BILL NUMBER: AB 2209	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hueso

                        FEBRUARY 23, 2012

   An act to amend Sections 361.2, 366, and 16010.6 of the Welfare
and Institutions Code, relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2209, as introduced, Hueso. Juveniles: dependent children:
placement.
   (1) Existing law provides for the removal of children who are
unable to remain in the custody and care of their parent or parents.
When a court orders the removal of a child, under existing law, the
court is required to order the care, custody, control, and conduct of
the child to be under the supervision of a social worker who may
make certain placements for the child. Existing law requires the
status of dependent children to be periodically reviewed, and
requires the court to consider the safety of the child and make
certain determinations, including the continuing necessity and
appropriateness of a dependent child's placement. Existing law
requires, as soon as possible after a placing agency makes a decision
with respect to a placement or a change in placement of a dependent
child, the placing agency to notify the child's attorney and provide
specified information.
   This bill would prohibit the placement of any dependent child who
is a United States citizen with any person, who is not a parent,
outside the United States, as specified, prior to a judicial finding
that the placement, by clear and convincing evidence, is in the best
interest of the child.
   By increasing the duties of social workers and county placing
agencies, this bill would impose a state-mandated local program.
   (2) 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: yes.


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

  SECTION 1.  Section 361.2 of the Welfare and Institutions Code is
amended to read:
   361.2.  (a) When a court orders removal of a child pursuant to
Section 361, the court shall first determine whether there is a
parent of the child, with whom the child was not residing at the time
that the events or conditions arose that brought the child within
the provisions of Section 300, who desires to assume custody of the
child. If that parent requests custody, the court shall place the
child with the parent unless it finds that placement with that parent
would be detrimental to the safety, protection, or physical or
emotional well-being of the child.
   (b) If the court places the child with that parent it may do any
of the following:
   (1) Order that the parent become legal and physical custodian of
the child. The court may also provide reasonable visitation by the
noncustodial parent. The court shall then terminate its jurisdiction
over the child. The custody order shall continue unless modified by a
subsequent order of the superior court. The order of the juvenile
court shall be filed in any domestic relation proceeding between the
parents.
   (2) Order that the parent assume custody subject to the
jurisdiction of the juvenile court and require that a home visit be
conducted within three months. In determining whether to take the
action described in this paragraph, the court shall consider any
concerns that have been raised by the child's current caregiver
regarding the parent. After the social worker conducts the home visit
and files his or her report with the court, the court may then take
the action described in paragraph (1), (3), or this paragraph.
However, nothing in this paragraph shall be interpreted to imply that
the court is required to take the action described in this paragraph
as a prerequisite to the court taking the action described in either
paragraph (1) or paragraph (3).
   (3) Order that the parent assume custody subject to the
supervision of the juvenile court. In that case the court may order
that reunification services be provided to the parent or guardian
from whom the child is being removed, or the court may order that
services be provided solely to the parent who is assuming physical
custody in order to allow that parent to retain later custody without
court supervision, or that services be provided to both parents, in
which case the court shall determine, at review hearings held
pursuant to Section 366, which parent, if either, shall have custody
of the child.
   (c) The court shall make a finding either in writing or on the
record of the basis for its determination under subdivisions (a) and
(b).
   (d) Part 6 (commencing with Section 7950) of Division 12 of the
Family Code shall apply to the placement of a child pursuant to
paragraphs (1) and (2) of subdivision (e).
   (e) When the court orders removal pursuant to Section 361, the
court shall order the care, custody, control, and conduct of the
child to be under the supervision of the social worker who may place
the child in any of the following:
   (1) The home of a noncustodial parent as described in subdivision
(a).
   (2) The approved home of a relative.
   (3) The approved home of a nonrelative extended family member as
defined in Section 362.7.
   (4) A foster home in which the child has been placed before an
interruption in foster care, if that placement is in the best
interest of the child and space is available.
   (5) A suitable licensed community care facility.
   (6) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
   (7) A home or facility in accordance with the federal Indian Child
Welfare Act.
   (8) A child under the age of six years may be placed in a
community care facility licensed as a group home for children, or a
temporary shelter care facility as defined in Section 1530.8 of the
Health and Safety Code, only under any of the following
circumstances:
   (A) When a case plan indicates that placement is for purposes of
providing specialized treatment to the child, the case plan specifies
the need for, nature of, and anticipated duration of this treatment,
and the facility meets the applicable regulations adopted under
Section 1530.8 of the Health and Safety Code and standards developed
pursuant to Section 11467.1. The specialized treatment period shall
not exceed 120 days, unless additional time is needed pursuant to the
case plan as documented by the caseworker and approved by the
caseworker's supervisor.
   (B) When a case plan indicates that placement is for purposes of
providing family reunification services. In addition, the facility
offers family reunification services that meet the needs of the
individual child and his or her family, permits parents to have
reasonable access to their children 24 hours a day, encourages
extensive parental involvement in meeting the daily needs of their
children, and employs staff trained to provide family reunification
services. In addition, one of the following conditions exists:
   (i) The child's parent is also a ward of the court and resides in
the facility.
   (ii) The child's parent is participating in a treatment program
affiliated with the facility and the child's placement in the
facility facilitates the coordination and provision of reunification
services.
   (iii) Placement in the facility is the only alternative that
permits the parent to have daily 24-hour access to the child in
accordance with the case plan, to participate fully in meeting all of
the daily needs of the child, including feeding and personal
hygiene, and to have access to necessary reunification services. 

