BILL NUMBER: AB 1325	CHAPTERED
	BILL TEXT

	CHAPTER  287
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 4, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2009
	AMENDED IN SENATE  SEPTEMBER 2, 2009
	AMENDED IN SENATE  AUGUST 19, 2009
	AMENDED IN ASSEMBLY  MAY 6, 2009
	AMENDED IN ASSEMBLY  APRIL 21, 2009

INTRODUCED BY   Assembly Members Cook and Beall
   (Principal coauthors: Assembly Members Coto and Lieu)
   (Principal coauthors: Senators Ducheny and Florez)

                        FEBRUARY 27, 2009

   An act to add and repeal Section 8600.5 of the Family Code, and to
amend, repeal, and add Sections 294, 358.1, 361.5, 366.21, 366.22,
366.25, 366.26, 366.3, 16120, 16508, and 16508.1 of, and to add and
repeal Section 366.24 of, the Welfare and Institutions Code, relating
to Indian children.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1325, Cook. Tribal customary adoption.
   (1) Existing law governs the removal of a child who has suffered
or is at risk of suffering abuse or neglect from the home of the
child's parent or guardian and the placement of that child in foster
care. These provisions require the juvenile court to, among other
things, conduct noticed detention, periodic status review, and
dispositional hearings regarding the child, and direct the court to
order, review, and receive into evidence social studies or
evaluations regarding the child, including recommendations for
placement. Under certain circumstances, the juvenile court may
terminate parental rights and place the child for adoption or in
long-term foster care, among other options for permanent placement.
These provisions require county social workers to conduct the social
studies or evaluations and to prepare reports and make
recommendations to the court regarding temporary and long-term
placement of the child, as specified.
   Existing federal law, the Indian Child Welfare Act, and state law
govern the placement of children who are or who may be Indian
children, as specified
   This bill would revise those provisions to require the juvenile
court and social workers to consider and recommend tribal customary
adoption, as defined, as an additional permanent placement option,
without termination of parental rights, for a dependent child. The
bill would provide that a tribal customary adoption order would have
the same force and effect as an order of adoption. By imposing new
duties on social workers, the bill would impose a state-mandated
local program.
   (2) Existing law governs independent and agency adoptions.
   This bill would specifically exempt tribal customary adoptions
from those provisions.
   (3) The bill would require the Judicial Council to adopt rules of
court and necessary forms to implement tribal customary adoption as a
permanent plan for Indian children before July 1, 2010. The bill
would also require the Judicial Council to complete a study of these
provisions and report its findings to the Legislature on or before
January 1, 2013.
   (4) The amendments implementing tribal customary adoption would
become operative on July 1, 2010, and would be repealed on January 1,
2014.
   (5) This bill would permit the Department of Social Services to
adopt emergency regulations to implement and administer the
provisions of this bill.
   (6) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


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

  SECTION 1.  Section 8600.5 is added to the Family Code, to read:
   8600.5.  (a) Tribal customary adoption as defined in Section
366.24 of the Welfare and Institutions Code and as applied to Indian
Children who are dependents of the court, does not apply to this
part.
   (b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 2.  Section 294 of the Welfare and Institutions Code is
amended to read:
   294.  The social worker or probation officer shall give notice of
a selection and implementation hearing held pursuant to Section
366.26 in the following manner:
   (a) Notice of the hearing shall be given to the following persons:

   (1) The mother.
   (2) The fathers, presumed and alleged.
   (3) The child, if the child is 10 years of age or older.
   (4) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (5) The grandparents of the child, if their address is known and
if the parent's whereabouts are unknown.
   (6) All counsel of record.
   (7) To any unknown parent by publication, if ordered by the court
pursuant to paragraph (2) of subdivision (g).
   (8) The current caregiver of the child, including foster parents,
relative caregivers, preadoptive parents, and nonrelative extended
family members. Any person notified may attend all hearings and may
submit any information he or she deems relevant to the court in
writing.
   (b) The following persons shall not be notified of the hearing:
   (1) A parent who has relinquished the child to the State
Department of Social Services or to a licensed adoption agency for
adoption, and the relinquishment has been accepted and filed with
notice as required under Section 8700 of the Family Code.
   (2) An alleged father who has denied paternity and has executed a
waiver of the right to notice of further proceedings.
   (3) A parent whose parental rights have been terminated.
   (c) (1) Service of the notice shall be completed at least 45 days
before the hearing date. Service is deemed complete at the time the
notice is personally delivered to the person named in the notice or
10 days after the notice has been placed in the mail, or at the
expiration of the time prescribed by the order for publication.
   (2) Service of notice in cases where publication is ordered shall
be completed at least 30 days before the date of the hearing.
   (d) Regardless of the type of notice required, or the manner in
which it is served, once the court has made the initial finding that
notice has properly been given to the parent, or to any person
entitled to receive notice pursuant to this section, subsequent
notice for any continuation of a Section 366.26 hearing may be by
first-class mail to any last known address, by an order made pursuant
to Section 296, or by any other means that the court determines is
reasonably calculated, under any circumstance, to provide notice of
the continued hearing. However, if the recommendation changes from
the recommendation contained in the notice previously found to be
proper, notice shall be provided to the parent, and to any person
entitled to receive notice pursuant to this section, regarding that
subsequent hearing.
   (e) The notice shall contain the following information:
   (1) The date, time, and place of the hearing.
   (2) The right to appear.
   (3) The parents' right to counsel.
   (4) The nature of the proceedings.
   (5) The recommendation of the supervising agency.
   (6) A statement that, at the time of hearing, the court is
required to select a permanent plan of adoption, legal guardianship,
or long-term foster care for the child.
   (f) Notice to the parents may be given in any one of the following
manners:
   (1) If the parent is present at the hearing at which the court
schedules a hearing pursuant to Section 366.26, the court shall
advise the parent of the date, time, and place of the proceedings,
their right to counsel, the nature of the proceedings, and the
requirement that at the proceedings the court shall select and
implement a plan of adoption, legal guardianship, or long-term foster
care for the child. The court shall direct the parent to appear for
the proceedings and then direct that the parent be notified
thereafter by first-class mail to the parent's usual place of
residence or business only.
   (2) Certified mail, return receipt requested, to the parent's last
known mailing address. This notice shall be sufficient if the child
welfare agency receives a return receipt signed by the parent.
   (3) Personal service to the parent named in the notice.
   (4) Delivery to a competent person who is at least 18 years of age
at the parent's usual place of residence or business, and thereafter
mailed to the parent named in the notice by first-class mail at the
place where the notice was delivered.
   (5) If the residence of the parent is outside the state, service
may be made as described in paragraph (1), (3), or (4) or by
certified mail, return receipt requested.
   (6) If the recommendation of the probation officer or social
worker is legal guardianship or long-term foster care, or, in the
case of an Indian child, tribal customary adoption, service may be
made by first-class mail to the parent's usual place of residence or
business.
   (7) If a parent's identity is known but his or her whereabouts are
unknown and the parent cannot, with reasonable diligence, be served
in any manner specified in paragraphs (1) to (6), inclusive, the
petitioner shall file an affidavit with the court at least 75 days
before the hearing date, stating the name of the parent and
describing the efforts made to locate and serve the parent.
   (A) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends adoption, service shall be to that parent'
s attorney of record, if any, by certified mail, return receipt
requested. If the parent does not have an attorney of record, the
court shall order that service be made by publication of citation
requiring the parent to appear at the date, time, and place stated in
the citation, and that the citation be published in a newspaper
designated as most likely to give notice to the parent. Publication
shall be made once a week for four consecutive weeks. Whether notice
is to the attorney of record or by publication, the court shall also
order that notice be given to the grandparents of the child, if their
identities and addresses are known, by first-class mail.
   (B) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends legal guardianship or long-term foster
care, no further notice is required to the parent, but the court
shall order that notice be given to the grandparents of the child, if
their identities and addresses are known, by first-class mail.
   (C) In any case where the residence of the parent becomes known,
notice shall immediately be served upon the parent as provided for in
either paragraph (2), (3), (4), (5), or (6).
   (g) (1) If the identity of one or both of the parents, or alleged
parents, of the child is unknown, or if the name of one or both
parents is uncertain, then that fact shall be set forth in the
affidavit filed with the court at least 75 days before the hearing
date and the court, consistent with the provisions of Sections 7665
and 7666 of the Family Code, shall issue an order dispensing with
notice to a natural parent or possible natural parent under this
section if, after inquiry and a determination that there has been due
diligence in attempting to identify the unknown parent, the court is
unable to identify the natural parent or possible natural parent and
no person has appeared claiming to be the natural parent.
   (2) After a determination that there has been due diligence in
attempting to identify an unknown parent pursuant to paragraph (1)
and the probation officer or social worker recommends adoption, the
court shall consider whether publication notice would be likely to
lead to actual notice to the unknown parent. The court may order
publication notice if, on the basis of all information before the
court, the court determines that notice by publication is likely to
lead to actual notice to the parent. If publication notice to an
unknown parent is ordered, the court shall order the published
citation to be directed to either the father or mother, or both, of
the child, and to all persons claiming to be the father or mother of
the child, naming and otherwise describing the child. An order of
publication pursuant to this paragraph shall be based on an affidavit
describing efforts made to identify the unknown parent or parents.
Service made by publication pursuant to this paragraph shall require
the unknown parent or parents to appear at the date, time, and place
stated in the citation. Publication shall be made once a week for
four consecutive weeks.
   (3) If the court determines that there has been due diligence in
attempting to identify one or both of the parents, or alleged
parents, of the child and the probation officer or social worker
recommends legal guardianship or long-term foster care, no further
notice to the parent shall be required.
   (h) Notice to the child and all counsel of record shall be by
first-class mail.
   (i) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.
   (j) Notwithstanding subdivision (a), if the attorney of record is
present at the time the court schedules a hearing pursuant to Section
366.26, no further notice is required, except as required by
subparagraph (A) of paragraph (7) of subdivision (f).
   (k) This section shall also apply to children adjudged wards
pursuant to Section 727.31.
   (l) The court shall state the reasons on the record explaining why
good cause exists for granting any continuance of a hearing held
pursuant to Section 366.26 to fulfill the requirements of this
section.
   (m) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 3.  Section 294 is added to the Welfare and Institutions Code,
to read:
   294.  The social worker or probation officer shall give notice of
a selection and implementation hearing held pursuant to Section
366.26 in the following manner:
   (a) Notice of the hearing shall be given to the following persons:

