her child, provided that the parent or legal guardian agreed
to submit fingerprint images to obtain criminal history information
as part of the case plan. The court shall also determine whether
reasonable services that were designed to aid the parent or legal
guardian to overcome the problems that led to the initial removal and
continued custody of the child have been provided or offered to the
parent or legal guardian. For each youth 16 years of age and older,
the court shall also determine whether services have been made
available to assist him or her in making the transition from foster
care to independent living. The failure of the parent or legal
guardian to participate regularly and make substantive progress in
court-ordered treatment programs shall be prima facie evidence that
return would be detrimental. In making its determination, the court
shall review and consider the social worker's report and
recommendations and the report and recommendations of any child
advocate appointed pursuant to Section 356.5, shall consider the
efforts or progress, or both, demonstrated by the parent or legal
guardian and the extent to which he or she availed himself or herself
of services provided, taking into account the particular barriers to
an incarcerated or institutionalized parent or legal guardian's
access to those court-mandated services and ability to maintain
contact with his or her child and shall make appropriate findings
pursuant to subdivision (a) of Section 366.
Regardless of whether the child is returned to his or her parent
or legal guardian, the court shall specify the factual basis for its
decision. If the child is not returned to a parent or legal guardian,
the court shall specify the factual basis for its conclusion that
the return would be detrimental. The court also shall make a finding
pursuant to subdivision (a) of Section 366. If the child is not
returned to his or her parent or legal guardian, the court shall
consider, and state for the record, in-state and out-of-state
placement options. If the child is placed out of the state, the court
shall make a determination whether the out-of-state placement
continues to be appropriate and in the best interests of the child.
(g) If the time period in which the court-ordered services were
provided has met or exceeded the time period set forth in
subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) of
Section 361.5, as appropriate, and a child is not returned to the
custody of a parent or legal guardian at the permanency hearing held
pursuant to subdivision (f), the court shall do one of the following:
(1) Continue the case for up to six months for a permanency review
hearing, provided that the hearing shall occur within 18 months of
the date the child was originally taken from the physical custody of
his or her parent or legal guardian. The court shall continue the
case only if it finds that there is a substantial probability that
the child will be returned to the physical custody of his or her
parent or legal guardian and safely maintained in the home within the
extended period of time or that reasonable services have not been
provided to the parent or legal guardian. For the purposes of this
section, in order to find a substantial probability that the child
will be returned to the physical custody of his or her parent or
legal guardian and safely maintained in the home within the extended
period of time, the court shall be required to find all of the
following:
(A) That the parent or legal guardian has consistently and
regularly contacted and visited with the child.
(B) That the parent or legal guardian has made significant
progress in resolving problems that led to the child's removal from
the home.
(C) The parent or legal guardian has demonstrated the capacity and
ability both to complete the objectives of his or her treatment plan
and to provide for the child's safety, protection, physical and
emotional well-being, and special needs.
For purposes of this subdivision, the court's decision to continue
the case based on a finding or substantial probability that the
child will be returned to the physical custody of his or her parent
or legal guardian is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interests
of the child.
The court shall inform the parent or legal guardian that if the
child cannot be returned home by the next permanency review hearing,
a proceeding pursuant to Section 366.26 may be instituted. The court
may not order that a hearing pursuant to Section 366.26 be held
unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
(2) Order that a hearing be held within 120 days, pursuant to
Section 366.26, but only if the court does not continue the case to
the permanency planning review hearing and there is clear and
convincing evidence that reasonable services have been provided or
offered to the parents or legal guardians. A hearing pursuant to
Section 366.26 shall not be ordered if the child is a nonminor
dependent.
(3) Order that the child remain in long-term foster care, but only
if the court finds by clear and convincing evidence, based upon the
evidence already presented to it, including a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency, that there is a compelling
reason for determining that a hearing held pursuant to Section 366.26
is not in the best interest of the child because the child is not a
proper subject for
adoption and has no one willing to accept legal guardianship. For
purposes of this section, a recommendation by the State Department of
Social Services when it is acting as an adoption agency in counties
that are not served by a county adoption agency or by a licensed
county adoption agency that adoption is not in the best interest of
the child shall constitute a compelling reason for the court's
determination. That recommendation shall be based on the present
circumstances of the child and shall not preclude a different
recommendation at a later date if the child's circumstances change.
The nonminor dependent's legal status as an adult is in and of itself
a compelling reason not to hold a hearing pursuant to Section
366.26. The court may order that a nonminor dependent who otherwise
meets the criterion criteria described
in Section 11403 remain in long-term foster care.
If the court orders that a child who is 10 years of age or older
remain in long-term foster care, the court shall determine whether
the agency has made reasonable efforts to maintain the child's
relationships with individuals other than the child's siblings who
are important to the child, consistent with the child's best
interests, and may make any appropriate order to ensure that those
relationships are maintained.
If the child is not returned to his or her parent or legal
guardian, the court shall consider, and state for the record,
in-state and out-of-state options for permanent placement. If the
child is placed out of the state, the court shall make a
determination whether the out-of-state placement continues to be
appropriate and in the best interests of the child.
(h) In any case in which the court orders that a hearing pursuant
to Section 366.26 shall be held, it shall also order the termination
of reunification services to the parent or legal guardian. The court
shall continue to permit the parent or legal guardian to visit the
child pending the hearing unless it finds that visitation would be
detrimental to the child. The court shall make any other appropriate
orders to enable the child to maintain relationships with
individuals, other than the child's siblings, who are important to
the child, consistent with the child's best interests.
(i) (1) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
(A) Current search efforts for an absent parent or parents or
legal guardians.
(B) A review of the amount of and nature of any contact between
the child and his or her parents or legal guardians and other members
of his or her extended family since the time of placement. Although
the extended family of each child shall be reviewed on a case-by-case
basis, "extended family" for the purpose of this subparagraph shall
include, but not be limited to, the child's siblings, grandparents,
aunts, and uncles.
(C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed guardian is a relative of
the minor, the assessment shall also consider, but need not be
limited to, all of the factors specified in subdivision (a) of
Section 361.3 and in Section 361.4.
(E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or guardianship, a
statement from the child concerning placement and the adoption or
guardianship, and whether the child, if over 12 years of age, has
been consulted about the proposed relative guardianship arrangements,
unless the child's age or physical, emotional, or other condition
precludes his or her meaningful response, and if so, a description of
the condition.
(F) A description of efforts to be made to identify a prospective
adoptive parent or legal guardian, including, but not limited to,
child-specific recruitment and listing on an adoption exchange within
the state or out of the state.
(G) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
(2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
(B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption.
(j) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with a relative
an approved relative caregiver , and juvenile
court dependency is subsequently dismissed, the relative
minor shall be eligible for aid under the
Kin-GAP Program, as provided for in Article 4.5 (commencing with
Section 11360) and or Article 4.7
(commencing with Section 11385), as applicable, of Chapter 2 of Part
3 of Division 9.
(k) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
(l) For purposes of this section, evidence of any of the following
circumstances may not, in and of itself, be deemed a failure to
provide or offer reasonable services:
(1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.
(2) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
(3) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
(m) The implementation and operation of the amendments to
subdivisions (c) and (g) enacted at the 2005-06 Regular Session shall
be subject to appropriation through the budget process and by phase,
as provided in Section 366.35.
SEC. 16. Section 366.22 of the Welfare and Institutions Code is
amended to read:
366.22. (a) When a case has been continued pursuant to paragraph
(1) of subdivision (g) of Section 366.21, the permanency review
hearing shall occur within 18 months after the date the child was
originally removed from the physical custody of his or her parent or
legal guardian. The court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the permanency review
hearing, the court shall consider the criminal history, obtained
pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of
the parent or legal guardian subsequent to the child's removal, to
the extent that the criminal record is substantially related to the
welfare of the child or the parent's or legal guardian's ability to
exercise custody and control regarding his or her child, provided
that the parent or legal guardian agreed to submit fingerprint images
to obtain criminal history information as part of the case plan. The
failure of the parent or legal guardian to participate regularly and
make substantive progress in court-ordered treatment programs shall
be prima facie evidence that return would be detrimental. In making
its determination, the court shall review and consider the social
worker's report and recommendations and the report and
recommendations of any child advocate appointed pursuant to Section
356.5; shall consider the efforts or progress, or both, demonstrated
by the parent or legal guardian and the extent to which he or she
availed himself or herself of services provided, taking into account
the particular barriers of an incarcerated or institutionalized
parent or legal guardian's access to those court-mandated services
and ability to maintain contact with his or her child; and shall make
appropriate findings pursuant to subdivision (a) of Section 366.
Whether or not the child is returned to his or her parent or legal
guardian, the court shall specify the factual basis for its
decision. If the child is not returned to a parent or legal guardian,
the court shall specify the factual basis for its conclusion that
return would be detrimental. If the child is not returned to his or
her parent or legal guardian, the court shall consider, and state for
the record, in-state and out-of-state options for the child's
permanent placement. If the child is placed out of the state, the
court shall make a determination whether the out-of-state placement
continues to be appropriate and in the best interests of the child.
Unless the conditions in subdivision (b) are met and the child is
not returned to a parent or legal guardian at the permanency review
hearing, the court shall order that a hearing be held pursuant to
Section 366.26 in order to determine whether adoption, guardianship,
or long-term foster care is the most appropriate plan for the child.
A hearing pursuant to Section 366.26 shall not be ordered if the
child is a nonminor dependent. However, if the court finds by clear
and convincing evidence, based on the evidence already presented to
it, including a recommendation by the State Department of Social
Services when it is acting as an adoption agency in counties that are
not served by a county adoption agency or by a licensed county
adoption agency, that there is a compelling reason, as described in
paragraph (3) of subdivision (g) of Section 366.21, for determining
that a hearing held under Section 366.26 is not in the best interest
of the child because the child is not a proper subject for adoption
and has no one willing to accept legal guardianship, then the court
may, only under these circumstances, order that the child remain in
long-term foster care. The nonminor dependent's legal status as an
adult is in and of itself a compelling reason not to hold a hearing
pursuant to Section 366.26. The court may order that a nonminor
dependent who otherwise meets the criterion
criteria described in Section 11403 remain in long-term foster
care. If the court orders that a child who is 10 years of age or
older remain in long-term foster care, the court shall determine
whether the agency has made reasonable efforts to maintain the child'
s relationships with individuals other than the child's siblings who
are important to the child, consistent with the child's best
interests, and may make any appropriate order to ensure that those
relationships are maintained. The hearing shall be held no later than
120 days from the date of the permanency review hearing. The court
shall also order termination of reunification services to the parent
or legal guardian. The court shall continue to permit the parent or
legal guardian to visit the child unless it finds that visitation
would be detrimental to the child. The court shall determine whether
reasonable services have been offered or provided to the parent or
legal guardian. For purposes of this subdivision, evidence of any of
the following circumstances shall not, in and of themselves, be
deemed a failure to provide or offer reasonable services:
(1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.
(2) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
(3) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
(b) If the child is not returned to a parent or legal guardian at
the permanency review hearing and the court determines by clear and
convincing evidence that the best interests of the child would be met
by the provision of additional reunification services to a parent or
legal guardian who is making significant and consistent progress in
a substance abuse treatment program, or a parent recently discharged
from incarceration or institutionalization and making significant and
consistent progress in establishing a safe home for the child's
return, the court may continue the case for up to six months for a
subsequent permanency review hearing, provided that the hearing shall
occur within 24 months of the date the child was originally taken
from the physical custody of his or her parent or legal guardian. The
court shall continue the case only if it finds that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or legal guardian and safely
maintained in the home within the extended period of time or that
reasonable services have not been provided to the parent or legal
guardian. For the purposes of this section, in order to find a
substantial probability that the child will be returned to the
physical custody of his or her parent or legal guardian and safely
maintained in the home within the extended period of time, the court
shall be required to find all of the following:
(1) That the parent or legal guardian has consistently and
regularly contacted and visited with the child.
(2) That the parent or legal guardian has made significant and
consistent progress in the prior 18 months in resolving problems that
led to the child's removal from the home.
(3) The parent or legal guardian has demonstrated the capacity and
ability both to complete the objectives of his or her substance
abuse treatment plan as evidenced by reports from a substance abuse
provider as applicable, or complete a treatment plan postdischarge
from incarceration or institutionalization, and to provide for the
child's safety, protection, physical and emotional well-being, and
special needs.
For purposes of this subdivision, the court's decision to continue
the case based on a finding or substantial probability that the
child will be returned to the physical custody of his or her parent
or legal guardian is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interests
of the child.
The court shall inform the parent or legal guardian that if the
child cannot be returned home by the subsequent permanency review
hearing, a proceeding pursuant to Section 366.26 may be instituted.
The court may not order that a hearing pursuant to Section 366.26 be
held unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
(c) (1) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
(A) Current search efforts for an absent parent or parents.
(B) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this subparagraph shall
include, but not be limited to, the child's siblings, grandparents,
aunts, and uncles.
(C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed legal guardian is a
relative of the minor, and the relative was assessed for
foster care placement of the minor prior to January 1, 1998,
the assessment shall also consider, but need not be limited
to, all of the factors specified in subdivision (a) of Section 361.3
and Section 361.4 .
(E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or legal guardianship, a
statement from the child concerning placement and the adoption or
legal guardianship, and whether the child, if over 12 years of age,
has been consulted about the proposed relative guardianship
arrangements, unless the child's age or physical, emotional, or other
condition precludes his or her meaningful response, and if so, a
description of the condition.
(F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
(2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
(B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption.
(d) This section shall become operative January 1, 1999. If at any
hearing held pursuant to Section 366.26, a legal guardianship is
established for the minor with a relative an
approved relative caregiver , and juvenile court dependency is
subsequently dismissed, the relative minor
shall be eligible for aid under the Kin-GAP Program, as
provided for in Article 4.5 (commencing with Section 11360)
and or Article 4.7 (commencing with Section
11385), as applicable, of Chapter 2 of Part 3 of Division 9.
(e) As used in this section, "relative" means an adult who is
related to the child by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
(f) The implementation and operation of the amendments to
subdivision (a) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
SEC. 17. Section 366.25 of the Welfare and Institutions Code is
amended to read:
366.25. (a) (1) When a case has been continued pursuant to
subdivision (b) of Section 366.22, the subsequent permanency review
hearing shall occur within 24 months after the date the child was
originally removed from the physical custody of his or her parent or
legal guardian. The court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the subsequent
permanency review hearing, the court shall consider the criminal
history, obtained pursuant to paragraph (1) of subdivision (f) of
Section 16504.5, of the parent or legal guardian subsequent to the
child's removal to the extent that the criminal record is
substantially related to the welfare of the child or parent or legal
guardian's ability to exercise custody and control regarding his or
her child provided that the parent or legal guardian agreed to submit
fingerprint images to obtain criminal history information as part of
the case plan. The failure of the parent or legal guardian to
participate regularly and make substantive progress in court-ordered
treatment programs shall be prima facie evidence that return would be
detrimental. In making its determination, the court shall review and
consider the social worker's report and recommendations and the
report and recommendations of any child advocate appointed pursuant
to Section 356.5; shall consider the efforts or progress, or both,
demonstrated by the parent or legal guardian and the extent to which
he or she availed himself or herself of services provided; and shall
make appropriate findings pursuant to subdivision (a) of Section 366.
(2) Whether or not the child is returned to his or her parent or
legal guardian, the court shall specify the factual basis for its
decision. If the child is not returned to a parent or legal guardian,
the court shall specify the factual basis for its conclusion that
return would be detrimental. If the child is not returned to his or
her parents or legal guardian, the court shall consider and state for
the record, in-state and out-of-state options for the child's
permanent placement. If the child is placed out of the state, the
court shall make a determination whether the out-of-state placement
continues to be appropriate and in best interests of the child.
(3) If the child is not returned to a parent or legal guardian at
the subsequent permanency review hearing, the court shall order that
a hearing be held pursuant to Section 366.26 in order to determine
whether adoption, guardianship, or long-term foster care is the most
appropriate plan for the child. A hearing pursuant to Section
366.26 shall not be ordered if the child is a nonminor dependent.
However, if the court finds by clear and convincing evidence,
based on the evidence already presented to it, including a
recommendation by the State Department of Social Services when it is
acting as an adoption agency in counties that are not served by a
county adoption agency or by a licensed county adoption agency, that
there is a compelling reason, as described in paragraph (3) of
subdivision (g) of Section 366.21, for determining that a hearing
held under Section 366.26 is not in the best interest of the child
because the child is not a proper subject for adoption and has no one
willing to accept legal guardianship, then the court may, only under
these circumstances, order that the child remain in long-term foster
care. The nonminor dependent's legal status as an adult is in and of
itself a compelling reason not to hold a hearing pursuant to Section
366.26. The court may order that a nonminor dependent who otherwise
meets the criterion criteria described
in Section 11403 remain in long-term foster care. If the court orders
that a child who is 10 years of age or older remain in long-term
foster care, the court shall determine whether the agency has made
reasonable efforts to maintain the child's relationships with
individuals other than the child's siblings who are important to the
child, consistent with the child's best interests, and may make any
appropriate order to ensure that those relationships are maintained.
The hearing shall be held no later than 120 days from the date of the
subsequent permanency review hearing. The court shall also order
termination of reunification services to the parent or legal
guardian. The court shall continue to permit the parent or legal
guardian to visit the child unless it finds that visitation would be
detrimental to the child. The court shall determine whether
reasonable services have been offered or provided to the parent or
legal guardian. For purposes of this subdivision, evidence of any of
the following circumstances shall not, in and of themselves, be
deemed a failure to provide or offer reasonable services:
(A) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.
(B) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
(C) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
(b) (1) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
(A) Current search efforts for an absent parent or parents.
(B) A review of the amount of, and nature of, any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
(C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(D) A preliminary
assessment of the eligibility and commitment of any identified
prospective adoptive parent or legal guardian, particularly the
caretaker, to include a social history including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship. If a proposed legal guardian is a relative of the
minor, the assessment shall also consider, but need not be limited
to, all of the factors specified in subdivision (a) of Section 361.3
and in Section 361.4.
(E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or legal guardianship, a
statement from the child concerning placement and the adoption or
legal guardianship, and whether the child, if over 12 years of age,
has been consulted about the proposed relative guardianship
arrangements, unless the child's age or physical, emotional, or other
condition precludes his or her meaningful response, and if so, a
description of the condition.
(F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
(2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
(B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption.
(c) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with a relative
an approved relative caregiver , and juvenile
court dependency is subsequently dismissed, the relative
minor shall be eligible for aid under the
Kin-GAP Program, as provided for in Article 4.5 (commencing with
Section 11360) and or Article 4.7
(commencing with Section 11385), as applicable, of Chapter 2 of Part
3 of Division 9.
(d) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
(e) The implementation and operation of subdivision (a) enacted at
the 2005-06 Regular Session shall be subject to appropriation
through the budget process and by phase, as provided in Section
366.35.
SEC. 18. Section 366.3 of the Welfare and Institutions Code is
amended to read:
366.3. (a) If a juvenile court orders a permanent plan of
adoption or legal guardianship pursuant to Section 360 or 366.26, the
court shall retain jurisdiction over the child until the child is
adopted or the legal guardianship is established, except as provided
for in Section 366.29 or Section 366.31. The status of the child
shall be reviewed every six months to ensure that the adoption or
legal guardianship is completed as expeditiously as possible. When
the adoption of the child has been granted, the court shall terminate
its jurisdiction over the child. Following establishment of a legal
guardianship, the court may continue jurisdiction over the child as a
dependent child of the juvenile court or may terminate its
dependency jurisdiction and retain jurisdiction over the child as a
ward of the legal guardianship, as authorized by Section 366.4. If,
however, a relative of the child is appointed the legal guardian of
the child and the child has been placed with the relative for at
least six months, the court shall, except if the relative guardian
objects, or upon a finding of exceptional circumstances, terminate
its dependency jurisdiction and retain jurisdiction over the child as
a ward of the guardianship, as authorized by Section 366.4.
Following a termination of parental rights, the parent or parents
shall not be a party to, or receive notice of, any subsequent
proceedings regarding the child.
(b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact. The court may vacate its previous order dismissing
dependency jurisdiction over the child.
Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a legal guardianship that has been granted pursuant to
Section 360 or 366.26 shall be held either in the juvenile court that
retains jurisdiction over the guardianship as authorized by Section
366.4 or the juvenile court in the county where the guardian and
child currently reside, based on the best interests of the child,
unless the termination is due to the emancipation or adoption of the
child. The juvenile court having jurisdiction over the guardianship
shall receive notice from the court in which the petition is filed
within five calendar days of the filing. Prior to the hearing on a
petition to terminate legal guardianship pursuant to this
subdivision, the court shall order the county department of social
services or welfare department having jurisdiction or jointly with
the county department where the guardian and child currently reside
to prepare a report, for the court's consideration, that shall
include an evaluation of whether the child could safely remain in, or
be returned to, the legal guardian's home, without terminating the
legal guardianship, if services were provided to the child or legal
guardian. If applicable, the report shall also identify recommended
family maintenance or reunification services to maintain the legal
guardianship and set forth a plan for providing those services. If
the petition to terminate legal guardianship is granted, either
juvenile court may resume dependency jurisdiction over the child, and
may order the county department of social services or welfare
department to develop a new permanent plan, which shall be presented
to the court within 60 days of the termination. If no dependency
jurisdiction has attached, the social worker shall make any
investigation he or she deems necessary to determine whether the
child may be within the jurisdiction of the juvenile court, as
provided in Section 328.
Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the legal guardianship
has been revoked or terminated and shall be entitled to participate
in the new permanency planning hearing. The court shall try to place
the child in another permanent placement. At the hearing, the parents
may be considered as custodians but the child shall not be returned
to the parent or parents unless they prove, by a preponderance of the
evidence, that reunification is the best alternative for the child.
The court may, if it is in the best interests of the child, order
that reunification services again be provided to the parent or
parents.
(c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption may be an appropriate plan for the child, the
department shall so notify the court. The court may vacate its
previous order dismissing dependency jurisdiction over the child and
order that a hearing be held pursuant to Section 366.26 to determine
whether adoption or continued legal guardianship is the most
appropriate plan for the child. The hearing shall be held no later
than 120 days from the date of the order. If the court orders that a
hearing shall be held pursuant to Section 366.26, the court shall
direct the agency supervising the child and the licensed county
adoption agency, or the State Department of Social Services if it is
acting as an adoption agency in counties that are not served by a
county adoption agency, to prepare an assessment under subdivision
(b) of Section 366.22.
(d) If the child or nonminor dependent is in a placement other
than the home of a legal guardian and jurisdiction has not been
dismissed, the status of the child shall be reviewed at least every
six months. The review of the status of a child for whom the court
has ordered parental rights terminated and who has been ordered
placed for adoption shall be conducted by the court. The review of
the status of a child or nonminor dependent for whom the court has
not ordered parental rights terminated and who has not been ordered
placed for adoption may be conducted by the court or an appropriate
local agency. The court shall conduct the review under the following
circumstances:
(1) Upon the request of the child's parents or legal guardians.
(2) Upon the request of the child or nonminor dependent.
(3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the child remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.25, 366.26, or subdivision
(h).
(4) It has been 12 months since a review was conducted by the
court.
The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.
(e) Except as provided in subdivision (g), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
(1) The continuing necessity for, and appropriateness of, the
placement.
(2) Identification of individuals other than the child's siblings
who are important to a child who is 10 years of age or older and has
been in out-of-home placement for six months or longer, 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 and who has been in out-of-home placement
for six months or longer to identify individuals other than the child'
s siblings who are important to the child, and may ask any other
child 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.
(3) The continuing appropriateness and extent of compliance with
the permanent plan for the child, including efforts to maintain
relationships between a child who is 10 years of age or older and who
has been in out-of-home placement for six months or longer and
individuals who are important to the child and efforts to identify a
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.
(4) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts either to return the
child to the safe home of the parent or to complete whatever steps
are necessary to finalize the permanent placement of the child. If
the reviewing body determines that a second period of reunification
services is in the child's best interests, and that there is a
significant likelihood of the child's return to a safe home due to
changed circumstances of the parent, pursuant to subdivision (f), the
specific reunification services required to effect the child's
return to a safe home shall be described.
(5) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions for the child. That
limitation shall be specifically addressed in the court order and may
not exceed what is necessary to protect the child. If the court
specifically limits the right of the parent or guardian to make
educational decisions for the child, the court shall at the same time
appoint a responsible adult to make educational decisions for the
child pursuant to Section 361.
(6) The adequacy of services provided to the child. The court
shall consider the progress in providing the information and
documents to the child, as described in Section 391. The court shall
also consider the need for, and progress in providing, the assistance
and services described in Section 391.
(7) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.
(8) The likely date by which the child may be returned to, and
safely maintained in, the home, placed for adoption, legal
guardianship, or in another planned permanent living arrangement.
(9) Whether the child has any 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.
The factors the court may consider as indicators of the nature of
the child's sibling relationships include, but are 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 interests.
(10) For a child who is 16 years of age or older, and, effective
October 1, 2010, for a nonminor dependent, the services needed to
assist the child or nonminor dependent to make the transition from
foster care to independent living.
The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
(f) Unless their parental rights have been permanently terminated,
the parent or parents of the child are entitled to receive notice
of, and participate in, those hearings. It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child. In those cases, the court may order that further reunification
services to return the child to a safe home environment be provided
to the parent or parents up to a period of six months, and family
maintenance services, as needed for an additional six months in order
to return the child to a safe home environment.
(g) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, the
county welfare department shall prepare and present to the court a
report describing the following:
(1) The child's present placement.
(2) The child's current physical, mental, emotional, and
educational status.
(3) If the child has not been placed with a prospective adoptive
parent or guardian, 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 agency shall ask every child who is 10
years of age or older to identify any individuals who are important
to him or her, consistent with the child's best interest, and may ask
any child who is younger than 10 years of age to provide that
information as appropriate. The agency shall make efforts to identify
other individuals who are important to the child.
(4) Whether the child has been placed with a prospective adoptive
parent or parents.
(5) Whether an adoptive placement agreement has been signed and
filed.
(6) If the child has not been placed with a prospective adoptive
parent or parents, the efforts made to identify an appropriate
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.
(7) Whether the final adoption order should include provisions for
postadoptive sibling contact pursuant to Section 366.29.
(8) The progress of the search for an adoptive placement if one
has not been identified.
(9) Any impediments to the adoption or the adoptive placement.
(10) The anticipated date by which the child will be adopted or
placed in an adoptive home.
(11) The anticipated date by which an adoptive placement agreement
will be signed.
(12) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.
The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
(h) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or appointed
a legal guardian, or, if compelling reasons exist for finding that
none of the foregoing options are in the best interest of the child,
whether the child should be placed in another planned permanent
living arrangement. The court shall order that a hearing be held
pursuant to Section 366.26, unless it determines by clear and
convincing evidence that there is a compelling reason for determining
that a hearing held pursuant to Section 366.26 is not in the best
interest of the child because the child is being returned to the home
of the parent, the child is not a proper subject for adoption, or no
one is willing to accept legal guardianship. If the licensed county
adoption agency, or the department when it is acting as an adoption
agency in counties that are not served by a county adoption agency,
has determined it is unlikely that the child will be adopted or one
of the conditions described in paragraph (1) of subdivision (c) of
Section 366.26 applies, that fact shall constitute a compelling
reason for purposes of this subdivision. Only upon that determination
may the court order that the child remain in long-term
foster care, without holding a hearing pursuant to Section 366.26.
The nonminor dependent's legal status as an adult is in and of itself
a compelling reason not to hold a hearing pursuant to Section
366.26.
(i) If, as authorized by subdivision (h), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or
the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22. A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption, legal
guardianship, or long-term foster care is the most appropriate plan
for the child. A hearing pursuant to Section 366.26 shall not be
ordered if the child is a nonminor dependent. The court may order
that a nonminor dependent who otherwise meets the criterion
criteria described in Section 11403 remain in
long-term foster care.
(j) The implementation and operation of the amendments to
subdivision (e) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
(k) The reviews conducted pursuant to subdivision (a) or (d) may
be conducted earlier than every six months if the court determines
that an earlier review is in the best interests of the child or as
court rules prescribe.
(l) At On and after October 1, 2010, at
the review hearing that occurs in the six-month period prior to
the minor's attaining 18 years of age , and at every subsequent
review hearing , the report shall describe all of the
following:
(1) The minor's plans to remain in foster care and plans to meet
one or more of the criteria as described in Section 11403 to continue
to receive AFDC-FC benefits.
(2) The efforts made and assistance provided to the minor by the
social worker or the probation officer so that the minor will be able
to meet the criteria.
(3) Efforts toward completing the items described in subparagraph
(E) of paragraph (2) of subdivision (a) of Section 391.
(m) On and after October 1, 2010, the reviews conducted pursuant
to subdivisions (e), (g), (e) and (h)
for any nonminor dependent shall be conducted in a manner that
respects the nonminor's status as a legal adult, be focused on the
goals and services described in the youth's transitional independent
living case plan, including efforts made to maintain connections with
caring and permanently committed adults, and attended as appropriate
by additional participants invited by the nonminor dependent. The
review shall include all the issues in subdivision (e), except
paragraph (5) of subdivision (e). The county child welfare or
probation department, or Indian tribe that has entered into an
agreement pursuant to Section 10553.1 shall prepare and present to
the court a report that addresses the youth's progress in meeting the
goals in the transitional independent living case plan and propose
modifications as necessary to further those goals. The report shall
document that the minor nonminor has
received all the information and documentation described in paragraph
(2) of subdivision (e) of Section 391. If the court is considering
terminating dependency jurisdiction for a nonminor dependent it shall
first hold a hearing pursuant to Section 391.
(n) On and after October 1, 2010, if a review hearing pursuant to
this section is the last review hearing to be held before the child
attains 18 years of age, the court shall ensure that the child's
transitional independent living case plan includes a plan for the
child to meet one or more of the criteria in Section 11403 so that
the child can become a nonminor dependent, and that the child has
been informed of his or her right to seek the termination of
dependency jurisdiction pursuant to Section 391.
SEC. 19. Section 366.31 is added to the Welfare and Institutions
Code, to read:
366.31. (a) On and after October 1, 2010, with respect to a
nonminor dependent, as defined in subdivision (v) of Section 11400,
who has a permanent plan of long-term foster care that was ordered
pursuant to Section 366.21, 366.22, 366.25, or 366.26 the court may
continue jurisdiction of the nonminor as a dependent of the juvenile
court or may dismiss dependency jurisdiction pursuant to Section 391.
(b) If the court continues dependency jurisdiction of the nonminor
as a dependent of the juvenile court, the court shall order the
development of a planned permanent living arrangement, which may
include continued placement with the current caregiver or another
licensed or approved caregiver or placement under a mutual agreement
pursuant to Section 11403, or in supervised independent living,
consistent with the youth's transitional independent living case
plan.
(c) If the court terminates its dependency jurisdiction over a
nonminor dependent pursuant to subdivision (a), it shall retain
jurisdiction over the youth pursuant to Section 303. If the court has
dismissed dependency jurisdiction pursuant to subdivision (d) of
Section 391, the nonminor dependent, who has not attained 21 years of
age, may subsequently file a petition pursuant to subdivision (e) of
Section 388 to have dependency jurisdiction resumed and the court
may vacate its previous order dismissing dependency jurisdiction over
the nonminor dependent.
SEC. 20. Section 366.4 of the Welfare and Institutions Code is
amended to read:
366.4. (a) Any minor for whom a guardianship has been established
resulting from the selection or implementation of a permanency plan
pursuant to Section 360 or 366.26, or a nonminor who is eligible to
receive Kin-GAP payments pursuant to Section 11363 or 11386 , or
a nonminor former dependent child of the juvenile court who is
receiving AFDC-FC benefits pursuant to Section 11405, is within
the jurisdiction of the juvenile court. For those minors, Part 2
(commencing with Section 1500) of Division 4 of the Probate Code,
relating to guardianship, shall not apply. If no specific provision
of this code or the California Rules of Court is applicable, the
provisions applicable to the administration of estates under Part 4
(commencing with Section 2100) of Division 4 of the Probate Code
govern so far as they are applicable to like situations.
(b) Nonrelated legal guardians of the person of a minor
established as a result of a permanency plan selected pursuant to
Section 360 or 366.26 shall be exempt from the provisions of Sections
2850 and 2851 of the Probate Code.
SEC. 21. Section 388 of the Welfare and Institutions Code is
amended to read:
388. (a) Any parent or other person having an
interest in a child who is a dependent child of the juvenile court
or the child himself or herself through a properly appointed guardian
may, upon grounds of change of circumstance or new evidence,
petition the court in the same action in which the child was found to
be a dependent child of the juvenile court or in which a
guardianship was ordered pursuant to Section 360 for a hearing to
change, modify, or set aside any order of court previously made or to
terminate the jurisdiction of the court. The petition shall be
verified and, if made by a person other than the child, shall state
the petitioner's relationship to or interest in the child and shall
set forth in concise language any change of circumstance or new
evidence that are alleged to require the change of order or
termination of jurisdiction.
(b) Any person, including a child who is a dependent of the
juvenile court, may petition the court to assert a relationship as a
sibling related by blood, adoption, or affinity through a common
legal or biological parent to a child who is, or is the subject of a
petition for adjudication as, a dependent of the juvenile court, and
may request visitation with the dependent child, placement with or
near the dependent child, or consideration when determining or
implementing a case plan or permanent plan for the dependent child or
make any other request for an order which may be shown to be in the
best interest of the dependent child. The court may appoint a
guardian ad litem to file the petition for the dependent child
asserting the sibling relationship if the court determines that the
appointment is necessary for the best interests of the dependent
child. The petition shall be verified and shall set forth the
following:
(1) Through which parent he or she is related to the dependent
child.
(2) Whether he or she is related to the dependent child by blood,
adoption, or affinity.
(3) The request or order that the petitioner is seeking.
(4) Why that request or order is in the best interest of the
dependent child.
(c) (1) Any party, including a child who is a dependent of the
juvenile court, may petition the court, prior to the hearing set
pursuant to subdivision (f) of Section 366.21 for a child described
by paragraph (1) of subdivision (a) of Section 361.5, or within six
months of the initial dispositional hearing for a child described by
paragraph (2) or (3) of subdivision (a) of Section 361.5, to
terminate court-ordered reunification services provided under
subdivision (a) of Section 361.5 only if one of the following
conditions exists:
(A) It appears that a change of circumstance or new evidence
exists that satisfies a condition set forth in subdivision (b) or (e)
of Section 361.5 justifying termination of court-ordered
reunification services.
(B) The action or inaction of the parent or guardian creates a
substantial likelihood that reunification will not occur, including,
but not limited to, the parent or guardian's failure to visit the
child, or the failure of the parent or guardian to participate
regularly and make substantive progress in a court-ordered treatment
plan.
(2) In determining whether the parent or guardian has failed to
visit the child or participate regularly or make progress in the
treatment plan, the court shall consider factors including, but not
limited to, the parent or guardian's incarceration,
institutionalization, or participation in a residential substance
abuse treatment program.
(3) The court shall terminate reunification services during the
above-described time periods only upon a finding by a preponderance
of evidence that reasonable services have been offered or provided,
and upon a finding of clear and convincing evidence that one of the
conditions in subparagraph (A) or (B) of paragraph (1) exists.
(4) If the court terminates reunification services, it shall order
that a hearing pursuant to Section 366.26 be held within 120 days.
(d) If it appears that the best interests of the child may be
promoted by the proposed change of order, recognition of a sibling
relationship, termination of jurisdiction, or clear and convincing
evidence supports revocation or termination of court-ordered
reunification services, the court shall order that a hearing be held
and shall give prior notice, or cause prior notice to be given, to
the persons and by the means prescribed by Section 386, and, in those
instances in which the means of giving notice is not prescribed by
those sections, then by means the court prescribes.
(e) (1) On and after October 1, 2010, a nonminor who has not
attained 21 years of age for whom the court has dismissed dependency
jurisdiction pursuant to Section 391 may petition the court in the
same action in which the child was found to be a dependent child of
the juvenile court for a hearing to resume the dependency
jurisdiction of the court.
(2) The petition to resume dependency jurisdiction may be filed in
the juvenile court that retains jurisdiction under subdivision (b)
of Section 303 or the juvenile court in the county where the youth
resides. The juvenile court having jurisdiction under Section 303
shall receive the petition from the court in which the petition is
filed within five court days of the filing if the petition is filed
in the county of residence. Upon receipt of the petition, the court
shall order that a hearing be held and shall give prior notice, or
cause prior notice to be given, to the persons and by the means
prescribed by Section 386, except that notice to parents or former
guardian shall not be provided if the nonminor objects.
(3) The Judicial Council, by October 1, 2010, shall adopt rules of
court to allow for telephonic appearances by nonminor former
dependents in these proceedings.
(4) Prior to the hearing on a petition to resume dependency
jurisdiction, the court shall order the county child welfare or
probation department or Indian tribe that has entered into an
agreement pursuant to Section 10553.1 to prepare a report for the
court addressing whether the nonminor is able to meet at least one of
the criteria set forth in Section 11403.
(5) The court, if it finds that the nonminor is able to meet at
least one of the criteria set forth in Section 11403, shall resume
dependency jurisdiction and order the county child welfare or
probation department or tribe to develop a new transitional
independent living case plan with the youth, which shall be presented
to the court within 60 days of the resumption of the dependency
jurisdiction.
SEC. 22. Section 391 of the Welfare and Institutions Code is
amended to read:
391. (a) At any hearing to terminate jurisdiction over a
dependent child who has reached the age of majority, the county
welfare department shall do all of the following:
(1) Ensure that the child is present in court, unless the child
does not wish to appear in court, or document efforts by the county
welfare department to locate the child when the child is not
available.
(2) Submit a report verifying that the following information,
documents, and services have been provided to the child:
(A) Written information concerning the child's dependency case,
including any known information regarding the child's Indian heritage
or tribal connections, if applicable, his or her family history and
placement history, any photographs of the child or his or her family
in the possession of the county welfare department, other than
forensic photographs, the whereabouts of any siblings under the
jurisdiction of the juvenile court, unless the court determines that
sibling contact would jeopardize the safety or welfare of the
sibling, directions on how to access the documents the child is
entitled to inspect under Section 827, and the date on which the
jurisdiction of the juvenile court would be terminated.
(B) The following documents:
(i) Social security card.
(ii) Certified birth certificate.
(iii) Health and education summary, as described in subdivision
(a) of Section 16010.
(iv) Driver's license, as described in Section 12500 of the
Vehicle Code, or identification card, as described in Section 13000
of the Vehicle Code.
(v) A letter prepared by the county welfare department that
includes the following information:
(I) The child's name and date of birth.
(II) The dates during which the child was within the jurisdiction
of the juvenile court.
(III) A statement that the child was a foster youth in compliance
with state and federal financial aid documentation requirements.
(vi) If applicable, the death certificate of the parent or
parents.
(vii) If applicable, proof of the child's citizenship or legal
residence.
(C) Assistance in completing an application for Medi-Cal or
assistance in obtaining other health insurance; referral to
transitional housing, if available, or assistance in securing other
housing; and assistance in obtaining employment or other financial
support.
(D) Assistance in applying for admission to college or to a
vocational training program or other educational institution and in
obtaining financial aid, where appropriate.
(E) Assistance in maintaining relationships with individuals who
are important to a child who has been in out-of-home placement for
six months or longer from the date the child entered foster care,
based on the child's best interests.
(3) The court may continue jurisdiction if it finds that the
county welfare department has not met the requirements of paragraph
(2) of subdivision (a) and that termination of jurisdiction would be
harmful to the best interests of the child. If the court determines
that continued jurisdiction is warranted pursuant to this section,
the continuation shall only be ordered for that period of time
necessary for the county welfare department to meet the requirements
of paragraph (2) of subdivision (a). This section shall not be
construed to limit the discretion of the juvenile court to continue
jurisdiction for other reasons. The court may terminate jurisdiction
if the county welfare department has offered the required services,
and the child either has refused the services or, after reasonable
efforts by the county welfare department, cannot be located.
(b) The Judicial Council shall develop and implement standards,
and develop and adopt appropriate forms, necessary to implement this
section.
(c) This section shall remain in effect only until October 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before October 1, 2010, deletes or extends
that date.
SEC. 23. Section 391 is added to the Welfare and Institutions
Code, to read:
391. (a) The court shall not terminate jurisdiction over a
dependent youth who has reached 18 years of age unless a hearing is
conducted pursuant to this section.
(b) At any hearing for a dependent youth who has attained 18 years
of age at which the court is considering termination of the
jurisdiction of the juvenile court and the accompanying foster care
services as described in Section 11403, the county welfare department
shall do all of the following:
(1) Ensure that the dependent is present in court, unless the
dependent does not wish to appear in court, or document efforts by
the county welfare department to locate the child when the child is
not available.
(2) Submit a report describing whether it is in the youth's best
interests to remain under the court's dependency jurisdiction, which
includes a recommended transitional independent living case plan for
any youth that the department determines would benefit from continued
jurisdiction.
(c) The court shall continue dependency jurisdiction for a
nonminor dependent, as defined in subdivision (v) of Section 11400 of
the Welfare and Institutions Code, who meets the criteria of Section
11403 unless the court finds that after reasonable and documented
efforts the nonminor cannot be located or does not wish to remain
subject to dependency jurisdiction. In making this finding, the court
shall ensure that the nonminor has been informed of his or her
options including the right to file a petition pursuant to Section
388 to resume dependency jurisdiction, and had an opportunity to
confer with his or her counsel if counsel has been appointed pursuant
to Section 317.
(d) If the court terminates dependency jurisdiction, the nonminor
shall remain within the jurisdiction of the court until the nonminor
attains 21 years of age, although no review proceedings shall be
required. A nonminor may petition the court pursuant to subdivision
(e) of Section 388 to resume dependency jurisdiction at any time
before attaining 21 years of age.
(e) Unless the nonminor does not wish to remain under the
dependency or delinquency jurisdiction of the court, or, after
reasonable efforts by the county welfare department the nonminor
cannot be located, the court shall not terminate dependency or
delinquency jurisdiction over a youth in foster care who has reached
18 years of age until a hearing is conducted pursuant to this section
and the department has submitted a report verifying that the
following information, documents, and services have been provided to
the child:
(1) Written information concerning the child's dependency case,
including any known information regarding the child's Indian heritage
or tribal connections, if applicable, his or her family history and
placement history, any photographs of the child or his or her family
in the possession of the county welfare department, other than
forensic photographs, the whereabouts of any siblings under the
jurisdiction of the juvenile court, unless the court determines that
sibling contact would jeopardize the safety or welfare of the
sibling, directions on how to access the documents the child is
entitled to inspect under Section 827, and the date on which the
jurisdiction of the juvenile court would be terminated.
