BILL NUMBER: SB 597 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 17, 2009
AMENDED IN SENATE MAY 12, 2009
AMENDED IN SENATE MARCH 31, 2009
INTRODUCED BY Senator Liu
FEBRUARY 27, 2009
An act to amend Sections 11460 and 16119 of, and to add
Section 16010.2 to, the Welfare and Institutions Code, relating to
services for children. An act to amend Section 8545 of
the Family Code, and to amend Sections 4094, 11460, 16119, 16120.1,
16121, 16121.05, and 16501.1 of, and to add Section 16010.2 to, the
Welfare and Institutions Code, relating to services for children.
LEGISLATIVE COUNSEL'S DIGEST
SB 597, as amended, Liu. Child welfare services, foster care
services, and adoption assistance.
(1) Existing law requires the State Department of Mental Health to
establish, by regulations, no later than December 31, 1994, program
standards for any facility licensed as a community treatment
facility. Under existing law, until January 1, 2010, the department
shall not require a community treatment facility that meets certain
requirements to have 24-hour onsite licensed nursing staff.
This bill would extend applicability of the above provisions
relating to onsite licensed nursing staff, to January 1, 2013.
(1)
(2) Existing law establishes the Aid to Families with
Dependent Children-Foster Care (AFDC-FC) program, under which
counties provide payments to foster care providers on behalf of
qualified children in foster care. The program is funded by a
combination of federal, state, and county funds. Under existing law,
AFDC-FC benefits are available, with specified exceptions, on behalf
of qualified children under 18 years of age. Moneys from the General
Fund are continuously appropriated to pay for the state's share of
AFDC-FC costs.
Existing law requires foster care providers to be paid a per child
per month rate in return for the care and supervision of the AFDC-FC
child placed with them, and defines the term "care and supervision"
for this purpose.
This bill would expand the definition of "care and supervision"
to include costs for reasonable travel for the child to remain in the
school in which he or she is enrolled at the time of placement.
(2)
(3) Under existing law, the case plan is the foundation
and central unifying tool in child welfare services. The components
of the case plan include, when appropriate, a written description of
the programs and services that will help a child, consistent with the
child's best interests, prepare for the transition from foster care
to independent living, for a child who is 16 years of age or older.
Existing law requires, when a child is placed in foster care, that
the child's case plan include a summary of the health and education
information or records, including mental health information or
records, of the child.
This bill would require the State Department of Social Services,
in consultation with pediatricians, health care experts, and experts
in and recipients of child welfare services, and with the
advice and assistance of the Child Welfare Council, to
develop a plan for the ongoing oversight and coordination of health
care services for a child in a foster care placement, consistent with
the federal act.
(3)
(4) Existing law provides for the Adoption Assistance
Program (AAP), to be established and administered by the State
Department of Social Services or the county, for the purpose of
benefiting children residing in foster homes by providing the
stability and security of permanent homes. The AAP provides for the
payment by the department and counties, of cash assistance to
eligible families that adopt eligible children, and bases the amount
of the payment on the needs of the child and the resources of the
family to meet those needs.
Under existing law, at the time application for adoption of a
child who is potentially eligible for AAP benefits is made, and at
the time immediately prior to the finalization of the adoption
decree, the department or the licensed adoption agency, whichever is
appropriate, is required to provide the prospective adoptive family
with designated information.
This bill would additionally require the department or licensed
adoption agency to provide information regarding the federal adoption
tax credit for any individual who is adopting or considering
adopting a child in foster care, in accordance with the federal act.
Existing law relating to adoption defines a special needs child as
a child whose adoption without financial assistance would be
unlikely because of specified characteristics or circumstances of the
child.
This bill would recast and revise the definition of a special
needs child, and further would require the need for adoption subsidy
to be evidenced by an unsuccessful search for an adoptive home to
take the child without financial assistance, except under specified
circumstances. The bill would make related changes to existing
adoption assistance provisions.
(5) Under existing law, the state, through the State Department of
Social Services and county welfare departments, is required to
establish and support a public system of statewide child welfare
services.
Existing law requires the case plan for a child 16 years of age or
older to include a written description of the programs and services
that will help the child prepare for the transition from foster care
to independent living, as specified.
This bill would require additional information pertaining to the
child's transition to independent living to be provided in the 90-day
period before the child attains 18 years of age, relating to, among
other topics, housing, education, and employment services. By
imposing additional duties upon each county, the bill would create a
state-mandated local program.
(6) (a) This bill would incorporate additional changes in Section
16119 of the Welfare and Institutions Code, proposed by A.B. 154, to
be operative only if A.B. 154 and this bill are both chaptered and
become effective on or before January 1, 2010, and this bill is
chaptered last.
(b) This bill would incorporate additional changes in Section
16501.1 of the Welfare and Institutions Code, proposed by S.B. 118,
to be operative only if S.B. 118 and this bill are both chaptered and
become effective on or before January 1, 2010, and this bill is
chaptered last.
(7) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8545 of the Family
Code is amended to read:
8545. "Special-needs child" means a child whose adoption
without financial assistance would be unlikely because of adverse
parental background, ethnic background, race, color, language,
membership in a sibling group that should remain intact, mental,
physical, medical, or emotional handicaps, or age of three years or
more. for whom all of the following are true:
(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 is a barrier to his or her adoption:
(1) Adoptive placement without financial assistance is unlikely
because of membership in a sibling group that should remain intact,
or by virtue of race, ethnicity, color, language, age of three years
or older, or parental background of a medical or behavioral nature
that can be determined to adversely affect the development of the
child.