   (1) The mother.
   (2) The fathers, presumed and alleged.
   (3) The child, if the child is 10 years of age or older.
   (4) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (5) The grandparents of the child, if their address is known and
if the parent's whereabouts are unknown.
   (6) All counsel of record.
   (7) To any unknown parent by publication, if ordered by the court
pursuant to paragraph (2) of subdivision (g).
   (8) The current caregiver of the child, including foster parents,
relative caregivers, preadoptive parents, and nonrelative extended
family members. Any person notified may attend all hearings and may
submit any information he or she deems relevant to the court in
writing.
   (b) The following persons shall not be notified of the hearing:
   (1) A parent who has relinquished the child to the State
Department of Social Services or to a licensed adoption agency for
adoption, and the relinquishment has been accepted and filed with
notice as required under Section 8700 of the Family Code.
   (2) An alleged father who has denied paternity and has executed a
waiver of the right to notice of further proceedings.
   (3) A parent whose parental rights have been terminated.
   (c) (1) Service of the notice shall be completed at least 45 days
before the hearing date. Service is deemed complete at the time the
notice is personally delivered to the person named in the notice or
10 days after the notice has been placed in the mail, or at the
expiration of the time prescribed by the order for publication.
   (2) Service of notice in cases where publication is ordered shall
be completed at least 30 days before the date of the hearing.
   (d) Regardless of the type of notice required, or the manner in
which it is served, once the court has made the initial finding that
notice has properly been given to the parent, or to any person
entitled to receive notice pursuant to this section, subsequent
notice for any continuation of a Section 366.26 hearing may be by
first-class mail to any last known address, by an order made pursuant
to Section 296, or by any other means that the court determines is
reasonably calculated, under any circumstance, to provide notice of
the continued hearing. However, if the recommendation changes from
the recommendation contained in the notice previously found to be
proper, notice shall be provided to the parent, and to any person
entitled to receive notice pursuant to this section, regarding that
subsequent hearing.
   (e) The notice shall contain the following information:
   (1) The date, time, and place of the hearing.
   (2) The right to appear.
   (3) The parents' right to counsel.
   (4) The nature of the proceedings.
   (5) The recommendation of the supervising agency.
   (6) A statement that, at the time of hearing, the court is
required to select a permanent plan of adoption, legal guardianship,
or long-term foster care for the child.
   (f) Notice to the parents may be given in any one of the following
manners:
   (1) If the parent is present at the hearing at which the court
schedules a hearing pursuant to Section 366.26, the court shall
advise the parent of the date, time, and place of the proceedings,
their right to counsel, the nature of the proceedings, and the
requirement that at the proceedings the court shall select and
implement a plan of adoption, legal guardianship, or long-term foster
care for the child. The court shall direct the parent to appear for
the proceedings and then direct that the parent be notified
thereafter by first-class mail to the parent's usual place of
residence or business only.
   (2) Certified mail, return receipt requested, to the parent's last
known mailing address. This notice shall be sufficient if the child
welfare agency receives a return receipt signed by the parent.
   (3) Personal service to the parent named in the notice.
   (4) Delivery to a competent person who is at least 18 years of age
at the parent's usual place of residence or business, and thereafter
mailed to the parent named in the notice by first-class mail at the
place where the notice was delivered.
   (5) If the residence of the parent is outside the state, service
may be made as described in paragraph (1), (3), or (4) or by
certified mail, return receipt requested.
   (6) If the recommendation of the probation officer or social
worker is legal guardianship or long-term foster care, service may be
made by first-class mail to the parent's usual place of residence or
business.
   (7) If a parent's identity is known but his or her whereabouts are
unknown and the parent cannot, with reasonable diligence, be served
in any manner specified in paragraphs (1) to (6), inclusive, the
petitioner shall file an affidavit with the court at least 75 days
before the hearing date, stating the name of the parent and
describing the efforts made to locate and serve the parent.
   (A) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends adoption, service shall be to that parent'
s attorney of record, if any, by certified mail, return receipt
requested. If the parent does not have an attorney of record, the
court shall order that service be made by publication of citation
requiring the parent to appear at the date, time, and place stated in
the citation, and that the citation be published in a newspaper
designated as most likely to give notice to the parent. Publication
shall be made once a week for four consecutive weeks. Whether notice
is to the attorney of record or by publication, the court shall also
order that notice be given to the grandparents of the child, if their
identities and addresses are known, by first-class mail.
   (B) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends legal guardianship or long-term foster
care, no further notice is required to the parent, but the court
shall order that notice be given to the grandparents of the child, if
their identities and addresses are known, by first-class mail.
   (C) In any case where the residence of the parent becomes known,
notice shall immediately be served upon the parent as provided for in
either paragraph (2), (3), (4), (5), or (6).
   (g) (1) If the identity of one or both of the parents, or alleged
parents, of the child is unknown, or if the name of one or both
parents is uncertain, then that fact shall be set forth in the
affidavit filed with the court at least 75 days before the hearing
date and the court, consistent with the provisions of Sections 7665
and 7666 of the Family Code, shall issue an order dispensing with
notice to a natural parent or possible natural parent under this
section if, after inquiry and a determination that there has been due
diligence in attempting to identify the unknown parent, the court is
unable to identify the natural parent or possible natural parent and
no person has appeared claiming to be the natural parent.
   (2) After a determination that there has been due diligence in
attempting to identify an unknown parent pursuant to paragraph (1)
and the probation officer or social worker recommends adoption, the
court shall consider whether publication notice would be likely to
lead to actual notice to the unknown parent. The court may order
publication notice if, on the basis of all information before the
court, the court determines that notice by publication is likely to
lead to actual notice to the parent. If publication notice to an
unknown parent is ordered, the court shall order the published
citation to be directed to either the father or mother, or both, of
the child, and to all persons claiming to be the father or mother of
the child, naming and otherwise describing the child. An order of
publication pursuant to this paragraph shall be based on an affidavit
describing efforts made to identify the unknown parent or parents.
Service made by publication pursuant to this paragraph shall require
the unknown parent or parents to appear at the date, time, and place
stated in the citation. Publication shall be made once a week for
four consecutive weeks.
   (3) If the court determines that there has been due diligence in
attempting to identify one or both of the parents, or alleged
parents, of the child and the probation officer or social worker
recommends legal guardianship or long-term foster care, no further
notice to the parent shall be required.
   (h) Notice to the child and all counsel of record shall be by
first-class mail.
   (i) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.
   (j) Notwithstanding subdivision (a), if the attorney of record is
present at the time the court schedules a hearing pursuant to Section
366.26, no further notice is required, except as required by
subparagraph (A) of paragraph (7) of subdivision (f).
   (k) This section shall also apply to children adjudged wards
pursuant to Section 727.31.
   (l) The court shall state the reasons on the record explaining why
good cause exists for granting any continuance of a hearing held
pursuant to Section 366.26 to fulfill the requirements of this
section.
   (m) This section shall become operative on January 1, 2014.
  SEC. 4.  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) For an Indian child, in consultation with the Indian child's
tribe, whether tribal customary adoption is an appropriate permanent
plan for the child if reunification is unsuccessful.
   (k) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 5.  Section 358.1 is added to the Welfare and Institutions
Code, 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) This section shall become operative on January 1, 2014.
  SEC. 6.  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 beginning with the
dispositional hearing and ending 12 months after the date the child
entered foster care as defined in Section 361.49, 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 for a period
of six months from the dispositional hearing as provided in
subdivision (e) of Section 366.21, but no longer than 12 months from
the date the child entered foster care as defined in Section 361.49
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 for some or all of the sibling group may be
limited as set forth in subparagraph (B). 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.
   (2) 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 subparagraph (A) of paragraph (1), or
prior to the hearing set pursuant to subdivision (e) of Section
366.21 for a child described by subparagraph (B) or (C) of paragraph
(1), shall be made pursuant to the requirements set forth in
subdivision (c) of Section 388. A motion to terminate court-ordered
reunification services shall not be required at the hearing set
pursuant to subdivision (e) of Section 366.21 if the court finds by
clear and convincing evidence one of the following:
   (A) That the child was removed initially under subdivision (g) of
Section 300 and the whereabouts of the parent are still unknown.
   (B) That the parent has failed to contact and visit the child.
   (C) That the parent has been convicted of a felony indicating
parental unfitness.
   (3) 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).
   (4) Notwithstanding paragraph (3), 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, or in the case of an Indian child, in
consultation with the child's tribe, tribal customary adoption, 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, including, when, in consultation with the
child's tribe, tribal customary adoption is recommended, 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 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, including a
prospective tribal customary adoptive parent, particularly the
caretaker, to include a social history including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship. If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3. 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, including a prospective tribal customary
parent, the duration and character of the relationship, the
motivation for seeking adoption or guardianship, and a statement from
the child concerning placement and the adoption or guardianship,
unless the child's age or physical, emotional, or other condition
precludes his or her meaningful response, and if so, a description of
the condition.
   (F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (G) In the case of an Indian child, in addition to subparagraphs
(A) to (F), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child's tribe, a
customary tribal adoption, as defined in Section 366.24, is
recommended. If tribal customary adoption is recommended, the
assessment shall include an analysis of both of the following:
   (i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.
   (ii) Whether the Indian child cannot or should not be returned to
the home of the Indian parent or Indian custodian and the reasons for
reaching that conclusion.
   (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) 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.
   (i) 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.
   (j) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 7.  Section 361.5 is added to the Welfare and Institutions
Code, 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 beginning with the
dispositional hearing and ending 12 months after the date the child
entered foster care as defined in Section 361.49, 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 for a period
of six months from the dispositional hearing as provided in
subdivision (e) of Section 366.21, but no longer than 12 months from
the date the child entered foster care as defined in Section 361.49
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 for some or all of the sibling group may be
limited as set forth in subparagraph (B). 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.
   (2) 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 subparagraph (A) of paragraph (1), or
prior to the hearing set pursuant to subdivision (e) of Section
366.21 for a child described by subparagraph (B) or (C) of paragraph
(1), shall be made pursuant to the requirements set forth in
subdivision (c) of Section 388. A motion to terminate court-ordered
reunification services shall not be required at the hearing set
pursuant to subdivision (e) of Section 366.21 if the court finds by
clear and convincing evidence one of the following:
   (A) That the child was removed initially under subdivision (g) of
Section 300 and the whereabouts of the parent are still unknown.
   (B) That the parent has failed to contact and visit the child.
   (C) That the parent has been convicted of a felony indicating
parental unfitness.
   (3) 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).
   (4) Notwithstanding paragraph (3), 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.
   (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, 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. 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 motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (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) 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.
   (i) 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.
   (j) This section shall become operative on January 1, 2014.
  SEC. 8.  Section 366.21 of the Welfare and Institutions Code is
amended to read:
   366.21.  (a) Every hearing conducted by the juvenile court
reviewing the status of a dependent child shall be placed on the
appearance calendar. The court shall advise all persons present at
the hearing of the date of the future hearing and of their right to
be present and represented by counsel.
   (b) Except as provided in Sections 294 and 295, notice of the
hearing shall be provided pursuant to Section 293.
   (c) At least 10 calendar days prior to the hearing, the social
worker shall file a supplemental report with the court regarding the
services provided or offered to the parent or legal guardian to
enable him or her to assume custody and the efforts made to achieve
legal permanence for the child if efforts to reunify fail, 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, or in the case of an Indian child, in
consultation with the child's tribe, tribal customary adoption, 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, but no later than 12 months after the date the
child entered foster care as determined in Section 361.49, whichever
occurs earlier, 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 Section 361.49. 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.
   (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 may not preclude a different
recommendation at a later date if the child's circumstances change.
   If the court orders that a child who is 10 years of age or older
remain in long-term foster care, 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, including, when, in consultation with the child's tribe,
tribal customary adoption is recommended, 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,
including the prospective tribal customary adoptive parent,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed guardian is a relative of
the minor, and the relative was assessed for foster care placement
of the minor prior to January 1, 1998, the assessment shall also
consider, but need not be limited to, all of the factors specified in
subdivision (a) of Section 361.3.
   (E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (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.
   (H) In the case of an Indian child, in addition to subparagraphs
(A) to (G), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child's tribe, a
customary tribal adoption, as defined in Section 366.24, is
recommended. If tribal customary adoption is recommended, the
assessment shall include an analysis of both of the following:
   (i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.
   (ii) Whether the Indian child cannot or should not be returned to
the home of the Indian parent or Indian custodian and the reasons for
reaching that conclusion.
   (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, and
juvenile court dependency is subsequently dismissed, the relative
shall be eligible for aid under the Kin-GAP Program, as provided for
in Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3
of Division 9.
   (k) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
   (l) For purposes of this section, evidence of any of the following
circumstances 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.
   (n) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 9.  Section 366.21 is added to the Welfare and Institutions
Code, 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, but no later than 12 months after the date the
child entered foster care as determined in Section 361.49, whichever
occurs earlier, 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 Section 361.49. 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.
   (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 may not preclude a different
recommendation at a later date if the child's circumstances change.
   If the court orders that a child who is 10 years of age or older
remain in long-term foster care, 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, 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.
   (E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (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, and
juvenile court dependency is subsequently dismissed, the relative
shall be eligible for aid under the Kin-GAP Program, as provided for
in Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3
of Division 9.
   (k) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
   (l) For purposes of this section, evidence of any of the following
circumstances 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.
   (n) This section shall become operative on January 1, 2014.
  SEC. 10.  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, or, in the
case of an Indian child, in consultation with the child's tribe,
tribal customary adoption, guardianship, or long-term foster care is
the most appropriate plan for the child. 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 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, including when a tribal customary adoption is recommended,
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.
   (E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the motivation for seeking adoption or legal
guardianship, and a statement from the child concerning placement and
the adoption or legal guardianship, unless the child's age or
physical, emotional, or other condition precludes his or her
meaningful response, and if so, a description of the condition.
   (F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (G) In the case of an Indian child, in addition to subparagraphs
(A) to (F), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child's tribe, a
customary tribal adoption, as defined in Section 366.24, is
recommended. If tribal customary adoption is recommended, the
assessment shall include an analysis of both of the following:
   (i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.
   (ii) Whether the Indian child cannot or should not be returned to
the home of the Indian parent or Indian custodian and the reasons for
reaching that conclusion.
   (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, and juvenile court
dependency is subsequently dismissed, the relative shall be eligible
for aid under the Kin-GAP Program, as provided for in Article 4.5
(commencing with Section 11360) 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.
   (g) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 11.  Section 366.22 is added to the Welfare and Institutions
Code, 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.
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 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.
   (E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the motivation for seeking adoption or legal
guardianship, and a statement from the child concerning placement and
the adoption or legal guardianship, unless the child's age or
physical, emotional, or other condition precludes his or her
meaningful response, and if so, a description of the condition.
   (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, and juvenile court
dependency is subsequently
        dismissed, the relative shall be eligible for aid under the
Kin-GAP Program, as provided for in Article 4.5 (commencing with
Section 11360) 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.
   (g) This section shall become operative on January 1, 2014.
  SEC. 12.  Section 366.24 is added to the Welfare and Institutions
Code, to read:
   366.24.  (a) For purposes of this section, "tribal customary
adoption" means adoption by and through the tribal custom,
traditions, or law of an Indian child's tribe. Termination of
parental rights is not required to effect the tribal customary
adoption.
   (b) Whenever an assessment is ordered pursuant to Section 361.5,
366.21, 366.22, 366.25, or 366.26 for Indian children, the assessment
shall address the option of tribal customary adoption.
   (c) For purposes of Section 366.26, in the case of tribal
customary adoptions, all of the following apply:
   (1) The child's tribe or the tribe's designee shall conduct a
tribal customary adoptive home study prior to final approval of the
tribal customary adoptive placement.
   (A) Where a tribal designee is conducting the home study, the
designee shall do so in consultation with the Indian child's tribe.
The designee may include a licensed county adoption agency, the State
Department of Social Services when it is acting as an adoption
agency in counties not served by a county adoption agency, or a
California licensed adoption agency. Any tribal designee must be an
entity authorized to request a search of the Child Abuse Central
Index and, if necessary, a check of any other state's child abuse and
neglect registry and authorized to request a search for state or
federal level criminal offender records information through the
Department of Justice.
   (B) The standard for the evaluation of the prospective adoptive
parents' home shall be the prevailing social and cultural standard of
the child's tribe. The home study shall include an evaluation of the
background, safety and health information of the adoptive home,
including the biological, psychological and social factors of the