   (9)  Nothing in this subdivision shall be construed to allow a
social worker to place a dependent child, who is a citizen of the
United States, outside the United States, except as specified in
subdivision (f).  
   (f) (1) A child under the supervision of a social worker pursuant
to subdivision (e), who is a citizen of the United States, shall not
make a placement outside the United States prior to a judicial
finding that the placement is in the best interest of the child.
 
   (2) The social worker shall carry the burden of proof and must
show, by clear and convincing evidence, that placement outside the
United States is in the best interest of the child.  
   (3) In determining the best interest of the child, the court shall
consider, but not be limited to, the following factors:  
   (A) Placement of siblings in the same home.  
   (B) Amount and nature of any contact between the child and the
potential guardian or caretaker.  
   (C) Physical and medical needs of the dependent child.  
   (D) Psychological and emotional needs of the dependent child.

   (E) Social, cultural, and educational needs of the dependent
child.  
   (F) Specific desires of any dependent child who is 12 years of age
or older.  
   (4) If the court finds that a placement outside the United States
is, by clear and convincing evidence, in the best interest of the
child, the court shall issue an order authorizing the social worker
to make a placement outside the United States. A child subject to
this subdivision shall not leave the United States prior to the
issuance of the order described in this paragraph.  
   (5) For purposes of this subdivision, "outside the United States"
shall not include the lands of any federally recognized American
Indian tribe or Alaskan Natives.  
   (6) This subdivision shall not apply to the placement of a
dependent child with a parent.  
   (f) 
    (g)  (1) If the child is taken from the physical custody
of the child's parent or guardian and unless the child is placed
with relatives, the child shall be placed in foster care in the
county of residence of the child's parent or guardian in order to
facilitate reunification of the family.
   (2) In the event that there are no appropriate placements
available in the parent's or guardian's county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent's or guardian's
community of residence.
   (3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child's placement corresponding to
frequent changes of residence by the parent or guardian. In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent's or guardian's
reason for the move.
   (4) When it has been determined that it is necessary for a child
to be placed in a county other than the child's parent's or guardian'
s county of residence, the specific reason the out-of-county
placement is necessary shall be documented in the child's case plan.
If the reason the out-of-county placement is necessary is the lack of
resources in the sending county to meet the specific needs of the
child, those specific resource needs shall be documented in the case
plan.
   (5) When it has been determined that a child is to be placed
out-of-county either in a group home or with a foster family agency
for subsequent placement in a certified foster family home, and the
sending county is to maintain responsibility for supervision and
visitation of the child, the sending county shall develop a plan of
supervision and visitation that specifies the supervision and
visitation activities to be performed and specifies that the sending
county is responsible for performing those activities. In addition to
the plan of supervision and visitation, the sending county shall
document information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern in the receiving county. Upon implementation of the Child
Welfare Services Case Management System, the plan of supervision and
visitation, as well as information regarding any known or suspected
dangerous behavior of the child, shall be made available to the
receiving county upon placement of the child in the receiving county.
If placement occurs on a weekend or holiday, the information shall
be made available to the receiving county on or before the end of the
next business day.
   (6) When it has been determined that a child is to be placed