(2) Adoptive placement without financial assistance is unlikely
because the child has a mental, physical, emotional, or medical
disability that has been certified by a licensed professional
competent to make an assessment and operating within the scope of his
or her profession. This paragraph shall also apply to children with
a developmental disability as defined in subdivision (a) of Section
4512, including those determined to require out-of-home nonmedical
care as described in Section 11464.
(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.
SEC. 2. Section 4094 of the Welfare and
Institutions Code is amended to read:
4094. (a) The State Department of Mental Health shall establish,
by regulations adopted at the earliest possible date, but no later
than December 31, 1994, program standards for any facility licensed
as a community treatment facility. This section shall apply only to
community treatment facilities described in this subdivision.
(b) A certification of compliance issued by the State Department
of Mental Health shall be a condition of licensure for the community
treatment facility by the State Department of Social Services. The
department may, upon the request of a county, delegate the
certification and supervision of a community treatment facility to
the county department of mental health.
(c) The State Department of Mental Health shall adopt regulations
to include, but not be limited to, the following:
(1) Procedures by which the Director of Mental Health shall
certify that a facility requesting licensure as a community treatment
facility pursuant to Chapter 3 (commencing with Section 1500) of
Division 2 of the Health and Safety Code is in compliance with
program standards established pursuant to this section.
(2) Procedures by which the Director of Mental Health shall deny a
certification to a facility or decertify a facility that is licensed
as a community treatment facility pursuant to Chapter 3 (commencing
with Section 1500) of Division 2 of the Health and Safety Code, but
no longer complying with program standards established pursuant to
this section, in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(3) Provisions for site visits by the State Department of Mental
Health for the purpose of reviewing a facility's compliance with
program standards established pursuant to this section.
(4) Provisions for the community care licensing staff of the State
Department of Social Services to report to the State Department of
Mental Health when there is reasonable cause to believe that a
community treatment facility is not in compliance with program
standards established pursuant to this section.
(5) Provisions for the State Department of Mental Health to
provide consultation and documentation to the State Department of
Social Services in any administrative proceeding regarding denial,
suspension, or revocation of a community treatment facility license.
(d) The standards adopted by regulations pursuant to subdivision
(a) shall include, but not be limited to, standards for treatment,
staffing, and for the use of psychotropic medication, discipline, and
restraints in the facilities. The standards shall also meet the
requirements of Section 4094.5.
(e) (1) Until January 1, 2010 2013 ,
all of the following are applicable:
(A) A community treatment facility shall not be required by the
State Department of Mental Health to have 24-hour onsite licensed
nursing staff, but shall retain at least one full-time, or
full-time-equivalent, registered nurse onsite if both of the
following are applicable:
(i) The facility does not use mechanical restraint.
(ii) The facility only admits children who have been assessed, at
the point of admission, by a licensed primary care provider and a
licensed psychiatrist, who have concluded, with respect to each
child, that the child does not require medical services that require
24-hour nursing coverage. For purposes of this section, a "primary
care provider" includes a person defined in Section 14254, or a nurse
practitioner who has the responsibility for providing initial and
primary care to patients, for maintaining the continuity of care, and
for initiating referral for specialist care.
(B) Other medical or nursing staff shall be available on call to
provide appropriate services, when necessary, within one hour.
(C) All direct care staff shall be trained in first aid and
cardiopulmonary resuscitation, and in emergency intervention
techniques and methods approved by the Community Care Licensing
Division of the State Department of Social Services.
(2) The State Department of Mental Health may adopt emergency
regulations as necessary to implement this subdivision. The adoption
of these regulations shall be deemed to be an emergency and necessary
for the immediate preservation of the public peace, health and
safety, and general welfare. The regulations shall be exempt from
review by the Office of Administrative Law and shall become effective
immediately upon filing with the Secretary of State. The regulations
shall not remain in effect more than 180 days unless the adopting
agency complies with all the provisions of Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, as required by subdivision (e) of Section 11346.1 of
the Government Code.
(f) During the initial public comment period for the adoption of
the regulations required by this section, the community care facility
licensing regulations proposed by the State Department of Social
Services and the program standards proposed by the State Department
of Mental Health shall be presented simultaneously.
(g) A minor shall be admitted to a community treatment facility
only if the requirements of Section 4094.5 and either of the
following conditions are met:
(1) The minor is within the jurisdiction of the juvenile court,
and has made voluntary application for mental health services
pursuant to Section 6552.
(2) Informed consent is given by a parent, guardian, conservator,
or other person having custody of the minor.
(h) Any minor admitted to a community treatment facility shall
have the same due process rights afforded to a minor who may be
admitted to a state hospital, pursuant to the holding in In re Roger
S. (1977) 19 Cal.3d 921. Minors who are wards or dependents of the
court and to whom this subdivision applies shall be afforded due
process in accordance with Section 6552 and related case law,
including In re Michael E. (1975) 15 Cal.3d 183. Regulations adopted
pursuant to Section 4094 shall specify the procedures for ensuring
these rights, including provisions for notification of rights and the
time and place of hearings.
(i) Notwithstanding Section 13340 of the Government Code, the sum
of forty-five thousand dollars ($45,000) is hereby appropriated
annually from the General Fund to the State Department of Mental
Health for one personnel year to carry out the provisions of this
section.