prospective adoptive parent or parents and an assessment of the
commitment, capability and suitability of the prospective adoptive
parent or parents to meet the child's needs.
   (2) In all cases, an in-state check of the Child Abuse Central
Index and, if necessary, a check of any other state's child abuse and
neglect registry shall be conducted. If the tribe chooses a designee
to conduct the home study, the designee shall perform a check of the
Child Abuse Central Index pursuant to Section 1522.1 of the Health
and Safety Code as it applies to prospective adoptive parents and
persons over 18 years of age residing in their household. If the
tribe conducts its own home study, the agency that has the placement
and care responsibility of the child shall perform the check.
   (3) In all cases prior to final approval of the tribal customary
adoptive placement, a state and federal criminal background check
through the Department of Justice shall be conducted on the
prospective tribal customary adoptive parents and of persons over 18
years of age residing in their household. If the tribe chooses a
designee to conduct the home study, the designee shall perform the
state and federal criminal background checks. If the tribe conducts
its own home study, the agency that has the placement and care
responsibility of the child, shall perform the state and federal
criminal background check. An individual who is the subject of the
check may be provided, by the entity performing the background check,
a copy of his or her state or federal level criminal offender record
information search response as provided to that entity by the
Department of Justice if the entity has denied a criminal background
clearance based on this information and the individual makes a
written request to the entity for a copy specifying an address to
which it is to be sent. The state or federal level criminal offender
record information search response shall not be modified or altered
from its form or content as provided by the Department of Justice and
shall be provided to the address specified by the individual in his
or her written request. The entity shall retain a copy of the
individual's written request and the response and date provided.
   (4) If federal or state law provides that tribes may conduct all
required background checks for prospective adoptive parents, the
tribally administered background checks shall satisfy the
requirements of this section, so long as the standards for the
background checks are the same as those applied to all other
prospective adoptive parents in the State of California.
   (5) Under no circumstances shall final approval be granted for an
adoptive placement in any home if the prospective adoptive parent or
any adult living in the prospective tribal customary adoptive home
has any of the following:
   (A) A felony conviction for child abuse or neglect, spousal abuse,
crimes against a child, including child pornography, or a crime
involving violence, including rape, sexual assault, or homicide, but
not including other physical assault and battery. For purposes of
this subdivision, crimes involving violence means those violent
crimes contained in clause (i) of subparagraph (A) and subparagraph
(B), or paragraph (1) of, subdivision (g) of Section 1522 of the
Health and Safety Code.
   (B) A felony conviction that occurred within the last five years
for physical assault, battery, or a drug-related offense.
   (6) If the tribe identifies tribal customary adoption as the
permanent placement plan for the Indian child, the court may continue
the selection and implementation hearing governed by Section 366.26
for a period not to exceed 120 days to permit the tribe to complete
the process for tribal customary adoption and file with the court a
tribal customary adoption order evidencing that a tribal customary
adoption has been completed. The tribe shall file with the court the
tribal customary adoption order no less than 20 days prior to the
date set by the court for the continued selection and implementation
hearing. The department shall file with the court the addendum
selection and implementation hearing court report no less than seven
days prior to the date set by the court for the continued selection
and implementation hearing. The court shall have discretion to grant
an additional continuance to the tribe for filing a tribal customary
adoption order up to, but not exceeding, 60 days. If the child's
tribe does not file the tribal customary adoption order within the
designated time period, the court shall make new findings and orders
pursuant to subdivision (b) of Section 366.26 and this subdivision to
determine the best permanent plan for the child.
   (7) The child, birth parents, or Indian custodian and the tribal
customary adoptive parents and their counsel, if applicable, may
present evidence to the tribe regarding the tribal customary adoption
and the child's best interest.
   (8) Upon the court affording full faith and credit to the tribal
customary adoption order and the tribe's approval of the home study,
the child shall be eligible for tribal customary adoptive placement.
The agency that has placement and care responsibility of the child
shall be authorized to make a tribal customary adoptive placement and
sign a tribal customary adoptive placement agreement and,
thereafter, shall sign the adoption assistance agreement pursuant to
subdivision (g) of Section 16120. The prospective adoptive parent or
parents desiring to adopt the child may then file the petition for
adoption. The agency shall supervise the adoptive placement for a
period of six months unless either of the following circumstances
exists:
   (A) The child to be adopted is a foster child of the prospective
adoptive parents whose foster care placement has been supervised by
an agency before the signing of the adoptive placement agreement in
which case the supervisory period may be shortened by one month for
each full month that the child has been in foster care with the
family.
   (B) The child to be adopted is placed with a relative with whom
they have an established relationship.
   (9) All licensed public adoption agencies shall cooperate with and
assist the department in devising a plan that will effectuate the
effective and discreet transmission to tribal customary adoptees or
prospective tribal customary adoptive parents of pertinent medical
information reported to the department or the licensed public
adoption agency, upon the request of the person reporting the medical
information.
   (A) A licensed public adoption agency may not place a child for
tribal customary adoption unless a written report on the child's
medical background and, if available, the medical background on the
child's biological parents, so far as ascertainable, has been
submitted to the prospective tribal customary adoptive parents and
they have acknowledged in writing the receipt of the report.
   (B) The report on the child's background shall contain all known
diagnostic information, including current medical reports on the
child, psychological evaluations, and scholastic information, as well
as all known information regarding the child's developmental
history.
   (10) The tribal customary adoption order shall include, but not be
limited to, a description of (A) the modification of the legal
relationship of the birth parents or Indian custodian and the child,
including contact, if any, between the child and the birth parents or
Indian custodian, responsibilities of the birth parents or Indian
custodian, and the rights of inheritance of the child and (B) the
child's legal relationship with the tribe. The order shall not
include any child support obligation from the birth parents or Indian
custodian. There shall be a conclusive presumption that any parental
rights or obligations not specified in the tribal customary adoption
order shall vest in the tribal customary adoptive parents.
   (11) Prior consent to a permanent plan of tribal customary
adoption of an Indian child shall not be required of an Indian parent
or Indian custodian whose parental relationship to the child will be
modified by the tribal customary adoption.
   (12) After the prospective adoptive parent or parents desiring to
adopt the child have filed the adoption petition, the agency that has
placement, care and responsibility for the child shall submit to the
court, a full and final report of the facts of the proposed tribal
customary adoption. The requisite elements of the final court report
shall be those specified for court reports in the department's
regulations governing agency adoptions.
   (13) Notwithstanding any other provision of law, after the tribal
customary adoption order has been issued and afforded full faith and
credit by the state court, the tribal customary adoptive parents
shall have all of the rights and privileges afforded to, and are
subject to all the duties of, any other adoptive parent or parents
pursuant to the laws of this state.
   (14) Consistent with Section 366.3, after the tribal customary
adoption has been afforded full faith and credit and a final adoption
decree has been issued, the court shall terminate its jurisdiction
over the Indian child.
   (15) Nothing in this section is intended to prevent the transfer
of those proceedings to a tribal court where transfer is otherwise
permitted under applicable law.
   (d) The following disclosure provisions shall apply to tribal
customary adoptions:
   (1) The petition, agreement, order, report to the court from any
investigating agency, and any power of attorney filed in a tribal
customary adoption proceeding is not open to inspection by any person
other than the parties to the proceeding and their attorneys and the
department, except upon the written authority of the judge of the
juvenile court. A judge may not authorize anyone to inspect the
petition, agreement, order, report to the court from any
investigating agency, and any power of attorney except in exceptional
circumstances and for good cause approaching the necessitous.
   (2) Except as otherwise permitted or required by statute, neither
the department nor any licensed adoption agency shall release
information that would identify persons who receive, or have
received, tribal customary adoption services. However, employees of
the department and licensed adoption agencies shall release to the
State Department of Social Services any requested information,
including identifying information, for the purpose of recordkeeping
and monitoring, evaluation, and regulation of the provision of tribal
customary adoption services.
   (3) The department and any licensed adoption agency may, upon
written authorization for the release of specified information by the
subject of that information, share information regarding a
prospective tribal customary adoptive parent or birth parent with
other social service agencies, including the department and other
licensed adoption agencies, or providers of health care as defined in
Section 56.05 of the Civil Code.
   (4) Notwithstanding any other law, the department and any other
licensed adoption agency may furnish information relating to a tribal
customary adoption petition or to a child in the custody of the
department or any licensed public adoption agency to the juvenile
court, county welfare department, public welfare agency, private
welfare agency licensed by the department, provider of foster care
services, potential adoptive parents, or provider of health care as
defined in Section 56.05 of the Civil Code, if it is believed the
child's welfare will be promoted thereby.
   (5) The department and any licensed adoption agency may make
tribal customary adoption case records, including identifying
information, available for research purposes, provided that the
research will not result in the disclosure of the identity of the
child or the parties to the tribal customary adoption to anyone other
than the entity conducting the research.
   (e) This section shall remain operative only to the extent that
compliance with its provisions does not conflict with federal law as
a condition of receiving funding under Title IV-E or the federal
Social Security Act (42 U.S.C. Sec. 670 et seq.).
   (f) The Judicial Council shall adopt rules of court and necessary
forms required to implement tribal customary adoption as a permanent
plan for dependent Indian children. The Judicial Council shall study
California's tribal customary adoption provisions and their affects
on children, birth parents, adoptive parents, Indian custodians,
tribes, and the court, and shall report all of its findings to the
Legislature on or before January 1, 2013. The report shall include,
but not be limited to, the following:
   (1) The number of families served and the number of completed
tribal customary adoptions.
   (2) The length of time it takes to complete a tribal customary
adoption.
   (3) The challenges faced by social workers, court, and tribes in
completing tribal customary adoptions.
   (4) The benefits or detriments to Indian children from a tribal
customary adoption.
   (g) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 13.  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, or, in the case of an Indian child, tribal
customary adoption, guardianship, or long-term foster care is the
most appropriate plan for the child. 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 or, in the case of an Indian child, tribal
customary adoption, and has no one willing to accept legal
guardianship, then the court may, only under these circumstances,
order that the child remain in 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,
including a prospective tribal customary adoptive parent,
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.
   (E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, including a prospective tribal
customary adoptive parent, the duration and character of the
relationship, the motivation for seeking adoption or legal
guardianship, and a statement from the child concerning placement and
the adoption or legal guardianship, unless the child's age or
physical, emotional, or other condition precludes his or her
meaningful response, and if so, a description of the condition.
   (F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (G) In the case of an Indian child, in addition to subparagraphs
(A) to (F), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child's tribe, a
customary tribal adoption, as defined in Section 366.24, is
recommended. If tribal customary adoption is recommended, the
assessment shall include an analysis of both of the following:
   (i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.
   (ii) Whether the Indian child cannot or should not be returned to
the home of the Indian parent or Indian custodian and the reasons for
reaching that conclusion.
   (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, and
juvenile court dependency is subsequently dismissed, the relative
shall be eligible for aid under the Kin-GAP Program, as provided for
in Article 4.5 (commencing with Section 11360) 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.
   (f) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 14.  Section 366.25 is added to the Welfare and Institutions
Code, 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. 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
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, 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.
   (E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the motivation for seeking adoption or legal
guardianship, and a statement from the child concerning placement and
the adoption or legal guardianship, unless the child's age or
physical, emotional, or other condition precludes his or her
meaningful response, and if so, a description of the condition.
   (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, and
juvenile court dependency is subsequently dismissed, the relative
shall be eligible for aid under the Kin-GAP Program, as provided for
in Article 4.5 (commencing with Section 11360) 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.
   (f) This section shall become operative on January 1, 2014.
  SEC. 15.  Section 366.26 of the Welfare and Institutions Code is
amended to read:
   366.26.  (a) This section applies to children who are adjudged
dependent children of the juvenile court pursuant to subdivision (d)
of Section 360. The procedures specified herein are the exclusive
procedures for conducting these hearings; Part 2 (commencing with
Section 3020) of Division 8 of the Family Code is not applicable to
these proceedings. Section 8616.5 of the Family Code is applicable
and available to all dependent children meeting the requirements of
that section, if the postadoption contact agreement has been entered
into voluntarily. For children who are adjudged dependent children of
the juvenile court pursuant to subdivision (d) of Section 360, this
section and Sections 8604, 8605, 8606, and 8700 of the Family Code
and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12
of the Family Code specify the exclusive procedures for permanently
terminating parental rights with regard to, or establishing legal
guardianship of, the child while the child is a dependent child of
the juvenile court.
   (b) At the hearing, which shall be held in juvenile court for all
children who are dependents of the juvenile court, the court, in
order to provide stable, permanent homes for these children, shall
review the report as specified in Section 361.5, 366.21, 366.22, or
366.25, shall indicate that the court has read and considered it,
shall receive other evidence that the parties may present, and then
shall make findings and orders in the following order of preference:
   (1) Terminate the rights of the parent or parents and order that
the child be placed for adoption and, upon the filing of a petition
for adoption in the juvenile court, order that a hearing be set. The
court shall proceed with the adoption after the appellate rights of
the natural parents have been exhausted.
   (2) Order, without termination of parental rights, the plan of
tribal customary adoption, as described in Section 366.24, through
tribal custom, traditions, or law of the Indian child's tribe, and
upon the court affording the tribal customary adoption order full
faith and credit at the continued selection and implementation
hearing, order that a hearing be set pursuant to paragraph (2) of
subdivision (e).
   (3) Appoint a relative or relatives with whom the child is
currently residing as legal guardian or guardians for the child, and
order that letters of guardianship issue.
   (4) On making a finding under paragraph (3) of subdivision (c),
identify adoption or tribal customary adoption as the permanent
placement goal and order that efforts be made to locate an
appropriate adoptive family for the child within a period not to
exceed 180 days.
   (5) Appoint a nonrelative legal guardian for the child and order
that letters of guardianship issue.
   (6) Order that the child be placed in long-term foster care,
subject to the periodic review of the juvenile court under Section
366.3.
   In choosing among the above alternatives the court shall proceed
pursuant to subdivision (c).
   (c) (1) If the court determines, based on the assessment provided
as ordered under subdivision (i) of Section 366.21, subdivision (b)
of Section 366.22, or subdivision (b) of Section 366.25, and any
other relevant evidence, by a clear and convincing standard, that it
is likely the child will be adopted, the court shall terminate
parental rights and order the child placed for adoption. The fact
that the child is not yet placed in a preadoptive home nor with a
relative or foster family who is prepared to adopt the child, shall
not constitute a basis for the court to conclude that it is not
likely the child will be adopted. A finding under subdivision (b) or
paragraph (1) of subdivision (e) of Section 361.5 that reunification
services shall not be offered, under subdivision (e) of Section
366.21 that the whereabouts of a parent have been unknown for six
months or that the parent has failed to visit or contact the child
for six months, or that the parent has been convicted of a felony
indicating parental unfitness, or, under Section 366.21 or 366.22,
that the court has continued to remove the child from the custody of
the parent or guardian and has terminated reunification services,
shall constitute a sufficient basis for termination of parental
rights. Under these circumstances, the court shall terminate parental
rights unless either of the following applies:
   (A) The child is living with a relative who is unable or unwilling
to adopt the child because of circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, but who is willing and capable of providing the child with a
stable and permanent environment through legal guardianship, and the
removal of the child from the custody of his or her relative would be
detrimental to the emotional well-being of the child. For purposes
of an Indian child, "relative" shall include an "extended family
member," as defined in the federal Indian Child Welfare Act (25
U.S.C. Sec. 1903(2)).
   (B) The court finds a compelling reason for determining that
termination would be detrimental to the child due to one or more of
the following circumstances:
   (i) The parents have maintained regular visitation and contact
with the child and the child would benefit from continuing the
relationship.
   (ii) A child 12 years of age or older objects to termination of
parental rights.
   (iii) The child is placed in a residential treatment facility,
adoption is unlikely or undesirable, and continuation of parental
rights will not prevent finding the child a permanent family
placement if the parents cannot resume custody when residential care
is no longer needed.
   (iv) The child is living with a foster parent or Indian custodian
who is unable or unwilling to adopt the child because of exceptional
circumstances, that do not include an unwillingness to accept legal
or financial responsibility for the child, but who is willing and
capable of providing the child with a stable and permanent
environment and the removal of the child from the physical custody of
his or her foster parent or Indian custodian would be detrimental to
the emotional well-being of the child. This clause does not apply to
any child who is either (I) under six years of age or (II) a member
of a sibling group where at least one child is under six years of age
and the siblings are, or should be, permanently placed together.
   (v) There would be substantial interference with a child's sibling
relationship, taking into consideration the nature and extent of the
relationship, including, but not limited to, whether the child was
raised with a sibling in the same home, whether the child shared
significant common experiences or has existing close and strong bonds
with a sibling, and whether ongoing contact is in the child's best
interest, including the child's long-term emotional interest, as
compared to the benefit of legal permanence through adoption.
   (vi) The child is an Indian child and there is a compelling reason
for determining that termination of parental rights would not be in
the best interest of the child, including, but not limited to:
   (I) Termination of parental rights would substantially interfere
with the child's connection to his or her tribal community or the
child's tribal membership rights.
   (II) The child's tribe has identified guardianship, long-term
foster care with a fit and willing relative, tribal customary
adoption, or another planned permanent living arrangement for the
child.
   (C) For purposes of subparagraph (B), in the case of tribal
customary adoptions, Section 366.24 shall apply.
   (D) If the court finds that termination of parental rights would
be detrimental to the child pursuant to clause (i), (ii), (iii),
(iv), (v), or (vi), it shall state its reasons in writing or on the
record.
   (2) The court shall not terminate parental rights if:
   (A) At each hearing at which the court was required to consider
reasonable efforts or services, the court has found that reasonable
efforts were not made or that reasonable services were not offered or
provided.
   (B) In the case of an Indian child:
   (i) At the hearing terminating parental rights, the court has
found that active efforts were not made as required in Section 361.7.

