BILL NUMBER: SB 1013	CHAPTERED
	BILL TEXT

	CHAPTER  35
	FILED WITH SECRETARY OF STATE  JUNE 27, 2012
	APPROVED BY GOVERNOR  JUNE 27, 2012
	PASSED THE SENATE  JUNE 27, 2012
	PASSED THE ASSEMBLY  JUNE 27, 2012
	AMENDED IN ASSEMBLY  JUNE 25, 2012

INTRODUCED BY   Committee on Budget and Fiscal Review

                        FEBRUARY 6, 2012

   An act to amend Sections 8506, 8509, 8515, 8521, 8524, 8530,
8600.5, 8608, 8619, 8620, 8621, 8700, 8701, 8702, 8703, 8704, 8705,
8707, 8708, 8709, 8710, 8710.1, 8710.3, 8712, 8713, 8715, 8716, 8717,
8720, 8730, 8732, 8733, 8735, and 9205 of, and to add Section 8513
to, the Family Code, to amend Sections 1502, 1505, and 1559.110 of
the Health and Safety Code, to amend Sections 293, 361, 366.24, 450,
727.3, 727.31, 10101, 10101.2, 10103, 10553.1, 10601.2, 10605,
10609.3, 10609.4, 10609.9, 11400, 11402, 11402.6, 11403, 11403.1,
11403.2, 11403.3, 11461, 11466.23, 11469, 13754, 13757, 15200,
15204.9, 16002, 16100, 16101, 16105, 16118, 16119, 16120.1, 16121.05,
16122, 16123, 16135, 16135.10, 16135.16, 16500.5, 16500.55,
16500.65, 16500.8, 16501.1, 16501.3, 16501.5, 16501.8, 16516.5,
16519.5, 16522,16522.1, 16522.2, 16522.5, 16525.10, 16525.25, 16605,
18250, 18254, 18257, 18358.30, 18960, 18961, 18962, 18987.7, and
18987.72 of, to amend and repeal Sections 294, 305.6, 358.1, 361.5,
366.21, 366.22, 366.25, 366.26, 366.3, 16120, 16500.51, 16508, and
16508.1 of, to add Sections 10103.5, 10104, 10553.11, 10606.2,
11461.2, 11467, and 16133 to, to repeal Sections 11214, 11215,
11403.25, 11403.4, 11462.05, 15204.25, 16135.26, 16508.3, and 18255
of, to repeal and add Section 11463 of, and to repeal Chapter 2.3
(commencing with Section 16135) of Part 4 Division 9 of, the Welfare
and Institutions Code, relating to public social services, and making
an appropriation therefor, to take effect immediately, bill related
to the budget.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1013, Committee on Budget and Fiscal Review. Child welfare
services: realignment.
   Existing law governs the adoption of unmarried minors. Under
existing law, a licensed adoption agency includes both licensed
county and private adoption agencies. Further, existing law
authorizes the State Department of Social Services to provide
adoption services in counties without a county adoption agency.
Existing law further prescribes the procedure for adopting a child
through an agency or the State Department of Social Services, as well
as for independent adoptions. Under existing law, licensed county
adoption agencies perform homefinding and placement functions,
investigate, examine, and make reports upon petitions for adoption
filed in the superior court, act as placement agencies for placing
children for adoption, accept relinquishments for adoption, and
perform other tasks.
   This bill would instead provide that county adoption agencies are
no longer licensed by the State Department of Social Services, but
are instead authorized to perform the above-described functions. The
bill would define county adoption agency as one run by a county or
consortium of counties. The bill would provide that the adoption
procedures currently governing the State Department of Social
Services and licensed adoption agencies would also apply to these
county adoption agencies, as defined.
   Existing law governs proceedings to declare a minor a dependent
child of the court and sets forth the applicable procedures,
including regular review hearings, before a court may order a hearing
to terminate parental rights. Existing law further requires
specified actions in these proceedings by the agency supervising a
child in foster care during dependency proceedings, as well as by the
county adoption agency, or the State Department of Social Services
when it is acting as an adoption agency in counties without county
adoption agencies. Following the termination of parental rights in
dependency proceedings, the dependent child may be placed for
adoption.
   This bill would provide that the procedures currently required of
the State Department of Social Services, licensed county adoption
agencies, and agencies supervising children in foster care during
dependency proceedings would apply to county adoption agencies. The
bill would also delete references to the department acting as an
adoption agency in counties that are not served by county adoption
agencies.
   Existing law requires the State Department of Social Services to
encourage adoption agencies to make adoption training programs
available to prospective adoptive families.
   This bill would delete that requirement.
   Existing law, the California Fostering Connections to Success Act,
revises and expands the scope of various programs relating to the
provision of cash assistance and other services to and for the
benefit of certain foster and adopted children, and other children
who have been placed in out-of-home care, including children who
receive Aid to Families with Dependent Children-Foster Care
(AFDC-FC), Adoption Assistance Program, California Work Opportunity
and Responsibility to Kids (CalWORKs), and Kinship Guardianship
Assistance Payment Program (Kin-GAP) benefits. Among other
provisions, the act extends specified foster care benefits to youth
up to 19, 20, and 21 years of age, described as nonminor dependents,
if specified conditions are met, commencing January 1, 2012.
   This bill also would make a nonminor dependent, or nonminor former
dependent, who has been receiving specified aid, as described above,
between January 1, 2012, and December 31, 2012, and who attains 19
years of age prior to January 1, 2013, or between January 1, 2013,
and December 31, 2013, who attains 20 years of age prior to January
1, 2014, eligible to continue to receive that aid, notwithstanding
the age limitations in existing law, provided that the nonminor
dependent or nonminor former dependent continues to meet all other
applicable eligibility requirements.
   This bill would provide that a county is not precluded from
seeking federal funding on behalf of eligible nonminor dependents or
nonminor former dependents, as described in the bill, for whom the
county has provided specified aid using county-only funds, on and
after January 1, 2012.
   Existing law establishes transition jurisdiction for the juvenile
court and specifies the criteria required to come within this
jurisdiction. Existing law authorizes a nonminor to petition the
juvenile court to resume dependency jurisdiction or to assume or
resume transition jurisdiction, as specified.
   This bill would provide that nonminors who are eligible for aid
pursuant to the bill also are within the transition jurisdiction of
the juvenile court. The bill would impose a state-mandated local
program by increasing county duties with respect to programs and
services for nonminor dependents.
   Existing law creates the Local Revenue Fund 2011 in the State
Treasury, and creates within the fund the Trial Court Security
Account, the Local Community Corrections Account, the Local Law
Enforcement Services Account, the Mental Health Account, the District
Attorney and Public Defender Account, the Juvenile Justice Account,
the Health and Human Services Account, and the Reserve Account. Under
existing law, moneys from specified tax sources and other moneys
that may be specifically appropriated are required to be deposited in
the Local Revenue Fund 2011. The fund is continuously appropriated
for designated public safety services, including, but not limited to,
the prevention of child abuse, the provision of services to abused,
neglected, and exploited children, the provision of services to
vulnerable children and their families, and the provision of adult
protective services.
   Existing law prescribes the state share of cost applicable to the
child welfare program and the support and care of former dependent
children who are wards of related guardians under the Kinship
Guardianship Assistance Payment Program (Kin-GAP).
   This bill would require funding and expenditures for the child
welfare program and Kin-GAP to be consistent with specified
provisions relating to the Local Revenue Fund 2011, commencing with
the 2011-12 fiscal year, and each fiscal year thereafter. The bill
similarly would revise the Independent Living Program for foster
youth, and would require county social services departments to submit
an annual Independent Living Program Report, including specified
components, to the State Department of Social Services, consistent
with federal law. By increasing county duties, the bill would impose
a state-mandated local program.
   Under existing law, the state is required to pass on certain
federal funds to counties for the provision of child welfare
services, except as specified. Existing law prohibits the state from
requiring counties to provide matching funds in amounts greater than
the amount required of the state by the federal government.
   This bill would delete the prohibition against the state requiring
counties to provide matching funds in excess of the amount required
of the state by the federal government.
   Existing law authorizes the Director of Social Services to enter
into an agreement with a tribe, consortium of tribes, or tribal
organization, regarding the care and custody of Indian children and
jurisdiction over Indian child custody proceedings, under specified
circumstances. Pursuant to these agreements, these child welfare
activities are delegated to the tribe, consortium of tribes, or
tribal organization, which is also required to provide specified
matching funds.
   This bill would specify the share of costs required of the tribe,
consortium of tribes, or tribal organization operating a program
pursuant to the above agreements. The bill would require any share of
costs not specified to be equal to the applicable county share of
costs provided for under existing law.
   Existing law establishes the California Child and Family Service
Review System administered by the State Department of Social
Services, to review all county child welfare systems, covering, child
protective services, foster care, adoption, family preservation,
family support, and independent living.
   This bill would impose a state-mandated local program by requiring
counties to be responsible for and accountable to the department for
specified child welfare program performance measures, and would
specify the duties of the counties and the department in this regard.
The bill would require funding and expenditures for the California
Child and Family Service Review System to be consistent with
specified provisions relating to the Local Revenue Fund 2011,
commencing with the 2011-12 fiscal year, and each fiscal year
thereafter.
   This bill would revise State Department of Social Services
procedures applicable when the department believes that a county is
substantially failing to comply with law or regulation pertaining to
any program administered by the department, and when county
noncompliance results in a federal disallowance, deferral, or other
financial consequence.
   This bill would revise operational and fiscal requirements
applicable to various programs and services relating to foster and
adoptive children, including requiring the funding and expenditures
for these programs and services to be consistent with specified
provisions relating to the Local Revenue Fund 2011, commencing with
the 2011-12 fiscal year, and each fiscal year thereafter. These
include programs and services relating to the support and care of
these children, such as AFDC-FC and Kin-GAP; AFDC-FC performance
standards and outcome measures, including with respect to children
placed in private for-profit facilities; transitional services,
including housing; specialized care increments and clothing
allowances; administrative costs; county social worker visits; county
"Options for Recovery" programs; community-based kinship support
services programs; wraparound services; and child abuse and neglect
prevention and intervention programs. The bill would eliminate state
participation in clothing allowances commencing with the 2011-12
fiscal year, and would make clothing allowances payable at the county'
s option, as specified. With respect to foster family agencies, the
bill would incorporate the clothing allowance into a revised basic
rate, as specified.
   Existing law establishes the continuously appropriated
Transitional Housing for Foster Youth Fund in the State Treasury.
   This bill would eliminate this fund.
   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, pursuant to prescribed rate schedules.
   This bill would require the department to establish, in
consultation with specified entities, a workgroup to develop
recommended revisions to the current AFDC-FC ratesetting system, and
would require the workgroup to submit these recommendations to the
Legislature by a specified date.
   Existing law declares the intent of the Legislature to comply with
federal law relating to the repayment of federal foster care,
adoption assistance, and Kin-GAP overpayments. Existing law requires
counties to remit the appropriate amount of federal funds, upon
identification of the overpayment. Certain amounts are excluded from
the overpayment requirement.
   This bill would require counties to pay 100% of the cost of the
federal overpayments described above, for overpayments identified on
and after July 1, 2012, and would authorize the county to retain any
funds collected from overpaid providers or recipients after remitting
the federal share.
   Existing law requires every youth who is in foster care and
nearing emancipation to be screened by the county for federal
Supplemental Security Income (SSI) eligibility, as specified.
   This bill would revise county procedures with respect to screening
foster youth and nonminors in the care of a related caregiver for
SSI benefits.
   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.
   This bill would require counties, pursuant to a process developed
by the department and the County Welfare Directors Association of
California, to report to the department on the expenditure of savings
realized as a result of maximizing available federal adoption
assistance funding, thereby imposing a state-mandated local program.
The bill would revise procedures applicable to the adoption of
children who are HIV positive, or born to a substance-abusing mother.

   Existing law declares the intent of the Legislature to provide
various services relating to family preservation and support, as
specified, in connection with the statewide system of child welfare
services.
   This bill would revise child welfare provisions relating to family
preservation and support services, including requiring counties to
expend funds for these activities in a manner that will maximize
eligibility for financial participation under the federal Promoting
Safe and Stable Families program. The bill also would require the
State Department of Social Services and the Office of Child Abuse
Prevention to provide specified administrative oversight, monitoring,
and consultation, to ensure that federal funding is maintained and
federal requirements are met. The bill would require family
preservation and support services to be consistent with specified
provisions relating to the Local Revenue Fund 2011, commencing with
the 2011-12 fiscal year and each fiscal year thereafter. The bill
would make related technical and conforming changes.
   Existing law declares that the foundation and central unifying
tool in child welfare services is the case plan. Existing law
specifies issues to be considered when out-of-home placement is used
to attain case plan goals, including selection of the environment
best suited to meet the child's special needs and best interests.
   This bill would revise the selection criteria relating to
out-of-home placements.
   This bill would recast and revise, make technical changes to, and
repeal obsolete, provisions relating to child welfare services and
programs, including the AFDC-FC program, the Child Welfare Services
Case Management System, an advisory committee on therapeutic day
services standards, and a workgroup on group care for foster children
or youth, and for children with serious emotional disorders.
   This bill would appropriate $1,000 from the General Fund to the
State Department of Social Services.
   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.
   This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
   Appropriation: yes.


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

  SECTION 1.  This act is titled and may be cited as the 2011
Realignment Legislation addressing public safety.
  SEC. 2.  Section 8506 of the Family Code is amended to read:
   8506.  "Agency adoption" means the adoption of a minor, other than
an intercountry adoption, in which the department, county adoption
agency, or licensed adoption agency is a party to, or joins in, the
adoption petition.
  SEC. 3.  Section 8509 of the Family Code is amended to read:
   8509.  "Applicant" means a person who has submitted a written
application to adopt a child from the department, county adoption
agency, or licensed adoption agency and who is being considered by
the adoption agency for the adoptive placement of a child.
  SEC. 4.  Section 8513 is added to the Family Code, to read:
   8513.  "County adoption agency" means an adoption agency operated
by a county or consortium of counties.
  SEC. 5.  Section 8515 of the Family Code is amended to read:
   8515.  "Delegated county adoption agency" means a county adoption
agency that has agreed to provide the services described in Chapter 3
(commencing with Section 8800) of Part 2.
  SEC. 6.  Section 8521 of the Family Code is amended to read:
   8521.  (a) "Full-service adoption agency" means a licensed or
authorized entity engaged in the business of providing adoption
services, that does all of the following:
   (1) Assumes care, custody, and control of a child through
relinquishment of the child to the agency or involuntary termination
of parental rights to the child.
   (2) Assesses the birth parents, prospective adoptive parents, or
child.
   (3) Places children for adoption.
   (4) Supervises adoptive placements.
   (b) Private full-service adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a private full-service adoption
agency shall be accredited by the Council on Accreditation, or
supervised by an accredited primary provider, or acting as an
exempted provider, in compliance with Subpart F (commencing with
Section 96.29) of Part 96 of Title 22 of the Code of Federal
Regulations.
  SEC. 7.  Section 8524 of the Family Code is amended to read:
   8524.  "Independent adoption" means the adoption of a child in
which neither the department, county adoption agency, nor agency
licensed by the department is a party to, or joins in, the adoption
petition.
  SEC. 8.  Section 8530 of the Family Code is amended to read:
   8530.  "Licensed adoption agency" means an agency licensed by the
department to provide adoption services.
  SEC. 9.  Section 8600.5 of the Family Code is amended to read:
   8600.5.  Tribal customary adoption as defined in Section 366.24 of
the Welfare and Institutions Code and as applied to Indian Children
who are dependents of the court, does not apply to this part.
  SEC. 10.  Section 8608 of the Family Code is amended to read:
   8608.  (a) The department shall adopt regulations specifying the
form and content of the reports required by Sections 8706, 8817, and
8909. In addition to any other material that may be required by the
department, the form shall include inquiries designed to elicit
information on any illness, disease, or defect of a genetic or
hereditary nature.
   (b) All county adoption agencies and licensed adoption agencies
shall cooperate with and assist the department in devising a plan
that will effectuate the effective and discreet transmission to
adoptees or prospective adoptive parents of pertinent medical
information reported to the department, county adoption agency, or
licensed adoption agency, upon the request of the person reporting
the medical information.
  SEC. 11.  Section 8619 of the Family Code is amended to read:
   8619.  The department shall adopt rules and regulations it
determines are reasonably necessary to ensure that the birth parent
or parents of Indian ancestry, seeking to relinquish a child for
adoption, provide sufficient information to the department, county
adoption agency, or licensed adoption agency so that a certificate of
degree of Indian blood can be obtained from the Bureau of Indian
Affairs. The department shall immediately request a certificate of
degree of Indian blood from the Bureau of Indian Affairs upon
obtaining the information. A copy of all documents pertaining to the
degree of Indian blood and tribal enrollment, including a copy of the
certificate of degree of Indian blood, shall become a permanent
record in the adoption files and shall be housed in a central
location and made available to authorized personnel from the Bureau
of Indian Affairs when required to determine the adopted person's
eligibility to receive services or benefits because of the adopted
person's status as an Indian. This information shall be made
available to the adopted person upon reaching the age of majority.
  SEC. 12.  Section 8620 of the Family Code is amended to read:
   8620.  (a) (1) If a parent is seeking to relinquish a child
pursuant to Section 8700 or execute an adoption placement agreement
pursuant to Section 8801.3, the department, county adoption agency,
licensed adoption agency, or adoption service provider, as
applicable, shall ask the child and the child's parent or custodian
whether the child is, or may be, a member of, or eligible for
membership in an Indian tribe or whether the child has been
identified as a member of an Indian organization. The department,
county adoption agency, licensed adoption agency, or adoption service
provider, as applicable, shall complete the forms provided for this
purpose by the department and shall make this completed form a part
of the file.
   (2) If there is any oral or written information that indicates
that the child is, or may be, an Indian child, the department, county
adoption agency, licensed adoption agency, or adoption service
provider, as applicable, shall obtain the following information:
   (A) The name of the child involved, and the actual date and place
of birth of the child.
   (B) The name, address, date of birth, and tribal affiliation of
the birth parents, maternal and paternal grandparents, and maternal
and paternal great-grandparents of the child.
   (C) The name and address of extended family members of the child
who have a tribal affiliation.
   (D) The name and address of the Indian tribes or Indian
organizations of which the child is, or may be, a member.
   (E) A statement of the reasons why the child is, or may be, an
Indian.
   (3) (A) The department, county adoption agency, licensed adoption
agency, attorney for the prospective adoptive parents, or adoption
service provider shall send a notice, which shall include information
obtained pursuant to paragraph (2) and a request for confirmation of
the child's Indian status, to any parent and any custodian of the
child, and to any Indian tribe of which the child is, or may be, a
member or eligible for membership. If any of the information required
under paragraph (2) cannot be obtained, the notice shall indicate
that fact.
   (B) The notice sent pursuant to subparagraph (A) shall describe
the nature of the proceeding and advise the recipient of the Indian
tribe's right to intervene in the proceeding on its own behalf or on
behalf of a tribal member relative of the child.
   (b) The department shall adopt regulations to ensure that if a
child who is being voluntarily relinquished for adoption, pursuant to
Section 8700, is an Indian child, the parent of the child shall be
advised of his or her right to withdraw his or her consent and
thereby rescind the relinquishment of an Indian child for any reason
at any time prior to entry of a final decree of termination of
parental rights or adoption, pursuant to Section 1913 of Title 25 of
the United States Code.
   (c) If a child who is the subject of an adoption proceeding after
being relinquished for adoption pursuant to Section 8700, is an
Indian child, the child's Indian tribe may intervene in that
proceeding on behalf of a tribal member relative of the child.
   (d) Any notice sent under this section shall comply with Section
180.
   (e) If all prior notices required by this section have been
provided to an Indian tribe, the Indian tribe receiving those prior
notices is encouraged to provide notice to the department and to the
licensed adoption agency, county adoption agency, or adoption service
provider, not later than five calendar days prior to the date of the
hearing to determine whether or not the final adoption order is to
be granted, indicating whether or not it intends to intervene in the
proceeding required by this section, either on its own behalf or on
behalf of a tribal member who is a relative of the child.
   (f) The Legislature finds and declares that some adoptive children
may benefit from either direct or indirect contact with an Indian
tribe. Nothing in the adoption laws of this state shall be construed
to prevent the adopting parent or parents, the birth relatives,
including the birth parent or parents, an Indian tribe, and the
child, from voluntarily entering into a written agreement to permit
continuing contact between the Indian tribe and the child, if the
agreement is found by the court to have been entered into voluntarily
and to be in the best interest of the child at the time the adoption
petition is granted.
   (g) With respect to giving notice to Indian tribes in the case of
voluntary placements of Indian children pursuant to this section, a
person, other than a birth parent of the child, shall be subject to a
civil penalty if that person knowingly and willfully:
   (1) Falsifies, conceals, or covers up by any trick, scheme, or
device, a material fact concerning whether the child is an Indian
child or the parent is an Indian.
   (2) Makes any false, fictitious, or fraudulent statement,
omission, or representation.
   (3) Falsifies a written document knowing that the document
contains a false, fictitious, or fraudulent statement or entry
relating to a material fact.
   (4) Assists any person in physically removing a child from the
State of California in order to obstruct the application of
notification.
   (h) Civil penalties for a violation of subdivision (g) by a person
other than a birth parent of the child are as follows:
   (1) For the initial violation, a person shall be fined not more
than ten thousand dollars ($10,000).
   (2) For any subsequent violation, a person shall be fined not more
than twenty thousand dollars ($20,000).
  SEC. 13.  Section 8621 of the Family Code is amended to read:
   8621.  The department shall adopt regulations regarding the
provision of adoption services by the department, county adoption
agencies, licensed adoption agencies, and other adoption service
providers, and shall monitor the provision of those services by
county adoption agencies, licensed adoption agencies, and other
adoption providers. The department shall report violations of
regulations to the appropriate licensing authority.
   This section shall become operative on January 1, 1995.
  SEC. 14.  Section 8700 of the Family Code is amended to read:
   8700.  (a) Either birth parent may relinquish a child to the
department, county adoption agency, or licensed adoption agency for
adoption by a written statement signed before two subscribing
witnesses and acknowledged before an authorized official of the
department, county adoption agency, or licensed adoption agency. The
relinquishment, when reciting that the person making it is entitled
to the sole custody of the child and acknowledged before the officer,
is prima facie evidence of the right of the person making it to the
sole custody of the child and the person's sole right to relinquish.
   (b) A relinquishing parent who is a minor has the right to
relinquish his or her child for adoption to the department, county
adoption agency, or licensed adoption agency, and the relinquishment
is not subject to revocation by reason of the minority.
   (c) If a relinquishing parent resides outside this state and the
child is being cared for and is or will be placed for adoption by the
department, county adoption agency, or a licensed adoption agency,
the relinquishing parent may relinquish the child to the department,
county adoption agency, or licensed adoption agency by a written
statement signed by the relinquishing parent before a notary on a
form prescribed by the department, and previously signed by an
authorized official of the department, county adoption agency, or
licensed adoption agency that signifies the willingness of the
department, county adoption agency, or licensed adoption agency to
accept the relinquishment.
   (d) If a relinquishing parent and child reside outside this state
and the child will be cared for and will be placed for adoption by
the department, county adoption agency, or licensed adoption agency,
the relinquishing parent may relinquish the child to the department,
county adoption agency, or licensed adoption agency by a written
statement signed by the relinquishing parent, after that parent has
satisfied the following requirements:
   (1) Prior to signing the relinquishment, the relinquishing parent
shall have received, from a representative of an agency licensed or
otherwise approved to provide adoption services under the laws of the
relinquishing parent's state of residence, the same counseling and
advisement services as if the relinquishing parent resided in this
state.
   (2) The relinquishment shall be signed before a representative of
an agency licensed or otherwise approved to provide adoption services
under the laws of the relinquishing parent's state of residence
whenever possible or before a licensed social worker on a form
prescribed by the department, and previously signed by an authorized
official of the department, county adoption agency, or licensed
adoption agency, that signifies the willingness of the department,
county adoption agency, or licensed adoption agency to accept the
relinquishment.
   (e) (1) The relinquishment authorized by this section has no
effect until a certified copy is sent to, and filed with, the
department. The county adoption agency or licensed adoption agency
shall send that copy by certified mail, return receipt requested, or
by overnight courier or messenger, with proof of delivery, to the
department no earlier than the end of the business day following the
signing thereof. The agency shall inform the birth parent that during
this time period he or she may request that the relinquishment be
withdrawn and that, if he or she makes the request, the
relinquishment shall be withdrawn. The relinquishment shall be final
10 business days after receipt of the filing by the department,
unless any of the following apply:
   (A) The department sends written acknowledgment of receipt of the
relinquishment prior to the expiration of that 10-day period, at
which time the relinquishment shall be final.
   (B) A longer period of time is necessary due to a pending court
action or some other cause beyond control of the department.
   (2) After the relinquishment is final, it may be rescinded only by
the mutual consent of the department, county adoption agency, or
licensed adoption agency to which the child was relinquished and the
birth parent or parents relinquishing the child.
   (f) The relinquishing parent may name in the relinquishment the
person or persons with whom he or she intends that placement of the
child for adoption be made by the department, county adoption agency,
or licensed adoption agency.
   (g) Notwithstanding subdivision (e), if the relinquishment names
the person or persons with whom placement by the department, county
adoption agency, or licensed adoption agency is intended and the
child is not placed in the home of the named person or persons or the
child is removed from the home prior to the granting of the
adoption, the department, county adoption agency, or licensed
adoption agency shall mail a notice by certified mail, return receipt
requested, to the birth parent signing the relinquishment within 72
hours of the decision not to place the child for adoption or the
decision to remove the child from the home.
   (h) The relinquishing parent has 30 days from the date on which
the notice described in subdivision (g) was mailed to rescind the
relinquishment.
   (1) If the relinquishing parent requests rescission during the
30-day period, the department, county adoption agency, or licensed
adoption agency shall rescind the relinquishment.
   (2) If the relinquishing parent does not request rescission during
the 30-day period, the department, county adoption agency, or
licensed adoption agency shall select adoptive parents for the child.

   (3) If the relinquishing parent and the department, county
adoption agency, or licensed adoption agency wish to identify a
different person or persons during the 30-day period with whom the
child is intended to be placed, the initial relinquishment shall be
rescinded and a new relinquishment identifying the person or persons
completed.
   (i) If the parent has relinquished a child, who has been found to
come within Section 300 of the Welfare and Institutions Code or is
the subject of a petition for jurisdiction of the juvenile court
under Section 300 of the Welfare and Institutions Code, to the
department, county adoption agency, or a licensed adoption agency for
the purpose of adoption, the department, county adoption agency, or
licensed adoption agency accepting the relinquishment shall provide
written notice of the relinquishment within five court days to all of
the following:
   (1) The juvenile court having jurisdiction of the child.
   (2) The child's attorney, if any.
   (3) The relinquishing parent's attorney, if any.
   (j) The filing of the relinquishment with the department
terminates all parental rights and responsibilities with regard to
the child, except as provided in subdivisions (g) and (h).
   (k) The department shall adopt regulations to administer the
provisions of this section.
  SEC. 15.  Section 8701 of the Family Code is amended to read:
   8701.  At or before the time a relinquishment is signed, the
department, county adoption agency, or licensed adoption agency shall
advise the birth parent signing the relinquishment, verbally and in
writing, that the birth parent may, at any time in the future,
request from the department, county adoption agency, or licensed
adoption agency all known information about the status of the child's
adoption, except for personal, identifying information about the
adoptive family. The birth parent shall be advised that this
information includes, but is not limited to, all of the following:
   (a) Whether the child has been placed for adoption.
   (b) The approximate date that an adoption was completed.
   (c) If the adoption was not completed or was vacated, for any
reason, whether adoptive placement of the child is again being
considered.
  SEC. 16.  Section 8702 of the Family Code is amended to read:
   8702.  (a) The department shall adopt a statement to be presented
to the birth parents at the time a relinquishment is signed and to
prospective adoptive parents at the time of the home study. The
statement shall, in a clear and concise manner and in words
calculated to ensure the confidence of the birth parents in the
integrity of the adoption process, communicate to the birth parents
of a child who is the subject of an adoption petition all of the
following facts:
   (1) It is in the child's best interest that the birth parent keep
the department, county adoption agency, or licensed adoption agency
to whom the child was relinquished for adoption informed of any
health problems that the parent develops that could affect the child.

   (2) It is extremely important that the birth parent keep an
address current with the department, county adoption agency, or
licensed adoption agency to whom the child was relinquished for
adoption in order to permit a response to inquiries concerning
medical or social history.
   (3) Section 9203 of the Family Code authorizes a person who has
been adopted and who attains the age of 21 years to request the
department, county adoption agency, or the licensed adoption agency
to disclose the name and address of the adoptee's birth parents.
Consequently, it is of the utmost importance that the birth parent
indicate whether to allow this disclosure by checking the appropriate
box provided on the form.
   (4) The birth parent may change the decision whether to permit
disclosure of the birth parent's name and address, at any time, by
sending a notarized letter to that effect, by certified mail, return
receipt requested, to the department, county adoption agency, or to
the licensed adoption agency that joined in the adoption petition.
   (5) The relinquishment will be filed in the office of the clerk of
the court in which the adoption takes place. The file is not open to
inspection by any persons other than the parties to the adoption
proceeding, their attorneys, and the department, except upon order of
a judge of the superior court.
   (b) The department shall adopt a form to be signed by the birth
parents at the time the relinquishment is signed, which shall provide
as follows:

   "Section 9203 of the Family Code authorizes a person who has been
adopted and who attains the age of 21 years to make a request to the
State Department of Social Services, county adoption agency, or
licensed adoption agency that joined in the adoption petition, for
the name and address of the adoptee's birth parents. Indicate by
checking one of the boxes below whether or not you wish your name and
address to be disclosed:
  ?  YES
  ?  NO
  ?  UNCERTAIN AT THIS TIME; WILL NOTIFY
  AGENCY AT LATER DATE."

  SEC. 17.  Section 8703 of the Family Code is amended to read:
   8703.  When the parental rights of a birth parent are terminated
pursuant to Chapter 5 (commencing with Section 7660) of Part 3 of
Division 12 or Part 4 (commencing with Section 7800) of Division 12,
or pursuant to Section 366.25 or 366.26 of the Welfare and
Institutions Code, the department, county adoption agency, or
licensed adoption agency responsible for the adoptive placement of
the child shall send a written notice to the birth parent, if the
birth parent's address is known, that contains the following
statement:

   (a) "You are encouraged to keep the department or this agency
informed of your current address in order to permit a response to any
inquiry concerning medical or social history made by or on behalf of
the child who was the subject of the court action terminating
parental rights.
   (b) Section 9203 of the Family Code authorizes a person who has
been adopted and who attains the age of 21 years to make a request to
the State Department of Social Services, county adoption agency, or
licensed adoption agency, that joined in the adoption petition, for
the name and address of the adoptee's birth parents. Indicate by
checking one of the boxes below whether or not you wish your name and
address to be disclosed:

   (  ) YES

   (  ) NO

   (  ) UNCERTAIN AT THIS TIME; WILL NOTIFY AGENCY AT LATER DATE"

  SEC. 18.  Section 8704 of the Family Code is amended to read:
   8704.  (a) The department, county adoption agency, or licensed
adoption agency to which a child has been freed for adoption by
either relinquishment or termination of parental rights is
responsible for the care of the child, and is entitled to the
exclusive custody and control of the child until an order of adoption
is granted. Any placement for temporary care, or for adoption, made
by the department, county adoption agency, or licensed adoption
agency may be terminated in its discretion at any time before the
granting of an order of adoption. In the event of termination of any
placement for temporary care or for adoption, the child shall be
returned promptly to the physical custody of the department, county
adoption agency, or licensed adoption agency.
   (b) No petition may be filed to adopt a child relinquished to the
department, county adoption agency, or licensed adoption agency or a
child declared free from the custody and control of either or both
birth parents and referred to the department, county adoption agency,
or licensed adoption agency for adoptive placement, except by the
prospective adoptive parents with whom the child has been placed for
adoption by the department, county adoption agency, or licensed
adoption agency. After the adoption petition has been filed, the
department, county adoption agency, or licensed adoption agency may
remove the child from the prospective adoptive parents only with the
approval of the court, upon motion by the department, county adoption
agency, or licensed adoption agency after notice to the prospective
adoptive parents, supported by an affidavit or affidavits stating the
grounds on which removal is sought. If the department, county
adoption agency, or licensed adoption agency refuses to consent to
the adoption of a child by the person or persons with whom the
department, county adoption agency, or licensed adoption agency
placed the child for adoption, the court may nevertheless order the
adoption if it finds that the refusal to consent is not in the child'
s best interest.
  SEC. 19.  Section 8705 of the Family Code is amended to read:
   8705.  (a) Where a child is in the custody of a public agency or
licensed adoption agency, if it is established that the persons whose
consent to the adoption is required by law are deceased, an action
may be brought by the department, county adoption agency, or licensed
adoption agency requesting the court to make an order establishing
that the requesting agency has the right to custody and control of
the child and the authority to place the child for adoption. The
department, county adoption agency, or licensed adoption agency
bringing the action shall give notice in the form prescribed by the
court to all known relatives of the child up to and including the
third degree of lineal or collateral consanguinity.
   (b) This section does not apply where a guardian of the person of
the child has been appointed pursuant to nomination by a will.
  SEC. 20.  Section 8707 of the Family Code is amended to read:
   8707.  (a) The department shall establish a statewide
photo-listing service to serve all county adoption agencies and
licensed adoption agencies in the state as a means of recruiting
adoptive families. The department shall adopt regulations governing
the operations of the photo-listing service and shall establish
procedures for monitoring compliance with this section.
   (b) The photo-listing service shall maintain child specific
information that, except as provided in this section, contains a
photograph and description of each child who has been legally freed
                                           for adoption and whose
case plan goal is adoption. Registration of children with the
photo-listing service and notification by the licensed adoption
agency of changes in a child's photo-listing status shall be
reflected in the photo-listing service within 30 working days of
receipt of the registration or notification.
   (c) The photo-listing service shall be provided to all county
adoption agencies, licensed adoption agencies, adoption support
groups, and state, regional, and national photo-listings and
exchanges requesting copies of the photo-listing service.
   (d) All children legally freed for adoption whose case plan goal
is adoption shall be photo-listed, unless deferred as provided in
subdivision (e) or (f). Adoption agencies shall send a recent
photograph and description of each legally freed child to the
photo-listing service within 15 working days of the time a child is
legally freed for adoption. When adoption has become the case plan
goal for a particular child, the adoption agency may photo-list that
child before the child becomes legally freed for adoption.
   (e) A child shall be deferred from the photo-listing service when
the child's foster parents or other identified individuals who have
applied to adopt the child are meeting the county adoption agency's
or licensed adoption agency's requests for required documentation and
are cooperating in the completion of a home study being conducted by
the agency.
   (f) A child who is 12 years old or older may be deferred from the
photo-listing service if the child does not consent to being adopted.

   (g) Within 15 working days following a one-year period in which a
child is listed in the photo-listing service, the county adoption
agency or licensed adoption agency shall submit a revised description
and photograph of the child.
   (h) County adoption agencies and licensed adoption agencies shall
notify the photo-listing service, by telephone, of any adoptive
placements or of significant changes in a child's photo-listing
status within two working days of the change.
   (i) The department shall establish procedures for semiannual
review of the photo-listing status of all legally freed children
whose case plan goal is adoption, including those who are registered
with the photo-listing service and those whose registration has been
deferred.
  SEC. 21.  Section 8708 of the Family Code is amended to read:
   8708.  (a) The adoption agency to which a child has been freed for
adoption by either relinquishment or termination of parental rights
shall not do any of the following:
   (1) Deny to any person the opportunity to become an adoptive
parent on the basis of the race, color, or national origin of the
person or the child involved.
   (2) Delay or deny the placement of a child for adoption on the
basis of the race, color, or national origin of the adoptive parent
or the child involved.
   (3) Delay or deny the placement of a child for adoption solely
because the prospective, approved adoptive family resides outside the
jurisdiction of the department, county adoption agency, or licensed
adoption agency. For purposes of this paragraph, an approved adoptive
family means a family approved pursuant to the California adoptive
applicant assessment standards. If the adoptive applicant assessment
was conducted in another state according to that state's standards,
the California placing agency shall determine whether the standards
of the other state substantially meet the standards and criteria
established in California adoption regulations.
   (b) This section shall not be construed to affect the application
of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 and
following).
  SEC. 22.  Section 8709 of the Family Code is amended to read:
   8709.  (a) The department, county adoption agency, or licensed
adoption agency to which a child has been freed for adoption by
either relinquishment or termination of parental rights may consider
the child's religious background in determining an appropriate
placement.
   (b) This section shall not be construed to affect the application
of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 and
following).
  SEC. 23.  Section 8710 of the Family Code is amended to read:
   8710.  (a) If a child is being considered for adoption, the
department, county adoption agency, or licensed adoption agency shall
first consider adoptive placement in the home of a relative or, in
the case of an Indian child, according to the placement preferences
and standards set out in subdivisions (c), (d), (e), (f), (g), (h),
and (i) of Section 361.31 of the Welfare and Institutions Code.
However, if the birth parent refuses to consider a relative or
sibling placement, if a relative is not available, if placement with
an available relative is not in the child's best interest, or if
placement would permanently separate the child from other siblings
who are being considered for adoption or who are in foster care and
an alternative placement would not require the permanent separation,
the foster parent or parents of the child shall be considered with
respect to the child along with all other prospective adoptive
parents where all of the following conditions are present:
   (1) The child has been in foster care with the foster parent or
parents for a period of more than four months.
   (2) The child has substantial emotional ties to the foster parent
or parents.
   (3) The child's removal from the foster home would be seriously
detrimental to the child's well-being.
   (4) The foster parent or parents have made a written request to be
considered to adopt the child.
   (b) In the case of an Indian child whose foster parent or parents
or other prospective adoptive parents do not fall within the
placement preferences established in subdivision (c) or (d) of
Section 361.31 of the Welfare and Institutions Code, the foster
parent or parents or other prospective adoptive parents shall only be
considered if the court finds, supported by clear and convincing
evidence, that good cause exists to deviate from these placement
preferences.
   (c) This section does not apply to a child who has been adjudged a
dependent of the juvenile court pursuant to Section 300 of the
Welfare and Institutions Code.
   (d) Upon a request to move a child from a prospective adoptive
home for the purpose of placement with siblings or other relatives,
the court shall consider the best interests of the child.
  SEC. 24.  Section 8710.1 of the Family Code is amended to read:
   8710.1.  If there is not an adoptive placement plan for a child
with an approved adoptive family, as defined in subdivision (c) of
Section 8708, within the department's, county adoption agency's, or
licensed adoption agency's jurisdiction, then the department, county
adoption agency, or licensed adoption agency shall register the child
with the exchange system described in Section 8710.2.
  SEC. 25.  Section 8710.3 of the Family Code is amended to read:
   8710.3.  If the department, county adoption agency, or licensed
adoption agency has approved a family for adoption pursuant to
subdivision (c) of Section 8708 and that family may be appropriate
for placement of a child who has been adjudged a dependent child of
the juvenile court, the department, county adoption agency, or
licensed adoption agency shall register the family with the statewide
exchange system established pursuant to Section 8710.2, except in
either of the following circumstances:
   (a) The family refuses to consent to the registration.
   (b) A specific child or children have already been identified for
adoptive placement with the family.
  SEC. 26.  Section 8712 of the Family Code is amended to read:
   8712.  (a) The department, county adoption agency, or licensed
adoption agency shall require each person filing an application for
adoption to be fingerprinted and shall secure from an appropriate law
enforcement agency any criminal record of that person to determine
whether the person has ever been convicted of a crime other than a
minor traffic violation. The department, county adoption agency, or
licensed adoption agency may also secure the person's full criminal
record, if any. Any federal-level criminal offender record requests
to the Department of Justice shall be submitted with fingerprint
images and related information required by the Department of Justice
for the purposes of obtaining information as to the existence and
content of a record of an out-of-state or federal conviction or
arrest of a person or information regarding any out-of-state or
federal crimes or arrests for which the Department of Justice
establishes that the person is free on bail, or on his or her own
recognizance pending trial or appeal. The Department of Justice shall
forward to the Federal Bureau of Investigation any requests for
federal summary criminal history information received pursuant to
this section. The Department of Justice shall review the information
returned from the Federal Bureau of Investigation and shall compile
and disseminate a response to the department, county adoption agency,
or licensed adoption agency.
   (b) Notwithstanding subdivision (c), the criminal record, if any,
shall be taken into consideration when evaluating the prospective
adoptive parent, and an assessment of the effects of any criminal
history on the ability of the prospective adoptive parent to provide
adequate and proper care and guidance to the child shall be included
in the report to the court.
   (c) (1) Under no circumstances shall the department, county
adoption agency, or licensed adoption agency give final approval for
an adoptive placement in any home where the prospective adoptive
parent or any adult living in the prospective adoptive home has
either of the following:
   (A) A felony conviction for child abuse or neglect, spousal abuse,
crimes against a child, including child pornography, or for a crime
involving violence, including rape, sexual assault, or homicide, but
not including other physical assault and battery. For purposes of
this subdivision, crimes involving violence means those violent
crimes contained in clause (i) of subparagraph (A), and subparagraph
(B), of paragraph (1) of subdivision (g) of Section 1522 of the
Health and Safety Code.
   (B) A felony conviction that occurred within the last five years
for physical assault, battery, or a drug- or alcohol-related offense.

   (2) This subdivision shall become operative on October 1, 2008,
and shall remain operative only to the extent that compliance with
its provisions is required by federal law as a condition of receiving
funding under Title IV-E of the federal Social Security Act (42
U.S.C. Sec. 670 and following).
   (d) Any fee charged by a law enforcement agency for fingerprinting
or for checking or obtaining the criminal record of the applicant
shall be paid by the applicant. The department, county adoption
agency, or licensed adoption agency may defer, waive, or reduce the
fee when its payment would cause economic hardship to prospective
adoptive parents detrimental to the welfare of the adopted child,
when the child has been in the foster care of the prospective
adoptive parents for at least one year, or if necessary for the
placement of a special-needs child.
  SEC. 27.  Section 8713 of the Family Code is amended to read:
   8713.  (a) In no event may a child who has been freed for adoption
be removed from the county in which the child was placed, by any
person who has not petitioned to adopt the child, without first
obtaining the written consent of the department, county adoption
agency, or licensed adoption agency responsible for the child.
   (b) During the pendency of an adoption proceeding:
   (1) The child proposed to be adopted may not be concealed within
the county in which the adoption proceeding is pending.
   (2) The child may not be removed from the county in which the
adoption proceeding is pending unless the petitioners or other
interested persons first obtain permission for the removal from the
court, after giving advance written notice of intent to obtain the
court's permission to the department, county adoption agency, or
licensed adoption agency responsible for the child. Upon proof of
giving notice, permission may be granted by the court if, within a
period of 15 days after the date of giving notice, no objections are
filed with the court by the department, county adoption agency, or
licensed adoption agency responsible for the child. If the
department, county adoption agency, or licensed adoption agency files
objections within the 15-day period, upon the request of the
petitioners the court shall immediately set the matter for hearing
and give to the objector, the petitioners, and the party or parties
requesting permission for the removal reasonable notice of the
hearing by certified mail, return receipt requested, to the address
of each as shown in the records of the adoption proceeding. Upon a
finding that the objections are without good cause, the court may
grant the requested permission for removal of the child, subject to
any limitations that appear to be in the child's best interest.
   (c) This section does not apply in any of the following
situations:
   (1) Where the child is absent for a period of not more than 30
days from the county in which the adoption proceeding is pending,
unless a notice of recommendation of denial of petition has been
personally served on the petitioners or the court has issued an order
prohibiting the child's removal from the county pending
consideration of any of the following:
   (A) The suitability of the petitioners.
   (B) The care provided the child.
   (C) The availability of the legally required agency consents to
the adoption.
   (2) Where the child has been returned to and remains in the
custody and control of the child's birth parent or parents.
   (3) Where written consent for the removal of the child is obtained
from the department, county adoption agency, or licensed adoption
agency responsible for the child.
   (d) A violation of this section is a violation of Section 280 of
the Penal Code.
   (e) Neither this section nor Section 280 of the Penal Code may be
construed to render lawful any act that is unlawful under any other
applicable law.
  SEC. 28.  Section 8715 of the Family Code is amended to read:
   8715.  (a) The department, county adoption agency, or licensed
adoption agency, whichever is a party to, or joins in, the petition,
shall submit a full report of the facts of the case to the court.
   (b) If the child has been adjudged to be a dependent of the
juvenile court pursuant to Section 300 of the Welfare and
Institutions Code, and has thereafter been freed for adoption by the
juvenile court, the report required by this section shall describe
whether the requirements of subdivision (e) of Section 16002 of the
Welfare and Institutions Code have been completed and what, if any,
plan exists for facilitation of postadoptive contact between the
child who is the subject of the adoption petition and his or her
siblings and half siblings.
   (c) If a petition for adoption has been filed with a postadoption
contact agreement pursuant to Section 8616.5, the report shall
address whether the postadoption contact agreement has been entered
into voluntarily, and whether it is in the best interests of the
child who is the subject of the petition.
   (d) The department may also submit a report in those cases in
which a county adoption agency, or licensed adoption agency is a
party or joins in the adoption petition.
   (e)  If a petitioner is a resident of a state other than
California, an updated and current homestudy report, conducted and
approved by a licensed adoption agency or other authorized resource
in the state in which the petitioner resides, shall be reviewed and
endorsed by the department, county adoption agency, or licensed
adoption agency, if the standards and criteria established for a
homestudy report in the other state are substantially commensurate
with the homestudy standards and criteria established in California
adoption regulations.
  SEC. 29.  Section 8716 of the Family Code is amended to read:
   8716.  Where a petition is filed for the adoption of a child who
has been placed for adoption by a county adoption agency, licensed
county adoption agency, or the department, the county adoption
agency, licensed adoption agency, or department may, at the time of
filing a favorable report with the court, require the petitioners to
pay to the agency, as agent of the state, or to the department, a fee
of five hundred dollars ($500). The county adoption agency, licensed
adoption agency, or department may defer, waive, or reduce the fee
if its payment would cause economic hardship to the prospective
adoptive parents detrimental to the welfare of the adopted child, if
the child has been in the foster care of the prospective adoptive
parents for at least one year, or if necessary for the placement of a
special-needs child.
  SEC. 30.  Section 8717 of the Family Code is amended to read:
   8717.  When any report or findings are submitted to the court by
the department, county adoption agency, or licensed adoption agency,
a copy of the report or findings, whether favorable or unfavorable,
shall be given to the petitioner's attorney in the proceeding, if the
petitioner has an attorney of record, or to the petitioner.
  SEC. 31.  Section 8720 of the Family Code is amended to read:
   8720.  (a) If the department, county adoption agency, or licensed
adoption agency finds that the home of the petitioners is not
suitable for the child or that the required agency consents are not
available and the department, county adoption agency, or licensed
adoption agency recommends that the petition be denied, or if the
petitioners desire to withdraw the petition and the department,
county adoption agency, or licensed adoption agency recommends that
the petition be denied, the clerk upon receipt of the report of the
department, county adoption agency, or licensed adoption agency shall
immediately refer it to the court for review.
   (b) Upon receipt of the report, the court shall set a date for a
hearing of the petition and shall give reasonable notice of the
hearing to the department, county adoption agency, or licensed
adoption agency, the petitioners, and, if necessary, the birth
parents, by certified mail, return receipt requested, to the address
of each as shown in the proceeding.
   (c) The department, county adoption agency, or licensed adoption
agency shall appear to represent the child.
  SEC. 32.  Section 8730 of the Family Code is amended to read:
   8730.  If the prospective adoptive parent of a child is a foster
parent with whom the child has lived for a minimum of six months or a
relative caregiver who has had an ongoing and significant
relationship with the child, an assessment or home study of the
prospective adoptive parent may, at the discretion of the department,
county adoption agency, or a licensed adoption agency, or unless the
court with jurisdiction over the child orders otherwise, require
only the following:
   (a) A criminal records check of the relative caregiver or foster
parent, as provided in subdivision (a) of Section 8712.
   (b) A determination that the relative caregiver or foster parent
has sufficient financial stability to support the child and ensure
that any adoption assistance program payment or other government
assistance to which the child is entitled is used exclusively to meet
the child's needs. In making this determination, the experience of
the relative caregiver or foster parent only while the child was in
his or her care shall be considered. For purposes of this section,
the relative caregiver or foster parent shall be required to provide
verification of employment records or income or both.
   (c) A determination that the relative caregiver or foster parent
has not abused or neglected the child while the child has been in his
or her care and has fostered the healthy growth and development of
the child. This determination shall include a review of the
disciplinary practices of the relative caregiver or foster parent to
ensure that the practices are age appropriate and do not physically
or emotionally endanger the child.
   (d) A determination that there is not a likelihood that the
relative caregiver or foster parent will abuse or neglect the child
in the future, that the caregiver or foster parent can protect the
child, ensure necessary care and supervision, and foster the child's
healthy growth and development.
   (e) A determination that the relative caregiver or foster parent
can address racial and cultural issues that may affect the child's
well-being.
   (f) An interview with the relative caregiver or foster parent, an
interview with each individual residing in the home and an interview
with the child to be adopted.
  SEC. 33.  Section 8732 of the Family Code is amended to read:
   8732.  A report of a medical examination of the foster parent with
whom the child has lived for a minimum of six months or the relative
caregiver who has had an ongoing and significant relationship with
the child shall be included in the assessment of each applicant
unless the department, county adoption agency, or licensed adoption
agency determines that, based on other available information, this
report is unnecessary. The assessment shall require certification
that the applicant and each adult residing in the applicant's home
has received a test for communicable tuberculosis.
  SEC. 34.  Section 8733 of the Family Code is amended to read:
   8733.  The department, county adoption agency, or licensed
adoption agency shall require the adoptive parent to be provided with
information related to the specific needs of the child to be
adopted, that, as determined by the licensed adoption agency, may
include information regarding the following: issues surrounding birth
parents, the effects of abuse and neglect on children, cultural and
racial issues, sexuality, contingency planning for children in the
event of the parents' death or disability, financial assistance for
adopted children, common childhood disabilities, including, but not
limited to, emotional disturbances, attention deficit disorder,
learning disabilities, speech and hearing impairment, and dyslexia,
the importance of sibling and half-sibling relationships, and other
issues related to adoption and child development and the availability
of counseling to deal with these issues.
  SEC. 35.  Section 8735 of the Family Code is amended to read:
   8735.  The department shall adopt regulations requiring county
adoption agencies and licensed adoption agencies to inform the agency
responsible for the foster care placement when a relative caregiver
or foster parent has been denied approval to adopt based on an
inability of the relative caregiver or foster parent to provide for
the mental and emotional health, safety, and security of the child
and to recommend either that the relative caregiver or foster parent
be provided with additional support and supervision or that the child
be removed from the home of the relative caregiver or foster parent.