SECTION 1. SEC. 3. Section 11460 of
the Welfare and Institutions Code is amended to read:
11460. (a) Foster care providers shall be paid a per child per
month rate in return for the care and supervision of the AFDC-FC
child placed with them. The department is designated the single
organizational unit whose duty it shall be to administer a state
system for establishing rates in the AFDC-FC program. State functions
shall be performed by the department or by delegation of the
department to county welfare departments or Indian tribes that have
entered into an agreement pursuant to Section 10553.1.
(b) "Care and supervision" includes food, clothing, shelter, daily
supervision, school supplies, a child's personal incidentals,
liability insurance with respect to a child, reasonable travel to the
child's home for visitation, and costs for reasonable travel for the
child to remain in the school in which he or she is enrolled at the
time of placement.
(1) For a child placed in a group home, care and supervision shall
also include reasonable administration and operational activities
necessary to provide the items listed in this subdivision.
(2) For a child placed in a group home, care and supervision may
also include reasonable activities performed by social workers
employed by the group home provider which are not otherwise
considered daily supervision or administration activities.
(c) It is the intent of the Legislature to establish the maximum
level of state participation in out-of-state foster care group home
program rates effective January 1, 1992.
(1) The department shall develop regulations that establish the
method for determining the level of state participation for each
out-of-state group home program. The department shall consider all of
the following methods:
(A) A standardized system based on the level of care and services
per child per month as detailed in Section 11462.
(B) A system which considers the actual allowable and reasonable
costs of care and supervision incurred by the program.
(C) A system which considers the rate established by the host
state.
(D) Any other appropriate methods as determined by the department.
(2) State reimbursement for the AFDC-FC group home rate to be paid
to an out-of-state program on or after January 1, 1992, shall only
be paid to programs which have done both of the following:
(A) Submitted a rate application to the department and received a
determination of the level of state participation.
(i) The level of state participation shall not exceed the current
fiscal year's standard rate for rate classification level 14.
(ii) The level of state participation shall not exceed the rate
determined by the ratesetting authority of the state in which the
facility is located.
(iii) The level of state participation shall not decrease for any
child placed prior to January 1, 1992, who continues to be placed in
the same out-of-state group home program.
(B) Agreed to comply with information requests, and program and
fiscal audits as determined necessary by the department.
(3) State reimbursement for an AFDC-FC rate paid on or after
January 1, 1993, shall only be paid to a group home organized and
operated on a nonprofit basis.
(d) A foster care provider that accepts payments, following the
effective date of this section, based on a rate established under
this section, shall not receive rate increases or retroactive
payments as the result of litigation challenging rates established
prior to the effective date of this section. This shall apply
regardless of whether a provider is a party to the litigation or a
member of a class covered by the litigation.
(e) Nothing shall preclude a county from using a portion of its
county funds to increase rates paid to family homes and foster family
agencies within that county, and to make payments for specialized
care increments, clothing allowances, or infant supplements to homes
within that county, solely at that county's expense.
SEC. 2. SEC. 4. Section 16010.2 is
added to the Welfare and Institutions Code, to read:
16010.2. The department, in consultation with pediatricians,
other health care experts, and experts in and recipients of child
welfare services, and with the advice and assistance of the
Child Welfare Council welfare services , shall
develop a plan for the ongoing oversight and coordination of health
care services for a child in a foster care placement. The plan shall
ensure a coordinated strategy to identify and respond to the health
care needs of foster children, including mental health and dental
needs, consistent with Section 205 of the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351).
SEC. 3. SEC. 5. Section 16119 of the
Welfare and Institutions Code is amended to read:
16119. (a) At the time application for adoption of a child who is
potentially eligible for Adoption Assistance Program benefits is
made, and at the time immediately prior to the finalization of the
adoption decree, the department or the licensed adoption agency,
whichever is appropriate, shall provide the prospective adoptive
family with information, in writing, on the availability of Adoption
Assistance Program benefits, with an explanation of the difference
between these benefits and foster care payments. The department or
the licensed adoption agency shall also provide the prospective
adoptive family with information, in writing, on the availability of
reimbursement for the nonrecurring expenses incurred in the adoption
of the Adoption Assistance Program eligible child. The department or
licensed adoption agency shall also provide the prospective adoptive
family with information on the availability of mental health services
through the Medi-Cal program or other programs. The department or
licensed adoption agency shall also provide information regarding the
federal adoption tax credit for any individual who is adopting or
considering adopting a child in foster care, in accordance with
Section 403 of the federal Fostering Connections to Success and
Increasing Adoptions Act of 2008 (Public Law 110-351).
(b) The department or the licensed agency shall encourage families
that elect not to sign an adoption assistance agreement to sign a
deferred adoption assistance agreement.
(c) The department or the county, whichever is responsible for
determining the child's eligibility for the Adoption Assistance
Program, shall assess the needs of the child and the circumstances of
the family.
(d) (1) The amount of an adoption assistance cash benefit, if any,
shall be a negotiated amount based upon the needs of the child and
the circumstances of the family. There shall be no means test used to
determine an adoptive family's eligibility for the Adoption
Assistance Program , or the amount of adoption assistance
payments . In those instances where an otherwise eligible child
does not require a cash benefit, Medi-Cal eligibility may be
established for the child, as needed.
(2) For purposes of paragraph (1), "circumstances of the family"
includes the family's ability to incorporate the child into the
household in relation to the lifestyle, standard of living, and
future plans and to the overall capacity to meet the immediate and
future plans and needs, including education, of the child.