   (ii) The court does not make a determination at the hearing
terminating parental rights, supported by evidence beyond a
reasonable doubt, including testimony of one or more "qualified
expert witnesses" as defined in Section 224.6, that the continued
custody of the child by the parent is likely to result in serious
emotional or physical damage to the child.
   (iii) The court has ordered tribal customary adoption pursuant to
Section 366.24.
   (3) If the court finds that termination of parental rights would
not be detrimental to the child pursuant to paragraph (1) and that
the child has a probability for adoption but is difficult to place
for adoption and there is no identified or available prospective
adoptive parent, the court may identify adoption as the permanent
placement goal and without terminating parental rights, order that
efforts be made to locate an appropriate adoptive family for the
child, within the state or out of the state, within a period not to
exceed 180 days. During this 180-day period, the public agency
responsible for seeking adoptive parents for each child shall, to the
extent possible, ask each child who is 10 years of age or older, to
identify any individuals, other than the child's siblings, who are
important to the child, in order to identify potential adoptive
parents. The public agency may ask any other child to provide that
information, as appropriate. During the 180-day period, the public
agency shall, to the extent possible, contact other private and
public adoption agencies regarding the availability of the child for
adoption. During the 180-day period, the public agency shall conduct
the search for adoptive parents in the same manner as prescribed for
children in Sections 8708 and 8709 of the Family Code. At the
expiration of this period, another hearing shall be held and the
court shall proceed pursuant to paragraph (1), (2), (3), (5), or (6)
of subdivision (b). For purposes of this section, a child may only be
found to be difficult to place for adoption if there is no
identified or available prospective adoptive parent for the child
because of the child's membership in a sibling group, or the presence
of a diagnosed medical, physical, or mental handicap, or the child
is seven years of age or more.
   (4) (A) If the court finds that adoption of the child or
termination of parental rights is not in the best interest of the
child, because one of the conditions in clause (i), (ii), (iii),
(iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in
paragraph (2) applies, the court shall either order that the present
caretakers or other appropriate persons shall become legal guardians
of the child order that the child remain in long-term foster care,
or, in the case of an Indian child, consider a tribal customary
adoption pursuant to Section 366.24. Legal guardianship shall be
considered before long-term foster care, if it is in the best
interests of the child and if a suitable guardian can be found. A
child who is 10 years of age or older, shall be asked to identify any
individuals, other than the child's siblings, who are important to
the child, in order to identify potential guardians or, in the case
of an Indian child, prospective tribal customary adoptive parents.
The agency may ask any other child to provide that information, as
appropriate.
   (B) If the child is living with a relative or a foster parent who
is willing and capable of providing a stable and permanent
environment, but not willing to become a legal guardian, the child
shall not be removed from the home if the court finds the removal
would be seriously detrimental to the emotional well-being of the
child because the child has substantial psychological ties to the
relative caretaker or foster parents.
   (C) The court shall also make an order for visitation with the
parents or guardians unless the court finds by a preponderance of the
evidence that the visitation would be detrimental to the physical or
emotional well-being of the child.
   (5) If the court finds that the child should not be placed for
adoption, that legal guardianship shall not be established, and that
there are no suitable foster parents except exclusive-use homes
available to provide the child with a stable and permanent
environment, the court may order the care, custody, and control of
the child transferred from the county welfare department to a
licensed foster family agency. The court shall consider the written
recommendation of the county welfare director regarding the
suitability of the transfer. The transfer shall be subject to further
court orders.
   The licensed foster family agency shall place the child in a
suitable licensed or exclusive-use home that has been certified by
the agency as meeting licensing standards. The licensed foster family
agency shall be responsible for supporting the child and providing
appropriate services to the child, including those services ordered
by the court. Responsibility for the support of the child shall not,
in and of itself, create liability on the part of the foster family
agency to third persons injured by the child. Those children whose
care, custody, and control are transferred to a foster family agency
shall not be eligible for foster care maintenance payments or child
welfare services, except for emergency response services pursuant to
Section 16504.
   (d) The proceeding for the appointment of a guardian for a child
who is a dependent of the juvenile court shall be in the juvenile
court. If the court finds pursuant to this section that legal
guardianship is the appropriate permanent plan, it shall appoint the
legal guardian and issue letters of guardianship. The assessment
prepared pursuant to subdivision (g) of Section 361.5, subdivision
(i) of Section 366.21, subdivision (b) of Section 366.22, and
subdivision (b) of Section 366.25 shall be read and considered by the
court prior to the appointment, and this shall be reflected in the
minutes of the court. The person preparing the assessment may be
called and examined by any party to the proceeding.
   (e) (1) The proceeding for the adoption of a child who is a
dependent of the juvenile court shall be in the juvenile court if the
court finds pursuant to this section that adoption is the
appropriate permanent plan and the petition for adoption is filed in
the juvenile court. Upon the filing of a petition for adoption, the
juvenile court shall order that an adoption hearing be set. The court
shall proceed with the adoption after the appellate rights of the
natural parents have been exhausted. The full report required by
Section 8715 of the Family Code shall be read and considered by the
court prior to the adoption and this shall be reflected in the
minutes of the court. The person preparing the report may be called
and examined by any party to the proceeding. It is the intent of the
Legislature, pursuant to this subdivision, to give potential adoptive
parents the option of filing in the juvenile court the petition for
the adoption of a child who is a dependent of the juvenile court.
Nothing in this section is intended to prevent the filing of a
petition for adoption in any other court as permitted by law, instead
of in the juvenile court.
   (2) In the case of an Indian child, if the Indian child's tribe
has elected a permanent plan of tribal customary adoption, the court,
upon receiving the tribal customary adoption order will afford the
tribal customary adoption order full faith and credit to the same
extent that the court would afford full faith and credit to the
public acts, records, judicial proceedings, and judgments of any
other entity. Upon a determination that the tribal customary adoption
order may be afforded full faith and credit, consistent with Section
224.5, the court shall thereafter order a hearing to finalize the
adoption be set upon the filing of the adoption petition. The
prospective tribal customary adoptive parents and the child who is
the subject of the tribal customary adoption petition shall appear
before the court for the finalization hearing. The court shall
thereafter issue an order of adoption pursuant to Section 366.24.
   (3) If a child who is the subject of a finalized tribal customary
adoption shows evidence of a developmental disability or mental
illness as a result of conditions existing before the tribal
customary adoption to the extent that the child cannot be
relinquished to a licensed adoption agency on the grounds that the
child is considered unadoptable, and of which condition the tribal
customary adoptive parent or parents had no knowledge or notice
before the entry of the tribal customary adoption order, a petition
setting forth those facts may be filed by the tribal customary
adoptive parent or parents with the juvenile court that granted the
tribal customary adoption petition. If these facts are proved to the
satisfaction of the juvenile court, it may make an order setting
aside the tribal customary adoption order. The set aside petition
shall be filed within five years of the issuance of the tribal
customary adoption order. The court clerk shall immediately notify
the child's tribe and the department in Sacramento of the petition
within 60 days after the notice of filing of the petition. The
department shall file a full report with the court and shall appear
before the court for the purpose of representing the child. Whenever
a final decree of tribal customary adoption has been vacated or set
aside, the child shall be returned to the custody of the county in
which the proceeding for tribal customary adoption was finalized. The
biological parent or parents of the child may petition for return of
custody. The disposition of the child after the court has entered an
order to set aside a tribal customary adoption shall include
consultation with the child's tribe.
   (f) At the beginning of any proceeding pursuant to this section,
if the child or the parents are not being represented by previously
retained or appointed counsel, the court shall proceed as follows:
   (1) In accordance with subdivision (c) of Section 317, if a child
before the court is without counsel, the court shall appoint counsel
unless the court finds that the child would not benefit from the
appointment of counsel. The court shall state on the record
                                     its reasons for that finding.
   (2) If a parent appears without counsel and is unable to afford
counsel, the court shall appoint counsel for the parent, unless this
representation is knowingly and intelligently waived. The same
counsel shall not be appointed to represent both the child and his or
her parent. The public defender or private counsel may be appointed
as counsel for the parent.
   (3) Private counsel appointed under this section shall receive a
reasonable sum for compensation and expenses, the amount of which
shall be determined by the court. The amount shall be paid by the
real parties in interest, other than the child, in any proportions
the court deems just. However, if the court finds that any of the
real parties in interest are unable to afford counsel, the amount
shall be paid out of the general fund of the county.
   (g) The court may continue the proceeding for a period of time not
to exceed 30 days as necessary to appoint counsel, and to enable
counsel to become acquainted with the case.
   (h) (1) At all proceedings under this section, the court shall
consider the wishes of the child and shall act in the best interests
of the child.
   (2) In accordance with Section 349, the child shall be present in
court if the child or the child's counsel so requests or the court so
orders. If the child is 10 years of age or older and is not present
at a hearing held pursuant to this section, the court shall determine
whether the minor was properly notified of his or her right to
attend the hearing and inquire as to the reason why the child is not
present.
   (3) (A) The testimony of the child may be taken in chambers and
outside the presence of the child's parent or parents, if the child's
parent or parents are represented by counsel, the counsel is
present, and any of the following circumstances exists:
   (i) The court determines that testimony in chambers is necessary
to ensure truthful testimony.
   (ii) The child is likely to be intimidated by a formal courtroom
setting.
   (iii) The child is afraid to testify in front of his or her parent
or parents.
   (B) After testimony in chambers, the parent or parents of the
child may elect to have the court reporter read back the testimony or
have the testimony summarized by counsel for the parent or parents.
   (C) The testimony of a child also may be taken in chambers and
outside the presence of the guardian or guardians of a child under
the circumstances specified in this subdivision.
   (i) (1) Any order of the court permanently terminating parental
rights under this section shall be conclusive and binding upon the
child, upon the parent or parents and upon all other persons who have
been served with citation by publication or otherwise as provided in
this chapter. After making the order, the juvenile court shall have
no power to set aside, change, or modify it, except as provided in
paragraph (2), but nothing in this section shall be construed to
limit the right to appeal the order.
   (2) A tribal customary adoption order evidencing that the Indian
child has been the subject of a tribal customary adoption shall be
afforded full faith and credit and shall have the same force and
effect as an order of adoption authorized by this section. The rights
and obligations of the parties as to the matters determined by the
Indian child's tribe shall be binding on all parties. A court shall
not order compliance with the order absent a finding that the party
seeking the enforcement participated, or attempted to participate, in
good faith, in family mediation services of the court or dispute
resolution through the tribe regarding the conflict, prior to the
filing of the enforcement action.
   (3) A child who has not been adopted after the passage of at least
three years from the date the court terminated parental rights and
for whom the court has determined that adoption is no longer the
permanent plan may petition the juvenile court to reinstate parental
rights pursuant to the procedure prescribed by Section 388. The child
may file the petition prior to the expiration of this three-year
period if the State Department of Social Services or licensed
adoption agency that is responsible for custody and supervision of
the child as described in subdivision (j) and the child stipulate
that the child is no longer likely to be adopted. A child over 12
years of age shall sign the petition in the absence of a showing of
good cause as to why the child could not do so. If it appears that
the best interests of the child may be promoted by reinstatement of
parental rights, the court shall order that a hearing be held and
shall give prior notice, or cause prior notice to be given, to the
social worker or probation officer and to the child's attorney of
record, or, if there is no attorney of record for the child, to the
child, and the child's tribe, if applicable, by means prescribed by
subdivision (c) of Section 297. The court shall order the child or
the social worker or probation officer to give prior notice of the
hearing to the child's former parent or parents whose parental rights
were terminated in the manner prescribed by subdivision (f) of
Section 294 where the recommendation is adoption. The juvenile court
shall grant the petition if it finds by clear and convincing evidence
that the child is no longer likely to be adopted and that
reinstatement of parental rights is in the child's best interest. If
the court reinstates parental rights over a child who is under 12
years of age and for whom the new permanent plan will not be
reunification with a parent or legal guardian, the court shall
specify the factual basis for its findings that it is in the best
interest of the child to reinstate parental rights. This subdivision
is intended to be retroactive and applies to any child who is under
the jurisdiction of the juvenile court at the time of the hearing
regardless of the date parental rights were terminated.
   (j) If the court, by order or judgment, declares the child free
from the custody and control of both parents, or one parent if the
other does not have custody and control, or declares the child
eligible for tribal customary adoption, the court shall at the same
time order the child referred to the State Department of Social
Services or a licensed adoption agency for adoptive placement by the
agency. However, except in the case of a tribal customary adoption
where there is no termination of parental rights, a petition for
adoption may not be granted until the appellate rights of the natural
parents have been exhausted. The State Department of Social Services
or licensed adoption agency shall be responsible for the custody and
supervision of the child and shall be entitled to the exclusive care
and control of the child at all times until a petition for adoption
or tribal customary adoption is granted, except as specified in
subdivision (n). With the consent of the agency, the court may
appoint a guardian of the child, who shall serve until the child is
adopted.
   (k) Notwithstanding any other provision of law, the application of
any person who, as a relative caretaker or foster parent, has cared
for a dependent child for whom the court has approved a permanent
plan for adoption, or who has been freed for adoption, shall be given
preference with respect to that child over all other applications
for adoptive placement if the agency making the placement determines
that the child has substantial emotional ties to the relative
caretaker or foster parent and removal from the relative caretaker or
foster parent would be seriously detrimental to the child's
emotional well-being.
   As used in this subdivision, "preference" means that the
application shall be processed and, if satisfactory, the family study
shall be completed before the processing of the application of any
other person for the adoptive placement of the child.
   (l) (1) An order by the court that a hearing pursuant to this
section be held is not appealable at any time unless all of the
following apply:
   (A) A petition for extraordinary writ review was filed in a timely
manner.
   (B) The petition substantively addressed the specific issues to be
challenged and supported that challenge by an adequate record.
   (C) The petition for extraordinary writ review was summarily
denied or otherwise not decided on the merits.
   (2) Failure to file a petition for extraordinary writ review
within the period specified by rule, to substantively address the
specific issues challenged, or to support that challenge by an
adequate record shall preclude subsequent review by appeal of the
findings and orders made pursuant to this section.
   (3) The Judicial Council shall adopt rules of court, effective
January 1, 1995, to ensure all of the following:
   (A) A trial court, after issuance of an order directing a hearing
pursuant to this section be held, shall advise all parties of the
requirement of filing a petition for extraordinary writ review as set
forth in this subdivision in order to preserve any right to appeal
in these issues. This notice shall be made orally to a party if the
party is present at the time of the making of the order or by
first-class mail by the clerk of the court to the last known address
of a party not present at the time of the making of the order.
   (B) The prompt transmittal of the records from the trial court to
the appellate court.
   (C) That adequate time requirements for counsel and court
personnel exist to implement the objective of this subdivision.
   (D) That the parent or guardian, or their trial counsel or other
counsel, is charged with the responsibility of filing a petition for
extraordinary writ relief pursuant to this subdivision.
   (4) The intent of this subdivision is to do both of the following:

   (A) Make every reasonable attempt to achieve a substantive and
meritorious review by the appellate court within the time specified
in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant
to this section.
   (B) Encourage the appellate court to determine all writ petitions
filed pursuant to this subdivision on their merits.
   (5) This subdivision shall only apply to cases in which an order
to set a hearing pursuant to this section is issued on or after
January 1, 1995.
   (m) Except for subdivision (j), this section shall also apply to
minors adjudged wards pursuant to Section 727.31.
   (n) (1) Notwithstanding Section 8704 of the Family Code or any
other provision of law, the court, at a hearing held pursuant to this
section or anytime thereafter, may designate a current caretaker as
a prospective adoptive parent if the child has lived with the
caretaker for at least six months, the caretaker currently expresses
a commitment to adopt the child, and the caretaker has taken at least
one step to facilitate the adoption process. In determining whether
to make that designation, the court may take into consideration
whether the caretaker is listed in the preliminary assessment
prepared by the county department in accordance with subdivision (i)
of Section 366.21 as an appropriate person to be considered as an
adoptive parent for the child and the recommendation of the State
Department of Social Services or licensed adoption agency.
   (2) For purposes of this subdivision, steps to facilitate the
adoption process include, but are not limited to, the following:
   (A) Applying for an adoption home study.
   (B) Cooperating with an adoption home study.
   (C) Being designated by the court or the licensed adoption agency
as the adoptive family.
   (D) Requesting de facto parent status.
   (E) Signing an adoptive placement agreement.
   (F) Engaging in discussions regarding a postadoption contact
agreement.
   (G) Working to overcome any impediments that have been identified
by the State Department of Social Services and the licensed adoption
agency.
   (H) Attending classes required of prospective adoptive parents.
   (3) Prior to a change in placement and as soon as possible after a
decision is made to remove a child from the home of a designated
prospective adoptive parent, the agency shall notify the court, the
designated prospective adoptive parent or the current caretaker, if
that caretaker would have met the threshold criteria to be designated
as a prospective adoptive parent pursuant to paragraph (1) on the
date of service of this notice, the child's attorney, and the child,
if the child is 10 years of age or older, of the proposal in the
manner described in Section 16010.6.
   (A) Within five court days or seven calendar days, whichever is
longer, of the date of notification, the child, the child's attorney,
or the designated prospective adoptive parent may file a petition
with the court objecting to the proposal to remove the child, or the
court, upon its own motion, may set a hearing regarding the proposal.
The court may, for good cause, extend the filing period. A caretaker
who would have met the threshold criteria to be designated as a
prospective adoptive parent pursuant to paragraph (1) on the date of
service of the notice of proposed removal of the child may file,
together with the petition under this subparagraph, a petition for an
order designating the caretaker as a prospective adoptive parent for
purposes of this subdivision.
   (B) A hearing ordered pursuant to this paragraph shall be held as
soon as possible and not later than five court days after the
petition is filed with the court or the court sets a hearing upon its
own motion, unless the court for good cause is unable to set the
matter for hearing five court days after the petition is filed, in
which case the court shall set the matter for hearing as soon as
possible. At the hearing, the court shall determine whether the
caretaker has met the threshold criteria to be designated as a
prospective adoptive parent pursuant to paragraph (1), and whether
the proposed removal of the child from the home of the designated
prospective adoptive parent is in the child's best interest, and the
child may not be removed from the home of the designated prospective
adoptive parent unless the court finds that removal is in the child's
best interest. If the court determines that the caretaker did not
meet the threshold criteria to be designated as a prospective
adoptive parent on the date of service of the notice of proposed
removal of the child, the petition objecting to the proposed removal
filed by the caretaker shall be dismissed. If the caretaker was
designated as a prospective adoptive parent prior to this hearing,
the court shall inquire into any progress made by the caretaker
towards the adoption of the child since the caretaker was designated
as a prospective adoptive parent.
   (C) A determination by the court that the caretaker is a
designated prospective adoptive parent pursuant to paragraph (1) or
subparagraph (B) does not make the caretaker a party to the
dependency proceeding nor does it confer on the caretaker any
standing to object to any other action of the department or licensed
adoption agency, unless the caretaker has been declared a de facto
parent by the court prior to the notice of removal served pursuant to
paragraph (3).
   (D) If a petition objecting to the proposal to remove the child is
not filed, and the court, upon its own motion, does not set a
hearing, the child may be removed from the home of the designated
prospective adoptive parent without a hearing.
   (4) Notwithstanding paragraph (3), if the State Department of
Social Services or a licensed adoption agency determines that the
child must be removed from the home of the caretaker who is or may be
a designated prospective adoptive parent immediately, due to a risk
of physical or emotional harm, the agency may remove the child from
that home and is not required to provide notice prior to the removal.
However, as soon as possible and not longer than two court days
after the removal, the agency shall notify the court, the caretaker
who is or may be a designated prospective adoptive parent, the child'
s attorney, and the child, if the child is 10 years of age or older,
of the removal. Within five court days or seven calendar days,
whichever is longer, of the date of notification of the removal, the
child, the child's attorney, or the caretaker who is or may be a
designated prospective adoptive parent may petition for, or the court
on its own motion may set, a noticed hearing pursuant to paragraph
(3). The court may, for good cause, extend the filing period.
   (5) Except as provided in subdivision (b) of Section 366.28, an
order by the court issued after a hearing pursuant to this
subdivision shall not be appealable.
   (6) Nothing in this section shall preclude a county child
protective services agency from fully investigating and responding to
alleged abuse or neglect of a child pursuant to Section 11165.5 of
the Penal Code.
   (7) The Judicial Council shall prepare forms to facilitate the
filing of the petitions described in this subdivision, which shall
become effective on January 1, 2006.
   (o) The implementation and operation of the amendments to
paragraph (3) of subdivision (c) and subparagraph (A) of paragraph
(4) of subdivision (c) 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.
   (p) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 16.  Section 366.26 is added to the Welfare and Institutions
Code, to read:
   366.26.  (a) This section applies to children who are adjudged
dependent children of the juvenile court pursuant to subdivision (d)
of Section 360. The procedures specified herein are the exclusive
procedures for conducting these hearings; Part 2 (commencing with
Section 3020) of Division 8 of the Family Code is not applicable to
these proceedings. Section 8616.5 of the Family Code is applicable
and available to all dependent children meeting the requirements of
that section, if the postadoption contact agreement has been entered
into voluntarily. For children who are adjudged dependent children of
the juvenile court pursuant to subdivision (d) of Section 360, this
section and Sections 8604, 8605, 8606, and 8700 of the Family Code
and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12
of the Family Code specify the exclusive procedures for permanently
terminating parental rights with regard to, or establishing legal
guardianship of, the child while the child is a dependent child of
the juvenile court.
   (b) At the hearing, which shall be held in juvenile court for all
children who are dependents of the juvenile court, the court, in
order to provide stable, permanent homes for these children, shall
review the report as specified in Section 361.5, 366.21, 366.22, or
366.25, shall indicate that the court has read and considered it,
shall receive other evidence that the parties may present, and then
shall make findings and orders in the following order of preference:
   (1) Terminate the rights of the parent or parents and order that
the child be placed for adoption and, upon the filing of a petition
for adoption in the juvenile court, order that a hearing be set. The
court shall proceed with the adoption after the appellate rights of
the natural parents have been exhausted.
   (2) Appoint a relative or relatives with whom the child is
currently residing as legal guardian or guardians for the child, and
order that letters of guardianship issue.
   (3) On making a finding under paragraph (3) of subdivision (c),
identify adoption as the permanent placement goal and order that
efforts be made to locate an appropriate adoptive family for the
child within a period not to exceed 180 days.
   (4) Appoint a nonrelative legal guardian for the child and order
that letters of guardianship issue.
   (5) Order that the child be placed in long-term foster care,
subject to the periodic review of the juvenile court under Section
366.3.
   In choosing among the above alternatives the court shall proceed
pursuant to subdivision (c).
   (c) (1) If the court determines, based on the assessment provided
as ordered under subdivision (i) of Section 366.21, subdivision (b)
of Section 366.22, or subdivision (b) of Section 366.25, and any
other relevant evidence, by a clear and convincing standard, that it
is likely the child will be adopted, the court shall terminate
parental rights and order the child placed for adoption. The fact
that the child is not yet placed in a preadoptive home nor with a
relative or foster family who is prepared to adopt the child, shall
not constitute a basis for the court to conclude that it is not
likely the child will be adopted. A finding under subdivision (b) or
paragraph (1) of subdivision (e) of Section 361.5 that reunification
services shall not be offered, under subdivision (e) of Section
366.21 that the whereabouts of a parent have been unknown for six
months or that the parent has failed to visit or contact the child
for six months, or that the parent has been convicted of a felony
indicating parental unfitness, or, under Section 366.21 or 366.22,
that the court has continued to remove the child from the custody of
the parent or guardian and has terminated reunification services,
shall constitute a sufficient basis for termination of parental
rights. Under these circumstances, the court shall terminate parental
rights unless either of the following applies:
   (A) The child is living with a relative who is unable or unwilling
to adopt the child because of circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, but who is willing and capable of providing the child with a
stable and permanent environment through legal guardianship, and the
removal of the child from the custody of his or her relative would be
detrimental to the emotional well-being of the child. For purposes
of an Indian child, "relative" shall include an "extended family
member," as defined in the federal Indian Child Welfare Act (25
U.S.C. Sec. 1903(2)).
   (B) The court finds a compelling reason for determining that
termination would be detrimental to the child due to one or more of
the following circumstances:
   (i) The parents have maintained regular visitation and contact
with the child and the child would benefit from continuing the
relationship.
   (ii) A child 12 years of age or older objects to termination of
parental rights.
   (iii) The child is placed in a residential treatment facility,
adoption is unlikely or undesirable, and continuation of parental
rights will not prevent finding the child a permanent family
placement if the parents cannot resume custody when residential care
is no longer needed.
   (iv) The child is living with a foster parent or Indian custodian
who is unable or unwilling to adopt the child because of exceptional
circumstances, that do not include an unwillingness to accept legal
or financial responsibility for the child, but who is willing and
capable of providing the child with a stable and permanent
environment and the removal of the child from the physical custody of
his or her foster parent or Indian custodian would be detrimental to
the emotional well-being of the child. This clause does not apply to
any child who is either (I) under six years of age or (II) a member
of a sibling group where at least one child is under six years of age
and the siblings are, or should be, permanently placed together.
   (v) There would be substantial interference with a child's sibling
relationship, taking into consideration the nature and extent of the
relationship, including, but not limited to, whether the child was
raised with a sibling in the same home, whether the child shared
significant common experiences or has existing close and strong bonds
with a sibling, and whether ongoing contact is in the child's best
interest, including the child's long-term emotional interest, as
compared to the benefit of legal permanence through adoption.
   (vi) The child is an Indian child and there is a compelling reason
for determining that termination of parental rights would not be in
the best interest of the child, including, but not limited to:
   (I) Termination of parental rights would substantially interfere
with the child's connection to his or her tribal community or the
child's tribal membership rights.
   (II) The child's tribe has identified guardianship, long-term
foster care with a fit and willing relative, or another planned
permanent living arrangement for the child.
   If the court finds that termination of parental rights would be
detrimental to the child pursuant to clause (i), (ii), (iii), (iv),
(v), or (vi), it shall state its reasons in writing or on the record.