out-of-county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties. The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation. The formal agreement shall be approved
and signed by the sending and receiving counties prior to placement
of the child in the receiving county. In addition, upon completion of
the case plan, the sending county shall provide a copy of the
completed case plan to the receiving county. The case plan shall
include information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern to the receiving county. 
   (g) 
    (h)  Whenever the social worker must change the
placement of the child and is unable to find a suitable placement
within the county and must place the child outside the county, the
placement shall not be made until he or she has served written notice
on the parent or guardian at least 14 days prior to the placement,
unless the child's health or well-being is endangered by delaying the
action or would be endangered if prior notice were given. The notice
shall state the reasons which require placement outside the county.
The parent or guardian may object to the placement not later than
seven days after receipt of the notice and, upon objection, the court
shall hold a hearing not later than five days after the objection
and prior to the placement. The court shall order out-of-county
placement if it finds that the child's particular needs require
placement outside the county. 
   (h) 
    (i)  Where the court has ordered removal of the child
from the physical custody of his or her parents pursuant to Section
361, the court shall consider whether the family ties and best
interest of the child will be served by granting visitation rights to
the child's grandparents. The court shall clearly specify those
rights to the social worker. 
   (i) 
    (j)  Where the court has ordered removal of the child
from the physical custody of his or her parents pursuant to Section
361, the court shall consider whether there are any siblings under
the court's jurisdiction, the nature of the relationship between the
child and his or her siblings, the appropriateness of developing or
maintaining the sibling relationships pursuant to Section 16002, and
the impact of the sibling relationships on the child's placement and
planning for legal permanence. 
   (j) 
    (k)  (1) When an agency has placed a child with a
relative caregiver, a nonrelative extended family member, a licensed
foster family home, or a group home, the agency shall ensure
placement of the child in a home that, to the fullest extent
possible, best meets the day-to-day needs of the child. A home that
best meets the day-to-day needs of the child shall satisfy all of the
following criteria:
   (A) The child's caregiver is able to meet the day-to-day health,
safety, and well-being needs of the child.
   (B) The child's caregiver is permitted to maintain the least
restrictive and most family-like environment that serves the
day-to-day needs of the child.
   (C) The child is permitted to engage in reasonable,
age-appropriate day-to-day activities that promote the most
family-like environment for the foster child.
   (2) The foster child's caregiver shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, to determine day-to-day activities that are
age-appropriate to meet the needs of the child. Nothing in this
section shall be construed to permit a child's caregiver to permit
the child to engage in day-to-day activities that carry an
unreasonable risk of harm, or subject the child to abuse or neglect.
  SEC. 2.  Section 366 of the Welfare and Institutions Code is
amended to read:
   366.  (a) (1) The status of every dependent child in foster care
shall be reviewed periodically as determined by the court but no less
frequently than once every six months, as calculated from the date
of the original dispositional hearing, until the hearing described in
Section 366.26 is completed. The court shall consider the safety of
the child and shall determine all of the following:
   (A) The continuing necessity for and appropriateness of the
placement.
   (B) The extent of the agency's compliance with the case plan in
making reasonable efforts, or, in the case of an Indian child, active
efforts as described in Section 361.7, to return the child to a safe
home and to complete any steps necessary to finalize the permanent
placement of the child, including efforts to maintain relationships