(e) The department or the licensed adoption agency shall inform
the prospective adoptive family regarding the county responsible for
providing financial aid to the adoptive family in an amount
determined pursuant to Sections 16120 and 16120.1.
(f) The department or the licensed adoption agency shall inform
the prospective adoptive family that the adoptive parents will
continue to receive benefits in the agreed upon amount unless one of
the following occurs:
(1) The department determines that the adoptive parents are no
longer legally responsible for the support of the child.
(2) The department determines that the child is no longer
receiving support from the adoptive family.
(3) The adoption assistance payment exceeds the amount that the
child would have been eligible for in a licensed foster home.
(4) The adoptive parents demonstrate a need for an increased
payment.
(5) The adoptive parents voluntarily reduce or terminate payments.
(6) The adopted child has an extraordinary need that was not
anticipated at the time the amount of the adoption assistance was
originally negotiated.
SEC. 5.5. Section 16119 of the Welfare
and Institutions Code is amended to read:
16119. (a) At the time application for adoption of a child who is
potentially eligible for Adoption Assistance Program benefits is
made, and at the time immediately prior to the finalization of the
adoption decree, the department or the licensed adoption agency,
whichever is appropriate, shall provide the prospective adoptive
family with information, in writing, on the availability of Adoption
Assistance Program benefits, with an explanation of the difference
between these benefits and foster care payments. The department or
the licensed adoption agency shall also provide the prospective
adoptive family with information, in writing, on the availability of
reimbursement for the nonrecurring expenses incurred in the adoption
of the Adoption Assistance Program eligible child. The department or
licensed adoption agency shall also provide the prospective adoptive
family with information on the availability of mental health services
through the Medi-Cal program or other programs. The department
or licensed adoption agency shall also provide information regarding
the federal adoption tax credit for any individual who is adopting or
considering adopting a child in foster care, in accordance with
Section 403 of the federal Fostering Connections to Success and
Increasing Adoptions Act of 2008 (Public Law 110-351).
(b) The department or the licensed agency shall encourage families
that elect not to sign an adoption assistance agreement to sign a
deferred adoption assistance agreement.
(c) The department or the county, whichever is responsible for
determining the child's eligibility for the Adoption Assistance
Program, shall assess the needs of the child and the circumstances of
the family.
(d) (1) The amount of an adoption assistance cash benefit, if any,
shall be a negotiated amount based upon the needs of the child and
the circumstances of the family. There shall be no means test used to
determine an adoptive family's eligibility for the Adoption
Assistance Program , or the amount of adoption assistance
payments . In those instances where an otherwise eligible child
does not require a cash benefit, Medi-Cal eligibility may be
established for the child, as needed.
(2) For purposes of paragraph (1), "circumstances of the family"
includes the family's ability to incorporate the child into the
household in relation to the lifestyle, standard of living, and
future plans and to the overall capacity to meet the immediate and
future plans and needs, including education, of the child.
(e) The department or the licensed adoption agency shall inform
the prospective adoptive family regarding the county responsible for
providing financial aid to the adoptive family in an amount
determined pursuant to Sections 16120 and 16120.1.
(f) The department or the licensed adoption agency shall inform
the prospective adoptive family that the adoptive parents will
continue to receive benefits in the agreed upon amount unless one of
the following occurs:
(1) The department determines that the adoptive parents are no
longer legally responsible for the support of the child.
(2) The department determines that the child is no longer
receiving support from the adoptive family.
(3) The adoption assistance payment exceeds the amount that the
child would have been eligible for in a licensed foster home.
(4) The adoptive parents demonstrate a need for an increased
payment.
(5) The adoptive parents voluntarily reduce or terminate payments.
(6) The adopted child has an extraordinary need that was not
anticipated at the time the amount of the adoption assistance was
originally negotiated.
(g) The department or licensed adoption agency shall inform the
prospective adoptive family of their potential eligibility for a
federal tax credit under Section 23 of the Internal Revenue Code of
1986 (26 U.S.C. Sec. 23) and a state tax credit under Section
17052.25 of the Revenue and Taxation Code.
SEC. 6. Section 16120.1 of the Welfare
and Institutions Code is amended to read:
16120.1. Upon the authorization of the department or, where
appropriate, the county responsible for determining the child's
Adoption Assistance Program eligibility status and for providing
financial aid, the responsible county shall directly reimburse
eligible individuals for reasonable nonrecurring expenses, as defined
by the department, incurred as a result of the adoption of a
child eligible for the Adoption Assistance Program
special needs child, as defined in subdivisions (a) to (c),
inclusive, and subdivision (l), of Section 16120 . The state
shall provide payment to the county for the reimbursement.
Reimbursements shall conform to the eligibility criteria and claiming
procedures established by the department and shall be subject to the
following conditions:
(a) The amount of the payment shall be determined through
agreement between the adopting parent or parents and the department
or the county responsible for determining the child's Adoption
Assistance Program eligibility status and for providing financial
aid. The agreement shall indicate the nature and the amount of the
nonrecurring expenses to be paid. Payments shall be limited to an
amount not to exceed four hundred dollars ($400) for each placement
eligible for the Adoption Assistance Program.
(b) There shall be no income eligibility requirement for an
adoptive parent or adoptive parents in determining whether payments
for nonrecurring expenses shall be made.