  SEC. 36.  Section 9205 of the Family Code is amended to read:
   9205.  (a) Notwithstanding any other law, the department, county
adoption agency, or licensed adoption agency that joined in the
adoption petition shall release the names and addresses of siblings
to one another if both of the siblings have attained 18 years of age
and have filed the following with the department or agency:
   (1) A current address.
   (2) A written request for contact with any sibling whose existence
is known to the person making the request.
   (3) A written waiver of the person's rights with respect to the
disclosure of the person's name and address to the sibling, if the
person is an adoptee.
   (b) Upon inquiry and proof that a person is the sibling of an
adoptee who has filed a waiver pursuant to this section, the
department, county adoption agency, or licensed adoption agency may
advise the sibling that a waiver has been filed by the adoptee. The
department, county adoption agency, or licensed adoption agency may
charge a reasonable fee, not to exceed fifty dollars ($50), for
providing the service required by this section.
   (c) An adoptee may revoke a waiver filed pursuant to this section
by giving written notice of revocation to the department or agency.
   (d) The department shall adopt a form for the request authorized
by this section. The form shall provide for an affidavit to be
executed by a person seeking to employ the procedure provided by this
section that, to the best of the person's knowledge, the person is
an adoptee or sibling of an adoptee. The form also shall contain a
notice of an adoptee's rights pursuant to subdivision (c) and a
statement that information will be disclosed only if there is a
currently valid waiver on file with the department or agency. The
department may adopt regulations requiring any additional means of
identification from a person making a request pursuant to this
section as it deems necessary.
   (e) The department, county adoption agency, or licensed adoption
agency may not solicit the execution of a waiver authorized by this
section. However, the department shall announce the availability of
the procedure authorized by this section, utilizing a means of
communication appropriate to inform the public effectively.
   (f) Notwithstanding the age requirement described in subdivision
(a), an adoptee or sibling who is under 18 years of age may file a
written waiver of confidentiality for the release of his or her name,
address, and telephone number pursuant to this section provided
that, if an adoptee, the adoptive parent consents, and, if a sibling,
the sibling's legal parent or guardian consents. If the sibling is
under the jurisdiction of the dependency court and has no legal
parent or guardian able or available to provide consent, the
dependency court may provide that consent.
   (g) Notwithstanding subdivisions (a) and (e), an adoptee or
sibling who seeks contact with the other for whom no waiver is on
file may petition the court to appoint a confidential intermediary.
If the sibling being sought is the adoptee, the intermediary shall be
the department, county adoption agency, or licensed adoption agency
that provided adoption services as described in Section 8521 or 8533.
If the sibling being sought was formerly under the jurisdiction of
the juvenile court, but is not an adoptee, the intermediary shall be
the department, the county child welfare agency that provided
services to the dependent child, or the licensed adoption agency that
provided adoption services to the sibling seeking contact, as
appropriate. If the court finds that the agency
                                 that conducted the adoptee's
adoption is unable, due to economic hardship, to serve as the
intermediary, then the agency shall provide all records related to
the adoptee or the sibling to the court and the court shall appoint
an alternate confidential intermediary. The court shall grant the
petition unless it finds that it would be detrimental to the adoptee
or sibling with whom contact is sought. The intermediary shall have
access to all records of the adoptee or the sibling and shall make
all reasonable efforts to locate and attempt to obtain the consent of
the adoptee, sibling, or adoptive or birth parent, as required to
make the disclosure authorized by this section. The confidential
intermediary shall notify any located adoptee, sibling, or adoptive
or birth parent that consent is optional, not required by law, and
does not affect the status of the adoption. If that individual denies
the request for consent, the confidential intermediary shall not
make any further attempts to obtain consent. The confidential
intermediary shall use information found in the records of the
adoptee or the sibling for authorized purposes only, and may not
disclose that information without authorization. If contact is sought
with an adoptee or sibling who is under 18 years of age, the
confidential intermediary shall contact and obtain the consent of
that child's legal parent before contacting the child. If the sibling
is under 18 years of age, under the jurisdiction of the dependency
court, and has no legal parent or guardian able or available to
provide consent, the intermediary shall obtain that consent from the
dependency court. If the adoptee is seeking information regarding a
sibling who is known to be a dependent child of the juvenile court,
the procedures set forth in subdivision (b) of Section 388 of the
Welfare and Institutions Code shall be utilized. If the adoptee is
foreign born and was the subject of an intercountry adoption as
defined in Section 8527, the adoption agency may fulfill the
reasonable efforts requirement by utilizing all information in the
agency's case file, and any information received upon request from
the foreign adoption agency that conducted the adoption, if any, to
locate and attempt to obtain the consent of the adoptee, sibling, or
adoptive or birth parent. If that information is neither in the
agency's case file, nor received from the foreign adoption agency, or
if the attempts to locate are unsuccessful, then the agency shall be
relieved of any further obligation to search for the adoptee or the
sibling.
   (h) For purposes of this section, "sibling" means a biological
sibling, half-sibling, or step-sibling of the adoptee.
   (i) It is the intent of the Legislature that implementation of
some or all of the changes made to Section 9205 of the Family Code by
Chapter 386 of the Statutes of 2006 shall continue, to the extent
possible.
   (j) Beginning in the 2011-12 fiscal year, and each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
  SEC. 37.  Section 1502 of the Health and Safety Code is amended to
read:
   1502.  As used in this chapter:
   (a) "Community care facility" means any facility, place, or
building that is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster family
agency services for children, adults, or children and adults,
including, but not limited to, the physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children, and
includes the following:
   (1) "Residential facility" means any family home, group care
facility, or similar facility determined by the director, for 24-hour
nonmedical care of persons in need of personal services,
supervision, or assistance essential for sustaining the activities of
daily living or for the protection of the individual.
   (2) "Adult day program" means any community-based facility or
program that provides care to persons 18 years of age or older in
need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
these individuals on less than a 24-hour basis.
   (3) "Therapeutic day services facility" means any facility that
provides nonmedical care, counseling, educational or vocational
support, or social rehabilitation services on less than a 24-hour
basis to persons under 18 years of age who would otherwise be placed
in foster care or who are returning to families from foster care.
Program standards for these facilities shall be developed by the
department, pursuant to Section 1530, in consultation with
therapeutic day services and foster care providers.
   (4) "Foster family agency" means any organization engaged in the
recruiting, certifying, and training of, and providing professional
support to, foster parents, or in finding homes or other places for
placement of children for temporary or permanent care who require
that level of care as an alternative to a group home. Private foster
family agencies shall be organized and operated on a nonprofit basis.

   (5) "Foster family home" means any residential facility providing
24-hour care for six or fewer foster children that is owned, leased,
or rented and is the residence of the foster parent or parents,
including their family, in whose care the foster children have been
placed. The placement may be by a public or private child placement
agency or by a court order, or by voluntary placement by a parent,
parents, or guardian. It also means a foster family home described in
Section 1505.2.
   (6) "Small family home" means any residential facility, in the
licensee's family residence, that provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities. A small family home may accept
children with special health care needs, pursuant to subdivision (a)
of Section 17710 of the Welfare and Institutions Code. In addition to
placing children with special health care needs, the department may
approve placement of children without special health care needs, up
to the licensed capacity.
   (7) "Social rehabilitation facility" means any residential
facility that provides social rehabilitation services for no longer
than 18 months in a group setting to adults recovering from mental
illness who temporarily need assistance, guidance, or counseling.
Program components shall be subject to program standards pursuant to
Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of
Division 5 of the Welfare and Institutions Code.
   (8) "Community treatment facility" means any residential facility
that provides mental health treatment services to children in a group
setting and that has the capacity to provide secure containment.
Program components shall be subject to program standards developed
and enforced by the State Department of Mental Health pursuant to
Section 4094 of the Welfare and Institutions Code.
   Nothing in this section shall be construed to prohibit or
discourage placement of persons who have mental or physical
disabilities into any category of community care facility that meets
the needs of the individual placed, if the placement is consistent
with the licensing regulations of the department.
   (9) "Full-service adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
   (A) Assumes care, custody, and control of a child through
relinquishment of the child to the agency or involuntary termination
of parental rights to the child.
   (B) Assesses the birth parents, prospective adoptive parents, or
child.
   (C) Places children for adoption.
   (D) Supervises adoptive placements.
   Private full-service adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a full-service adoption agency shall
be accredited and in good standing according to Part 96 of Title 22
of the Code of Federal Regulations, or supervised by an accredited
primary provider, or acting as an exempted provider, in compliance
with Subpart F (commencing with Section 96.29) of Part 96 of Title 22
of the Code of Federal Regulations.
   (10) "Noncustodial adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
   (A) Assesses the prospective adoptive parents.
   (B) Cooperatively matches children freed for adoption, who are
under the care, custody, and control of a licensed adoption agency,
for adoption, with assessed and approved adoptive applicants.
   (C) Cooperatively supervises adoptive placements with a
full-service adoptive agency, but does not disrupt a placement or
remove a child from a placement.
   Private noncustodial adoption agencies shall be organized and
operated on a nonprofit basis. As a condition of licensure to provide
intercountry adoption services, a noncustodial adoption agency shall
be accredited and in good standing according to Part 96 of Title 22
of the Code of Federal Regulations, or supervised by an accredited
primary provider, or acting as an exempted provider, in compliance
with Subpart F (commencing with Section 96.29) of Part 96 of Title 22
of the Code of Federal Regulations.
   (11) "Transitional shelter care facility" means any group care
facility that provides for 24-hour nonmedical care of persons in need
of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
the individual. Program components shall be subject to program
standards developed by the State Department of Social Services
pursuant to Section 1502.3.
   (12)  "Transitional housing placement provider" means an
organization licensed by the department pursuant to Section 1559.110
and Section 16522.1 of the Welfare and Institutions Code to provide
transitional housing to foster children at least 16 years of age, and
not more than 18 years of age and nonminor dependents, as defined in
subdivision (v) of Section 11400 of the Welfare and Institutions
Code, to promote their transition to adulthood. A transitional
housing placement provider shall be privately operated and organized
on a nonprofit basis.
   (b) "Department" or "state department" means the State Department
of Social Services.
   (c) "Director" means the Director of Social Services.
  SEC. 38.  Section 1505 of the Health and Safety Code is amended to
read:
   1505.  This chapter does not apply to any of the following:
   (a) Any health facility, as defined by Section 1250.
   (b) Any clinic, as defined by Section 1202.
   (c) Any juvenile placement facility approved by the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, or any
juvenile hall operated by a county.
   (d) Any place in which a juvenile is judicially placed pursuant to
subdivision (a) of Section 727 of the Welfare and Institutions Code.

   (e) Any child day care facility, as defined in Section 1596.750.
   (f) Any facility conducted by and for the adherents of any
well-recognized church or religious denomination for the purpose of
providing facilities for the care or treatment of the sick who depend
upon prayer or spiritual means for healing in the practice of the
religion of the church or denomination.
   (g) Any school dormitory or similar facility determined by the
department.
   (h) Any house, institution, hotel, homeless shelter, or other
similar place that supplies board and room only, or room only, or
board only, provided that no resident thereof requires any element of
care as determined by the director.
   (i) Recovery houses or other similar facilities providing group
living arrangements for persons recovering from alcoholism or drug
addiction where the facility provides no care or supervision.
   (j) Any alcoholism or drug abuse recovery or treatment facility as
defined by Section 11834.11.
   (k) Any arrangement for the receiving and care of persons by a
relative or any arrangement for the receiving and care of persons
from only one family by a close friend of the parent, guardian, or
conservator, if the arrangement is not for financial profit and
occurs only occasionally and irregularly, as defined by regulations
of the department. For purposes of this chapter, arrangements for the
receiving and care of persons by a relative shall include relatives
of the child for the purpose of keeping sibling groups together.
   (l) (1) Any home of a relative caregiver of children who are
placed by a juvenile court, supervised by the county welfare or
probation department, and the placement of whom is approved according
to subdivision (d) of Section 309 of the Welfare and Institutions
Code.
   (2) Any home of a nonrelative extended family member, as described
in Section 362.7 of the Welfare and Institutions Code, providing
care to children who are placed by a juvenile court, supervised by
the county welfare or probation department, and the placement of whom
is approved according to subdivision (d) of Section 309 of the
Welfare and Institutions Code.
   (3) On and after January 1, 2012, any supervised independent
living setting for nonminor dependents, as defined in subdivision (w)
of Section 11400 of the Welfare and Institutions Code, who are
placed by the juvenile court, supervised by the county welfare
department, probation department, or Indian tribe that entered into
an agreement pursuant to Section 10553.1 of the Welfare and
Institutions Code, and whose placement is approved pursuant to
subdivision (k) of Section 11400 of the Welfare and Institutions
Code.
   (4) A Transitional Housing Program-Plus, as defined in subdivision
(s) of Section 11400 of the Welfare and Institutions Code, that
serves only eligible former foster youth over 18 years of age who
have exited from the foster care system on or after their 18th
birthday, and that has obtained certification from the applicable
county welfare department in accordance with subdivision (c) of
Section 16522 of the Welfare and Institutions Code.
   (m) Any supported living arrangement for individuals with
developmental disabilities, as defined in Section 4689 of the Welfare
and Institutions Code.
   (n) (1) Any family home agency, family home, or family teaching
home as defined in Section 4689.1 of the Welfare and Institutions
Code, that is vendored by the State Department of Developmental
Services and that does any of the following:
   (A) As a family home approved by a family home agency, provides
24-hour care for one or two adults with developmental disabilities in
the residence of the family home provider or providers and the
family home provider or providers' family, and the provider is not
licensed by the State Department of Social Services or the State
Department of Public Health or certified by a licensee of the State
Department of Social Services or the State Department of Public
Health.
   (B) As a family teaching home approved by a family home agency,
provides 24-hour care for a maximum of three adults with
developmental disabilities in independent residences, whether
contiguous or attached, and the provider is not licensed by the State
Department of Social Services or the State Department of Public
Health or certified by a licensee of the State Department of Social
Services or the State Department of Public Health.
   (C) As a family home agency, engages in recruiting, approving, and
providing support to family homes.
   (2) No part of this subdivision shall be construed as establishing
by implication either a family home agency or family home licensing
category.
   (o) Any facility in which only Indian children who are eligible
under the federal Indian Child Welfare Act (Chapter 21 (commencing
with Section 1901) of Title 25 of the United States Code) are placed
and that is one of the following:
   (1) An extended family member of the Indian child, as defined in
Section 1903 of Title 25 of the United States Code.
   (2) A foster home that is licensed, approved, or specified by the
Indian child's tribe pursuant to Section 1915 of Title 25 of the
United States Code.
   (p) (1) (A) Any housing occupied by elderly or disabled persons,
or both, that is initially approved and operated under a regulatory
agreement pursuant to Section 202 of Public Law 86-372 (12 U.S.C.
Sec. 1701q), or Section 811 of Public Law 101-625 (42 U.S.C. Sec.
8013), or whose mortgage is insured pursuant to Section 236 of Public
Law 90-448 (12 U.S.C. Sec. 1715z), or that receives mortgage
assistance pursuant to Section 221d (3) of Public Law 87-70 (12
U.S.C. Sec. 1715  l  ), where supportive services are made
available to residents at their option, as long as the project owner
or operator does not contract for or provide the supportive services.

   (B) Any housing that qualifies for a low-income housing credit
pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or
that is subject to the requirements for rental dwellings for
low-income families pursuant to Section 8 of Public Law 93-383 (42
U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
persons, or both, where supportive services are made available to
residents at their option, as long as the project owner or operator
does not contract for or provide the supportive services.
   (2) The project owner or operator to which paragraph (1) applies
may coordinate, or help residents gain access to, the supportive
services, either directly, or through a service coordinator.
   (q) Any similar facility determined by the director.
  SEC. 39.  Section 1559.110 of the Health and Safety Code is amended
to read:
   1559.110.  (a) The State Department of Social Services shall
license transitional housing placement providers pursuant to this
chapter. Prior to licensure, a provider shall obtain certification
from the applicable county welfare department, in accordance with
Section 16522.1 of the Welfare and Institutions Code.
   (b) Transitional housing placement providers shall provide
supervised transitional housing services to foster children who are
at least 16 years of age and not more than 18 years of age, or
nonminor dependents, as defined in subdivision (v) of Section 11400
of the Welfare and Institutions Code, or both.
   (c) Transitional housing placement providers shall certify that
housing units comply with the health and safety standards set forth
in paragraph (5) of subdivision (b) of Section 1501. Transitional
housing shall include any of the following:
   (1) Programs in which one or more participants in the program live
in an apartment, single-family dwelling, or condominium with an
adult employee of the provider, or host family home.
   (2) Programs in which a participant lives independently in an
apartment, single-family dwelling, or condominium rented or leased by
the provider located in a building in which one or more adult
employees of the provider reside and provide supervision.
   (3) Programs in which a participant lives independently in an
apartment, single-family dwelling, or condominium rented or leased by
a provider under the supervision of the provider if the State
Department of Social Services provides approval. The housing model
described in this paragraph shall be available to minor foster
children, if placed prior to October 1, 2012, and to nonminor
dependents.
   (d) (1) The department shall adopt regulations to govern
transitional housing placement providers licensed pursuant to this
section.
   (2) The regulations shall be age-appropriate and recognize that
nonminor dependents who are about to exit from the foster care system
should be subject to fewer restrictions than those who are foster
children. At a minimum, the regulations shall provide for both of the
following:
   (A) Require programs that serve both foster children and nonminor
dependents to have separate rules and program design, as appropriate,
for these two groups of youth.
   (B) Allow nonminor dependents to have the greatest amount of
freedom possible in order to prepare them for their transition to
adulthood, in accordance with paragraph (1) of subdivision (b) of
Section 1502.7.
  SEC. 40.  Section 293 of the Welfare and Institutions Code is
amended to read:
   293.  The social worker or probation officer shall give notice of
the review hearings held pursuant to Section 366.21, 366.22, or
366.25 in the following manner:
   (a) Notice of the hearing shall be given to the following persons:

   (1) The mother.
   (2) The presumed father or any father receiving services.
   (3) The legal guardian or guardians.
   (4) The child, if the child is 10 years of age or older.
   (5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (6) In the case of a child removed from the physical custody of
his or her parent or legal guardian, the current caregiver of the
child, including the foster parents, relative caregivers, preadoptive
parents, nonrelative extended family members, community care
facility, or foster family agency having custody of the child. In a
case in which a foster family agency is notified of the hearing
pursuant to this section, and the child resides in a foster home
certified by the foster family agency, the foster family agency shall
provide timely notice of the hearing to the child's caregivers.
   (7) Each attorney of record if that attorney was not present at
the time that the hearing was set by the court.
   (b) No notice is required for a parent whose parental rights have
been terminated. On and after January 1, 2012, in the case of a
nonminor dependent, as described in subdivision (v) of Section 11400,
no notice is required for a parent.
   (c) The notice of hearing shall be served not earlier than 30
days, nor later than 15 days, before the hearing.
   (d) The notice shall contain a statement regarding the nature of
the hearing to be held and any change in the custody or status of the
child being recommended by the supervising agency. If the notice is
to the child, parent or parents, or legal guardian or guardians, the
notice shall also advise them of the right to be present, the right
to be represented by counsel, the right to request counsel, and the
right to present evidence. The notice shall also state that if the
parent or parents or legal guardian or guardians fail to appear, the
court may proceed without them.
   (e) Service of the notice shall be by first-class mail addressed
to the last known address of the person to be noticed or by personal
service on the person. Service of a copy of the notice shall be by
personal service or by certified mail, return receipt requested, or
any other form of notice that is equivalent to service by first-class
mail.
   (f) Notice to the current caregiver of the child, including a
foster parent, a relative caregiver, a preadoptive parent, or a
nonrelative extended family member, or to a certified foster parent
who has been approved for adoption, or the State Department of Social
Services when it is acting as an adoption agency or by a county
adoption agency, shall indicate that the person notified may attend
all hearings or may submit any information he or she deems relevant
to the court in writing.
   (g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.
  SEC. 41.  Section 294 of the Welfare and Institutions Code, as
amended by Section 2 of Chapter 287 of the Statutes of 2009, is
amended to read:
   294.  The social worker or probation officer shall give notice of
a selection and implementation hearing held pursuant to Section
366.26 in the following manner:
   (a) Notice of the hearing shall be given to the following persons:

   (1) The mother.
   (2) The fathers, presumed and alleged.
   (3) The child, if the child is 10 years of age or older.
   (4) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (5) The grandparents of the child, if their address is known and
if the parent's whereabouts are unknown.
   (6) All counsel of record.
   (7) To any unknown parent by publication, if ordered by the court
pursuant to paragraph (2) of subdivision (g).
   (8) The current caregiver of the child, including foster parents,
relative caregivers, preadoptive parents, and nonrelative extended
family members. Any person notified may attend all hearings and may
submit any information he or she deems relevant to the court in
writing.
   (b) The following persons shall not be notified of the hearing:
   (1) A parent who has relinquished the child to the State
Department of Social Services, county adoption agency, or licensed
adoption agency for adoption, and the relinquishment has been
accepted and filed with notice as required under Section 8700 of the
Family Code.
   (2) An alleged father who has denied paternity and has executed a
waiver of the right to notice of further proceedings.
   (3) A parent whose parental rights have been terminated.
   (c) (1) Service of the notice shall be completed at least 45 days
before the hearing date. Service is deemed complete at the time the
notice is personally delivered to the person named in the notice or
10 days after the notice has been placed in the mail, or at the
expiration of the time prescribed by the order for publication.
   (2) Service of notice in cases where publication is ordered shall
be completed at least 30 days before the date of the hearing.
   (d) Regardless of the type of notice required, or the manner in
which it is served, once the court has made the initial finding that
notice has properly been given to the parent, or to any person
entitled to receive notice pursuant
        to this section, subsequent notice for any continuation of a
Section 366.26 hearing may be by first-class mail to any last known
address, by an order made pursuant to Section 296, or by any other
means that the court determines is reasonably calculated, under any
circumstance, to provide notice of the continued hearing. However, if
the recommendation changes from the recommendation contained in the
notice previously found to be proper, notice shall be provided to the
parent, and to any person entitled to receive notice pursuant to
this section, regarding that subsequent hearing.
   (e) The notice shall contain the following information:
   (1) The date, time, and place of the hearing.
   (2) The right to appear.
   (3) The parents' right to counsel.
   (4) The nature of the proceedings.
   (5) The recommendation of the supervising agency.
   (6) A statement that, at the time of hearing, the court is
required to select a permanent plan of adoption, legal guardianship,
or long-term foster care for the child.
   (f) Notice to the parents may be given in any one of the following
manners:
   (1) If the parent is present at the hearing at which the court
schedules a hearing pursuant to Section 366.26, the court shall
advise the parent of the date, time, and place of the proceedings,
their right to counsel, the nature of the proceedings, and the
requirement that at the proceedings the court shall select and
implement a plan of adoption, legal guardianship, or long-term foster
care for the child. The court shall direct the parent to appear for
the proceedings and then direct that the parent be notified
thereafter by first-class mail to the parent's usual place of
residence or business only.
   (2) Certified mail, return receipt requested, to the parent's last
known mailing address. This notice shall be sufficient if the child
welfare agency receives a return receipt signed by the parent.
   (3) Personal service to the parent named in the notice.
   (4) Delivery to a competent person who is at least 18 years of age
at the parent's usual place of residence or business, and thereafter
mailed to the parent named in the notice by first-class mail at the
place where the notice was delivered.
   (5) If the residence of the parent is outside the state, service
may be made as described in paragraph (1), (3), or (4) or by
certified mail, return receipt requested.
   (6) If the recommendation of the probation officer or social
worker is legal guardianship or long-term foster care, or, in the
case of an Indian child, tribal customary adoption, service may be
made by first-class mail to the parent's usual place of residence or
business.
   (7) If a parent's identity is known but his or her whereabouts are
unknown and the parent cannot, with reasonable diligence, be served
in any manner specified in paragraphs (1) to (6), inclusive, the
petitioner shall file an affidavit with the court at least 75 days
before the hearing date, stating the name of the parent and
describing the efforts made to locate and serve the parent.
   (A) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends adoption, service shall be to that parent'
s attorney of record, if any, by certified mail, return receipt
requested. If the parent does not have an attorney of record, the
court shall order that service be made by publication of citation
requiring the parent to appear at the date, time, and place stated in
the citation, and that the citation be published in a newspaper
designated as most likely to give notice to the parent. Publication
shall be made once a week for four consecutive weeks. Whether notice
is to the attorney of record or by publication, the court shall also
order that notice be given to the grandparents of the child, if their
identities and addresses are known, by first-class mail.
   (B) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends legal guardianship or long-term foster
care, no further notice is required to the parent, but the court
shall order that notice be given to the grandparents of the child, if
their identities and addresses are known, by first-class mail.
   (C) In any case where the residence of the parent becomes known,
notice shall immediately be served upon the parent as provided for in
either paragraph (2), (3), (4), (5), or (6).
   (g) (1) If the identity of one or both of the parents, or alleged
parents, of the child is unknown, or if the name of one or both
parents is uncertain, then that fact shall be set forth in the
affidavit filed with the court at least 75 days before the hearing
date and the court, consistent with the provisions of Sections 7665
and 7666 of the Family Code, shall issue an order dispensing with
notice to a natural parent or possible natural parent under this
section if, after inquiry and a determination that there has been due
diligence in attempting to identify the unknown parent, the court is
unable to identify the natural parent or possible natural parent and
no person has appeared claiming to be the natural parent.
   (2) After a determination that there has been due diligence in
attempting to identify an unknown parent pursuant to paragraph (1)
and the probation officer or social worker recommends adoption, the
court shall consider whether publication notice would be likely to
lead to actual notice to the unknown parent. The court may order
publication notice if, on the basis of all information before the
court, the court determines that notice by publication is likely to
lead to actual notice to the parent. If publication notice to an
unknown parent is ordered, the court shall order the published
citation to be directed to either the father or mother, or both, of
the child, and to all persons claiming to be the father or mother of
the child, naming and otherwise describing the child. An order of
publication pursuant to this paragraph shall be based on an affidavit
describing efforts made to identify the unknown parent or parents.
Service made by publication pursuant to this paragraph shall require
the unknown parent or parents to appear at the date, time, and place
stated in the citation. Publication shall be made once a week for
four consecutive weeks.
   (3) If the court determines that there has been due diligence in
attempting to identify one or both of the parents, or alleged
parents, of the child and the probation officer or social worker
recommends legal guardianship or long-term foster care, no further
notice to the parent shall be required.
   (h) Notice to the child and all counsel of record shall be by
first-class mail.
   (i) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.
   (j) Notwithstanding subdivision (a), if the attorney of record is
present at the time the court schedules a hearing pursuant to Section
366.26, no further notice is required, except as required by
subparagraph (A) of paragraph (7) of subdivision (f).
   (k) This section shall also apply to children adjudged wards
pursuant to Section 727.31.
   (l) The court shall state the reasons on the record explaining why
good cause exists for granting any continuance of a hearing held
pursuant to Section 366.26 to fulfill the requirements of this
section.
  SEC. 42.  Section 294 of the Welfare and Institutions Code, as
added by Section 3 of Chapter 287 of the Statutes of 2009, is
repealed.
  SEC. 43.  Section 305.6 of the Welfare and Institutions Code, as
amended by Section 1 of Chapter 440 of the Statutes of 2010, is
amended to read:
   305.6.  (a) Any peace officer may, without a warrant, take into
temporary custody a minor who is in a hospital if the release of the
minor to a prospective adoptive parent or a representative of a
licensed adoption agency poses an immediate danger to the minor's
health or safety.
   (b) (1) Notwithstanding subdivision (a) and Section 305, a peace
officer may not, without a warrant, take into temporary custody a
minor who is in a hospital if all of the following conditions exist:
   (A) The minor is a newborn who tested positive for illegal drugs
or whose birth mother tested positive for illegal drugs.
   (B) The minor is the subject of a proposed adoption and a Health
Facility Minor Release Report, prescribed by the department, has been
completed by the hospital, including the marking of the boxes
applicable to an independent adoption or agency adoption planning,
and signed by the placing birth parent or birth parents, as well as
either the prospective adoptive parent or parents or an authorized
representative of a licensed adoption agency, prior to the discharge
of the birth parent or the minor from the hospital. Prior to signing
the Health Facility Minor Release Report, the birth parent or parents
shall be given a notice written in at least 14-point pica type,
containing substantially the following statements:
   (i) That the Health Facility Minor Release Report does not
constitute consent to adoption of the minor by the prospective
adoptive parent or parents, or any other person.
   (ii) That the Health Facility Minor Release Report does not
constitute a relinquishment of parental rights for the purposes of
adoption.
   (iii) That the birth parent or parents or any person authorized by
the birth parent or parents may reclaim the minor at any time from
the prospective adoptive parent or parents or any other person to
whom the minor was released by the hospital, as provided in Sections
8814.5, 8815, or 8700 of the Family Code.
   This notice shall be signed by the birth parent or parents and
attached to the Health Facility Minor Release Report, a copy of which
shall be provided to the birth parent or parents by hospital
personnel at the time the form is completed.
   (C) The release of the minor to a prospective adoptive parent or
parents or an authorized representative of a licensed adoption agency
does not pose an immediate danger to the minor.
   (D) An attorney or an adoption agency has provided documentation
stating that he or she, or the agency, is representing the
prospective adoptive parent or parents for purposes of the adoption.
In the case of an independent adoption, as defined in Section 8524 of
the Family Code, the attorney or adoption agency shall provide
documentation stating that the prospective adoptive parent or parents
have been informed that the child may be eligible for benefits
provided pursuant to the Adoption Assistance Program, as set forth in
Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9,
only if, at the time the adoption request is filed, the child has
met the requirements to receive federal supplemental security income
benefits pursuant to Subchapter XVI (commencing with Section 1381) of
Chapter 7 of Title 42 of the United States Code, as determined and
documented by the federal Social Security Administration.
   (E) The prospective adoptive parent or parents or their
representative, or an authorized representative of a licensed
adoption agency, provides all of the following to the peace officer
who is at the hospital to take the minor into temporary custody:
   (i) A fully executed copy of the Health Facility Minor Release
Report.
   (ii) A written form, developed by the department, signed by either
the prospective adoptive parent or parents or a representative of
the licensed adoption agency, which shall include all of the
following:
   (I) A statement that the minor is the subject of a proposed
adoption.
   (II) A declaration that the signer or signers will immediately
notify the county child welfare agency pursuant to Section 11165.9 of
the Penal Code if the adoption plan is terminated for any reason,
and will not release the minor to the birth parent or parents or any
designee of the birth parent or parents until the county child
welfare agency or local law enforcement agency completes an
investigation and determines that release of the minor to the birth
parent or parents or a designee of the birth parent or parents will
not create an immediate risk to the health or safety of the minor.
   (III) An agreement to provide a conformed copy of the adoption
request or guardianship petition to the county child welfare agency
within five business days after filing.
   (IV) The names, identifying information, and contact information
for the minor, for each prospective adoptive parent, and for each
birth parent, to the extent that information is known. In the case of
an agency adoption where no prospective adoptive parent or parents
are identified at the time of the minor's release from the hospital,
the licensed adoption agency may provide the information as it
pertains to the licensed or certified foster home into which the
agency intends to place the minor.
   (c) (1) In every independent adoption proceeding under this
section, the prospective adoptive parent or parents shall file with
the court either an adoption request within 10 working days after
execution of an adoption placement agreement, or a guardianship
petition within 30 calendar days after the child's discharge from the
hospital, whichever is earlier.
   (2) If the adoption plan for a minor who was released from the
hospital pursuant to subdivision (b) is terminated for any reason,
the prospective adoptive parent or parents or licensed adoption
agency shall immediately notify the county child welfare agency. The
prospective adoptive parent or parents or licensed adoption agency
may not release the minor into the physical custody of the birth
parent or parents, or any designee of the birth parent or parents,
until the county child welfare agency or local law enforcement agency
completes an investigation and determines that release of the minor
to the birth parent or parents or a designee of the birth parent or
parents will not create an immediate risk to the health or safety of
the minor.
   (d) Nothing in this section is intended to create a duty that
requires law enforcement to investigate the prospective adoptive
parent or parents.
  SEC. 44.  Section 305.6 of the Welfare and Institutions Code, as
added by Section 2 of Chapter 440 of the Statutes of 2010, is
repealed.
  SEC. 45.  Section 358.1 of the Welfare and Institutions Code, as
amended by Section 9 of Chapter 559 of the Statutes of 2010, is
amended to read:
   358.1.  Each social study or evaluation made by a social worker or
child advocate appointed by the court, required to be received in
evidence pursuant to Section 358, shall include, but not be limited
to, a factual discussion of each of the following subjects:
   (a) Whether the county welfare department or social worker has
considered child protective services, as defined in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9, as a
possible solution to the problems at hand, and has offered these
services to qualified parents if appropriate under the circumstances.