between a child who is 10 years of age or older and who has been in
an out-of-home placement for six months or longer, and individuals
other than the child's siblings who are important to the child,
consistent with the child's best interests.
   (C) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions for the child. That
limitation shall be specifically addressed in the court order and may
not exceed those necessary to protect the child. Whenever the court
specifically limits the right of the parent or guardian to make
educational decisions for the child, the court shall at the same time
appoint a responsible adult to make educational decisions for the
child pursuant to Section 361.
   (D) (i) Whether the child has other siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (I) The nature of the relationship between the child and his or
her siblings.
   (II) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (III) If the siblings are not placed together in the same home,
why the siblings are not placed together and what efforts are being
made to place the siblings together, or why those efforts are not
appropriate.
   (IV) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (V) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   (VI) The continuing need to suspend sibling interaction, if
applicable, pursuant to subdivision (c) of Section 16002.
   (ii) The factors the court may consider in making a determination
regarding the nature of the child's sibling relationships may
include, but are not limited to, whether the siblings were raised
together in the same home, whether the siblings have shared
significant common experiences or have existing close and strong
bonds, whether either sibling expresses a desire to visit or live
with his or her sibling, as applicable, and whether ongoing contact
is in the child's best emotional interests.
   (E) The extent of progress that has been made toward alleviating
or mitigating the causes necessitating placement in foster care.
   (F) On and after January 1, 2012, if the review hearing is the
last review hearing to be held before the child attains 18 years of
age, the court shall ensure all of the following:
   (i) That the child's transitional independent living case plan
includes a plan for the child to satisfy one or more of the criteria
set forth in subdivision (b) of Section 11403, so that the child is
eligible to remain a nonminor dependent.
   (ii) That the child has been informed of his or her right to seek
termination of dependency jurisdiction pursuant to Section 391, and
understands the potential benefits of continued dependency.
   (iii) That the child is informed of his or her right to have
dependency reinstated pursuant to subdivision (e) of Section 388, and
understands the potential benefits of continued dependency.
   (2) The court shall project a likely date by which the child may
be returned to and safely maintained in the home or placed for
adoption, legal guardianship, or in another planned permanent living
arrangement.
   (b) Subsequent to the hearing, periodic reviews of each child in
foster care shall be conducted pursuant to the requirements of
Sections 366.3 and 16503.
   (c) If the child has been placed out of state, each review
described in subdivision (a) and any reviews conducted pursuant to
Sections 366.3 and 16503 shall also address whether the out-of-state
placement continues to be the most appropriate placement selection
and in the best interests of the child. 
   (d) (1) A review described in subdivision (a) and any reviews
conducted pursuant to Sections 366.3 and 16503 shall not result in a
placement of a child, who is a citizen of the United States, outside
the United States prior to a judicial finding that the placement is
in the best interest of the child.  
   (2) The social worker or placing agency shall carry the burden of
proof and must show, by clear and convincing evidence, that a
placement outside the United States is in the best interest of the
child.  
   (3) In determining the best interest of the child, the court shall
consider, but not be limited to, the following factors:  
   (A) Placement of siblings in the same home.  
   (B) Amount and nature of any contact between the child and the
potential guardian or caretaker.  
   (C) Physical and medical needs of the dependent child.  
   (D) Psychological and emotional needs of the dependent child.
 