(c) Reimbursement for nonrecurring expenses shall be limited to
costs incurred by or on behalf of an adoptive parent or adoptive
parents that are not reimbursed from other sources. No payments shall
be made under this section if the federal program for reimbursement
of nonrecurring expenses for the adoption of children eligible for
the Adoption Assistance Program pursuant to Section 673 of Title 42
of the United States Code is terminated.
(d) Reimbursement for nonrecurring expenses shall be in addition
to any adoption expenses paid pursuant to Section 16121 and shall not
be included in the computation of maximum benefits for which the
adoptive family is eligible pursuant to Section 16121.
SEC. 7. Section 16121 of the Welfare
and Institutions Code is amended to read:
16121. (a) In accordance with the adoption assistance agreement,
the adoptive family shall be paid an amount of aid based on the child'
s needs otherwise covered in AFDC-FC payments and the circumstance of
the adopting parents but that shall not exceed the foster care
maintenance payment that would have been paid based on the age
related state-approved foster family home care rate, and any
applicable specialized care increment, for a child placed in a
licensed or approved family home pursuant to subdivisions (a) to (d),
inclusive, of Section 11461. This subdivision shall only apply to
adoption assistance agreements executed before January 1, 2010.
(1) Notwithstanding any other provision of this section, for
adoption assistance agreements executed on or after January 1, 2010,
the adoptive family shall be paid an amount of aid based on the child'
s needs otherwise covered in AFDC-FC payments and the circumstance of
the adopting parents, but that amount shall not exceed the foster
care maintenance payment, and any applicable specialized care
increment, that the child received while placed in a licensed or
approved family home pursuant to subdivisions (a) to (d), inclusive,
of Section 11461.
(2) For adoption assistance agreements executed on or after
January 1, 2010, adoption assistance benefits shall not be increased
based on age, as occurs for foster family homes pursuant to
subdivisions (a) to (d), inclusive, of Section 11461. This paragraph
shall not preclude any reassessments of the child's needs, consistent
with other provisions of this chapter.
(3)
(b) Payment may be made on behalf of an otherwise
eligible child in a state-approved group home or residential care
treatment facility if the department or county responsible for
determining payment has confirmed that the placement is necessary for
the temporary resolution of mental or emotional problems related to
a condition that existed prior to the adoptive placement. Out-of-home
placements shall be in accordance with the applicable provisions of
Chapter 3 (commencing with Section 1500) of Division 2 of the Health
and Safety Code and other applicable statutes and regulations
governing eligibility for AFDC-FC payments for placements in in-state
and out-of-state facilities. The designation of the placement
facility shall be made after consultation with the family by the
department or county welfare agency responsible for determining the
Adoption Assistance Program (AAP) eligibility and authorizing
financial aid. Group home or residential placement shall only be made
as part of a plan for return of the child to the adoptive family,
that shall actively participate in the plan. Adoption Assistance
Program benefits shall not may be
authorized for payment of
for an eligible child's group home or
residential treatment facility placement that exceeds an
18-month cumulative period of time for a specific episode or
condition justifying that placement if the placement
is justified by a specific episode or condition and does not exceed
an 18-month cumulative period of time. After an initial authorized
group home or residential treatment facility placement, subsequent
authorizations for payment for a group home or residential treatment
facility placement may be based on an eligible child's subsequent
specific episodes or conditions .
(c) (1) Payments on behalf of a child who is a recipient of AAP
benefits who is also a consumer of regional center services shall be
based on the rates established by the State Department of Social
Services pursuant to Section 11464 and subject to the process
described in paragraph (1) of subdivision (d) of Section 16119.
(2) (A) Except as provided for in subparagraph (B), this
subdivision shall apply to adoption assistance agreements signed on
or after July 1, 2007.
(B) Rates paid on behalf of regional center consumers who are
recipients of AAP benefits and for whom an adoption assistance
agreement was executed before July 1, 2007, shall remain in effect,
and may only be changed in accordance with Section 16119.
(i) If the rates paid pursuant to adoption assistance agreements
executed before July 1, 2007, are lower than the rates specified in
paragraph (1) of subdivision (c) or paragraph (1) of subdivision (d)
of Section 11464, respectively, those rates shall be increased, as
appropriate and in accordance Section 16119, to the amount set forth
in paragraph (1) of subdivision (c) or paragraph (1) of subdivision
(d) of Section 11464, effective July 1, 2007. Once set, the rates
shall remain in effect and may only be changed in accordance with
Section 16119.
(ii) For purposes of this clause, for a child who is a recipient
of AAP benefits or for whom the execution of an AAP agreement is
pending, and who has been deemed eligible for or has sought an
eligibility determination for regional center services pursuant to
subdivision (a) of Section 4512, and for whom a determination of
eligibility for those regional center services has been made, and for
whom, prior to July 1, 2007, a maximum rate determination has been
requested and is pending, the rate shall be determined through an
individualized assessment and pursuant to subparagraph (C) of
paragraph (1) of subdivision (c) of Section 35333 of Title 22 of the
California Code of Regulations as in effect on January 1, 2007, or
the rate established in subdivision (b) of Section 11464, whichever
is greater. Once the rate has been set, it shall remain in effect and
may only be changed in accordance with Section 16119. Other than the
circumstances described in this clause, regional centers shall not
make maximum rate benefit determinations for the AAP.
(3) Regional centers shall separately purchase or secure the
services contained in the child's IFSP or IPP, pursuant to Section
4684.