   (b) What plan, if any, for return of the child to his or her
parents and for achieving legal permanence for the child if efforts
to reunify fail, is recommended to the court by the county welfare
department or probation officer.
   (c) Whether the best interests of the child will be served by
granting reasonable visitation rights with the child to his or her
grandparents, in order to maintain and strengthen the child's family
relationships.
   (d) (1) Whether the child has siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (A) The nature of the relationship between the child and his or
her siblings.
   (B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
   (D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   (2) The factual discussion shall include a discussion of
indicators of the nature of the child's sibling relationships,
including, but not limited to, whether the siblings were raised
together in the same home, whether the siblings have shared
significant common experiences or have existing close and strong
bonds, whether either sibling expresses a desire to visit or live
with his or her sibling, as applicable, and whether ongoing contact
is in the child's best emotional interest.
   (e) If the parent or guardian is unwilling or unable to
participate in making an educational decision for his or her child,
or if other circumstances exist that compromise the ability of the
parent or guardian to make educational decisions for the child, the
county welfare department or social worker shall consider whether the
right of the parent or guardian to make educational decisions for
the child should be limited. If the study or evaluation makes that
recommendation, it shall identify whether there is a responsible
adult available to make educational decisions for the child pursuant
to Section 361.
   (f) Whether the child appears to be a person who is eligible to be
considered for further court action to free the child from parental
custody and control.
   (g) Whether the parent has been advised of his or her option to
participate in adoption planning, including the option to enter into
a postadoption contact agreement as described in Section 8714.7 of
the Family Code, and to voluntarily relinquish the child for adoption
if an adoption agency is willing to accept the relinquishment.
   (h) The appropriateness of any relative placement pursuant to
Section 361.3. However, this consideration may not be cause for
continuance of the dispositional hearing.
   (i) Whether the caregiver desires, and is willing, to provide
legal permanency for the child if reunification is unsuccessful.
   (j) For an Indian child, in consultation with the Indian child's
tribe, whether tribal customary adoption is an appropriate permanent
plan for the child if reunification is unsuccessful.
   (k) On and after the date that the director executes a declaration
pursuant to Section 11217, whether the child has been placed in an
approved relative's home under a voluntary placement agreement for a
period not to exceed 180 days, the parent or guardian is not
interested in additional family maintenance or family reunification
services, and the relative desires and is willing to be appointed the
child's legal guardian.
  SEC. 46.  Section 358.1 of the Welfare and Institutions Code, as
amended by Section 10 of Chapter 559 of the Statutes of 2010, is
repealed.
  SEC. 47.  Section 361 of the Welfare and Institutions Code is
amended to read:
   361.  (a) In all cases in which a minor is adjudged a dependent
child of the court on the ground that the minor is a person described
by Section 300, the court may limit the control to be exercised over
the dependent child by any parent or guardian and shall by its order
clearly and specifically set forth all those limitations. Any
limitation on the right of the parent or guardian to make educational
or developmental services decisions for the child shall be
specifically addressed in the court order. The limitations may not
exceed those necessary to protect the child. If the court
specifically limits the right of the parent or guardian to make
educational or developmental services decisions for the child, the
court shall at the same time appoint a responsible adult to make
educational or developmental services decisions for the child until
one of the following occurs:
   (1) The minor reaches 18 years of age, unless the child chooses
not to make educational or developmental services decisions for
himself or herself, or is deemed by the court to be incompetent.
   (2) Another responsible adult is appointed to make educational or
developmental services decisions for the minor pursuant to this
section.
   (3) The right of the parent or guardian to make educational or
developmental services decisions for the minor is fully restored.
   (4) A successor guardian or conservator is appointed.
   (5) The child is placed into a planned permanent living
arrangement pursuant to paragraph (3) of subdivision (g) of Section
366.21, Section 366.22, or Section 366.26, at which time, for
educational decisionmaking, the foster parent, relative caretaker, or
nonrelative extended family member as defined in Section 362.7, has
the right to represent the child in educational matters pursuant to
Section 56055 of the Education Code, and for decisions relating to
developmental services, unless the court specifies otherwise, the
foster parent, relative caregiver, or nonrelative extended family
member of the planned permanent living arrangement has the right to
represent the child in matters related to developmental services.
   An individual who would have a conflict of interest in
representing the child may not be appointed to make educational or
developmental services decisions. For purposes of this section, "an
individual who would have a conflict of interest," means a person
having any interests that might restrict or bias his or her ability
to make educational or developmental services decisions, including,
but not limited to, those conflicts of interest prohibited by Section
1126 of the Government Code, and the receipt of compensation or
attorneys' fees for the provision of services pursuant to this
section. A foster parent may not be deemed to have a conflict of
interest solely because he or she receives compensation for the
provision of services pursuant to this section.
   If the court is unable to appoint a responsible adult to make
educational decisions for the child and paragraphs (1) to (5),
inclusive, do not apply, and the child has either been referred to
the local educational agency for special education and related
services, or has a valid individualized education program, the court
shall refer the child to the local educational agency for appointment
of a surrogate parent pursuant to Section 7579.5 of the Government
Code.
   If the court cannot identify a responsible adult to make
educational decisions for the child, the appointment of a surrogate
parent as defined in subdivision (a) of Section 56050 of the
Education Code is not warranted, and there is no foster parent to
exercise the authority granted by Section 56055 of the Education
Code, the court may, with the input of any interested person, make
educational decisions for the child.
   If the court appoints a developmental services decisionmaker
pursuant to this section, he or she shall have the authority to
access the child's information and records pursuant to subdivision
(u) of Section 4514 and subdivision (y) of Section 5328, and to act
on the child's behalf for the purposes of the individual program plan
process pursuant to Sections 4646, 4646.5, and 4648 and the fair
hearing process pursuant to Chapter 7 (commencing with Section 4700)
of Division 4.5, and as set forth in the court order.
   If the court cannot identify a responsible adult to make
developmental services decisions for the child, the court may, with
the input of any interested person, make developmental services
decisions for the child. If the child is receiving services from a
regional center, the provision of any developmental services related
to the court's decision must be consistent with the child's
individual program plan and pursuant to the provisions of the
Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500)).
   All educational and school placement decisions shall seek to
ensure that the child is in the least restrictive educational
programs and has access to the academic resources, services, and
extracurricular and enrichment activities that are available to all
pupils. In all instances, educational and school placement decisions
shall be based on the best interests of the child.
   (b) Subdivision (a) does not limit the ability of a parent to
voluntarily relinquish his or her child to the State Department of
Social Services or to a county adoption agency at any time while the
child is a dependent child of the juvenile court, if the department
or agency is willing to accept the relinquishment.
   (c) A dependent child may not be taken from the physical custody
of his or her parents or guardian or guardians with whom the child
resides at the time the petition was initiated, unless the juvenile
court finds clear and convincing evidence of any of the following
circumstances listed in paragraphs (1) to (5), inclusive, and, in an
Indian child custody proceeding, paragraph (6):
   (1) There is or would be a substantial danger to the physical
health, safety, protection, or physical or emotional well-being of
the minor if the minor were returned home, and there are no
reasonable means by which the minor's physical health can be
protected without removing the minor from the minor's parent's or
guardian's physical custody. The fact that a minor has been
adjudicated a dependent child of the court pursuant to subdivision
(e) of Section 300 shall constitute prima facie evidence that the
minor cannot be safely left in the physical custody of the parent or
guardian with whom the minor resided at the time of injury. The court
shall consider, as a reasonable means to protect the minor, the
option of removing an offending parent or guardian from the home. The
court shall also consider, as a reasonable means to protect the
minor, allowing a nonoffending parent or guardian to retain physical
custody as long as that parent or guardian presents a plan acceptable
to the court demonstrating that he or she will be able to protect
the child from future harm.
   (2) The parent or guardian of the minor is unwilling to have
physical custody of the minor, and the parent or guardian has been
notified that if the minor remains out of their physical custody for
the period specified in Section 366.26, the minor may be declared
permanently free from their custody and control.
   (3) The minor is suffering severe emotional damage, as indicated
by extreme anxiety, depression, withdrawal, or untoward aggressive
behavior toward himself or herself or others, and there are no
reasonable means by which the minor's emotional health may be
protected without removing the minor from the physical custody of his
or her parent or guardian.
   (4) The minor or a sibling of the minor has been sexually abused,
or is deemed to be at substantial risk of being sexually abused, by a
parent, guardian, or member
   of his or her household, or other person known to his or her
parent, and there are no reasonable means by which the minor can be
protected from further sexual abuse or a substantial risk of sexual
abuse without removing the minor from his or her parent or guardian,
or the minor does not wish to return to his or her parent or
guardian.
   (5) The minor has been left without any provision for his or her
support, or a parent who has been incarcerated or institutionalized
cannot arrange for the care of the minor, or a relative or other
adult custodian with whom the child has been left by the parent is
unwilling or unable to provide care or support for the child and the
whereabouts of the parent is unknown and reasonable efforts to locate
him or her have been unsuccessful.
   (6) In an Indian child custody proceeding, continued custody of
the child by the parent or Indian custodian is likely to result in
serious emotional or physical damage to the child, and that finding
is supported by testimony of a "qualified expert witness" as
described in Section 224.6.
   (A) Stipulation by the parent, Indian custodian, or the Indian
child's tribe, or failure to object, may waive the requirement of
producing evidence of the likelihood of serious damage only if the
court is satisfied that the party has been fully advised of the
requirements of the federal Indian Child Welfare Act (25 U.S.C. Sec.
1901 et seq.), and has knowingly, intelligently, and voluntarily
waived them.
   (B) Failure to meet non-Indian family and child-rearing community
standards, or the existence of other behavior or conditions that meet
the removal standards of this section, will not support an order for
placement in the absence of the finding in this paragraph.
   (d) The court shall make a determination as to whether reasonable
efforts were made to prevent or to eliminate the need for removal of
the minor from his or her home or, if the minor is removed for one of
the reasons stated in paragraph (5) of subdivision (c), whether it
was reasonable under the circumstances not to make any of those
efforts, or, in the case of an Indian child custody proceeding,
whether active efforts as required in Section 361.7 were made and
that these efforts have proved unsuccessful. The court shall state
the facts on which the decision to remove the minor is based.
   (e) The court shall make all of the findings required by
subdivision (a) of Section 366 in either of the following
circumstances:
   (1) The minor has been taken from the custody of his or her parent
or guardian and has been living in an out-of-home placement pursuant
to Section 319.
   (2) The minor has been living in a voluntary out-of-home placement
pursuant to Section 16507.4.
  SEC. 48.  Section 361.5 of the Welfare and Institutions Code, as
amended by Section 1 of Chapter 59 of the Statutes of 2011, is
amended to read:
   361.5.  (a) Except as provided in subdivision (b), or when the
parent has voluntarily relinquished the child and the relinquishment
has been filed with the State Department of Social Services, or upon
the establishment of an order of guardianship pursuant to Section
360, whenever a child is removed from a parent's or guardian's
custody, the juvenile court shall order the social worker to provide
child welfare services to the child and the child's mother and
statutorily presumed father or guardians. Upon a finding and
declaration of paternity by the juvenile court or proof of a prior
declaration of paternity by any court of competent jurisdiction, the
juvenile court may order services for the child and the biological
father, if the court determines that the services will benefit the
child.
   (1) Family reunification services, when provided, shall be
provided as follows:
   (A) Except as otherwise provided in subparagraph (C), for a child
who, on the date of initial removal from the physical custody of his
or her parent or guardian, was three years of age or older,
court-ordered services shall be provided beginning with the
dispositional hearing and ending 12 months after the date the child
entered foster care as defined in Section 361.49, unless the child is
returned to the home of the parent or guardian.
   (B) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was under three
years of age, court-ordered services shall be provided for a period
of six months from the dispositional hearing as provided in
subdivision (e) of Section 366.21, but no longer than 12 months from
the date the child entered foster care as defined in Section 361.49
unless the child is returned to the home of the parent or guardian.
   (C) For the purpose of placing and maintaining a sibling group
together in a permanent home should reunification efforts fail, for a
child in a sibling group whose members were removed from parental
custody at the same time, and in which one member of the sibling
group was under three years of age on the date of initial removal
from the physical custody of his or her parent or guardian,
court-ordered services for some or all of the sibling group may be
limited as set forth in subparagraph (B). For the purposes of this
paragraph, "a sibling group" shall mean two or more children who are
related to each other as full or half siblings.
   (2) Any motion to terminate court-ordered reunification services
prior to the hearing set pursuant to subdivision (f) of Section
366.21 for a child described by subparagraph (A) of paragraph (1), or
prior to the hearing set pursuant to subdivision (e) of Section
366.21 for a child described by subparagraph (B) or (C) of paragraph
(1), shall be made pursuant to the requirements set forth in
subdivision (c) of Section 388. A motion to terminate court-ordered
reunification services shall not be required at the hearing set
pursuant to subdivision (e) of Section 366.21 if the court finds by
clear and convincing evidence one of the following:
   (A) That the child was removed initially under subdivision (g) of
Section 300 and the whereabouts of the parent are still unknown.
   (B) That the parent has failed to contact and visit the child.
   (C) That the parent has been convicted of a felony indicating
parental unfitness.
   (3) Notwithstanding subparagraphs (A), (B), and (C) of paragraph
(1), court-ordered services may be extended up to a maximum time
period not to exceed 18 months after the date the child was
originally removed from physical custody of his or her parent or
guardian if it can be shown, at the hearing held pursuant to
subdivision (f) of Section 366.21, that the permanent plan for the
child is that he or she will be returned and safely maintained in the
home within the extended time period. The court shall extend the
time period only if it finds that there is a substantial probability
that the child will be returned to the physical custody of his or her
parent or guardian within the extended time period or that
reasonable services have not been provided to the parent or guardian.
In determining whether court-ordered services may be extended, the
court shall consider the special circumstances of an incarcerated or
institutionalized parent or parents, or parent or parents
court-ordered to a residential substance abuse treatment program,
including, but not limited to, barriers to the parent's or guardian's
access to services and ability to maintain contact with his or her
child. The court shall also consider, among other factors, good faith
efforts that the parent or guardian has made to maintain contact
with the child. If the court extends the time period, the court shall
specify the factual basis for its conclusion that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period. The court also shall make findings pursuant to
subdivision (a) of Section 366 and subdivision (e) of Section 358.1.
   When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
unless the parent's or guardian's participation is deemed by the
court to be inappropriate or potentially detrimental to the child, or
unless a parent or guardian is incarcerated and the corrections
facility in which he or she is incarcerated does not provide access
to the treatment services ordered by the court. Physical custody of
the child by the parents or guardians during the applicable time
period under subparagraph (A), (B), or (C) of paragraph (1) shall not
serve to interrupt the running of the period. If at the end of the
applicable time period, a child cannot be safely returned to the care
and custody of a parent or guardian without court supervision, but
the child clearly desires contact with the parent or guardian, the
court shall take the child's desire into account in devising a
permanency plan.
   In cases where the child was under three years of age on the date
of the initial removal from the physical custody of his or her parent
or guardian or is a member of a sibling group as described in
subparagraph (C) of paragraph (1), the court shall inform the parent
or guardian that the failure of the parent or guardian to participate
regularly in any court-ordered treatment programs or to cooperate or
avail himself or herself of services provided as part of the child
welfare services case plan may result in a termination of efforts to
reunify the family after six months. The court shall inform the
parent or guardian of the factors used in subdivision (e) of Section
366.21 to determine whether to limit services to six months for some
or all members of a sibling group as described in subparagraph (C) of
paragraph (1).
   (4) Notwithstanding paragraph (3), court-ordered services may be
extended up to a maximum time period not to exceed 24 months after
the date the child was originally removed from physical custody of
his or her parent or guardian if it is shown, at the hearing held
pursuant to subdivision (b) of Section 366.22, that the permanent
plan for the child is that he or she will be returned and safely
maintained in the home within the extended time period. The court
shall extend the time period only if it finds that it is in the child'
s best interest to have the time period extended and that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian who is described in
subdivision (b) of Section 366.22 within the extended time period,
or that reasonable services have not been provided to the parent or
guardian. If the court extends the time period, the court shall
specify the factual basis for its conclusion that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period. The court also shall make findings pursuant to
subdivision (a) of Section 366 and subdivision (e) of Section 358.1.
   When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
in order for substantial probability to be found. Physical custody
of the child by the parents or guardians during the applicable time
period under subparagraph (A), (B), or (C) of paragraph (1) shall not
serve to interrupt the running of the period. If at the end of the
applicable time period, the child cannot be safely returned to the
care and custody of a parent or guardian without court supervision,
but the child clearly desires contact with the parent or guardian,
the court shall take the child's desire into account in devising a
permanency plan.
   Except in cases where, pursuant to subdivision (b), the court does
not order reunification services, the court shall inform the parent
or parents of Section 366.26 and shall specify that the parent's or
parents' parental rights may be terminated.
   (b) Reunification services need not be provided to a parent or
guardian described in this subdivision when the court finds, by clear
and convincing evidence, any of the following:
   (1) That the whereabouts of the parent or guardian is unknown. A
finding pursuant to this paragraph shall be supported by an affidavit
or by proof that a reasonably diligent search has failed to locate
the parent or guardian. The posting or publication of notices is not
required in that search.
   (2) That the parent or guardian is suffering from a mental
disability that is described in Chapter 2 (commencing with Section
7820) of Part 4 of Division 12 of the Family Code and that renders
him or her incapable of utilizing those services.
   (3) That the child or a sibling of the child has been previously
adjudicated a dependent pursuant to any subdivision of Section 300 as
a result of physical or sexual abuse, that following that
adjudication the child had been removed from the custody of his or
her parent or guardian pursuant to Section 361, that the child has
been returned to the custody of the parent or guardian from whom the
child had been taken originally, and that the child is being removed
pursuant to Section 361, due to additional physical or sexual abuse.
   (4) That the parent or guardian of the child has caused the death
of another child through abuse or neglect.
   (5) That the child was brought within the jurisdiction of the
court under subdivision (e) of Section 300 because of the conduct of
that parent or guardian.
   (6) That the child has been adjudicated a dependent pursuant to
any subdivision of Section 300 as a result of severe sexual abuse or
the infliction of severe physical harm to the child, a sibling, or a
half sibling by a parent or guardian, as defined in this subdivision,
and the court makes a factual finding that it would not benefit the
child to pursue reunification services with the offending parent or
guardian.
   A finding of severe sexual abuse, for the purposes of this
subdivision, may be based on, but is not limited to, sexual
intercourse, or stimulation involving genital-genital, oral-genital,
anal-genital, or oral-anal contact, whether between the parent or
guardian and the child or a sibling or half sibling of the child, or
between the child or a sibling or half sibling of the child and
another person or animal with the actual or implied consent of the
parent or guardian; or the penetration or manipulation of the child'
s, sibling's, or half sibling's genital organs or rectum by any
animate or inanimate object for the sexual gratification of the
parent or guardian, or for the sexual gratification of another person
with the actual or implied consent of the parent or guardian.
   A finding of the infliction of severe physical harm, for the
purposes of this subdivision, may be based on, but is not limited to,
deliberate and serious injury inflicted to or on a child's body or
the body of a sibling or half sibling of the child by an act or
omission of the parent or guardian, or of another individual or
animal with the consent of the parent or guardian; deliberate and
torturous confinement of the child, sibling, or half sibling in a
closed space; or any other torturous act or omission that would be
reasonably understood to cause serious emotional damage.
   (7) That the parent is not receiving reunification services for a
sibling or a half sibling of the child pursuant to paragraph (3),
(5), or (6).
   (8) That the child was conceived by means of the commission of an
offense listed in Section 288 or 288.5 of the Penal Code, or by an
act committed outside of this state that, if committed in this state,
would constitute one of those offenses. This paragraph only applies
to the parent who committed the offense or act.
   (9) That the child has been found to be a child described in
subdivision (g) of Section 300; that the parent or guardian of the
child willfully abandoned the child, and the court finds that the
abandonment itself constituted a serious danger to the child; or that
the parent or other person having custody of the child voluntarily
surrendered physical custody of the child pursuant to Section 1255.7
of the Health and Safety Code. For the purposes of this paragraph,
"serious danger" means that without the intervention of another
person or agency, the child would have sustained severe or permanent
disability, injury, illness, or death. For purposes of this
paragraph, "willful abandonment" shall not be construed as actions
taken in good faith by the parent without the intent of placing the
child in serious danger.
   (10) That the court ordered termination of reunification services
for any siblings or half siblings of the child because the parent or
guardian failed to reunify with the sibling or half sibling after the
sibling or half sibling had been removed from that parent or
guardian pursuant to Section 361 and that parent or guardian is the
same parent or guardian described in subdivision (a) and that,
according to the findings of the court, this parent or guardian has
not subsequently made a reasonable effort to treat the problems that
led to removal of the sibling or half sibling of that child from that
parent or guardian.
   (11) That the parental rights of a parent over any sibling or half
sibling of the child had been permanently severed, and this parent
is the same parent described in subdivision (a), and that, according
to the findings of the court, this parent has not subsequently made a
reasonable effort to treat the problems that led to removal of the
sibling or half sibling of that child from the parent.
   (12) That the parent or guardian of the child has been convicted
of a violent felony, as defined in subdivision (c) of Section 667.5
of the Penal Code.
   (13) That the parent or guardian of the child has a history of
extensive, abusive, and chronic use of drugs or alcohol and has
resisted prior court-ordered treatment for this problem during a
three-year period immediately prior to the filing of the petition
that brought that child to the court's attention, or has failed or
refused to comply with a program of drug or alcohol treatment
described in the case plan required by Section 358.1 on at least two
prior occasions, even though the programs identified were available
and accessible.
   (14) That the parent or guardian of the child has advised the
court that he or she is not interested in receiving family
maintenance or family reunification services or having the child
returned to or placed in his or her custody and does not wish to
receive family maintenance or reunification services.
   The parent or guardian shall be represented by counsel and shall
execute a waiver of services form to be adopted by the Judicial
Council. The court shall advise the parent or guardian of any right
to services and of the possible consequences of a waiver of services,
including the termination of parental rights and placement of the
child for adoption. The court shall not accept the waiver of services
unless it states on the record its finding that the parent or
guardian has knowingly and intelligently waived the right to
services.
   (15) That the parent or guardian has on one or more occasions
willfully abducted the child or child's sibling or half sibling from
his or her placement and refused to disclose the child's or child's
sibling's or half sibling's whereabouts, refused to return physical
custody of the child or child's sibling or half sibling to his or her
placement, or refused to return physical custody of the child or
child's sibling or half sibling to the social worker.
   (c) In deciding whether to order reunification in any case in
which this section applies, the court shall hold a dispositional
hearing. The social worker shall prepare a report that discusses
whether reunification services shall be provided. When it is alleged,
pursuant to paragraph (2) of subdivision (b), that the parent is
incapable of utilizing services due to mental disability, the court
shall order reunification services unless competent evidence from
mental health professionals establishes that, even with the provision
of services, the parent is unlikely to be capable of adequately
caring for the child within the time limits specified in subdivision
(a).
   The court shall not order reunification for a parent or guardian
described in paragraph (3), (4), (6), (7), (8), (9), (10), (11),
(12), (13), (14), or (15) of subdivision (b) unless the court finds,
by clear and convincing evidence, that reunification is in the best
interest of the child.
   In addition, the court shall not order reunification in any
situation described in paragraph (5) of subdivision (b) unless it
finds that, based on competent testimony, those services are likely
to prevent reabuse or continued neglect of the child or that failure
to try reunification will be detrimental to the child because the
child is closely and positively attached to that parent. The social
worker shall investigate the circumstances leading to the removal of
the child and advise the court whether there are circumstances that
indicate that reunification is likely to be successful or
unsuccessful and whether failure to order reunification is likely to
be detrimental to the child.
   The failure of the parent to respond to previous services, the
fact that the child was abused while the parent was under the
influence of drugs or alcohol, a past history of violent behavior, or
testimony by a competent professional that the parent's behavior is
unlikely to be changed by services are among the factors indicating
that reunification services are unlikely to be successful. The fact
that a parent or guardian is no longer living with an individual who
severely abused the child may be considered in deciding that
reunification services are likely to be successful, provided that the
court shall consider any pattern of behavior on the part of the
parent that has exposed the child to repeated abuse.
   (d) If reunification services are not ordered pursuant to
paragraph (1) of subdivision (b) and the whereabouts of a parent
become known within six months of the out-of-home placement of the
child, the court shall order the social worker to provide family
reunification services in accordance with this subdivision.
   (e) (1) If the parent or guardian is incarcerated or
institutionalized, the court shall order reasonable services unless
the court determines, by clear and convincing evidence, those
services would be detrimental to the child. In determining detriment,
the court shall consider the age of the child, the degree of
parent-child bonding, the length of the sentence, the length and
nature of the treatment, the nature of the crime or illness, the
degree of detriment to the child if services are not offered and, for
children 10 years of age or older, the child's attitude toward the
implementation of family reunification services, the likelihood of
the parent's discharge from incarceration or institutionalization
within the reunification time limitations described in subdivision
(a), and any other appropriate factors. In determining the content of
reasonable services, the court shall consider the particular
barriers to an incarcerated or otherwise institutionalized parent's
access to those court-mandated services and ability to maintain
contact with his or her child, and shall document this information in
the child's case plan. Reunification services are subject to the
applicable time limitations imposed in subdivision (a). Services may
include, but shall not be limited to, all of the following:
   (A) Maintaining contact between the parent and child through
collect telephone calls.
   (B) Transportation services, where appropriate.
   (C) Visitation services, where appropriate.
   (D) Reasonable services to extended family members or foster
parents providing care for the child if the services are not
detrimental to the child.
   An incarcerated parent may be required to attend counseling,
parenting classes, or vocational training programs as part of the
reunification service plan if actual access to these services is
provided. The social worker shall document in the child's case plan
the particular barriers to an incarcerated or institutionalized
parent's access to those court-mandated services and ability to
maintain contact with his or her child.
   (2) The presiding judge of the juvenile court of each county may
convene representatives of the county welfare department, the sheriff'
s department, and other appropriate entities for the purpose of
developing and entering into protocols for ensuring the notification,
transportation, and presence of an incarcerated or institutionalized
parent at all court hearings involving proceedings affecting the
child pursuant to Section 2625 of the Penal Code. The county welfare
department shall utilize the prisoner locator system developed by the
Department of Corrections and Rehabilitation to facilitate timely
and effective notice of hearings for incarcerated parents.
   (3) Notwithstanding any other provision of law, if the
incarcerated parent is a woman seeking to participate in the
community treatment program operated by the Department of Corrections
and Rehabilitation pursuant to Chapter 4.8 (commencing with Section
1174) of Title 7 of Part 2 of, Chapter 4 (commencing with Section
3410) of Title 2 of Part 3 of, the Penal Code, the court shall
determine whether the parent's participation in a program is in the
child's best interest and whether it is suitable to meet the needs of
the parent and child.
   (f) If the court, pursuant to paragraph (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (13), (14), or (15) of subdivision
(b) or paragraph (1) of subdivision (e), does not order reunification
services, it shall, at the dispositional hearing, that shall include
a permanency hearing, determine if a hearing under Section 366.26
shall be set in order to determine whether adoption, guardianship, or
long-term foster care, or in the case of an Indian child, in
consultation with the child's tribe, tribal customary adoption, is
the most appropriate plan for the child, and shall consider in-state
and out-of-state placement options. If the court so determines, it
shall conduct the hearing pursuant to Section 366.26 within 120 days
after the dispositional hearing. However, the court shall not
schedule a hearing so long as the other parent is being provided
reunification services pursuant to subdivision (a). The court may
continue to permit the parent to visit the child unless it finds that
visitation would be detrimental to the child.
   (g) (1) Whenever a court orders that a hearing shall be held
pursuant to Section 366.26, including, when, in consultation with the
child's tribe, tribal customary adoption is recommended, it shall
direct the agency supervising the child and the county adoption
agency, or the State Department
    of Social Services when it is acting as an adoption agency, to
prepare an assessment that shall include:
   (A) Current search efforts for an absent parent or parents and
notification of a noncustodial parent in the manner provided for in
Section 291.
   (B) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purpose of this subparagraph shall include,
but not be limited to, the child's siblings, grandparents, aunts,
and uncles.
   (C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, including a
prospective tribal customary adoptive parent, particularly the
caretaker, to include a social history, including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship. If a proposed guardian is a relative of the minor, the
assessment shall also consider, but need not be limited to, all of
the factors specified in subdivision (a) of Section 361.3 and in
Section 361.4. As used in this subparagraph, "relative" means an
adult who is related to the minor by blood, adoption, or affinity
within the fifth degree of kinship, including stepparents,
stepsiblings, and all relatives whose status is preceded by the words
"great," "great-great," or "grand," or the spouse of any of those
persons even if the marriage was terminated by death or dissolution.
   (E) The relationship of the child to any identified prospective
adoptive parent or guardian, including a prospective tribal customary
parent, the duration and character of the relationship, the degree
of attachment of the child to the prospective relative guardian or
adoptive parent, the relative's or adoptive parent's strong
commitment to caring permanently for the child, the motivation for
seeking adoption or guardianship, a statement from the child
concerning placement and the adoption or guardianship, and whether
the child over 12 years of age has been consulted about the proposed
relative guardianship arrangements, unless the child's age or
physical, emotional, or other condition precludes his or her
meaningful response, and if so, a description of the condition.
   (F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (G) In the case of an Indian child, in addition to subparagraphs
(A) to (F), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child's tribe, a
tribal customary adoption, as defined in Section 366.24, is
recommended. If tribal customary adoption is recommended, the
assessment shall include an analysis of both of the following:
   (i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.
   (ii) Whether the Indian child cannot or should not be returned to
the home of the Indian parent or Indian custodian and the reasons for
reaching that conclusion.
   (2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
   (B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption.
   (h) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with an approved relative
caregiver and juvenile court dependency is subsequently dismissed,
the minor shall be eligible for aid under the Kin-GAP Program as
provided for in Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385) of Chapter 2, as
applicable.
   (i) In determining whether reunification services will benefit the
child pursuant to paragraph (6) or (7) of subdivision (b), the court
shall consider any information it deems relevant, including the
following factors:
   (1) The specific act or omission comprising the severe sexual
abuse or the severe physical harm inflicted on the child or the child'
s sibling or half sibling.
   (2) The circumstances under which the abuse or harm was inflicted
on the child or the child's sibling or half sibling.
   (3) The severity of the emotional trauma suffered by the child or
the child's sibling or half sibling.
   (4) Any history of abuse of other children by the offending parent
or guardian.
   (5) The likelihood that the child may be safely returned to the
care of the offending parent or guardian within 12 months with no
continuing supervision.
   (6) Whether or not the child desires to be reunified with the
offending parent or guardian.
   (j) When the court determines that reunification services will not
be ordered, it shall order that the child's caregiver receive the
child's birth certificate in accordance with Sections 16010.4 and
16010.5. Additionally, when the court determines that reunification
services will not be ordered, it shall order, when appropriate, that
a child who is 16 years of age or older receive his or her birth
certificate.
   (k) The court shall read into the record the basis for a finding
of severe sexual abuse or the infliction of severe physical harm
under paragraph (6) of subdivision (b), and shall also specify the
factual findings used to determine that the provision of
reunification services to the offending parent or guardian would not
benefit the child.
  SEC. 49.  Section 361.5 of the Welfare and Institutions Code, as
amended by Section 2 of Chapter 59 of the Statutes of 2011, is
repealed.
  SEC. 50.  Section 366.21 of the Welfare and Institutions Code, as
amended by Section 3 of Chapter 59 of the Statutes of 2011, is
amended to read:
   366.21.  (a) Every hearing conducted by the juvenile court
reviewing the status of a dependent child shall be placed on the
appearance calendar. The court shall advise all persons present at
the hearing of the date of the future hearing and of their right to
be present and represented by counsel.
   (b) Except as provided in Sections 294 and 295, notice of the
hearing shall be provided pursuant to Section 293.
   (c) At least 10 calendar days prior to the hearing, the social
worker shall file a supplemental report with the court regarding the
services provided or offered to the parent or legal guardian to
enable him or her to assume custody and the efforts made to achieve
legal permanence for the child if efforts to reunify fail, including,
but not limited to, efforts to maintain relationships between a
child who is 10 years of age or older and has been in out-of-home
placement for six months or longer and individuals who are important
to the child, consistent with the child's best interests; the
progress made; and, where relevant, the prognosis for return of the
child to the physical custody of his or her parent or legal guardian;
and shall make his or her recommendation for disposition. If the
child is a member of a sibling group described in subparagraph (C) of
paragraph (1) of subdivision (a) of Section 361.5, the report and
recommendation may also take into account those factors described in
subdivision (e) relating to the child's sibling group. If the
recommendation is not to return the child to a parent or legal
guardian, the report shall specify why the return of the child would
be detrimental to the child. The social worker shall provide the
parent or legal guardian, counsel for the child, and any
court-appointed child advocate with a copy of the report, including
his or her recommendation for disposition, at least 10 calendar days
prior to the hearing. In the case of a child removed from the
physical custody of his or her parent or legal guardian, the social
worker shall, at least 10 calendar days prior to the hearing, provide
a summary of his or her recommendation for disposition to any foster
parents, relative caregivers, and certified foster parents who have
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency or by a county adoption
agency, community care facility, or foster family agency having the
physical custody of the child. The social worker shall include a copy
of the Judicial Council Caregiver Information Form (JV-290) with the
summary of recommendations to the child's foster parents, relative
caregivers, or foster parents approved for adoption, in the caregiver'
s primary language when available, along with information on how to
file the form with the court.
   (d) Prior to any hearing involving a child in the physical custody
of a community care facility or a foster family agency that may
result in the return of the child to the physical custody of his or
her parent or legal guardian, or in adoption or the creation of a
legal guardianship, or in the case of an Indian child, in
consultation with the child's tribe, tribal customary adoption, the
facility or agency shall file with the court a report, or a Judicial
Council Caregiver Information Form (JV-290), containing its
recommendation for disposition. Prior to the hearing involving a
child in the physical custody of a foster parent, a relative
caregiver, or a certified foster parent who has been approved for
adoption by the State Department of Social Services when it is acting
as an adoption agency or by a county adoption agency, the foster
parent, relative caregiver, or the certified foster parent who has
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency or by a county adoption
agency, may file with the court a report containing his or her
recommendation for disposition. The court shall consider the report
and recommendation filed pursuant to this subdivision prior to
determining any disposition.
   (e) At the review hearing held six months after the initial
dispositional hearing, but no later than 12 months after the date the
child entered foster care as determined in Section 361.49, whichever
occurs earlier, the court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the hearing, the court
shall consider the criminal history, obtained pursuant to paragraph
(1) of subdivision (f) of Section 16504.5, of the parent or legal
guardian subsequent to the child's removal to the extent that the
criminal record is substantially related to the welfare of the child
or the parent's or guardian's ability to exercise custody and control
regarding his or her child, provided the parent or legal guardian
agreed to submit fingerprint images to obtain criminal history
information as part of the case plan. The failure of the parent or
legal guardian to participate regularly and make substantive progress
in court-ordered treatment programs shall be prima facie evidence
that return would be detrimental. In making its determination, the
court shall review and consider the social worker's report and
recommendations and the report and recommendations of any child
advocate appointed pursuant to Section 356.5; and shall consider the
efforts or progress, or both, demonstrated by the parent or legal
guardian and the extent to which he or she availed himself or herself
to services provided, taking into account the particular barriers to
an incarcerated or institutionalized parent or legal guardian's
access to those court-mandated services and ability to maintain
contact with his or her child.
   Regardless of whether the child is returned to a parent or legal
guardian, the court shall specify the factual basis for its
conclusion that the return would be detrimental or would not be
detrimental. The court also shall make appropriate findings pursuant
to subdivision (a) of Section 366; and, where relevant, shall order
any additional services reasonably believed to facilitate the return
of the child to the custody of his or her parent or legal guardian.
The court shall also inform the parent or legal guardian that if the
child cannot be returned home by the 12-month permanency hearing, a
proceeding pursuant to Section 366.26 may be instituted. This section
does not apply in a case where, pursuant to Section 361.5, the court
has ordered that reunification services shall not be provided.
   If the child was under three years of age on the date of the
initial removal, or is a member of a sibling group described in
subparagraph (C) of paragraph (1) of subdivision (a) of Section
361.5, and the court finds by clear and convincing evidence that the
parent failed to participate regularly and make substantive progress
in a court-ordered treatment plan, the court may schedule a hearing
pursuant to Section 366.26 within 120 days. If, however, the court
finds there is a substantial probability that the child, who was
under three years of age on the date of initial removal or is a
member of a sibling group described in subparagraph (C) of paragraph
(1) of subdivision (a) of Section 361.5, may be returned to his or
her parent or legal guardian within six months or that reasonable
services have not been provided, the court shall continue the case to
the 12-month permanency hearing.
   For the purpose of placing and maintaining a sibling group
together in a permanent home, the court, in making its determination
to schedule a hearing pursuant to Section 366.26 for some or all
members of a sibling group, as described in subparagraph (C) of
paragraph (1) of subdivision (a) of Section 361.5, shall review and
consider the social worker's report and recommendations. Factors the
report shall address, and the court shall consider, may include, but
need not be limited to, whether the sibling group was removed from
parental care as a group, the closeness and strength of the sibling
bond, the ages of the siblings, the appropriateness of maintaining
the sibling group together, the detriment to the child if sibling
ties are not maintained, the likelihood of finding a permanent home
for the sibling group, whether the sibling group is currently placed
together in a preadoptive home or has a concurrent plan goal of legal
permanency in the same home, the wishes of each child whose age and
physical and emotional condition permits a meaningful response, and
the best interest of each child in the sibling group. The court shall
specify the factual basis for its finding that it is in the best
interest of each child to schedule a hearing pursuant to Section
366.26 in 120 days for some or all of the members of the sibling
group.
   If the child was removed initially under subdivision (g) of
Section 300 and the court finds by clear and convincing evidence that
the whereabouts of the parent are still unknown, or the parent has
failed to contact and visit the child, the court may schedule a
hearing pursuant to Section 366.26 within 120 days. The court shall
take into account any particular barriers to a parent's ability to
maintain contact with his or her child due to the parent's
incarceration or institutionalization. If the court finds by clear
and convincing evidence that the parent has been convicted of a
felony indicating parental unfitness, the court may schedule a
hearing pursuant to Section 366.26 within 120 days.
   If the child had been placed under court supervision with a
previously noncustodial parent pursuant to Section 361.2, the court
shall determine whether supervision is still necessary. The court may
terminate supervision and transfer permanent custody to that parent,
as provided for by paragraph (1) of subdivision (b) of Section
361.2.
   In all other cases, the court shall direct that any reunification
services previously ordered shall continue to be offered to the
parent or legal guardian pursuant to the time periods set forth in
subdivision (a) of Section 361.5, provided that the court may modify
the terms and conditions of those services.
   If the child is not returned to his or her parent or legal
guardian, the court shall determine whether reasonable services that
were designed to aid the parent or legal guardian in overcoming the
problems that led to the initial removal and the continued custody of
the child have been provided or offered to the parent or legal
guardian. The court shall order that those services be initiated,
continued, or terminated.
   (f) The permanency hearing shall be held no later than 12 months
after the date the child entered foster care, as that date is
determined pursuant to Section 361.49. At the permanency hearing, the
court shall determine the permanent plan for the child, which shall
include a determination of whether the child will be returned to the
child's home and, if so, when, within the time limits of subdivision
(a) of Section 361.5. The court shall order the return of the child
to the physical custody of his or her parent or legal guardian unless
the court finds, by a preponderance of the evidence, that the return
of the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the permanency hearing,
the court shall consider the criminal history, obtained pursuant to
paragraph (1) of subdivision (f) of Section 16504.5, of the parent or
legal guardian subsequent to the child's removal to the extent that
the criminal record is substantially related to the welfare of the
child or the parent or legal guardian's ability to exercise custody
and control regarding his or her child, provided that the parent or
legal guardian agreed to submit fingerprint images to obtain criminal
history information as part of the case plan. The court shall also
determine whether reasonable services that were designed to aid the
parent or legal guardian to overcome the problems that led to the
initial removal and continued custody of the child have been provided
or offered to the parent or legal guardian. For each youth 16 years
of age and older, the court shall also determine whether services
have been made available to assist him or her in making the
transition from foster care to independent living. The failure of the
parent or legal guardian to participate regularly and make
substantive progress in court-ordered treatment programs shall be
prima facie evidence that return would be detrimental. In making its
determination, the court shall review and consider the social worker'
s report and recommendations and the report and recommendations of
any child advocate appointed pursuant to Section 356.5, shall
consider the efforts or progress, or both, demonstrated by the parent
or legal guardian and the extent to which he or she availed himself
or herself of services provided, taking into account the particular
barriers to an incarcerated or institutionalized parent or legal
guardian's access to those court-mandated services and ability to
maintain contact with his or her child and shall make appropriate
findings pursuant to subdivision (a) of Section 366.
   Regardless of whether the child is returned to his or her parent
or legal guardian, the court shall specify the factual basis for its
decision. If the child is not returned to a parent or legal guardian,
the court shall specify the factual basis for its conclusion that
the return would be detrimental. The court also shall make a finding
pursuant to subdivision (a) of Section 366. If the child is not
returned to his or her parent or legal guardian, the court shall
consider, and state for the record, in-state and out-of-state
placement options. If the child is placed out of the state, the court
shall make a determination whether the out-of-state placement
continues to be appropriate and in the best interests of the child.
   (g) If the time period in which the court-ordered services were
provided has met or exceeded the time period set forth in
subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) of
Section 361.5, as appropriate, and a child is not returned to the
custody of a parent or legal guardian at the permanency hearing held
pursuant to subdivision (f), the court shall do one of the following:

   (1) Continue the case for up to six months for a permanency review
hearing, provided that the hearing shall occur within 18 months of
the date the child was originally taken from the physical custody of
his or her parent or legal guardian. The court shall continue the
case only if it finds that there is a substantial probability that
the child will be returned to the physical custody of his or her
parent or legal guardian and safely maintained in the home within the
extended period of time or that reasonable services have not been
provided to the parent or legal guardian. For the purposes of this
section, in order to find a substantial probability that the child
will be returned to the physical custody of his or her parent or
legal guardian and safely maintained in the home within the extended
period of time, the court shall be required to find all of the
following:
   (A) That the parent or legal guardian has consistently and
regularly contacted and visited with the child.
   (B) That the parent or legal guardian has made significant
progress in resolving problems that led to the child's removal from
the home.
   (C) The parent or legal guardian has demonstrated the capacity and
ability both to complete the objectives of his or her treatment plan
and to provide for the child's safety, protection, physical and
emotional well-being, and special needs.
   For purposes of this subdivision, the court's decision to continue
the case based on a finding or substantial probability that the
child will be returned to the physical custody of his or her parent
or legal guardian is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interests
of the child.
   The court shall inform the parent or legal guardian that if the
child cannot be returned home by the next permanency review hearing,
a proceeding pursuant to Section 366.26 may be instituted. The court
may not order that a hearing pursuant to Section 366.26 be held
unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
   (2) Order that a hearing be held within 120 days, pursuant to
Section 366.26, but only if the court does not continue the case to
the permanency planning review hearing and there is clear and
convincing evidence that reasonable services have been provided or
offered to the parents or legal guardians. On and after January 1,
2012, a hearing pursuant to Section 366.26 shall not be ordered if
the child is a nonminor dependent.
   (3) Order that the child remain in long-term foster care, but only
if the court finds by clear and convincing evidence, based upon the
evidence already presented to it, including a recommendation by the
State Department of Social Services when it is acting as an adoption
agency or by a county adoption agency, that there is a compelling
reason for determining that a hearing held pursuant to Section 366.26
is not in the best interest of the child because the child is not a
proper subject for adoption and has no one willing to accept legal
guardianship. For purposes of this section, a recommendation by the
State Department of Social Services when it is acting as an adoption
agency or by a county adoption agency that adoption is not in the
best interest of the child shall constitute a compelling reason for
the court's determination. That recommendation shall be based on the
present circumstances of the child and shall not preclude a different
recommendation at a later date if the child's circumstances change.
On and after January 1, 2012, the nonminor dependent's legal status
as an adult is in and of itself a compelling reason not to hold a
hearing pursuant to Section 366.26. The court may order that a
nonminor dependent who otherwise is eligible pursuant to Section
11403 remain in a planned, permanent living arrangement.
   If the court orders that a child who is 10 years of age or older
remain in long-term foster care, the court shall determine whether
the agency has made reasonable efforts to maintain the child's
relationships with individuals other than the child's siblings who
are important to the child, consistent with the child's best
interests, and may make any appropriate order to ensure that those
relationships are maintained.
   If the child is not returned to his or her parent or legal
guardian, the court shall consider, and state for the record,
in-state and out-of-state options for permanent placement. If the
child is placed out of the state, the court shall make a
determination whether the out-of-state placement continues to be
appropriate and in the best interests of the child.
   (h) In any case in which the court orders that a hearing pursuant
to Section 366.26 shall be held, it shall also order the termination
of reunification services to the parent or legal guardian. The court
shall continue to permit the parent or legal guardian to visit the
child pending the hearing unless it finds that visitation would be
detrimental to the child. The court shall make any other appropriate
orders to enable the child to maintain relationships with
individuals, other than the child's siblings, who are important to
the child, consistent with the child's best interests. When the court
orders a termination of reunification services to the parent or
legal guardian, it shall also order that the child's caregiver
receive the child's birth certificate in accordance with Sections
16010.4 and 16010.5. Additionally, when the court orders a
termination of reunification services to the parent of legal
guardian, it shall order, when appropriate, that a child who is 16
years of age or older receive his or her birth certificate.
                                    (i) (1) Whenever a court orders
that a hearing pursuant to Section 366.26, including, when, in
consultation with the child's tribe, tribal customary adoption is
recommended, shall be held, it shall direct the agency supervising
the child and the county adoption agency, or the State Department of
Social Services when it is acting as an adoption agency, to prepare
an assessment that shall include:
   (A) Current search efforts for an absent parent or parents or
legal guardians.
   (B) A review of the amount of and nature of any contact between
the child and his or her parents or legal guardians and other members
of his or her extended family since the time of placement. Although
the extended family of each child shall be reviewed on a case-by-case
basis, "extended family" for the purpose of this subparagraph shall
include, but not be limited to, the child's siblings, grandparents,
aunts, and uncles.
   (C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
including the prospective tribal customary adoptive parent,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed guardian is a relative of
the minor, the assessment shall also consider, but need not be
limited to, all of the factors specified in subdivision (a) of
Section 361.3 and in Section 361.4.
   (E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or guardianship, a
statement from the child concerning placement and the adoption or
guardianship, and whether the child, if over 12 years of age, has
been consulted about the proposed relative guardianship arrangements,
unless the child's age or physical, emotional, or other condition
precludes his or her meaningful response, and if so, a description of
the condition.
   (F) A description of efforts to be made to identify a prospective
adoptive parent or legal guardian, including, but not limited to,
child-specific recruitment and listing on an adoption exchange within
the state or out of the state.
   (G) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (H) In the case of an Indian child, in addition to subparagraphs
(A) to (G), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child's tribe, a
customary tribal adoption, as defined in Section 366.24, is
recommended. If tribal customary adoption is recommended, the
assessment shall include an analysis of both of the following:
   (i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.
   (ii) Whether the Indian child cannot or should not be returned to
the home of the Indian parent or Indian custodian and the reasons for
reaching that conclusion.
   (2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
   (B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption.
   (j) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with an approved relative
caregiver, and juvenile court dependency is subsequently dismissed,
the minor shall be eligible for aid under the Kin-GAP Program, as
provided for in Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385), as applicable, of
Chapter 2 of Part 3 of Division 9.
   (k) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
   (l) For purposes of this section, evidence of any of the following
circumstances may not, in and of itself, be deemed a failure to
provide or offer reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.
   (2) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
   (3) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
   (m) The implementation and operation of the amendments to
subdivisions (c) and (g) enacted at the 2005-06 Regular Session shall
be subject to appropriation through the budget process and by phase,
as provided in Section 366.35.
  SEC. 51.  Section 366.21 of the Welfare and Institutions Code, as
amended by Section 4 of Chapter 59 of the Statutes of 2011, is
repealed.
  SEC. 52.  Section 366.22 of the Welfare and Institutions Code, as
amended by Section 18 of Chapter 559 of the Statutes of 2010, is
amended to read:
   366.22.  (a) When a case has been continued pursuant to paragraph
(1) of subdivision (g) of Section 366.21, the permanency review
hearing shall occur within 18 months after the date the child was
originally removed from the physical custody of his or her parent or
legal guardian. The court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the permanency review
hearing, the court shall consider the criminal history, obtained
pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of
the parent or legal guardian subsequent to the child's removal, to
the extent that the criminal record is substantially related to the
welfare of the child or the parent's or legal guardian's ability to
exercise custody and control regarding his or her child, provided
that the parent or legal guardian agreed to submit fingerprint images
to obtain criminal history information as part of the case plan. The
failure of the parent or legal guardian to participate regularly and
make substantive progress in court-ordered treatment programs shall
be prima facie evidence that return would be detrimental. In making
its determination, the court shall review and consider the social
worker's report and recommendations and the report and
recommendations of any child advocate appointed pursuant to Section
356.5; shall consider the efforts or progress, or both, demonstrated
by the parent or legal guardian and the extent to which he or she
availed himself or herself of services provided, taking into account
the particular barriers of an incarcerated or institutionalized
parent or legal guardian's access to those court-mandated services
and ability to maintain contact with his or her child; and shall make
appropriate findings pursuant to subdivision (a) of Section 366.
   Whether or not the child is returned to his or her parent or legal
guardian, the court shall specify the factual basis for its
decision. If the child is not returned to a parent or legal guardian,
the court shall specify the factual basis for its conclusion that
return would be detrimental. If the child is not returned to his or
her parent or legal guardian, the court shall consider, and state for
the record, in-state and out-of-state options for the child's
permanent placement. If the child is placed out of the state, the
court shall make a determination whether the out-of-state placement
continues to be appropriate and in the best interests of the child.
   Unless the conditions in subdivision (b) are met and the child is
not returned to a parent or legal guardian at the permanency review
hearing, the court shall order that a hearing be held pursuant to
Section 366.26 in order to determine whether adoption, or, in the
case of an Indian child, in consultation with the child's tribe,
tribal customary adoption, guardianship, or long-term foster care is
the most appropriate plan for the child. On and after January 1,
2012, a hearing pursuant to Section 366.26 shall not be ordered if
the child is a nonminor dependent. However, if the court finds by
clear and convincing evidence, based on the evidence already
presented to it, including a recommendation by the State Department
of Social Services when it is acting as an adoption agency or by a
county adoption agency, that there is a compelling reason, as
described in paragraph (3) of subdivision (g) of Section 366.21, for
determining that a hearing held under Section 366.26 is not in the
best interest of the child because the child is not a proper subject
for adoption and has no one willing to accept legal guardianship,
then the court may, only under these circumstances, order that the
child remain in long-term foster care. On and after January 1, 2012,
the nonminor dependent's legal status as an adult is in and of itself
a compelling reason not to hold a hearing pursuant to Section
366.26. The court may order that a nonminor dependent who otherwise
is eligible pursuant to Section 11403 remain in a planned, permanent
living arrangement. If the court orders that a child who is 10 years
of age or older remain in long-term foster care, the court shall
determine whether the agency has made reasonable efforts to maintain
the child's relationships with individuals other than the child's
siblings who are important to the child, consistent with the child's
best interests, and may make any appropriate order to ensure that
those relationships are maintained. The hearing shall be held no
later than 120 days from the date of the permanency review hearing.
The court shall also order termination of reunification services to
the parent or legal guardian. The court shall continue to permit the
parent or legal guardian to visit the child unless it finds that
visitation would be detrimental to the child. The court shall
determine whether reasonable services have been offered or provided
to the parent or legal guardian. For purposes of this subdivision,
evidence of any of the following circumstances shall not, in and of
themselves, be deemed a failure to provide or offer reasonable
services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.
   (2) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
   (3) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
   (b) If the child is not returned to a parent or legal guardian at
the permanency review hearing and the court determines by clear and
convincing evidence that the best interests of the child would be met
by the provision of additional reunification services to a parent or
legal guardian who is making significant and consistent progress in
a court-ordered residential substance abuse treatment program, or a
parent recently discharged from incarceration or institutionalization
and making significant and consistent progress in establishing a
safe home for the child's return, the court may continue the case for
up to six months for a subsequent permanency review hearing,
provided that the hearing shall occur within 24 months of the date
the child was originally taken from the physical custody of his or
her parent or legal guardian. The court shall continue the case only
if it finds that there is a substantial probability that the child
will be returned to the physical custody of his or her parent or
legal guardian and safely maintained in the home within the extended
period of time or that reasonable services have not been provided to
the parent or legal guardian. For the purposes of this section, in
order to find a substantial probability that the child will be
returned to the physical custody of his or her parent or legal
guardian and safely maintained in the home within the extended period
of time, the court shall be required to find all of the following:
   (1) That the parent or legal guardian has consistently and
regularly contacted and visited with the child.
   (2) That the parent or legal guardian has made significant and
consistent progress in the prior 18 months in resolving problems that
led to the child's removal from the home.
   (3) The parent or legal guardian has demonstrated the capacity and
ability both to complete the objectives of his or her substance
abuse treatment plan as evidenced by reports from a substance abuse
provider as applicable, or complete a treatment plan postdischarge
from incarceration or institutionalization, and to provide for the
child's safety, protection, physical and emotional well-being, and
special needs.
   For purposes of this subdivision, the court's decision to continue
the case based on a finding or substantial probability that the
child will be returned to the physical custody of his or her parent
or legal guardian is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interests
of the child.
   The court shall inform the parent or legal guardian that if the
child cannot be returned home by the subsequent permanency review
hearing, a proceeding pursuant to Section 366.26 may be instituted.
The court may not order that a hearing pursuant to Section 366.26 be
held unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
   (c) (1) Whenever a court orders that a hearing pursuant to Section
366.26, including when a tribal customary adoption is recommended,
shall be held, it shall direct the agency supervising the child and
the county adoption agency, or the State Department of Social
Services when it is acting as an adoption agency, to prepare an
assessment that shall include:
   (A) Current search efforts for an absent parent or parents.
   (B) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this subparagraph shall
include, but not be limited to, the child's siblings, grandparents,
aunts, and uncles.
   (C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (D)  A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed legal guardian is a
relative of the minor, the assessment shall also consider, but need
not be limited to, all of the factors specified in subdivision (a) of
Section 361.3 and Section 361.4.
   (E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or legal guardianship, a
statement from the child concerning placement and the adoption or
legal guardianship, and whether the child, if over 12 years of age,
has been consulted about the proposed relative guardianship
arrangements, unless the child's age or physical, emotional, or other
condition precludes his or her meaningful response, and if so, a
description of the condition.
   (F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (G) In the case of an Indian child, in addition to subparagraphs
(A) to (F), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child's tribe, a
tribal customary adoption, as defined in Section 366.24, is
recommended. If tribal customary adoption is recommended, the
assessment shall include an analysis of both of the following:
   (i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.
   (ii) Whether the Indian child cannot or should not be returned to
the home of the Indian parent or Indian custodian and the reasons for
reaching that conclusion.
   (2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
   (B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption.
   (d) This section shall become operative January 1, 1999. If at any
hearing held pursuant to Section 366.26, a legal guardianship is
established for the minor with an approved relative caregiver, and
juvenile court dependency is subsequently dismissed, the minor shall
be eligible for aid under the Kin-GAP Program, as provided for in
Article 4.5 (commencing with Section 11360) or Article 4.7
(commencing with Section 11385), as applicable, of Chapter 2 of Part
3 of Division 9.
   (e) As used in this section, "relative" means an adult who is
related to the child by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
   (f) The implementation and operation of the amendments to
subdivision (a) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
  SEC. 53.  Section 366.22 of the Welfare and Institutions Code, as
amended by Section 19 of Chapter 559 of the Statutes of 2010, is
repealed.
  SEC. 54.  Section 366.24 of the Welfare and Institutions Code is
amended to read:
   366.24.  (a) For purposes of this section, "tribal customary
adoption" means adoption by and through the tribal custom,
traditions, or law of an Indian child's tribe. Termination of
parental rights is not required to effect the tribal customary
adoption.
   (b) Whenever an assessment is ordered pursuant to Section 361.5,
366.21, 366.22, 366.25, or 366.26 for Indian children, the assessment
shall address the option of tribal customary adoption.
   (c) For purposes of Section 366.26, in the case of tribal
customary adoptions, all of the following apply:
   (1) The child's tribe or the tribe's designee shall conduct a
tribal customary adoptive home study prior to final approval of the
tribal customary adoptive placement.
   (A) If a tribal designee is conducting the home study, the
designee shall do so in consultation with the Indian child's tribe.
The designee may include a county adoption agency, the State
Department of Social Services when it is acting as an adoption
agency, or a California-licensed adoption agency. Any tribal designee
must be an entity that is authorized to request a search of the
Child Abuse Central Index and, if necessary, a check of any other
state's child abuse and neglect registry, and must be an entity that
is authorized to request a search for state and federal level
criminal offender records information through the Department of
Justice.
   (B) The standard for the evaluation of the prospective adoptive
parents' home shall be the prevailing social and cultural standard of
the child's tribe. The home study shall include an evaluation of the
background, safety, and health information of the adoptive home,
including the biological, psychological, and social factors of the
prospective adoptive parent or parents, and an assessment of the
commitment, capability, and suitability of the prospective adoptive
parent or parents to meet the child's needs.
   (2) In all cases, an in-state check of the Child Abuse Central
Index and, if necessary, a check of any other state's child abuse and
neglect registry shall be conducted. If the tribe chooses a designee
to conduct the home study, the designee shall perform a check of the
Child Abuse Central Index pursuant to Section 1522.1 of the Health
and Safety Code as it applies to prospective adoptive parents and
persons over 18 years of age residing in their household. If the
tribe conducts its own home study, the agency that has the placement
and care responsibility of the child shall perform the check.
   (3) (A) In all cases prior to final approval of the tribal
customary adoptive placement, a state and federal criminal background
check through the Department of Justice shall be conducted on the
prospective tribal customary adoptive parents and on persons over 18
years of age residing in their household.
   (B) If the tribe chooses a designee to conduct the home study, the
designee shall perform the state and federal criminal background
check required pursuant to subparagraph (A) through the Department of
Justice prior to final approval of the adoptive placement.
   (C) If the tribe conducts its own home study, the public adoption
agency that is otherwise authorized to obtain criminal background
information for the purpose of adoption shall perform the state and
federal criminal background check required pursuant to subparagraph
(A) through the Department of Justice prior to final approval of the
adoptive placement.
   (D) An individual who is the subject of a background check
conducted pursuant to this paragraph may be provided by the entity
performing the background check with a copy of his or her state or
federal level criminal offender record information search response as
provided to that entity by the Department of Justice if the entity
has denied a criminal background clearance based on this information
and the individual makes a written request to the entity for a copy
specifying an address to which it is to be sent. The state or federal
level criminal offender record information search response shall not
be modified or altered from its form or content as provided by the
Department of Justice and shall be provided to the address specified
by the individual in his or her written request. The entity shall
retain a copy of the individual's written request and the response
and date provided.
   (4) If federal or state law provides that tribes may conduct all
required background checks for prospective adoptive parents, the
tribally administered background checks shall satisfy the
requirements of this section, so long as the standards for the
background checks are the same as those applied to all other
prospective adoptive parents in the State of California.
   (5) Under no circumstances shall final approval be granted for an
adoptive placement in any home if the prospective adoptive parent or
any adult living in the prospective tribal customary adoptive home
has any of the following:
   (A) A felony conviction for child abuse or neglect, spousal abuse,
crimes against a child, including child pornography, or a crime
involving violence, including rape, sexual assault, or homicide, but
not including other physical assault and battery. For purposes of
this subdivision, crimes involving violence means those violent
crimes contained in clause (i) of subparagraph (A) and subparagraph
(B), or paragraph (1) of, subdivision (g) of Section 1522 of the
Health and Safety Code.
   (B) A felony conviction that occurred within the last five years
for physical assault, battery, or a drug-related offense.
   (6) If the tribe identifies tribal customary adoption as the
permanent placement plan for the Indian child, the court may continue
the selection and implementation hearing governed by Section 366.26
for a period not to exceed 120 days to permit the tribe to complete
the process for tribal customary adoption and file with the court a
tribal customary adoption order evidencing that a tribal customary
adoption has been completed. The tribe shall file with the court the
tribal customary adoption order no less than 20 days prior to the
date set by the court for the continued selection and implementation
hearing. The department shall file with the court the addendum
selection and implementation hearing court report no less than seven
days prior to the date set by the court for the continued selection
and implementation hearing. The court shall have discretion to grant
an additional continuance to the tribe for filing a tribal customary
adoption order up to, but not exceeding, 60 days. If the child's
tribe does not file the tribal customary adoption order within the
designated time period, the court shall make new findings and orders
pursuant to subdivision (b) of Section 366.26 and this subdivision to
determine the best permanent plan for the child.
   (7) The child, birth parents, or Indian custodian and the tribal
customary adoptive parents and their counsel, if applicable, may
present evidence to the tribe regarding the tribal customary adoption
and the child's best interest.
                       (8) Upon the court affording full faith and
credit to the tribal customary adoption order and the tribe's
approval of the home study, the child shall be eligible for tribal
customary adoptive placement. The agency that has placement and care
responsibility of the child shall be authorized to make a tribal
customary adoptive placement and sign a tribal customary adoptive
placement agreement and, thereafter, shall sign the adoption
assistance agreement pursuant to subdivision (g) of Section 16120.
The prospective adoptive parent or parents desiring to adopt the
child may then file the petition for adoption. The agency shall
supervise the adoptive placement for a period of six months unless
either of the following circumstances exists:
   (A) The child to be adopted is a foster child of the prospective
adoptive parents whose foster care placement has been supervised by
an agency before the signing of the adoptive placement agreement in
which case the supervisory period may be shortened by one month for
each full month that the child has been in foster care with the
family.
   (B) The child to be adopted is placed with a relative with whom he
or she has an established relationship.
   (9) All licensed public adoption agencies shall cooperate with and
assist the department in devising a plan that will effectuate the
effective and discreet transmission to tribal customary adoptees or
prospective tribal customary adoptive parents of pertinent medical
information reported to the department or the licensed public
adoption agency, upon the request of the person reporting the medical
information.
   (A) A licensed public adoption agency may not place a child for
tribal customary adoption unless a written report on the child's
medical background and, if available, the medical background on the
child's biological parents, so far as ascertainable, has been
submitted to the prospective tribal customary adoptive parents and
they have acknowledged in writing the receipt of the report.
   (B) The report on the child's background shall contain all known
diagnostic information, including current medical reports on the
child, psychological evaluations, and scholastic information, as well
as all known information regarding the child's developmental
history.
   (10) The tribal customary adoption order shall include, but not be
limited to, a description of (A) the modification of the legal
relationship of the birth parents or Indian custodian and the child,
including contact, if any, between the child and the birth parents or
Indian custodian, responsibilities of the birth parents or Indian
custodian, and the rights of inheritance of the child and (B) the
child's legal relationship with the tribe. The order shall not
include any child support obligation from the birth parents or Indian
custodian. There shall be a conclusive presumption that any parental
rights or obligations not specified in the tribal customary adoption
order shall vest in the tribal customary adoptive parents.
   (11) Prior consent to a permanent plan of tribal customary
adoption of an Indian child shall not be required of an Indian parent
or Indian custodian whose parental relationship to the child will be
modified by the tribal customary adoption.
   (12) After the prospective adoptive parent or parents desiring to
adopt the child have filed the adoption petition, the agency that has
placement, care, and responsibility for the child shall submit to
the court, a full and final report of the facts of the proposed
tribal customary adoption. The requisite elements of the final court
report shall be those specified for court reports in the department's
regulations governing agency adoptions.
   (13) Notwithstanding any other provision of law, after the tribal
customary adoption order has been issued and afforded full faith and
credit by the state court, supervision of the adoptive placement has
been completed, and the state court has issued a final decree of
adoption, the tribal customary adoptive parents shall have all of the
rights and privileges afforded to, and are subject to all the duties
of, any other adoptive parent or parents pursuant to the laws of
this state.
   (14) Consistent with Section 366.3, after the tribal customary
adoption has been afforded full faith and credit and a final adoption
decree has been issued, the court shall terminate its jurisdiction
over the Indian child.
   (15) Nothing in this section is intended to prevent the transfer
of those proceedings to a tribal court where transfer is otherwise
permitted under applicable law.
   (d) The following disclosure provisions shall apply to tribal
customary adoptions:
   (1) The petition, agreement, order, report to the court from any
investigating agency, and any power of attorney filed in a tribal
customary adoption proceeding is not open to inspection by any person
other than the parties to the proceeding and their attorneys and the
department, except upon the written authority of the judge of the
juvenile court. A judge may not authorize anyone to inspect the
petition, agreement, order, report to the court from any
investigating agency, and any power of attorney except in exceptional
circumstances and for good cause approaching the necessitous.
   (2) Except as otherwise permitted or required by statute, neither
the department, county adoption agency, nor any licensed adoption
agency shall release information that would identify persons who
receive, or have received, tribal customary adoption services.
However, employees of the department, county adoption agencies, and
licensed adoption agencies shall release to the State Department of
Social Services any requested information, including identifying
information, for the purpose of recordkeeping and monitoring,
evaluation, and regulation of the provision of tribal customary
adoption services.
   (3) The department, county adoption agency, or licensed adoption
agency may, upon written authorization for the release of specified
information by the subject of that information, share information
regarding a prospective tribal customary adoptive parent or birth
parent with other social service agencies, including the department,
county adoption agencies, and other licensed adoption agencies, or
providers of health care as defined in Section 56.05 of the Civil
Code.
   (4) Notwithstanding any other law, the department, county adoption
agency, or licensed adoption agency may furnish information relating
to a tribal customary adoption petition or to a child in the custody
of the department or any public adoption agency to the juvenile
court, county welfare department, public welfare agency, private
welfare agency licensed by the department, provider of foster care
services, potential adoptive parents, or provider of health care as
defined in Section 56.05 of the Civil Code, if it is believed the
child's welfare will be promoted thereby.
   (5) The department, county adoption agency, or licensed adoption
agency may make tribal customary adoption case records, including
identifying information, available for research purposes, provided
that the research will not result in the disclosure of the identity
of the child or the parties to the tribal customary adoption to
anyone other than the entity conducting the research.
   (e) This section shall remain operative only to the extent that
compliance with its provisions does not conflict with federal law as
a condition of receiving funding under Title IV-E or the federal
Social Security Act (42 U.S.C. Sec. 670 et seq.).
   (f) The Judicial Council shall adopt rules of court and necessary
forms required to implement tribal customary adoption as a permanent
plan for dependent Indian children. The Judicial Council shall study
California's tribal customary adoption provisions and their effects
on children, birth parents, adoptive parents, Indian custodians,
tribes, and the court, and shall report all of its findings to the
Legislature on or before January 1, 2013. The report shall include,
but not be limited to, the following:
   (1) The number of families served and the number of completed
tribal customary adoptions.
   (2) The length of time it takes to complete a tribal customary
adoption.
   (3) The challenges faced by social workers, court, and tribes in
completing tribal customary adoptions.
   (4) The benefits or detriments to Indian children from a tribal
customary adoption.
  SEC. 55.  Section 366.25 of the Welfare and Institutions Code, as
amended by Section 20 of Chapter 559 of the Statutes of 2010, is
amended to read:
   366.25.  (a) (1) When a case has been continued pursuant to
subdivision (b) of Section 366.22, the subsequent permanency review
hearing shall occur within 24 months after the date the child was
originally removed from the physical custody of his or her parent or
legal guardian. The court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the subsequent
permanency review hearing, the court shall consider the criminal
history, obtained pursuant to paragraph (1) of subdivision (f) of
Section 16504.5, of the parent or legal guardian subsequent to the
child's removal to the extent that the criminal record is
substantially related to the welfare of the child or parent or legal
guardian's ability to exercise custody and control regarding his or
her child provided that the parent or legal guardian agreed to submit
fingerprint images to obtain criminal history information as part of
the case plan. The failure of the parent or legal guardian to
participate regularly and make substantive progress in court-ordered
treatment programs shall be prima facie evidence that return would be
detrimental. In making its determination, the court shall review and
consider the social worker's report and recommendations and the
report and recommendations of any child advocate appointed pursuant
to Section 356.5; shall consider the efforts or progress, or both,
demonstrated by the parent or legal guardian and the extent to which
he or she availed himself or herself of services provided; and shall
make appropriate findings pursuant to subdivision (a) of Section 366.