(2) The following documents:
(A) Social security card.
(B) Certified copy of his or her birth certificate.
(C) Health and education summary, as described in subdivision (a)
of Section 16010.
(D) Driver's license, as described in Section 12500 of the Vehicle
Code, or identification card, as described in Section 13000 of the
Vehicle Code.
(E) A letter prepared by the county welfare department that
includes the following information:
(i) The child's name and date of birth.
(ii) The dates during which the child was within the jurisdiction
of the juvenile court.
(iii) A statement that the child was a foster youth in compliance
with state and federal financial aid documentation requirements.
(F) If applicable, the death certificate of the parent or parents.
(G) If applicable, proof of the child's citizenship or legal
residence.
(3) Assistance in completing an application for Medi-Cal or
assistance in obtaining other health insurance.
(4) Referrals to transitional housing, if available, or assistance
in securing other housing.
(5) Assistance in obtaining employment or other financial support.
(6) Assistance in applying for admission to college or to a
vocational training program or other educational institution and in
obtaining financial aid, where appropriate.
(7) Assistance in maintaining relationships with individuals who
are important to a child who has been in out-of-home placement for
six months or longer from the date the child entered foster care,
based on the child's best interests.
(f) At the hearing closest to and before a dependent child's 18th
birthday and every review hearing thereafter, the department shall
submit a report describing efforts toward completing the items
described in subparagraph (E) of paragraph (2) of subdivision (e).
(g) The Judicial Council shall develop and implement standards,
and develop and adopt appropriate forms necessary to implement this
provision.
(h) This section shall become operative on October 1, 2010.
SEC. 24. Section 10609.4 of the Welfare and Institutions Code is
amended to read:
10609.4. (a) On or before July 1, 2000, the State Department of
Social Services, in consultation with county and state
representatives, foster youth, and advocates, shall do both of the
following:
(1) Develop statewide standards for the implementation and
administration of the Independent Living Program established pursuant
to the federal Consolidated Omnibus Budget Reconciliation Act of
1985 (Public Law 99-272).
(2) Define the outcomes for the Independent Living Program and the
characteristics of foster youth enrolled in the program for data
collection purposes.
(b) Each county department of social services shall include in its
annual Independent Living Program report both of the following:
(1) An accounting of federal and state funds allocated for
implementation of the program. Expenditures shall be related to the
specific purposes of the program. Program purposes may include, but
are not limited to, all of the following:
(A) Enabling participants to seek a high school diploma or its
equivalent or to take part in appropriate vocational training, and
providing job readiness training and placement services, or building
work experience and marketable skills, or both.
(B) Providing training in daily living skills, budgeting, locating
and maintaining housing, and career planning.
(C) Providing for individual and group counseling.
(D) Integrating and coordinating services otherwise available to
participants.
(E) Providing each participant with a written transitional
independent living plan that will be based on an assessment of his or
her needs, that includes information provided by persons who have
been identified by the participant as important to the participant in
cases in which the participant has been in out-of-home placement in
a group home for six months or longer from the date the participant
entered foster care, consistent with the participant's best
interests, and that will be incorporated into his or her case plan.
(F) Providing participants with other services and assistance
designed to improve independent living.
(G) Convening persons who have been identified by the participant
as important to him or her for the purpose of providing information
to be included in his or her written transitional independent living
plan.
(2) A detail of the characteristics of foster youth enrolled in
their independent living programs and the outcomes achieved based on
the information developed by the department pursuant to subdivision
(a).
(c) The county department of social services in a county that
provides transitional housing placement services pursuant to
paragraph (2) of subdivision (a) of Section 11403.2 shall include in
its annual Independent Living Program report a description of
currently available transitional housing resources in relation to the
number of emancipating pregnant or parenting foster youth in the
county, and a plan for meeting any unmet transitional housing needs
of the emancipating pregnant or parenting foster youth.
(d) In consultation with the department, a county may use
different methods and strategies to achieve the standards and
outcomes of the Independent Living Program developed pursuant to
subdivision (a).
(e) In consultation with the County Welfare Directors Association,
the California Youth Connection, and other stakeholders, the
department shall develop and adopt emergency regulations, no later
than July 1, 2011, in accordance with Section 11346.1 of the
Government Code that counties shall be required to meet when
administering the Independent Living Program and that are achievable
within existing program resources and any federal funds available for
case management and case plan review functions for nonminor
dependents, as provided for in the federal Fostering Connections to
Success and Increasing Adoptions Act of 2008 (Public Law 110-351).
The initial adoption of emergency regulations and one readoption of
the initial regulations shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health
and safety, or general welfare. Initial emergency regulations and the
first readoption of those regulations shall be exempt from review by
the Office of Administrative Law. The initial emergency regulations
and the first readoption of those regulations authorized by this
subdivision shall be submitted to the Office of Administrative Law
for filing with the Secretary of State and each shall remain in
effect for no more than 180 days.
(f) The department, in consultation with representatives of the
Legislature, the County Welfare Directors Association, the Chief
Probation Officers of California, the Judicial Council,
representatives of tribes, the California Youth Connection, former
foster youth, child advocacy organizations , labor
organizations , dependency counsel for children, foster
caregiver organizations, and researchers, shall review and develop
modifications needed to the Independent Living Program to also serve
the needs of nonminor dependents, as defined in subdivision (v) of
Section 11400, eligible for services pursuant to Section 11403.
Notwithstanding the Administrative Procedure Act, Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, through June 30, 2011, the department shall
prepare for implementation of the applicable provisions of this
section by publishing all-county letters or similar instructions from
the director by July 1, 2010, which shall be applicable from October
1, 2010, to June 30, 2011, inclusive.
SEC. 25. Section 11008.15 of the Welfare and Institutions Code is
amended to read:
11008.15. Notwithstanding Sections 11008.14 and 11267, the
department shall exercise the options of disregarding earned income
of a dependent child or ward of the juvenile court derived from
participation in the Job Training Partnership Act of 1982 (Public Law
97-300), a dependent child or ward of the juvenile court who is a
full-time student pursuant to the Deficit Reduction Act of 1984
(Public Law 97-369), a dependent child or ward of the juvenile court
16 years of age or older who is a participant in the Independent
Living Program pursuant to the Consolidated Omnibus Budget
Reconciliation Act of 1985 (Public Law 99-272), and a nonminor
dependent, as defined in subdivision (v) of Section 11400 who is
participating in a transitional independent living case plan pursuant
to the federal Fostering Connections to Success and Increasing
Adoptions Act of 2008 (Public Law 110-351), provided that the child's
Independent Living Program case plan states that the purpose of the
employment is to enable the child to gain knowledge of needed work
skills, work habits, and the responsibilities of maintaining
employment.
SEC. 26. Section 11155.5 of the Welfare and Institutions Code is
amended to read:
11155.5. (a) In addition to the personal property permitted by
other provisions of this part, a child declared a ward or dependent
child of the juvenile court, who is 16 years of age or older, or a
nonminor dependent, as defined in subdivision (v) of Section 11400,
who is participating in a transitional independent living case plan
pursuant to the federal Fostering Connections to Success and
Increasing Adoptions Act of 2008 (Public Law 110-351), may retain
resources with a combined value of not more than ten thousand dollars
($10,000), consistent with Section 472(a) of the federal Social
Security Act (42 U.S.C. Sec. 672(a)) as contained in the federal
Foster Care Independence Act of 1999 (Public Law 106-169) and the
child's transitional independent living plan. Any cash savings shall
be the child's own money and shall be deposited by the child or on
behalf of the child in any bank or savings and loan institution whose
deposits are insured by the Federal Deposit Insurance Corporation or
the Federal Savings and Loan Insurance Corporation. The cash savings
shall be for the child's use for purposes directly related to the
child's or nonminor dependents' transitional independent living case
plan goals.
(b) The withdrawal of the savings by a child shall require the
written approval of the child's probation officer or social worker
and shall be directly related to the goal of emancipation.
SEC. 27. Section 11253 of the Welfare and Institutions Code is
amended to read:
11253. (a) Aid shall not be granted under this chapter to or on
behalf of any child who has attained 18 years of age unless all of
the following apply:
(1) The child is less than 19 years of age and is attending high
school or the equivalent level of vocational or technical training on
a full-time basis.
(2) The child can reasonably be expected to complete the
educational or training program before his or her 19th birthday.
(b) Aid shall be granted under this chapter to or on behalf of any
nonminor dependent, as defined in subdivision (v) of Section 11400,
if the nonminor dependent is placed in the approved home of a
relative under the supervision of the county child welfare or
probation department or Indian tribe that has entered into an
agreement pursuant to Section 10553.1, and the nonminor dependent
otherwise meets the criteria of Section 11403.
SEC. 28. Section 11360 of the Welfare and Institutions Code is
amended to read:
11360. The department shall establish a state-funded Kinship
Guardianship Assistance Payment Program as specified by this article.
SEC. 29. Section 11361 of the Welfare and Institutions Code is
amended to read:
11361. The Legislature finds and declares that the continuation
of the state-funded Kinship Guardianship Assistance Payment Program
is intended to enhance family preservation and stability by
recognizing that many some dependent
children and wards of the juvenile court who are not otherwise
eligible under Subtitle IV-E (commencing with Section 470) of the
federal Social Security Act (42 U.S.C. Sec. 670 et seq.) are in
long-term, stable placements with relatives funded under the CalWORKs
program pursuant to Section 11450, that these placements are the
permanent plan for the child, that dependencies can be dismissed
pursuant to Section 366.3 with legal guardianship granted to the
relative, and that there is no need for continued governmental
intervention in the family life through ongoing, scheduled court and
social services supervision of the placement. Continuation of the
state-funded Kin-GAP Program is necessary to ensure that wards and
dependent children of the juvenile court whose placement in the home
of an approved relative is funded under the CalWORKs program are
equally eligible for the benefits derived from legal permanency with
the related guardian and
that the state can maximize improvements to federal permanency
outcome measures by exiting nonfederally eligible youth to the state'
s subsidized kinship guardianship program.
SEC. 30. Section 11362 of the Welfare and Institutions Code is
amended to read:
11362. For purposes of this article, the following definitions
shall apply:
(a) "Kinship Guardianship Assistance Payments (Kin-GAP)" means the
state-funded aid provided under the terms of this article on behalf
of children in kinship care who are not eligible for federally funded
Kin-GAP pursuant to Section 11385.
(b) "Kinship guardian" means a person who (1) has been appointed
the legal guardian of a dependent child pursuant to Section 366.26
and (2) is a relative of the child.
(c) "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 those persons even if the marriage was terminated by
death or dissolution.
SEC. 31. Section 11363 of the Welfare and Institutions Code is
amended to read:
11363. (a) Aid in the form of state-funded Kin-GAP shall be
provided under this article on behalf of any child under 18 years of
age and to any eligible youth under 19 years of age as provided in
Section 11403 or 11403.01 , who meets all of the following
conditions:
(1) Has been adjudged a dependent child of the juvenile court
pursuant to Section 300, or, effective October 1, 2006, a ward of the
juvenile court pursuant to Section 601 or 602.
(2) Has been living with a relative for at least six consecutive
months.
(3) Has had a kinship guardianship with that relative established
as the result of the implementation of a permanent plan pursuant to
Section 366.26.
(4) Has had his or her dependency jurisdiction terminated after
January 1, 2000, pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (e) of Section 728, concurrently
or subsequently to the establishment of the kinship guardianship.
(b) If the conditions specified in subdivision (a) are met and,
subsequent to the termination of dependency jurisdiction, any parent
or person having an interest files with the juvenile court a petition
pursuant to Section 388 to change, modify, or set aside an order of
the court, Kin-GAP payments shall continue unless and until the
juvenile court, after holding a hearing, orders the child removed
from the home of the guardian, terminates the guardianship, or
otherwise grants the relief requested in the petition.
(c) Through September 30, 2010, Kin-GAP payments shall continue
after the child's 18th birthday if the conditions specified in
Section 11403 are met. On and after October 1, 2010, Section
11403.01 shall apply to an eligible youth whose Kin-GAP aid payments
commenced before the youth attained 16 years of age.
(d) Commencing October 1, 2010, state-funded Kin-GAP payments
shall continue for youths who have attained 18 years of age and are
under 21 years of age if they attained 16 years of age before the
Kin-GAP aid payments commenced and the youth meets one or more of the
following criteria:
(1) The youth is completing secondary education or a program
leading to an equivalent credential.
(2) The youth is enrolled in an institution that provides
postsecondary or vocational education.
(3) The youth is participating in a program or activity designed
to promote, or remove barriers to, employment.
(4) The youth is employed for at least 80 hours per month.
(5) The youth is incapable of doing any of the activities
described in paragraphs (1) to (4), inclusive, due to a medical
condition and the incapability is supported by regularly updated
information in the case plan of the child
youth .
(e) Termination of the guardianship with a kinship guardian shall
terminate eligibility for Kin-GAP unless the conditions in Section
11403 apply; provided, however, that if an alternate guardian or
coguardian is appointed pursuant to Section 366.3 who is also a
kinship guardian, the alternate or coguardian shall be entitled to
receive Kin-GAP on behalf of the child pursuant to this article. A
new period of six months of placement with the alternate guardian or
coguardian shall not be required if that alternate guardian or
coguardian has been assessed pursuant to Sections 361.3 and 361.4 and
the court terminates dependency jurisdiction.
SEC. 32. Section 11364 of the Welfare and Institutions Code is
repealed.
SEC. 33. Section 11364 is added to the Welfare and Institutions
Code, to read:
11364. (a) In order to receive payments under this article, the
county child welfare agency or probation department or Indian tribe
that entered into an agreement pursuant to Section 10553.1 shall
negotiate and enter into a written, binding, kinship guardianship
assistance agreement with the relative guardian of an eligible child,
and provide the relative guardian with a copy of the agreement.
(b) The agreement shall specify, at a minimum, all of the
following:
(1) The amount of and manner in which the kinship guardianship
assistance payment will be provided under the agreement, and the
manner in which the agreement may be adjusted periodically, but no
less frequently than every two years, in consultation with the
relative guardian, based on the circumstances of the relative
guardian and the needs of the child.
(2) Additional services and assistance for which the child and
relative guardian will be eligible under the agreement.
(3) A procedure by which the relative guardian may apply for
additional services, as needed, including the filing of a petition
under Section 388 to have dependency jurisdiction resumed pursuant to
subdivision (b) of Section 366.3.
(c) In accordance with the Kin-GAP agreement, the relative
guardian shall be paid an amount of aid based on the child's needs
otherwise covered in AFDC-FC payments and the circumstances of the
relative guardian but that shall not exceed the foster care
maintenance payment that would have been paid based on the
age-related state-approved foster family home care rate and any
applicable specialized care increment for a child placed in a
licensed or approved family home pursuant to subdivisions (a) to (d),
inclusive, of Section 11461. In addition, the rate paid for a child
eligible for a Kin-GAP payment shall include an amount equal to the
clothing allowance, as set forth in subdivision (f) of Section 11461,
including any applicable rate adjustments. For a child eligible for
a Kin-GAP payment who is a teen parent, the rate shall include the
two hundred dollar ($200) monthly payment made to the relative
caregiver in a whole family foster home pursuant to paragraph (3) of
subdivision (d) of Section 11465.
(d) The county child welfare agency or probation department or
Indian tribe that entered into an agreement pursuant to Section
10553.1 shall provide the prospective relative guardian with
information, in writing, on the availability of the Kin-GAP program
with an explanation of the difference between these benefits and
Adoption Assistance Program benefits and AFDC-FC benefits. The agency
shall also provide the prospective relative guardian with
information on the availability of mental health services through the
Medi-Cal program or other programs.
(e) The Kin-GAP agreement shall also specify the responsibility of
the relative guardian for reporting changes in the needs of the
child or the circumstances of the relative guardian that effect
payment.
(f) The county child welfare agency, probation department, or
Indian tribe, as appropriate, shall assess the needs of the child and
the circumstances of the related guardian and is responsible for
determining that the child meets the eligibility criteria for
payment.
(g) Payments on behalf of a child who is a recipient of Kin-GAP
benefits and who is also a consumer of regional center services shall
be based on the rates established by the State Department of Social
Services pursuant to Section 11464.
SEC. 34. Section 11365 of the Welfare and Institutions Code is
amended to read:
11365. State-funded Kin-GAP benefits shall be paid to
the kinship guardian on a per child basis. If the conditions in
Section 11403 or 11403.01 apply, the payment in whole or
in part may be paid to the eligible nonminor dependent
directly.
SEC. 35. Section 11366 of the Welfare and Institutions Code is
amended to read:
11366. A child who is eligible to receive Medi-Cal benefits with
no share of cost shall maintain that eligibility notwithstanding the
receipt of state-funded Kin-GAP by his or her kinship guardian.
SEC. 36. Section 11367 of the Welfare and Institutions Code is
amended to read:
11367. State-funded Kin-GAP, in an amount equal to the applicable
regional per-child CalWORKs grant, shall be paid by the state. The
supplemental clothing allowance shall be paid pursuant to paragraph
(5) of subdivision (f) of Section 11461. The balance of Kin-GAP shall
be paid in equal portions by the state and the counties.
Notwithstanding Section 11216, effective July 1, 2006, the state
share of benefits and administration of the state-funded Kin-GAP
Program shall be funded with General Fund resources.
SEC. 37. Section 11368 of the Welfare and Institutions Code is
repealed.
SEC. 38. Section 11369 of the Welfare and Institutions Code is
amended to read:
11369. (a) Notwithstanding the Administrative Procedure Act,
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, through June 30, 2010, the
department may implement the applicable provisions of the
state-funded Kin-GAP Program through all county letters or similar
instructions from the director.
(b) The director shall adopt regulations as otherwise necessary,
to implement the applicable provisions of the Kin-GAP Program no
later than July 1, 2010. Emergency regulations to implement the
applicable provisions of this act may be adopted by the director in
accordance with the Administrative Procedure Act. The initial
adoption of the emergency regulations and one readoption of the
initial regulations shall be deemed to be an emergency and necessary
for the immediate preservation of the public peace, health, safety or
general welfare. Initial emergency regulations and the first
readoption of those emergency regulations shall be exempt from review
by the Office of Administrative Law. The emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and shall
remain in effect for no more than 180 days.
SEC. 39. Section 11370 of the Welfare and Institutions Code is
repealed.
SEC. 40. Section 11371 of the Welfare and Institutions Code is
amended to read:
11371. Income to the child, including the state-funded Kin-GAP
payment, shall not be considered income to the kinship guardian for
purposes of determining the kinship guardian's eligibility for any
other aid program, unless required by federal law as a condition of
the receipt of federal financial participation.
SEC. 41. Section 11372 of the Welfare and Institutions Code is
amended to read:
11372. (a) Notwithstanding any other provision of law, the
state-funded Kinship Guardianship Assistance Payment Program
implemented under this article is exempt from the provisions of
Chapter 2 (commencing with Section 11200) of Part 3.
(b) A person who is a kinship guardian under this article, and who
has met the requirements of Section 361.4, shall be exempt from
Chapter 4.6 (commencing with Section 10830) of Part 2 governing the
statewide fingerprint imaging system. A guardian who is also an
applicant for or a recipient of benefits under the CalWORKs program,
Chapter 2 (commencing with Section 11200) of Part 3, or the Food
Stamp program, Chapter 10 (commencing with Section 18900) of Part 6
shall comply with the statewide fingerprint imaging system
requirements applicable to those programs.
(c) Any exemptions exercised pursuant to this section shall be
implemented in accordance with Section 11369.
SEC. 42. Section 11373 of the Welfare and Institutions Code is
repealed.
SEC. 43. Section 11374 of the Welfare and Institutions Code is
amended to read:
11374. (a) Each county that formally had court ordered
jurisdiction under Section 300, 601, or 602 over a child receiving
benefits under the state-funded Kin-GAP program shall be responsible
for paying the child's aid regardless of where the child actually
resides, so long as the child resides in California.
(b) Notwithstanding any other provision of law, when a child
receiving benefits under the CalWORKs program becomes eligible for
benefits under the state-funded Kin-GAP program during any month, the
child shall continue to receive benefits under the CalWORKs program,
as appropriate, to the end of that calendar month, and Kin-GAP
payments shall begin the first day of the following month.
SEC. 44. Section 11375 of the Welfare and Institutions Code is
amended to read:
11375. The following shall apply to any child or nonminor
in receipt of state-funded Kin-GAP benefits:
(a) He or she is eligible to request and receive independent
living services pursuant to Section 10609.3.
(b) He or she may retain cash savings, not to exceed ten thousand
dollars ($10,000), including interest, in addition to any other
property accumulated pursuant to Section 11257 or 11257.5.
(c) He or she shall have earned income disregarded pursuant to
Section 11008.15.
SEC. 45. Section 11376 of the Welfare and Institutions Code is
amended to read:
11376. A foster child who has become the subject of a legal
guardianship, who is receiving assistance under the Kin-GAP Program
under this article or under Article 4.7 (commencing with Section
11385), including Medi-Cal, and whose foster care court supervision
has been terminated, shall be provided medically necessary specialty
mental health services by the local mental health plan in the county
of residence of his or her legal guardian, pursuant to all of the
following:
(a) The host county mental health plan shall be responsible for
submitting the treatment authorization request (TAR) to the mental
health plan in the county of origin.