(4) Regulations adopted by the department pursuant to this
subdivision shall be adopted as emergency regulations in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 or the Government Code, and for the purposes of
that chapter, including Section 11349.6 of the Government Code, the
adoption of these regulations is an emergency and shall be considered
by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health, safety, and general
welfare. The regulations authorized by this paragraph shall remain in
effect for no more than 180 days, by which time final regulations
shall be adopted.
(d) (1) In the event that a family signs an adoption assistance
agreement where a cash benefit is not awarded, the adopting family
shall be otherwise eligible to receive Medi-Cal benefits for the
child if it is determined that the benefits are needed pursuant to
this chapter.
(2) Regional centers shall separately purchase or secure the
services that are contained in the child's Individualized Family
Service Plan (IFSP) or Individual Program Plan (IPP) pursuant to
Section 4684.
(e) Subdivisions (a), (b), and (d) shall apply only to adoption
assistance agreements signed on or after October 1, 1992.
(f) This section shall supersede the requirements of subparagraph
(C) of paragraph (1) of Section 35333 of Title 22 of the California
Code of Regulations.
SEC. 8. Section 16121.05 of the Welfare
and Institutions Code is amended to read:
16121.05. (a) The department may recover any overpayments of
financial assistance under the Adoption Assistance Program, and shall
develop regulations that establish the means to recoup them,
including an appropriate notice of action and appeal rights, when the
department determines either of the following applies:
(1) The adoptive parents are no longer legally responsible for the
support of the child.
(2) The child is no longer receiving support from the adoptive
family.
(3) The adoptive family has committed fraud in its application
for, or reassessment of, the adoption assistance.
(b) Children on whose behalf an adoption assistance agreement had
been executed prior to October 1, 1992, shall continue to receive
adoption assistance in accordance with the terms of that agreement.
(c) Payment shall begin on or after the effective date of an
adoption assistance agreement, or a deferred adoption assistance
agreement, or a final decree of adoption, provided that the adoption
assistance agreement has been signed by all required parties prior to
or at the time the adoption decree is issued by the court. The
amount and duration of assistance shall not be changed without the
concurrence of the adoptive parents, unless any of the following has
occurred:
(1) The child has attained 18 years of age, or 21 years of age
where the child has a mental or physical disability that warrants the
continuation of assistance.
(2) The adoptive parents are no longer legally responsible for the
support of the child.
(3) The child is no longer receiving any support from adoptive
parents.
(d) Children on whose behalf an aid for adoption of children
agreement had been executed prior to October 1, 1982, shall continue
to receive aid for adoption of children benefits in accordance with
the terms of that agreement. This aid for adoption of children
agreement may be renewed, provided that total benefits do not exceed
five years. Prior to the end of the five-year period, if there is a
continuing need related to a chronic health condition of the child
that necessitated the initial financial assistance, the time period
for which it may be given shall be determined by the department or
the agency, but shall not extend past the time that the child reaches
18 years of age. Prior to the expiration of the extension period, if
there is a continuing need, a parent may petition the department or
the designated licensed adoption agency for a new period of
termination. The department or the agency shall make its
determination regarding the financial ability of the parents to meet
the continuing medical needs of the child's health condition at the
time of adoption, taking into consideration community resources.
SEC. 9. Section 16501.1 of the Welfare
and Institutions Code is amended to read:
16501.1. (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
(b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
(2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
(3) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
(4) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
(c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, proximity to the child's
school, consistent with the selection of the environment best suited
to meet the child's special needs and best interests, or both. The
selection shall consider, in order of priority, placement with
relatives, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code.
(2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school attendance area.
(d) A written case plan shall be completed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) of Section 16501 if the child has not
been removed from his or her home, or by the date of the
dispositional hearing pursuant to Section 358, whichever occurs
first. The case plan shall be updated, as the service needs of the
child and family dictate. At a minimum, the case plan shall be
updated in conjunction with each status review hearing conducted
pursuant to Section 366.21, and the hearing conducted pursuant to
Section 366.26, but no less frequently than once every six months.
Each updated case plan shall include a description of the services
that have been provided to the child under the plan and an evaluation
of the appropriateness and effectiveness of those services.
(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child's family, as well as the input of relatives and other
interested parties.
(2) The extension of the maximum time available for preparing a
written case plan from the 30 to 60 days shall be effective 90 days
after the date that the department gives counties written notice that
necessary changes have been made to the Child Welfare Services Case
Management System to account for the 60-day timeframe for preparing a
written case plan.
(e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
(f) The case plan shall be developed as follows:
(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
(4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative,
consistent with federal law and in accordance with the department's
approved state plan. For children in out-of-state group home
facilities, visits shall be conducted at least monthly, pursuant to
Section 16516.5. At least once every six months, at the time of a
regularly scheduled social worker contact with the foster child, the
child's social worker shall inform the child of his or her rights as
a foster child, as specified in Section 16001.9. The social worker
shall provide the information to the child in a manner appropriate to
the age or developmental level of the child.
(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
(B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
(A) The death of an immediate relative.
(B) The birth of a sibling.
(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
(8) Effective January 1, 2010, a case plan shall ensure the
educational stability of the child while in foster care and shall
include both of the following:
(A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of
placement.
(B) An assurance that the placement agency has coordinated with
appropriate local educational agencies to ensure that the child
remains in the school in which the child is enrolled at the time of
placement, or, if remaining in that school is not in the best
interests of the child, assurances by the placement agency and the
local educational agency to provide immediate and appropriate
enrollment in a new school and to provide all of the child's
educational records to the new school.