   (2) Whether or not the child is returned to his or her parent or
legal guardian, the court shall specify the factual basis for its
decision. If the child is not returned to a parent or legal guardian,
the court shall specify the factual basis for its conclusion that
return would be detrimental. If the child is not returned to his or
her parents or legal guardian, the court shall consider and state for
the record, in-state and out-of-state options for the child's
permanent placement. If the child is placed out of the state, the
court shall make a determination whether the out-of-state placement
continues to be appropriate and in best interests of the child.
   (3) If the child is not returned to a parent or legal guardian at
the subsequent permanency review hearing, the court shall order that
a hearing be held pursuant to Section 366.26 in order to determine
whether adoption, or, in the case of an Indian child, tribal
customary adoption, guardianship, or long-term foster care is the
most appropriate plan for the child. On and after January 1, 2012, a
hearing pursuant to Section 366.26 shall not be ordered if the child
is a nonminor dependent. However, if the court finds by clear and
convincing evidence, based on the evidence already presented to it,
including a recommendation by the State Department of Social Services
when it is acting as an adoption agency or by a county adoption
agency, that there is a compelling reason, as described in paragraph
(3) of subdivision (g) of Section 366.21, for determining that a
hearing held under Section 366.26 is not in the best interest of the
child because the child is not a proper subject for adoption or, in
the case of an Indian child, tribal customary adoption, and has no
one willing to accept legal guardianship, then the court may, only
under these circumstances, order that the child remain in long-term
foster care. On and after January 1, 2012, the nonminor dependent's
legal status as an adult is in and of itself a compelling reason not
to hold a hearing pursuant to Section 366.26. The court may order
that a nonminor dependent who otherwise is eligible pursuant to
Section 11403 remain in a planned, permanent living arrangement. If
the court orders that a child who is 10 years of age or older remain
in long-term foster care, the court shall determine whether the
agency has made reasonable efforts to maintain the child's
relationships with individuals other than the child's siblings who
are important to the child, consistent with the child's best
interests, and may make any appropriate order to ensure that those
relationships are maintained. The hearing shall be held no later than
120 days from the date of the subsequent permanency review hearing.
The court shall also order termination of reunification services to
the parent or legal guardian. The court shall continue to permit the
parent or legal guardian to visit the child unless it finds that
visitation would be detrimental to the child. The court shall
determine whether reasonable services have been offered or provided
to the parent or legal guardian. For purposes of this subdivision,
evidence of any of the following circumstances shall not, in and of
themselves, be deemed a failure to provide or offer reasonable
services:
   (A) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.
   (B) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
   (C) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
   (b) (1) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the county adoption agency, or the State Department of
Social Services when it is acting as an adoption agency, to prepare
an assessment that shall include:
   (A) Current search efforts for an absent parent or parents.
   (B) A review of the amount of, and nature of, any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
   (C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
including a prospective tribal customary adoptive parent,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed legal guardian is a
relative of the minor, the assessment shall also consider, but need
not be limited to, all of the factors specified in subdivision (a) of
Section 361.3 and in Section 361.4.
   (E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, including a prospective tribal
customary adoptive parent, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or legal guardianship, a
statement from the child concerning placement and the adoption or
legal guardianship, and whether the child, if over 12 years of age,
has been consulted about the proposed relative guardianship
arrangements, unless the child's age or physical, emotional, or other
condition precludes his or her meaningful response, and if so, a
description of the condition.
   (F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (G) In the case of an Indian child, in addition to subparagraphs
(A) to (F), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child's tribe, a
tribal customary adoption, as defined in Section 366.24, is
recommended. If tribal customary adoption is recommended, the
assessment shall include an analysis of both of the following:
   (i) Whether tribal customary adoption would or would not be
detrimental to the Indian child and the reasons for reaching that
conclusion.
   (ii) Whether the Indian child cannot or should not be returned to
the home of the Indian parent or Indian custodian and the reasons for
reaching that conclusion.
   (2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
   (B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption.
   (c) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with an approved relative
caregiver, and juvenile court dependency is subsequently dismissed,
the minor shall be eligible for aid under the Kin-GAP Program, as
provided for in Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385), as applicable, of
Chapter 2 of Part 3 of Division 9.
   (d) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
   (e) The implementation and operation of subdivision (a) enacted at
the 2005-06 Regular Session shall be subject to appropriation
through the budget process and by phase, as provided in Section
366.35.
  SEC. 56.  Section 366.25 of the Welfare and Institutions Code, as
amended by Section 21 of Chapter 559 of the Statutes of 2010, is
repealed.
  SEC. 57.  Section 366.26 of the Welfare and Institutions Code, as
amended by Section 15 of Chapter 287 of the Statutes of 2009, is
amended to read:
   366.26.  (a) This section applies to children who are adjudged
dependent children of the juvenile court pursuant to subdivision (d)
of Section 360. The procedures specified herein are the exclusive
procedures for conducting these hearings; Part 2 (commencing with
Section 3020) of Division 8 of the Family Code is not applicable to
these proceedings. Section 8616.5 of the Family Code is applicable
and available to all dependent children meeting the requirements of
that section, if the postadoption contact agreement has been entered
into voluntarily. For children who are adjudged dependent children of
the juvenile court pursuant to subdivision (d) of Section 360, this
section and Sections 8604, 8605, 8606, and 8700 of the Family Code
and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12
of the Family Code specify the exclusive procedures for permanently
terminating parental rights with regard to, or establishing legal
guardianship of, the child while the child is a dependent child of
the juvenile court.
   (b) At the hearing, which shall be held in juvenile court for all
children who are dependents of the juvenile court, the court, in
order to provide stable, permanent homes for these children, shall
review the report as specified in Section 361.5, 366.21, 366.22, or
366.25, shall indicate that the court has read and considered it,
shall receive other evidence that the parties may present, and then
shall make findings and orders in the following order of preference:
   (1) Terminate the rights of the parent or parents and order that
the child be placed for adoption and, upon the filing of a petition
for adoption in the juvenile court, order that a hearing be set. The
court shall proceed with the adoption after the appellate rights of
the natural parents have been exhausted.
   (2) Order, without termination of parental rights, the plan of
tribal customary adoption, as described in Section 366.24, through
tribal custom, traditions, or law of the Indian child's tribe, and
upon the court affording the tribal customary adoption order full
faith and credit at the continued selection and implementation
hearing, order that a hearing be set pursuant to paragraph (2) of
subdivision (e).
   (3) Appoint a relative or relatives with whom the child is
currently residing as legal guardian or guardians for the child, and
order that letters of guardianship issue.
   (4) On making a finding under paragraph (3) of subdivision (c),
identify adoption or tribal customary adoption as the permanent
placement goal and order that efforts be made to locate an
appropriate adoptive family for the child within a period not to
exceed 180 days.
   (5) Appoint a nonrelative legal guardian for the child and order
that letters of guardianship issue.
   (6) Order that the child be placed in long-term foster care,
subject to the periodic review of the juvenile court under Section
366.3.
   In choosing among the above alternatives the court shall proceed
pursuant to subdivision (c).
   (c) (1) If the court determines, based on the assessment provided
as ordered under subdivision (i) of Section 366.21, subdivision (b)
of Section 366.22, or subdivision (b) of Section 366.25, and any
other relevant evidence, by a clear and convincing standard, that it
is likely the child will be adopted, the court shall terminate
parental rights and order the child placed for adoption. The fact
that the child is not yet placed in a preadoptive home nor with a
relative or foster family who is prepared to adopt the child, shall
not constitute a basis for the court to conclude that it is not
likely the child will be adopted. A finding under subdivision (b) or
paragraph (1) of subdivision (e) of Section 361.5 that reunification
services shall not be offered, under subdivision (e) of Section
366.21 that the whereabouts of a parent have been unknown for six
months or that the parent has failed to visit or contact the child
for six months, or that the parent has been convicted of a felony
indicating parental unfitness, or, under Section 366.21 or 366.22,
that the court has continued to remove the child from the custody of
the parent or guardian and has terminated reunification services,
shall constitute a sufficient basis for termination of parental
rights. Under these circumstances, the court shall terminate parental
rights unless either of the following applies:
   (A) The child is living with a relative who is unable or unwilling
to adopt the child because of circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, but who is willing and capable of providing the child with a
stable and permanent environment through legal guardianship, and the
removal of the child from the custody of his or her relative would be
detrimental to the emotional well-being of the child. For purposes
of an Indian child, "relative" shall include an "extended family
member," as defined in the federal Indian Child Welfare Act (25
U.S.C. Sec. 1903(2)).
   (B) The court finds a compelling reason for determining that
termination would be detrimental to the child due to one or more of
the following circumstances:
   (i) The parents have maintained regular visitation and contact
with the child and the child would benefit from continuing the
relationship.
   (ii) A child 12 years of age or older objects to termination of
parental rights.
   (iii) The child is placed in a residential treatment facility,
adoption is unlikely or undesirable, and continuation of parental
rights will not prevent finding the child a permanent family
placement if the parents cannot resume custody when residential care
is no longer needed.
   (iv) The child is living with a foster parent or Indian custodian
who is unable or unwilling to adopt the child because of exceptional
circumstances, that do not include an unwillingness to accept legal
or financial responsibility for the child, but who is willing and
capable of providing the child with a stable and permanent
environment and the removal of the child from the physical custody of
his or her foster parent or Indian custodian would be detrimental to
the emotional well-being of the child. This clause does not apply to
any child who is either (I) under six years of age or (II) a member
of a sibling group where at least one child is under six years of age
and the siblings are, or should be, permanently placed together.
   (v) There would be substantial interference with a child's sibling
relationship, taking into consideration the nature and extent of the
relationship, including, but not limited to, whether the child was
raised with a sibling in the same home, whether the child shared
significant common experiences or has existing close and strong bonds
with a sibling, and whether ongoing contact is in the child's best
interest, including the child's long-term emotional interest, as
compared to the benefit of legal permanence through adoption.
   (vi) The child is an Indian child and there is a compelling reason
for determining that termination of parental rights would not be in
the best interest of the child, including, but not limited to:
   (I) Termination of parental rights would substantially interfere
with the child's connection to his or her tribal community or the
child's tribal membership rights.
   (II) The child's tribe has identified guardianship, long-term
foster care with a fit and willing relative, tribal customary
adoption, or another planned permanent living arrangement for the
child.
                                          (C) For purposes of
subparagraph (B), in the case of tribal customary adoptions, Section
366.24 shall apply.
   (D) If the court finds that termination of parental rights would
be detrimental to the child pursuant to clause (i), (ii), (iii),
(iv), (v), or (vi), it shall state its reasons in writing or on the
record.
   (2) The court shall not terminate parental rights if:
   (A) At each hearing at which the court was required to consider
reasonable efforts or services, the court has found that reasonable
efforts were not made or that reasonable services were not offered or
provided.
   (B) In the case of an Indian child:
   (i) At the hearing terminating parental rights, the court has
found that active efforts were not made as required in Section 361.7.

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

   (A) Make every reasonable attempt to achieve a substantive and
meritorious review by the appellate court within the time specified
in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant
to this section.
   (B) Encourage the appellate court to determine all writ petitions
filed pursuant to this subdivision on their merits.
   (5) This subdivision shall only apply to cases in which an order
to set a hearing pursuant to this section is issued on or after
January 1, 1995.
   (m) Except for subdivision (j), this section shall also apply to
minors adjudged wards pursuant to Section 727.31.
   (n) (1) Notwithstanding Section 8704 of the Family Code or any
other provision of law, the court, at a hearing held pursuant to this
section or anytime thereafter, may designate a current caretaker as
a prospective adoptive parent if the child has lived with the
caretaker for at least six months, the caretaker currently expresses
a commitment to adopt the child, and the caretaker has taken at least
one step to facilitate the adoption process. In determining whether
to make that designation, the court may take into consideration
whether the caretaker is listed in the preliminary assessment
prepared by the county department in accordance with subdivision (i)
of Section 366.21 as an appropriate person to be considered as an
adoptive parent for the child and the recommendation of the State
Department of Social Services, county adoption agency, or licensed
adoption agency.
   (2) For purposes of this subdivision, steps to facilitate the
adoption process include, but are not limited to, the following:
   (A) Applying for an adoption home study.
   (B) Cooperating with an adoption home study.
   (C) Being designated by the court or the adoption agency as the
adoptive family.
   (D) Requesting de facto parent status.
   (E) Signing an adoptive placement agreement.
   (F) Engaging in discussions regarding a postadoption contact
agreement.
   (G) Working to overcome any impediments that have been identified
by the State Department of Social Services, county adoption agency,
or licensed adoption agency.
   (H) Attending classes required of prospective adoptive parents.
   (3) Prior to a change in placement and as soon as possible after a
decision is made to remove a child from the home of a designated
prospective adoptive parent, the agency shall notify the court, the
designated prospective adoptive parent or the current caretaker, if
that caretaker would have met the threshold criteria to be designated
as a prospective adoptive parent pursuant to paragraph (1) on the
date of service of this notice, the child's attorney, and the child,
if the child is 10 years of age or older, of the proposal in the
manner described in Section 16010.6.
   (A) Within five court days or seven calendar days, whichever is
longer, of the date of notification, the child, the child's attorney,
or the designated prospective adoptive parent may file a petition
with the court objecting to the proposal to remove the child, or the
court, upon its own motion, may set a hearing regarding the proposal.
The court may, for good cause, extend the filing period. A caretaker
who would have met the threshold criteria to be designated as a
prospective adoptive parent pursuant to paragraph (1) on the date of
service of the notice of proposed removal of the child may file,
together with the petition under this subparagraph, a petition for an
order designating the caretaker as a prospective adoptive parent for
purposes of this subdivision.
   (B) A hearing ordered pursuant to this paragraph shall be held as
soon as possible and not later than five court days after the
petition is filed with the court or the court sets a hearing upon its
own motion, unless the court for good cause is unable to set the
matter for hearing five court days after the petition is filed, in
which case the court shall set the matter for hearing as soon as
possible. At the hearing, the court shall determine whether the
caretaker has met the threshold criteria to be designated as a
prospective adoptive parent pursuant to paragraph (1), and whether
the proposed removal of the child from the home of the designated
prospective adoptive parent is in the child's best interest, and the
child may not be removed from the home of the designated prospective
adoptive parent unless the court finds that removal is in the child's
best interest. If the court determines that the caretaker did not
meet the threshold criteria to be designated as a prospective
adoptive parent on the date of service of the notice of proposed
removal of the child, the petition objecting to the proposed removal
filed by the caretaker shall be dismissed. If the caretaker was
designated as a prospective adoptive parent prior to this hearing,
the court shall inquire into any progress made by the caretaker
towards the adoption of the child since the caretaker was designated
as a prospective adoptive parent.
   (C) A determination by the court that the caretaker is a
designated prospective adoptive parent pursuant to paragraph (1) or
subparagraph (B) does not make the caretaker a party to the
dependency proceeding nor does it confer on the caretaker any
standing to object to any other action of the department, county
adoption agency, or licensed adoption agency, unless the caretaker
has been declared a de facto parent by the court prior to the notice
of removal served pursuant to paragraph (3).
   (D) If a petition objecting to the proposal to remove the child is
not filed, and the court, upon its own motion, does not set a
hearing, the child may be removed from the home of the designated
prospective adoptive parent without a hearing.
   (4) Notwithstanding paragraph (3), if the State Department of
Social Services, county adoption agency, or licensed adoption agency
determines that the child must be removed from the home of the
caretaker who is or may
  be a designated prospective adoptive parent immediately, due to a
risk of physical or emotional harm, the agency may remove the child
from that home and is not required to provide notice prior to the
removal. However, as soon as possible and not longer than two court
days after the removal, the agency shall notify the court, the
caretaker who is or may be a designated prospective adoptive parent,
the child's attorney, and the child, if the child is 10 years of age
or older, of the removal. Within five court days or seven calendar
days, whichever is longer, of the date of notification of the
removal, the child, the child's attorney, or the caretaker who is or
may be a designated prospective adoptive parent may petition for, or
the court on its own motion may set, a noticed hearing pursuant to
paragraph (3). The court may, for good cause, extend the filing
period.
   (5) Except as provided in subdivision (b) of Section 366.28, an
order by the court issued after a hearing pursuant to this
subdivision shall not be appealable.
   (6) Nothing in this section shall preclude a county child
protective services agency from fully investigating and responding to
alleged abuse or neglect of a child pursuant to Section 11165.5 of
the Penal Code.
   (7) The Judicial Council shall prepare forms to facilitate the
filing of the petitions described in this subdivision, which shall
become effective on January 1, 2006.
   (o) The implementation and operation of the amendments to
paragraph (3) of subdivision (c) and subparagraph (A) of paragraph
(4) of subdivision (c) enacted at the 2005-06 Regular Session shall
be subject to appropriation through the budget process and by phase,
as provided in Section 366.35.
  SEC. 58.  Section 366.26 of the Welfare and Institutions Code, as
added by Section 16 of Chapter 287 of the Statutes of 2009, is
repealed.
  SEC. 59.  Section 366.3 of the Welfare and Institutions Code, as
amended by Section 22 of Chapter 559 of the Statutes of 2010, is
amended to read:
   366.3.  (a) If a juvenile court orders a permanent plan of
adoption, tribal customary adoption, or legal guardianship pursuant
to Section 360 or 366.26, the court shall retain jurisdiction over
the child until the child is adopted or the legal guardianship is
established, except as provided for in Section 366.29 or, on and
after January 1, 2012, Section 366.31. The status of the child shall
be reviewed every six months to ensure that the adoption or legal
guardianship is completed as expeditiously as possible. When the
adoption of the child has been granted, or in the case of a tribal
customary adoption, when the tribal customary adoption order has been
afforded full faith and credit and the petition for adoption has
been granted, the court shall terminate its jurisdiction over the
child. Following establishment of a legal guardianship, the court may
continue jurisdiction over the child as a dependent child of the
juvenile court or may terminate its dependency jurisdiction and
retain jurisdiction over the child as a ward of the legal
guardianship, as authorized by Section 366.4. If, however, a relative
of the child is appointed the legal guardian of the child and the
child has been placed with the relative for at least six months, the
court shall, except if the relative guardian objects, or upon a
finding of exceptional circumstances, terminate its dependency
jurisdiction and retain jurisdiction over the child as a ward of the
guardianship, as authorized by Section 366.4. Following a termination
of parental rights, the parent or parents shall not be a party to,
or receive notice of, any subsequent proceedings regarding the child.

   (b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact. The court may vacate its previous order dismissing
dependency jurisdiction over the child.
   Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a legal guardianship that has been granted pursuant to
Section 360 or 366.26 shall be held either in the juvenile court that
retains jurisdiction over the guardianship as authorized by Section
366.4 or the juvenile court in the county where the guardian and
child currently reside, based on the best interests of the child,
unless the termination is due to the emancipation or adoption of the
child. The juvenile court having jurisdiction over the guardianship
shall receive notice from the court in which the petition is filed
within five calendar days of the filing. Prior to the hearing on a
petition to terminate legal guardianship pursuant to this
subdivision, the court shall order the county department of social
services or welfare department having jurisdiction or jointly with
the county department where the guardian and child currently reside
to prepare a report, for the court's consideration, that shall
include an evaluation of whether the child could safely remain in, or
be returned to, the legal guardian's home, without terminating the
legal guardianship, if services were provided to the child or legal
guardian. If applicable, the report shall also identify recommended
family maintenance or reunification services to maintain the legal
guardianship and set forth a plan for providing those services. If
the petition to terminate legal guardianship is granted, either
juvenile court may resume dependency jurisdiction over the child, and
may order the county department of social services or welfare
department to develop a new permanent plan, which shall be presented
to the court within 60 days of the termination. If no dependency
jurisdiction has attached, the social worker shall make any
investigation he or she deems necessary to determine whether the
child may be within the jurisdiction of the juvenile court, as
provided in Section 328.
   Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the legal guardianship
has been revoked or terminated and shall be entitled to participate
in the new permanency planning hearing. The court shall try to place
the child in another permanent placement. At the hearing, the parents
may be considered as custodians but the child shall not be returned
to the parent or parents unless they prove, by a preponderance of the
evidence, that reunification is the best alternative for the child.
The court may, if it is in the best interests of the child, order
that reunification services again be provided to the parent or
parents.
   (c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption or, for an Indian child, tribal customary
adoption, may be an appropriate plan for the child, the department
shall so notify the court. The court may vacate its previous order
dismissing dependency jurisdiction over the child and order that a
hearing be held pursuant to Section 366.26 to determine whether
adoption or continued legal guardianship is the most appropriate plan
for the child. The hearing shall be held no later than 120 days from
the date of the order. If the court orders that a hearing shall be
held pursuant to Section 366.26, the court shall direct the agency
supervising the child and the county adoption agency, or the State
Department of Social Services if it is acting as an adoption agency,
to prepare an assessment under subdivision (b) of Section 366.22.
   (d) If the child or, on and after January 1, 2012, nonminor
dependent is in a placement other than the home of a legal guardian
and jurisdiction has not been dismissed, the status of the child
shall be reviewed at least every six months. The review of the status
of a child for whom the court has ordered parental rights terminated
and who has been ordered placed for adoption shall be conducted by
the court. The review of the status of a child or, on and after
January 1, 2012, nonminor dependent for whom the court has not
ordered parental rights terminated and who has not been ordered
placed for adoption may be conducted by the court or an appropriate
local agency. The court shall conduct the review under the following
circumstances:
   (1) Upon the request of the child's parents or legal guardians.
   (2) Upon the request of the child or, on and after January 1,
2012, nonminor dependent.
   (3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the child remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.25, 366.26, or subdivision
(h).
   (4) It has been 12 months since a review was conducted by the
court.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   (e) Except as provided in subdivision (g), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
   (1) The continuing necessity for, and appropriateness of, the
placement.
   (2) Identification of individuals other than the child's siblings
who are important to a child who is 10 years of age or older and has
been in out-of-home placement for six months or longer, and actions
necessary to maintain the child's relationship with those
individuals, provided that those relationships are in the best
interest of the child. The social worker shall ask every child who is
10 years of age or older and who has been in out-of-home placement
for six months or longer to identify individuals other than the child'
s siblings who are important to the child, and may ask any other
child to provide that information, as appropriate. The social worker
shall make efforts to identify other individuals who are important to
the child, consistent with the child's best interests.
   (3) The continuing appropriateness and extent of compliance with
the permanent plan for the child, including efforts to maintain
relationships between a child who is 10 years of age or older and who
has been in out-of-home placement for six months or longer and
individuals who are important to the child and efforts to identify a
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.
   (4) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts either to return the
child to the safe home of the parent or to complete whatever steps
are necessary to finalize the permanent placement of the child. If
the reviewing body determines that a second period of reunification
services is in the child's best interests, and that there is a
significant likelihood of the child's return to a safe home due to
changed circumstances of the parent, pursuant to subdivision (f), the
specific reunification services required to effect the child's
return to a safe home shall be described.
   (5) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions for the child. That
limitation shall be specifically addressed in the court order and may
not exceed what is necessary to protect the child. If the court
specifically limits the right of the parent or guardian to make
educational decisions for the child, the court shall at the same time
appoint a responsible adult to make educational decisions for the
child pursuant to Section 361.
   (6) The adequacy of services provided to the child. The court
shall consider the progress in providing the information and
documents to the child, as described in Section 391. The court shall
also consider the need for, and progress in providing, the assistance
and services described in Section 391.
   (7) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.
   (8) The likely date by which the child may be returned to, and
safely maintained in, the home, placed for adoption, legal
guardianship, in another planned permanent living arrangement, or,
for an Indian child, in consultation with the child's tribe, placed
for tribal customary adoption.
   (9) Whether the child has any siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (A) The nature of the relationship between the child and his or
her siblings.
   (B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
   (D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   The factors the court may consider as indicators of the nature of
the child's sibling relationships include, but are not limited to,
whether the siblings were raised together in the same home, whether
the siblings have shared significant common experiences or have
existing close and strong bonds, whether either sibling expresses a
desire to visit or live with his or her sibling, as applicable, and
whether ongoing contact is in the child's best emotional interests.
   (10) For a child who is 16 years of age or older, and, effective
January 1, 2012, for a nonminor dependent, the services needed to
assist the child or nonminor dependent to make the transition from
foster care to independent living.
   The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
   Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
   (f) Unless their parental rights have been permanently terminated,
the parent or parents of the child are entitled to receive notice
of, and participate in, those hearings. It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child. In those cases, the court may order that further reunification
services to return the child to a safe home environment be provided
to the parent or parents up to a period of six months, and family
maintenance services, as needed for an additional six months in order
to return the child to a safe home environment. On and after January
1, 2012, this subdivision shall not apply to the parents of a
nonminor dependent.
   (g) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, or,
for an Indian child for whom parental rights are not being terminated
and a tribal customary adoption is being considered, the county
welfare department shall prepare and present to the court a report
describing the following:
   (1) The child's present placement.
   (2) The child's current physical, mental, emotional, and
educational status.
   (3) If the child has not been placed with a prospective adoptive
parent or guardian, identification of individuals, other than the
child's siblings, who are important to the child and actions
necessary to maintain the child's relationship with those
individuals, provided that those relationships are in the best
interest of the child. The agency shall ask every child who is 10
years of age or older to identify any individuals who are important
to him or her, consistent with the child's best interest, and may ask
any child who is younger than 10 years of age to provide that
information as appropriate. The agency shall make efforts to identify
other individuals who are important to the child.
   (4) Whether the child has been placed with a prospective adoptive
parent or parents.
   (5) Whether an adoptive placement agreement has been signed and
filed.
   (6) If the child has not been placed with a prospective adoptive
parent or parents, the efforts made to identify an appropriate
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.
   (7) Whether the final adoption order should include provisions for
postadoptive sibling contact pursuant to Section 366.29.
   (8) The progress of the search for an adoptive placement if one
has not been identified.
   (9) Any impediments to the adoption or the adoptive placement.
   (10) The anticipated date by which the child will be adopted or
placed in an adoptive home.
   (11) The anticipated date by which an adoptive placement agreement
will be signed.
   (12) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
   (h) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or, for an
Indian child, in consultation with the child's tribe, placed for
tribal customary adoption, or appointed a legal guardian, or, if
compelling reasons exist for finding that none of the foregoing
options are in the best interest of the child, whether the child
should be placed in another planned permanent living arrangement. The
court shall order that a hearing be held pursuant to Section 366.26,
unless it determines by clear and convincing evidence that there is
a compelling reason for determining that a hearing held pursuant to
Section 366.26 is not in the best interest of the child because the
child is being returned to the home of the parent, the child is not a
proper subject for adoption, or no one is willing to accept legal
guardianship. If the county adoption agency, or the department when
it is acting as an adoption agency, has determined it is unlikely
that the child will be adopted or one of the conditions described in
paragraph (1) of subdivision (c) of Section 366.26 applies, that fact
shall constitute a compelling reason for purposes of this
subdivision. Only upon that determination may the court order that
the child remain in long-term foster care, without holding a hearing
pursuant to Section 366.26. On and after January 1, 2012, the
nonminor dependent's legal status as an adult is in and of itself a
compelling reason not to hold a hearing pursuant to Section 366.26.
   (i) If, as authorized by subdivision (h), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the county adoption agency, or the State
Department of Social Services when it is acting as an adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22. A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption, tribal
customary adoption, legal guardianship, or long-term foster care is
the most appropriate plan for the child. On and after January 1,
2012, a hearing pursuant to Section 366.26 shall not be ordered if
the child is a nonminor dependent. The court may order that a
nonminor dependent who otherwise is eligible pursuant to Section
11403 remain in a planned, permanent living arrangement.
   (j) The implementation and operation of the amendments to
subdivision (e) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
   (k) The reviews conducted pursuant to subdivision (a) or (d) may
be conducted earlier than every six months if the court determines
that an earlier review is in the best interests of the child or as
court rules prescribe.
   (l) On and after January 1, 2012, at the review hearing that
occurs in the six-month period prior to the minor's attaining 18
years of age, and at every subsequent review hearing for the nonminor
dependent, the report shall describe all of the following:
   (1) The minor's or nonminor dependent's plans to remain in foster
care and plans to meet one or more of the criteria as described in
subdivision (b) of Section 11403 to continue to receive AFDC-FC
benefits.
   (2) The efforts made and assistance provided to the minor or
nonminor dependent by the social worker or the probation officer so
that the minor or nonminor dependent will be able to meet the
criteria.
   (3) Efforts toward completing the items described in paragraph (2)
of subdivision (e) of Section 391.
   (m) On and after January 1, 2012, the reviews conducted pursuant
to subdivisions (e) and (h) for any nonminor dependent shall be
conducted in a manner that respects the nonminor's status as a legal
adult, be focused on the goals and services described in the youth's
transitional independent living case plan, including efforts made to
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. The review shall include all the issues in subdivision
(e), except paragraph (5) of subdivision (e). The county child
welfare or probation department, or Indian tribe that has entered
into an agreement pursuant to Section 10553.1 shall prepare and
present to the reviewing body a report that addresses the youth's
progress in meeting the goals in the transitional independent living
case plan and propose modifications as necessary to further those
goals. The report shall document that the nonminor has received all
the information and documentation described in paragraph (2) of
subdivision (e) of Section 391. If the court is considering
terminating dependency jurisdiction for a nonminor dependent it shall
first hold a hearing pursuant to Section 391.
   (n) On and after January 1, 2012, if a review hearing pursuant to
this section is the last review hearing to be held before the child
attains 18 years of age, the court shall ensure all of the following:

   (1) 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.
   (2) 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.
   (3) 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.
  SEC. 60.  Section 366.3 of the Welfare and Institutions Code, as
amended by Section 23 of Chapter 559 of the Statutes of 2010, is
repealed.
  SEC. 61.  Section 450 of the Welfare and Institutions Code is
amended to read:
   450.  (a) A minor or nonminor who satisfies all of the following
criteria is within the transition jurisdiction of the juvenile court:

   (1) (A) The minor is a ward who is older than 17 years and 5
months of age and younger than 18 years of age and in foster care
placement, or the nonminor is a ward in foster care placement who was
a ward subject to an order for foster care placement on the day he
or she attained 18 years of age and on and after January 1, 2012, has
not attained 19 years of age, or, commencing January 1, 2013, 20
years of age, or, commencing January 1, 2014, 21 years of age.
   (B) Notwithstanding subparagraph (A), the nonminor is a ward who
has been receiving aid pursuant to Article 5 (commencing with Section
11400) of Chapter 2 of Part 3 of Division 9 between January 1, 2012,
and December 31, 2012, and attains 19 years of age prior to January
1, 2013, or who has been receiving that aid between January 1, 2013,
and December 31, 2013, and attains 20 years of age prior to January
1, 2014, and who may continue to receive aid under the applicable
program, provided that the nonminor dependent continues to meet all
other applicable eligibility requirements as specified in Section
11403.
   (2) The ward meets either of the following conditions:
   (A) The ward was removed from the physical custody of his or her
parents or legal guardian, adjudged to be a ward of the juvenile
court under Section 725, and ordered into foster care placement as a
ward.
   (B) The ward was removed from the custody of his or her parents or
legal guardian as a dependent of the court with an order for foster
care placement as a dependent in effect at the time the court
adjudged him or her to be a ward of the juvenile court under Section
725.
   (3) The rehabilitative goals of the minor or nonminor, as set
forth in the case plan, have been met, and juvenile court
jurisdiction over the minor or nonminor as a ward is no longer
required.
   (4) (A) If the ward is a minor, reunification services have been
terminated; the matter has not been set for a hearing for termination
of parental rights pursuant to Section 727.3 or for the
establishment of guardianship pursuant to Section 728; the return of
the child to the physical custody of the parents or legal guardian
would create a substantial risk of detriment to the child's safety,
protection, or physical or emotional well-being; and the minor has
indicated an intent to sign a mutual agreement, as described in
subdivision (u) of Section 11400, with the responsible agency for
placement in a supervised setting as a nonminor dependent.
   (B) If the ward is a nonminor, he or she has signed a mutual
agreement, as described in subdivision (u) of Section
                             11400, with the responsible agency for
placement in a supervised setting as a nonminor dependent or has
signed a voluntary reentry agreement, as described in subdivision (z)
of Section 11400 for placement in a supervised setting as a nonminor
dependent.
   (b) A minor who is subject to the court's transition jurisdiction
shall be referred to as a transition dependent.
   (c) A youth subject to the court's transition jurisdiction who is
18 years of age or older shall be referred to as a nonminor
dependent.
  SEC. 62.  Section 727.3 of the Welfare and Institutions Code is
amended to read:
   727.3.  The purpose of this section is to provide a means to
monitor the safety and well-being of every minor in foster care who
has been declared a ward of the juvenile court pursuant to Section
601 or 602 and to ensure that everything reasonably possible is done
to facilitate the safe and early return of the minor to his or her
own home or to establish an alternative permanent plan for the minor.

   (a) (1) For every minor declared a ward and ordered to be placed
in foster care, a permanency planning hearing shall be conducted
within 12 months of the date the minor entered foster care, as
defined in paragraph (4) of subdivision (d) of Section 727.4.
Subsequent permanency planning hearings shall be conducted
periodically, but no less frequently than once every 12 months
thereafter during the period of placement. It shall be the duty of
the probation officer to prepare a written social study report
including an updated case plan and a recommendation for a permanent
plan, pursuant to subdivision (c) of Section 706.5, and submit the
report to the court prior to each permanency planning hearing,
pursuant to subdivision (b) of Section 727.4.
   (2) Prior to any permanency planning hearing involving a minor in
the physical custody of a community care facility or foster family
agency, the facility or agency may file with the court a report
containing its recommendations, in addition to the probation officer'
s social study. Prior to any permanency planning hearing involving
the physical custody of a foster parent, relative caregiver,
preadoptive parent, or legal guardian, that person may present to the
court a report containing his or her recommendations. The court
shall consider all reports and recommendations filed pursuant to this
subdivision.
   (3) If the minor has a continuing involvement with his or her
parents or legal guardians, the parents or legal guardians shall be
involved in the planning for a permanent placement. The court order
placing the minor in a permanent placement shall include a
specification of the nature and frequency of visiting arrangements
with the parents or legal guardians.
   (4) At each permanency planning hearing, the court shall order a
permanent plan for the minor, as described in subdivision (b). The
court shall also make findings, as described in subdivision (e) of
Section 727.2. In the case of a minor who has reached 16 years of age
or older, the court shall, in addition, determine the services
needed to assist the minor to make the transition from foster care to
independent living. The court shall make all of these determinations
on a case-by-case basis and make reference to the probation officer'
s report, the case plan, or other evidence relied upon in making its
decisions.
   (b) At all permanency planning hearings, the court shall determine
the permanent plan for the minor. The court shall order one of the
following permanent plans, which are, in order of priority:
   (1) Return of the minor to physical custody of the parent or legal
guardian. The court shall order the return of the minor to the
physical custody of his or her parent or legal guardian unless:
   (A) Reunification services were not offered, pursuant to
subdivision (b) of Section 727.2.
   (B) The court finds, by a preponderance of the evidence, that the
return of the minor to his or her parent or legal guardian would
create a substantial risk of detriment to the safety, protection, or
physical or emotional well-being of the minor. The probation
department shall have the burden of establishing that detriment. In
making its determination, the court shall review and consider the
social study report and recommendations pursuant to Section 706.5,
the report and recommendations of any child advocate appointed for
the minor in the case, and any other reports submitted pursuant to
paragraph (2) of subdivision (a), and shall consider the efforts or
progress, or both, demonstrated by the minor and family and the
extent to which the minor availed himself or herself of the services
provided.
   (2) Order that the permanent plan for the minor will be to return
the minor to the physical custody of the parent or legal guardian,
order further reunification services to be provided to the minor and
his or her parent or legal guardian for a period not to exceed six
months and continue the case for up to six months for a subsequent
permanency planning hearing, provided that the subsequent hearing
shall occur within 18 months of the date the minor was originally
taken from physical custody of his or her parent or legal guardian.
The court shall continue the case only if it finds that there is a
substantial probability that the minor will be returned to the
physical custody of his or her parent or legal guardian and safely
maintained in the home within the extended period of time or that
reasonable services have not been provided to the parent or guardian.
For purposes of this section, in order to find that there is a
substantial probability that the minor will be returned to the
physical custody of his or her parent or legal guardian, the court
shall be required to find that the minor and his or her parent or
legal guardian have demonstrated the capacity and ability to complete
the objectives of the case plan.
   The court shall inform the parent or legal guardian that if the
minor cannot be returned home by the next permanency planning
hearing, a proceeding pursuant to Section 727.31 may be initiated.
   The court shall not continue the case for further reunification
services if it has been 18 months or more since the date the minor
was originally taken from the physical custody of his or her parent
or legal guardian.
   (3) Identify adoption as the permanent plan and order that a
hearing be held within 120 days, pursuant to the procedures described
in Section 727.31. The court shall only set a hearing pursuant to
Section 727.31 if there is clear and convincing evidence that
reasonable services have been provided or offered to the parents.
When the court sets a hearing pursuant to Section 727.31, it shall
order that an adoption assessment report be prepared, pursuant to
subdivision (b) of Section 727.31.
   (4) Order a legal guardianship, pursuant to procedures described
in subdivisions (c) to (f), inclusive, of Section 728.
   (5) Place the minor with a fit and willing relative. "Placement
with a fit and willing relative" means placing the minor with an
appropriate relative on a permanent basis. When a minor is placed
with a fit and willing relative, the court may authorize the relative
to provide the same legal consent for the minor's medical, surgical,
and dental care, and education as the custodial parent of the minor.