   (2) The court shall not terminate parental rights if:
   (A) At each hearing at which the court was required to consider
reasonable efforts or services, the court has found that reasonable
efforts were not made or that reasonable services were not offered or
provided.
   (B) In the case of an Indian child:
   (i) At the hearing terminating parental rights, the court has
found that active efforts were not made as required in Section 361.7.

   (ii) The court does not make a determination at the hearing
terminating parental rights, supported by evidence beyond a
reasonable doubt, including testimony of one or more "qualified
expert witnesses" as defined in Section 224.6, that the continued
custody of the child by the parent is likely to result in serious
emotional or physical damage to the child.
   (3) If the court finds that termination of parental rights would
not be detrimental to the child pursuant to paragraph (1) and that
the child has a probability for adoption but is difficult to place
for adoption and there is no identified or available prospective
adoptive parent, the court may identify adoption as the permanent
placement goal and without terminating parental rights, order that
efforts be made to locate an appropriate adoptive family for the
child, within the state or out of the state, within a period not to
exceed 180 days. During this 180-day period, the public agency
responsible for seeking adoptive parents for each child shall, to the
extent possible, ask each child who is 10 years of age or older, to
identify any individuals, other than the child's siblings, who are
important to the child, in order to identify potential adoptive
parents. The public agency may ask any other child to provide that
information, as appropriate. During the 180-day period, the public
agency shall, to the extent possible, contact other private and
public adoption agencies regarding the availability of the child for
adoption.                                                During the
180-day period, the public agency shall conduct the search for
adoptive parents in the same manner as prescribed for children in
Sections 8708 and 8709 of the Family Code. At the expiration of this
period, another hearing shall be held and the court shall proceed
pursuant to paragraph (1) or (4) of subdivision (b). For purposes of
this section, a child may only be found to be difficult to place for
adoption if there is no identified or available prospective adoptive
parent for the child because of the child's membership in a sibling
group, or the presence of a diagnosed medical, physical, or mental
handicap, or the child is seven years of age or more.
   (4) (A) If the court finds that adoption of the child or
termination of parental rights is not in the best interest of the
child, because one of the conditions in clause (i), (ii), (iii),
(iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in
paragraph (2) applies, the court shall either order that the present
caretakers or other appropriate persons shall become legal guardians
of the child or order that the child remain in long-term foster care.
Legal guardianship shall be considered before long-term foster care,
if it is in the best interests of the child and if a suitable
guardian can be found. A child who is 10 years of age or older, shall
be asked to identify any individuals, other than the child's
siblings, who are important to the child, in order to identify
potential guardians. The agency may ask any other child to provide
that information, as appropriate.
   (B) If the child is living with a relative or a foster parent who
is willing and capable of providing a stable and permanent
environment, but not willing to become a legal guardian, the child
shall not be removed from the home if the court finds the removal
would be seriously detrimental to the emotional well-being of the
child because the child has substantial psychological ties to the
relative caretaker or foster parents.
   (C) The court shall also make an order for visitation with the
parents or guardians unless the court finds by a preponderance of the
evidence that the visitation would be detrimental to the physical or
emotional well-being of the child.
   (5) If the court finds that the child should not be placed for
adoption, that legal guardianship shall not be established, and that
there are no suitable foster parents except exclusive-use homes
available to provide the child with a stable and permanent
environment, the court may order the care, custody, and control of
the child transferred from the county welfare department to a
licensed foster family agency. The court shall consider the written
recommendation of the county welfare director regarding the
suitability of the transfer. The transfer shall be subject to further
court orders.
   The licensed foster family agency shall place the child in a
suitable licensed or exclusive-use home that has been certified by
the agency as meeting licensing standards. The licensed foster family
agency shall be responsible for supporting the child and providing
appropriate services to the child, including those services ordered
by the court. Responsibility for the support of the child shall not,
in and of itself, create liability on the part of the foster family
agency to third persons injured by the child. Those children whose
care, custody, and control are transferred to a foster family agency
shall not be eligible for foster care maintenance payments or child
welfare services, except for emergency response services pursuant to
Section 16504.
   (d) The proceeding for the appointment of a guardian for a child
who is a dependent of the juvenile court shall be in the juvenile
court. If the court finds pursuant to this section that legal
guardianship is the appropriate permanent plan, it shall appoint the
legal guardian and issue letters of guardianship. The assessment
prepared pursuant to subdivision (g) of Section 361.5, subdivision
(i) of Section 366.21, subdivision (b) of Section 366.22, and
subdivision (b) of Section 366.25 shall be read and considered by the
court prior to the appointment, and this shall be reflected in the
minutes of the court. The person preparing the assessment may be
called and examined by any party to the proceeding.
   (e) The proceeding for the adoption of a child who is a dependent
of the juvenile court shall be in the juvenile court if the court
finds pursuant to this section that adoption is the appropriate
permanent plan and the petition for adoption is filed in the juvenile
court. Upon the filing of a petition for adoption, the juvenile
court shall order that an adoption hearing be set. The court shall
proceed with the adoption after the appellate rights of the natural
parents have been exhausted. The full report required by Section 8715
of the Family Code shall be read and considered by the court prior
to the adoption and this shall be reflected in the minutes of the
court. The person preparing the report may be called and examined by
any party to the proceeding. It is the intent of the Legislature,
pursuant to this subdivision, to give potential adoptive parents the
option of filing in the juvenile court the petition for the adoption
of a child who is a dependent of the juvenile court. Nothing in this
section is intended to prevent the filing of a petition for adoption
in any other court as permitted by law, instead of in the juvenile
court.
   (f) At the beginning of any proceeding pursuant to this section,
if the child or the parents are not being represented by previously
retained or appointed counsel, the court shall proceed as follows:
   (1) In accordance with subdivision (c) of Section 317, if a child
before the court is without counsel, the court shall appoint counsel
unless the court finds that the child would not benefit from the
appointment of counsel. The court shall state on the record its
reasons for that finding.
   (2) If a parent appears without counsel and is unable to afford
counsel, the court shall appoint counsel for the parent, unless this
representation is knowingly and intelligently waived. The same
counsel shall not be appointed to represent both the child and his or
her parent. The public defender or private counsel may be appointed
as counsel for the parent.
   (3) Private counsel appointed under this section shall receive a
reasonable sum for compensation and expenses, the amount of which
shall be determined by the court. The amount shall be paid by the
real parties in interest, other than the child, in any proportions
the court deems just. However, if the court finds that any of the
real parties in interest are unable to afford counsel, the amount
shall be paid out of the general fund of the county.
   (g) The court may continue the proceeding for a period of time not
to exceed 30 days as necessary to appoint counsel, and to enable
counsel to become acquainted with the case.
   (h) (1) At all proceedings under this section, the court shall
consider the wishes of the child and shall act in the best interests
of the child.
   (2) In accordance with Section 349, the child shall be present in
court if the child or the child's counsel so requests or the court so
orders. If the child is 10 years of age or older and is not present
at a hearing held pursuant to this section, the court shall determine
whether the minor was properly notified of his or her right to
attend the hearing and inquire as to the reason why the child is not
present.
   (3) (A) The testimony of the child may be taken in chambers and
outside the presence of the child's parent or parents, if the child's
parent or parents are represented by counsel, the counsel is
present, and any of the following circumstances exists:
   (i) The court determines that testimony in chambers is necessary
to ensure truthful testimony.
   (ii) The child is likely to be intimidated by a formal courtroom
setting.
   (iii) The child is afraid to testify in front of his or her parent
or parents.
   (B) After testimony in chambers, the parent or parents of the
child may elect to have the court reporter read back the testimony or
have the testimony summarized by counsel for the parent or parents.
   (C) The testimony of a child also may be taken in chambers and
outside the presence of the guardian or guardians of a child under
the circumstances specified in this subdivision.
   (i) (1) Any order of the court permanently terminating parental
rights under this section shall be conclusive and binding upon the
child, upon the parent or parents and upon all other persons who have
been served with citation by publication or otherwise as provided in
this chapter. After making the order, the juvenile court shall have
no power to set aside, change, or modify it, except as provided in
paragraph (2), but nothing in this section shall be construed to
limit the right to appeal the order.
   (2) A child who has not been adopted after the passage of at least
three years from the date the court terminated parental rights and
for whom the court has determined that adoption is no longer the
permanent plan may petition the juvenile court to reinstate parental
rights pursuant to the procedure prescribed by Section 388. The child
may file the petition prior to the expiration of this three-year
period if the State Department of Social Services or licensed
adoption agency that is responsible for custody and supervision of
the child as described in subdivision (j) and the child stipulate
that the child is no longer likely to be adopted. A child over 12
years of age shall sign the petition in the absence of a showing of
good cause as to why the child could not do so. If it appears that
the best interests of the child may be promoted by reinstatement of
parental rights, the court shall order that a hearing be held and
shall give prior notice, or cause prior notice to be given, to the
social worker or probation officer and to the child's attorney of
record, or, if there is no attorney of record for the child, to the
child, and the child's tribe, if applicable, by means prescribed by
subdivision (c) of Section 297. The court shall order the child or
the social worker or probation officer to give prior notice of the
hearing to the child's former parent or parents whose parental rights
were terminated in the manner prescribed by subdivision (f) of
Section 294 where the recommendation is adoption. The juvenile court
shall grant the petition if it finds by clear and convincing evidence
that the child is no longer likely to be adopted and that
reinstatement of parental rights is in the child's best interest. If
the court reinstates parental rights over a child who is under 12
years of age and for whom the new permanent plan will not be
reunification with a parent or legal guardian, the court shall
specify the factual basis for its findings that it is in the best
interest of the child to reinstate parental rights. This subdivision
is intended to be retroactive and applies to any child who is under
the jurisdiction of the juvenile court at the time of the hearing
regardless of the date parental rights were terminated.
   (j) If the court, by order or judgment, declares the child free
from the custody and control of both parents, or one parent if the
other does not have custody and control, the court shall at the same
time order the child referred to the State Department of Social
Services or a licensed adoption agency for adoptive placement by the
agency. However, a petition for adoption may not be granted until the
appellate rights of the natural parents have been exhausted. The
State Department of Social Services or licensed adoption agency shall
be responsible for the custody and supervision of the child and
shall be entitled to the exclusive care and control of the child at
all times until a petition for adoption is granted, except as
specified in subdivision (n). With the consent of the agency, the
court may appoint a guardian of the child, who shall serve until the
child is adopted.
   (k) Notwithstanding any other provision of law, the application of
any person who, as a relative caretaker or foster parent, has cared
for a dependent child for whom the court has approved a permanent
plan for adoption, or who has been freed for adoption, shall be given
preference with respect to that child over all other applications
for adoptive placement if the agency making the placement determines
that the child has substantial emotional ties to the relative
caretaker or foster parent and removal from the relative caretaker or
foster parent would be seriously detrimental to the child's
emotional well-being.
   As used in this subdivision, "preference" means that the
application shall be processed and, if satisfactory, the family study
shall be completed before the processing of the application of any
other person for the adoptive placement of the child.
   (  l  ) (1) An order by the court that a hearing pursuant
to this section be held is not appealable at any time unless all of
the following apply:
   (A) A petition for extraordinary writ review was filed in a timely
manner.
   (B) The petition substantively addressed the specific issues to be
challenged and supported that challenge by an adequate record.
   (C) The petition for extraordinary writ review was summarily
denied or otherwise not decided on the merits.
   (2) Failure to file a petition for extraordinary writ review
within the period specified by rule, to substantively address the
specific issues challenged, or to support that challenge by an
adequate record shall preclude subsequent review by appeal of the
findings and orders made pursuant to this section.
   (3) The Judicial Council shall adopt rules of court, effective
January 1, 1995, to ensure all of the following:
   (A) A trial court, after issuance of an order directing a hearing
pursuant to this section be held, shall advise all parties of the
requirement of filing a petition for extraordinary writ review as set
forth in this subdivision in order to preserve any right to appeal
in these issues. This notice shall be made orally to a party if the
party is present at the time of the making of the order or by
first-class mail by the clerk of the court to the last known address
of a party not present at the time of the making of the order.
   (B) The prompt transmittal of the records from the trial court to
the appellate court.
   (C) That adequate time requirements for counsel and court
personnel exist to implement the objective of this subdivision.
   (D) That the parent or guardian, or their trial counsel or other
counsel, is charged with the responsibility of filing a petition for
extraordinary writ relief pursuant to this subdivision.
   (4) The intent of this subdivision is to do both of the following:

   (A) Make every reasonable attempt to achieve a substantive and
meritorious review by the appellate court within the time specified
in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant
to this section.
   (B) Encourage the appellate court to determine all writ petitions
filed pursuant to this subdivision on their merits.
   (5) This subdivision shall only apply to cases in which an order
to set a hearing pursuant to this section is issued on or after
January 1, 1995.
   (m) Except for subdivision (j), this section shall also apply to
minors adjudged wards pursuant to Section 727.31.
   (n) (1) Notwithstanding Section 8704 of the Family Code or any
other provision of law, the court, at a hearing held pursuant to this
section or anytime thereafter, may designate a current caretaker as
a prospective adoptive parent if the child has lived with the
caretaker for at least six months, the caretaker currently expresses
a commitment to adopt the child, and the caretaker has taken at least
one step to facilitate the adoption process. In determining whether
to make that designation, the court may take into consideration
whether the caretaker is listed in the preliminary assessment
prepared by the county department in accordance with subdivision (i)
of Section 366.21 as an appropriate person to be considered as an
adoptive parent for the child and the recommendation of the State
Department of Social Services or licensed adoption agency.
   (2) For purposes of this subdivision, steps to facilitate the
adoption process include, but are not limited to, the following:
   (A) Applying for an adoption home study.
   (B) Cooperating with an adoption home study.
   (C) Being designated by the court or the licensed adoption agency
as the adoptive family.
   (D) Requesting de facto parent status.
   (E) Signing an adoptive placement agreement.
   (F) Engaging in discussions regarding a postadoption contact
agreement.
   (G) Working to overcome any impediments that have been identified
by the State Department of Social Services and the licensed adoption
agency.
   (H) Attending classes required of prospective adoptive parents.
   (3) Prior to a change in placement and as soon as possible after a
decision is made to remove a child from the home of a designated
prospective adoptive parent, the agency shall notify the court, the
designated prospective adoptive parent or the current caretaker, if
that caretaker would have met the threshold criteria to be designated
as a prospective adoptive parent pursuant to paragraph (1) on the
date of service of this notice, the child's attorney, and the child,
if the child is 10 years of age or older, of the proposal in the
manner described in Section 16010.6.
   (A) Within five court days or seven calendar days, whichever is
longer, of the date of notification, the child, the child's attorney,
or the designated prospective adoptive parent may file a petition
with the court objecting to the proposal to remove the child, or the
court, upon its own motion, may set a hearing regarding the proposal.
The court may, for good cause, extend the filing period. A caretaker
who would have met the threshold criteria to be designated as a
prospective adoptive parent pursuant to paragraph (1) on the date of
service of the notice of proposed removal of the child may file,
together with the petition under this subparagraph, a petition for an
order designating the caretaker as a prospective adoptive parent for
purposes of this subdivision.
   (B) A hearing ordered pursuant to this paragraph shall be held as
soon as possible and not later than five court days after the
petition is filed with the court or the court sets a hearing upon its
own motion, unless the court for good cause is unable to set the
matter for hearing five court days after the petition is filed, in
which case the court shall set the matter for hearing as soon as
possible. At the hearing, the court shall determine whether the
caretaker has met the threshold criteria to be designated as a
prospective adoptive parent pursuant to paragraph (1), and whether
the proposed removal of the child from the home of the designated
prospective adoptive parent is in the child's best interest, and the
child may not be removed from the home of the designated prospective
adoptive parent unless the court finds that removal is in the child's
best interest. If the court determines that the caretaker did not
meet the threshold criteria to be designated as a prospective
adoptive parent on the date of service of the notice of proposed
removal of the child, the petition objecting to the proposed removal
filed by the caretaker shall be dismissed. If the caretaker was
designated as a prospective adoptive parent prior to this hearing,
the court shall inquire into any progress made by the caretaker
towards the adoption of the child since the caretaker was designated
as a prospective adoptive parent.
   (C) A determination by the court that the caretaker is a
designated prospective adoptive parent pursuant to paragraph (1) or
subparagraph (B) does not make the caretaker a party to the
dependency proceeding nor does it confer on the caretaker any
standing to object to any other action of the department or licensed
adoption agency, unless the caretaker has been declared a de facto
parent by the court prior to the notice of removal served pursuant to
paragraph (3).
   (D) If a petition objecting to the proposal to remove the child is
not filed, and the court, upon its own motion, does not set a
hearing, the child may be removed from the home of the designated
prospective adoptive parent without a hearing.
   (4) Notwithstanding paragraph (3), if the State Department of
Social Services or a licensed adoption agency determines that the
child must be removed from the home of the caretaker who is or may be
a designated prospective adoptive parent immediately, due to a risk
of physical or emotional harm, the agency may remove the child from
that home and is not required to provide notice prior to the removal.
However, as soon as possible and not longer than two court days
after the removal, the agency shall notify the court, the caretaker
who is or may be a designated prospective adoptive parent, the child'
s attorney, and the child, if the child is 10 years of age or older,
of the removal. Within five court days or seven calendar days,
whichever is longer, of the date of notification of the removal, the
child, the child's attorney, or the caretaker who is or may be a
designated prospective adoptive parent may petition for, or the court
on its own motion may set, a noticed hearing pursuant to paragraph
(3). The court may, for good cause, extend the filing period.
   (5) Except as provided in subdivision (b) of Section 366.28, an
order by the court issued after a hearing pursuant to this
subdivision shall not be appealable.
   (6) Nothing in this section shall preclude a county child
protective services agency from fully investigating and responding to
alleged abuse or neglect of a child pursuant to Section 11165.5 of
the Penal Code.
   (7) The Judicial Council shall prepare forms to facilitate the
filing of the petitions described in this subdivision, which shall
become effective on January 1, 2006.
   (o) The implementation and operation of the amendments to
paragraph (3) of subdivision (c) and subparagraph (A) of paragraph
(4) of subdivision (c) 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.
   (p) This section shall become operative on January 1, 2014.
  SEC. 17.  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, tribal customary 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. 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, or in the
case of a tribal customary adoption, when the tribal customary
adoption order has been afforded full faith and credit and the
petition for adoption 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 12 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 or, for an Indian child, tribal customary
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 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 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.
   (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 paragraphs (3) and (4) of subdivision (b)
of 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, in another planned permanent living arrangement, or,
for an Indian child, in consultation with the child's tribe, placed
for tribal customary adoption.
   (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, the services
needed to assist the child 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, or,
for an Indian child for whom parental rights are not being terminated
and a tribal customary adoption is being considered, 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, for an
Indian child, in consultation with the child's tribe, placed for
tribal customary 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 foster care, without holding 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, tribal
customary adoption, legal guardianship, or long-term foster care is
the most appropriate plan for the child.
   (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) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 18.  Section 366.3 is added to the Welfare and Institutions
Code, 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. 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 12 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 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 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.
   (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 paragraphs (3) and (4) of subdivision (b)
of 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, the services
needed to assist the child 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 foster care, without
holding 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.
   (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) This section shall become operative on January 1, 2014.
  SEC. 19.  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) to
(l), inclusive, are met or if the conditions specified in subdivision
(m) are met.
   (a) It has been determined that the child cannot or should not be
returned to the home of his or her parents as evidenced by a petition
for termination of parental rights, a court order terminating
parental rights, or a signed relinquishment, or, in the case of a
tribal customary adoption, if the court has given full faith and
credit to a tribal customary adoption order as provided for pursuant
to paragraph (2) of subdivision (e) of Section 366.26.
   (b) 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, three years of age 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.
   (c) 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.
   (d) The child is under 18 years of age, or under 21 years of age
and has a mental or physical handicap that warrants the continuation
of assistance.
   (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) The prospective adoptive parent or any adult living in the
prospective adoptive home has completed the criminal background check
requirements pursuant to Section 671(a)(20)(A) and (C) of Title 42
of the United States Code.
   (i) To be eligible for state funding, the child is the subject of
an agency adoption, as defined in Section 8506 of the Family Code and
was any of the following:
   (1) Under the supervision of a county welfare department as the
subject of a legal guardianship or juvenile court dependency.
   (2) Relinquished for adoption to a licensed California private or
public adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and would have otherwise been at
risk of dependency as certified by the responsible public child
welfare agency.
   (3) Committed to the care of the department pursuant to Section
8805 or 8918 of the Family Code.
   (4) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24. Notwithstanding Section 8600.5 of the
Family Code, for purposes of this subdivision a tribal customary
adoption shall be considered an agency adoption.
   (j) To be eligible for federal funding, in the case of a child who
is not an applicable child for the federal fiscal year as defined in
subdivision (n), the child meets any of the following criteria:
   (1) Prior to the finalization of 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 was removed from the home of a specified relative
and the child would have been AFDC-eligible in the home of removal
according to Section 606(a) or 607 of Title 42 of the United States
Code, as those sections were in effect on July 16, 1996, in the month
of the voluntary placement agreement or in the month court
proceedings are initiated to remove the child, resulting in a
judicial determination that continuation in the home would be
contrary to the child's welfare. The child must have been living with
the specified relative from whom he or she was removed within six
months of the month the voluntary placement agreement was signed or
the petition to remove was filed.
   (3) The child was voluntarily relinquished to a licensed public or
private adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and there is a petition to the
court to remove the child from the home within six months of the time
the child lived with a specified relative and a subsequent judicial
determination that remaining in the home would be contrary to the
child's welfare.
   (4) Title IV-E foster care maintenance was paid on behalf of the
child's minor parent and covered the cost of the minor parent's child
while the child was in the foster family home or child care
institution with the minor parent.
   (5) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24.
   (k) To be eligible for federal funding, in the case of a child who
is an applicable child for the federal fiscal year, as defined in
subdivision (n), the child meets any of the following criteria:
   (1) At the time of initiation of adoptive proceedings was in the
care of a public or licensed private child placement agency or Indian
tribal organization pursuant to either of the following:
   (A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
   (B) A voluntary placement agreement or a voluntary relinquishment.

   (2) He or she meets all medical or disability requirements of
Title XVI with respect to eligibility for supplemental security
income benefits.
   (3) He or she was residing in a foster family home or a child care
institution with the child's minor parent, and the child's minor
parent was in the foster family home or child care institution
pursuant to either of the following:
   (A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
   (B) A voluntary placement agreement or voluntary relinquishment.
   (4) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24.
   (l) The child is a citizen of the United States or a qualified
alien as defined in Section 1641 of Title 8 of the United States
Code. If the child is a qualified alien who entered the United States
on or after August 22, 1996, and is placed with an unqualified
alien, the child must meet the five-year residency requirement
pursuant to Section 673(a)(2)(B) of Title 42 of the United States
Code, unless the child is a member of one of the excepted groups
pursuant to Section 1612(b) of Title 8 of the United States Code.
   (m) A child shall be eligible for Adoption Assistance Program
benefits if the following conditions are met:
   (1) 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 and the child meets the special needs criteria
described in subdivisions (a) to (c), inclusive.
   (2) To receive federal funding, the citizenship requirements in
subdivision (l).
   (n) (1) Except as provided in this subdivision, "applicable child"
means a child for whom an adoption assistance agreement is entered
into under this section during any federal fiscal year described in
this subdivision if the child attained the applicable age for that
federal fiscal year before the end of that federal fiscal year.
   (A) For federal fiscal year 2010, the applicable age is 16 years.
   (B) For federal fiscal year 2011, the applicable age is 14 years.
   (C) For federal fiscal year 2012, the applicable age is 12 years.
   (D) For federal fiscal year 2013, the applicable age is 10 years.
   (E) For federal fiscal year 2014, the applicable age is 8 years.
   (F) For federal fiscal year 2015, the applicable age is 6 years.
   (G) For federal fiscal year 2016, the applicable age is 4 years.
   (H) For federal fiscal year 2017, the applicable age is 2 years.
   (I) For federal fiscal year 2018 and thereafter, any age.
   (2) Beginning with the 2010 federal fiscal year, the term
"applicable child" shall include a child of any age on the date on
which an adoption assistance agreement is entered into on behalf of
the child under this section if the child meets both of the following
criteria:
   (A) He or she has been in foster care under the responsibility of
the state for at least 60 consecutive months.
   (B) He or she meets the requirements of subdivision (k).
   (3) Beginning with the 2010 federal fiscal year, an applicable
child shall include a child of any age on the date that an adoption
assistance agreement is entered into on behalf of the child under
this section, without regard to whether the child is described in
paragraph (2), if the child meets all of the following criteria:
   (A) He or she is a sibling of a child who is an applicable child
for the federal fiscal year, under subdivision (n) or paragraph (2).
   (B) He or she is to be placed in the same adoption placement as an
"applicable child" for the federal fiscal year who is their sibling.