   (E) Social, cultural, and educational needs of the dependent
child.  
   (F) Specific desires of any dependent child who is 12 years of age
or older. 
   (4) If the court finds that a placement outside the United States
is, by clear and convincing evidence, in the best interest of the
child, the court shall issue an order authorizing the social worker
or placing agency to make a placement outside the United States. A
child subject to this subdivision shall not leave the United States
prior to the issuance of the order described in this paragraph. 

   (5) For purposes of this subdivision, "outside the United States"
shall not include the lands of any federally recognized American
Indian tribe or Alaskan Natives.  
   (6) This section shall not apply to the placement of a dependent
child with a parent.  
   (d) 
    (e)  A child may not be placed in an out-of-state group
home, or remain in an out-of-state group home, unless the group home
is in compliance with Section 7911.1 of the Family Code. 
   (e) 
    (f)  The implementation and operation of the amendments
to subparagraph (B) of paragraph (1) of subdivision (a) enacted at
the 2005-06 Regular Session shall be subject to appropriation through
the budget process and by phase, as provided in Section 366.35.

   (f) 
    (g)  On and after January 1, 2012, the status review of
every nonminor dependent, as defined in subdivision (v) of Section
11400, shall be conducted pursuant to the requirements of Sections
366.3 and 16503 until dependency jurisdiction is terminated pursuant
to Section 391. The review shall include all of the issues set forth
in subdivision (a), except subparagraph (C) of paragraph (1) of
subdivision (a), and shall be conducted in a manner that respects the
nonminor dependent's status as a legal adult, be focused on the
goals and services described in the nonminor dependent's transitional
independent living case plan, including efforts made to achieve
permanence, including maintaining or obtaining permanent connections
with caring and committed adults, and attended as appropriate by
additional participants invited by the nonminor dependent. An
appropriate placement for a nonminor dependent may include a
supervised independent living setting, as described in Section 11400.

  SEC. 3.  Section 16010.6 of the Welfare and Institutions Code is
amended to read:
   16010.6.  (a) As soon as a placing agency makes a decision with
respect to a placement or a change in placement of a dependent child,
but not later than the close of the following business day, the
placing agency shall notify the child's attorney and provide to the
child's attorney information regarding the child's address, telephone
number, and caregiver. 
   (b) (1) A placing agency shall not make a placement or a change in
placement of a child, who is a citizen of the United States, outside
the United States prior to a judicial finding that the placement is
in the best interest of the child.  
   (2) The placing agency shall carry the burden of proof and must
show, by clear and convincing evidence, that placement outside the
United States is in the best interest of the child.  
   (3) In determining the best interest of the child, the court shall
consider, but not be limited to, the following factors:  
   (A) Placement of siblings in the same home.  
   (B) Amount and nature of any contact between the child and the
potential guardian or caretaker.  
   (C) Physical and medical needs of the dependent child.  
   (D) Psychological and emotional needs of the dependent child.
 
   (E) Social, cultural, and educational needs of the dependent
child.  
   (F) Specific desires of any dependent child who is 12 years of age
or older.  
   (4) If the court finds that a placement outside the United States
is, by clear and convincing evidence, in the best interest of the
child, the court shall issue an order authorizing the placing agency
to make a placement outside the United States. A child subject to
this subdivision shall not leave the United States prior to the
issuance of the order described in this paragraph.  
   (5) For purposes of this subdivision, "outside the United States"
shall not include the lands of any federally recognized American
Indian tribe or Alaskan Natives.  
   (6) This section shall not apply to the placement of a dependent
child with a parent.  
   (b) 
    (c)  Absent exigent circumstances, as soon as a placing
agency becomes aware of the need for a change in placement of a
dependent child that will result in the separation of siblings
currently placed together, the placing agency shall notify the child'
s attorney and the child's siblings' attorney of this proposed
separation no less than 10 calendar days prior to the planned change
of placement so that the attorneys may investigate the circumstances
of the proposed separation. If the placing agency first becomes
aware, by written notification from a foster family agency, group
home, or other foster care provider, of the need for a change in
placement for a dependent child that will result in the separation of
siblings currently placed together, and that the child or children
shall be removed within seven days, then notice shall be provided to
the attorneys by the end of the next business day after the receipt
of notice from the provider. In an emergency, the placing agency
shall provide notice as soon as possible, but no later than the close
of the first business day following the change of placement. This
notification shall be deemed sufficient notice for the purposes of
subdivision (a). 
   (c) 
    (d)  When the required notice is given prior to a change
in placement, the notice shall include information regarding the
child's address, telephone number, and caregiver or any one or more
of these items of information to the extent that this information is
known at the time that the placing agency provides notice to the
child's attorney. When the required notice is given after the change
in placement, notice shall include information regarding the child's
address, telephone number, and
     caregiver. 
   (d) 
    (e)  The Judicial Council shall adopt a rule of court
directing the attorney for a child for whom a dependency petition has
been filed, upon receipt from the agency responsible for placing the
child of the name, address, and telephone number of the child's
caregiver, to timely provide the attorney's contact information to
the caregiver and, if the child is 10 years of age or older, to the
child. This rule does not preclude an attorney from giving contact
information to a child who is younger than 10 years of age.
  SEC. 4.  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.