   (6) Place the minor in a planned permanent living arrangement. A
"planned permanent living arrangement" means any permanent living
arrangement described in Section 11402 and not listed in paragraphs
(1) to (5), inclusive, such as placement in a specific, identified
foster family home, program, or facility on a permanent basis, or
placement in a transitional housing placement facility. When the
court places a minor in a planned permanent living arrangement, the
court shall specify the goal of the placement, which may include, but
shall not be limited to, return home, emancipation, guardianship, or
permanent placement with a relative.
   The court shall only order that the minor remain in a planned
permanent living arrangement if the court finds by clear and
convincing evidence, based upon the evidence already presented to it
that there is a compelling reason, as defined in subdivision (c), for
determining that a plan of termination of parental rights and
adoption is not in the best interest of the minor.
   (c) A compelling reason for determining that a plan of termination
of parental rights and adoption is not in the best interest of the
minor is any of the following:
   (1) Documentation by the probation department that adoption is not
in the best interest of the minor and is not an appropriate
permanency goal. That documentation may include, but is not limited
to, documentation that:
   (A) The minor is 12 years of age or older and objects to
termination of parental rights.
   (B) The minor is 17 years of age or older and specifically
requests that transition to independent living with the
identification of a caring adult to serve as a lifelong connection be
established as his or her permanent plan. On and after January 1,
2012, this includes a minor who requests that his or her transitional
independent living case plan include modification of his or her
jurisdiction to that of dependency jurisdiction pursuant to
subdivision (b) of Section 607.2 or subdivision (i) of Section 727.2,
or to that of transition jurisdiction pursuant to Section 450, in
order to be eligible as a nonminor dependent for the extended
benefits pursuant to Section 11403.
   (C) The parent or guardian and the minor have a significant bond,
but the parent or guardian is unable to care for the minor because of
an emotional or physical disability, and the minor's caregiver has
committed to raising the minor to the age of majority and
facilitating visitation with the disabled parent or guardian.
   (D) The minor agrees to continued placement in a residential
treatment facility that provides services specifically designed to
address the minor's treatment needs, and the minor's needs could not
be served by a less restrictive placement.
   The probation department's recommendation that adoption is not in
the best interest of the minor shall be based on the present family
circumstances of the minor and shall not preclude a different
recommendation at a later date if the minor's family circumstances
change.
   (2) Documentation by the probation department that no grounds
exist to file for termination of parental rights.
   (3) Documentation by the probation department that the minor is an
unaccompanied refugee minor, or there are international legal
obligations or foreign policy reasons that would preclude terminating
parental rights.
   (4) A finding by the court that the probation department was
required to make reasonable efforts to reunify the minor with the
family pursuant to subdivision (a) of Section 727.2, and did not make
those efforts.
   (5) Documentation by the probation department that the minor is
living with a relative who is unable or unwilling to adopt the minor
because of exceptional circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
minor, but who is willing and capable of providing the minor with a
stable and permanent home environment, and the removal of the minor
from the physical custody of his or her relative would be detrimental
to the minor's emotional well-being.
   (d) Nothing in this section shall be construed to limit the
ability of a parent to voluntarily relinquish his or her child to the
State Department of Social Services when it is acting as an adoption
agency or to a county adoption agency at any time while the minor is
a ward of the juvenile court if the department or county adoption
agency is willing to accept the relinquishment.
   (e) Any change in the permanent plan of a minor placed with a fit
and willing relative or in a planned permanent living arrangement
shall be made only by order of the court pursuant to a Section 778
petition or at a regularly scheduled and noticed status review
hearing or permanency planning hearing. Any change in the permanent
plan of a minor placed in a guardianship shall be made only by order
of the court pursuant to a motion filed in accordance with Section
728.
  SEC. 63.  Section 727.31 of the Welfare and Institutions Code is
amended to read:
   727.31.  (a) This section applies to all minors placed in
out-of-home care pursuant to Section 727.2 or 727.3 and for whom the
juvenile court orders a hearing to consider permanently terminating
parental rights to free the minor for adoption.
   Except for subdivision (j) of Section 366.26, the procedures for
permanently terminating parental rights for minors described by this
section shall proceed exclusively pursuant to Section 366.26.
   At the beginning of any proceeding pursuant to this section, if
the minor is not being represented by previously retained or
appointed counsel, the court shall appoint counsel to represent the
minor, and the minor shall be present in court unless the minor or
the minor's counsel so requests and the court so orders. If a parent
appears without counsel and is unable to afford counsel, the court
shall appoint counsel for the parent, unless this representation is
knowingly and intelligently waived. The same counsel shall not be
appointed to represent both the minor and the parent. Private counsel
appointed under this section shall receive a reasonable sum for
compensation and expenses as specified in subdivision (f) of
paragraph (3) of Section 366.26.
   (b) Whenever the court orders that a hearing pursuant to this
section shall be held, it shall direct the agency supervising the
minor and the county adoption agency, or the State Department of
Social Services when it is acting as an adoption agency, to prepare
an assessment that shall include all of the following:
   (1) Current search efforts for an absent parent or parents.
   (2) A review of the amount and nature of any contact between the
minor and his or her parents and other members of his or her extended
family since the time of placement. Although the extended family of
each minor shall be reviewed on a case-by-case basis, "extended
family" for the purpose of the paragraph shall include, but not be
limited to, the minor's siblings, grandparents, aunts, and uncles.
   (3) An evaluation of the minor's medical, developmental,
scholastic, mental, and emotional status.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history, including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the minor's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship. If a proposed guardian is a relative of the minor, the
assessment shall also consider, but need not be limited to, all of
the factors specified in subdivision (a) of Section 361.3 and Section
361.4.
   (5) The relationship of the minor to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or guardianship, a
statement from the minor concerning placement and the adoption or
guardianship, and whether the minor, if over 12 years of age, has
been consulted about the proposed relative guardianship arrangements,
unless the minor's age or physical, emotional, or other condition
precludes his or her meaningful response, and if so, a description of
the condition.
   (6) An analysis of the likelihood that the minor will be adopted
if parental rights are terminated.
   (c) A relative caregiver's preference for legal guardianship over
adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement. A relative caregiver shall be given information regarding
the permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption.
   (d) If at any hearing held pursuant to Section 366.26, a legal
guardianship is established for the minor with an approved relative
caregiver and juvenile court dependency is subsequently dismissed,
the minor shall be eligible for aid under the Kin-GAP Program, as
provided for in Article 4.5 (commencing with Section 11360) or
Article 4.7 (commencing with Section 11385), as applicable, of
Chapter 2 of Part 3 of Division 9.
   (e) For purposes of this section, "relative" means an adult who is
related to the child by blood, adoption, or affinity within the
fifth degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons,
even if the marriage was terminated by death or dissolution.
   (f) Whenever the court orders that a hearing pursuant to
procedures described in this section be held, it shall order that the
county adoption agency, or the State Department of Social Services
when it is acting as an adoption agency, has exclusive responsibility
for determining the adoptive placement and making all
adoption-related decisions.
   (g) If the court, by order of judgment declares the minor free
from the custody and control of both parents, or one parent if the
other does not have custody and control, the court shall at the same
time order the minor referred to the State Department of Social
Services when it is acting as an adoption agency or a county adoption
agency for adoptive placement by the agency. The order shall state
that responsibility for custody of the minor shall be held jointly by
the probation department and the State Department of Social Services
when it is acting as an adoption agency or the county adoption
agency. The order shall also state that the State Department of
Social Services when it is acting as an adoption agency or the county
adoption agency has exclusive responsibility for determining the
adoptive placement and for making all adoption-related decisions.
However, no petition for adoption may be granted until the appellate
rights of the natural parents have been exhausted.
   (h) The notice procedures for terminating parental rights for
minors described by this section shall proceed exclusively pursuant
to Section 366.23.
  SEC. 64.  Section 10101 of the Welfare and Institutions Code is
amended to read:
   10101.  (a) For the 1991-92 fiscal year and each fiscal year
thereafter, the state's share of the costs of the child welfare
program shall be 70 percent of the actual nonfederal expenditures for
the program or the amount appropriated by the Legislature for that
purpose, whichever is less.
   (b) Notwithstanding subdivision (a), beginning in the 2011-12
fiscal year, and for each fiscal year thereafter, funding and
expenditures for programs and activities under this section shall be
in accordance with the requirements provided in Sections 30025 and
30026.5 of the Government Code.
  SEC. 65.  Section 10101.2 of the Welfare and Institutions Code is
amended to read:
   10101.2.  (a) Prior to the 2011-12 fiscal year the state's share
of the costs for the support and care of former dependent children
who have been made wards of related guardians under Article 4.5
(commencing with Section 11360), or Article 4.7 (commencing with
Section 11385), of Chapter 2 of Part 3, shall be 79 percent of the
nonfederal share of the amounts as specified in Sections 11364 and
11387.
   (b) Notwithstanding subdivision (a), beginning in the 2011-12
fiscal year, and for each fiscal year thereafter, funding and
expenditures for programs and activities under this section shall be
in accordance with the requirements provided in Sections 30025 and
30026.5 of the Government Code.
  SEC. 66.  Section 10103 of the Welfare and Institutions Code is
amended to read:
   10103.  All federal funds under Title IV-B of the Social Security
Act, which are appropriated to the state shall be passed on to the
counties, except for those reasonable funds needed to finance a
required statewide information system.
  SEC. 67.  Section 10103.5 is added to the Welfare and Institutions
Code, to read:
   10103.5.  (a) Notwithstanding the age restrictions specified in
Sections 388, 450, 11253, 11363, 11386, 11403, 11403.2, 11405, and
16120, and subdivisions (r) and (v) of Section 11400, a nonminor
dependent, or nonminor former dependent, who has been receiving aid
pursuant to any of the programs specified in subdivision (b) between
January 1, 2012, and December 31, 2012, and who attains 19 years of
age prior to January 1, 2013, or who has been receiving that aid
between January 1, 2013, and December 31, 2013, and who attains 20
years of age prior to January 1, 2014, may continue to receive aid
under the applicable program up to 21 years of age, provided that the
nonminor dependent or nonminor former dependent continues to meet
all other applicable eligibility requirements as specified in Section
11403. This section shall not apply to nonminors who attain 19 years
of age prior to January 1, 2012.
   (b) This section applies to nonminors currently receiving aid, as
of the effective date of the act that added this section, pursuant to
any of the following provisions:
   (1) Article 4.5 (commencing with Section 11360) of Chapter 2 of
Part 3 of Division 9.
   (2) Article 4.7 (commencing with Section 11385) of Chapter 2 of
Part 3 of Division 9.
   (3) Article 5 (commencing with Section 11400) of Chapter 2 of Part
3 of Division 9.
   (4) Chapter 2.1 (commencing with Section 16115) of Part 4 of
Division 9.
   (5) Sections 11253 and 11405.
   (c) A nonminor who has not continuously received aid pursuant to
either paragraph (3) of subdivision (b) of this section, or Section
11253 between January 1, 2012, and December 31, 2012, due solely to
the fact that he or she attained 19 years of age prior to the
effective date of the act that added this section may petition the
court for reentry pursuant to subdivision (e) of Section 388. This
section shall not apply to nonminors who attain 19 years of age prior
to January 1, 2012. For a nonminor who has not continuously received
aid pursuant to paragraphs (1), (2), or (4) of subdivision (b) of
this section, or Section 11405, due solely to the fact that he or she
attained 19 years of age prior to the effective date that added this
section, the department, in consultation with the County Welfare
Directors Association, shall develop a process by which these youth
may resume benefits. The department shall seek to maximize federal
financial participation.
   (d) Notwithstanding any other law, and to the extent permitted by
federal law, a county shall not be precluded from seeking to draw
down federal funding on behalf of eligible nonminor dependents or
nonminor former dependents as described in subdivision (a), for whom
the county has provided aid using county-only funds, on and after
January 1, 2012.
  SEC. 68.  Section 10104 is added to the Welfare and Institutions
Code, to read:
   10104.  It is the intent of the Legislature to ensure that the
impacts of the 2011 realignment of child welfare services, foster
care, adoptions, and adult protective services programs are
identified and evaluated, initially and over time. It is further the
intent of the Legislature to ensure that information regarding these
impacts is publicly available and accessible and can be utilized to
support the state's and counties' effectiveness in delivering these
critical services and supports.
   (a) The State Department of Social Services shall annually report
to the appropriate fiscal and policy committees of the Legislature,
and publicly post on the department's Internet Web site, a summary of
outcome and expenditure data that allows for monitoring of changes
over time.
   (b) The report shall be submitted and posted by April 15 of each
year and shall contain expenditures for each county for the programs
described in clauses (i) to (vii), inclusive, of subparagraph (A) of
paragraph (9) of subdivision (f) of Section 30025 of the Government
Code.
   (c) The department shall consult with legislative staff and with
stakeholders to develop a reporting format consistent with the
Legislature's desired level of outcome and expenditure reporting
detail.
  SEC. 69.  Section 10553.1 of the Welfare and Institutions Code is
amended to read:
   10553.1.  (a) Notwithstanding any other provision of law, the
director may enter into an agreement, in accordance with Section 1919
of Title 25 of the United States Code, and consistent with Section
16000.6, with any California Indian tribe or any out-of-state Indian
tribe that has reservation lands that extend into this state,
consortium of tribes, or tribal organization, regarding the care and
custody of Indian children and jurisdiction over Indian child custody
proceedings, including, but not limited to, agreements that provide
for orderly transfer of jurisdiction on a case-by-case basis, for
exclusive tribal or state jurisdiction, or for concurrent
jurisdiction between the state and tribes.
   (b) (1) An agreement under subdivision (a) regarding the care and
custody of Indian children shall provide for the delegation to the
tribe, consortium of tribes, or tribal organization, of the
responsibility that would otherwise be the responsibility of the
county for the provision of child welfare services or assistance
payments under the AFDC-FC program, or both.
   (2) An agreement under subdivision (a) concerning the provision of
child welfare services shall ensure that a tribe, consortium of
tribes, or tribal organization, meets current service delivery
standards provided for under Chapter 5 (commencing with Section
16500) of Part 4, and provides the tribal matching share of costs
required by Section 10553.11.
   (3) An agreement under subdivision (a) concerning assistance
payments under the AFDC-FC program shall ensure that a tribe,
consortium of tribes, or tribal organization, meets current foster
care standards provided for under Article 5 (commencing with Section
11400) of Chapter 2 of Part 3, and provides the tribal matching share
of costs required by Section 10553.11.
   (4) An agreement under subdivision (a) concerning adoption
assistance shall ensure that a tribe, consortium of tribes, or tribal
organization, meets the current service delivery standards provided
for under Chapter 2.1 (commencing with
              Section 16115), and provides the tribal matching share
of costs, as required by Section 10553.11.
   (c) Upon the implementation date of an agreement authorized by
subdivision (b), the county that would otherwise be responsible for
providing the child welfare services or AFDC-FC payments specified in
the agreement as being provided by the tribe, consortium of tribes,
or tribal organization, shall no longer be subject to that
responsibility to children served under the agreement.
   (d) Upon the effective date of an agreement authorized by
subdivision (b), the tribe, consortium of tribes, or tribal
organization, shall comply with fiscal reporting requirements
specified by the department for federal and state reimbursement child
welfare or AFDC-FC services for programs operated under the
agreement.
   (e) An Indian tribe, consortium of tribes, or tribal organization,
that is a party to an agreement under subdivision (a), shall, in
accordance with the agreement, be eligible to receive allocations of
child welfare services funds.
   (f) Implementation of an agreement under subdivision (a) may not
be construed to impose liability upon, or to require indemnification
by, the participating county or the State of California for any act
or omission performed by an officer, agent, or employee of the
participating tribe, consortium of tribes, or tribal organization,
pursuant to this section.
  SEC. 70.  Section 10553.11 is added to the Welfare and Institutions
Code, to read:
   10553.11.  (a) Effective July 1, 2011, notwithstanding any other
provision of law or regulation, a tribe, consortium of tribes, or a
tribal organization that is operating a program pursuant to an
agreement with the department under Section 10553.1, shall be
responsible for the following share of costs:
   (1) For the adequate care of each child receiving AFDC-FC as
identified in subdivision (d) of Section 11450, the tribal share
shall be 60 percent of the nonfederal share. For nonfederally
eligible costs, the tribal share shall be 60 percent of the costs.
   (2) For administrative costs of administering the AFDC-FC program,
the tribal share shall be 30 percent of the nonfederal share. For
nonfederally eligible administrative costs, the tribal share shall be
30 percent of the costs.
   (3) For the provision of child welfare services pursuant to
Section 10101, the tribal share shall be 30 percent of the nonfederal
share. For nonfederally eligible costs, the tribal share shall be 30
percent of the costs.
   (4) For the provision of Title XIX child welfare services, the
tribal share shall be 30 percent of the nonfederal costs. For
services delivered by skilled professional medical personnel,
reimbursement may be claimed under Title XIX at an enhanced rate and
the tribal share shall be 30 percent of the nonfederal share.
   (5) For wraparound services approved by the department for
children described in Section 18250, the tribal share shall be 60
percent of the costs.
   (6) For the support and care of hard-to-place adoptive children,
the tribal share shall be 25 percent of the nonfederal share of the
amount specified in Section 16121. For nonfederally eligible
children, the tribal share shall be 25 percent of the costs.
   (7) For monthly visitation of children placed in group homes,
there shall be no tribal share.
   (8) For the support and care of former dependent children who have
been made wards of related guardians, the tribal share shall be 21
percent of the nonfederal share. For nonfederally eligible children,
the tribal share shall be 21 percent of the costs. There shall be no
tribal share for federally eligible administrative costs. For
nonfederally eligible administrative costs, the tribal share shall be
50 percent.
   (9) For the cost of extending aid pursuant to Section 11403 to
eligible nonminor dependents who have reached 18 years of age and who
are under the jurisdiction of the tribal program, the tribal share
shall be 21 percent of the nonfederal share.
   (b) Notwithstanding any other law or regulation, for programs,
services, or administrative costs provided pursuant to Section
10553.1, but for which the sharing ratios are not specified in this
section, the tribal share of costs shall be equal to the county
statutory share of costs as set forth in statutory sharing ratios for
each of these programs as in effect on June 30, 2011.
   (c) Notwithstanding any other law, for the purposes of this
section, the nonfederal costs for programs, services, or
administrative costs provided pursuant to Section 10553.1 shall be
borne by the tribe, consortium of tribes, or tribal organization, and
the state. However, in the event that an Indian child is transferred
from the tribal program to the jurisdiction of the county, the costs
for the child shall be borne by the county as for any other child
under the county's jurisdiction.
  SEC. 71.  Section 10601.2 of the Welfare and Institutions Code is
amended to read:
   10601.2.  (a) The State Department of Social Services shall
establish, by April 1, 2003, the California Child and Family Service
Review System, in order to review all county child welfare systems.
These reviews shall cover child protective services, foster care,
adoption, family preservation, family support, and independent
living.
   (b) Child and family service reviews shall maximize compliance
with the federal regulations for the receipt of money from Subtitle E
(commencing with Section 470) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 670 and following) and ensure compliance
with state plan requirements set forth in Subtitle B (commencing
with Section 421) of Title IV of the federal Social Security Act (42
U.S.C. Sec. 621 and following).
   (c) (1) The California Health and Human Services Agency shall
convene a workgroup comprised of representatives of the Judicial
Council, the State Department of Social Services, the State
Department of Health Care Services, the State Department of
Education, the State Department of Justice, any other state
departments or agencies the California Health and Human Services
Agency deems necessary, the County Welfare Directors Association, the
California State Association of Counties, the Chief Probation
Officers of California, the California Youth Connection, and
representatives of California tribes, interested child advocacy
organizations, researchers, and foster parent organizations. The
workgroup shall establish a workplan by which child and family
service reviews shall be conducted pursuant to this section,
including a process for qualitative peer reviews of case information.

   (2) At a minimum, in establishing the workplan, the workgroup
shall consider any existing federal program improvement plans entered
into by the state pursuant to federal regulations, the outcome
indicators to be measured, compliance thresholds for each indicator,
timelines for implementation, county review cycles, uniform
processes, procedures and review instruments to be used, a corrective
action process, and any funding or staffing increases needed to
implement the requirements of this section. The agency shall broadly
consider collaboration with all entities to allow the adequate
exchange of information and coordination of efforts to improve
outcomes for foster youth and families.
   (d) (1) The California Child and Family Service Review System
outcome indicators shall be consistent with the federal child and
family service review measures and standards for child and family
outcomes and system factors authorized by Subtitle B (commencing with
Section 421) and Subtitle E (commencing with Section 470) of Title
IV of the federal Social Security Act and the regulations adopted
pursuant to those provisions (Parts 1355 to 1357, inclusive, of Title
45 of the Code of Federal Regulations).
   (2) During the first review cycle pursuant to this section, each
county shall be reviewed according to the outcome indicators
established for the California Child and Family Service Review
System.
   (3) For subsequent reviews, the workgroup shall consider whether
to establish additional outcome indicators that support the federal
outcomes and any program improvement plan, and promote good health,
mental health, behavioral, educational, and other relevant outcomes
for children and families in California's child welfare services
system.
   (4) The workgroup shall convene as necessary to update the outcome
indicators described in paragraph (1).
   (e) The State Department of Social Services shall identify and
promote the replication of best practices in child welfare service
delivery to achieve the measurable outcomes established pursuant to
subdivision (d).
   (f) The State Department of Social Services shall provide
information to the Assembly and Senate Budget Committees and
appropriate legislative policy committees annually, beginning with
the 2002-03 fiscal year, on all of the following:
   (1) The department's progress in planning for the federal child
and family service review to be conducted by the United States
Department of Health and Human Services and, upon completion of the
federal review, the findings of that review, the state's response to
the findings, and the details of any program improvement plan entered
into by the state.
   (2) The department's progress in implementing the California child
and family service reviews, including, but not limited to, the
timelines for implementation, the process to be used, and any funding
or staffing increases needed at the state or local level to
implement the requirements of this section.
   (3) The findings and recommendations for child welfare system
improvements identified in county self-assessments and county system
improvement plans, including information on common statutory,
regulatory, or fiscal barriers identified as inhibiting system
improvements, any recommendations to overcome those barriers, and, as
applicable, information regarding the allocation and use of the
moneys provided to counties pursuant to subdivision (i).
   (g) Effective April 1, 2003, the existing county compliance review
system shall be suspended to provide to the State Department of
Social Services sufficient lead time to provide training and
technical assistance to counties for the preparation necessary to
transition to the new child and family service review system.
   (h) Beginning January 1, 2004, the department shall commence
individual child and family service reviews of California counties.
County child welfare systems that do not meet the established
compliance thresholds for the outcome measures that are reviewed
shall receive technical assistance from teams made up of state and
peer-county administrators to assist with implementing best practices
to improve their performance and make progress toward meeting
established levels of compliance.
   (i) (1) To the extent that funds are appropriated in the annual
Budget Act to enable counties to implement approaches to improving
their performance on the outcome indicators under this section, the
department, in consultation with counties, shall establish a process
for allocating the funds to counties.
   (2) The allocation process shall take into account, at a minimum,
the extent to which the proposed funding would be used for activities
that are reasonably expected to help the county make progress toward
the outcome indicators established pursuant to this section, and the
extent to which county funding for the Child Abuse, Prevention and
Treatment program is aligned with the outcome indicators.
   (3) To the extent possible, a county shall use funds in a manner
that enables the county to access additional federal, state, and
local funds from other available sources. However, a county's ability
to receive additional matching funds from these sources shall not be
a determining factor in the allocation process established pursuant
to this subdivision.
   (4) The department shall provide information to the appropriate
committees of the Legislature on the process established pursuant to
this subdivision for allocating funds to counties.
   (j) (1) Counties shall continue to be responsible for and
accountable to the department for child welfare program performance
measures, including all of the following:
   (A) The outcome and systemic factor measures contained in the
federal Department of Health and Human Services Child and Family
Services Review Procedures Manual, Appendix B, Index of Outcomes and
Systemic Factors, and Associated Items and Data Indicators, issued
pursuant to Sections 1355.34(b) and 1355.34(c) of Title 45 of the
Code of Federal Regulations.
   (B) Information and other requirements necessary for the
California Child and Family Service Review System, as required
pursuant to this section.
   (C) Monthly caseworker visits with a child in care.
   (D) Timeliness to begin an investigation of allegations of child
abuse or neglect.
   (E) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
other performance measures resulting from new federal mandates or
court decrees as specified in an all-county letter issued by the
department.
   (2) The department shall monitor, on an ongoing basis, county
performance on the measures specified in paragraph (1).
   (3) At least once every five years, the department shall conduct a
comprehensive review of county performance on the measures specified
in paragraph (1).
   (4) (A) The department shall periodically update the process
guides utilized by counties to prepare the self assessments and
system improvement plans to promote implementation and evaluation of
promising practices and use of data.
   (B) The process guides also shall include, but not be limited to,
both of the following:
   (i) County evaluation of demographics for the children and
families served and effectiveness of the system improvement
activities for these populations.
   (ii) A description of the process by which the department and
counties shall develop mutually agreed upon performance targets for
improvement.
   (5) The department, in consultation with counties, shall develop a
process for resolving any disputes regarding the establishment of
appropriate targets pursuant to the process provided in paragraph
(4).
   (6) A county shall submit an update to the department, no less
than annually, on its progress in achieving improvements from the
county's baseline for the applicable measure. The department may
require a county that has not met its performance targets to submit
and implement a corrective action plan, as determined by the
director.
   (k) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
required under this section shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the Government
Code.
  SEC. 72.  Section 10605 of the Welfare and Institutions Code is
amended to read:
   10605.  (a) If the director believes that a county is
substantially failing to comply with any provision of this code or
any regulation pertaining to any program administered by the
department, and the director determines that formal action may be
necessary to secure compliance, he or she shall inform the county
welfare director and the board of supervisors of that failure. The
notice to the county welfare director and board of supervisors shall
be in writing and shall allow the county a specified period of time,
not less than 30 days, to correct its failure to comply with the law
or regulations. If within the specified period the county does not
comply or provide reasonable assurances in writing that it will
comply within the additional time as the director may allow, the
director may take one or both of the following actions:
   (1) Bring an action for injunctive relief to secure immediate
compliance.
   Any county that is found to be failing to substantially comply
with the law or regulations pertaining to any program administered by
the department may be enjoined by any court of competent
jurisdiction. The court may make orders or judgments as may be
necessary to secure county compliance.
   (2) Order the county to appear at a hearing before the director to
show cause why the director should not take administrative action to
secure compliance. The county shall be given at least 30 days'
notice of the hearing. The director shall consider the case on the
record established at the hearing and, within 30 days, shall render
proposed findings and a proposed decision on the issues. The proposed
findings and decisions shall be submitted to the county, and the
county shall have the opportunity to appear within 10 days, at a time
and place as may be determined by the director, for the purpose of
presenting oral arguments respecting the proposed findings and
decisions. Thereupon, the director shall make final findings and
issue a final administrative decision.
   (b) If the director determines, based on the record established at
the hearing pursuant to paragraph (2) of subdivision (a), that the
county is failing to comply with laws or regulations pertaining to
any program administered by the department, or if the State Personnel
Board certifies to the director that a county is not in conformity
with established merit system standards under Part 2.5 (commencing
with Section 19800) of Division 5 of Title 2 of the Government Code,
and that administrative sanctions are necessary to secure compliance,
the director may invoke either of the following sanctions, except
that the sanctions shall not be invoked concurrently:
   (1) Except for child welfare services programs, withhold all or
part of state and federal funds from the county until the county
demonstrates to the director that it has complied.
   (2) (A) Assume, temporarily, direct responsibility for the
administration of all or part of any or all programs administered by
the department in the county until the time as the county provides
reasonable written assurances to the director of its intention and
ability to comply. During the period of direct state administrative
responsibility, the director or his or her authorized representative
shall have all of the powers and responsibilities of the county
director, except that he or she shall not be subject to the authority
of the board of supervisors.
   (B) (i) In the event that the director invokes sanctions pursuant
to this section, the county shall be responsible for providing any
funds as may be necessary for the continued operation of all programs
administered by the department in the county. If a county fails or
refuses to provide these funds, including a sufficient amount to
reimburse any and all costs incurred by the department in directly
administering any program in the county, the Controller may deduct an
amount certified by the director as necessary for the continued
operation of these programs by the department from any state or
federal funds payable to the county for any purpose.
   (ii) In the event of a state-imposed sanction, the amount of the
sanction shall be no greater than the amount of county funds that the
county would be required to contribute to fully match the state
General Fund allocation for the particular program or programs for
which the county is being sanctioned for those programs that are not
Public Safety Programs realigned pursuant to 2011 realignment
legislation.
   (iii) In the event of a state-imposed sanction pursuant to this
paragraph for the Public Safety Programs realigned pursuant to 2011
realignment legislation that are administered by the Department of
Social Services, the amount of the sanction shall be no greater than
the amount of funding originally provided to the county in the
2011-12 fiscal year for the particular program from the Protective
Services Subaccount within the Support Services Account of the Local
Revenue Fund 2011, as adjusted by the county's share of the
additional incremental funding provided pursuant to paragraph (2) of
subdivision (f) of Section 30027.5 of, paragraph (2) of subdivision
(f) of Section 30027.6 of, paragraph (2) of subdivision (f) of
Section 30027.7 of, and paragraph (2) of subdivision (f) of Section
30027.8 of, the Government Code, the estimated growth funding for the
program from the Support Services Growth Subaccount within the Sales
and Use Tax Growth Account, and any adjustment to the county
allocation pursuant to subdivisions (a) and (b) of Section 30029.5 of
the Government Code.
   (c) (1) The department is authorized to conduct or have conducted
audits and reviews in order to meet its obligations for child welfare
programs and to ensure the protection of children and families.
   (2) Except for cases in which there is a risk of immediate harm to
a minor, the department shall provide the county with at least
30-calendar days' notice of the department's intent to perform an
audit or review. This notice shall include the intended purpose,
scope, and timing of the audit or review.
   (3) The county shall have an opportunity to respond to the audit
or review and may request an extension of up to 30 calendar days,
that shall be granted by the director if there is good cause and
unless there is a risk of immediate harm to a minor. The request for
extension shall be submitted to the department within 10 business
days of receipt of the audit or review notice. The department, in
consultation with the California State Association of Counties, shall
develop a definition of good cause for the purposes of this section.

   (4) Nothing in the notice required by paragraph (2) shall be
construed to limit the authority of the department under federal or
state law to examine other information or records should that become
prudent or necessary during the course of the audit or review.
   (5) The county shall be presented with the audit or review
findings at the conclusion of the audit or review. The county shall
have 10 business days to provide a written response to the audit or
review findings. The department shall have 10 business days
thereafter to issue a final response to the county's written
response. Both the county response and the department's written
response shall be published as part of the audit or review and made
final.
   (6) The audit or review shall not result in a fiscal sanction to
the county, as defined in subdivision (b).
   (7) The department may impose a fiscal disallowance if there is a
finding of misappropriation of funding, and the county shall be
afforded due process as specified in subdivision (d).
   (d) (1) If the audit or review specified in subdivision (c)
results in a fiscal disallowance, the county may request a hearing
within 30 calendar days of the notice of sanction or finalized audit
or review. The hearing request shall be in writing and shall be known
as the Statement of Disputed Issues, which shall set forth the
issues in dispute, and the county's contentions as to those issues,
including any documentation to support the county's contentions. The
hearing shall take place before a hearing officer designated by the
director to examine any disputed audit or review finding.
   (A) Following the hearing, the hearing officer shall submit the
proposed final audit or review of the findings to the director. The
director may take any of the following actions:
   (i) Adopt the proposed findings with or without reading the
record. The findings shall be final upon adoption by the director.
   (ii) Reject the proposed findings and have findings prepared based
upon the documentation presented at the hearing.
   (iii) Refer the matter back to the hearing officer to receive
additional information and prepare new findings.
   (B) The final audit or review of the findings shall include the
county's Statement of Disputed Issues, including its accompanying
documentation. The final audit or review of the findings shall be
subject to judicial review.
   (e) Nothing in this section shall be construed as preventing the
department from bringing an action for writ of mandamus or any other
action in court as may be appropriate to ensure no interruption in
the provision of benefits to any person eligible therefore under
federal law, the provisions of this code or the regulations of the
department.
   (f) (1) Nothing in this section shall be construed as relieving
the board of supervisors of the responsibility to provide funds
necessary for the continued services required by law.
   (2) Nothing contained in this section shall be construed as
preventing a county from seeking judicial review of action taken by
the director pursuant to this section under Section 1094.5 of the
Code of Civil Procedure or, except in cases arising under Sections
10962 and 10963, from seeking injunctive relief when deemed
appropriate.
  SEC. 73.  Section 10606.2 is added to the Welfare and Institutions
Code, to read:
   10606.2.  (a) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement, interpret, or make specific the
amendments to this division made by the act that added this section
by means of all-county letters or similar instructions from the
department until regulations are adopted. The department shall adopt
emergency regulations no later than July 1, 2014. The department may
readopt any emergency regulation authorized by this section that is
the same as or substantially equivalent to an emergency regulation
previously adopted under this section.
   (b) The initial adoption of emergency regulations pursuant to this
section and one readoption of emergency regulations shall be deemed
an emergency and necessary for the immediate preservation of the
public peace, health, safety, or general welfare. Initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be exempt from review by the Office
of Administrative Law. The initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State and each shall remain in effect for no more than
180 days, by which time final regulations may be adopted.
   (c) (1) Notwithstanding the rulemaking provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, for purposes of child welfare services programs
and activities described in Divisions 2 and 9 of the Welfare and
Institutions Code and in Division 13 of the Family Code, the
department may, after consultation with counties and other
appropriate stakeholders, make rule
            changes by means of all-county letters of similar
instructions from the department pending enactment of state
legislation only when necessary to conform to newly enacted federal
law and only when both of the following conditions exist:
   (A) The newly enacted federal law does not provide for delayed
implementation pending state legislation, and existing state law
either: (i) is inconsistent with the newly enacted federal law, or
(ii) does not address the subject matter associated with the newly
enacted federal law.
   (B) The rule change is necessary to retain or maximize federal
financial participation that is impacted by the newly enacted federal
law.
   (2) Any all-county letter or similar instruction issued by the
department pursuant to this subdivision shall expire 15 months after
issuance by the department unless state legislation ratifying the
rule changes has been enacted.
  SEC. 74.  Section 10609.3 of the Welfare and Institutions Code is
amended to read:
   10609.3.  (a) By January 1, 1995, the State Department of Social
Services shall complete, in consultation with county Independent
Living Program administrators, placement agencies, providers,
advocacy groups, and community groups, a comprehensive evaluation of
the Independent Living Program established pursuant to the federal
Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law
99-272) and develop recommendations available to the public on how
independent living services could better prepare foster youth for
independence and adulthood.
   (b) The department shall investigate alternative transition
housing models for youth between the ages of 17 and 18 who are in
out-of-home placements under the supervision of the county department
of social services or county probation department. To the extent
federal funds are available and it is in the best interests of the
children, the department shall develop and implement a transitional
housing model for youth who are preparing for emancipation from
foster care.
   (c) The department shall also investigate alternative transition
models for youth discharged from foster care to live on their own. As
part of this investigation, the department shall consider the needs
of youth for housing, transportation, health care, access to
community resources, employment, and other support services.
   (d) The department shall, with the approval of the federal
government, amend the foster care state plan, provided for pursuant
to Subtitle IV-E (commencing with Section 470) of the federal Social
Security Act (42 U.S.C. Sec. 670, et seq.), and the child welfare
services state plan (42 U.S.C. Sec. 622), to permit all eligible
children be served by the Independent Living Program up to the age of
21 years.
   (e) (1) Counties shall maintain a stipend to supplement and not
supplant the Independent Living Program. The stipend may provide for,
but not be limited to, assisting youth who have exited the foster
care system at or after 18 years of age with the following
independent living needs:
   (A) Bus passes.
   (B) Housing rental deposits and fees.
   (C) Housing utility deposits and fees.
   (D) Work-related equipment and supplies.
   (E) Training-related equipment and supplies.
   (F) Education-related equipment and supplies.
   (2) Notwithstanding Section 10101, the state shall pay 100 percent
of the nonfederal costs associated with the stipend program in
paragraph (1), subject to the availability of funding provided in the
annual Budget Act.
   (3) Notwithstanding paragraph (2), beginning in the 2011-12 fiscal
year, and for each fiscal year thereafter, funding and expenditures
for programs and activities under this section shall be in accordance
with the requirements provided in Sections 30025 and 30026.5 of the
Government Code.
  SEC. 75.  Section 10609.4 of the Welfare and Institutions Code is
amended to read:
   10609.4.  (a) On or before July 1, 2000, the State Department of
Social Services, in consultation with county and state
representatives, foster youth, and advocates, shall do both of the
following:
   (1) Develop statewide standards for the implementation and
administration of the Independent Living Program established pursuant
to the federal Consolidated Omnibus Budget Reconciliation Act of
1985 (Public Law 99-272).
   (2) Define the outcomes for the Independent Living Program and the
characteristics of foster youth enrolled in the program for data
collection purposes.
   (b) Consistent with federal law and reporting requirements, each
county department of social services shall submit to the department
an annual Independent Living Program report, which shall include the
following:
   (1) An accounting of federal and state funds expended for
implementation of the program. A county shall spend no more than 30
percent of federal Independent Living Program funds on housing.
Expenditures shall be related to the specific purposes of the
program. It is the intent of the Legislature that the department, in
consultation with counties, shall develop a process for reporting
that satisfies federal law and reporting requirements. Program
purposes may include, but are not limited to, all of the following:
   (A) Enabling participants to seek a high school diploma or its
equivalent or to take part in appropriate vocational training, and
providing job readiness training and placement services, or building
work experience and marketable skills, or both.
   (B) Providing training in daily living skills, budgeting, locating
and maintaining housing, and career planning.
   (C) Providing for individual and group counseling.
   (D) Integrating and coordinating services otherwise available to
participants.
   (E) Providing each participant with a written transitional
independent living plan that will be based on an assessment of his or
her needs, that includes information provided by persons who have
been identified by the participant as important to the participant in
cases in which the participant has been in out-of-home placement for
six months or longer from the date the participant entered foster
care, consistent with the participant's best interests, and that will
be incorporated into his or her case plan.
   (F) Providing participants who are within 90 days of attaining 18
years of age, or older as the state may elect under Section 475(8)(B)
(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)
(iii)), including those former foster care youth receiving
Independent Living Program Aftercare Services, the opportunity to
complete the exit transition plan as required by paragraph (16) of
subdivision (f) of Section 16501.1.
   (G) Providing participants with other services and assistance
designed to improve independent living.
   (H) Convening persons who have been identified by the participant
as important to him or her for the purpose of providing information
to be included in his or her written transitional independent living
plan.
   (2) Counties shall ensure timely and accurate data entry into the
Child Welfare Services/Case Management System (CWS/CMS) for all youth
receiving services pursuant to this section.
   (3) Counties shall ensure that eligible foster care youth continue
to receive information about, and are provided with an opportunity
to complete, the National Youth in Transition Database (NYTD) survey,
based on an updated process that shall be developed jointly by the
department, in consultation with counties to ensure maximum
participation in the survey completion and compliance with federal
requirements, as follows:
   (A) Counties shall provide information to the youth about the NYTD
survey within 60 days prior to the date the current or former foster
youth is required to be offered the survey.
   (B) Within 45 days following the youth in foster care turning 17
years of age, counties shall ensure that each youth has an
opportunity to complete the NYTD survey as required by federal law.
   (C) Counties shall contact the youth who completed the survey at
age 17, in order to request that they complete the followup survey
before their 19th and 21st birthdays.
   (D) Counties shall provide opportunities for current and former
eligible foster youth to take the NYTD survey online at child welfare
services and probation offices.
   (c) The county department of social services in a county that
provides transitional housing placement services pursuant to
paragraph (2) of subdivision (a) of Section 11403.2 shall include in
its annual Independent Living Program report a description of
currently available transitional housing resources in relation to the
number of emancipating pregnant or parenting foster youth in the
county, and a plan for meeting any unmet transitional housing needs
of the emancipating pregnant or parenting foster youth.
   (d) In consultation with the department, a county may use
different methods and strategies to achieve the standards and
outcomes of the Independent Living Program developed pursuant to
subdivision (a).
   (e) In consultation with the County Welfare Directors Association,
the California Youth Connection, and other stakeholders, the
department shall develop and adopt emergency regulations, no later
than July 1, 2012, in accordance with Section 11346.1 of the
Government Code that counties shall be required to meet when
administering the Independent Living Program and that are achievable
within existing program resources and any federal funds available for
case management and case plan review functions for nonminor
dependents, as provided for in the federal Fostering Connections to
Success and Increasing Adoptions Act of 2008 (Public Law 110-351).
The initial adoption of emergency regulations and one readoption of
the initial regulations shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health
and safety, or general welfare. Initial emergency regulations and the
first readoption of those regulations shall be exempt from review by
the Office of Administrative Law. The initial emergency regulations
and the first readoption of those regulations authorized by this
subdivision shall be submitted to the Office of Administrative Law
for filing with the Secretary of State and each shall remain in
effect for no more than 180 days.
   (f) The department, in consultation with representatives of the
Legislature, the County Welfare Directors Association, the Chief
Probation Officers of California, the Judicial Council,
representatives of tribes, the California Youth Connection, former
foster youth, child advocacy organizations, labor organizations,
dependency counsel for children, juvenile justice advocacy
organizations, foster caregiver organizations, and researchers, shall
review and develop modifications needed to the Independent Living
Program to also serve the needs of nonminor dependents, as defined in
subdivision (v) of Section 11400, eligible for services pursuant to
Section 11403. These modifications shall include the exit transition
plan required to be completed within the 90-day period immediately
prior to the date the nonminor participant attains the age that would
qualify the participant for federal financial participation, as
described in Section 11403, pursuant to Section 675(5)(H) of Title 42
of the United States Code. Notwithstanding the Administrative
Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, through June 30,
2012, the department shall prepare for implementation of the
applicable provisions of this section by publishing all-county
letters or similar instructions from the director by October 1, 2011,
to be effective January 1, 2012.
   (g) Beginning in the 2011-12 fiscal year and for each fiscal year
thereafter, funding and expenditures for programs and activities
required under this section shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the Government
Code.
  SEC. 76.  Section 10609.9 of the Welfare and Institutions Code is
amended to read:
   10609.9.  (a) (1) Funds designated for child welfare services
outcome improvements shall be flexible and may be spent on local
priorities identified in the county's system improvement plan,
including, but not limited to, any of the following:
   (A) Reducing high worker caseloads.
   (B) Clerical or paraprofessional support.
   (C) Direct services to clients, such as mental health or substance
abuse treatment.
   (D) Prevention and early intervention services, such as
differential response.
   (E) Permanency and youth transition practice improvements.
   (F) Any other investments to better serve children and families,
which may include services to support older youth in foster care,
such as mentoring services.
   (2) It is the intent of the Legislature that these funds be linked
to improved outcomes, and provided to counties on an ongoing basis.
   (b) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
  SEC. 77.  Section 11214 of the Welfare and Institutions Code is
repealed.
  SEC. 78.  Section 11215 of the Welfare and Institutions Code is
repealed.
  SEC. 79.  Section 11400 of the Welfare and Institutions Code is
amended to read:
   11400.  For the purposes of this article, the following
definitions shall apply:
   (a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)"
means the aid provided on behalf of needy children in foster care
under the terms of this division.
   (b) "Case plan" means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet the
child's needs. It shall also include the agency's plan for ensuring
that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child's family, and the foster parents, in
order to meet the child's needs while in foster care, and to reunify
the child with the child's family. In addition, the plan shall
specify the services that will be provided or steps that will be
taken to facilitate an alternate permanent plan if reunification is
not possible.
   (c) "Certified family home" means a family residence certified by
a licensed foster family agency and issued a certificate of approval
by that agency as meeting licensing standards, and used only by that
foster family agency for placements.
   (d) "Family home" means the family residency of a licensee in
which 24-hour care and supervision are provided for children.
   (e) "Small family home" means any residential facility, in the
licensee's family residence, which provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities.
   (f) "Foster care" means the 24-hour out-of-home care provided to
children whose own families are unable or unwilling to care for them,
and who are in need of temporary or long-term substitute parenting.
   (g) "Foster family agency" means any individual or organization
engaged in the recruiting, certifying, and training of, and providing
professional support to, foster parents, or in finding homes or
other places for placement of children for temporary or permanent
care who require that level of care as an alternative to a group
home. Private foster family agencies shall be organized and operated
on a nonprofit basis.
   (h) "Group home" means a nondetention privately operated
residential home, organized and operated on a nonprofit basis only,
of any capacity, or a nondetention licensed residential care home
operated by the County of San Mateo with a capacity of up to 25 beds,
that provides services in a group setting to children in need of
care and supervision, as required by paragraph (1) of subdivision (a)
of Section 1502 of the Health and Safety Code.
   (i) "Periodic review" means review of a child's status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child's return home
or establishment of alternative permanent placement.
   (j) "Permanency planning hearing" means a hearing conducted by the
juvenile court in which the child's future status, including whether
the child shall be returned home or another permanent plan shall be
developed, is determined.
   (k) "Placement and care" refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken
responsibility, pursuant to a relinquishment or termination of
parental rights on a child, (3) taken the responsibility of
supervising a child detained by the juvenile court pursuant to
Section 319 or 636, or (4) signed a voluntary placement agreement for
the child's placement; or to the responsibility designated to an
individual by virtue of his or her being appointed the child's legal
guardian.
   (l) "Preplacement preventive services" means services that are
designed to help children remain with their families by preventing or
eliminating the need for removal.
   (m) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand" or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.
   (n) "Nonrelative extended family member" means an adult caregiver
who has an established familial or mentoring relationship with the
child, as described in Section 362.7.
   (o) "Voluntary placement" means an out-of-home placement of a
child by (1) the county welfare department, probation department, or
Indian tribe that has entered into an agreement pursuant to Section
10553.1, after the parents or guardians have requested the assistance
of the county welfare department and have signed a voluntary
placement agreement; or (2) the county welfare department licensed
public or private adoption agency, or the department acting as an
adoption agency, after the parents have requested the assistance of
either the county welfare department, the licensed public or private
adoption agency, or the department acting as an adoption agency for
the purpose of adoption planning, and have signed a voluntary
placement agreement.
   (p) "Voluntary placement agreement" means a written agreement
between either the county welfare department, probation department,
or Indian tribe that has entered into an agreement pursuant to
Section 10553.1, licensed public or private adoption agency, or the
department acting as an adoption agency, and the parents or guardians
of a child that specifies, at a minimum, the following:
   (1) The legal status of the child.
   (2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.
   (q) "Original placement date" means the most recent date on which
the court detained a child and ordered an agency to be responsible
for supervising the child or the date on which an agency assumed
responsibility for a child due to termination of parental rights,
relinquishment, or voluntary placement.
   (r) (1) "Transitional housing placement provider" means an
organization licensed by the State Department of Social Services
pursuant to Section 1559.110 of the Health and Safety Code, to
provide transitional housing to foster children at least 16 years of
age and not more than 18 years of age, and nonminor dependents, as
defined in subdivision (v). A transitional housing placement provider
shall be privately operated and organized on a nonprofit basis.
   (2) Prior to licensure, a provider shall obtain certification from
the applicable county, in accordance with Section 16522.1.
   (s) "Transitional Housing Program-Plus" means a provider certified
by the applicable county, in accordance with subdivision (c) of
Section 16522, to provide transitional housing services to former
foster youth who have exited the foster care system on or after their
18th birthday.
   (t) "Whole family foster home" means a new or existing family
home, approved relative caregiver or nonrelative extended family
member's home, the home of a nonrelated legal guardian whose
guardianship was established pursuant to Section 360 or 366.26,
certified family home, or a host family home placement of a
transitional housing placement provider, that provides foster care
for a minor or nonminor dependent parent and his or her child, and is
specifically recruited and trained to assist the minor or nonminor
dependent parent in developing the skills necessary to provide a
safe, stable, and permanent home for his or her child. The child of
the minor or nonminor dependent parent need not be the subject of a
petition filed pursuant to Section 300 to qualify for placement in a
whole family foster home.
   (u) "Mutual agreement" means a written voluntary agreement of
consent for continued placement and care in a supervised setting
between a minor or, on and after January 1, 2012, a nonminor
dependent, and the county welfare services or probation department or
tribal agency responsible for the foster care placement, that
documents the nonminor's continued willingness to remain in
supervised out-of-home placement under the placement and care of the
responsible county or tribal agency, remain under the jurisdiction of
the juvenile court as a nonminor dependent, and report any change of
circumstances relevant to continued eligibility for foster care
payments, and that documents the nonminor's and social worker's or
probation officer's agreement to work together to facilitate
implementation of the mutually developed supervised placement
agreement and transitional independent living case plan.
   (v) "Nonminor dependent" means, on and after January 1, 2012, a
foster child, as described in Section 675(8)(B) of Title 42 of the
United States Code under the federal Social Security Act who is a
current dependent child or ward of the juvenile court, or a nonminor
under the transition jurisdiction of the juvenile court, as described
in Section 450, who satisfies all of the following criteria:
   (1) He or she has attained 18 years of age while under an order of
foster care placement by the juvenile court, and is not more than 19
years of age on or after January 1, 2012, not more than 20 years of
age on or after January 1, 2013, or not more than 21 years of age on
or after January 1, 2014.
   (2) He or she is in foster care under the placement and care
responsibility of the county welfare department, county probation
department, or Indian tribe that entered into an agreement pursuant
to Section 10553.1.
   (3) He or she is participating in a transitional independent
living case plan pursuant to Section 475(8) of the federal Social
Security Act (42 U.S.C. Sec. 675(8)), as contained in the federal
Fostering Connections to Success and Increasing Adoptions Act of 2008
(Public Law 110-351), as described in Section 11403.
   (w) "Supervised independent living placement" means, on and after
January 1, 2012, an independent supervised setting, as specified in a
nonminor dependent's transitional independent living case plan, in
which the youth is living independently, pursuant to Section 472(c)
(2) of the Social Security Act (42 U.S.C. Sec. 672(c)(2)).
   (x) "Supervised independent living setting," pursuant to Section
472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)
(2)), includes both a supervised independent living placement, as
defined in subdivision (w), and a residential housing unit certified
by the transitional housing placement provider operating a
Transitional Housing Placement-Plus Foster Care program, as described
in paragraph (2) of subdivision (a) of Section 16522.1.
   (y) "Transitional independent living case plan" means, on or after
January 1, 2012, the nonminor dependent's case plan, updated every
six months, that describes the goals and objectives of how the
nonminor will make progress in the transition to living independently
and assume incremental responsibility for adult decisionmaking, the
collaborative efforts between the nonminor and the social worker,
probation officer, or Indian tribe and the supportive services as
described in the transitional independent living plan (TILP) to
ensure active and meaningful participation in one or more of the
eligibility criteria described in subdivision (b) of Section 11403,
the nonminor's appropriate supervised placement setting, and the
nonminor's permanent plan for transition to living independently,
which includes maintaining or obtaining permanent connections to
caring and committed adults, as set forth in paragraph (16) of
subdivision (f) of Section 16501.1.
   (z) "Voluntary reentry agreement" means a written voluntary
agreement between a former dependent child or ward or a former
nonminor dependent, who has had juvenile court jurisdiction
terminated pursuant to Section 391, 452 or 607.2, and the county
welfare or probation department or tribal placing agency that
documents the nonminor's desire and willingness to reenter foster
care, to be placed in a supervised setting under the placement and
care responsibility of the placing agency, the nonminor's desire,
willingness, and ability to immediately participate in one or more of
the conditions of paragraphs (1) to (5), inclusive, of subdivision
(b) of Section 11403, the nonminor's agreement to work
collaboratively with the placing agency to develop his or her
transitional independent living case plan within 60 days of reentry,
the nonminor's agreement to report any changes of circumstances
relevant to continued eligibility for foster care payments, and the
nonminor's agreement to participate in the filing of a petition for
juvenile court jurisdiction as a nonminor dependent pursuant to
subdivision (e) of Section 388 within 15 judicial days of the signing
of the agreement and the placing agency's efforts and supportive
services to assist the nonminor in the reentry process.
  SEC. 80.  Section 11402 of the Welfare and Institutions Code, as
amended by Section 32 of Chapter 459 of the Statutes of 2011, is
amended to read:
                 11402.  In order to be eligible for AFDC-FC, a child
or nonminor dependent shall be placed in one of the following:
   (a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
   (b) (1) The licensed family home of a nonrelative.
   (2) The approved home of a nonrelative extended family member as
described in Section 362.7.
   (c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
   (d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
   (e) An exclusive-use home.
   (f) A housing model certified by a licensed transitional housing
placement provider, as described in Section 1559.110 of the Health
and Safety Code, and as defined in subdivision (r) of Section 11400.
   (g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
   (h) A licensed crisis nursery, as described in Section 1516 of the
Health and Safety Code, and as defined in subdivision (a) of Section
11400.1.
   (i) A supervised independent living setting for nonminor
dependents, as defined in subdivision (x) of Section 11400.
   (j) This section shall remain in effect only until July 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2012, deletes or extends that date.
  SEC. 81.  Section 11402 of the Welfare and Institutions Code, as
amended by Section 33 of Chapter 459 of the Statutes of 2011, is
amended to read:
   11402.  In order to be eligible for AFDC-FC, a child or nonminor
dependent shall be placed in one of the following:
   (a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
   (b) (1) The licensed family home of a nonrelative.
   (2) The approved home of a nonrelative extended family member as
described in Section 362.7.
   (c) A licensed group home, as defined in subdivision (h) of
Section 11400, provided that the placement worker has documented that
the placement is necessary to meet the treatment needs of the child
and that the facility offers those treatment services.
   (d) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
   (e) An exclusive-use home.
   (f) A housing model certified by a licensed transitional housing
placement provider as described in Section 1559.110 of the Health and
Safety Code and as defined in subdivision (r) of Section 11400.
   (g) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
   (h) An approved supervised independent living setting for nonminor
dependents, as defined in subdivision (w) of Section 11400.
   (i) This section shall become operative on July 1, 2012.
  SEC. 82.  Section 11402.6 of the Welfare and Institutions Code is
amended to read:
   11402.6.  (a) The federal government has provided the state with
the option of including in its state plan children placed in a
private facility operated on a for-profit basis.
   (b) For children for whom the county placing agency has exhausted
all other placement options, notwithstanding subdivision (h) of
Section 11400 and subject to Section 15200.5, a child who is
otherwise eligible for federal financial participation in the AFDC-FC
payment shall be eligible for aid under this chapter when the child
is placed in a for-profit child care institution and meets all of the
following criteria, which shall be clearly documented in the county
welfare department case file:
   (1) The child has extraordinary and unusual special behavioral or
medical needs that make the child difficult to place, including, but
not limited to, being medically fragile, brittle diabetic, having
severe head injuries, a dual diagnosis of mental illness and
substance abuse or a dual diagnosis of developmental delay and mental
illness.
   (2) No other comparable private nonprofit facility or public
licensed residential care home exists in the state that is willing to
accept placement and is capable of meeting the child's extraordinary
special needs.
   (3) The county placing agency has demonstrated that no other
alternate placement option exists for the child.
   (4) The child has a developmental disability and is eligible for
both federal AFDC-FC payments and for regional center services.
   (c) Federal financial participation shall be provided pursuant to
Section 11402 for children described in subdivision (a) subject to
all of the following conditions, which shall be clearly documented in
the county welfare department case file.
   (1) The county placing agency enters into a performance-based
placement agreement with the for-profit facility to ensure the
facility is providing services to improve the safety, permanency, and
well-being outcomes of the placed children pursuant to Section
10601.2.
   (2) The county placing agency will require the facility to ensure
placement in the child's community to the degree possible to enhance
ongoing connections with the child's family and to promote the
establishment of lifelong connections with committed adults.
   (3) The county placing agency monitors and reviews the facility's
outcome performance indicators every six months.
   (4) In no event shall federal financial participation in this
placement exceed a 12-month period.
   (5) Payments made under this section shall not be made on behalf
of any more than five children in a county at any one time.
   (6) Payments made under this section shall be made pursuant to
Sections 4684 and 11464, and only to a group home that is an approved
vendor of a regional center.
   (d) This section shall be implemented only during a federal fiscal
year in which the department determines that no restriction on
federal matching AFDC-FC payment exists.
   (e) As used in this section, "child care institution" means a
nondetention facility that has been licensed in accordance with the
California Community Care Facilities Act (Chapter 3 (commencing with
Section 1500) of Division 2 of the Health and Safety Code), and that
has a licensed capacity not exceeding 25 children.
   (f) The county placing agency shall review and report to the
juvenile court at every six-month case plan update if this placement
remains appropriate and necessary and what the plan is for discharge
to a less restrictive placement.
   (g) Notwithstanding subdivision (d) or any other provision of law,
this section shall not be implemented before July 1, 2010.
   (h) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
  SEC. 83.  Section 11403 of the Welfare and Institutions Code is
amended to read:
   11403.  (a) It is the intent of the Legislature to exercise the
option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)),
and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the federal
Social Security Act, as contained in the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351), to receive federal financial participation for nonminor
dependents of the juvenile court who satisfy the conditions of
subdivision (b), consistent with their transitional independent
living case plan. Effective January 1, 2012, these nonminor
dependents shall be eligible to receive support up to 19 years of
age, effective January 1, 2013, up to 20 years of age, and effective
January 1, 2014, up to 21 years of age, consistent with their
transitional independent living case plan. It is the intent of the
Legislature both at the time of initial determination of the nonminor
dependent's eligibility and throughout the time the nonminor
dependent is eligible for aid pursuant to this section, that the
social worker or probation officer or Indian tribe and the nonminor
dependent shall work together to ensure the nonminor dependent's
ongoing eligibility. All case planning shall be a collaborative
effort between the nonminor dependent and the social worker,
probation officer, or Indian tribe, with the nonminor dependent
assuming increasing levels of responsibility and independence.
   (b) A nonminor dependent receiving aid pursuant to this chapter,
who satisfies the age criteria set forth in subdivision (a), shall
meet the legal authority for placement and care by being under a
foster care placement order by the juvenile court, or the voluntary
reentry agreement as set forth in subdivision (z) of Section 11400,
and is otherwise eligible for AFDC-FC payments pursuant to Section
11401. A nonminor who satisfies the age criteria set forth in
subdivision (a), and who is otherwise eligible, shall continue to
receive CalWORKs payments pursuant to Section 11253 or, as a nonminor
former dependent or ward, aid pursuant to Kin-GAP under Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) or adoption assistance payments as specified in
Chapter 2.1 (commencing with Section 16115) of Part 4. Effective
January 1, 2012, a nonminor former dependent child or ward of the
juvenile court who is receiving AFDC-FC benefits pursuant to Section
11405 shall be eligible to continue to receive aid up to 19 years of
age, effective January 1, 2013, up to 20 years of age, and effective
January 1, 2014, up to 21 years of age, as long as the nonminor is
otherwise eligible for AFDC-FC benefits under this subdivision. This
subdivision shall apply when one or more of the following conditions
exist:
   (1) The nonminor is completing secondary education or a program
leading to an equivalent credential.
   (2) The nonminor is enrolled in an institution which provides
postsecondary or vocational education.
   (3) The nonminor is participating in a program or activity
designed to promote, or remove barriers to employment.
   (4) The nonminor is employed for at least 80 hours per month.
   (5) The nonminor is incapable of doing any of the activities
described in subparagraphs (1) to (4), inclusive, due to a medical
condition, and that incapability is supported by regularly updated
information in the case plan of the nonminor. The requirement to
update the case plan under this paragraph shall not apply to nonminor
former dependents or wards in receipt of Kin-GAP program or Adoption
Assistance Program payments.
   (c) The county child welfare or probation department or Indian
tribe that has entered into an agreement pursuant to Section 10553.1,
shall work together with a nonminor dependent who is in foster care
on his or her 18th birthday and thereafter or a nonminor former
dependent receiving aid pursuant to Section 11405, to satisfy one or
more of the conditions described in paragraphs (1) to (5), inclusive,
of subdivision (b) and shall certify the nonminor's applicable
condition or conditions in the nonminor's six-month transitional
independent living case plan update, and provide the certification to
the eligibility worker and to the court at each six-month case plan
review hearing for the nonminor dependent. Relative guardians who
receive Kin-GAP payments and adoptive parents who receive adoption
assistance payments shall be responsible for reporting to the county
welfare agency that the nonminor does not satisfy at least one of the
conditions described in subdivision (b). The social worker,
probation officer, or tribe shall verify and obtain assurances that
the nonminor dependent continues to satisfy at least one of the
conditions in paragraphs (1) to (5), inclusive, of subdivision (b) at
each six-month transitional independent living case plan update. The
six-month case plan update shall certify the nonminor's eligibility
pursuant to subdivision (b) for the next six-month period. During the
six-month certification period, the payee and nonminor shall report
any change in placement or other relevant changes in circumstances
that may affect payment. The nonminor dependent or nonminor former
dependent receiving aid pursuant to Section 11405 shall be informed
of all due process requirements, in accordance with state and federal
law, prior to an involuntary termination of aid, and shall
simultaneously be provided with a written explanation of how to
exercise his or her due process rights and obtain referrals to legal
assistance. Any notices of action regarding eligibility shall be sent
to the nonminor dependent or former dependent, his or her counsel,
and the placing worker, in addition to any other payee.
   (d) A nonminor dependent may receive all of the payment directly
provided that the nonminor is living independently in a supervised
setting, and that both the youth and the agency responsible for the
foster care placement have signed a mutual agreement, as defined in
subdivision (u) of Section 11400, if the youth is capable of making
an informed agreement, that documents the continued need for
supervised out-of-home placement, and the nonminor's and social
worker's or probation officer's agreement to work together to
facilitate implementation of the mutually developed supervised
placement agreement and transitional independent living case plan.
   (e) Eligibility for aid under this section shall not terminate
until the nonminor attains the age criteria, as set forth in
subdivision (a), but aid may be suspended when the nonminor no longer
resides in an eligible facility, as described in Section 11402, or
terminated at the request of the nonminor or after a court terminates
dependency jurisdiction pursuant to Section 391, delinquency
jurisdiction pursuant to Section 607.2, or transition jurisdiction
pursuant to Section 452. Aid may be resumed at the request of the
nonminor by completing a voluntary reentry agreement pursuant to
subdivision (z) of Section 11400, followed by, or concurrently with,
a petition filed pursuant to subdivision (e) of Section 388 or after
a court terminates dependency jurisdiction pursuant to Section 391,
or delinquency jurisdiction pursuant to Section 607.2. The county
welfare or probation department or Indian tribe that has entered into
an agreement pursuant to Section 10553.1 shall complete the
voluntary reentry agreement with the nonminor who agrees to satisfy
the criteria of the agreement, as described in subdivision (z) of
Section 11400. The county welfare department shall establish a new
child-only Title IV-E eligibility determination based on the nonminor'
s completion of the voluntary reentry agreement pursuant to Section
11401. The beginning date of aid for either federal or state AFDC-FC
for a reentering nonminor who is placed in foster care is the date
the voluntary reentry agreement is signed. The county welfare
department, tribe, or county probation department shall provide a
nonminor dependent who wishes to continue receiving aid with the
assistance necessary to meet and maintain eligibility.
   (f) (1) The county having jurisdiction of the nonminor dependent
shall remain the county of payment under this section regardless of
the youth's physical residence. Nonminor dependents receiving aid
pursuant to Section 11405 shall be paid by their county of residence.
Counties may develop courtesy supervision agreements to provide case
management and independent living services by the county of
residence pursuant to the youth's transitional independent living
case plan. Placements made out of state are subject to the
requirements of the Interstate Compact on Placement of Children,
pursuant to Part 5 (commencing with Section 7900) of Division 12 of
the Family Code.
   (2) The county welfare department, tribe, or county probation
department shall notify all foster youth who attain 16 years of age
and are under the jurisdiction of that county or tribe, including
those receiving Kin-GAP, and AAP, of the existence of the aid
prescribed by this section.
   (3) The department shall seek any waiver to amend its Title IV-E
State Plan with the Secretary of the United States Department of
Health and Human Services necessary to implement this section.
   (g) (1) Subject to paragraph (3), a county shall pay the
nonfederal share of the cost of extending aid pursuant to this
section to eligible nonminor dependents who have reached 18 years of
age and who are under the jurisdiction of the county, including
AFDC-FC payments pursuant to Section 11401, aid pursuant to Kin-GAP
under Article 4.7 (commencing with Section 11385), adoption
assistance payments as specified in Chapter 2.1 (commencing with
Section 16115) of Part 4, and aid pursuant to Section 11405 for
nonminor dependents who are residing in the county as provided in
paragraph (1) of subdivision (f). A county shall contribute to the
CalWORKs payments pursuant to Section 11253 and aid pursuant to
Kin-GAP under Article 4.5 (commencing with Section 11360) at the
statutory sharing ratios in effect on January 1, 2012.
   (2) Subject to paragraph (3), a county shall pay the nonfederal
share of the cost of providing permanent placement services pursuant
to subdivision (c) of Section 16508 and administering the Aid to
Families with Dependent Children Foster Care program pursuant to
Section 15204.9. For purposes of budgeting, the department shall use
a standard for the permanent placement services that is equal to the
midpoint between the budgeting standards for family maintenance
services and family reunification services.
   (3) (A) (i) Notwithstanding any other provision of law, a county's
required total contribution pursuant to paragraphs (1) and (2),
excluding costs incurred pursuant to Section 10103.5, shall not
exceed the amount of savings in Kin-GAP assistance grant expenditures
realized by the county from the receipt of federal funds due to the
implementation of Article 4.7 (commencing with Section 11385), and
the amount of funding specifically included in the Protective
Services Subaccount within the Support Services Account within the
Local Revenue Fund 2011, plus any associated growth funding from the
Support Services Growth Subaccount within the Sales and Use Tax
Growth Account to pay the costs of extending aid pursuant to this
section.
   (ii) A county, at its own discretion, may expend additional funds
beyond the amounts identified in clause (i). These additional amounts
shall not be included in any cost and savings calculations or
comparisons performed pursuant to this section.
   (B) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code. In
addition, the following are available to the counties for the purpose
of funding costs pursuant to this section:
   (i) The savings in Kin-GAP assistance grant expenditures realized
from the receipt of federal funds due to the implementation of
Article 4.7 (commencing with Section 11385).
   (ii) The savings realized from the change in federal funding for
adoption assistance resulting from the enactment of Public Law
110-351 and consistent with subdivision (d) of Section 16118.
   (4) (A) The limit on the county's total contribution pursuant to
paragraph (3) shall be assessed by the State Department of Social
Services, in conjunction with the California State Association of
Counties, in 2015-16, to determine if it shall be removed. The
assessment of the need for the limit shall be based on a
determination on a statewide basis of whether the actual county costs
of providing extended care pursuant to this section, excluding costs
incurred pursuant to Section 10103.5, are fully funded by the amount
of savings in Kin-GAP assistance grant expenditures realized by the
counties from the receipt of federal funds due to the implementation
of Article 4.7 (commencing with Section 11385) and the amount of
funding specifically included in the Protective Services Subaccount
within the Support Services Account within the Local Revenue Fund
2011 plus any associated growth funding from the Support Services
Growth Subaccount within the Sales and Use Tax Growth Account to pay
the costs of extending aid pursuant to this section.
   (B) If the assessment pursuant to subparagraph (A) shows that the
statewide total costs of extending aid pursuant to this section,
excluding costs incurred pursuant to Section 10103.5, are fully
funded by the amount of savings in Kin-GAP assistance grant
expenditures realized by the counties from the receipt of federal
funds due to the implementation of Article 4.7 (commencing with
Section 11385) and the amount of funding specifically included in the
Protective Services Subaccount within the Support Services Account
within the Local Revenue Fund 2011 plus any associated growth funding
from the Support Services Growth Subaccount within the Sales and Use
Tax Growth Account to pay the costs of extending aid pursuant to
this section, the Department of Finance shall certify that fact, in
writing, and shall post the certification on its Internet Web site,
at which time subparagraph (A) of paragraph (3) shall no longer be
implemented.
   (h) It is the intent of the Legislature that no county currently
participating in the Child Welfare Demonstration Capped Allocation
Project be adversely impacted by the department's exercise of its
option to extend foster care benefits pursuant to Section 673(a)(4)
and Section 675(8) of Title 42 of the United States Code in the
federal Social Security Act, as contained in the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351). Therefore, the department shall negotiate with the
United States Department of Health and Human Services on behalf of
those counties that are currently participating in the demonstration
project to ensure that those counties receive reimbursement for these
new programs outside of the provisions of those counties' waiver
under Subtitle IV-E (commencing with Section 470) of the federal
Social Security Act (42 U.S.C. Sec. 670 et seq.).
   (i) The department, on or before July 1, 2012, shall develop
regulations to implement this section in consultation with concerned
stakeholders, including, but not limited to, representatives of the
Legislature, the County Welfare Directors Association, the Chief
Probation Officers of California, the Judicial Council,
representatives of Indian tribes, the California Youth Connection,
former foster youth, child advocacy organizations, labor
organizations, juvenile justice advocacy organizations, foster
caregiver organizations, and researchers. In the development of these
regulations, the department shall consider its Manual of Policy and
Procedures, Division 30, Chapter 30-912, 913, 916, and 917, as
guidelines for developing regulations that are appropriate for young
adults who can exercise incremental responsibility concurrently with
their growth and development. The department, in its consultation
with stakeholders, shall take into consideration the impact to the
Automated Child Welfare Services Case Management Services (CWS-CMS)
and required modifications needed to accommodate eligibility
determination under this section, benefit issuance, case management
across counties, and recognition of the legal status of nonminor
dependents as adults, as well as changes to data tracking and
reporting requirements as required by the Child Welfare System
Improvement and Accountability Act as specified in Section 10601.2,
and federal outcome measures as required by the federal John H.
Chafee Foster Care Independence Program (42 U.S.C. Sec. 677(f)). In
addition, the department, in its consultation with stakeholders,
shall define the supervised independent living setting which shall
include, but not be limited to, apartment living, room and board
arrangements, college or university dormitories, and shared roommate
settings, and define how those settings meet health and safety
standards suitable for nonminors. The department, in its consultation
with stakeholders, shall define the six-month certification of the
conditions of eligibility pursuant to subdivision (b) to be
consistent with the flexibility provided by federal policy guidance,
to ensure that there are ample supports for a nonminor to achieve the
goals of his or her transition independent living case plan. The
department, in its consultation with stakeholders, shall ensure that
notices of action and other forms created to inform the nonminor of
due process rights and how to access them shall be developed, using
language consistent with the special needs of the nonminor dependent
population.
   (j) Notwithstanding the Administrative Procedure Act, Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, the department shall prepare for implementation
of the applicable provisions of this section by publishing, after
consultation with the stakeholders listed in subdivision (i),
all-county letters or similar instructions from the director by
October 1, 2011, to be effective January 1, 2012. Emergency
regulations to implement the applicable provisions of this act may be
adopted by the director in accordance with the Administrative
Procedure Act. The initial adoption of the emergency regulations and
one readoption of the emergency regulations shall be deemed to be an
emergency and necessary for the immediate preservation of the public
peace, health, safety, or general welfare. Initial emergency
regulations and the first readoption of those emergency regulations
shall be exempt from review by the Office of Administrative Law. The
emergency regulations authorized by this section shall be submitted
to the Office of Administrative Law for filing with the Secretary of
State and shall remain in effect for no more than 180 days.
   (k) This section shall become operative on January 1, 2012.
  SEC. 84.  Section 11403.1 of the Welfare and Institutions Code is
amended to read:
                        11403.1.  (a) (1) The Legislature finds and
declares that former foster youth are a vulnerable population at risk
of homelessness, unemployment, welfare dependency, incarceration,
and other adverse outcomes if they exit the foster care system
unprepared to become self-sufficient. Unlike many young individuals
18 years of age who can depend on family for ongoing support while
they complete postsecondary education or develop career
opportunities, emancipating foster youth have their primary source of
support, AFDC-Foster Care payments, terminated at 18 years of age
and are then dependent on their own resources for self-support. Some
foster youth are not able to complete high school or other education
or training programs due to ongoing trauma from the parental abuse or
neglect and gaps in their educational attainment stemming from the
original removal and subsequent changes in placement.
   (2) Completion of an educational or training program is an
essential, minimum skill needed by foster youth in order to be
competitive in today's economy.
   (3) It is therefore the intent of the Legislature to create, for
counties that opt to participate, the Supportive Transitional
Emancipation Program (STEP) in which emancipated foster youth may
receive support while participating in an educational or training
program, or any activity consistent with their transitional
independent living plan up to 21 years of age.
   (b) Should a county elect to provide this program, a person who
meets all of the following conditions shall be considered eligible
for this program:
   (1) The person either was in foster care and emancipated upon
reaching the age limitations specified in Section 11401 or received
aid pursuant to Kin-GAP under Article 4.5 (commencing with Section
11360) and emancipated upon reaching the age limitations specified in
Section 11363.
   (2) The person is participating in an educational or training
program, or any activity consistent with his or her transitional
independent living plan.
   (3) The person is under 21 years of age.
   (4) The person has emancipated from a county that is participating
in the STEP program.
   (c) Aid under this section may be provided pursuant to a
transitional independent living plan mutually agreed upon by the
emancipated foster youth and the county welfare or probation
department or independent living program coordinator. The youth
participating in STEP has the responsibility to inform the county of
changes to the conditions in the agreed-upon plan that affect payment
of aid, including changes in address, living circumstances, and the
educational or training program.
   (d) For purposes of this section, "emancipated foster youth" means
a person who meets the eligibility criteria in subdivision (b).
   (e) (1) In determining the amount of aid under this section, the
rate provided to the youth shall be equivalent to the basic rate
provided to a foster family home provider pursuant to Section 11461.
   (2) If the emancipated youth remains in placement, payment shall
be made to the care provider, including a Transitional Housing
Program-Plus provider, at a rate equivalent to the basic rate
provided to a foster family home provider pursuant to Section 11461.
   (f) Unless otherwise provided by federal law, receipt of aid under
this section shall not be considered income either for purposes of
eligibility for services provided in other federal or state programs,
or for grants that may be provided by an institution of higher
education, including, but not limited to, Cal Grants or other grants
or fee waivers.
   (g) (1) Aid under this section shall be provided to eligible youth
who have emancipated from a county that elects to participate under
this section.
   (2) Each participating county welfare department shall notify all
foster youth in that county, including those receiving Kin-GAP, ages
16 to 19 years, inclusive, of the existence of the program prescribed
by this section.
   (h) The department shall seek any federal funds available for
implementation of this section, including, but not limited to, funds
available under Title IV of the Social Security Act (42 U.S.C. Sec.
601 et seq.). Implementation of this section shall not, however, be
contingent upon receipt of any federal funding. The department shall
seek any waiver from the Secretary of the United States Department of
Health and Human Services that is necessary to implement this
section.
   (i) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
  SEC. 85.  Section 11403.2 of the Welfare and Institutions Code is
amended to read:
   11403.2.  (a) The following persons shall be eligible for
transitional housing provided pursuant to Article 4 (commencing with
Section 16522) of Chapter 5 of Part 4:
   (1) Any foster child at least 16 years of age and not more than 18
years of age, and, on or after January 1, 2012, any nonminor
dependent, as defined in subdivision (v) of Section 11400, who is
eligible for AFDC-FC benefits as described in Section 11401. A foster
child under 18 years of age shall be eligible for placement in the
program certified as a "Transitional Housing Placement Program,"
pursuant to paragraph (1) of subdivision (a) of Section 16522.2. A
nonminor dependent shall be eligible for placement in the program
certified as a "Transitional Housing Placement-Plus Foster Care
Program" pursuant to paragraph (2) of subdivision (a) of Section
16522.2.
   (2) Any former foster youth at least 18 years of age and not more
than 24 years of age who has exited from the foster care system at or
after 18 years of age and elects to participate in Transitional
Housing Program-Plus, as defined in subdivision (s) of Section 11400,
provided he or she has not received services under this paragraph
for more than a total of 24 months, whether or not consecutive. If
the person participating in a Transitional Housing Program-Plus is
not receiving aid under Section 11403.1, he or she, as a condition of
participation, shall enter into, and execute the provisions of, a
transitional independent living plan that shall be mutually agreed
upon, and annually reviewed, by the former foster youth and the
applicable county welfare or probation department or independent
living program coordinator. The person participating under this
paragraph shall inform the county of any changes to conditions
specified in the agreed-upon plan that affect eligibility, including
changes in address, living circumstances, and the educational or
training program.
   (b) Payment on behalf of an eligible person receiving transitional
housing services pursuant to paragraph (1) of subdivision (a) shall
be made to the transitional housing placement provider pursuant to
the conditions and limitations set forth in Section 11403.3.
Notwithstanding Section 11403.3, the department, in consultation with
concerned stakeholders, including, but not limited to,
representatives of the Legislature, the County Welfare Directors
Association, the Chief Probation Officers of California, the Judicial
Council, representatives of Indian tribes, the California Youth
Connection, former foster youth, child advocacy organizations, labor
organizations, juvenile justice advocacy organizations, foster
caregiver organizations, researchers, and transitional housing
placement providers, shall convene a workgroup to establish a new
rate structure for the Title IV-E funded THP-Plus-Foster Care
placement option for nonminor dependents. The workgroup shall also
consider application of this new rate structure to the Transitional
Housing Program-Plus, as described in paragraph (2) of subdivision
(a) of Section 11403.3. In developing the new rate structure pursuant
to this subdivision, the department shall consider the average rates
in effect and being paid by counties to current transitional housing
placement providers.
  SEC. 86.  Section 11403.25 of the Welfare and Institutions Code is
repealed.
  SEC. 87.  Section 11403.3 of the Welfare and Institutions Code is
amended to read:
   11403.3.  (a) (1) Subject to subdivision (b), a transitional
housing placement provider, as defined in subdivision (r) of Section
11400, that provides transitional housing services to an eligible
foster youth in a facility licensed pursuant to subdivision (a) of
Section 1559.110 of the Health and Safety Code, shall be paid as
follows:
   (A)  For a program serving foster children who are at least 16
years of age and not more than 18 years of age, a monthly rate that
is 75 percent of the average foster care expenditures for foster
youth 16 to 18 years of age, inclusive, in group home care in the
county in which the program operates.
   (B) For a program serving nonminor dependents that is certified as
a Transitional Housing Placement-Plus Foster Care program under
paragraph (2) of subdivision (a) of Section 16522.1, the rate
structure established pursuant to subdivision (b) of Section 11403.2.