(b) The requesting public or private service provider shall
prepare the TAR.
(c) The county of origin shall retain responsibility for
authorization and reauthorization of services utilizing an expedited
TAR process.
SEC. 46. Section 11377 is added to the Welfare and Institutions
Code, to read:
11377. Effective January 1, 2010, and through December 31, 2010,
the county child welfare department or probation department, or
Indian tribe, as appropriate, at the time of the Kin-GAP annual
redetermination, shall meet with the relative guardian and the
nonfederally eligible child and enter into an agreement for
state-funded Kin-GAP as described in Section 11364.
SEC. 47. Article 4.7 (commencing with Section 11385) is added to
Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions
Code, to read:
Article 4.7. Kinship Guardianship Assistance Payments for
Children
11385. (a) Effective January 1, 2010, the State Department of
Social Services shall exercise its option under Section 671(a)(28) of
Title 42 of the United States Code to enter into kinship
guardianship assistance agreements to provide federally funded
kinship guardianship assistance payments on behalf of children to
grandparents and other relatives who have assumed legal guardianship
of the children for whom they have cared as approved relative
caregivers and for whom they have committed to care on a permanent
basis, as provided in Section 673(d) of Title 42 of the United States
Code.
(b) A kinship guardianship assistance payment made under this
article on behalf of a child shall not exceed the rate for children
placed in a licensed or approved home pursuant to Section 11461.
(c) It is the intent of the Legislature to ensure that relative
guardians of children in long-term, stable placements who previously
were receiving kinship guardianship assistance payments on behalf of
those children under Article 4.5 (commencing with Section 11360)
shall instead receive assistance under this article to the extent
that those children are otherwise eligible under Subtitle IV-E
(commencing with Section 470 of the federal Social Security Act (42
U.S.C. Sec. 670 et seq.)).
(d) It is the intent of the Legislature that no county currently
participating in the Child Welfare Demonstration Capped Allocation
Project be adversely impacted by the department's exercise of its
option under Section 671(a)(28) of Title 42 of the United States Code
to enter into kinship assistance agreements as provided in Section
673(d) of Title 42 of the United States Code. Therefore, the
department shall negotiate with the United States Department of
Health and Human Services on behalf of those counties that are
currently participating in the demonstration project to insure that
those counties receive reimbursement for these new programs outside
of the provisions of those counties' waiver under Subtitle IV-E
(commencing with Section 470 of the federal Social Security Act (42
U.S.C. Sec. 670 et seq.))..
11386. Aid shall be provided under this article on behalf of a
child under 18 years of age and to any eligible youth under 19 years
of age as provided in Section 11403 or 11403.01 , under
all of the following conditions:
(a) The child meets both of the following requirements:
(1) He or she has been removed from his or her home pursuant to a
voluntary placement agreement, or as a result of judicial
determination, including being adjudged a dependent child of the
court, pursuant to Section 300, or a ward of the court, pursuant to
Section 601 or 602, to the effect that continuation in the home would
be contrary to the welfare of the child.
(2) He or she has been eligible for federal foster care
maintenance payments under Article 5 (commencing with Section 11400)
while residing for at least six consecutive months in the approved
home of the prospective relative guardian.
(b) Being returned to the parental home or adopted are not
appropriate permanency options for the child.
(c) The child demonstrates a strong attachment to the relative
guardian, and the relative guardian has a strong commitment to caring
permanently for the child and, with respect to the child who has
attained 12 years of age, the child has been consulted regarding the
kinship guardianship arrangement.
(d) The child has had a kinship guardianship with that relative
established as the result of the implementation of a permanent plan
pursuant to Section 360 or Section 366.26.
(e) The child has had his or her dependency jurisdiction
terminated pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (e) of Section 728, concurrently
or subsequently to the establishment of the kinship guardianship.
(f) If the conditions specified in subdivisions (a) through (e),
inclusive, are met and, subsequent to the termination of dependency
jurisdiction, any parent or person having an interest files with the
juvenile court a petition pursuant to Section 388 to change, modify,
or set aside an order of the court, Kin-GAP payments shall continue
unless and until the juvenile court orders the child removed from the
home of the guardian, terminates the guardianship, or otherwise
grants the relief requested in the petition after holding a hearing.
(g) Through September 30, 2010, Kin-GAP payments shall
continue after the child's 18th birthday if the conditions specified
in Section 11403 are met. On and after October 1, 2010, Section
11403.01 shall apply to an eligible youth whose Kin-GAP aid payments
commenced before the youth attained 16 years of age. Effective
October 1, 2010, Kin-GAP payments shall continue for youths who have
attained 18 years of age and are under 21 years of age if they
attained 16 years of age before the Kin-GAP negotiated agreement
payments commenced and the youth meets one or more of the following
criteria:
(1) The youth is completing secondary education or a program
leading to an equivalent credential.
(2) The youth is enrolled in an institution which provides
postsecondary or vocational education.
(3) The youth is participating in a program or activity designed
to promote, or remove barriers to, employment.
(4) The youth is employed for at least 80 hours per month.
(5) The youth is incapable of doing any of the activities
described in paragraphs (1) through (4), inclusive, due to a medical
condition, which and that incapability
is supported by regularly updated information in the case plan of the
child youth .
Payments made to a nonminor dependent pursuant
to the conditions specified in Section 11403 or 11403.01
may be paid in whole or part to the eligible youth directly.
(h) Termination of the guardianship with a kinship guardian shall
terminate eligibility for Kin-GAP, unless the conditions of Section
11403 apply, provided, however, that if an alternate guardian or
coguardian is appointed pursuant to Section 366.3 who is also a
kinship guardian, the alternate or coguardian shall be entitled to
receive Kin-GAP on behalf of the child pursuant to this article. A
new period of six months of placement with the alternate guardian or
coguardian shall not be required if that alternate guardian or
coguardian has been assessed pursuant to Section 361.3 and Section
361.4 and the court terminates dependency jurisdiction.
11387. (a) In order to receive federal financial participation
for payments under this article, the county child welfare agency or
probation department or Indian tribe that entered into an agreement
pursuant to Section 10553.1 shall negotiate and enter into a written,
binding, kinship guardianship assistance agreement with the relative
guardian of an eligible child, and provide the relative guardian
with a copy of the agreement.
(b) The agreement shall specify, at a minimum, all of the
following:
(1) The amount of and manner in which the kinship guardianship
assistance payment will be provided under the agreement, and the
manner in which the agreement may be adjusted periodically, but no
less frequently than every two years, in consultation with the
relative guardian, based on the circumstances of the relative
guardian and the needs of the child.
(2) Additional services and assistance for which the child and
relative guardian will be eligible under the agreement.
(3) A procedure by which the relative guardian may apply for
additional services, as needed, including, but not limited to, the
filing of a petition under Section 388 to have dependency
jurisdiction resumed pursuant to subdivision (b) of Section 366.3.
(4) Subject to subdivision (d), that the county child welfare
agency or probation department or Indian tribe that entered into an
agreement pursuant to Section 10553.1 shall pay the total cost of
nonrecurring expenses associated with obtaining legal guardianship of
the child, to the extent that the total cost does not exceed two
thousand dollars ($2,000).
(c) The agreement shall provide that it shall remain in effect
regardless of the state of residency of the relative guardian.
(d) Nothing in paragraph (4) of subdivision (b) shall be construed
to affect the ability of the state to obtain reimbursement from the
federal government for the costs described in that paragraph.
(e) In accordance with the Kin-GAP agreement, the relative
guardian shall be paid an amount of aid based on the child's needs
otherwise covered in AFDC-FC payments and the circumstances of the
relative guardian but that shall not exceed the foster care
maintenance payment that would have been paid based on the
age-related state-approved foster family home care rate and any
applicable specialized care increment for a child placed in a
licensed or approved family home pursuant to subdivisions (a) to (d),
inclusive, of Section 11461. In addition, the rate paid for a child
eligible for a Kin-GAP payment shall include an amount equal to the
clothing allowance, as set forth in subdivision (f) of Section 11461,
including any applicable rate adjustments. For a child eligible for
a Kin-GAP payment who is a teen parent, the rate shall include the
two hundred dollar ($200) monthly payment made to the relative
caregiver in a whole family foster home pursuant to paragraph (3) of
subdivision (d) of Section 11465.
(f) The county child welfare agency or probation department or
Indian tribe that entered into an agreement pursuant to Section
10553.1 shall provide the prospective relative guardian with
information, in writing, on the availability of the federal Kin-GAP
program with an explanation of the difference between these benefits
and Adoption Assistance Program benefits and AFDC-FC benefits. The
agency shall also provide the prospective relative guardian with
information on the availability of mental health services through the
Medi-Cal program or other programs.
(g) The Kin-GAP agreement shall also specify the responsibility of
the relative guardian for reporting changes in the needs of the
child or the circumstances of the relative guardian that affect
payment.
(h) The county child welfare agency, probation department, or
Indian tribe, as appropriate, shall assess the needs of the child and
the circumstances of the related guardian and is responsible for
determining that the child meets the eligibility criteria for
payment.
(i) Payments on behalf of a child who is a recipient of Kin-GAP
benefits and who is also a consumer of regional center services shall
be based on the rates established by the State Department of Social
Services pursuant to Section 11464.
11388. If a federally eligible child described in Section 11386
has one or more siblings who are not so described, the child and any
sibling of the child may be placed in the same kinship guardianship
arrangement, in accordance with Section 671(a)(31) of Title 42 of the
United States Code, if the county child welfare department or
probation department or Indian tribe that entered into an agreement
pursuant to Section 10553.1 and the prospective relative guardian
agree on the appropriateness of the arrangement for the siblings.
Kinship guardianship assistance payments may be paid on behalf of
each sibling, at a per-child rate, placed in accordance with this
section.
11389. A child eligible for a Kin-GAP payment under this
article is categorically eligible for Medi-Cal at no share of cost
pursuant to Section 473(b)(3) of the federal Social Security Act (42
U.S.C. Sec. 673(b)(3)).
11390. (a) A person who is a kinship guardian under this article,
and who has met the requirements of Section 361.4, shall be exempt
from Chapter 4.6 (commencing with Section 10830) of Part 2 governing
the statewide fingerprint imaging system. A guardian who is also an
applicant for or a recipient of benefits under the CalWORKS program,
Chapter 2 (commencing with Section 11200) of Part 3, or the Food
Stamp program, Chapter 10 (commencing with Section 18900) of Part 6
shall comply with the statewide fingerprint imaging system
requirements applicable to those programs.
(b) Any exemptions exercised pursuant to this section shall be
implemented in accordance with Section 11392
11393 .
(c) Income to the child, including the Kin-GAP payment, shall not
be considered income to the kinship guardian for purposes of
determining the kinship guardian's eligibility for any other aid
program, unless required by federal law as a condition of the receipt
of federal financial participation.
(d) Each county that formally had court-ordered jurisdiction under
Section 300 or Section 601 or 602 over a child receiving benefits
under the Kin-GAP Program shall be responsible for paying the child's
aid regardless of where the child actually resides.
(e) Notwithstanding any other provision of law, when a child
receiving benefits under the AFDC-FC foster care program becomes
eligible for benefits under the Kin-GAP Program during any month, the
child shall continue to receive benefits under the AFDC-FC foster
care program, as appropriate, to the end of that calendar month, and
Kin-GAP payments shall begin the first day of the following month.
(f) All of the following shall apply to any child or nonminor
in receipt of Kin-GAP benefits:
(1) He or she is eligible to request and receive independent
living services pursuant to Section 10609.3.
(2) He or she may retain cash savings, not to exceed ten thousand
dollars ($10,000), including interest, pursuant to Section 11155.5.
(3) He or she shall have earned income disregarded pursuant to
Section 11008.15.
11391. For purposes of this article, the following definitions
shall apply:
(a) "Kinship Guardianship Assistance Payments (Kin-GAP)" means the
aid provided on behalf of children eligible for federal financial
participation under Section 671(a)(28) of Title 42 of the United
States Code in kinship care under the terms of this article.
(b) "Kinship guardian" means a person who meets both of the
following criteria:
(1) He or she has been appointed the legal guardian of a dependent
child pursuant to Section 366.26 or Section 360.
(2) He or she is a relative of the child.
(c) "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 those persons even if the marriage was terminated by
death or dissolution.
(d) "Sibling" means a child related to the identified eligible
child by blood, adoption or affinity through a common legal or
biological parent.
11392. For purposes of eligibility under this article, children
who are currently receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) and who were determined eligible
under Subtitle IV-E (commencing with Section 470 of the federal
Social Security Act (42 U.S.C. Sec. 670 et seq.)) as dependent
children of the juvenile court placed in foster care with an approved
relative and who remain under the court's jurisdiction pursuant to
Section 366.4 shall be deemed to meet the eligibility criteria as
described in Section 673(d) of Title 42 of the United States Code.
Effective January 1, 2010, and through December 31, 2010, the county
child welfare department, parole probation
department, or Indian tribe, as appropriate, at the time of
each Subtitle IV-E eligible child's Kin-GAP annual redetermination,
shall meet with the relative guardian and child and enter into the
negotiated agreement as described in Section 11387.
11393. (a) Notwithstanding the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code) through June 30, 2010, the
department may implement the applicable provisions of the federally
funded Kin-GAP Program through all-county letters or similar
instructions from the director.
(b) The department shall develop both the all county letter
instructions and regulations in consultation with concerned
stakeholders, including, but not limited to, the County Welfare
Directors Association, the Chief Probation Officers of California,
representatives of California Indian tribes, the California Youth
Connection, former foster youth, child advocacy organizations ,
labor organizations , foster caregiver
organizations, and researchers.
(c) The director shall adopt regulations as otherwise necessary,
to implement the applicable provisions of the federally funded
Kin-GAP Program no later than July 1, 2010. Emergency regulations to
implement the applicable provisions of this act may be adopted by the
director in accordance with the Administrative Procedure Act. The
initial adoption of the emergency regulations and one readoption of
the initial regulations shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health,
safety, or general welfare. Initial emergency regulations and the
first readoption of those emergency regulations shall be exempt from
review by the Office of Administrative Law. The emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State and shall
remain in effect for no more than 180 days.
SEC. 48. Section 11400 of the Welfare and Institutions Code is
amended to read:
11400. For the purposes of this article, the following
definitions shall apply:
(a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)"
means the aid provided on behalf of needy children in foster care
under the terms of this division.
(b) "Case plan" means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet the
child's needs. It shall also include the agency's plan for ensuring
that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child's family, and the foster parents, in
order to meet the child's needs while in foster care, and to reunify
the child with the child's family. In addition, the plan shall
specify the services that will be provided or steps that will be
taken to facilitate an alternate permanent plan if reunification is
not possible.
(c) "Certified family home" means a family residence certified by
a licensed foster family agency and issued a certificate of approval
by that agency as meeting licensing standards, and used only by that
foster family agency for placements.
(d) "Family home" means the family residency of a licensee in
which 24-hour care and supervision are provided for children.
(e) "Small family home" means any residential facility, in the
licensee's family residence, which provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities.
(f) "Foster care" means the 24-hour out-of-home care provided to
children whose own families are unable or unwilling to care for them,
and who are in need of temporary or long-term substitute parenting.
(g) "Foster family agency" means any individual or organization
engaged in the recruiting, certifying, and training of, and providing
professional support to, foster parents, or in finding homes or
other places for placement of children for temporary or permanent
care who require that level of care as an alternative to a group
home. Private foster family agencies shall be organized and operated
on a nonprofit basis.
(h) "Group home" means a nondetention privately operated
residential home, organized and operated on a nonprofit basis only,
of any capacity, or a nondetention licensed residential care home
operated by the County of San Mateo with a capacity of up to 25 beds,
that provides services in a group setting to children in need of
care and supervision, as required by paragraph (1) of subdivision (a)
of Section 1502 of the Health and Safety Code.
(i) "Periodic review" means review of a child's status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child's return home
or establishment of alternative permanent placement.
(j) "Permanency planning hearing" means a hearing conducted by the
juvenile court in which the child's future status, including whether
the child shall be returned home or another permanent plan shall be
developed, is determined.
(k) "Placement and care" refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken
responsibility, pursuant to a relinquishment or termination of
parental rights on a child, (3) taken the responsibility of
supervising a child detained by the juvenile court pursuant to
Section 319 or 636, or (4) signed a voluntary placement agreement for
the child's placement; or to the responsibility designated to an
individual by virtue of his or her being appointed the child's legal
guardian.
(l) "Preplacement preventive services" means services that are
designed to help children remain with their families by preventing or
eliminating the need for removal.
(m) "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.
(n) "Nonrelative extended family member" means an adult caregiver
who has an established familial or mentoring relationship with the
child, as described in Section 362.7.
(o) "Voluntary placement" means an out-of-home placement of a
child by (1) the county welfare department, probation department, or
Indian tribe that has entered into an agreement pursuant to Section
10553.1, after the parents or guardians have requested the assistance
of the county welfare department and have signed a voluntary
placement agreement; or (2) the county welfare department licensed
public or private adoption agency, or the department acting as an
adoption agency, after the parents have requested the assistance of
either the county welfare department, the licensed public or private
adoption agency, or the department acting as an adoption agency for
the purpose of adoption planning, and have signed a voluntary
placement agreement.
(p) "Voluntary placement agreement" means a written agreement
between either the county welfare department, probation department,
or Indian tribe that has entered into an agreement pursuant to
Section 10553.1, licensed public or private adoption agency, or the
department acting as an adoption agency, and the parents or guardians
of a child that specifies, at a minimum, the following:
(1) The legal status of the child.
(2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.
(q) "Original placement date" means the most recent date on which
the court detained a child and ordered an agency to be responsible
for supervising the child or the date on which an agency assumed
responsibility for a child due to termination of parental rights,
relinquishment, or voluntary placement.
(r) "Transitional housing placement facility" means either of the
following:
(1) A community care facility licensed by the State Department of
Social Services pursuant to Section 1559.110 of the Health and Safety
Code to provide transitional housing opportunities to persons at
least 16 years of age, and not more than 18 years of age unless they
satisfy the requirements of Section 11403, who are in out-of-home
placement under the supervision of the county department of social
services or the county probation department, and who are
participating in an independent living program.
(2) A facility certified to provide transitional housing services
pursuant to subdivision (e) of Section 1559.110 of the Health and
Safety Code.
(s) "Transitional housing placement program" means a program that
provides supervised housing opportunities to eligible youth and
nonminor dependents pursuant to Article 4 (commencing with Section
16522) of Chapter 5 of Part 4.
(t) "Whole family foster home" means a new or existing family
home, approved relative caregiver or nonrelative extended family
member's home, the home of a nonrelated legal guardian whose
guardianship was established pursuant to Section 366.26 or 360,
certified family home that provides foster care for a minor or
nonminor dependent parent and his or her child, and is specifically
recruited and trained to assist the minor or nonminor dependent
parent in developing the skills necessary to provide a safe, stable,
and permanent home for his or her child. The child of the minor or
nonminor dependent parent need not be the subject of a petition filed
pursuant to Section 300 to qualify for placement in a whole family
foster home.
(u) "Mutual agreement" means an agreement between a nonminor
dependent and the agency responsible for the foster care placement.
(v) "Nonminor dependent" means a current or former dependent child
or ward of the juvenile court who satisfies all of the following
criteria:
(1) He or she has attained 18 years of age but is less than 21
years of age.
(2) He or she is in foster care under the responsibility of the
county welfare department, county probation department, or Indian
tribe that entered into an agreement pursuant to Section 10553.1.
(3) He or she is participating in a transitional independent
living case plan pursuant to Section 475(8) of the federal Social
Security Act (42 U.S.C. Sec. 675(8)), as contained in the Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351).
(w) "Supervised independent living setting" means a supervised
setting, as specified in a nonminor dependent's transitional
independent living case plan, in which the youth is living
independently, pursuant to Section 472(c)(2) of the Social Security
Act (42 U.S.C. Sec. 672(c)(2)).
SEC. 49. Section 11401 of the Welfare and Institutions Code is
amended to read:
11401. Aid in the form of AFDC-FC shall be provided under this
chapter on behalf of any child under the age of 18 years, and to any
nonminor dependent as provided in Section 11403, who meets the
conditions of subdivision (a), (b), (c), (d), (e), (f),(g), or (h):
(a) The child has been relinquished, for purposes of adoption, to
a licensed adoption agency, or the department, or the parental rights
of either or both of his or her parents have been terminated after
an action under the Family Code has been brought by a licensed
adoption agency or the department, provided that the licensed
adoption agency or the department, if responsible for placement and
care, provides to those children all services as required by the
department to children in foster care.
(b) The child has been removed from the physical custody of his or
her parent, relative, or guardian as a result of a voluntary
placement agreement or a judicial determination that continuance in
the home would be contrary to the child's welfare and that, if the
child was placed in foster care, reasonable efforts were made,
consistent with Chapter 5 (commencing with Section 16500) of Part 4,
to prevent or eliminate the need for removal of the child from his or
her home and to make it possible for the child to return to his or
her home, and any of the following applies:
(1) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
(2) The child has been adjudged a ward of the court on the grounds
that he or she is a person described by Sections 601 and 602.