   (C) He or she meets the requirements of subdivision (k).
   (o) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 20.  Section 16120 is added to the Welfare and Institutions
Code, to read:
   16120.  A child shall be eligible for Adoption Assistance Program
benefits if all of the conditions specified in subdivisions (a) to
(l), inclusive, are met or if the conditions specified in subdivision
(m) are met.
   (a) It has been determined that the child cannot or should not be
returned to the home of his or her parents as evidenced by a petition
for termination of parental rights, a court order terminating
parental rights, or a signed relinquishment.
   (b) 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, three years of age 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.
   (c) 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.
   (d) The child is under 18 years of age, or under 21 years of age
and has a mental or physical handicap that warrants the continuation
of assistance.
   (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) The prospective adoptive parent or any adult living in the
prospective adoptive home has completed the criminal background check
requirements pursuant to Section 671(a)(20)(A) and (C) of Title 42
of the United States Code.
   (i) To be eligible for state funding, the child is the subject of
an agency adoption, as defined in Section 8506 of the Family Code and
was any of the following:
   (1) Under the supervision of a county welfare department as the
subject of a legal guardianship or juvenile court dependency.
   (2) Relinquished for adoption to a licensed California private or
public adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and would have otherwise been at
risk of dependency as certified by the responsible public child
welfare agency.
   (3) Committed to the care of the department pursuant to Section
8805 or 8918 of the Family Code.
   (j) To be eligible for federal funding, in the case of a child who
is not an applicable child for the federal fiscal year as defined in
subdivision (n), the child meets any of the following criteria:
   (1) Prior to the finalization of 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 was removed from the home of a specified relative
and the child would have been AFDC-eligible in the home of removal
according to Section 606(a) or 607 of Title 42 of the United States
Code, as those sections were in effect on July 16, 1996, in the month
of the voluntary placement agreement or in the month court
proceedings are initiated to remove the child, resulting in a
judicial determination that continuation in the home would be
contrary to the child's welfare. The child must have been living with
the specified relative from whom he or she was removed within six
months of the month the voluntary placement agreement was signed or
the petition to remove was filed.
   (3) The child was voluntarily relinquished to a licensed public or
private adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and there is a petition to the
court to remove the child from the home within six months of the time
the child lived with a specified relative and a subsequent judicial
determination that remaining in the home would be contrary to the
child's welfare.
   (4) Title IV-E foster care maintenance was paid on behalf of the
child's minor parent and covered the cost of the minor parent's child
while the child was in the foster family home or child care
institution with the minor parent.
   (k) To be eligible for federal funding, in the case of a child who
is an applicable child for the federal fiscal year, as defined in
subdivision (n), the child meets any of the following criteria:
   (1) At the time of initiation of adoptive proceedings was in the
care of a public or licensed private child placement agency or Indian
tribal organization pursuant to either of the following:
   (A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
   (B) A voluntary placement agreement or a voluntary relinquishment.

   (2) He or she meets all medical or disability requirements of
Title XVI with respect to eligibility for supplemental security
income benefits.
   (3) He or she was residing in a foster family home or a child care
institution with the child's minor parent, and the child's minor
parent was in the foster family home or child care institution
pursuant to either of the following:
   (A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
   (B) A voluntary placement agreement or voluntary relinquishment.
   (l) The child is a citizen of the United States or a qualified
alien as defined in Section 1641 of Title 8 of the United States
Code. If the child is a qualified alien who entered the United States
on or after August 22, 1996, and is placed with an unqualified
alien, the child must meet the five-year residency requirement
pursuant to Section 673(a)(2)(B) of Title 42 of the United States
Code, unless the child is a member of one of the excepted groups
pursuant to Section 1612(b) of Title 8 of the United States Code.
   (m) A child shall be eligible for Adoption Assistance Program
benefits if the following conditions are met:
   (1) 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 and the child meets the special needs criteria
described in subdivisions (a) to (c), inclusive.
   (2) To receive federal funding, the citizenship requirements in
subdivision (l).
   (n) (1) Except as provided in this subdivision, "applicable child"
means a child for whom an adoption assistance agreement is entered
into under this section during any federal fiscal year described in
this subdivision if the child attained the applicable age for that
federal fiscal year before the end of that federal fiscal year.
   (A) For federal fiscal year 2010, the applicable age is 16 years.
   (B) For federal fiscal year 2011, the applicable age is 14 years.
   (C) For federal fiscal year 2012, the applicable age is 12 years.
   (D) For federal fiscal year 2013, the applicable age is 10 years.
   (E) For federal fiscal year 2014, the applicable age is 8 years.
   (F) For federal fiscal year 2015, the applicable age is 6 years.
   (G) For federal fiscal year 2016, the applicable age is 4 years.
   (H) For federal fiscal year 2017, the applicable age is 2 years.
   (I) For federal fiscal year 2018 and thereafter, any age.
   (2) Beginning with the 2010 federal fiscal year, the term
"applicable child" shall include a child of any age on the date on
which an adoption assistance agreement is entered into on behalf of
the child under this section if the child meets both of the following
criteria:
   (A) He or she has been in foster care under the responsibility of
the state for at least 60 consecutive months.
   (B) He or she meets the requirements of subdivision (k).
   (3) Beginning with the 2010 federal fiscal year, an applicable
child shall include a child of any age on the date that an adoption
assistance agreement is entered into on behalf of the child under
this section, without regard to whether the child is described in
paragraph (2), if the child meets all of the following criteria:
   (A) He or she is a sibling of a child who is an applicable child
for the federal fiscal year, under subdivision (n) or paragraph (2).
   (B) He or she is to be placed in the same adoption placement as an
applicable child for the federal fiscal year who is his or her
sibling.

            (C) He or she meets the requirements of subdivision (k).
   (o) This section shall become operative on January 1, 2014.
  SEC. 21.  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, tribal customary adoption,
or guardianship is inappropriate.
   (b) Recipients of public assistance under nonfederally funded Aid
to Families with Dependent Children programs who are wards of a legal
guardian where a review has determined that reunification or
adoption is inappropriate.
   (c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 22.  Section 16508 is added to the Welfare and Institutions
Code, 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 nonfederally funded Aid
to Families with Dependent Children programs who are wards of a legal
guardian where a review has determined that reunification or
adoption is inappropriate.
   (c) This section shall become operative on January 1, 2014.
  SEC. 23.  Section 16508.1 of the Welfare and Institutions Code is
amended to read:
   16508.1.  (a) For every child who is in foster care, or who enters
foster care, on or after January 1, 1999, and has been in foster
care for 15 of the most recent 22 months, the social worker shall
submit to the court a recommendation that the court set a hearing
pursuant to Section 366.26 for the purpose of terminating parental
rights. The social worker shall concurrently initiate and describe a
plan to identify, recruit, process and approve a qualified family for
adoption of the child.
   (b) The social worker is not required to submit the recommendation
as described in subdivision (a) if any of the following applies:
   (1) The case plan for the child has documented a compelling reason
or reasons why it is unlikely that the child will be adopted, as
determined by the department when it is acting as an adoption agency
or by the licensed adoption agency, and therefore termination of
parental rights would not be in the best interest of the child or
that one of the conditions set forth in paragraph (1) of subdivision
(c) of Section 366.26 applies.
   (2) A hearing under Section 366.26 is already set.
   (3) The court has found at the previous hearing under Section
366.21 that there is a substantial probability that the child will be
returned to the child's home within the extended period of time
permitted.
   (4) The court has found at the previous hearing under Section
366.21 that reasonable reunification services have not been offered
or provided.
   (5) The court has found at each and every hearing at which the
court was required to consider reasonable efforts or services that
reasonable efforts were not made or that reasonable services were not
offered or provided.
   (6) The incarceration or institutionalization of the parent or
parents, or the court-ordered participation of the parent or parents
in a residential substance abuse treatment program, constitutes a
significant factor in the child's placement in foster care for a
period of 15 of the most recent 22 months, and termination of
parental rights is not in the child's best interests, considering
factors such as the age of the child, the degree of parent and child
bonding, the length of the sentence, and the nature of the treatment
and the nature of the crime or illness.
   (7) Tribal customary adoption is recommended.
   (c) A recommendation to the court pursuant to subdivision (a)
shall not be made if the social worker documents in the case record a
compelling reason why a hearing pursuant to Section 366.26 is not in
the best interest of the child, or that reasonable efforts to safely
return the child home are continuing consistent with the time period
provided for in paragraph (1) of subdivision (g) of Section 366.21.
   (d) Beginning January 1, 1999, the county welfare department shall
implement a procedure for reviewing the application of this section
to the case plans of all children who have been in foster care for 15
out of the most recent 22 months. The review shall proceed within
the following timeframes:
   (1) By July 1, 1999, one-third of the children shall have been
reviewed, giving priority to children who have been in foster care
the greatest length of time.
   (2) By January 1, 2000, at least two-thirds of the children shall
have been reviewed.
   (3) By July 1, 2000, all children shall have been reviewed.
   (e) For purposes of this section, a child shall be considered 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 home of his or her parent or guardian.
   (f) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1,2014, deletes or extends
that date.
  SEC. 24.  Section 16508.1 is added to the Welfare and Institutions
Code, to read:
   16508.1.  (a) For every child who is in foster care, or who enters
foster care, on or after January 1, 1999, and has been in foster
care for 15 of the most recent 22 months, the social worker shall
submit to the court a recommendation that the court set a hearing
pursuant to Section 366.26 for the purpose of terminating parental
rights. The social worker shall concurrently initiate and describe a
plan to identify, recruit, process and approve a qualified family for
adoption of the child.
   (b) The social worker is not required to submit the recommendation
as described in subdivision (a) if any of the following applies:
   (1) The case plan for the child has documented a compelling reason
or reasons why it is unlikely that the child will be adopted, as
determined by the department when it is acting as an adoption agency
or by the licensed adoption agency, and therefore termination of
parental rights would not be in the best interest of the child or
that one of the conditions set forth in paragraph (1) of subdivision
(c) of Section 366.26 applies.
   (2) A hearing under Section 366.26 is already set.
   (3) The court has found at the previous hearing under Section
366.21 that there is a substantial probability that the child will be
returned to the child's home within the extended period of time
permitted.
   (4) The court has found at the previous hearing under Section
366.21 that reasonable reunification services have not been offered
or provided.
   (5) The court has found at each and every hearing at which the
court was required to consider reasonable efforts or services that
reasonable efforts were not made or that reasonable services were not
offered or provided.
   (6) The incarceration or institutionalization of the parent or
parents, or the court-ordered participation of the parent or parents
in a residential substance abuse treatment program, constitutes a
significant factor in the child's placement in foster care for a
period of 15 of the most recent 22 months, and termination of
parental rights is not in the child's best interests, considering
factors such as the age of the child, the degree of parent and child
bonding, the length of the sentence, and the nature of the treatment
and the nature of the crime or illness.
   (c) A recommendation to the court pursuant to subdivision (a)
shall not be made if the social worker documents in the case record a
compelling reason why a hearing pursuant to Section 366.26 is not in
the best interest of the child, or that reasonable efforts to safely
return the child home are continuing consistent with the time period
provided for in paragraph (1) of subdivision (g) of Section 366.21.
   (d) Beginning January 1, 1999, the county welfare department shall
implement a procedure for reviewing the application of this section
to the case plans of all children who have been in foster care for 15
out of the most recent 22 months. The review shall proceed within
the following timeframes:
   (1) By July 1, 1999, one-third of the children shall have been
reviewed, giving priority to children who have been in foster care
the greatest length of time.
   (2) By January 1, 2000, at least two-thirds of the children shall
have been reviewed.
   (3) By July 1, 2000, all children shall have been reviewed.
   (e) For purposes of this section, a child shall be considered 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 home of his or her parent or guardian.
   (f) This section shall become operative on January 1, 2014.
  SEC. 25.  (a) Sections 1, 2, 4, 6, 8, 10, 12, 13, 15, 17, 19, 21,
and 23 of this act shall become operative on July 1, 2010.
   (b) The Judicial Council shall adopt rules of court and necessary
forms required to implement tribal customary adoption as a permanent
plan for dependent Indian children before July 1, 2010.
  SEC. 26.  Notwithstanding the rulemaking provisions of 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 of Social Services may implement and administer the
applicable provisions of this act through all-county letters or
similar instruction from the director until such time as regulations
are adopted. The director may adopt emergency regulations
implementing this act. The department may readopt any emergency
regulation authorized by this section that is the same or
substantially equivalent to an emergency regulation previously
adopted by this section. The adoption of emergency regulations
implementing this section shall be deemed necessary for the immediate
preservation of the public peace, health, safety, or general
welfare. The emergency regulations and any readoption of emergency
regulations authorized by this section shall be exempt from review by
the Office of Administrative Law. The emergency regulations and any
readoption of emergency regulations authorized by this section 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 by which time final regulations shall be adopted.
  SEC. 27.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.