   (2) Subject to subdivision (c), a Transitional Housing
Program-Plus, as defined in subdivision (s) of Section 11400, that
provides transitional housing services to eligible former foster
youth who have exited from the foster care system on or after their
18th birthday, shall be paid a monthly rate that is 70 percent of the
average foster care expenditures for foster youth 16 to 18 years of
age, inclusive, in group home care in the county in which the program
operates.
   (b) Payment to a transitional housing placement provider for
transitional housing services provided to a person described in
paragraph (1) of subdivision (a) of Section 11403.2 shall be subject
to the following conditions:
   (1) An amount equal to the base rate, as defined in subdivision
(d), shall be paid for transitional housing services provided.
   (2) Any additional amount payable pursuant to subdivision (a)
shall be contingent on the
    election by the county placing the youth in the transitional
housing placement program to participate in the costs of the
additional amount, pursuant to subdivision (g).
   (c) Payment to a Transitional Housing Program-Plus provider for
transitional housing services provided pursuant to paragraph (2) of
subdivision (a) of Section 11403.2 shall be subject to the following
conditions:
   (1) Any Supportive Transitional Emancipation Program (STEP)
payment payable pursuant to Section 11403.1 shall be paid for
transitional housing services provided.
   (2) Prior to fiscal year 2011-12, any amount payable pursuant to
subdivision (a) to a Transitional Housing Program-Plus provider for
services provided to a person described in paragraph (2) of
subdivision (a) of Section 11403.2 shall be paid contingent on the
availability of moneys appropriated for this purpose in the annual
Budget Act for the cost of the program.
   (d) (1) As used in this section, "base rate" means the rate a
transitional housing placement provider or Transitional Housing
Program-Plus provider was approved to receive on June 30, 2001. If a
program commences operation after this date, the base rate shall be
the rate the program would have received if it had been operational
on June 30, 2001.
   (2) Notwithstanding subdivision (a), no transitional housing
placement provider or Transitional Housing Program-Plus provider with
an approved rate on July 1, 2001, shall receive a lower rate than
its base rate.
   (e) Any reductions in payments to a transitional housing placement
provider pursuant to the implementation of paragraph (2) of
subdivision (b) or to a Transitional Housing Program-Plus provider
pursuant to paragraph (2) of subdivision (c) shall not preclude the
program from acquiring from other sources, additional funding
necessary to provide program services.
   (f) The department shall develop, implement, and maintain a
ratesetting system schedule for transitional housing placement
providers, and Transitional Housing Program-Plus providers pursuant
to subdivisions (a) to (d), inclusive.
   (g) (1) Funding for the rates payable under this section for
persons described in paragraph (1) of subdivision (a) of Section
11403.2, prior to the 2011-12 fiscal year, shall be subject to a
sharing ratio of 40 percent state and 60 percent county share of
nonfederal funds.
   (2) Funding for the rates payable under this section for persons
described in paragraph (2) of subdivision (a) of Section 11403.2,
prior to the 2011-12 fiscal year, shall be subject to a sharing ratio
of 100 percent state and 0 percent county funds.
   (3) Notwithstanding paragraph (2) of subdivision (c) and
subdivision (g), beginning in the 2011-12 fiscal year, and for each
fiscal year thereafter, funding and expenditures for programs and
activities under this section shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the Government
Code.
  SEC. 88.  Section 11403.4 of the Welfare and Institutions Code is
repealed.
  SEC. 89.  Section 11461 of the Welfare and Institutions Code is
amended to read:
   11461.  (a) For children or, on and after January 1, 2012,
nonminor dependents placed in a licensed or approved family home with
a capacity of six or less, or in an approved home of a relative or
nonrelated legal guardian, or the approved home of a nonrelative
extended family member as described in Section 362.7, or, on and
after January 1, 2012, a supervised independent living placement, as
defined in subdivision (w) of Section 11400, the per child per month
basic rates in the following schedule shall be in effect for the
period July 1, 1989, through December 31, 1989:
  Age                                   Basic rate
  0-4................................      $294
  5-8................................       319
  9-11...............................       340
12-14...............................       378
15-20...............................       412


   (b) (1) Any county that, as of October 1, 1989, has in effect a
basic rate that is at the levels set forth in the schedule in
subdivision (a), shall continue to receive state participation, as
specified in subdivision (c) of Section 15200, at these levels.
   (2) Any county that, as of October 1, 1989, has in effect a basic
rate that exceeds a level set forth in the schedule in subdivision
(a), shall continue to receive the same level of state participation
as it received on October 1, 1989.
   (c) The amounts in the schedule of basic rates in subdivision (a)
shall be adjusted as follows:
   (1) Effective January 1, 1990, the amounts in the schedule of
basic rates in subdivision (a) shall be increased by 12 percent.
   (2) Effective May 1, 1990, any county that did not increase the
basic rate by 12 percent on January 1, 1990, shall do both of the
following:
   (A) Increase the basic rate in effect December 31, 1989, for which
state participation is received by 12 percent.
   (B) Increase the basic rate, as adjusted pursuant to subparagraph
(A), by an additional 5 percent.
   (3) (A) Except as provided in subparagraph (B), effective July 1,
1990, for the 1990-91 fiscal year, the amounts in the schedule of
basic rates in subdivision (a) shall be increased by an additional 5
percent.
   (B) The rate increase required by subparagraph (A) shall not be
applied to rates increased May 1, 1990, pursuant to paragraph (2).
   (4) Effective July 1, 1998, the amounts in the schedule of basic
rates in subdivision (a) shall be increased by 6 percent.
Notwithstanding any other provision of law, the 6-percent increase
provided for in this paragraph shall, retroactive to July 1, 1998,
apply to every county, including any county to which paragraph (2) of
subdivision (b) applies, and shall apply to foster care for every
age group.
   (5) Notwithstanding any other provision of law, any increase that
takes effect after July 1, 1998, shall apply to every county,
including any county to which paragraph (2) of subdivision (b)
applies, and shall apply to foster care for every age group.
   (6) The increase in the basic foster family home rate shall apply
only to children placed in a licensed foster family home receiving
the basic rate or in an approved home of a relative or nonrelative
extended family member, as described in Section 362.7, a supervised
independent living placement, as defined in subdivision (w) of
Section 11400, or a nonrelated legal guardian receiving the basic
rate. The increased rate shall not be used to compute the monthly
amount that may be paid to licensed foster family agencies for the
placement of children in certified foster homes.
   (d) (1) (A) Beginning with the 1991-92 fiscal year, the schedule
of basic rates in subdivision (a) shall be adjusted by the percentage
changes in the California Necessities Index, computed pursuant to
the methodology described in Section 11453, subject to the
availability of funds.
   (B) In addition to the adjustment in subparagraph (A) effective
January 1, 2000, the schedule of basic rates in subdivision (a) shall
be increased by 2.36 percent rounded to the nearest dollar.
   (C) Effective January 1, 2008, the schedule of basic rates in
subdivision (a), as adjusted pursuant to subparagraph (B), shall be
increased by 5 percent, rounded to the nearest dollar. The increased
rate shall not be used to compute the monthly amount that may be paid
to licensed foster family agencies for the placement of children in
certified foster family homes, and shall not be used to recompute the
foster care maintenance payment that would have been paid based on
the age-related, state-approved foster family home care rate and any
applicable specialized care increment, for any adoption assistance
agreement entered into prior to October 1, 1992, or in any subsequent
reassessment for adoption assistance agreements executed before
January 1, 2008.
   (2) (A) Any county that, as of the 1991-92 fiscal year, receives
state participation for a basic rate that exceeds the amount set
forth in the schedule of basic rates in subdivision (a) shall receive
an increase each year in state participation for that basic rate of
one-half of the percentage adjustments specified in paragraph (1)
until the difference between the county's adjusted state
participation level for its basic rate and the adjusted schedule of
basic rates is eliminated.
   (B) Notwithstanding subparagraph (A), all counties for the
1999-2000 fiscal year and the 2007-08 fiscal year shall receive an
increase in state participation for the basic rate of the entire
percentage adjustment described in paragraph (1).
   (3) If a county has, after receiving the adjustments specified in
paragraph (2), a state participation level for a basic rate that is
below the amount set forth in the adjusted schedule of basic rates
for that fiscal year, the state participation level for that rate
shall be further increased to the amount specified in the adjusted
schedule of basic rates.
   (e) (1) As used in this section, "specialized care increment"
means an approved AFDC-FC amount paid on behalf of an AFDC-FC child
requiring specialized care to a home listed in subdivision (a) in
addition to the basic rate. Notwithstanding subdivision (a), the
specialized care increment shall not be paid to a nonminor dependent
placed in a supervised independent living setting as defined in
subdivision (w) of Section 11403. A county may have a ratesetting
system for specialized care to pay for the additional care and
supervision needed to address the behavioral, emotional, and physical
requirements of foster children. A county may modify its specialized
care rate system as needed, to accommodate changing specialized
placement needs of children.
   (2) (A) The department shall have the authority to review the
county's specialized care information, including the criteria and
methodology used for compliance with state and federal law, and to
require counties to make changes if necessary to conform to state and
federal law.
   (B) The department shall make available to the public each county'
s specialized care information, including the criteria and
methodology used to determine the specialized care increments.
   (3) Upon a request by a county for technical assistance,
specialized care information shall be provided by the department
within 90 days of the request to the department.
   (4) (A) Except for subparagraph (B), beginning January 1, 1990,
specialized care increments shall be adjusted in accordance with the
methodology for the schedule of basic rates described in subdivisions
(c) and (d).
   (B) Notwithstanding subdivision (e) of Section 11460, for the
1993-94 fiscal year, an amount equal to 5 percent of the State
Treasury appropriation for family homes shall be added to the total
augmentation for the AFDC-FC program in order to provide incentives
and assistance to counties in the area of specialized care. This
appropriation shall be used, but not limited to, encouraging counties
to implement or expand specialized care payment systems, to recruit
and train foster parents for the placement of children with
specialized care needs, and to develop county systems to encourage
the placement of children in family homes. It is the intent of the
Legislature that in the use of these funds, federal financial
participation shall be claimed whenever possible.
   (C) (i) Notwithstanding subparagraph (A), the specialized care
increment shall not receive a cost-of-living adjustment in the
2011-12 or 2012-13 fiscal years.
   (ii) Notwithstanding clause (i), a county may choose to apply a
cost-of-living adjustment to its specialized care increment during
the 2011-12 or 2012-13 fiscal years. To the extent that a county
chooses to apply a cost-of-living adjustment during that time, the
state shall not participate in the costs of that adjustment.
   (iii) To the extent that federal financial participation is
available for a cost-of-living adjustment made by a county pursuant
to clause (ii), it is the intent of the Legislature that the federal
funding shall be utilized.
   (5) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this subdivision shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
   (f) (1) As used in this section, "clothing allowance" means the
amount paid by a county, at the county's option, in addition to the
basic rate for the provision of additional clothing for an AFDC-FC
child, including, but not limited to, an initial supply of clothing
and school or other uniforms. The frequency and level of funding
shall be based on the needs of the child, as determined by the
county.
   (2) The state shall no longer participate in any clothing
allowance in addition to the basic rate, commencing with the 2011-12
fiscal year.
   (g) (1) Notwithstanding subdivisions (a) to (d), inclusive, for a
child, or on and after January 1, 2012, a nonminor dependent, placed
in a licensed or approved family home with a capacity of six or less,
or placed in an approved home of a relative or the approved home of
a nonrelative extended family member as described in Section 362.7,
or placed on and after January 1, 2012, in a supervised independent
living placement, as defined in subdivision (w) of Section 11400, the
per child per month basic rate in the following schedule shall be in
effect for the period commencing July 1, 2011, or the date specified
in the final order, for which the time to appeal has passed, issued
by a court of competent jurisdiction in California State Foster
Parent Association v. William Lightbourne, et al. (U.S. Dist. Ct. C
07-08056 WHA), whichever is earlier, through June 30, 2012:
Age                                    Basic rate
  0-4................................      $609
  5-8................................      $660
  9-11...............................      $695
12-14...............................      $727
15-20...............................      $761


   (2) Commencing July 1, 2011, the basic rate set forth in this
subdivision shall be annually adjusted on July 1 by the annual
percentage change in the California Necessities Index applicable to
the calendar year within which each July 1 occurs.
   (3) Subdivisions (e) and (f) shall apply to payments made pursuant
to this subdivision.
   (4) Beginning in the 2011-12 fiscal year, and each fiscal year
thereafter, funding and expenditures for programs and activities
under this subdivision shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
  SEC. 90.  Section 11461.2 is added to the Welfare and Institutions
Code, to read:
   11461.2.  (a) It is the intent of the Legislature to ensure
quality care for children who are placed in the continuum of AFDC-FC
eligible placement settings.
   (b) The State Department of Social Services shall establish, in
consultation with county welfare departments and other stakeholders,
as appropriate, a working group to develop recommended revisions to
the current ratesetting system, services, and programs serving
children and families in the continuum of AFDC-FC eligible placement
settings including, at a minimum, all programs provided by foster
family agencies and group homes including those providing
residentially-based services, as defined in paragraph (1) of
subdivision (a) of Section 18987.71.
   (c) In developing the recommended revisions identified in
subdivision (b), the working group shall consider all of the
following:
   (1) How ratesetting systems for foster care providers, including,
at least, foster family agencies and group homes, can better support
a continuum of programs and services that promote positive outcomes
for children and families. This may include a process for matching
the child's strengths and needs to the appropriate placement setting.

   (2) How the provision of an integrated, comprehensive set of
services including mental health and other critical services for
children and youth support the achievement of well-being, permanency,
and safety outcomes.
   (3) How to ensure the provision of services in family-like
settings including after care services, when appropriate.
   (4) How to provide outcome-based evaluations of foster care
providers or other methods of measuring quality improvement including
measures of youth and families' satisfaction with services provided
and program effectiveness.
   (5) How changes in the licensing, ratesetting, and auditing
processes can improve the quality of foster care providers, the
quality of services and programs provided, and enhance the oversight
of care provided to children, including, but not limited to,
accreditation, administrator
   qualifications, and the reassignment of these responsibilities
within the department.
   (d) In addition to the considerations in subdivision (c), the
workgroup recommendations shall be based on the review and evaluation
of the current ratesetting systems, actual cost data, and
information from the provider community as well as research on other
applicable ratesetting methodologies, evidenced-based practices,
information developed as a result of pilots approved by the director,
and any other relevant information.
   (e) The workgroup shall develop the content, format, and data
sources for reports to be posted by the department on a public
Internet Web site describing the outcomes achieved by providers with
foster care rates set by the department.
   (f) (1) Recommendations developed pursuant to this section shall
include the plan required under subdivision (d) of Section 18987.7.
Updates regarding the workgroup's establishment and its progress
toward meeting the requirements of this section shall be provided to
the Legislature during 2012-13 and 2013-14 budget hearings. The
revisions recommended pursuant to the requirements of subdivision (b)
shall be submitted in a report to the appropriate policy and fiscal
committees of the Legislature by October 1, 2014.
   (2) The requirement for submitting a report pursuant to this
subdivision is inoperative on October 1, 2018, pursuant to Section
10231.5 of the Government Code.
   (g) The department shall retain the authority to extend the
workgroup after October 1, 2014, to ensure that the objectives of
this section are met and to reconvene this workgroup as necessary to
address any future recommended changes to the continuum of AFDC-FC
eligible placement settings pursuant to this section.
  SEC. 91.  Section 11462.05 of the Welfare and Institutions Code is
repealed.
  SEC. 92.  Section 11463 of the Welfare and Institutions Code is
repealed.
  SEC. 93.  Section 11463 is added to the Welfare and Institutions
Code, to read:
   11463.  (a) (1) The department, with the advice, assistance, and
cooperation of the counties and foster care providers, shall develop,
implement, and maintain a ratesetting system for foster family
agencies.
   (2) No county shall be reimbursed for any percentage increases in
payments, made on behalf of AFDC-FC funded children who are placed
with foster family agencies, that exceed the percentage
cost-of-living increase provided in any fiscal year beginning on
January 1, 1990, as specified in subdivision (c) of Section 11461.
   (b) The department shall develop regulations specifying the
purposes, types, and services of foster family agencies, including
the use of those agencies for the provision of emergency shelter
care. A distinction, for ratesetting purposes, shall be drawn between
foster family agencies that provide treatment of children in foster
families and those that provide nontreatment services.
   (c) The department shall develop and maintain regulations
specifying the procedure for the appeal of department decisions about
the setting of an agency's rate.
   (d) On and after July 1, 1998, the schedule of rates, and the
components used in the rate calculations specified in the department'
s regulations, for foster family agencies shall be increased by 6
percent, rounded to the nearest dollar. The resultant amounts shall
constitute the new schedule of rates for foster family agencies.
   (e) (1) On and after July 1, 1999, the schedule of rates and the
components used in the rate calculations specified in the department'
s regulations for foster family agencies shall be adjusted by an
amount equal to the California Necessities Index computed pursuant to
Section 11453, rounded to the nearest dollar, subject to the
availability of funds. The resultant amounts shall constitute the new
schedule of rates for foster family agencies, subject to further
adjustment pursuant to paragraph (2).
   (2) In addition to the adjustment specified in paragraph (1),
commencing January 1, 2000, the schedule of rates and the components
used in the rate calculations specified in the department's
regulations for foster family agencies shall be increased by 2.36
percent, rounded to the nearest dollar. The resultant amounts shall
constitute the new schedule of rates for foster family agencies.
   (f) For the 1999-2000 fiscal year, foster family agency rates that
are not determined by the schedule of rates set forth in the
department's regulations, shall be increased by the same percentage
as provided in subdivision (e).
   (g) (1) For the 2000-01 fiscal year and each fiscal year
thereafter, the foster family agency rate shall be supplemented by
one hundred dollars ($100) for clothing per year per child in care,
subject to the availability of funds. The supplemental payment shall
be used to supplement, and shall not be used to supplant, any
clothing allowance paid in addition to the foster family agency rate.

   (2) Notwithstanding paragraph (1), commencing with the 2012-13
fiscal year, and each fiscal year thereafter, no supplemental
clothing allowance shall be provided, because the rate issued in
accordance with paragraph (1) of subdivision (m) takes the cost of
clothing into account.
   (h) In addition to the adjustment made pursuant to subdivision
(e), the component for social work activities in the rate calculation
specified in the department's regulations for foster family agencies
shall be increased by 10 percent, effective January 1, 2001. This
additional funding shall be used by foster family agencies solely to
supplement staffing, salaries, wages, and benefit levels of staff
performing social work activities. The schedule of rates shall be
recomputed using the adjusted amount for social work activities. The
resultant amounts shall constitute the new schedule of rates for
foster family agencies. The department may require a foster family
agency receiving this additional funding to certify that the funding
was utilized in accordance with the provisions of this section.
   (i) The increased rate provided by subparagraph (C) of paragraph
(1) of subdivision (d) of Section 11461 shall not be used to compute
the monthly amount that may be paid to licensed foster family
agencies for the placement of children in certified foster homes.
   (j) The total foster family agency rate by age group in effect as
of January 1, 2008, paid to licensed foster family agencies for the
placement of children in certified foster family homes, shall be
reduced by 10 percent, effective October 1, 2009. The foster family
agency shall have flexibility in applying the reduction, however,
nothing shall be deducted from the child base rate, as defined in
departmental regulations. When the rate is restored to at least the
rate in effect on September 1, 2009, the director shall issue the
declaration described in Section 1506.3 of the Health and Safety
Code.
   (k) Effective October 1, 2009, the total foster family agency rate
by age group, in effect for those agency rates that are not
determined by the schedule of rates set forth in the department's
regulations, shall be reduced by the same percentage and in the same
manner as provided for in subdivision (j).
   (l) (1) The department shall determine, consistent with the
requirements of this section and other relevant requirements under
law, the rate category for each foster family agency on a biennial
basis. Submission of the biennial rate application shall be according
to a schedule determined by the department.
   (2) The department shall adopt regulations to implement this
subdivision. The adoption, amendment, repeal, or readoption of a
regulation authorized by this subdivision is deemed to be necessary
for the immediate preservation of the public peace, health and
safety, or general welfare, for purposes of Sections 11346.1 and
11349.6 of the Government Code, and the department is hereby exempted
from the requirement to describe specific facts showing the need for
immediate action.
   (m) (1) On and after July 1, 2012, the basic rate payment that
shall be made to the certified parent pursuant to this section for
care and supervision of a child who is living in a certified home of
a foster family agency, as defined in Section 11400, shall equal the
basic rate for children based in a licensed or approved home, as
specified in paragraph (1) of subdivision (g) of Section 11461.
   (2) The basic rate payment to the certified parent made pursuant
to paragraph (1) shall be adjusted annually on July 1, by the annual
percentage change in the California Necessities Index, in accordance
with paragraph (2) of subdivision (g) of Section 11461. The
adjustment in this paragraph shall be in lieu of any adjustment
pursuant to subdivision (e).
   (n) Notwithstanding any other law, the changes to the basic rate
payment specified in subdivision (m) shall not change the remaining
components of the foster family agency rate. The new foster family
agency rate shall be increased only by the amounts specified pursuant
to subdivision (m). The resulting amounts shall constitute the new
schedule of rates for foster family agencies, which shall be issued
by all-county letters or similar instructions from the department.
   (o) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
   (p) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement, interpret, or make specific the changes
to this section made by the act that added this section, and amend
and repeal regulations and orders subject to this section and adopted
by the department by means of all-county letters or similar
instructions from the department until regulations are adopted. The
department shall adopt emergency regulations no later than July 1,
2014. The department may readopt any emergency regulation authorized
by this section that is the same as, or substantially equivalent to,
an emergency regulation previously adopted under this section.
   (2) The initial adoption of emergency regulations pursuant to this
section and one readoption of emergency regulations shall be deemed
an emergency and necessary for the immediate preservation of the
public peace, health, safety, or general welfare. Initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be exempt from review by the Office
of Administrative Law. The initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State and each shall remain in effect for no more than
180 days, by which time final regulations may be adopted.
  SEC. 94.  Section 11466.23 of the Welfare and Institutions Code is
amended to read:
   11466.23.  (a) It is the intent of the Legislature to comply with
the federal requirements of the Improper Payments Act of 2002 with
respect to the remittance of the federal share of foster care
overpayments.
   (b) For the purposes of this section, "federal foster care or
adoption assistance overpayment" means any amount of aid paid to
which a foster care provider or adoption assistance recipient was not
entitled, including any overpayment identified by a foster care
provider as described in Section 11400, or federal Adoption
Assistance Program recipient as described in Chapter 2.1 (commencing
with Section 16115) of Part 4, and on and after the date that the
director executes a declaration pursuant to Section 11217, any
federal Kin-GAP aid paid to which a related guardian was not
entitled, including any overpayment identified by a federal Kin-GAP
recipient as described in Article 4.7 (commencing with Section
11385).
   (c) Counties shall be required to remit the appropriate amount of
federal funds upon identification of the overpayment, following the
completion of due process.
   (1) For overpayments identified prior to July 1, 2012, counties
shall not be required to repay the overpayment when any of the
following occurs:
   (A) The amount is legally uncollectible, including any amount
legally uncollectible pursuant to Section 11466.24.
   (B) The cost of collection exceeds the overpayment.
   (C) The foster family agency or group home is no longer in
business or licensed by the department.
   (2) For overpayments identified prior to July 1, 2012, remittance
of overpayments of federal AFDC-FC, federal Kin-GAP, and federal AAP
funds not excluded by paragraph (1) shall be shared by the state and
the counties based on the following sharing ratios:
   (A) For federal AFDC-FC funds, the sharing ratios described in
subdivision (c) of Section 15200.
   (B) For federal Kin-GAP funds, the sharing ratios described in
Section 10101.2.
   (C) For federal AAP funds, the sharing ratios described in
subdivision (e) of Section 15200.
   (d) (1) For overpayments identified on and after July 1, 2012, the
county shall pay 100 percent of the cost for remittance of all
overpayments of federal AFDC-FC, federal Kin-GAP, and federal AAP
funds.
   (2) For overpayments identified prior to July 1, 2012, upon actual
collection of any overpayments from providers or recipients, the
county shall ensure that the total amount reimbursed to the state
reflects the federal and state share of the overpayment costs, as
specified. All overpayments of federal AFDC-FC, federal Kin-GAP, and
federal AAP funds included in paragraph (1) of subdivision (c) shall
be repaid completely with state funds.
   (3) For overpayments identified on and after July 1, 2012, after
remitting the federal share, the county shall retain any funds
collected by the county from overpaid providers or recipients.
   (4) Nothing in this section shall inhibit existing county
authority to collect overpayments.
   (5) Nothing in this section shall inhibit existing county
responsibility to remit voluntary overpayments upon collection.
   (e) (1) The department shall adopt regulations to implement this
section by December 31, 2008. Notwithstanding Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, the department, in consultation and coordination
with the County Welfare Directors Association, may adopt emergency
regulations to implement this section.
   (2) The adoption of emergency regulations pursuant to subdivision
(a) shall be deemed to be an emergency and necessary for the
immediate preservation of the public peace, health, safety, or
general welfare. The emergency regulations authorized by this section
shall be submitted to the Office of Administrative Law for filing
with the Secretary of State and shall remain in effect for no more
than 180 days, by which time final regulations shall be adopted.
   (f) The department may only require counties to remit payment of
the federal share for overpayments upon identification that occur on
or after the effective date of regulations adopted pursuant to this
section.
  SEC. 95.  Section 11467 is added to the Welfare and Institutions
Code, to read:
   11467.  (a) The State Department of Social Services, with the
advice and assistance of the County Welfare Directors Association,
the Chief Probation Officer's Association, the California Mental
Health Directors Association, research entities, foster youth and
advocates for foster youth, foster care provider business entities
organized and operated on a nonprofit basis, tribes, and other
stakeholders, shall establish a working group to develop performance
standards and outcome measures for providers of out-of-home care
placements made under the AFDC-FC program, including, but not limited
to, foster family agency, group home, and THP-Plus providers, and
for the effective and efficient administration of the AFDC-FC
program.
   (b) The performance standards and outcome measures shall employ
the applicable performance standards and outcome measures as set
forth in Sections 11469 and 11469.1, designed to identify the degree
to which foster care providers, including business entities organized
and operated on a nonprofit basis, are providing out-of-home
placement services that meet the needs of foster children, and the
degree to which these services are supporting improved outcomes,
including those identified by the California Child and Family Service
Review System.
   (c) In addition to the process described in subdivision (a), the
working group may also develop the following:
   (1) A means of identifying the child's needs and determining which
is the most appropriate out-of-home placement for a child.
   (2) A procedure for identifying children who have been in
congregate care for one year or longer, determining the reasons each
child remains in congregate care, and developing a plan for each
child to transition to a less restrictive, more family-like setting.
   (d) The department shall provide updates regarding its progress
toward meeting the requirements of this section during the 2013 and
2014 budget hearings.
   (e) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
13340) of Part 1 of Division 3 of Title 2 of the Government Code),
until the enactment of applicable state law, or October 1, 2015,
whichever is earlier, the department may implement the changes made
pursuant to this section through all-county letters, or similar
instructions from the director.
  SEC. 96.  Section 11469 of the Welfare and Institutions Code is
amended to read:
   11469.  (a) By July 1, 1993, the department, in consultation with
group home providers, the County Welfare Directors' Association, the
Chief Probation Officers' Association, the California Conference of
Local Mental Health Director and the State Department of Mental
Health, shall develop performance standards and outcome measures for
determining the effectiveness of the care and supervision, as defined
in subdivision (b) of Section 11460, provided by group homes under
the AFDC-FC program pursuant to Sections 11460 and 11462. These
standards shall be designed to measure group home program performance
for the client group that the group home program is designed to
serve.
   (1)  The performance standards and outcome measures shall be
designed to measure the performance of group home programs in areas
over which the programs have some degree of influence, and in other
areas of measurable program performance that the department can
demonstrate are areas over which group home programs have meaningful
managerial or administrative influence.
   (2) These standards and outcome measures shall include, but are
not limited to, the effectiveness of services provided by each group
home program, and the extent to which the services provided by the
group home assist in obtaining the child welfare case plan objectives
for the child.
   (3) In addition, when the group home provider has identified as
part of its program for licensing, ratesetting, or county placement
purposes, or has included as a part of a child's case plan by mutual
agreement between the group home and the placing agency, specific
mental health, education, medical, and other child-related services,
the performance standards and outcome measures may also measure the
effectiveness of those services.
   (b) Regulations regarding the implementation of the group home
performance standards system required by this section shall be
adopted no later than one year prior to implementation. The
regulations shall specify both the performance standards system and
the manner by which the AFDC-FC rate of a group home program shall be
adjusted if performance standards are not met.
   (c) Except as provided in subdivision (d), effective July 1, 1995,
group home performance standards shall be implemented. Any group
home program not meeting the performance standards shall have its
AFDC-FC rate, set pursuant to Section 11462, adjusted according to
the regulations required by this section.
   (d) Effective July 1, 1995, group home programs shall be
classified at rate classification level 13 or 14 only if all of the
following are met:
   (1) The program generates the requisite number of points for rate
classification level 13 or 14.
   (2) The program only accepts children with special treatment needs
as determined through the assessment process pursuant to paragraph
(2) of subdivision (a) of Section 11462.01.
   (3) The program meets the performance standards designed pursuant
to this section.
   (e) Notwithstanding subdivision (c), the group home program
performance standards system shall not be implemented prior to the
implementation of the AFDC-FC performance standards system.
  SEC. 97.  Section 13754 of the Welfare and Institutions Code is
amended to read:
   13754.  (a) It is the intent of the Legislature that nothing in
this section shall be interpreted to preclude a nonminor dependent
from accessing the same benefits, services, and supports, and
exercise the same choices available to all dependents. It is further
the intent of the Legislature that nonminor dependents who receive
federal Supplemental Security Income benefits can serve as their own
payee, if it is determined that the nonminor dependent satisfies the
criteria established by the Social Security Administration, and
should be assisted in receiving direct payment by the county child
welfare department. It is further the intent of the Legislature that
individuals who have had their eligibility for federal Supplemental
Security Income benefits established pursuant to Section 13757 be
able to maintain that eligibility even when they remain in the state'
s care as a nonminor dependent. In order to facilitate this, it is
the intent of the Legislature that the county child welfare agency
ensure that the youth receives an SSI payment during at least one
month of each 12-month period while the youth is a nonminor
dependent. It is further the intent of the Legislature that the
county child welfare agency supplement the SSI payment that a youth
receives during this one-month period with nonfederal AFDC-FC
benefits.
   (b) (1) The county shall apply to be appointed representative
payee on behalf of a child beneficiary in its custody when no other
appropriate party is available to serve.
   (2) When a child beneficiary reaches 18 years of age and elects to
remain in the custody of the county as a nonminor dependent, the
county shall provide information to the youth regarding the process
for becoming his or her own payee and shall assist the youth in
becoming his or her own payee pursuant to Section 13753, unless
becoming his or her own payee is contrary to the best interests of
the youth. In the event that a youth is unable to serve as his or her
payee after attaining 18 years of age, the county shall assist the
youth in finding and designating an appropriate representative payee.