(3) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
(4) The child's dependency jurisdiction has resumed pursuant to
Section 387 or subdivision (a) or (e) of Section 388.
(c) The child has been voluntarily placed by his or her parent or
guardian pursuant to Section 11401.1.
(d) The child is living in the home of a nonrelated legal
guardian.
(e) The child is a nonminor dependent who is placed pursuant to
Section 11403 under the responsibility of the county welfare
department, an Indian tribe that entered into an agreement pursuant
to Section 10553.1, or the county probation department.
(f) The child has been placed in foster care under the federal
Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not
be construed as limiting payments to Indian children, as defined in
the federal Indian Child Welfare Act, placed in accordance with that
act.
(g) To be eligible for federal financial participation, any of the
following conditions shall be satisfied:
(1) (A) The child meets the conditions of subdivision (b).
(B) The child has been deprived of parental support or care for
any of the reasons set forth in Section 11250.
(C) The child has been removed from the home of a relative as
defined in Section 233.90(c)(1) of Title 45 of the Code of Federal
Regulations, as amended.
(D) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
(2) (A) The child meets the requirements of subdivision (h).
(B) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
(C) This paragraph shall be implemented only if federal financial
participation is available for the children described in this
paragraph.
(3) With respect to a nonminor dependent, in addition to meeting
the conditions specified in paragraph (1), the requirements of
Section 675(8)(B) of Title 42 of the United States Code have also
been met.
(h) The child meets all of the following conditions:
(1) The child has been adjudged to be a dependent child or ward of
the court on the grounds that he or she is a person described in
Section 300.
(2) The child's parent also has been adjudged to be a dependent
child or nonminor dependent of the court on the grounds that he or
she is a person described by Section 300 or Section 602 and is
receiving benefits under this chapter.
(3) The child is placed in the same licensed or approved foster
care facility in which his or her parent is placed and the child's
parent is receiving reunification services with respect to that
child.
SEC. 50. Section 11401.05 is added to the Welfare and Institutions
Code, to read:
11401.05. The department shall amend the foster care state plan
required under Subtitle IV-E (commencing with Section 470 of the
federal Social Security Act (42 U.S.C. Sec. 670 et seq.)), to extend
benefits under this article, commencing October 1, 2010, to an
individual who is in foster care under the responsibility of the
state, or with respect to whom an adoption assistance agreement or a
kinship guardianship assistance agreement is in effect, in accordance
with the federal Fostering Connections to Success and Increasing
Adoptions Act of 2008 (Public Law 110-351).
SEC. 51. Section 11401.4 of the Welfare and Institutions Code is
amended to read:
11401.4. A child living with his or her parent who is a minor or
a nonminor dependent and a recipient of AFDC-FC benefits shall be
deemed a child with respect to whom AFDC-FC payments are made.
SEC. 52. Section 11401.5 of the Welfare and Institutions Code is
amended to read:
11401.5. (a) The county shall redetermine AFDC-FC eligibility
annually and no less than required under federal law. This shall
include an examination of any circumstances of a foster child that
are subject to change and could effect the child's potential
eligibility, including, but not limited to, deprivation, financial
need, authority for placement, eligible facility, and age.
(b) At the time of the redetermination, the parent or legal
guardian from whom the child was removed shall complete a statement
of facts supporting continued eligibility. If the parent or legal
guardian is unavailable or uncooperative, the county shall complete
the statement of facts on the child's behalf.
(c) In the case of a nonminor dependent who is placed pursuant to
a mutual agreement, the nonminor dependent shall complete a statement
of facts supporting continued eligibility.
SEC. 53. Section 11402 of the Welfare and Institutions Code, as
amended by Section 7 of Chapter 288 of the Statutes of 2007, is
amended to read:
11402. In order to be eligible for AFDC-FC, a child shall be
placed in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The licensed family home of a nonrelative.
(2) The approved home of a nonrelative extended family member as
described in Section 362.7.
(c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
(d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(e) An exclusive-use home.
(f) A licensed transitional housing placement facility, as
described in Section 1559.110 of the Health and Safety Code, and as
defined in Section 11400.
(g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
(h) A licensed crisis nursery, as described in Section 1516 of the
Health and Safety Code, and as defined in subdivision (a) of Section
11400.1.
(i) A supervised independent living setting for nonminor
dependents, as defined in Section 11400.
(j) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2011, deletes or extends that date.
SEC. 54. Section 11402 of the Welfare and Institutions Code, as
amended by Section 8 of Chapter 288 of the Statutes of 2007, is
amended to read:
11402. In order to be eligible for AFDC-FC, a child shall be
placed in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The licensed family home of a nonrelative.
(2) The approved home of a nonrelative extended family member as
described in Section 362.7.
(c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
(d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(e) An exclusive-use home.
(f) A licensed transitional housing placement facility as
described in Section 1559.110 of the Health and Safety Code and as
defined in Section 11400.
(g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
(h) A supervised independent living setting for nonminor
dependents, as defined in Section 11400.
(i) This section shall become operative on July 1, 2011.
SEC. 55. Section 11403 of the Welfare and Institutions Code is
amended to read:
11403. (a) A child who is in foster care and receiving aid
pursuant to this chapter and who is attending high school or the
equivalent level of vocational or technical training on a full-time
basis, or who is in the process of pursuing a high school equivalency
certificate, prior to his or her 18th birthday, may continue to
receive aid following his or her 18th birthday so long as the child
continues to reside in foster care placement, remains otherwise
eligible for AFDC-FC payments, and continues to attend high school or
the equivalent level of vocational or technical training on a
full-time basis, or continues to pursue a high school equivalency
certificate, and the child may reasonably be expected to complete the
educational or training program or to receive a high school
equivalency certificate, before his or her 19th birthday. Aid shall
be provided to an individual pursuant to this section provided both
the individual and the agency responsible for the foster care
placement have signed a mutual agreement, if the individual is
capable of making an informed agreement, which documents the
continued need for out-of-home placement.
(b) This section shall remain in effect only until October 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before October 1, 2010, deletes or extends
that date.
SEC. 56. Section 11403 is added to the Welfare and Institutions
Code, to read:
11403. (a) It is the intent of the Legislature to exercise the
option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)),
and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the Social
Security Act, as contained in the Fostering Connections to Success
and Increasing Adoptions Act of 2008 (Public Law 110-351), to receive
federal financial participation for current or former dependent
children or wards of the juvenile court who meet the conditions of
subdivision (b). These nonminor dependents shall be eligible to
receive support up to 21 years of age, consistent with their
transitional independent living case plan.
(b) A nonminor dependent receiving aid pursuant to this chapter
shall continue to receive aid so long as the nonminor is otherwise
eligible for AFDC-FC payments pursuant to Section 11401 or
CalWORKs payments pursuant to Section 11253 or aid pursuant to
Kin-GAP under Article 4.5 (commencing with Section 11360) or Article
4.7 (commencing with Section 11385) or adoption assistance payments
as specified in Chapter 2.1 (commencing with Section 16115) of Part
4. A nonminor former dependent child of the juvenile court who
is receiving AFDC-FC benefits pursuant to Section 11405 shall be
eligible to continue to receive aid up to 21 years of age, as long as
the nonminor is otherwise eligible for AFDC-FC benefits under this
subdivision. This subdivision shall apply when one or more of
the following conditions exist:
(1) The nonminor is completing secondary education or a program
leading to an equivalent credential.
(2) The nonminor is enrolled in an institution which provides
postsecondary or vocational education.
(3) The nonminor is participating in a program or activity
designed to promote, or remove barriers to employment.
(4) The nonminor is employed for at least 80 hours per month.
(5) The nonminor is incapable of doing any of the activities
described in subparagraphs (1) to (4), inclusive, due to a medical
condition, and that incapability is supported by regularly updated
information in the case plan of the nonminor.
(c) The county child welfare or probation department or Indian
tribe that has entered into an agreement pursuant to Section 10553.1,
shall actively assist a nonminor dependent who is in foster care on
his or her 18th birthday to meet one or more of the conditions
described in subparagraphs (1) to (5), inclusive, of subdivision (b)
and shall certify the nonminor's applicable condition to the
eligibility worker. The nonminor dependent shall be presumed to
continuously meet one or more of the conditions described in
subparagraphs (1) to (5), inclusive, of subdivision (b) unless and
until the social worker or probation officer documents to the court
that the nonminor dependent does not meet at least one of the
conditions. In no case shall aid under this section be terminated
unless the court terminates dependency jurisdiction over the nonminor
pursuant to Section 391. The nonminor dependent shall be afforded
all due process requirements in accordance with state and federal law
prior to an involuntary termination of aid. Any notices of action
regarding eligibility shall be sent to the nonminor dependent and his
or her counsel, in addition to any other payee.
(d) A nonminor dependent may receive all or a portion of the
payment directly provided that both the youth and the agency
responsible for the foster care placement have signed a mutual
agreement, if the youth is capable of making an informed agreement,
which documents the continued need for out-of-home placement.
(e) Eligibility for aid under this section shall not terminate
until the nonminor attains 21 years of age but aid may be suspended
and resumed at request of the nonminor pursuant to subdivision (e) of
Section 388 or after a court terminates dependency jurisdiction
pursuant to Section 391. The county welfare department, tribe, or
county probation department shall provide a nonminor dependent who
wishes to continue receiving aid with the assistance necessary to
meet and maintain eligibility.
(f) (1) The county having jurisdiction of the nonminor dependent
shall remain the county of payment under this section regardless of
the youth's physical residence. Counties may develop courtesy
supervision agreements to provide case management and independent
living services by the county of residence pursuant to the youth's
transitional independent living case plan. Placements made out of
state are subject to the requirements of the Interstate Compact on
Juveniles pursuant to Chapter 4 (commencing with Section 1300) of
Part 1 of Division 2.
(2) The county welfare department, tribe, or county probation
department shall notify all foster youth who attain 16 years of age
and are under the jurisdiction of that county or tribe, including
those receiving Kin-GAP, and AAP, of the existence of the aid
prescribed by this section.
(3) Aid under this section shall be paid on the first of the month
for that month. Notwithstanding any other provision of law, when a
child attains 18 years of age those payments shall continue to the
end of that calendar month and the AFDC-FC, Kin-GAP, or AAP payments
under this section shall begin the first day of the following month.
(4) The department shall seek any waiver to amend its Title IV-E
State Plan with the Secretary of the United States Department of
Health and Human Services necessary to implement this section.
(g) The department, on or before July 1, 2011, shall develop
regulations to implement this section in consultation with concerned
stakeholders, including, but not limited to, representatives of the
Legislature, the County Welfare Directors Association, the Chief
Probation Officers of California, the Judicial Council,
representatives of Indian tribes, the California Youth Connection,
former foster youth, child advocacy organizations , labor
organizations , foster caregiver organizations, and
researchers. The department, in its consultation, shall take into
consideration the impact to the Automated Child Welfare Services Case
Management Services (CWS-CMS) and required modifications needed to
accommodate eligibility determination under this section, benefit
issuance, case management across counties, and recognition of the
legal status of nonminor dependents as adults, as well as changes to
data tracking and reporting requirements as required by the Child
Welfare System Improvement and Accountability Act as specified in
Section 10601.2, and federal outcome measures as required by the John
H. Chafee Foster Care Independence Program (42 U.S.C. Sec. 677(f)).
In addition, the department, in its consultation, shall define the
supervised independent living setting which shall include, but not be
limited to, apartment living, room and board arrangements, college
or university dormitories, and shared roommate settings, and define
how those settings meet health and safety standards suitable for
nonminors.
(h) Notwithstanding the Administrative Procedure Act, Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, the department shall prepare for implementation
of the applicable provisions of this section by publishing, after
consultation with the stakeholders listed in subdivision (f),
all-county letters or similar instructions from the director by July
1, 2010, to apply from October 1, 2010, to June 30, 2011, inclusive.
Emergency regulations to implement the applicable provisions of this
act may be adopted by the director in accordance with the
Administrative Procedure Act. The initial adoption of the emergency
regulations and one readoption of the emergency regulations shall be
deemed to be an emergency and necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
Initial emergency regulations and the first readoption of those
emergency regulations shall be exempt from review by the Office of
Administrative Law. The emergency regulations authorized by this
section shall be submitted to the Office of Administrative Law for
filing with the Secretary of State and shall remain in effect for no
more than 180 days.
(i) This section shall become operative on October 1, 2010.
SEC. 56.5. Section 11403.01 is added to the
Welfare and Institutions Code , to read:
11403.01. On and after October 1, 2010, a nonminor who is
receiving Kin-GAP benefits under Article 4.5 (commencing with Section
11360) or Article 4.7 (commencing with Section 11385) and whose
Kin-GAP payments began prior to the child's 16th birthday, or a
nonminor adjudicated under Section 602 who remains in a foster care
placement, and is receiving aid pursuant to this chapter and who is
attending high school or the equivalent level of vocational or
technical training on a full-time basis, or who is in the process of
pursuing a high school equivalency certificate, prior to his or her
18th birthday, may continue to receive aid following his or her 18th
birthday so long as the child continues to reside in foster care
placement, remains otherwise eligible for AFDC-FC payments, and
continues to attend high school or the equivalent level of vocational
or technical training on a full-time basis, or continues to pursue a
high school equivalency certificate, and the child may reasonably be
expected to complete the educational or training program or to
receive a high school equivalency certificate, before his or her 19th
birthday. Aid shall be provided to an individual pursuant to this
section provided that both the individual and the agency responsible
for the foster care placement have signed a mutual agreement, if the
individual is capable of making an informed agreement, documenting
the continued need for out-of-home placement.
SEC. 57. Section 11403.2 of the Welfare and Institutions Code is
amended to read:
11403.2. (a) The following persons shall be eligible for
transitional housing placement program services provided pursuant to
Article 4 (commencing with Section 16522) of Chapter 5 of Part 4:
(1) Any minor at least 16 years of age and not more than 18 years
of age, and, on or after October 1, 2010, any nonminor dependent who
is less than 21 years of age, who is eligible for AFDC-FC benefits as
provided in Section 11403, and who also meets the requirements in
Section 16522.2.
(2) Any person less than 24 years of age who has emancipated from
a county that has elected to participate in a transitional housing
placement program for youths who are at least 18 years of age and
under 24 years of age, as described in subdivision (r) of Section
11400, provided he or she has not received services under this
paragraph for more than a total of 24 months, whether or not
consecutive. If the person participating in a transitional housing
placement program is not receiving aid under Section 11403.1, he or
she, as a condition of participation, shall enter into, and execute
the provisions of, a transitional independent living plan that shall
be mutually agreed upon, and annually reviewed, by the emancipated
foster youth and the county welfare or probation department or
independent living program coordinator. The youth participating under
this paragraph shall inform the county of any changes to conditions
specified in the agreed-upon plan that affect eligibility, including
changes in address, living circumstances, and the educational or
training program.
(b) Payment on behalf of an eligible person receiving transitional
housing services shall be made to the transitional housing placement
program pursuant to the conditions and limitations set forth in
Section 11403.3.
(c) On and after October 1, 2010, with respect to nonminor
dependents under 21 years of age, the licensing standards for these
legal adults placed in the transitional housing placement program
shall be in accordance with Section 1502.7 of the Health and Safety
Code.
SEC. 57.5. Section 11405 of the Welfare
and Institutions Code is amended to read:
11405. (a) AFDC-FC benefits shall be paid to an
otherwise eligible child living with a nonrelated legal guardian,
provided that the legal guardian cooperates with the county welfare
department in all of the following:
(1) Developing a written assessment of the child's needs.
(2) Updating the assessment no less frequently than once every six
months.
(3) Carrying out the case plan developed by the county.
(b) When AFDC-FC is applied for on behalf of a child living with a
nonrelated legal guardian the county welfare department shall do all
of the following:
(1) Develop a written assessment of the child's needs.
(2) Update those assessments no less frequently than once every
six months.
(3) Develop a case plan that specifies how the problems identified
in the assessment are to be addressed.
(4) Make visits to the child as often as appropriate, but in no
event less often than once every six months.
(c) Where the child is a parent and has a child living with him or
her in the same eligible facility, the assessment required by
paragraph (1) of subdivision (a) shall include the needs of his or
her child.
(d) Nonrelated legal guardians of eligible children who are in
receipt of AFDC-FC payments described in this section shall be exempt
from the requirement to register with the Statewide Registry of
Private Professional Guardians pursuant to Sections 2850 and 2851 of
the Probate Code.
(e) On and after October 1, 2010, a nonminor youth whose
nonrelated guardianship was ordered in juvenile court pursuant to
Section 360 or 366.26, and whose dependency was dismissed, shall
remain eligible for AFDC-FC benefits until the youth attains 21 years
of age, provided that the youth enters into a mutual agreement with
the agency responsible for his or her guardianship, and the youth is
meeting the conditions of eligibility, as described in Section 11403.
SEC. 58. Section 11450 of the Welfare and Institutions Code is
amended to read:
11450. (a) (1) Aid shall be paid for each needy family, which
shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family's income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, averaged for the prospective quarter pursuant to Sections
11265.2 and 11265.3, and then calculated pursuant to Section 11451.5,
shall be deducted from the sum specified in the following table, as
adjusted for cost-of-living increases pursuant to Section 11453 and
paragraph (2). In no case shall the amount of aid paid for each month
exceed the sum specified in the following table, as adjusted for
cost-of-living increases pursuant to Section 11453 and paragraph (2),
plus any special needs, as specified in subdivisions (c), (e), and
(f):
Number
of
eligible
needy
persons
in Maximum
the same home aid
1.............................. $ 326
2.............................. 535
3.............................. 663
4.............................. 788
5.............................. 899
6.............................. 1,010
7.............................. 1,109
8.............................. 1,209
9.............................. 1,306
10 or more...................... 1,403
If, when, and during those times that the United States government
increases or decreases its contributions in assistance of needy
children in this state above or below the amount paid on July 1,
1972, the amounts specified in the above table shall be increased or
decreased by an amount equal to that increase or decrease by the
United States government, provided that no increase or decrease shall
be subject to subsequent adjustment pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted for
cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95,
1995-96, 1996-97, and 1997-98 fiscal years, and through October 31,
1998, nor shall that amount be included in the base for calculating
any cost-of-living increases for any fiscal year thereafter.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(b) When the family does not include a needy child qualified for
aid under this chapter, aid shall be paid to a pregnant mother for
the month in which the birth is anticipated and for the three-month
period immediately prior to the month in which the birth is
anticipated in the amount that would otherwise be paid to one person,
as specified in subdivision (a), if the mother, and child, if born,
would have qualified for aid under this chapter. Verification of
pregnancy shall be required as a condition of eligibility for aid
under this subdivision. Aid shall also be paid to a pregnant woman
with no other children in the amount which would otherwise be paid to
one person under subdivision (a) at any time after verification of
pregnancy if the pregnant woman is also eligible for the Cal-Learn
Program described in Article 3.5 (commencing with Section 11331) and
if the mother, and child, if born, would have qualified for aid under
this chapter.
(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant mothers qualified for aid under subdivision (a) or
(b) to meet special needs resulting from pregnancy if the mother, and
child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants and
Children program. If that payment to pregnant mothers qualified for
aid under subdivision (a) is considered income under federal law in
the first five months of pregnancy, payments under this subdivision
shall not apply to persons eligible under subdivision (a), except for
the month in which birth is anticipated and for the three-month
period immediately prior to the month in which delivery is
anticipated, if the mother, and the child, if born, would have
qualified for aid under this chapter.
(d) For children receiving AFDC-FC under this chapter, there shall
be paid, exclusive of any amount considered exempt as income, an
amount of aid each month which, when added to the child's income, is
equal to the rate specified in Section 11460, 11461, 11462, 11462.1,
or 11463. In addition, the child shall be eligible for special needs,
as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a) and
Section 11453.1, a family shall be entitled to receive an allowance
for recurring special needs not common to a majority of recipients.
These recurring special needs shall include, but not be limited to,
special diets upon the recommendation of a physician for
circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping services, telephone, and
utilities. The recurring special needs allowance for each family per
month shall not exceed that amount resulting from multiplying the sum
of ten dollars ($10) by the number of recipients in the family who
are eligible for assistance.
(f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100), with
the exception of funds deposited in a restricted account described in
subdivision (a) of Section 11155.2, the family shall also be
entitled to receive an allowance for nonrecurring special needs.
(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for emergency
housing needs other than those needs addressed by paragraph (2).
These needs shall be caused by sudden and unusual circumstances
beyond the control of the needy family. The department shall
establish the allowance for each of the nonrecurring special need
items. The sum of all nonrecurring special needs provided by this
subdivision shall not exceed six hundred dollars ($600) per event.
(2) Homeless assistance is available to a homeless family seeking
shelter when the family is eligible for aid under this chapter.
Homeless assistance for temporary shelter is also available to
homeless families which are apparently eligible for aid under this
chapter. Apparent eligibility exists when evidence presented by the
applicant, or which is otherwise available to the county welfare
department, and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. However, an alien
applicant who does not provide verification of his or her eligible
alien status, or a woman with no eligible children who does not
provide medical verification of pregnancy, is not apparently eligible
for purposes of this section.
A family is considered homeless, for the purpose of this section,
when the family lacks a fixed and regular nighttime residence; or the
family has a primary nighttime residence that is a supervised
publicly or privately operated shelter designed to provide temporary
living accommodations; or the family is residing in a public or
private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings. A family is also considered
homeless for the purpose of this section if the family has received a
notice to pay rent or quit. The family shall demonstrate that the
eviction is the result of a verified financial hardship as a result
of extraordinary circumstances beyond their control, and not other
lease or rental violations, and that the family is experiencing a
financial crisis that could result in homelessness if preventative
assistance is not provided.