(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings. This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
(B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.
(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest. A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
(12) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In any voluntary service or
placement agreement, the parents or legal guardians shall be required
to review and sign the case plan. Whenever possible, parents and
legal guardians shall participate in the development of the case
plan.
(B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be advised
that the parent's or guardian's failure to cooperate, except for
good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of age
or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.
(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
(15) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child's wishes regarding their permanent
placement plan and an assessment of those stated wishes. The agency
shall also include documentation of the steps the agency is taking to
find an adoptive family or other permanent living arrangements for
the child; to place the child with an adoptive family, an appropriate
and willing relative, a legal guardian, or in another planned
permanent living arrangement; and to finalize the adoption or legal
guardianship. At a minimum, the documentation shall include
child-specific recruitment efforts, such as the use of state,
regional, and national adoption exchanges, including electronic
exchange systems, when the child has been freed for adoption.
(16) (A) When appropriate, for a child who is
16 years of age or older, the case plan shall include a written
description of the programs and services that will help the child,
consistent with the child's best interests, prepare for the
transition from foster care to independent living. The case plan
shall be developed with the child and individuals identified as
important to the child, and shall include steps the agency is taking
to ensure that the child has a connection to a caring adult.
(B) During the 90-day period prior to the participant attaining 18
years of age or older as the state may elect under Section 475 (8)
(B)(iii)(42 U.S.C. Sec. 675 (8)(B)(iii)) of the federal Social
Security Act, whether during that period foster care maintenance
payments are being made on the child's behalf or the child is
receiving benefits or services under Section 477 (42 U.S.C. Sec. 677)
of the federal Social Security Act, a caseworker or other
appropriate agency staff or probation officer and other
representatives of the participant, as appropriate, shall address, in
the written transitional independent living plan, information as
detailed as the participant elects that shall include, but not be
limited to, options regarding housing, health insurance, education,
local opportunities for mentors and continuing support services, and
workforce supports and employment services.
(g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation. This section does not require or prohibit
the social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
(h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
(i) When a child who is 10 years of age or older and who has been
in out-of-home placement for six months or longer, the case plan
shall include an identification of individuals, other than the child'
s siblings, who are important to the child and actions necessary to
maintain the child's relationship with those individuals, provided
that those relationships are in the best interest of the child. The
social worker shall ask every child who is 10 years of age or older
and who has been in out-of-home placement for six months or longer to
identify individuals other than the child's siblings who are
important to the child, and may ask any other child to provide that
information, as appropriate. The social worker shall make efforts to
identify other individuals who are important to the child, consistent
with the child's best interests.
(j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
(k) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association and other advocates,
shall develop a comprehensive plan to ensure that 90 percent of
foster children are visited by their caseworkers on a monthly basis
by October 1, 2011, and that the majority of the visits occur in the
residence of the child. The plan shall include any data reporting
requirements necessary to comply with the provisions of the federal
Child and Family Services Improvement Act of 2006 (Public Law
109-288).
(l) The implementation and operation of the amendments to
subdivision (i) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
SEC. 9.5. Section 16501.1 of the
Welfare and Institutions Code is amended to read:
16501.1. (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of
the child to a safe
home or the permanent placement of the child, and to address the
needs of the child while in foster care.
(b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
(2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
(3) (A) In determining the reasonable services to be offered or
provided, the case plan shall include information, to the extent
possible, about a parent's incarceration in a county jail or the
state prison during the time that a minor child of that parent is
involved in dependency care. Once a consistent data entry field or
fields have been designated in the statewide child welfare database,
social workers shall make reasonable efforts to collect and update
necessary data regarding a child's incarcerated parent or parents.
(B) In order to further the goals of this paragraph, the
Legislature encourages the State Department of Social Services to
consult with the county welfare directors regarding the best way to
incorporate the information specified in subparagraph (A) as a
required field in the statewide database. The Legislature also
encourages the Department of Justice, the Department of Corrections
and Rehabilitation, county welfare departments, and county sheriffs
to develop protocols for facilitating the exchange of information
regarding the location and sentencing of the incarcerated parent or
parents of a minor child who is in dependency care.
(C) Nothing in this paragraph shall be interpreted to require the
department to create a new dedicated field in the statewide database
for incorporating the information specified in subparagraph (A).
(3)
(4) Reasonable services shall be offered or provided to
make it possible for a child to return to a safe home environment,
unless, pursuant to subdivisions (b) and (e) of Section 361.5, the
court determines that reunification services shall not be provided.
(4)
(5) If reasonable services are not ordered, or are
terminated, reasonable efforts shall be made to place the child in a
timely manner in accordance with the permanent plan and to complete
all steps necessary to finalize the permanent placement of the child.
(c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, proximity to the child's
school, consistent with the selection of the environment best suited
to meet the child's special needs and best interests, or both. The
selection shall consider, in order of priority, placement with
relatives, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code.
(2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school attendance area.
(d) A written case plan shall be completed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) of Section 16501 if the child has not
been removed from his or her home, or by the date of the
dispositional hearing pursuant to Section 358, whichever occurs
first. The case plan shall be updated, as the service needs of the
child and family dictate. At a minimum, the case plan shall be
updated in conjunction with each status review hearing conducted
pursuant to Section 366.21, and the hearing conducted pursuant to
Section 366.26, but no less frequently than once every six months.