   (c) In its capacity as representative payee, the county shall do
all of the following:
   (1) Establish a no-cost, interest-bearing maintenance account for
each child in the department's custody for whom the department serves
as representative payee. Interest earned shall be credited to the
account. The county shall keep an itemized current account, in the
manner required by federal law, of all income and expense items for
each child's maintenance account.
   (2) Establish procedures for disbursing money from the accounts,
including disbursing the net balance to the beneficiary upon release
from care. The county shall use social security and SSI/SSP benefits
only for the following purposes:
   (A) For the use and benefit of the child.
   (B) For purposes determined by the county to be in the child's
best interest.
   (3) Establish and maintain a dedicated account in a financial
institution for past-due monthly benefits that exceed six times the
maximum monthly benefit payable, in accordance with federal law. The
representative payee may deposit into the account established under
this section any other funds representing past due benefits to the
eligible individual, provided that the amount of the past due
benefits is equal to or exceeds the maximum monthly benefit payable.
Funds from the dedicated account shall not be used for basic
maintenance costs. The use of funds from the dedicated account must
be for the benefit of the child and are limited to expenditures for
the following purposes:
   (A) Medical treatment.
   (B) Education or job skills training.
   (C) Personal needs assistance.
   (D) Special equipment.
   (E) Housing modification.
   (F) Therapy or rehabilitation.
   (G) Other items or services, deemed appropriate by the Social
Security Administration.
   (d) Beginning in the 2011-12 fiscal year, and each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
  SEC. 98.  Section 13757 of the Welfare and Institutions Code is
amended to read:
   13757.  (a) (1) Subject to paragraph (2), every youth who is in
foster care and nearing emancipation shall be screened by the county
for potential eligibility for the federal Supplemental Security
Income (SSI) program utilizing the best practice guidelines developed
pursuant to Section 13752.
   (2) The screening required in paragraph (1) shall only occur when
the foster youth is at least 16 years and six months of age and not
older than 17 years and six months of age. An application shall be
submitted to the federal Social Security Administration on behalf of
a youth who is screened as being likely to be eligible for federal
Supplemental Security Income benefits. To the extent possible, the
application shall be timed to allow for a determination of
eligibility by the Social Security Administration prior to the youth'
s emancipation from care including, if appropriate, the suspension of
Supplemental Security Income benefits for no more than 12 months.
   (b) In carrying out the requirements of subdivision (a) for a
youth receiving federally funded AFDC-FC benefits, the county shall,
if necessary, forego federally funded AFDC-FC and instead use
nonfederal AFDC-FC resources to fund the placement in the month of
application or in the month after making an application, and to
subsequently reclaim federally funded AFDC-FC, in order to ensure
that the youth meets all of the SSI eligibility requirements in a
single month while the application is pending, as provided by federal
law and regulation. Notwithstanding subdivision (a) of Section
11402, this section                                          shall
apply to a foster youth regardless of his or her federal AFDC-FC
eligibility.
   (c) When a nonminor dependent has been approved for SSI payments
pursuant to this section but is receiving a federally funded AFDC-FC
benefit in an amount that exceeds the SSI payment, causing the SSI
payment to be placed in suspense, the county child welfare agency
shall, during at least one month of every 12-month period, beginning
with the date that the SSI benefit is placed in suspense, forego the
federally funded AFDC-FC benefit and instead use nonfederal AFDC-FC
resources to supplement the SSI benefit that the youth receives
during that month. The county shall inform the Social Security
Administration that the youth is not receiving any federal financial
participation during that month in order to permit the nonminor
dependent to receive an SSI benefit during a single month of every
12-month period. The county shall subsequently reclaim the federally
funded AFDC-FC benefit in the following month.
   (d) Beginning in the 2011-12 fiscal year, and each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
  SEC. 99.  Section 15200 of the Welfare and Institutions Code is
amended to read:
   15200.  There is hereby appropriated out of any money in the State
Treasury not otherwise appropriated, and after deducting federal
funds available, the following sums:
   (a) To each county for the support and maintenance of needy
children, 95 percent of the sums specified in subdivision (a), and
paragraphs (1) and (2) of subdivision (e), of Section 11450.
   (b) To each county for the support and maintenance of pregnant
mothers, 95 percent of the sum specified in subdivisions (b) and (c)
of Section 11450.
   (c) For the adequate care of each child pursuant to subdivision
(d) of Section 11450, as follows:
   (1) Prior to the 2011-12 fiscal year, an amount equal to 40
percent of the sum necessary for the adequate care of each child.
   (2) Notwithstanding paragraph (1), beginning in the 2011-12 fiscal
year, and for each fiscal year thereafter, funding and expenditures
for programs and activities under this subdivision shall be in
accordance with the requirements provided in Sections 30025 and
30026.5 of the Government Code.
   (d) (1) Prior to the 2011-12 fiscal year for each county for the
support and care of hard-to-place adoptive children, 75 percent of
the nonfederal share of the amount specified in Section 16121.
   (2) Notwithstanding paragraph (1), beginning in the 2011-12 fiscal
year, and for each fiscal year thereafter, funding and expenditures
for programs and activities under this subdivision shall be in
accordance with the requirements provided in Sections 30025 and
30026.5 of the Government Code.
  SEC. 100.  Section 15204.25 of the Welfare and Institutions Code is
repealed.
  SEC. 101.  Section 15204.9 of the Welfare and Institutions Code is
amended to read:
   15204.9.  (a) Prior to the 2011-12 fiscal year, the state shall
pay 70 percent of the nonfederal administrative costs of
administering the Aid to Families with Dependent Children Foster Care
program under Article 5 (commencing with Section 11400) of Chapter
2.
   (b) Notwithstanding subdivision (a), beginning in the 2011-12
fiscal year, and for each fiscal year thereafter, funding and
expenditures for programs and activities under this section shall be
in accordance with the requirements provided in Sections 30025 and
30026.5 of the Government Code.
  SEC. 102.  Section 16002 of the Welfare and Institutions Code is
amended to read:
   16002.  (a) It is the intent of the Legislature to maintain the
continuity of the family unit, and ensure the preservation and
strengthening of the child's family ties by ensuring that when
siblings have been removed from their home, either as a group on one
occurrence or individually on separate occurrences, the siblings will
be placed in foster care together, unless it has been determined
that placement together is contrary to the safety or well-being of
any sibling. The Legislature recognizes that in order to ensure the
placement of a sibling group in the same foster care placement,
placement resources need to be expanded.
   (b) The responsible local agency shall make a diligent effort in
all out-of-home placements of dependent children, including those
with relatives, to place siblings together in the same placement, and
to develop and maintain sibling relationships. If siblings are not
placed together in the same home, the social worker shall explain why
the siblings are not placed together and what efforts he or she is
making to place the siblings together or why making those efforts
would be contrary to the safety and well-being of any of the
siblings. When placement of siblings together in the same home is not
possible, a diligent effort shall be made, and a case plan prepared,
to provide for ongoing and frequent interaction among siblings until
family reunification is achieved, or, if parental rights are
terminated, as part of developing the permanent plan for the child.
If the court determines by clear and convincing evidence that sibling
interaction is contrary to the safety and well-being of any of the
siblings, the reasons for the determination shall be noted in the
court order, and interaction shall be suspended.
   (c) When there has been a judicial suspension of sibling
interaction, the reasons for the suspension shall be reviewed at each
periodic review hearing pursuant to Section 366. When the court
determines that sibling interaction can be safely resumed, that
determination shall be noted in the court order and the case plan
shall be revised to provide for sibling interaction.
   (d) If the case plan for the child has provisions for sibling
interaction, the child, or his or her parent or legal guardian shall
have the right to comment on those provisions. If a person wishes to
assert a sibling relationship with a dependent child, he or she may
file a petition in the juvenile court having jurisdiction over the
dependent child pursuant to subdivision (b) of Section 388.
   (e) If parental rights are terminated and the court orders a
dependent child to be placed for adoption, the county adoption agency
or the State Department of Social Services shall take all of the
following steps to facilitate ongoing sibling contact, except in
those cases provided in subdivision (b) where the court determines by
clear and convincing evidence that sibling interaction is contrary
to the safety or well-being of the child:
   (1) Include in training provided to prospective adoptive parents
information about the importance of sibling relationships to the
adopted child and counseling on methods for maintaining sibling
relationships.
   (2) Provide prospective adoptive parents with information about
siblings of the child, except the address where the siblings of the
children reside. However, this address may be disclosed by court
order for good cause shown.
   (3) Encourage prospective adoptive parents to make a plan for
facilitating postadoptive contact between the child who is the
subject of a petition for adoption and any siblings of this child.
   (f) Information regarding sibling interaction, contact, or
visitation that has been authorized or ordered by the court shall be
provided to the foster parent, relative caretaker, or legal guardian
of the child as soon as possible after the court order is made, in
order to facilitate the interaction, contact, or visitation.
   (g) As used in this section, "sibling" means a child related to
another person by blood, adoption, or affinity through a common legal
or biological parent.
   (h) The court documentation on sibling placements required under
this section shall not require the modification of existing court
order forms until the Child Welfare Services Case Management System
is implemented on a statewide basis.
  SEC. 103.  Section 16100 of the Welfare and Institutions Code is
amended to read:
   16100.  (a) Any county may perform the home-finding and placement
functions, to investigate, examine, and make reports upon petitions
for adoption filed in the superior court, to act as a placement
agency in the placement of children for adoption, to accept
relinquishments for adoption, and to perform such other functions in
connection with adoption as the department deems necessary, or to do
any of them. Nothing in this section shall be construed to authorize
a county adoption agency, as provided in subdivision (d), to provide
intercountry adoption services.
   (b) Notwithstanding any other law, a county adoption agency
performing the functions specified in subdivision (a) may contract
for services described in subdivision (a) from any licensed private
adoption agency that the private adoption agency is licensed to
provide pursuant to Chapter 3 (commencing with Section 1500) of
Division 2 of the Health and Safety Code. A licensed county adoption
agency may also contract for services described in subdivision (a)
from any out-of-state licensed public or private adoption agency that
is licensed pursuant to the laws of that state. Any services
contracted for shall substantially meet the standards and criteria
established in California adoption regulations as determined by the
licensed county adoption agency. These services shall be contracted
for in order to facilitate adoptive placement of a specified category
of children for whom the licensed county adoption agency has
determined it cannot provide adequate services.
   (c) Counties that elect not to provide the adoption services
specified in subdivision (a) may contract with the department or
another county adoption agency to provide those services.
  SEC. 104.  Section 16101 of the Welfare and Institutions Code is
amended to read:
   16101.  (a) Prior to the 2011-12 fiscal year, the cost of
administering the adoption programs undertaken by a county under
license issued pursuant to Section 16100 of this code shall be borne
by the state in the amount found necessary by the department for
proper and efficient administration. The state shall reimburse the
county for all such necessary administrative costs, after deducting
therefrom the amount of fees collected by the county agency pursuant
to Section 8716 of the Family Code.
   (b) Beginning in the 2011-12 fiscal year, and each fiscal year
thereafter, funding and expenditures for programs and activities
under the section for the purposes of administering the adoption
programs shall be in accordance with the requirements provided in
Sections 30025 and 30026.5 of the Government Code.
  SEC. 105.  Section 16105 of the Welfare and Institutions Code is
amended to read:
   16105.  If any grants-in-aid are made by the federal government
for the cost of administering an adoption program, or for the cost of
care of children relinquished for adoption, the amount of the
federal grant shall be applied to defer the cost of administration or
of care.
  SEC. 106.  Section 16118 of the Welfare and Institutions Code is
amended to read:
   16118.  (a) The department shall establish and administer the
program to be carried out by the department or the county pursuant to
this chapter. The department shall adopt any regulations necessary
to carry out the provisions of this chapter.
   (b) The department shall keep the records necessary to evaluate
the program's effectiveness in encouraging and promoting the adoption
of children eligible for the Adoption Assistance Program.
   (c) The department or the county responsible for providing
financial aid in the amount determined in Section 16120 shall have
responsibility for certifying that the child meets the eligibility
criteria and for determining the amount of financial assistance
needed by the child and the adopting family.
   (d) The department shall actively seek and make maximum use of
federal funds that may be available for the purposes of this chapter.
In accordance with federal law, any savings realized from the change
in federal funding for adoption assistance resulting from the
enactment of the federal Fostering Connections to Success and
Increasing Adoptions Act of 2008 (Public Law 110-351) shall be spent
for the provision of foster care and adoption services, and the
counties shall annually report to the department how these savings
are spent, including any expenditures for post-adoption services. The
process for submitting this information shall be developed by the
department, in consultation with counties. All gifts or grants
received from private sources for the purpose of this chapter shall
be used to offset public costs incurred under the program established
by this chapter.
   (e) For purposes of this chapter, the county responsible for
determining the child's Adoption Assistance Program eligibility
status and for providing financial aid in the amount determined in
Sections 16120 and 16120.1 shall be the county that, at the time of
the adoptive placement, would otherwise be responsible for making a
payment pursuant to Section 11450 under the CalWORKs program or
Section 11461 under the Aid to Families with Dependent
Children-Foster Care program if the child were not adopted. When the
child has been voluntarily relinquished for adoption prior to a
determination of eligibility for this payment, the responsible county
shall be the county in which the relinquishing parent resides. The
responsible county for all other eligible children shall be the
county where the child is physically residing prior to placement with
the adoptive family. The responsible county shall certify
eligibility on a form prescribed by the department.
   (f) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
  SEC. 107.  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, county adoption agency, 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, county adoption agency, 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, county
adoption agency, 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, county adoption agency, 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, county adoption agency, or licensed adoption
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, county adoption agency, or 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, county adoption agency, or 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 or county adoption agency determines that the
adoptive parents are no longer legally responsible for the support of
the child.
   (2) The department or county adoption agency 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, county adoption agency, 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. 108.  Section 16120 of the Welfare and Institutions Code, as
amended by Section 39 of Chapter 459 of the Statutes of 2011, is
amended to read:
   16120.  A child shall be eligible for Adoption Assistance Program
benefits if all of the conditions specified in subdivisions (a) to
(l), inclusive, are met or if the conditions specified in subdivision
(m) are met.
   (a) It has been determined that the child cannot or should not be
returned to the home of his or her parents as evidenced by a petition
for termination of parental rights, a court order terminating
parental rights, or a signed relinquishment, or, in the case of a
tribal customary adoption, if the court has given full faith and
credit to a tribal customary adoption order as provided for pursuant
to paragraph (2) of subdivision (e) of Section 366.26.
   (b) The child has at least one of the following characteristics
that are barriers to his or her adoption:
   (1) Adoptive placement without financial assistance is unlikely
because of membership in a sibling group that should remain intact or
by virtue of race, ethnicity, color, language, three years of age or
older, or parental background of a medical or behavioral nature that
can be determined to adversely affect the development of the child.
   (2) Adoptive placement without financial assistance is unlikely
because the child has a mental, physical, emotional, or medical
disability that has been certified by a licensed professional
competent to make an assessment and operating within the scope of his
or her profession. This paragraph shall also apply to children with
a developmental disability, as defined in subdivision (a) of Section
4512, including those determined to require out-of-home nonmedical
care, as described in Section 11464.
   (c) The need for adoption subsidy is evidenced by an unsuccessful
search for an adoptive home to take the child without financial
assistance, as documented in the case file of the prospective
adoptive child. The requirement for this search shall be waived when
it would be against the best interest of the child because of the
existence of significant emotional ties with prospective adoptive
parents while in the care of these persons as a foster child.
   (d) The child satisfies any of the following criteria:
   (1) He or she is under 18 years of age.
   (2) He or she is under 21 years of age and has a mental or
physical handicap that warrants the continuation of assistance.
   (3) Effective January 1, 2012, he or she is under 19 years of age,
effective January 1, 2013, he or she is under 20 years of age, and
effective January 1, 2014, he or she is under 21 years of age and
attained 16 years of age before the adoption assistance agreement
became effective, and one or more of the conditions specified in
paragraphs (1) to (5), inclusive, of subdivision (b) of Section
11403.
   (e) The adoptive family is responsible for the child pursuant to
the terms of an adoptive placement agreement or a final decree of
adoption and has signed an adoption assistance agreement.
   (f) The adoptive family is legally responsible for the support of
the child and the child is receiving support from the adoptive
parent.
   (g) The department or the county responsible for determining the
child's Adoption Assistance Program eligibility status and for
providing financial aid, and the prospective adoptive parent, prior
to or at the time the adoption decree is issued by the court, have
signed an adoption assistance agreement that stipulates the need for,
and the amount of, Adoption Assistance Program benefits.
   (h) The prospective adoptive parent or any adult living in the
prospective adoptive home has completed the criminal background check
requirements pursuant to Section 671(a)(20)(A) and (C) of Title 42
of the United States Code.
   (i) To be eligible for state funding, the child is the subject of
an agency adoption, as defined in Section 8506 of the Family Code and
was any of the following:
   (1) Under the supervision of a county welfare department as the
subject of a legal guardianship or juvenile court dependency.
   (2) Relinquished for adoption to a licensed California private or
public adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and would have otherwise been at
risk of dependency as certified by the responsible public child
welfare agency.
   (3) Committed to the care of the department pursuant to Section
8805 or 8918 of the Family Code.
   (4) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24. Notwithstanding Section 8600.5 of the
Family Code, for purposes of this subdivision a tribal customary
adoption shall be considered an agency adoption.
   (j) To be eligible for federal funding, in the case of a child who
is not an applicable child for the federal fiscal year as defined in
subdivision (n), the child satisfies any of the following criteria:
   (1) Prior to the finalization of an agency adoption, as defined in
Section 8506 of the Family Code, or an independent adoption, as
defined in Section 8524 of the Family Code, is filed, the child has
met the requirements to receive federal supplemental security income
benefits pursuant to Subchapter 16 (commencing with Section 1381) of
Chapter 7 of Title 42 of the United States Code, as determined and
documented by the federal Social Security Administration.
   (2) The child was removed from the home of a specified relative
and the child would have been AFDC-eligible in the home of removal
according to Section 606(a) or 607 of Title 42 of the United States
Code, as those sections were in effect on July 16, 1996, in the month
of the voluntary placement agreement or in the month court
proceedings are initiated to remove the child, resulting in a
judicial determination that continuation in the home would be
contrary to the child's welfare. The child must have been living with
the specified relative from whom he or she was removed within six
months of the month the voluntary placement agreement was signed or
the petition to remove was filed.
   (3) The child was voluntarily relinquished to a licensed public or
private adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and there is a petition to the
court to remove the child from the home within six months of the time
the child lived with a specified relative and a subsequent judicial
determination that remaining in the home would be contrary to the
child's welfare.
   (4) Title IV-E foster care maintenance was paid on behalf of the
child's minor parent and covered the cost of the minor parent's child
while the child was in the foster family home or child care
institution with the minor parent.
   (5) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24.
   (k) To be eligible for federal funding, in the case of a child who
is an applicable child for the federal fiscal year, as defined in
subdivision (n), the child meets any of the following criteria:
   (1) At the time of initiation of adoptive proceedings was in the
care of a public or licensed private child placement agency or Indian
tribal organization pursuant to either of the following:
   (A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
   (B) A voluntary placement agreement or a voluntary relinquishment.

   (2) He or she meets all medical or disability requirements of
Title XVI with respect to eligibility for supplemental security
income benefits.
   (3) He or she was residing in a foster family home or a child care
institution with the child's minor parent, and the child's minor
parent was in the foster family home or child care institution
pursuant to either of the following:
   (A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
   (B) A voluntary placement agreement or voluntary relinquishment.
   (4) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24.

(l) The child is a citizen of the United States or a qualified alien
as defined in Section 1641 of Title 8 of the United States Code. If
the child is a qualified alien who entered the United States on or
after August 22, 1996, and is placed with an unqualified alien, the
child must meet the five-year residency requirement pursuant to
Section 673(a)(2)(B) of Title 42 of the United States Code, unless
the child is a member of one of the excepted groups pursuant to
Section 1612(b) of Title 8 of the United States Code.
   (m) A child shall be eligible for Adoption Assistance Program
benefits if the following conditions are met:
   (1) The child received Adoption Assistance Program benefits with
respect to a prior adoption and the child is again available for
adoption because the prior adoption was dissolved and the parental
rights of the adoptive parents were terminated or because the child's
adoptive parents died and the child meets the special needs criteria
described in subdivisions (a) to (c), inclusive.
   (2) To receive federal funding, the citizenship requirements in
subdivision (l).
   (n) (1) Except as provided in this subdivision, "applicable child"
means a child for whom an adoption assistance agreement is entered
into under this section during any federal fiscal year described in
this subdivision if the child attained the applicable age for that
federal fiscal year before the end of that federal fiscal year.
   (A) For federal fiscal year 2010, the applicable age is 16 years.
   (B) For federal fiscal year 2011, the applicable age is 14 years.
   (C) For federal fiscal year 2012, the applicable age is 12 years.
   (D) For federal fiscal year 2013, the applicable age is 10 years.
   (E) For federal fiscal year 2014, the applicable age is eight
years.
   (F) For federal fiscal year 2015, the applicable age is six years.

   (G) For federal fiscal year 2016, the applicable age is four
years.
   (H) For federal fiscal year 2017, the applicable age is two years.

   (I) For federal fiscal year 2018 and thereafter, any age.
   (2) Beginning with the 2010 federal fiscal year, the term
"applicable child" shall include a child of any age on the date on
which an adoption assistance agreement is entered into on behalf of
the child under this section if the child meets both of the following
criteria:
   (A) He or she has been in foster care under the responsibility of
the state for at least 60 consecutive months.
   (B) He or she meets the requirements of subdivision (k).
   (3) Beginning with the 2010 federal fiscal year, an applicable
child shall include a child of any age on the date that an adoption
assistance agreement is entered into on behalf of the child under
this section, without regard to whether the child is described in
paragraph (2), if the child meets all of the following criteria:
   (A) He or she is a sibling of a child who is an applicable child
for the federal fiscal year, under subdivision (n) or paragraph (2).
   (B) He or she is to be placed in the same adoption placement as an
"applicable child" for the federal fiscal year who is their sibling.

   (C) He or she meets the requirements of subdivision (k).
  SEC. 109.  Section 16120 of the Welfare and Institutions Code, as
amended by Section 40 of Chapter 459 of the Statutes of 2011, is
repealed.
  SEC. 110.  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 special
needs child, as defined in subdivisions (a) to (c), inclusive, and
subdivision (l), of Section 16120. 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. 111.  Section 16121.05 of the Welfare and Institutions Code is
amended to read:
   16121.05.  (a) The department or county adoption agency 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.
  SEC. 112.  Section 16122 of the Welfare and Institutions Code is
amended to read:
   16122.  (a) It is the intent of the Legislature in enacting this
chapter to provide children who would otherwise remain in long-term
foster care with permanent adoptive homes. It is also the intent of
this Legislature to encourage private adoption agencies to continue
placing these children, and in so doing, to achieve a substantial
savings to the state in foster care costs.
   (b) From any funds appropriated for this purpose, the state shall
compensate private adoption agencies licensed pursuant to Chapter 3
(commencing with Section 1500) of Division 2 of the Health and Safety
Code for costs of placing for adoption children eligible for
Adoption Assistance Program benefits pursuant to Section 16120.
   These agencies shall be compensated for otherwise unreimbursed
costs for the placement of these children in an amount not to exceed
a total of three thousand five hundred dollars ($3,500) per child
adopted. Half of the compensation shall be paid at the time the
adoptive placement agreement is signed. The remainder shall be paid
at the time the adoption petition is granted by the court. Requests
for compensation shall conform to claims procedures established by
the department. This section shall not be construed to authorize
reimbursement to private agencies for intercountry adoption services.

   (c) Effective July 1, 1999, the maximum amount of reimbursement
pursuant to subdivision (b) shall be five thousand dollars ($5,000).
   (d) Effective February 1, 2008, the maximum amount of
reimbursement pursuant to subdivision (b) shall be ten thousand
dollars ($10,000). This rate increase shall apply only to those cases
for which the adoptive home study approval occurred on or after July
1, 2007.
  SEC. 113.  Section 16123 of the Welfare and Institutions Code is
amended to read:
   16123.  The provisions of Section 16120, permitting the payment of
adoption assistance until a child attains the age of 18 or 21 if the
child has mental or physical handicaps, or effective January 1,
2012, up to 21 years of age, if the child meets the criteria
specified in paragraph (3) of subdivision (d) of Section 16120, shall
be effective as long as federal funds are available under Title IV-E
of the federal Social Security Act (Part E (commencing with Section
670) of Subchapter 4 of Chapter 7 of Title 42 of the United States
Code), and the state continues to exercise its option to extend
payments up to 21 years of age, pursuant to Section 473(a)(4) of the
federal Social Security Act (42 U.S.C. Sec. 673(a)(4)). When those
funds cease to be available, the maximum length for payment of the
Adoption Assistance Program shall be five years except in instances
in which there is a continuing need, related to a chronic health
condition of the child which necessitated the initial financial
assistance. On and after October 1, 1992, the parent may petition the
department or the responsible county to continue financial
assistance up to the age of majority.
  SEC. 114.  Section 16133 is added to the Welfare and Institutions
Code, to read:
   16133.  On and after July 1, 2011, when a person has been an
employee of the State Department of Social Services within the
12-month period prior to his or her employment by a county, the board
of supervisors, to the extent feasible, may allow that person to
retain, as a county employee, those employee benefits to which that
person was entitled or had accumulated as an employee of the State
Department of Social Services, or provide that employee with
comparable benefits provided for other county employees whose
services as county employees is equal to the state service of the
former employee of the State Department of Social Services. These
benefits include, but are not limited to, retirement benefits,
seniority rights under civil service, accumulated vacation, and sick
leave.
  SEC. 115.  Chapter 2.3 (commencing with Section 16135) of Part 4 of
Division 9 of the Welfare and Institutions Code, as added by Section
29 of Chapter 329 of the Statutes of 1998, is repealed.
  SEC. 116.  Section 16135 of the Welfare and Institutions Code, as
added by Section 2 of Chapter 1014 of the Statutes of 1998, is
amended to read:
   16135.  The purpose of this chapter is to establish a program for
special training and services to facilitate the adoption of children
who are HIV positive, or born to a substance-abusing mother. This
program shall be available to any county that elects to participate
pursuant to procedures established by the department.
  SEC. 117.  Section 16135.10 of the Welfare and Institutions Code,
as added by Section 2 of Chapter 1014 of the Statutes of 1998, is
amended to read:
   16135.10.  (a) In order to promote successful adoptions of
substance and alcohol exposed court dependent children, participating
counties shall maintain a program of specialized training and
supportive services to families adopting court dependent children who
are either HIV positive or assessed as being prenatally exposed to
alcohol or a controlled substance.
   (b) The program shall include respite services. Notwithstanding
any other provision of law, respite services shall be funded with a
30 percent nonfederal county share consistent with the normal sharing
ratio for child welfare services. This county share may be provided
with county general funds, in-kind contributions, or other funds. The
source of the county share shall meet all applicable state and
federal requirements and provide counties with maximum flexibility.
   (c) Notwithstanding subdivision (b), beginning in the 2011-12
fiscal year, and each fiscal year thereafter, funding and
expenditures for programs and activities under this section shall be
in accordance with the requirements provided in Sections 30025 and
30026.5 of the Government Code.
  SEC. 118.  Section 16135.16 of the Welfare and Institutions Code,
as added by Section 2 of Chapter 1014 of the Statutes of 1998, is
amended to read:
   16135.16.  The requirements of this section may be met by the
implementation of the TIES for Adoption program as defined in
Subdivision (b) of Section 16135.1.
  SEC. 119.  Section 16135.26 of the Welfare and Institutions Code,
as added by Section 2 of Chapter 1014 of the Statutes of 1998, is
repealed.
  SEC. 120.  Section 16500.5 of the Welfare and Institutions Code is
amended to read:
   16500.5.  (a) (1) The Legislature hereby declares its intent to
encourage the continuity of the family unit by:
   (A) (i) Providing family preservation services.
   (ii) For purposes of this subdivision, "family preservation
services" means intensive services for families whose children,
without these services, would be subject to any of the following:
   (I) Be at imminent risk of out-of-home placement.
   (II) Remain in existing out-of-home placement for longer periods
of time.
   (III) Be placed in a more restrictive out-of-home placement.
   (B) Providing supportive services for those children within the
meaning of Sections 360, 361, and 364 when they are returned to the
family unit or when a minor will probably soon be within the
jurisdiction of the juvenile court pursuant to Section 301.
   (C) Providing counseling and family support services designed to
eradicate the situation that necessitated intervention.
   (2) The Legislature finds that maintaining abused and neglected
children in foster care grows increasingly costly each year, and that
adequate funding for family services which might enable these
children to remain in their homes is not as readily available as
funding for foster care placement.
   (3) The Legislature further finds that other state bodies have
addressed this problem through various systems of flexible
reimbursement in child welfare programs that provide for more
intensive and appropriate services to prevent foster care placement
or significantly reduce the length of stay in foster care.
   (b) It is the intent of the Legislature that family preservation
and support services in California conform to the federal definitions
contained in Section 431 of the Social Security Act as contained in
Public Law 103-66, the Omnibus Budget Reconciliation Act of 1987. The
Legislature finds and declares that California's existing family
preservation programs meet the intent of the federal Promoting Safe
and Stable Families program.
   (c) (1) Services which may be provided under this program may
include, but are not limited to, counseling, mental health treatment
and substance abuse treatment services, parenting, respite, day
treatment, transportation, homemaking, and family support services.
Each county that chooses to provide mental health treatment and
substance abuse treatment shall identify and develop these services
in consultation with county mental health treatment and substance
abuse treatment agencies. Additional services may include those
enumerated in Sections 16506 and 16507. The services to be provided
pursuant to this section may be determined by each participating
county. Each county may contract with individuals and organizations
for services to be provided pursuant to this section. Each county
shall utilize available private nonprofit resources in the county
prior to developing new county-operated resources when these private
nonprofit resources are of at least equal quality and costs as
county-operated resources and shall utilize available county
resources of at least equal quality and cost prior to new private
nonprofit resources.
   (2) Participating counties authorized by this subdivision shall
provide specific programs of direct services based on individual
family needs as reflected in the service plans to families of the
following:
   (A) Children who are dependent children not taken from physical
custody of their parents or guardians pursuant to Section 364.
   (B) Children who are dependent children removed from the physical
custody of their parents or guardian pursuant to Section 361.
   (C) Children who it is determined will probably soon be within the
jurisdiction of the juvenile court pursuant to Section 301.
   (D) Upon approval of the department, children who have been
adjudged wards of the court pursuant to Sections 601 and 602.
   (E) Upon approval of the department, families of children subject
to Sections 726 and 727.
   (F) Upon approval of the department, children who are determined
to require out-of-home placement pursuant to Section 7572.5 of the
Government Code.
   (3) The services shall only be provided to families whose children
will be placed in out-of-home care without the provision of services
or to children who can be returned to their families with the
provision of services.
   (4) The services selected by any participating county shall be
reasonable and meritorious and shall demonstrate cost-effectiveness
and success at avoiding out-of-home placement, or reducing the length
of stay in out-of-home placement. A county shall not expend more
funds for services under this subdivision than that amount which
would be expended for placement in out-of-home care.
   (5) The program in each county shall be deemed successful if it
meets the following standards:
   (A) Enables families to resolve their own problems, effectively
utilize service systems, and advocate for their children in
educational and social agencies.
   (B) Enhancing family functioning by building on family strengths.
   (C) At least 75 percent of the children receiving services remain
in their own home for six months after termination of services.
   (D) During the first year after services are terminated:
   (i) At least 60 percent of the children receiving services remain
at home one year after services are terminated.
   (ii) The average length of stay in out-of-home care of children
selected to receive services who have already been removed from their
home and placed in out-of-home care is 50 percent less than the
average length of stay in out-of-home care of children who do not
receive program services.
   (E) Two years after the termination of family preservation
services:
   (i) The average length of out-of-home stay of children selected to
receive services under this section who, at the time of selection,
are in out-of-home care, is 50 percent less than the average length
of stay in out-of-home care for children in out-of-home care who do
not receive services pursuant to this section.
   (ii) At least 60 percent of the children who were returned home
pursuant to this section remain at home.
   (6) Funds used for services provided under this section shall
supplement, not supplant, child welfare services funds available for
services pursuant to Sections 16506 and 16507.
   (7) Programs authorized after the original pilot projects shall
submit data to the department upon the department's request.
   (d) (1) A county welfare department social worker or probation
officer may, pursuant to an appropriate court order, return a
dependent minor or ward of the court removed from the home pursuant
to Section 361 to his or her home, with appropriate interagency
family preservation program services.
   (2) The county probation department may, with the approval of the
State Department of Social Services, through an interagency agreement
with the county welfare department, refer cases to the county
welfare department for the direct provision of services under this
subdivision.
   (e) Foster care funds shall remain within the administrative
authority of the county welfare department and shall be used only for
placement services or placement prevention services or county
welfare department administrative cost related to the interagency
family preservation program.
   (f) To the extent permitted by federal law, any federal funds
provided for services to families and children may be utilized for
the purposes of this section.
   (g) A county may establish family preservation programs that serve
one or more geographic areas of the county, subject to the approval
of the State Department of Social Services.
   (1) All funds expended by a county for activities under this
section shall be expended by the county in a manner that will
maximize eligibility for federal financial participation.
   (2) Any county, subject to the approval of the State Department of
Social Services, may claim federal financial participation, if
allowable and available, as provided by the State Department of
Social Services in the federal Promoting Safe and Stable Families
program in accordance with the federal guidelines and regulations for
that county's AFDC-FC expenditures pursuant to subdivision (d) of
Section 11450, for children subject to Sections 300, 301, 360, and
364, in advance, provided that the county conducts a program of
family reunification and family maintenance services for families
receiving these services pursuant to Sections 300, 301, 360, and 364,
and as permitted by the department, children subject to Sections
601, 602, 726, and 727, and Section 7572.5 of the Government Code.
   (h) In order to maintain federal funding and meet federal
requirements, the State Department of Social Services and the Office
of Child Abuse Prevention shall provide administrative oversight,
monitoring, and consultation to ensure both of the following:
   (1) Each county includes in its county plan information that
details what services are to be funded under this section and who
will be served, and how the services are coordinated with the array
of services available in the county. In order to maintain federal
funding to meet federal requirements, the State Department of Social
Services shall review these plans and provide technical assistance as
needed, as provided in Section 10601.2. In order to meet federal
requirements, the Office of Child Abuse Prevention shall require
counties to submit annual reports, as part of the current reporting
process, on program services and children and families served. The
annual reporting process shall be developed jointly by the department
and county agencies for the purpose of meeting federal reporting
requirements.
   (2) In order to maximize federal financial participation for the
federal Promoting Safe and Stable Families grant, funds expended from
this program are in compliance with data-reporting requirements in
order to meet federal nonsupplantation requirements in accordance
with Section 1357.32 (f) of Title 45 of the Code of Federal
Regulations, and the 25 percent state match requirement in accordance
with Section 1357.32(d) of Title 45 of the Code of Federal
Regulations.
   (i) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be made with moneys allocated pursuant to
Sections 30025 and 30029.2 of the Government Code.
  SEC. 121.  Section 16500.51 of the Welfare and Institutions Code,
as added by Section 4 of Chapter 1120 of the Statutes of 1990, is
amended to read:
   16500.51.  (a) In addition to participation in the program
provided for under Section 16500.5, Solano and Alameda Counties may,
on a two-year project basis, and subject to the election of the board
of supervisors of each county to participate, expand the program
provided for in Section 16500.5 to also provide those family
preservation services to:
   (1) Children who have been adjudged wards of the court pursuant to
Sections 601 and 602.
   (2) Families of children subject to Section 726 and 727.
   (b) Except as otherwise provided in this section, the expanded
programs authorized under this section shall be subject to all of the
provisions of Section 16500.5 and shall be administered in
accordance with Section 16500.5.
   (c) The county probation department, through an interagency
agreement with the county welfare department, may refer cases to the
county welfare department for the provision of services under this
subdivision.
   (d) The county shall ensure that the proportion of funds used for
family preservation services for families and children needing these
services pursuant to Sections 300, 330, 361, and 364 shall be no less
than the proportion of those children in the county's foster care
population.
   (e) A dependent minor or ward of the court removed from the home
pursuant to Section 726 may also be returned to his or her home with
appropriate interagency family preservation services as provided in
subdivision (c) of Section 16500.5.
   (f) This participation is subject to the provisions of Section
16500.5.
  SEC. 122.  Section 16500.51 of the Welfare and Institutions Code,
as added by Section 2 of Chapter 1069 of the Statutes of 1998, is
repealed.
  SEC. 123.  Section 16500.55 of the Welfare and Institutions Code is
amended to read:
   16500.55.  Any county that participates in the program pursuant to
this section on or after the effective date of the act which amends
this section in the 1991 calendar year shall provide services to
children who have been adjudged wards of the court pursuant to
Sections 601 and 602 only to the extent approved by the department.
  SEC. 124.  Section 16500.65 of the Welfare and Institutions Code is
amended to read:
   16500.65.  (a) In addition to the three programs authorized under
Section 16500.5, Contra Costa County may implement a family
preservation and reunification program. The program shall be
administered in accordance with Section 16500.5, and shall be subject
to all of the provisions of that section.
   (b) The family preservation program authorized by this section may
serve all of the following:
                                                 (1) Families
receiving those services pursuant to Sections 300, 330, 361, and 364.

   (2) Children who have been adjudged wards of the court pursuant to
Sections 601 and 602.
   (3) Families of children subject to Sections 726 and 727.
   (c) The county probation department may, through an interagency
agreement with the county welfare department, refer cases to the
county welfare department for the direct provision of services under
this subdivision.
   (d) The county shall ensure that the proportion of funds used for
family preservation services for families and children needing those
services pursuant to Sections 300, 330, 361, and 364 shall be no less
than the proportion of those children in the county's foster care
program.
   (e) The project authorized by this subdivision shall be deemed
successful if the following criteria have been met:
   (1) At least 75 percent of the children who are not placed in
out-of-home care and who receive project services remain in their
home for at least six months after the termination of family
preservation services.
   (2) Two years after the termination of family preservation
services, the average length of out-of-home stay of children selected
to receive services under this section who, at the time of
selection, are in out-of-home care, is 50 percent less than the
average length of stay in out-of-home care for children in
out-of-home care who do not receive demonstration project services
pursuant to this section.
   (3) Two years after project services are terminated, at least 60
percent of the children who were returned home with project services
remain at home.
   (f) (1) The participating county shall submit, to the department
and to the appropriate committees of the Legislature, a preliminary
report upon the conclusion of the demonstration project, and a final
report six months after the conclusion of the project.
   (2) The participating county shall, in the reports required by
paragraph (1), demonstrate the extent the project met the criteria
for determining the success of the project specified in subdivision
(e).
   (g) A dependent minor or ward of the court removed from the home
pursuant to Section 726 may also be returned to his or her home with
appropriate interagency family preservation services as provided in
subdivision (c) of Section 16500.5.
  SEC. 125.  Section 16500.8 of the Welfare and Institutions Code is
amended to read:
   16500.8.  (a) The department shall, in consultation with counties,
seek additional federal revenues to finance the family preservation
activities described in Section 16500.7. Those revenue sources shall
include, but need not be limited to, all of the following:
   (1) Title IV-A of the federal Social Security Act, contained in
Part A (commencing with Section 601) of Subchapter 4 of Chapter 7 of
Title 42 of the United States Code.
   (2) Title IV-E of the federal Social Security Act contained in
Part E (commencing with Section 670) of Subchapter 4 of Chapter 7 of
Title 42 of the United States Code.
   (3) Title IV-B of the federal Social Security Act contained in
Part B (commencing with Section 620) of Subchapter 4 of Chapter 7 of
Title 42 of the United States Code.
   (4) Title XIX of the federal Social Security Act, contained in
Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42
of the United States Code.
   (b) It is the intent of the Legislature that any additional funds
received pursuant to this section shall supplement, and not supplant,
existing funding for family preservation services.
  SEC. 126.  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) Upon a determination pursuant to paragraph (1) of subdivision
(e) of Section 361.5 that reasonable services will be offered to a
parent who is incarcerated in a county jail or state prison, 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.
   (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.
   (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 case plan shall include a description of the type of home
or institution in which the child is to be placed, and the reasons
for that placement decision. The decision regarding choice of
placement shall be based upon selection of a safe setting that is the
least restrictive or most family like and the most appropriate
setting that is available and in close proximity to the parent's
home, proximity to the child's school, and consistent with the
selection of the environment best suited to meet the child's special
needs and best interests. The selection shall consider, in order of
priority, placement with relatives, nonrelated extended family
members, tribal members, and foster family homes , certified homes of
foster family agencies, intensive treatment or multidimensional
treatment foster care homes, group care placements, such as group
homes and community treatment facilities, and residential treatment
pursuant to Section 7950 of the Family Code.
   (2) If a group care placement is selected for a child, the case
plan shall indicate the needs of the child that necessitate this
placement, including the documentation required by subdivision (c) of
Section 11403, the plan for transitioning the child to a less
restrictive environment, and the projected timeline by which the
child will be transitioned to a less restrictive environment. This
section of the case plan shall be reviewed and updated at least
semiannually.
    (3) On or after January 1, 2012, for a nonminor dependent, as
defined in subdivision (v) of Section 11400, who is receiving AFDC-FC
benefits up to 21 years of age pursuant to Section 11403, in
addition to the above requirements, the selection of the placement,
including a supervised independent living placement, as described in
subdivision (w) of Section 11400, shall also be based upon the
developmental needs of young adults by providing opportunities to
have incremental responsibilities that prepare a nonminor dependent
to transition to independent living. If admission to, or continuation
in, a group home placement is being considered for a nonminor
dependent, the group home placement approval decision shall include a
youth-driven, team-based case planning process, as defined by the
department, in consultation with stakeholders. The case plan shall
consider the full range of placement options, and shall specify why
admission to, or continuation in, a group home placement is the best
alternative available at the time to meet the special needs or
well-being of the nonminor dependent, and how the placement will
contribute to the nonminor dependent's transition to independent
living. The case plan shall specify the treatment strategies that
will be used to prepare the nonminor dependent for discharge to a
less restrictive and more family-like setting, including a target
date for discharge from the group home placement. The placement shall
be reviewed and updated on a regular, periodic basis to ensure that
continuation in the group home remains in the best interests of the
nonminor dependent and that progress is being made in achieving case
plan goals leading to independent living. The group home placement
planning process shall begin as soon as it becomes clear to the
county welfare department or probation office that a foster child in
group home placement is likely to remain in group home placement on
his or her 18th birthday, in order to expedite the transition to a
less restrictive and more family-like setting if he or she becomes a
nonminor dependent. The case planning process shall include informing
the youth of all of his or her options, including, but not limited
to, admission to or continuation in a group home placement.
Consideration for continuation of existing group home placement for a
nonminor dependent under 19 years of age may include the need to
stay in the same placement in order to complete high school. After a
nonminor dependent either completes high school or attains his or her
19th birthday, whichever is earlier, continuation in or admission to
a group home is prohibited unless the nonminor dependent satisfies
the conditions of paragraph (5) of subdivision (b) of Section 11403,
and group home placement functions as a short-term transition to the
appropriate system of care. Treatment services provided by the group
home placement to the nonminor dependent to alleviate or ameliorate
the medical condition, as described in paragraph (5) of subdivision
(b) of Section 11403, shall not constitute the sole basis to
disqualify a nonminor dependent from the group home placement.
   (4) In addition to the requirements of paragraphs (1) to (3),
inclusive, 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 of origin, and school attendance area, the
number of school transfers the child has previously experienced, and
the child's school matriculation schedule, in addition to other
indicators of educational stability that the Legislature hereby
encourages the State Department of Social Services and the State
Department of Education to develop.
   (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
the person holding the right to make educational decisions for the
child and 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 a voluntary service or placement
agreement, the parents or legal guardians shall be required to
review and sign the case plan. Whenever possible, parents and legal
guardians shall participate in the development of the case plan.
Commencing January 1, 2012, for nonminor dependents, as defined in
subdivision (v) of Section 11400, who are receiving AFDC-FC up to 21
years of age pursuant to Section 11403, the transitional independent
living case plan, as set forth in subdivision (y) of Section 11400,
shall be developed with, and signed by, the nonminor.
   (B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be advised
that the parent's or guardian's failure to cooperate, except for
good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
   (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. If the
plan is for kinship guardianship, the case plan shall document how
the child meets the kinship guardianship eligibility requirements.
   (16) (A) When appropriate, for a child who is 16 years of age or
older and, commencing January 1, 2012, for a nonminor dependent, the
case plan shall include a written description of the programs and
services that will help the child, consistent with the child's best
interests, prepare for the transition from foster care to independent
living, and whether the youth has an in-progress application pending
for Title XVI Supplemental Security Income benefits or for Special
Juvenile Immigration Status or other applicable application for legal
residency and an active dependency case is required for that
application. When appropriate, for a nonminor dependent, the case
plan shall include a written description of the program and services
that will help the nonminor dependent, consistent with his or her
best interests, to prepare for transition from foster care and assist
the youth in meeting the eligibility criteria set forth in Section
11403. If applicable, the case plan shall describe the individualized
supervision provided in the supervised independent living setting as
defined, in subdivision (w) of Section 11400. The case plan shall be
developed with the child or nonminor dependent and individuals
identified as important to the child or nonminor dependent, and shall
include steps the agency is taking to ensure that the child or
nonminor dependent achieves permanence, including maintaining or
obtaining permanent connections to caring and committed adults.
   (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 provide the youth or nonminor with assistance and
support in developing the written 90-day transition plan, that is
personalized at the direction of the child, 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, a power of attorney for
health care and information regarding the advance health care
directive form.
   (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. 127.  Section 16501.3 of the Welfare and Institutions Code is
amended to read:
   16501.3.  (a) The State Department of Social Services shall
establish a program of public health nursing in the child welfare
services program. The purpose of the public health nursing program
shall be to identify, respond to, and enhance the physical, mental,
dental, and developmental well-being of children in the child welfare
system.
   (b) Under this program, counties shall use the services of a
foster care public health nurse. The foster care public health nurse
shall work with the appropriate child welfare services workers to
coordinate health care services and serve as a liaison with health
care professionals and other providers of health-related services.
This shall include coordination with county mental health plans and
local health jurisdictions, as appropriate.
   (c) The duties of a foster care public health nurse shall include,
but need not be limited to, the following:
   (1) Documenting that each child in foster care receives initial
and followup health screenings that meet reasonable standards of
medical practice.
   (2) Collecting health information and other relevant data on each
foster child as available, receiving all collected information to
determine appropriate referral and services, and expediting referrals
to providers in the community for early intervention services,
specialty services, dental care, mental health services, and other
health-related services necessary for the child.
   (3) Participating in medical care planning and coordinating for
the child. This may include, but is not limited to, assisting case
workers in arranging for comprehensive health and mental health
assessments, interpreting the results of health assessments or
evaluations for the purpose of case planning and coordination,
facilitating the acquisition of any necessary court authorizations
for procedures or medications, advocating for the health care needs
of the child and ensuring the creation of linkage among various
providers of care.
   (4) Providing follow-up contact to assess the child's progress in
meeting treatment goals.
   (d) The services provided by foster care public health nurses
under this section shall be limited to those for which reimbursement
may be claimed under Title XIX at an enhanced rate for services
delivered by skilled professional medical personnel. Notwithstanding
any other provision of law, this section shall be implemented only
if, and to the extent that, the department determines that federal
financial participation, as provided under Title XIX of the federal
Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available.
   (e) (1) The State Department of Health Care Services shall seek
any necessary federal approvals for child welfare agencies to
appropriately claim enhanced federal Title XIX funds for services
provided pursuant to this section.
   (2) Commencing in the fiscal year immediately following the fiscal
year in which the necessary federal approval pursuant to paragraph
(1) is secured, county child welfare agencies shall provide health
care oversight services pursuant to this section, and may accomplish
this through agreements with local public health agencies.
   (f) (1) Notwithstanding Section 10101, prior to the 2011-12 fiscal
year, there shall be no required county match of the nonfederal cost
of this program.
   (2) Commencing in the 2011-12 fiscal year, and each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
  SEC. 128.  Section 16501.5 of the Welfare and Institutions Code is
amended to read:
   16501.5.  (a) In order to protect children and effectively
administer and evaluate California's Child Welfare Services and
Foster Care programs, the department shall implement a single
statewide Child Welfare Services Case Management System no later than
July 1, 1993.
   (b) It is the intent of the Legislature in developing and
implementing a statewide Child Welfare Services Case Management
System to minimize the administrative and systems barriers which
inhibit the effective provision of services to children and families
by applying current technology to the systems which support the
provision and management of child welfare services. Therefore, it is
the intent of the Legislature that the Child Welfare Services Case
Management System achieve all of the following:
   (1) Provide child welfare services workers with immediate access
to child and family specific information in order to make appropriate
and expeditious case decisions.
   (2) Provide child welfare services workers with the case
management information needed to effectively and efficiently manage
their caseloads and take appropriate and timely case management
actions.
   (3) Provide state and county child welfare services management
with the information needed to monitor and evaluate the
accomplishment of child welfare services tasks and goals.
   (4) Provide all child welfare services agencies with a common data
base and definition of information from which to evaluate the child
welfare services programs in terms of the following:
   (A) Effectiveness in meeting statutory and regulatory mandates,
goals, and objectives of the programs.
   (B) Effectiveness in meeting the needs of the families and
children serviced by the program.
   (C) Projecting and planning for the future needs of the families
and children served by the program.
   (5) Meeting federal statistical reporting requirements with a
minimum of duplication of effort.
   (6) Consolidate the collection and reporting of information for
those programs which are closely related to child welfare services,
including foster care and emergency assistance.
   (7) Utilize the child welfare services functionality defined in
current and planned automated systems as the foundation for the
development of the technical requirements for the Child Welfare
Services Case Management System.
   (c) It is the intent of the Legislature that the Child Welfare
Services Case Management System shall provide the required
comprehensive and detailed individual county data needed by the
department to implement and monitor the performance standards system.