(A) (i) A nonrecurring special need of sixty-five dollars ($65) a
day shall be available to families of up to four members for the
costs of temporary shelter, subject to the requirements of this
paragraph. The fifth and additional members of the family shall each
receive fifteen dollars ($15) per day, up to a daily maximum of one
hundred twenty-five dollars ($125). County welfare departments may
increase the daily amount available for temporary shelter as
necessary to secure the additional bedspace needed by the family.
(ii) This special need shall be granted or denied immediately upon
the family's application for homeless assistance, and benefits shall
be available for up to three working days. The county welfare
department shall verify the family's homelessness within the first
three working days and if the family meets the criteria of
questionable homelessness established by the department, the county
welfare department shall refer the family to its early fraud
prevention and detection unit, if the county has such a unit, for
assistance in the verification of homelessness within this period.
(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing which
shall be documented on a housing search form; good cause; or other
circumstances defined by the department. Documentation of a housing
search shall be required for the initial extension of benefits beyond
the three-day limit and on a weekly basis thereafter as long as the
family is receiving temporary shelter benefits. Good cause shall
include, but is not limited to, situations in which the county
welfare department has determined that the family, to the extent it
is capable, has made a good faith but unsuccessful effort to secure
permanent housing while receiving temporary shelter benefits.
(B) A nonrecurring special need for permanent housing assistance
is available to pay for last month's rent and security deposits when
these payments are reasonable conditions of securing a residence, or
to pay for up to two months of rent arrearages, when these payments
are a reasonable condition of preventing eviction.
The last month's rent or monthly arrearage portion of the payment
(i) shall not exceed 80 percent of the family's total monthly
household income without the value of food stamps or special needs
for a family of that size and (ii) shall only be made to families
that have found permanent housing costing no more than 80 percent of
the family's total monthly household income without the value of food
stamps or special needs for a family of that size.
However, if the county welfare department determines that a family
intends to reside with individuals who will be sharing housing
costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in clause (ii) of
the preceding paragraph.
(C) The nonrecurring special need for permanent housing assistance
is also available to cover the standard costs of deposits for
utilities which are necessary for the health and safety of the
family.
(D) A payment for or denial of permanent housing assistance shall
be issued no later than one working day from the time that a family
presents evidence of the availability of permanent housing. If an
applicant family provides evidence of the availability of permanent
housing before the county welfare department has established
eligibility for aid under this chapter, the county welfare department
shall complete the eligibility determination so that the denial of
or payment for permanent housing assistance is issued within one
working day from the submission of evidence of the availability of
permanent housing, unless the family has failed to provide all of the
verification necessary to establish eligibility for aid under this
chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this
paragraph shall be limited to one period of up to 16 consecutive
calendar days of temporary assistance and one payment of permanent
assistance. Any family that includes a parent or nonparent caretaker
relative living in the home who has previously received temporary or
permanent homeless assistance at any time on behalf of an eligible
child shall not be eligible for further homeless assistance. Any
person who applies for homeless assistance benefits shall be informed
that the temporary shelter benefit of up to 16 consecutive days is
available only once in a lifetime, with certain exceptions, and that
a break in the consecutive use of the benefit constitutes permanent
exhaustion of the temporary benefit.
(ii) A family that becomes homeless as a direct and primary result
of a state or federally declared natural disaster shall be eligible
for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of domestic
violence by a spouse, partner, or roommate; physical or mental
illness that is medically verified that shall not include a diagnosis
of alcoholism, drug addiction, or psychological stress; or, the
uninhabitability of the former residence caused by sudden and unusual
circumstances beyond the control of the family including natural
catastrophe, fire, or condemnation. These circumstances shall be
verified by a third-party governmental or private health and human
services agency, except that domestic violence may also be verified
by a sworn statement by the victim, as provided under Section
11495.25. Homeless assistance payments based on these specific
circumstances may not be received more often than once in any
12-month period. In addition, if the domestic violence is verified by
a sworn statement by the victim, the homeless assistance payments
shall be limited to two periods of not more than 16 consecutive
calendar days of temporary assistance and two payments of permanent
assistance. A county may require that a recipient of homeless
assistance benefits who qualifies under this paragraph for a second
time in a 24-month period participate in a homelessness avoidance
case plan as a condition of eligibility for homeless assistance
benefits. The county welfare department shall immediately inform
recipients who verify domestic violence by a sworn statement pursuant
to clause (iii) of the availability of domestic violence counseling
and services, and refer those recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.
(vi) The county welfare department shall report to the department
through a statewide homeless assistance payment indicator system,
necessary data, as requested by the department, regarding all
recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities
participating in the costs of the AFDC program, have the right in
their share to any refunds resulting from payment of the permanent
housing. However, if an emergency requires the family to move within
the 12-month period specified in subparagraph (E), the family shall
be allowed to use any refunds received from its deposits to meet the
costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
(H) The daily amount for the temporary shelter special need for
homeless assistance may be increased if authorized by the current
year's Budget Act by specifying a different daily allowance and
appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless the
provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
(g) The department shall establish rules and regulations ensuring
the uniform application statewide of this subdivision.
(h) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits are
available and shall provide an opportunity for recipients to apply
for the funds quickly and efficiently.
(i) Except for the purposes of Section 15200, the amounts payable
to recipients pursuant to Section 11453.1 shall not constitute part
of the payment schedule set forth in subdivision (a).
The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which, when
added to the child's income, is equal to the rate specified in
Sections 11364 and 11387.
SEC. 59. Section 11450.16 of the Welfare and Institutions Code is
amended to read:
11450.16. (a) For purposes of determining eligibility under this
chapter, and for computing the amount of aid payment under Section
11450, families shall be grouped into assistance units.
(b) Every assistance unit shall include at least one of the
following persons:
(1) One of each of the following:
(A) An eligible child.
(B) The caretaker relative of an otherwise eligible child who is
not receiving aid under Section 11250 because that child is receiving
benefits under Title XVI of the Social Security Act (Subchapter 16
(commencing with Section 1381), of Chapter 7 of Title 42 of the
United States Code), or Kin-GAP payments under Section 11364 or
11387, or foster care payments under Section 11461.
(2) A pregnant woman who is eligible for payments under
subdivision (c) of Section 11450.
(c) Every assistance unit shall, in addition to the requirements
of subdivision (b), include the eligible parents of the eligible
child and the eligible siblings, including half-siblings, of the
eligible child when those persons reside in the same home as the
eligible child. This subdivision shall not apply to any convicted
offender who is permitted to reside at the home of the eligible child
as part of a court-imposed sentence and who is considered an absent
parent under Section 11250.
(d) An assistance unit may, at the option of the family comprising
the assistance unit, also include the nonparent caretaker relative
of the eligible child, the spouse of the parent of the eligible
child, otherwise eligible nonsibling children in the care of the
caretaker relative of the eligible child, and the alternatively
sentenced offender parent exempted under subdivision (c).
(e) If two or more assistance units reside in the same home, they
shall be combined into one assistance unit when any of the following
circumstances occur:
(1) There is a common caretaker relative for the eligible
children.
(2) One caretaker relative marries another caretaker relative.
(3) Two caretaker relatives are the parents of an eligible child.
(f) For purposes of this section, "caretaker relative" means the
parent or other relative, as defined by regulations adopted by the
department, who exercises responsibility and control of a child.
SEC. 60. Section 11454.5 of the Welfare and Institutions Code is
amended to read:
11454.5. (a) Any month in which the following conditions exist
shall not be counted as a month of receipt of aid for the purposes of
subdivision (a) of Section 11454:
(1) The recipient is exempt from participation under Article 3.2
(commencing with Section 11320) due to disability, or advanced age in
accordance with paragraph (3) of subdivision (b) of Section 11320.3,
or due to caretaking responsibilities that impair the recipient's
ability to be regularly employed, in accordance with paragraph (4) or
(5) of subdivision (b) of Section 11320.3.
(2) The recipient is eligible for, participating in, or exempt
from, the Cal-Learn Program provided for pursuant to Article 3.5
(commencing with Section 11331), is participating in another teen
parent program approved by the department, or, on or after October 1,
2010, is a nonminor dependent under the supervision of the county
child welfare or probation department who is placed in an approved
relative's home and is eligible for aid under this section because he
or she satisfies the conditions described in Section 11403.
(3) The cost of the cash aid provided to the recipient for the
month is fully reimbursed by child support, whether collected in that
month or any subsequent month.
(4) The family is a former recipient of cash aid under this
chapter and currently receives only child care, case management, or
supportive services pursuant to Section 11323.2 or Article 15.5
(commencing with Section 8350) of Chapter 2 of Part 6 of the
Education Code.
(5) To the extent provided by federal law, the recipient lived in
Indian country, as defined by federal law, or an Alaskan native
village in which at least 50 percent of the adults living in the
Indian country or in the village are not employed.
(b) In cases where a lump-sum diversion payment is provided in
lieu of cash aid under Section 11266.5, the month in which the
payment is made or the months calculated pursuant to subdivision (f)
of Section 11266.5 shall count against the limits specified in
Section 11454.
SEC. 61. Section 11461 of the Welfare and Institutions Code is
amended to read:
11461. (a) For children or nonminor dependents placed in a
licensed or approved family home with a capacity of six or less, or
in an approved home of a relative or nonrelated legal guardian, or
the approved home of a nonrelative extended family member as
described in Section 362.7, or a supervised independent living
setting, as defined in subdivision (w) of Section 11400, the per
child per month rates in the following schedule shall be in effect
for the period July 1, 1989, through December 31, 1989:
Age Basic rate
0-4................................ $294
5-8................................ 319
9-11............................... 340
12-14............................... 378
15-20............................... 412
(b) (1) Any county that, as of October 1, 1989, has in effect a
basic rate that is at the levels set forth in the schedule in
subdivision (a), shall continue to receive state participation, as
specified in subdivision (c) of Section 15200, at these levels.
(2) Any county that, as of October 1, 1989, has in effect a basic
rate that exceeds a level set forth in the schedule in subdivision
(a), shall continue to receive the same level of state participation
as it received on October 1, 1989.
(c) The amounts in the schedule of basic rates in subdivision (a)
shall be adjusted as follows:
(1) Effective January 1, 1990, the amounts in the schedule of
basic rates in subdivision (a) shall be increased by 12 percent.
(2) Effective May 1, 1990, any county that did not increase the
basic rate by 12 percent on January 1, 1990, shall do both of the
following:
(A) Increase the basic rate in effect December 31, 1989, for which
state participation is received by 12 percent.
(B) Increase the basic rate, as adjusted pursuant to subparagraph
(A) by an additional 5 percent.
(3) (A) Except as provided in subparagraph (B), effective July 1,
1990, for the 1990-91 fiscal year, the amounts in the schedule of
basic rates in subdivision (a) shall be increased by an additional 5
percent.
(B) The rate increase required by subparagraph (A) shall not be
applied to rates increased May 1, 1990, pursuant to paragraph (2).
(4) Effective July 1, 1998, the amounts in the schedule of basic
rates in subdivision (a) shall be increased by 6 percent.
Notwithstanding any other provision of law, the 6-percent increase
provided for in this paragraph shall, retroactive to July 1, 1998,
apply to every county, including any county to which paragraph (2) of
subdivision (b) applies, and shall apply to foster care for every
age group.
(5) Notwithstanding any other provision of law, any increase that
takes effect after July 1, 1998, shall apply to every county,
including any county to which paragraph (2) of subdivision (b)
applies, and shall apply to foster care for every age group.
(6) The increase in the basic foster family home rate shall apply
only to children placed in a licensed foster family home receiving
the basic rate or in an approved home of a relative or nonrelative
extended family member, as described in Section 362.7, a supervised
independent living setting, as defined in subdivision (w) of Section
11400, or a nonrelated legal guardian receiving the basic rate. The
increased rate shall not be used to compute the monthly amount that
may be paid to licensed foster family agencies for the placement of
children in certified foster homes.
(d) (1) (A) Beginning with the 1991-92 fiscal year, the schedule
of basic rates in subdivision (a) shall be adjusted by the percentage
changes in the California Necessities Index, computed pursuant to
the methodology described in Section 11453, subject to the
availability of funds.
(B) In addition to the adjustment in subparagraph (A) effective
January 1, 2000, the schedule of basic rates in subdivision (a) shall
be increased by 2.36 percent rounded to the nearest dollar.
(C) Effective January 1, 2008, the schedule of basic rates in
subdivision (a), as adjusted pursuant to subparagraph (B), shall be
increased by 5 percent, rounded to the nearest dollar. The increased
rate shall not be used to compute the monthly amount that may be paid
to licensed foster family agencies for the placement of children in
certified foster family homes, and shall not be used to recompute the
foster care maintenance payment that would have been paid based on
the age-related, state-approved foster family home care rate and any
applicable specialized care increment, for any adoption assistance
agreement entered into prior to October 1, 1992, or in any subsequent
reassessment for adoption assistance agreements executed before
January 1, 2008.
(2) (A) Any county that, as of the 1991-92 fiscal year, receives
state participation for a basic rate that exceeds the amount set
forth in the schedule of basic rates in subdivision (a) shall receive
an increase each year in state participation for that basic rate of
one-half of the percentage adjustments specified in paragraph (1)
until the difference between the county's adjusted state
participation level for its basic rate and the adjusted schedule of
basic rates is eliminated.
(B) Notwithstanding subparagraph (A), all counties for the
1999-2000 fiscal year and the 2007-08 fiscal year shall receive an
increase in state participation for the basic rate of the entire
percentage adjustment described in paragraph (1).
(3) If a county has, after receiving the adjustments specified in
paragraph (2), a state participation level for a basic rate that is
below the amount set forth in the adjusted schedule of basic rates
for that fiscal year, the state participation level for that rate
shall be further increased to the amount specified in the adjusted
schedule of basic rates.
(e) (1) As used in this section, "specialized care increment"
means an approved amount paid with state participation on behalf of
an AFDC-FC child requiring specialized care to a home listed in
subdivision (a) in addition to the basic rate. On the effective date
of this section, the department shall continue and maintain the
current ratesetting system for specialized care.
(2) Any county that, as of the effective date of this section, has
in effect specialized care increments that have been approved by the
department, shall continue to receive state participation for those
payments.
(3) Any county that, as of the effective date of this section, has
in effect specialized care increments that exceed the amounts that
have been approved by the department, shall continue to receive the
same level of state participation as it received on the effective
date of this section.
(4) (A) Except for subparagraph (B), beginning January 1, 1990,
specialized care increments shall be adjusted in accordance with the
methodology for the schedule of basic rates described in subdivision
(c) and (d). No county shall receive state participation for any
increases in a specialized care increment which exceeds the
adjustments made in accordance with this methodology.
(B) Notwithstanding subdivision (e) of Section 11460, for the
1993-94 fiscal year, an amount equal to 5 percent of the State
Treasury appropriation for family homes shall be added to the total
augmentation for the AFDC-FC program in order to provide incentives
and assistance to counties in the area of specialized care. This
appropriation shall be used, but not limited to, encouraging counties
to implement or expand specialized care payment systems, to recruit
and train foster parents for the placement of children with
specialized care needs, and to develop county systems to encourage
the placement of children in family homes. It is the intent of the
Legislature that in the use of these funds, federal financial
participation shall be claimed whenever possible.
(f) (1) As used in this section, "clothing allowance" means the
amount paid with state participation in addition to the basic rate
for the provision of additional clothing for an AFDC-FC child,
including, but not limited to, an initial supply of clothing and
school or other uniforms.
(2) Any county that, as of the effective date of this section, has
in effect clothing allowances, shall continue to receive the same
level as it received on the effective date of this section.
(3) (A) Commencing in the 2007-08 fiscal year, for children whose
foster care payment is the responsibility of Colusa, Plumas, and
Tehama Counties, the amount of the clothing allowance may be up to
two hundred seventy-four dollars ($274) per child per year.
(B) Each county listed in subparagraph (A) that elects to receive
the clothing allowance shall submit a Clothing Allowance Program
Notification to the department within 60 days after the effective
date of the act that adds this paragraph.
(C) The Clothing Allowance Program Notification shall identify the
specific amounts to be paid and the disbursement schedule for these
clothing allowance payments.
(4) Beginning January 1, 1990, except as provided in paragraph
(5), clothing allowances shall be adjusted annually in accordance
with the methodology for the schedule of basic rates described in
subdivision (c) and (d). No county shall be reimbursed for any
increases in clothing allowances which exceed the adjustments made in
accordance with this methodology.
(5) For the 2000-01 fiscal year and each fiscal year thereafter,
without a county share of cost, notwithstanding subdivision (c) of
Section 15200, each child shall be entitled to receive a supplemental
clothing allowance of one hundred dollars ($100) per year subject to
the availability of funds. The clothing allowance shall be used to
supplement, and not supplant, the clothing allowance specified in
paragraph (1).
SEC. 62. Section 11464 of the Welfare and Institutions Code is
amended to read:
11464. (a) The Legislature finds and declares all of the
following:
(1) Children who are consumers of regional center services and
also receiving Aid to Families with Dependent Children-Foster Care
(AFDC-FC), Kinship Guardianship Assistance Payments (Kin-GAP), or
Adoption Assistance Program (AAP) benefits have special needs that
can require care and supervision beyond that typically provided to
children in foster care. Clarifying the roles of the child welfare
and developmental disabilities services systems will ensure that
these children receive the services and support they need in a timely
manner and encourage the successful adoption of these children,
where appropriate.
(2) To address the extraordinary care and supervision needs of
children who are consumers of regional center services and also
receiving AFDC-FC, Kin-GAP, or AAP benefits, it is necessary to
provide a rate for care and supervision of these children that is
higher than the average rate they would otherwise receive through the
foster care system and higher than the rate other children with
medical and other significant special needs receive.
(3) Despite the enhanced rate provided in this section, some
children who are consumers of regional center services and also
receiving AFDC-FC or AAP benefits may have care and supervision needs
that are so extraordinary that they cannot be addressed within that
rate. In these limited circumstances, a process should be established
whereby a supplement may be provided in addition to the enhanced
rate.
(4) Children who receive rates pursuant to this section shall be
afforded the same due process rights as all children who apply for
AFDC-FC, Kin-GAP, and AAP benefits pursuant to Section 10950.
(b) Rates for children who are both regional center consumers and
recipients of AFDC-FC or Kin-GAP benefits under this chapter shall be
determined as provided in Section 4684 and this section.
(c) (1) The rate to be paid for 24-hour out-of-home care and
supervision provided to children who are both consumers of regional
center services pursuant to subdivision (d) of Section 4512 and
recipients of AFDC-FC benefits under this chapter shall be two
thousand six dollars ($2,006) per child per month.
(2) (A) The county, at its sole discretion, may authorize a
supplement of up to one thousand dollars ($1,000) to the rate for
children three years of age and older, if it determines the child has
the need for extraordinary care and supervision that cannot be met
within the rate established pursuant to paragraph (1). The State
Department of Social Services and the State Department of
Developmental Services, in consultation with stakeholders
representing county child welfare agencies, regional centers, and
children who are both consumers of regional center services and
recipients of AFDC-FC, Kin-GAP, or AAP benefits, shall develop
objective criteria to be used by counties in determining eligibility
for and the level of the supplements provided pursuant to this
paragraph. The State Department of Social Services shall issue an
all-county letter to implement these criteria within 120 days of the
effective date of this act. The criteria shall take into account the
extent to which the child has any of the following:
(i) Severe impairment in physical coordination and mobility.
(ii) Severe deficits in self-help skills.
(iii) Severely disruptive or self-injurious behavior.
(iv) A severe medical condition.
(B) The caregiver may request the supplement described in
subparagraph (A) directly or upon referral by a regional center.
Referral by a regional center shall not create the presumption of
eligibility for the supplement.
(C) When assessing a request for the supplement, the county shall
seek information from the consumer's regional center to assist in the
assessment. The county shall issue a determination of eligibility
for the supplement within 90 days of receipt of the request. The
county shall report to the State Department of Social Services the
number and level of rate supplements issued pursuant to this
paragraph.
(d) (1) The rate to be paid for 24-hour out-of-home care and
supervision provided for children who are receiving services under
the California Early Start Intervention Services Act, are not yet
determined by their regional center to have a developmental
disability, as defined in subdivisions (a) and (l) of Section 4512,
and are receiving AFDC-FC or Kin-GAP benefits under this chapter,
shall be eight hundred ninety-eight dollars ($898) per child per
month. If a regional center subsequently determines that the child is
an individual with a developmental disability as that term is
defined by subdivisions (a) and (l) of Section 4512, the rate to be
paid from the date of that determination shall be consistent with
subdivision (c).
(2) The rates to be paid for 24-hour out-of-home nonmedical care
and supervision for children who are recipients of AFDC-FC or Kin-GAP
and consumers of regional center services from a community care
facility licensed pursuant to Chapter 3 (commencing with Section
1500) of Division 2 of the Health and Safety Code and vendored by a
regional center pursuant to Section 56004 of Title 17 of the
California Code of Regulations, shall be the facility rate
established by the State Department of Developmental Services.