Each updated case plan shall include a description of the services
that have been provided to the child under the plan and an evaluation
of the appropriateness and effectiveness of those services.
(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child's family, as well as the input of relatives and other
interested parties.
(2) The extension of the maximum time available for preparing a
written case plan from the 30 to 60 days shall be effective 90 days
after the date that the department gives counties written notice that
necessary changes have been made to the Child Welfare Services Case
Management System to account for the 60-day timeframe for preparing a
written case plan.
(e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
(f) The case plan shall be developed as follows:
(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
(4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative,
consistent with federal law and in accordance with the department's
approved state plan. For children in out-of-state group home
facilities, visits shall be conducted at least monthly, pursuant to
Section 16516.5. At least once every six months, at the time of a
regularly scheduled social worker contact with the foster child, the
child's social worker shall inform the child of his or her rights as
a foster child, as specified in Section 16001.9. The social worker
shall provide the information to the child in a manner appropriate to
the age or developmental level of the child.
(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
(B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
(A) The death of an immediate relative.
(B) The birth of a sibling.
(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
(8) Effective January 1, 2010, a case plan shall ensure the
educational stability of the child while in foster care and shall
include both of the following:
(A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of
placement.
(B) An assurance that the placement agency has coordinated with
appropriate local educational agencies to ensure that the child
remains in the school in which the child is enrolled at the time of
placement, or, if remaining in that school is not in the best
interests of the child, assurances by the placement agency and the
local educational agency to provide immediate and appropriate
enrollment in a new school and to provide all of the child's
educational records to the new school.
(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings. This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
(B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.
(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest. A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
(12) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In any voluntary service or
placement agreement, the parents or legal guardians shall be required
to review and sign the case plan. Whenever possible, parents and
legal guardians shall participate in the development of the case
plan.
(B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be advised
that the parent's or guardian's failure to cooperate, except for
good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of age
or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.
(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
(15) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child's wishes regarding their permanent
placement plan and an assessment of those stated wishes. The agency
shall also include documentation of the steps the agency is taking to
find an adoptive family or other permanent living arrangements for
the child; to place the child with an adoptive family, an appropriate
and willing relative, a legal guardian, or in another planned
permanent living arrangement; and to finalize the adoption or legal
guardianship. At a minimum, the documentation shall include
child-specific recruitment efforts, such as the use of state,
regional, and national adoption exchanges, including electronic
exchange systems, when the child has been freed for adoption.
(16) (A) When appropriate, for a child who
is 16 years of age or older, the case plan shall include a written
description of the programs and services that will help the child,
consistent with the child's best interests, prepare for the
transition from foster care to independent living. The case plan
shall be developed with the child and individuals identified as
important to the child, and shall include steps the agency is taking
to ensure that the child has a connection to a caring adult.
(B) During the 90-day period prior to the participant attaining 18
years of age or older as the state may elect under Section 475 (8)
(B)(iii)(42 U.S.C. Sec. 675 (8)(B)(iii)) of the federal Social
Security Act, whether during that period foster care maintenance
payments are being made on the child's behalf or the child is
receiving benefits or services under Section 477 (42 U.S.C. Sec. 677)
of the federal Social Security Act, a caseworker or other
appropriate agency staff or probation officer and other
representatives of the participant, as appropriate, must address, in
the written transitional independent living plan, information as
detailed as the participant elects that shall include, but not be
limited to, options regarding housing, health insurance, education,
local opportunities for mentors and continuing support services, and
workforce supports and employment services.
(g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation. This section does not require or prohibit
the social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
(h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
(i) When a child who is 10 years of age or older and who has been
in out-of-home placement for six months or longer, the case plan
shall include an identification of individuals, other than the child'
s siblings, who are important to the child and actions necessary to
maintain the child's relationship with those individuals, provided
that those relationships are in the best interest of the child. The
social worker shall ask every child who is 10 years of age or older
and who has been in out-of-home placement for six months or longer to
identify individuals other than the child's siblings who are
important to the child, and may ask any other child to provide that
information, as appropriate. The social worker shall make efforts to
identify other individuals who are important to the child, consistent
with the child's best interests.
(j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
(k) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association and other advocates,
shall develop a comprehensive plan to ensure that 90 percent of
foster children are visited by their caseworkers on a monthly basis
by October 1, 2011, and that the majority of the visits occur in the
residence of the child. The plan shall include any data reporting
requirements necessary to comply with the provisions of the federal
Child and Family Services Improvement Act of 2006 (Public Law
109-288).
(l) The implementation and operation of the amendments to
subdivision (i) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
SEC. 10. Section 5.5 of this bill incorporates
amendments to Section 16119 of the Welfare and Institutions Code
proposed by both this bill and AB 154. It shall only become operative
if (1) both bills are enacted and become effective on or before
January 1, 2010, (2) each bill amends Section 16119 of the Welfare
and Institutions Code, and (3) this bill is enacted after AB 154, in
which case Section 5 of this bill shall not become operative.
SEC. 11. Section 9.5 of this bill incorporates
amendments to Section 16501.1 of the Welfare and Institutions Code
proposed by both this bill and SB 118. It shall only become operative
if (1) both bills are enacted and become effective on or before
January 1, 2010, (2) each bill amends Section 16501.1 of the Welfare
and Institutions Code, and (3) this bill is enacted after SB 118, in
which case Section 9 of this bill shall not become operative.
SEC. 12. 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.