(e) Rates paid pursuant to this section are subject to all of the
following requirements:
(1) The rates paid to the foster care provider under subdivision
(c) and paragraph (1) of subdivision (d) are only for the care and
supervision of the child, as defined in subdivision (b) of Section
11460 and shall not be applicable to facilities described in
paragraph (2) of subdivision (d).
(2) Regional centers shall separately purchase or secure the
services that are contained in the child's Individualized Family
Service Plan (IFSP) or Individual Program Plan (IPP), pursuant to
Section 4684.
(3) In the event that the schedule of basic foster care rates, as
specified in Section 11461, is increased on or after July 1, 2008,
the rates in subdivisions (c), (d), and (f) shall be similarly
adjusted. No county shall be reimbursed for any increase in this rate
that exceeds the adjustments made in accordance with this
methodology.
(f) (1) The AFDC-FC rates paid on behalf of a regional center
consumer who is a recipient of AFDC-FC prior to July 1, 2007, shall
remain in effect unless a change in the placement warrants
redetermination of the rate or if the child is no longer AFDC-FC
eligible. However, AFDC-FC rates paid on behalf of these children
that are lower than the rates specified in paragraph (1) of
subdivision (c) or paragraph (1) of subdivision (d), respectively,
shall be increased as appropriate to the amount set forth in
paragraph (1) of subdivision (c) or paragraph (1) of subdivision (d),
effective July 1, 2007, and shall remain in effect unless
a change in the placement or a
change in AFDC-FC eligibility of the child warrants redetermination
of the rate.
(2) For a child who is receiving AFDC-FC benefits or for whom a
foster care eligibility determination is pending, and for whom an
eligibility determination for regional center services pursuant to
subdivision (a) of Section 4512 is pending or approved, and for whom,
prior to July 1, 2007, a State Department of Developmental Services
facility rate determination request has been made and is pending, the
rate shall be the State Department of Developmental Services
facility rate determined by the regional center through an
individualized assessment, or the rate established in paragraph (1)
of subdivision (c), whichever is greater. The rate shall remain in
effect until the child is no longer eligible to receive AFDC-FC, or,
if still AFDC-FC eligible, is found ineligible for regional center
services as an individual described in subdivision (a) of Section
4512. Other than the circumstances described in this section,
regional centers shall not establish facility rates for AFDC-FC
purposes.
(g) (1) The department shall adopt emergency regulations in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, and for the
purposes of that chapter, including Section 11349.6 of the Government
Code, on or before July 1, 2009.
(2) The adoption of regulations pursuant to paragraph (1) shall
be deemed an emergency and necessary for the immediate preservation
of the public peace, health, safety, and general welfare. The
regulations authorized by this subdivision shall remain in effect for
no more than 180 days, by which time final regulations shall be
adopted.
(h) (1) The State Department of Social Services and the State
Department of Developmental Services shall provide to the Joint
legislative Budget Committee, on a semiannual basis, the data set
forth in paragraph (2) to facilitate Legislative review of the
outcomes of the changes made by the addition of this section and the
amendments made to Sections 4684 and 16121 by the act adding this
section. The first report shall be submitted on October 1, 2007, with
subsequent reports submitted on March 1 and October 1 of each year.
(2) The following data shall be provided pursuant to this
subdivision:
(A) The number of, and services provided to, children who are
consumers of regional center services and who are receiving AAP,
Kin-GAP, or AFDC-FC, broken out by children receiving the amount
pursuant to paragraph (1) of subdivision (c), the amount pursuant to
paragraph (1) of subdivision (d), and the level of supplement
pursuant to subparagraph (A) of paragraph (2) of subdivision (c).
(B) A comparison of services provided to these children and
similar children who are regional center consumers who do not receive
AFDC-FC, Kin-GAP, or AAP benefits, broken out by children receiving
the amount pursuant to paragraph (1) of subdivision (c), the amount
pursuant to paragraph (1) of subdivision (d), and the level of
supplement pursuant to subparagraph (A) of paragraph (2) of
subdivision (c).
(C) The number and nature of appeals filed regarding services
provided or secured by regional centers for these children,
consistent with Section 4714, broken out by children receiving the
amount pursuant to paragraph (1) of subdivision (c), the amount
pursuant to paragraph (1) of subdivision (d), and the level of
supplement pursuant to subparagraph (A) of paragraph (2) of
subdivision (c).
(D) The number of these children who are adopted before and after
the act adding this section, broken out by children receiving the
amount pursuant to paragraph (1) of subdivision (c), the amount
pursuant to paragraph (1) of subdivision (d), and the level of
supplement pursuant to subparagraph (A) of paragraph (2) of
subdivision (c).
(E) The number and levels of supplements requested pursuant to
subparagraph (B) of paragraph (2) of subdivision (c).
(F) The number of appeals requested of the decision by counties to
deny the request for the supplement pursuant to subparagraph (A) of
paragraph (2) of subdivision (c).
(G) The total number and levels of supplements authorized pursuant
to subparagraph (A) of paragraph (2) of subdivision (c) and the
number of these supplements authorized upon appeal.
(i) Commencing October 1, 2010, the rate described in subdivision
(c) shall be paid for an eligible nonminor dependent who is under 21
years of age, is receiving AFDC-FC or Kin-GAP benefits pursuant to
Section 11403, and is a consumer of regional center services.
SEC. 63. Section 11465 of the Welfare and Institutions Code is
amended to read:
11465. (a) When a child is living with a parent who receives
AFDC-FC or Kin-GAP benefits, the rate paid to the provider on behalf
of the parent shall include an amount for care and supervision of the
child.
(b) For each category of eligible licensed community care
facility, as defined in Section 1502 of the Health and Safety Code,
the department shall adopt regulations setting forth a uniform rate
to cover the cost of care and supervision of the child in each
category of eligible licensed community care facility.
(c) (1) On and after July 1, 1998, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section
shall be increased by 6 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new uniform rate.
(2) (A) On and after July 1, 1999, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section
shall be adjusted by an amount equal to the California Necessities
Index computed pursuant to Section 11453, rounded to the nearest
dollar. The resultant amounts shall constitute the new uniform rate,
subject to further adjustment pursuant to subparagraph (B).
(B) In addition to the adjustment specified in subparagraph (A),
on and after January 1, 2000, the uniform rate to cover the cost of
care and supervision of a child pursuant to this section shall be
increased by 2.36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new uniform rate.
(3) Subject to the availability of funds, for the 2000-01 fiscal
year and annually thereafter, these rates shall be adjusted for cost
of living pursuant to procedures in Section 11453.
(4) On and after January 1, 2008, the uniform rate to cover the
cost of care and supervision of a child pursuant to this section
shall be increased by 5 percent, rounded to the nearest dollar. The
resulting amount shall constitute the new uniform rate.
(d) (1) Notwithstanding subdivisions (a) to (c), inclusive, the
payment made pursuant to this section for care and supervision of a
child who is living with a teen parent in a whole family foster home,
as defined in Section 11400, shall equal the basic rate for children
placed in a licensed or approved home as specified in subdivisions
(a) to (d), inclusive, of Section 11461.
(2) The amount paid for care and supervision of a dependent infant
living with a dependent teen parent receiving AFDC-FC benefits in a
group home placement shall equal the infant supplement rate for group
home placements.
(3) The caregiver shall provide the county child welfare agency or
probation department with a copy of the shared responsibility plan
developed pursuant to Section 16501.25 and shall advise the county
child welfare agency or probation department of any subsequent
changes to the plan. Once the plan has been completed and provided to
the appropriate agencies, the payment made pursuant to this section
shall be increased by an additional two hundred dollars ($200) per
month to reflect the increased care and supervision while he or she
is placed in the whole family foster home.
(4) In any year in which the payment provided pursuant to this
section is adjusted for the cost of living as provided in paragraph
(1) of subdivision (c), the payments provided for in this subdivision
shall also be increased by the same procedures.
(5) A Kin-GAP relative who, immediately prior to entering the
Kin-GAP program, was designated as a whole family foster home shall
receive the same payment amounts for the care and supervision of a
child who is living with a teen parent they received in foster care
as a whole family foster home.
(6) On and after October 1, 2010, the rate paid for a child living
with a teen parent in a whole family foster home as defined in
Section 11400 shall also be paid for a child living with a nonminor
dependent parent who is eligible to receive AFDC-FC or Kin-GAP
pursuant to Section 11403.
SEC. 64. Section 11466.23 of the Welfare and Institutions Code is
amended to read:
11466.23. (a) It is the intent of the Legislature to comply with
the federal requirements of the Improper Payments Act of 2002 with
respect to the remittance of the federal share of foster care
overpayments.
(b) For the purposes of this section, a federal foster care or
adoption assistance overpayment is defined as any amount of aid paid
to which a foster care provider or adoption assistance recipient was
not entitled, including any overpayment identified by a foster care
provider as described in Section 11400, or federal Adoption
Assistance Program recipient as described in Chapter 2.1 (commencing
with Section 16115) of Part 4, and on and after October 1, 2010, any
federal Kin-GAP aid paid to which a related guardian was not
entitled, including any overpayment identified by a federal Kin-GAP
recipient as described in Article 4.7 (commencing with Section
11385).
(c) Counties shall be required to remit the appropriate amount of
federal funds upon identification of the overpayment, following the
completion of due process.
(1) Counties shall not be required to repay the overpayment when
any of the following occurs:
(A) The amount is legally uncollectible, including any amount
legally uncollectible pursuant to Section 11466.24.
(B) The cost of collection exceeds the overpayment.
(C) The foster family agency or group home is no longer in
business or licensed by the department.
(2) Remittance of overpayments of federal AFDC-FC funds, federal
Kin-GAP, and federal AAP funds not excluded by paragraph (1) shall be
shared by the state and the counties based on a 40 percent state, 60
percent county sharing ratio. Upon actual collection of any
overpayments from providers or recipients, the county shall ensure
that the total amount reimbursed to the state reflects the federal
and state share of the overpayment costs, as specified. All
overpayments of federal AFDC-FC funds, federal Kin-GAP, and federal
AAP funds included in paragraph (1) shall be repaid completely with
state funds.
(3) Nothing in this section shall inhibit existing county
authority to collect overpayments.
(4) Nothing in this section shall inhibit existing county
responsibility to remit voluntary overpayments upon collection.
(d) (1) The department shall adopt regulations to implement this
section by December 31, 2008. Notwithstanding Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, the department, in consultation and coordination
with the County Welfare Directors Association, may adopt emergency
regulations to implement this section.
(2) The adoption of emergency regulations pursuant to subdivision
(a) shall be deemed to be an emergency and necessary for the
immediate preservation of the public peace, health, safety, or
general welfare. The emergency regulations authorized by this section
shall be submitted to the Office of Administrative Law for filing
with the Secretary of State and shall remain in effect for no more
than 180 days, by which time final regulations shall be adopted.
(e) The department may only require counties to remit payment of
the federal share for overpayments upon identification that occur on
or after the effective date of regulations adopted pursuant to this
section.
SEC. 65. Section 11466.24 of the Welfare and Institutions Code is
amended to read:
11466.24. (a) In accordance with this section, a county shall
collect an overpayment, discovered on or after January 1, 1999, made
to a foster family home, an approved home of a relative, including
the home of a Kin-GAP guardian, an approved home of a nonrelative
extended family member, or an approved home of a nonrelative legal
guardian, or the supervised independent living setting where a
nonminor dependent resides, for any period of time in which the
foster child was not cared for in that home, unless any of the
following conditions exist, in which case a county shall not collect
the overpayment:
(1) The cost of the collection exceeds that amount of the
overpayment that is likely to be recovered by the county. The cost of
collecting the overpayment and the likelihood of collection shall be
documented by the county. Costs that the county shall consider when
determining the cost-effectiveness to collect are total
administrative, personnel, legal filing fee, and investigative costs,
and any other applicable costs.
(2) The child was temporarily removed from the home and payment
was owed to the provider to maintain the child's placement, or the
child was temporarily absent from the provider's home, or on runaway
status and subsequently returned, and payment was made to the
provider to meet the child's needs.
(3) The overpayment was exclusively the result of a county
administrative error or both the county welfare department and the
provider or nonminor dependent were unaware of the information that
would establish that the foster child or nonminor dependent was not
eligible for foster care benefits.
(4) The provider or nonminor dependent did not have knowledge of,
and did not contribute to, the cause of the overpayment.
(b) (1) After notification by a county of an overpayment to a
foster family home, an approved home of a relative, including the
home of a Kin-GAP guardian, or a nonrelative extended family member,
approved home of a nonrelative legal guardian, or the supervised
independent living setting where the nonminor dependent resides, and
a demand letter for repayment, the foster parent, approved relative,
approved nonrelative legal guardian, or nonminor dependent may
request the county welfare department to review the overpayment
determination in an informal hearing, or may file with the department
a request for a hearing to appeal the overpayment determination.
Requesting an informal hearing shall not preclude a payee from
seeking a formal hearing at a later date. The county welfare
department shall dismiss the overpayment repayment request if it
determines the action to be incorrect through an initial review prior
to a state hearing, or through a review in an informal hearing held
at the request of the foster parent, relative, nonrelative legal
guardian, or nonminor dependent.
(2) If an informal hearing does not result in the dismissal of the
overpayment, or a formal appeal hearing is not requested, or on the
30th day following a formal appeal hearing decision, whichever is
later, the foster family provider overpayment shall be sustained for
collection purposes.
(3) The department shall adopt regulations that ensure that the
best interests of the child or nonminor dependent shall be the
primary concern of the county welfare director in any repayment
agreement.
(c) (1) The department shall develop regulations for recovery of
overpayments made to any foster family home, approved home of a
relative, approved home of a nonrelative legal guardian, or
supervised independent living setting where a nonminor dependent
resides. The regulations shall prioritize collection methods, that
shall include voluntary repayment agreement procedures and
involuntary overpayment collection procedures. These procedures shall
take into account the amount of the overpayment and a minimum
required payment amount.
(2) A county shall not collect an overpayment through the use of
an involuntary payment agreement unless a foster family home, an
approved home of a relative, approved home of a nonrelative legal
guardian, or supervised independent living setting where a nonminor
dependent resides has rejected the offer of a voluntary overpayment
agreement, or has failed to comply with the terms of the voluntary
overpayment agreement.
(3) A county shall not be permitted to collect an overpayment
through the offset of payments due to a foster family home, an
approved home of a relative, approved home of a nonrelative legal
guardian or supervised independent living setting where a nonminor
dependent resides, unless this method of repayment is requested by
the provider or nonminor dependent in a voluntary repayment
agreement, or other circumstances defined by the department by
regulation.
(d) If a provider or nonminor dependent is successful in its
appeal of a collected overpayment, it shall be repaid the collected
overpayment plus simple interest based on the Surplus Money
Investment Fund.
(e) A county may not collect interest on the repayment of an
overpayment.
(f) There shall be a one-year statute of limitations from the
date upon which the county determined that there was an overpayment.
SEC. 66. Section 16120 of the Welfare and Institutions Code is
amended to read:
16120. A child shall be eligible for Adoption Assistance Program
benefits if all of the conditions specified in subdivisions (a)
through (g), inclusive, are met or if the conditions specified in
subdivision (h) are met.
(a) The child has at least one of the following characteristics
that are barriers to his or her adoption:
(1) Adoptive placement without financial assistance is unlikely
because of membership in a sibling group that should remain intact or
by virtue of race, ethnicity, color, language, age of three years or
older, or parental background of a medical or behavioral nature that
can be determined to adversely affect the development of the child.
(2) Adoptive placement without financial assistance is unlikely
because the child has a mental, physical, emotional, or medical
disability that has been certified by a licensed professional
competent to make an assessment and operating within the scope of his
or her profession. This paragraph shall also apply to children with
a developmental disability as defined in subdivision (a) of Section
4512, including those determined to require out-of-home nonmedical
care as described in Section 11464.
(b) The need for adoption subsidy is evidenced by an unsuccessful
search for an adoptive home to take the child without financial
assistance, as documented in the case file of the prospective
adoptive child. The requirement for this search shall be waived when
it would be against the best interest of the child because of the
existence of significant emotional ties with prospective adoptive
parents while in the care of these persons as a foster child.
(c) The child satisfies either of the following criteria:
(1) At the time a petition for an agency adoption, as defined in
Section 8506 of the Family Code, or an independent adoption, as
defined in Section 8524 of the Family Code, is filed, the child has
met the requirements to receive federal supplemental security income
benefits pursuant to Subchapter 16 (commencing with Section 1381) of
Chapter 7 of Title 42 of the United States Code, as determined and
documented by the federal Social Security Administration.
(2) The child is the subject of an agency adoption as defined in
Section 8506 of the Family Code and was any of the following:
(A) Under the supervision of a county welfare department as the
subject of a legal guardianship or juvenile court dependency.
(B) Relinquished for adoption to a licensed California private or
public adoption agency, or the department, and would have otherwise
been at risk of dependency as certified by the responsible public
child welfare agency.
(C) Committed to the care of the department pursuant to Section
8805 or 8918 of the Family Code.
(d) The child satisfies any of the following criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a mental or
physical handicap that warrants the continuation of assistance.
(3) He or she is under 21 years of age and attained 16 years of
age before the adoption assistance agreement became effective, and
one or more of the following applies:
(A) The youth is completing secondary education or a program
leading to an equivalent credential.
(B) The youth is enrolled in an institution that provides
postsecondary or vocational education.
(C) The youth is participating in a program or activity designed
to promote, or remove barriers to employment.
(D) The youth is employed for at least 80 hours per month.
(E) The youth is incapable of doing any of the activities
described in subparagraphs (A) to (D), inclusive, due to a medical
condition, and that incapability is supported by regularly updated
information in the case plan of the child.
(e) The adoptive family is responsible for the child pursuant to
the terms of an adoptive placement agreement or a final decree of
adoption and has signed an adoption assistance agreement.
(f) The adoptive family is legally responsible for the support of
the child and the child is receiving support from the adoptive
parent.
(g) The department or the county responsible for determining the
child's Adoption Assistance Program eligibility status and for
providing financial aid, and the prospective adoptive parent, prior
to or at the time the adoption decree is issued by the court, have
signed an adoption assistance agreement that stipulates the need for,
and the amount of, Adoption Assistance Program benefits.
(h) A child shall be eligible for Adoption Assistance Program
benefits if the child received Adoption Assistance Program benefits
with respect to a prior adoption and the child is again available for
adoption because the prior adoption was dissolved and the parental
rights of the adoptive parents were terminated or because the child's
adoptive parents died.
SEC. 67. Section 16123 of the Welfare and Institutions Code is
amended to read:
16123. The provisions of Section 16120, permitting the payment of
adoption assistance until a child attains the age of 18 or 21 if the
child has mental or physical handicaps, or effective October 1,
2010, up to 21 years of age, if the child meets the criteria
specified in paragraph (3) of subdivision (d) of Section 16120, shall
be effective as long as federal funds are available under Title IV-E
of the federal Social Security Act (Part E (commencing with Section
670) of Subchapter 4 of Chapter 7 of Title 42 of the United States
Code), and the state continues to exercise its option to extend
payments up to 21 years of age, pursuant to Section 473(a)(4) of the
federal Social Security Act (42 U.S.C. Sec. 673(a)(4)). When those
funds cease to be available the maximum length for payment of the
Adoption Assistance Program shall be five years except in instances
in which there is a continuing need, related to a chronic health
condition of the child which necessitated the initial financial
assistance. In those cases, a parent may, until October 1, 1992,
petition the department or licensed adoption agency to continue
financial assistance up to age of majority. On and after October 1,
1992, the parent may petition the department or the responsible
county to continue financial assistance up to the age of majority.
SEC. 68. Section 16501 of the Welfare and Institutions Code is
amended to read:
16501. (a) As used in this chapter, "child welfare services"
means public social services which are directed toward the
accomplishment of any or all the following purposes: protecting and
promoting the welfare of all children, including handicapped,
homeless, dependent, or neglected children; preventing or remedying,
or assisting in the solution of problems which may result in, the
neglect, abuse, exploitation, or delinquency of children; preventing
the unnecessary separation of children from their families by
identifying family problems, assisting families in resolving their
problems, and preventing breakup of the family where the prevention
of child removal is desirable and possible; restoring to their
families children who have been removed, by the provision of services
to the child and the families; identifying children to be placed in
suitable adoptive homes, in cases where restoration to the biological
family is not possible or appropriate; and assuring adequate care of
children away from their homes, in cases where the child cannot be
returned home or cannot be placed for adoption.
"Child welfare services" also means services provided on behalf of
children alleged to be the victims of child abuse, neglect, or
exploitation. The child welfare services provided on behalf of each
child represent a continuum of services, including emergency response
services, family preservation services, family maintenance services,
family reunification services, and permanent placement services,
including transitional independent living services. The individual
child's case plan is the guiding principle in the provision of these
services. The case plan shall be developed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) 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 comes first.
(1) Child welfare services may include, but are not limited to, a
range of service-funded activities, including case management,
counseling, emergency shelter care, emergency in-home caretakers,
temporary in-home caretakers, respite care, therapeutic day services,
teaching and demonstrating homemakers, parenting training, substance
abuse testing, and transportation. These service-funded activities
shall be available to children and their families in all phases of
the child welfare program in accordance with the child's case plan
and departmental regulations. Funding for services is limited to the
amount appropriated in the annual Budget Act and other available
county funds.
(2) Service-funded activities to be provided may be determined by
each county, based upon individual child and family needs as
reflected in the service plan.
(3) As used in this chapter, "emergency shelter care" means
emergency shelter provided to children who have been removed pursuant
to Section 300 from their parent or parents or their guardian or
guardians. The department may establish, by regulation, the time
periods for which emergency shelter
care shall be funded. For the purposes of this paragraph,
"emergency shelter care" may include "transitional shelter care
facilities" as defined in paragraph (11) of subdivision (a) of
Section 1502 of the Health and Safety Code.
(b) As used in this chapter, "respite care" means temporary care
for periods not to exceed 72 hours. This care may be provided to the
child's parents or guardians. This care shall not be limited by
regulation to care over 24 hours. These services shall not be
provided for the purpose of routine, ongoing child care.
(c) The county shall provide child welfare services as needed
pursuant to an approved service plan and in accordance with
regulations promulgated, in consultation with the counties, by the
department. Counties may contract for service-funded activities as
defined in paragraph (1) of subdivision (a). Each county shall use
available private child welfare resources prior to developing new
county-operated resources when the private child welfare resources
are of at least equal quality and lesser or equal cost as compared
with county-operated resources. Counties shall not contract for needs
assessment, client eligibility determination, or any other activity
as specified by regulations of the State Department of Social
Services, except as specifically authorized in Section 16100.
(d) Nothing in this chapter shall be construed to affect duties
which are delegated to probation officers pursuant to Sections 601
and 654.
(e) Any county may utilize volunteer individuals to supplement
professional child welfare services by providing ancillary support
services in accordance with regulations adopted by the State
Department of Social Services.
(f) As used in this chapter, emergency response services consist
of a response system providing in-person response, 24 hours a day,
seven days a week, to reports of abuse, neglect, or exploitation, as
required by Article 2.5 (commencing with Section 11164) of Chapter 2
of Title 1 of Part 4 of the Penal Code for the purpose of
investigation pursuant to Section 11166 of the Penal Code and to
determine the necessity for providing initial intake services and
crisis intervention to maintain the child safely in his or her own
home or to protect the safety of the child. County welfare
departments shall respond to any report of imminent danger to a child
immediately and all other reports within 10 calendar days. An
in-person response is not required when the county welfare
department, based upon an evaluation of risk, determines that an
in-person response is not appropriate. This evaluation includes
collateral, contacts, a review of previous referrals, and other
relevant information, as indicated.
(g) As used in this chapter, family maintenance services are
activities designed to provide in-home protective services to prevent
or remedy neglect, abuse, or exploitation, for the purposes of
preventing separation of children from their families.
(h) As used in this chapter, family reunification services are
activities designed to provide time-limited foster care services to
prevent or remedy neglect, abuse, or exploitation, when the child
cannot safely remain at home, and needs temporary foster care, while
services are provided to reunite the family.
(i) As used in this chapter, permanent placement services are
activities designed to provide an alternate permanent family
structure for children who because of abuse, neglect, or exploitation
cannot safely remain at home and who are unlikely to ever return
home. These services shall be provided on behalf of children for whom
there has been a judicial determination of a permanent plan for
adoption, legal guardianship, or long-term foster care, and, as
needed, shall include transitional independent living services.
(j) As used in this chapter, family preservation services include
those services specified in Section 16500.5 to avoid or limit
out-of-home placement of children, and may include those services
specified in that section to place children in the least restrictive
environment possible.
(k) (1) (A) In any county electing to implement this subdivision,
all county welfare department employees who have frequent and routine
contact with children shall, by February 1, 1997, and all welfare
department employees who are expected to have frequent and routine
contact with children and who are hired on or after January 1, 1996,
and all such employees whose duties change after January 1, 1996, to
include frequent and routine contact with children, shall, if the
employees provide services to children who are alleged victims of
abuse, neglect, or exploitation, sign a declaration under penalty of
perjury regarding any prior criminal conviction, and shall provide a
set of fingerprints to the county welfare director.
(B) The county welfare director shall secure from the Department
of Justice a criminal record to determine whether the employee has
ever been convicted of a crime other than a minor traffic violation.
The Department of Justice shall deliver the criminal record to the
county welfare director.
(C) If it is found that the employee has been convicted of a
crime, other than a minor traffic violation, the county welfare
director shall determine whether there is substantial and convincing
evidence to support a reasonable belief that the employee is of good
character so as to justify frequent and routine contact with
children.
(D) No exemption shall be granted pursuant to subparagraph (C) if
the person has been convicted of a sex offense against a minor, or
has been convicted of an offense specified in Section 220, 243.4,
264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of
Section 273a of, or subdivision (a) or (b) of Section 368 of, the
Penal Code, or has been convicted of an offense specified in
subdivision (c) of Section 667.5 of the Penal Code. The county
welfare director shall suspend such a person from any duties
involving frequent and routine contact with children.
(E) Notwithstanding subparagraph (D), the county welfare director
may grant an exemption if the employee or prospective employee, who
was convicted of a crime against an individual specified in paragraph
(1) or (7) of subdivision (c) of Section 667.5 of the Penal Code,
has been rehabilitated as provided in Section 4852.03 of the Penal
Code and has maintained the conduct required in Section 4852.05 of
the Penal Code for at least 10 years and has the recommendation of
the district attorney representing the employee's or prospective
employee's county of residence, or if the employee or prospective
employee has received a certificate of rehabilitation pursuant to
Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of
the Penal Code. In that case, the county welfare director may give
the employee or prospective employee an opportunity to explain the
conviction and shall consider that explanation in the evaluation of
the criminal conviction record.
(F) If no criminal record information has been recorded, the
county welfare director shall cause a statement of that fact to be
included in that person's personnel file.
(2) For purposes of this subdivision, a conviction means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere. Any action which the county welfare director is permitted
to take following the establishment of a conviction may be taken
when the time for appeal has elapsed, or the judgment of conviction
has been affirmed on appeal or when an order granting probation is
made suspending the imposition of sentence, notwithstanding a
subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal
Code permitting the person to withdraw his or her plea of guilty and
to enter a plea of not guilty, or setting aside the verdict of
guilty, or dismissing the accusation, information, or indictment. For
purposes of this subdivision, the record of a conviction, or a copy
thereof certified by the clerk of the court or by a judge of the
court in which the conviction occurred, shall be conclusive evidence
of the conviction.
SEC. 69. 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) (1) If 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, proximity to the child's
school, 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. On
or after October 1, 2010, for a nonminor dependent, as defined in
subdivision (v) of Section 11400, who is receiving AFDC-FC
benefits up to 21 years of age pursuant to Section 11403, in
addition to the above requirements, the selection of the placement
, including a supervised independent living setting, as
described in Section 11400, shall also be based upon the
developmental needs of young adults by providing opportunities to
have incremental responsibilities that prepare a nonminor dependent
to transition to independent living. When a nonminor dependent is
placed in a group home, the case plan shall also specify why that
placement is necessary for the nonminor dependent's transition to
independent living.
(2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school attendance area.
(d) A written case plan shall be completed within a maximum of 60
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.
(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child's family, as well as the input of relatives and other
interested parties.
(2) The extension of the maximum time available for preparing a
written case plan from the 30 to 60 days shall be effective 90 days
after the date that the department gives counties written notice that
necessary changes have been made to the Child Welfare Services Case
Management System to account for the 60-day timeframe for preparing a
written case plan.
(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. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
(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,
consistent with federal law and in accordance with the department's
approved state plan. 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) If 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) If out-of-home services are used, or if 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) If 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 in-state and out-of-state placements,
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) If 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. Commencing October 1, 2010, for nonminor dependents, as defined
in subdivision (v) of Section 11400, who are receiving AFDC-FC up to
21 years of age pursuant to Section 11403, the case plan shall be
developed with, and signed by, the nonminor.
(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) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of age
or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.
(13) 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. If 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.
(14) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child's wishes regarding their permanent
placement plan and an assessment of those stated wishes. The agency
shall also 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.
(15) When appropriate, for a child who is 16 years of age or older
and, commencing October 1, 2010, for a nonminor dependent, the case
plan shall include a written description of the programs and services
that will help the child, consistent with the child's best
interests, prepare for the transition from foster care to independent
living, and whether the youth has an in-progress application pending
for Title XVI Supplemental Security Income benefits or for Special
Juvenile Immigration Status or other applicable application for legal
residency and an active dependency case is required for that
application. When appropriate, for a nonminor dependent, the case
plan shall include a written description of the program and services
that will help the nonminor dependent, consistent with the his or her
best interests, to prepare for transition from foster care and
assist the youth in meeting the eligibility criteria set forth in
Section 11403. If applicable, the case plan shall describe the
individualized supervision provided in the supervised independent
living setting as defined, in subdivision (w) of Section 11400. The
case plan shall be developed with the child or nonminor dependent and
individuals identified as important to the child, or nonminor
dependent, and shall include steps the agency is taking to ensure
that the child or nonminor dependent 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. This section does not 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) When a child who is 10 years of age or older and who has been
in out-of-home placement for six months or longer, 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
and who has been in out-of-home placement for six months or longer to
identify individuals other than the child's siblings who are
important to the child, and may ask any other child 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.
(j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
(k) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association and other advocates,
shall develop a comprehensive plan to ensure that 90 percent of
foster children are visited by their caseworkers on a monthly basis
by October 1, 2011, and that the majority of the visits occur in the
residence of the child. The plan shall include any data reporting
requirements necessary to comply with the provisions of the federal
Child and Family Services Improvement Act of 2006 (Public Law
109-288).
(l) The implementation and operation of the amendments to
subdivision (i) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
SEC. 70. Section 16501.25 of the Welfare and Institutions Code is
amended to read:
16501.25. (a) For the purposes of this section, "teen
parent" means a child who has been adjudged to be a dependent child
or ward of the court on the grounds that he or she is a person
described under Section 300 or Section 602, or a ward of a nonrelated
legal guardian whose guardianship was established pursuant to
Section 366.26 or 360, living in out-of-home placement in a whole
family foster home, as defined in subdivision (u) of Section 11400,
who is a parent. Commencing October 1, 2010, "teen parent" also means
a nonminor dependent, as defined in subdivision (v) of Section
11400, who is living in a whole family foster home, as defined in
subdivision (t) of Section 11400, and is eligible for AFDC-FC or
Kin-GAP payments pursuant to Section 11403 or 11403.01 .
(b) (1) When the child of a teen parent is not subject to the
jurisdiction of the dependency court but is in the full or partial
physical custody of the teen parent, a written shared responsibility
plan shall be developed. The plan shall be developed between the teen
parent, caregiver, and a representative of the county child welfare
agency or probation department, and in the case of a certified home,
a representative of the agency providing direct and immediate
supervision to the caregiver. Additional input may be provided by any
individuals identified by the teen parent, the other parent of the
child, if appropriate, and other extended family members. The plan
shall be developed as soon as is practicably possible. However, if
one or more of the above stakeholders are not available to
participate in the creation of the plan within the first 30 days of
the teen parent's placement, the teen parent and caregiver may enter
into a plan for the purposes of fulfilling the requirements of
paragraph (2) of subdivision (d) of Section 11465, which may be
modified at a later time when the other individuals become available.
(2) The plan shall be designed to preserve and strengthen the teen
parent family unit, as described in Section 16002.5, to assist the
teen parent in meeting the goals outlined in Section 16002.5, to
facilitate a supportive home environment for the teen parent and the
child, and to ultimately enable the teen parent to independently
provide a safe, stable, and permanent home for the child. The plan
shall in no way limit the teen parent's legal right to make decisions
regarding the care, custody, and control of the child.
(3) The plan shall be written for the express purpose of aiding
the teen parent and the caregiver to reach agreements aimed at
reducing conflict and misunderstandings. The plan shall outline, with
as much specificity as is practicable, the duties, rights, and
responsibilities of both the teen parent and the caregiver with
regard to the child, and identify supportive services to be offered
to the teen parent by the caregiver or, in the case of a certified
home, the agency providing direct and immediate supervision to the
caregiver, or both. The plan shall be updated, as needed, to account
for the changing needs of infants and toddlers, and in accordance
with the teen parent's changing school, employment, or other outside
responsibilities. The plan shall not conflict with the teen parent's
case plan. Areas to be addressed by the plan include, but are not
limited to, all of the following:
(A) Feeding.
(B) Clothing.
(C) Hygiene.
(D) Purchase of necessary items, including, but not limited to,
safety items, food, clothing, and developmentally appropriate toys
and books. This includes both one-time purchases and items needed on
an ongoing basis.
(E) Health care.
(F) Transportation to health care appointments, child care, and
school, as appropriate.
(G) Provision of child care and babysitting.
(H) Discipline.
(I) Sleeping arrangements.
(J) Visits among the child, his or her noncustodial parent, and
other appropriate family members, including the responsibilities of
the teen parent, the caregiver, and the foster family agency, as
appropriate, for facilitating the visitation. The shared
responsibility plan shall not conflict with the teen parent's case
plan and any visitation orders made by the court.
(c) Upon completion of the shared responsibility plan and any
subsequent updates to the plan, a copy shall be provided to the teen
parent and his or her attorney, the caregiver, the county child
welfare agency or probation department and, in the case of a
certified home, the agency providing direct and immediate supervision
to the caregiver.
(d) The shared responsibility plan requirements shall no longer
apply when the two hundred dollar ($200) monthly payment is made
under the Kin-GAP program pursuant to Article 4.5 (commencing with
Section 11360) of Chapter 2 of Part 3 to a former whole family foster
home pursuant to subdivision (a) of Section 11465.
SEC. 71. Section 16503 of the Welfare and Institutions Code is
amended to read:
16503. (a) Subsequent to completion of the hearing conducted
pursuant to Section 366.26, the agency responsible for placement and
care of a minor, as defined in subdivision (k) of Section 11400,
shall ensure that a child in foster care shall receive administrative
reviews periodically but no less frequently than once every six
months. The administrative review shall determine the appropriateness
of the placement, the continuing appropriateness and extent of
compliance with the permanent plan for the child, the extent of
compliance with the case plan, and adequacy of services provided to
the child.
(b) The term "administrative review" means a review open to the
participation of the parents of a child in foster care conducted by a
panel of appropriate persons at least one of whom is not responsible
for the case management of, or the delivery of services to either
the child or the parents who are the subject of the review.
(c) The department shall develop and implement regulations
establishing processes, procedures and standards for the conduct of
administrative reviews that conform to Section 675.6 of Title 42 of
the United States Code.
(d) The requirements of this section shall not be interpreted as
requiring duplicate concurrent court and administrative reviews.
SEC. 72. Section 16507.3 of the Welfare and Institutions Code is
amended to read:
16507.3. (a) Beginning on October 1, 1982, child welfare services
for children placed voluntarily after January 1, 1982, shall be
limited to a period not to exceed 180 days. Subject to the
availability of federal funding, voluntary placement services for
federally eligible children may be extended for an additional six
months, for a total period not to exceed 12 months for either of the
following:
(1) Families who have a custodial parent or guardian in
residential substance abuse treatment who is demonstrating progress
that indicates the problems warranting the initial placement are
likely to be resolved within the extended time period.
(2) Families whose minor child is seriously emotionally disturbed,
who requires placement in a residential treatment facility, who
otherwise would be likely to be found to fit the description in
subdivision (c) of Section 300, and who reasonably may be expected to
be returned home within the extended time period.
(b) Whenever a seriously emotionally disturbed child as described
in paragraph (2) of subdivision (a) is initially voluntarily placed,
the initial placement shall be made pursuant to the approval of an
interagency administrative review board as described in paragraph (4)
of subdivision (a) of Section 16507.6.
(c) The extension of voluntary placement services for an
additional six months shall be subject to the approval of an
administrative review board pursuant to paragraphs (4) and (5) of
subdivision (a) of Section 16507.6. The extension of voluntary
placement services is contingent upon the receipt of federal funding.
Any administrative and foster care costs that exceed the amount of
federal reimbursement shall be paid solely with county funds.
(d) An otherwise eligible child placed voluntarily prior to
January 1, 1982, may remain eligible for child welfare services
without regard to the length of time in placement until April 1,
1984. Beginning on October 1, 1982, such a child shall receive
administrative review pursuant to the requirements of Section 16503.
SEC. 73. Section 16507.4 of the Welfare and Institutions Code is
amended to read:
16507.4. (a) Notwithstanding any other provisions of this
chapter, voluntary family reunification services shall be provided
without fee to families who qualify, or would qualify if application
had been made therefor, as recipients of public assistance under the
Aid to Families with Dependent Children program as described in the
State Plan in effect on July 1, 1998 1996
. If the family is not qualified for aid, voluntary family
reunification services may be utilized, provided that the county
seeks reimbursement from the parent or guardian on a statewide
sliding scale according to income as determined by the State
Department of Social Services and approved by the Department of
Finance. The fee may be waived if the social worker determines that
the payment of the fee may be a barrier to reunification. Section
17552 of the Family Code shall also apply.
(b) An out-of-home placement of a minor without adjudication by
the juvenile court may occur only when all of the following
conditions exist:
(1) There is a mutual decision between the child's parent or
guardian and the county welfare department in accordance with
regulations promulgated by the State Department of Social Services.
(2) There is a written agreement between the county welfare
department and the parent or guardian specifying the terms of the
voluntary placement. The State Department of Social Services shall
develop a form for voluntary placement agreements which shall be used
by all counties. The form shall indicate that foster care under the
Aid to Families with Dependent Children program is available to those
children.
(3) In the case of an Indian child, in accordance with Section
1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.),
the following criteria are met:
(A) The parent or Indian custodian's consent to the voluntary
out-of-home placement is executed in writing at least 10 days after
the child's birth and recorded before a judge.
(B) The judge certifies that the terms and consequences of the
consent were fully explained in detail in English and were fully
understood by the parent or that they were interpreted into a
language that the parent understood.
(C) A parent of an Indian child may withdraw his or her consent
for any reason at any time and the child shall be returned to the
parent.
(c) In the case of a voluntary placement pending relinquishment, a
county welfare department shall have the option of delegating to a
licensed private adoption agency the responsibility for placement by
the county welfare department. If such a delegation occurs, the
voluntary placement agreement shall be signed by the county welfare
department, the child's parent or guardian, and the licensed private
adoption agency.
(d) The State Department of Social Services shall amend its plan
pursuant to Part E (commencing with Section 670) of Subchapter IV of
Chapter 7 of Title 42 of the United States Code in order to conform
to mandates of Public Law 96-272 and Public Law 110-351 for federal
financial participation in voluntary placements.
SEC. 74. Section 16507.6 of the Welfare and Institutions Code is
amended to read:
16507.6. If a minor has been voluntarily placed with the county
welfare department subsequent to January 1, 1982, for out-of-home
placement by his or her parents or guardians pursuant to this chapter
and the minor has remained out of their physical custody for a
consecutive period not to exceed 180 days, the department shall do
one of the following:
(a) Return the minor to the physical custody of his or her parents
or guardians.
(b) Refer the minor to a licensed adoption agency for
consideration of adoptive planning and receipt of a permanent
relinquishment of care and custody rights from the parents pursuant
to Section 8700 of the Family Code.
(c) Apply for a petition pursuant to Section 332 and file the
petition with the juvenile court to have the minor declared a
dependent child of the court under Section 300.
(d) Apply for a petition pursuant to Section 332 and file a
petition with the juvenile court under subdivision (k) of Section 300
to have a guardianship with an approved relative ordered pursuant to
Section 360 if the child otherwise meets the conditions for
federally funded Kin-GAP as provided for in Article 4.7 (commencing
with Section 11385) of Chapter 2. The nonfederally eligible
child so placed with an approved relative caregiver shall be eligible
for aid under the state-funded Kin-GAP Program, as provided for in
Article 4.5 (commencing with Section 11360) of Chapter 2.
(e) Refer the minor placed pursuant to paragraph (2) of
subdivision (a) of Section 16507.3 to an interagency administrative
review board as may be required in federal regulations. One member of
the board shall be a licensed mental health practitioner. The review
board shall review the appropriateness and continued necessity of
six additional months of voluntary placement, the extent of the
compliance with the voluntary placement plan, and the adequacy of
services to the family and child. If the minor cannot be returned
home by the 12th month of voluntary placement services, the
department shall proceed pursuant to subdivisions (b), (c), or (d).
(f) Refer the minor placed pursuant to paragraph (1) of
subdivision (a) of Section 16507.3 to an administrative review board
as may be required in federal regulations and as described in
subdivision (b) of Section 16503. If the minor cannot be returned
home by the 12th month of voluntary placement services, the
department shall proceed as described in paragraph subdivisions (b),
(c), or (d).
SEC. 75. Section 16508 of the Welfare and Institutions Code is
amended to read:
16508. Permanent placement services shall be provided or arranged
for by county welfare department staff for children who cannot
safely live with their parents and are not likely to return to their
own homes. Permanent placement services shall be available without
regard to income to the following children:
(a) Children judged dependent under Section 300 where a review has
determined that reunification, adoption, or guardianship is
inappropriate.
(b) Recipients of public assistance under the nonfederally funded
Aid to Families with Dependent Children Foster Care program who are
wards of a legal guardian pursuant to Section 11405, where a review
has determined that reunification or adoption is inappropriate.
(c) Nonminor dependents, as defined in subdivision (v) of Section
11400, who are receiving AFDC-FC pursuant to Section 11403.
SEC. 76. No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for the purpose of implementing
this act.
SEC. 77. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other 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.