  SEC. 129.  Section 16501.8 of the Welfare and Institutions Code is
amended to read:
   16501.8.  Social workers shall make reasonable efforts to collect
and update necessary data regarding a child's incarcerated parent or
parents.
   The Legislature 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.
   Nothing in this section shall be interpreted to require the
department to create a new field in the statewide database for
incorporating the information specified in this section.
  SEC. 130.  Section 16508 of the Welfare and Institutions Code, as
amended by Section 68 of Chapter 559 of the Statutes of 2010, is
amended to read:
   16508.  Permanent placement services shall be provided or arranged
for by county welfare department staff for children who cannot
safely live with their parents and are not likely to return to their
own homes. Permanent placement services shall be available without
regard to income to the following children:
   (a) Children judged dependent under Section 300 where a review has
determined that reunification, adoption, tribal customary adoption,
or guardianship is inappropriate.
   (b) Recipients of public assistance under the nonfederally funded
Aid to Families with Dependent Children Foster Care program who are
wards of a legal guardian pursuant to Section 11405, where a review
has determined that reunification or adoption is inappropriate.
   (c) On and after January 1, 2012, nonminor dependents, as defined
in subdivision (v) of Section 11400, who are receiving AFDC-FC
pursuant to Section 11403.
  SEC. 131.  Section 16508 of the Welfare and Institutions Code, as
amended by Section 69 of Chapter 559 of the Statutes of 2010, is
repealed.
  SEC. 132.  Section 16508.1 of the Welfare and Institutions Code, as
amended by Section 23 of Chapter 287 of the Statutes of 2009, is
amended to read:
   16508.1.  (a) For every child who is in foster care, or who enters
foster care, on or after January 1, 1999, and has been in foster
care for 15 of the most recent 22 months, the social worker shall
submit to the court a recommendation that the court set a hearing
pursuant to Section 366.26 for the purpose of terminating parental
rights. The social worker shall concurrently initiate and describe a
plan to identify, recruit, process and approve a qualified family for
adoption of the child.
   (b) The social worker is not required to submit the recommendation
as described in subdivision (a) if any of the following applies:
   (1) The case plan for the child has documented a compelling reason
or reasons why it is unlikely that the child will be adopted, as
determined by the department when it is acting as an adoption agency
or by the licensed adoption agency, and therefore termination of
parental rights would not be in the best interest of the child or
that one of the conditions set forth in paragraph (1) of subdivision
(c) of Section 366.26 applies.
   (2) A hearing under Section 366.26 is already set.
   (3) The court has found at the previous hearing under Section
366.21 that there is a substantial probability that the child will be
returned to the child's home within the extended period of time
permitted.
   (4) The court has found at the previous hearing under Section
366.21 that reasonable reunification services have not been offered
or provided.
   (5) The court has found at each and every hearing at which the
court was required to consider reasonable efforts or services that
reasonable efforts were not made or that reasonable services were not
offered or provided.
   (6) The incarceration or institutionalization of the parent or
parents, or the court-ordered participation of the parent or parents
in a residential substance abuse treatment program, constitutes a
significant factor in the child's placement in foster care for a
period of 15 of the most recent 22 months, and termination of
parental rights is not in the child's best interests, considering
factors such as the age of the child, the degree of parent and child
bonding, the length of the sentence, and the nature of the treatment
and the nature of the crime or illness.
   (7) Tribal customary adoption is recommended.
   (c) A recommendation to the court pursuant to subdivision (a)
shall not be made if the social worker documents in the case record a
compelling reason why a hearing pursuant to Section 366.26 is not in
the best interest of the child, or that reasonable efforts to safely
return the child home are continuing consistent with the time period
provided for in paragraph (1) of subdivision (g) of Section 366.21.
   (d) Beginning January 1, 1999, the county welfare department shall
implement a procedure for reviewing the application of this section
to the case plans of all children who have been in foster care for 15
out of the most recent 22 months. The review shall proceed within
the following timeframes:
   (1) By July 1, 1999, one-third of the children shall have been
reviewed, giving priority to children who have been in foster care
the greatest length of time.
   (2) By January 1, 2000, at least two-thirds of the children shall
have been reviewed.
   (3) By July 1, 2000, all children shall have been reviewed.
   (e) For purposes of this section, a child shall be considered to
have entered foster care on the earlier of the date of the
jurisdictional hearing held pursuant to Section 356 or the date that
is 60 days after the date on which the child was initially removed
from the home of his or her parent or guardian.
  SEC. 133.  Section 16508.1 of the Welfare and Institutions Code, as
added by Section 24 of Chapter 287 of the Statutes of 2009, is
repealed.
  SEC. 134.  Section 16508.3 of the Welfare and Institutions Code is
repealed.
  SEC. 135.  Section 16516.5 of the Welfare and Institutions Code is
amended to read:
   16516.5.  (a) Notwithstanding any other provision of law or
regulation, all foster children placed in group homes by county
welfare departments or county probation departments shall be visited
at least monthly by a county social worker or probation officer. Each
visit shall include a private discussion between the foster child
and the county social worker or probation officer. The discussion
shall not be held in the presence or immediate vicinity of the group
home staff. The contents of the private discussion shall not be
disclosed to the group home staff, except that the social worker or
probation officer may disclose information under any of the following
circumstances:
   (1) The social worker or probation officer believes that the
foster child may be in danger of harming himself or herself, or
others.
   (2) The social worker or probation officer believes that
disclosure is necessary to meet the needs of the child.
   (3) The child consents to disclosure of the information.
   (b) (1) Prior to the 2011-12 fiscal year, notwithstanding Section
10101, the state shall pay 100 percent of the nonfederal costs
associated with the monthly visitation requirement in subdivision (a)
in excess of the minimum semiannual visits required under current
regulations.
   (2) Notwithstanding subdivision (b), beginning in the 2011-12
fiscal year, and for each fiscal year thereafter, funding and
expenditures for programs and activities under this section shall be
in accordance with the requirements provided in Sections 30025 and
30026.5 of the Government Code.
  SEC. 136.  Section 16519.5 of the Welfare and Institutions Code is
amended to read:
   16519.5.  (a) The State Department of Social Services, in
consultation with county child welfare agencies, foster parent
associations, and other interested community parties, shall implement
a unified, family friendly, and child-centered resource family
approval process to replace the existing multiple processes for
licensing foster family homes, approving relatives and nonrelative
extended family members as foster care providers, and approving
adoptive families.
   (b) Up to five counties shall be selected to participate on a
voluntary basis as early implementation counties for the purpose of
participating in the initial development of the approval process.
Early implementation counties shall be selected according to criteria
developed by the department in consultation with the County Welfare
Directors Association. In selecting the five early implementation
counties, the department shall promote diversity among the
participating counties in terms of size and geographic location.
   (c) (1) For the purposes of this section, "resource family" means
an individual or couple that a participating county determines to
have successfully met both the home approval standards and the
permanency assessment criteria adopted pursuant to subdivision (d)
necessary for providing care for a related or unrelated child who is
under the jurisdiction of the juvenile court, or otherwise in the
care of a county child welfare agency or probation department. A
resource family shall demonstrate all of the following:
   (A) An understanding of the safety, permanence, and well-being
needs of children who have been victims of child abuse and neglect,
and the capacity and willingness to meet those needs, including the
need for protection, and the willingness to make use of support
resources offered by the agency, or a support structure in place, or
both.
   (B) An understanding of children's needs and development,
effective parenting skills or knowledge about parenting, and the
capacity to act as a reasonable, prudent parent in day-to-day
decisionmaking.
   (C) An understanding of his or her role as a resource family and
the capacity to work cooperatively with the agency and other service
providers in implementing the child's case plan.
   (D) The financial ability within the household to ensure the
stability and financial security of the family.
   (E) An ability and willingness to maintain the least restrictive
and most familylike environment that serves the needs of the child.
   (2) Subsequent to meeting the criteria set forth in this
subdivision and designation as a resource family, a resource family
shall be considered eligible to provide foster care for related and
unrelated children in out-of-home placement, shall be considered
approved for adoption or guardianship, and shall not have to undergo
any additional approval or licensure as long as the family lives in a
county participating in the pilot program.
   (3) Resource family assessment and approval means that the
applicant meets the standard for home approval, and has successfully
completed a permanency assessment. This approval is in lieu of the
existing foster care license, relative or nonrelative extended family
member approval, and the adoption home study approval.
   (4) Approval of a resource family does not guarantee an initial or
continued placement of a child with a resource family.
   (d) Prior to implementation of this pilot program, the department
shall adopt standards pertaining to home approval and permanency
assessment of a resource family.
   (1) Resource family home approval standards shall include, but not
be limited to, all of the following:
   (A) (i) Criminal records clearance of all adults residing in the
home, pursuant to Section 8712 of the Family Code, utilizing a check
of the Child Abuse Central Index (CACI), a check of the Child Welfare
Services/Case Management System (CWS/CMS), receipt of a
fingerprint-based state criminal offender record information search
response, and submission of a fingerprint-based federal criminal
offender record information search.
   (ii) Consideration of any prior allegations of child abuse or
neglect against either the applicant or any other adult residing in
the home. An approval may not be granted to applicants whose criminal
record indicates a conviction for any of the offenses specified in
clause (i) of subparagraph (A) of paragraph (1) of subdivision (g) of
Section 1522 of the Health and Safety Code.
   (iii) Exemptions from the criminal records clearance requirements
set forth in this section may be granted by the director or the pilot
county, if that county has been granted permission by the director
to issue criminal records exemptions pursuant to Section 316.4, using
the exemption criteria currently used for foster care licensing as
specified in subdivision (g) of Section 1522 of the Health and Safety
Code.
   (B) Buildings and grounds, outdoor activity space, and storage
requirements set forth in Sections 89387, 89387.1, and 89387.2 of
Title 22 of the California Code of Regulations.
   (C) In addition to the foregoing requirements, the resource family
home approval standards shall also require the following:
   (i) That the applicant demonstrate an understanding about the
rights of children in care and his or her responsibility to safeguard
those rights.
   (ii) That the total number of children residing in the home of a
resource family shall be no more than the total number of children
the resource family can properly care for, regardless of status, and
shall not exceed six children, unless exceptional circumstances that
are documented in the foster child's case file exist to permit a
resource family to care for more children, including, but not limited
to, the need to place siblings together.
   (iii) That the applicant understands his or her responsibilities
with respect to acting as a reasonable and prudent parent, and
maintaining the least restrictive and most familylike environment
that serves the needs of the child.
   (D) The results of a caregiver risk assessment are consistent with
the factors listed in subparagraphs (A) to (D), inclusive, of
paragraph (1) of subdivision (c). A caregiver risk assessment shall
include, but not be limited to, physical and mental health, alcohol
and other substance use and abuse, and family and domestic violence.
   (2) The resource family permanency assessment standards shall
include, but not be limited to, all of the following:
   (A) The applicant shall complete caregiver training.
   (B) The applicant shall complete a psychosocial evaluation.
   (C) The applicant shall complete any other activities that relate
to a resource family's ability to achieve permanency with the child.
   (e) (1) A child may be placed with a resource family that has
received home approval prior to completion of a permanency assessment
only if a compelling reason for the placement exists based on the
needs of the child.
   (2) The permanency assessment shall be completed within 90 days of
the child's placement in the approved home, unless good cause exists
based upon the needs of the child.
   (3) If additional time is needed to complete the permanency
assessment, the county shall document the extenuating circumstances
for the delay and generate a timeframe for the completion of the
permanency assessment.
   (4) The county shall report to the department on a quarterly basis
the number of families with a child in an approved home whose
permanency assessment goes beyond 90 days and summarize the reasons
for these delays.
   (5) A child may be placed with a relative, as defined in Section
319, or nonrelative extended family member, as defined in Section
362.7, prior to home approval and completion of the permanency
assessment only on an emergency basis if all of the following
requirements are met:
   (A) Consideration of the results of a criminal records check
conducted pursuant to Section 16504.5 of the relative or nonrelative
extended family member and of every other adult in the home.
   (B) Consideration of the results of the Child Abuse Central Index
(CACI) consistent with Section 1522.1 of the Health and Safety Code
of the relative or nonrelative extended family member, and of every
other adult in the home.
   (C) The home and grounds are free of conditions that pose undue
risk to the health and safety of the child.
   (D) For any placement made pursuant to this paragraph, the county
shall initiate the home approval process no later than five business
days after the placement, which shall include a face-to-face
interview with the resource family applicant and child.
   (E) For any placement made pursuant to this paragraph, AFDC-FC
funding shall not be available until the home has been approved.
   (F) Any child placed under this section shall be afforded all the
rights set forth in Section 16001.9.
   (f) The State Department of Social Services shall be responsible
for all of the following:
   (1) Selecting early implementation counties, based on criteria
established by the department in consultation with the County Welfare
Directors Association.
   (2) Establishing timeframes for participating counties to submit
an implementation plan, enter into terms and conditions for
participation in the program, train appropriate staff, and accept
applications from resource families.
   (3) Entering into terms and conditions for participation in the
pilot program by counties.
   (4) Administering the program through the issuance of written
directives that shall have the same force and effect as regulations.
Any directive affecting Article 1 (commencing with Section 700) of
Chapter 7 of Title 11 of the California Code of Regulations shall be
approved by the Department of Justice. The directives shall be exempt
from the rulemaking provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340)) of Part 1 of Division 3
of Title 2 of the Government Code.
   (5) Approving and requiring the use of a single standard for
resource family home approval and permanency assessment.
   (6) Adopting and requiring the use of standardized documentation
for the home approval and permanency assessment of resource families.

   (7) Requiring counties to monitor resource families including, but
not limited to, all of the following:
   (A) Investigating complaints of resource families.
   (B) Developing and monitoring resource family corrective action
plans to correct identified deficiencies and to rescind resource
family approval if compliance with corrective action plans is not
achieved.
   (8) Ongoing oversight and monitoring of county systems and
operations including all of the following:
   (A) Reviewing the county's implementation of the pilot program.
   (B) Reviewing an adequate number of approved resource families in
each participating county to ensure that approval standards are being
properly applied. The review shall include case file documentation,
and may include onsite inspection of individual resource families.
The review shall occur on an annual basis, and more frequently if the
department becomes aware that a participating county is experiencing
a disproportionate number of
          complaints against individual resource family homes.
   (C) Reviewing county reports of serious complaints and incidents
involving approved resource families, as determined necessary by the
department. The department may conduct an independent review of the
complaint or incident and change the findings depending on the
results of its investigation.
   (D) Investigating unresolved complaints against participating
counties.
   (E) Requiring corrective action of counties that are not in full
compliance with the terms and conditions of the program.
   (9) Preparing or having prepared, and submitting to the
Legislature, a report on the results of the initial phase of
implementation of the program. The report shall include all of the
following:
   (A) An analysis, utilizing available data, of state and federal
data indicators related to the length of time to permanency including
reunification, guardianship and adoption, child safety factors, and
placement stability.
   (B) An analysis of resource family recruitment and retention
elements, including resource family satisfaction with approval
processes and changes regarding the population of available resource
families.
   (C) An analysis of cost, utilizing available data, including
funding sources.
   (D) An analysis of regulatory or statutory barriers to
implementing the pilot program on a statewide basis.
   (g) Counties participating in the pilot program shall be
responsible for all of the following:
   (1) Submitting an implementation plan, entering into terms and
conditions for participation in the program, consulting with the
county probation department in the development of the implementation
plan, training appropriate staff, and accepting applications from
resource families within the timeframes established by the
department.
   (2) Complying with the written directives pursuant to paragraph
(4) of subdivision (f).
   (3) Implementing the requirements for resource family home
approval and permanency assessment and utilizing standardized
documentation established by the department.
   (4) Ensuring staff have the education and experience necessary to
complete the home approval and permanency assessment competently.
   (5) Approving and denying resource family applications, including
all of the following:
   (A) Rescinding home approvals and resource family approvals where
appropriate, consistent with the established standard.
   (B) Providing disapproved resource families requesting review of
that decision due process by conducting county grievance reviews
pursuant to the department's regulations.
   (C) Notifying the department of any decisions denying a resource
family's application or rescinding the approval of a resource family.

   (6) Updating resource family approval annually.
   (7) Monitoring resource families through all of the following:
   (A) Ensuring that social workers who identify a condition in the
home that may not meet the approval standards set forth in
subdivision (d) while in the course of a routine visit to children
placed with a resource family take appropriate action as needed.
   (B) Requiring resource families to comply with corrective action
plans as necessary to correct identified deficiencies. If corrective
action is not completed as specified in the plan, the county may
rescind the resource family approval.
   (C) Requiring resource families to report to the county child
welfare agency any incidents consistent with the reporting
requirements for licensed foster family homes.
   (8) Investigating all complaints against a resource family and
taking action as necessary. This shall include investigating any
incidents reported about a resource family indicating that the
approval standard is not being maintained.
   (A) The child's social worker shall not conduct the formal
investigation into the complaint received concerning a family
providing services under the standards required by subdivision (d).
To the extent that adequate resources are available, complaints shall
be investigated by a worker who did not initially perform the home
approval or permanency assessment.
   (B) Upon conclusion of the complaint investigation, the final
disposition shall be reviewed and approved by a supervising staff
member.
   (C) The department shall be notified of any serious incidents or
serious complaints or any incident that falls within the definition
of Section 11165.5 of the Penal Code. If those incidents or
complaints result in an investigation, the department shall also be
notified as to the status and disposition of that investigation.
   (9) Performing corrective action as required by the department.
   (10) Assessing county performance in related areas of the
California Child and Family Services Review System, and remedying
problems identified.
   (11) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph (10) of subdivision (f).
   (h) Approved relatives and nonrelated extended family members,
licensed foster family homes, or approved adoptive homes that have
completed the license or approval process prior to full
implementation of the program shall not be considered part of the
program. The otherwise applicable assessment and oversight processes
shall continue to be administered for families and facilities not
included in the program.
   (i) The department may waive regulations that pose a barrier to
implementation and operation of this program. The waiver of any
regulations by the department pursuant to this section shall apply to
only those counties participating in the program and only for the
duration of the program.
   (j) Resource families approved under initial implementation of the
program, who move within a participating county or who move to
another early implementation program county, shall retain their
resource family status if the new building and grounds, outdoor
activity areas, and storage areas meet home approval standards. The
State Department of Social Services or pilot county may allow a
program-affiliated individual to transfer his or her subsequent
arrest notification if the individual moves from one early
implementation county to another early implementation county, as
specified in subdivision (h) of Section 1522 of the Health and Safety
Code.
   (k) (1) A resource family approved under this program that moves
to a nonparticipating county shall lose its status as a resource
family. The new county of residence shall deem the family approved
for licensing, relative and nonrelated extended family member
approval, guardianship, and adoption purposes, under the following
conditions:
   (A) The new building and grounds, outdoor activity areas, and
storage areas meet applicable standards, unless the family is subject
to a corrective action plan.
   (B) There has been a criminal records clearance of all adults
residing in the home and exemptions granted, using the exemption
criteria currently used for foster care licensing, as specified in
subdivision (g) of Section 1522 of the Health and Safety Code.
   (2) A program-affiliated individual who moves to a
nonparticipating county may not transfer his or her subsequent arrest
notification from a participating county to the nonparticipating
county.
   (l) Implementation of the program shall be contingent upon the
continued availability of federal Social Security Act Title IV-E (42
U.S.C. Sec. 670) funds for costs associated with placement of
children with resource families assessed and approved under the
program.
   (m) Notwithstanding Section 11402, a child placed with a resource
family shall be eligible for AFDC-FC payments. A resource family
shall be paid an AFDC-FC rate pursuant to Sections 11460 and 11461.
Sharing ratios for nonfederal expenditures for all costs associated
with activities related to the approval of relatives and nonrelated
extended family members shall be in accordance with Section 10101.
   (n) The Department of Justice shall charge fees sufficient to
cover the cost of initial or subsequent criminal offender record
information and Child Abuse Central Index searches, processing, or
responses, as specified in this section.
   (o) Approved resource families under this program shall be exempt
from all of the following:
   (1) Licensure requirements set forth under the Community Care
Facilities Act, commencing with Section 1500 of the Health and Safety
Code and all regulations promulgated thereto.
   (2) Relative and nonrelative extended family member approval
requirements set forth under Sections 309, 361.4, and 362.7, and all
regulations promulgated thereto.
   (3) Adoptions approval and reporting requirements set forth under
Section 8712 of the Family Code, and all regulations promulgated
thereto.
    (p) Early implementation counties shall be authorized to continue
through the end of the 2010-11 fiscal year, or through the end of
the third full fiscal year following the date that counties commence
implementation, whichever of these dates is later, at which time the
program shall be authorized in all counties.
   (q) Notwithstanding subdivision (p), this section shall not be
implemented until January 1, 2013.
  SEC. 137.  Section 16522 of the Welfare and Institutions Code is
amended to read:
   16522.  (a) The State Department of Social Services shall adopt
regulations to govern licensed transitional housing placement
providers that provide supervised transitional housing to foster
children at least 16 years of age and not more than 18 years of age,
and nonminor dependents, as defined in subdivision (v) of Section
11400.
   (b) The department may structure statewide implementation of
transitional housing placement providers on a phased-in basis.
   (c) (1) Transitional Housing Program-Plus providers, as defined in
subdivision (s) of Section 11400, shall not be subject to licensure
pursuant to Section 1559.110 of the Health and Safety Code, if they
are certified to provide transitional housing by the applicable
county and have obtained a local fire clearance.
   (2) By July 31, 2012, the department shall establish certification
standards and procedures for the THP-Plus Foster Care program, as
described in subdivision (c) of Section 16522.1, in consultation with
the County Welfare Directors Association, the California Youth
Connection, county probation departments, provider representatives,
and other stakeholders, as appropriate.
   (d) Transitional housing placement providers shall certify that
housing units comply with the health and safety standards set forth
in paragraph (5) of subdivision (b) of Section 1501 of the Health and
Safety Code. Transitional housing shall include any of the
following:
   (1) Programs in which one or more participants in the program live
in an apartment, single-family dwelling, or condominium with an
adult employee of the provider, or host family home.
   (2) Programs in which a participant lives independently in an
apartment, single-family dwelling, or condominium rented or leased by
the provider located in a building in which one or more adult
employees of the provider reside and provide supervision.
   (3) Programs in which a participant lives independently in an
apartment, single-family dwelling, or condominium rented or leased by
a provider under the supervision of the provider if the State
Department of Social Services provides approval. Effective October 1,
2012, the housing model described in this paragraph shall be
available only for the placement of nonminor dependents.
   (e) The regulations shall be age-appropriate and recognize that
youth who are about to exit from the foster care system should be
subject to fewer restrictions than those who are foster children. At
a minimum, the regulations shall provide for both of the following:
   (1) Require programs that serve youth who are both in and out of
the foster care system to have separate rules and program design, as
appropriate, for these two groups of youth.
   (2) Allow youth who have exited from the foster care system, on or
after their 18th birthday, to have the greatest amount of freedom
possible in order to prepare them for their transition to adulthood.
   (f) The regulations governing licensed transitional housing
placement providers that serve nonminor dependents shall be age
appropriate and recognize that nonminor dependents who are about to
exit from the foster care system should be subject to fewer
restrictions than those who are foster children. At a minimum, the
regulations shall provide for both of the following:
   (1) Require programs that serve foster children and nonminor
dependents to have separate rules and program design, as appropriate,
for these two groups of youth.
   (2) Allow nonminor dependents to have the greatest amount of
freedom possible in order to prepare them for their transition to
adulthood, in accordance with paragraph (1) of subdivision (b) of
Section 1502.7 of the Health and Safety Code.
  SEC. 138.  Section 16522.1 of the Welfare and Institutions Code is
amended to read:
   16522.1.  (a) In order to be licensed as a transitional housing
placement provider pursuant to Section 1559.110 of the Health and
Safety Code and be eligible for payment of AFDC-FC benefits pursuant
to Sections 11403.2 and 11403.3, an applicant shall obtain
certification from the applicable county specifying whether the
facility will serve foster youth at least 16 years of age and not
more than 18 years of age, nonminor dependents, as defined in
subdivision (v) of Section 11400, or both, as follows:
   (1) A program serving foster children at least 16 years of age and
not more than 18 years of age shall obtain a certification entitled
"Transitional Housing Placement Program."
   (2) A program serving nonminor dependents at least 18 years of age
and not more than 21 years of age shall obtain a certification
entitled a "Transitional Housing Placement-Plus Foster Care program."

   (b) The certification for the Transitional Housing Placement
Program shall confirm that the program provides for all of the
following:
   (1) Admission criteria for participants in the program, including,
but not limited to, consideration of the applicant's age, previous
placement history, delinquency history, history of drug or alcohol
abuse, current strengths, level of education, mental health history,
medical history, prospects for successful participation in the
program, and work experience. Youth who are wards of the court
described in Section 602 and youth receiving psychotropic medications
shall be eligible for consideration to participate in the program,
and shall not be automatically excluded due to these factors.
   (2) The department shall review the admission criteria to ensure
that the criteria are sufficient to protect participants and that
they do not discriminate on the basis of any characteristic listed or
defined in Section 11135 of the Government Code.
   (3) Strict employment criteria that include a consideration of the
employee's age, drug or alcohol history, and experience in working
with persons in this age group.
   (4) A training program designed to educate employees who work
directly with participants about the characteristics of persons in
this age group placed in long-term care settings, and designed to
ensure that these employees are able to adequately supervise and
counsel participants and to provide them with training in independent
living skills.
   (5) A detailed plan for monitoring the placement of persons under
the licensee's care.
   (6) A contract between the participating person and the licensee
that specifically sets out the requirements for each party, and in
which the licensee and the participant agree to the requirements of
this article.
   (7) An allowance to be provided to each participant in the
program. In the case of a participant living independently, this
allowance shall be sufficient for the participant to purchase food
and other necessities.
   (8) A system for payment for utilities, telephone, and rent.
   (9) Policies regarding all of the following:
   (A) Education requirements.
   (B) Work expectations.
   (C) Savings requirements.
   (D) Personal safety.
   (E) Visitors, including, but not limited to, visitation by the
placement auditor pursuant to paragraph (5).
   (F) Emergencies.
   (G) Medical problems.
   (H) Disciplinary measures.
   (I) Child care.
   (J) Pregnancy.
   (K) Curfew.
   (L) Apartment cleanliness.
   (M) Use of utilities and telephone.
   (N) Budgeting.
   (O) Care of furnishings.
   (P) Decorating of apartments.
   (Q) Cars.
   (R) Lending or borrowing money.
   (S) Unauthorized purchases.
   (T) Dating.
   (U) Grounds for termination that may include, but shall not be
limited to, illegal activities or harboring runaways.
   (10) Apartment furnishings, and a policy on disposition of the
furnishings when the participant completes the program.
   (11) Evaluation of the participant's progress in the program and
reporting to the independent living program and to the department
regarding that progress.
   (12) A linkage to the federal Workforce Investment Act of 1998 (29
U.S.C. Sec. 2801 et seq.) program administered in the local area to
provide employment training to eligible participants.
   (c) The certification for the Transitional Housing Placement-Plus
Foster Care program for nonminor dependents, as described in
paragraph (2) of subdivision (a), from the applicable county shall
include all of the following:
   (1) That the program is needed by the county.
   (2) That the provider is capable of effectively and efficiently
operating the program.
   (3) That the provider is willing and able to accept the
AFDC-FC-eligible nonminor dependents for placement by the placing
agency who need the level of care and services that will be provided
by the program.
   (4) That the plan of operation is suitable to meet the needs of
the identified population.
  SEC. 139.  Section 16522.2 of the Welfare and Institutions Code is
amended to read:
   16522.2.  (a) Eligible persons may receive transitional housing
only with the permission of both the independent living program of
the county in which the program is located and the county department
of social services or the county probation department that has
custody of the person.
   (b) This section does not apply to a nonminor dependent, as
defined in subdivision (v) of Section 11400.
  SEC. 140.  Section 16522.5 of the Welfare and Institutions Code is
amended to read:
   16522.5.  Prior to certification of a transitional housing
placement provider by a county, the department shall approve a plan
submitted by the county's independent living program that includes
assurances that the independent living program shall participate
actively in the screening of candidates for this program and shall
assist the licensed agency in the supervision of clients
participating in the program. This section does not apply to nonminor
dependents, as defined in subdivision (v) of Section 11400.
  SEC. 141.  Section 16525.10 of the Welfare and Institutions Code is
amended to read:
   16525.10.  (a)  In order to promote the development of placements
that will allow children to move into more homelike environments,
counties may establish an "Options for Recovery" program.
   (b) Prior to the 2011-12 fiscal year, notwithstanding any other
provision of law, the "Options for Recovery" services shall be funded
with a 30 percent nonfederal county share consistent with the normal
sharing ratio for child welfare services. This county share may be
provided with county general funds, or other sources of funds which
are unrestricted and are eligible for this use as provided by the
funding source. The source of the county share shall meet all
applicable state and federal requirements and provide counties with
maximum flexibility.
   (c) Notwithstanding subdivision (b), beginning in the 2011-12
fiscal year, and for each fiscal year thereafter, funding and
expenditures for programs and activities under this section shall be
in accordance with the requirements provided in Sections 30025 and
30026.5 of the Government Code.
  SEC. 142.  Section 16525.25 of the Welfare and Institutions Code is
amended to read:
   16525.25.  The counties participating pursuant to this section
shall do both of the following:
   (a) Maintain existing programs and standards for a specialized
foster home recruitment and training project that will establish
foster care placements to care for eligible children.
   (b) Coordinate sources of funding and services available to
eligible children in order to maximize the social services provided
to these children and avoid duplication of programs and funding.
  SEC. 143.  Section 16605 of the Welfare and Institutions Code is
amended to read:
   16605.  (a)  The Kinship Support Services Program provides
community-based family support services to relative caregivers and
the children placed in their homes by the juvenile court or who are
at risk of dependency or delinquency. Relatives with children in
voluntary placements may access services, at the discretion of the
county.
   (b) The counties that elect to participate in the Kinship Support
Services Program shall meet the following conditions and
requirements:
   (1) Have a demonstrated capacity for collaboration and interagency
coordination.
   (2) Have a viable plan for ongoing financial support of the local
kinship support services program.
   (3) Utilize relative caregivers as employees of the program.
   (4) Have strong and viable public or private agencies to operate
the program.
   (5) Describe how the county will develop and maintain the
necessary community supports.
   (c) The Kinship Support Services Program shall demonstrate the use
of supportive services provided to relative caregivers and children
placed in their homes using a community-based kinship support
services model. This model shall provide services to relative
caregivers that are aimed at helping to ensure permanent family
kinship placements for children who have been placed with them by the
juvenile court, and to provide family support services that will
eliminate the need for juvenile court jurisdiction and the provision
of services by the county welfare department.
   (d) The program shall provide family support services appropriate
for the target populations. These services may include, but are not
limited to, the following:
   (1) Assessment and case management.
   (2) Social services referral and intervention aimed at maintaining
the kinship family unit, for example, housing, homemaker services,
respite care, legal services, and day care.
   (3) Transportation for medical care and educational and
recreational activities.
   (4) Information and referral services.
   (5) Individual and group counseling in the area of parent-child
relationships and group conflict.
   (6) Counseling and referral services aimed at promoting
permanency, including kinship adoption and guardianship.
   (7) Tutoring and mentoring.
   (e) The Edgewood Center for Children and Families in San Francisco
or any other appropriate agency or individual approved by the
department in consultation with participating counties shall provide
technical assistance to the Kinship Support Services Program and
shall facilitate the sharing of information and resources among the
programs.
   (f) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
  SEC. 144.  Section 18250 of the Welfare and Institutions Code is
amended to read:
   18250.  (a) It is the intent of the Legislature that all counties
be authorized to provide children with service alternatives to group
home care through the development of expanded family based services
programs. These programs shall include individualized or "wraparound"
services, where services are wrapped around a child living with his
or her birth parent, relative, nonrelative extended family member as
defined in Section 362.7, adoptive parent, licensed or certified
foster parent, or guardian. The wraparound services developed under
this section shall build on the strengths of each eligible child and
family and be tailored to address their unique and changing needs.
   (b) It is further the intent of the Legislature that the county
wraparound services program include the following elements:
   (1) Enabling the county to access all possible sources of federal
funds for the purpose of developing family based service
alternatives.
   (2) Encouraging collaboration among persons and entities
including, but not limited to, parents, county welfare departments,
county mental health departments, county probation departments,
county health departments, special education local planning agencies,
school districts, and private service providers for the purpose of
planning and providing individualized services for children and their
birth or substitute families.
   (3) Ensuring local community participation in the development and
implementation of wraparound services by county placing agencies and
service providers.
   (4) Preserving and using the service resources and expertise of
nonprofit providers to develop family based and community-based
service alternatives.
   (c) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
  SEC. 145.  Section 18254 of the Welfare and Institutions Code is
amended to read:
   18254.  (a) Rates for wraparound services, under the wraparound
services program, shall be based on the following factors:
   (1) The average cost of rate classification 10 to 11 in each
county, minus the cost of any concurrent out-of-home placement, for
children who are or would be placed in a rate level 10 or 11 group
home.
   (2) The average cost of rate classification 12 to 14 in each
county, minus the cost of any concurrent out-of-home placement, for
children who are or would be placed in a rate level 12 to 14 group
home.
   (b) (1) Prior to the 2011-12 fiscal year, the department shall
reimburse each county, for the purpose of providing intensive
wraparound services, up to 100 percent of the state share of
nonfederal funds, to be matched by each county's share of cost as
established by law, and to the extent permitted by federal law, up to
100 percent of the federal funds allocated for group home placements
of eligible children, at the rate authorized pursuant to subdivision
(a).
       (2) Beginning in the 2011-12 fiscal year, and for each fiscal
year thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
   (c) County, and to the extent permitted by federal law, federal,
foster care funds shall remain with the administrative authority of
the county, which may enter into an interagency agreement to transfer
those funds, and shall be used to provide intensive wraparound
services.
    (d) Costs for the provision of benefits to eligible children, at
rates authorized by subdivision (a), through the wraparound services
program authorized by this chapter, shall not exceed the costs which
would otherwise have been incurred had the eligible children been
placed in a group home.
  SEC. 146.  Section 18255 of the Welfare and Institutions Code is
repealed.
  SEC. 147.  Section 18257 of the Welfare and Institutions Code is
amended to read:
   18257.  The State Department of Social Services shall seek
applicable federal approval to make the maximum number of children
being served through such programs eligible for federal financial
participation and amend any applicable state regulations to the
extent necessary to eliminate any limitations on the numbers of
children who can participate in these programs.
  SEC. 148.  Section 18358.30 of the Welfare and Institutions Code is
amended to read:
   18358.30.  (a) Rates for foster family agency programs
participating under this chapter shall be exempt from the current
AFDC-FC foster family agency ratesetting system.
   (b) Rates for foster family agency programs participating under
this chapter shall be set according to the appropriate service and
rate level based on the level of services provided to the eligible
child and the certified foster family. For an eligible child placed
from a group home program, the service and rate level shall not
exceed the rate paid for group home placement. For an eligible child
assessed by the county interagency review team or county placing
agency as at imminent risk of group home placement or psychiatric
hospitalization, the appropriate service and rate level for the child
shall be determined by the interagency review team or county placing
agency at time of placement. In all of the service and rate levels,
the foster family agency programs shall:
   (1) Provide social work services with average caseloads not to
exceed eight children per worker, except that social worker average
caseloads for children in Service and Rate Level E shall not exceed
12 children per worker.
   (2) Pay an amount not less than two thousand one hundred dollars
($2,100) per child per month to the certified foster parent or
parents.
   (3) Perform activities necessary for the administration of the
programs, including, but not limited to, training, recruitment,
certification, and monitoring of the certified foster parents.
   (4) (A) (i) Provide a minimum average range of service per month
for children in each service and rate level in a participating foster
family agency, represented by paid employee hours incurred by the
participating foster family agency, by the in-home support counselor
to the eligible child and the certified foster parents depending on
the needs of the child and according to the following schedule:
     Service              In-Home Support
       and                Counselor Hours
    Rate Level               Per Month
        A                   98-114 hours
        B                   81-97 hours
        C                   64-80 hours
        D                   47-63 hours


   (ii) Children placed at Service and Rate Level E shall receive
behavior deescalation and other support services on a flexible, as
needed, basis from an in-home support counselor. The foster family
agency shall provide one full-time in-home support counselor for
every 20 children placed at this level.
   (B) (i) For the interim period beginning July 1, 2012, through
June 30, 2015, inclusive, only the following modified service and
rate levels to support modified in-home support counselor hours per
month shall apply:
     Service              In-Home Support
       and                Counselor Hours
    Rate Level               Per Month
     Level I                81-114 hours
     Level II               47-80 hours
    Level III            Less than 47 hours


   (ii) Children placed at Service and Rate Level III shall receive
behavior deescalation and other support services on a flexible, as
needed, basis from an in-home support counselor. The foster family
agency shall provide one full-time in-home support counselor for
every 20 children placed at this level.
   (C) When the interagency review team or county placing agency and
the foster family agency agree that alternative services are in the
best interests of the child, the foster family agency may provide or
arrange for services and supports allowable under California's foster
care program in lieu of in-home support services required by
subparagraphs (A) and (B). These services and supports may include,
but need not be limited to, activities in the Multidimensional
Treatment Foster Care (MTFC) program.
   (c) The department or placing county, or both, may review the
level of services provided by the foster family agency program. If
the level of services actually provided are less than those required
by subdivision (b) for the child's service and rate level, the rate
shall be adjusted to reflect the level of service actually provided,
and an overpayment may be established and recovered by the
department.
   (d) (1) On and after July 1, 1998, the standard rate schedule of
service and rate levels shall be:
     Service                Fiscal Year
       and                    1998-99
    Rate Level             Standard Rate
        A                      $3,957
        B                      $3,628
        C                      $3,290
        D                      $2,970
        E                      $2,639


   (2) For the interim period beginning July 1, 2012, through June
30, 2015, inclusive, only the following modified service and rate
levels to support the modified standard rate schedule shall apply:
     Service
       and
    Rate Level             Standard Rate
     Level I                   $5,581
     Level II                  $4,798
    Level III                  $4,034


   (3) (A) On and after July 1, 1999, the standardized schedule of
rates shall be adjusted by an amount equal to the California
Necessities Index computed pursuant to Section 11453, rounded to the
nearest dollar. The resultant amounts shall constitute the new
standardized rate schedule, subject to further adjustment pursuant to
subparagraph (B), for foster family agency programs participating
under this chapter.
   (B) In addition to the adjustment in subparagraph (A), commencing
January 1, 2000, the standardized schedule of rates shall be
increased by 2.36 percent, rounded to the nearest dollar. The
resultant amounts shall constitute the new standardized rate schedule
for foster family agency programs participating under this chapter.
   (4) (A) Beginning with the 2000-01 fiscal year, the standardized
schedule of rates shall be adjusted annually by an amount equal to
the California Necessities Index computed pursuant to Section 11453,
subject to the availability of funds. The resultant amounts, rounded
to the nearest dollar, shall constitute the new standard rate
schedule for foster family agency programs participating under this
chapter.
   (B) Effective October 1, 2009, the rates identified in this
subdivision shall be reduced by 10 percent. The resulting amounts
shall constitute the new standardized schedule of rates.
   (5) Notwithstanding paragraphs (3) and (4), the rate identified in
paragraph (2) of subdivision (b) shall be adjusted on July 1, 2013,
and again on July 1, 2014, by an amount equal to the California
Necessities Index computed pursuant to Section 11453.
   (e) (1) Rates for foster family agency programs participating
under paragraph (1) of subdivision (d) shall not exceed Service and
Rate Level A at any time during an eligible child's placement. An
eligible child may be initially placed in a participating intensive
foster care program at any one of the five Service and Rate Levels A
to E, inclusive, and thereafter placed at any level, either higher or
lower, not to exceed a total of six months at any level other than
Service and Rate Level E, unless it is determined to be in the best
interests of the child by the child's county interagency review team
or county placing agency and the child's certified foster parents.
The child's county interagency placement review team or county
placement agency may, through a formal review of the child's
placement, extend the placement of an eligible child in a service and
rate level higher than Service and Rate Level E for additional
periods of up to six months each.
   (2) Rates for foster family agency programs participating under
paragraph (2) of subdivision (d) shall not exceed Service and Rate
Level I at any time during an eligible child's placement. An eligible
child may be initially placed in a participating intensive foster
care program at any one of the three Service and Rate Levels I to
III, inclusive, and thereafter placed at any level, either higher or
lower, not to exceed a total of six months at any level other than
Service and Rate Level III, unless it is determined to be in the best
interests of the child by the child's county interagency review team
or county placing agency, foster family agency, and the child's
certified foster parents. The child's county interagency placement
review team or county placement agency, through a formal review of
the child's placement, may extend the placement of an eligible child
in a service and rate level higher than Service and Rate Level III
for additional periods of up to six months each.
   (f) It is the intent of the Legislature that the rate paid to
participating foster family agency programs shall decrease as the
child's need for services from the foster family agency decreases.
The foster family agency shall notify the placing county and the
department of the reduced services and the pilot classification
model, and the rate shall be reduced accordingly.
   (g) It is the intent of the Legislature to prohibit any
duplication of public funding. Therefore, social worker services,
payments to certified foster parents, administrative activities, and
the services of in-home support counselors that are funded by another
public source shall not be counted in determining whether the foster
family agency program has met its obligations to provide the items
listed in paragraphs (1), (2), (3), and (4) of subdivision (b). The
department shall work with other potentially affected state
departments to ensure that duplication of payment or services does
not occur.
   (h) It is the intent of the Legislature that the State Department
of Social Services and the State Department of Health Care Services,
in collaboration with county placing agencies and ITFC providers and
other stakeholders, develop and implement an integrated system that
provides for the appropriate level of placement and care, support
services, and mental health treatment services to foster children
served in these programs.
   (i) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
  SEC. 149.  Section 18960 of the Welfare and Institutions Code is
amended to read:
   18960.  (a) It is the intent of the Legislature that child abuse
and neglect prevention and intervention programs be encouraged by the
funding of agencies addressing needs of children at high risk of
abuse or neglect and their families.
   (b) All funds expended by a county for activities under this
section shall be expended by the county in a manner that will
maximize eligibility for federal financial participation.
   (c) Priority shall be given to prevention programs through
nonprofit agencies, including, where appropriate, programs that
identify and provide services to isolated families, particularly
those with children five years of age or younger, high quality home
visiting programs based on research-based models of best practice,
and services to child victims of crime.
  SEC. 150.  Section 18961 of the Welfare and Institutions Code is
amended to read:
   18961.  (a) Projects and services funded pursuant to this article
shall be selected using the following criteria:
   (1) Priority shall be given to private, nonprofit agencies with
programs that serve the needs of children at risk of abuse or neglect
and that have demonstrated effectiveness in prevention or
intervention.
   (2) Agencies shall be eligible for funding provided that evidence
is submitted that the proposed services are not duplicated in the
community, are based on needs of children at risk, and are supported
by a local public agency, including, but not limited to, one of the
following:
   (A) The county welfare department.
   (B) A public law enforcement agency.
   (C) The county probation department.
   (D) The county board of supervisors.
   (E) The county public health department.
   (F) The county mental health department.
   (G) The school district.
   (3) Services provided shall be culturally and linguistically
appropriate to the populations served.
   (4) Services may include, but need not be limited to, day care,
respite services, transportation, mental health services, services
provided through home visiting programs, parent education and support
programs, domestic violence services, disability services, early
developmental screening and assessment, and counseling services.
   (5) Applicant agencies shall demonstrate the existence of a 10
percent cash or in-kind match that will support the goals of child
abuse and neglect prevention and intervention.
   (6) Funding shall be used to supplement, but not supplant, child
welfare services authorized pursuant to Chapter 5 (commencing with
Section 16500) of Part 4.
   (7) Training and technical assistance shall be provided by
private, nonprofit agencies to those agencies funded to provide
services under this article. Training and technical assistance shall
encompass all of the following:
   (A) Multidisciplinary approaches to child abuse prevention,
intervention, and treatment.
   (B) Facilitation of local services networks.
   (C) Establishment and support of child abuse councils.
   (D) Dissemination of information addressing issues of child abuse
among multicultural and special needs populations.
   (8) Priority for services shall be given to children who are at
high risk, including children who are being served by the county
welfare departments for being abused and neglected and other children
who are referred for services by legal, medical, or social services
agencies.
   (9) Service to minority populations shall be reflected in the
funding of projects.
   (10) Projects and services shall clearly be related to the needs
of children, especially those 14 years of age and under.
   (b) In a county that has established a multidisciplinary council,
the council shall be utilized to provide recommendations to the board
of supervisors for the funding processes and priorities.
   (c) Each county shall monitor the projects and services it funds.
   (d) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
  SEC. 151.  Section 18962 of the Welfare and Institutions Code is
amended to read:
   18962.  (a) If a board of supervisors chooses not to contract or
subcontract for the provision of services, the funds allocated for
that county shall revert to the State Children's Trust Fund
established under Section 18969 and shall be administered in
accordance with the provisions of law relating to the fund.
   (b) The county child welfare agency shall provide to the Office of
Child Abuse Prevention, no later than October 1 of each year, an
annual expenditure report to include funds expended, populations
served, and other information deemed necessary based on a process to
be developed by the department, in consultation with counties.
  SEC. 152.  Section 18987.7 of the Welfare and Institutions Code is
amended to read:
   18987.7.  (a) The State Department of Social Services shall
convene a workgroup of public and private nonprofit stakeholders that
shall develop a plan for transforming the current system of group
care for foster children or youth, and for children with serious
emotional disorders (SED), into a system of residentially based
services. The stakeholders may include, but not be limited to,
representatives of the department and of the State Department of
Mental Health, the State Department of Education, the State
Department of Alcohol and Drug Programs, and the Department of
Corrections and Rehabilitation; county child welfare, probation,
mental health, and alcohol and drug programs; local education
authorities; current and former foster youth, parents of foster
children or youth, and children or youth with SED; private nonprofit
agencies operating group homes; children's advocates; and other
interested parties.
   (b) The plan developed pursuant to this chapter shall utilize the
reports delivered to the Legislature pursuant to Section 75 of
Chapter 311 of the Statutes of 1998 by the Steering Committee for the
Reexamination of the Role of Group Care in a Family-Based System of
Care in June 2001 and August 2002, and the "Framework for a New
System for Residentially-Based Services in California" published in
March 2006.
   (c) In the development, implementation, and subsequent revisions
of the plan developed pursuant to subdivision (a), the knowledge and
experience gained by counties and private nonprofit agencies through
the operation of their residentially based services programs created
under voluntary agreements made pursuant to Section 18987.72,
including, but not limited to, the results of evaluations prepared
pursuant to paragraph (3) of subdivision (c) of Section 18987.72
shall be utilized.
   (d) The workgroup described in subdivision (a) shall be the
workgroup described in Section 11461.2. The responsibilities
described in subdivisions (b) and (c) shall be assumed by the
workgroup and the recommendations shall be submitted as set forth in
subdivision (f) of Section 11461.2.
  SEC. 153.  Section 18987.72 of the Welfare and Institutions Code is
amended to read:
   18987.72.  (a) In order to obtain knowledge and experience with
which to inform the process of developing and implementing the plan
for residentially based services, required by Section 18987.7, the
department shall encourage counties and private nonprofit agencies to
develop voluntary agreements to test alternative program design and
funding models for transforming existing group home programs into
residentially based services programs in order to meet the diverse
needs of children or youth and families in the child welfare,
juvenile justice, and mental health systems.
   (b) (1) With the approval of the department, any counties
participating in the federal Title IV-E waiver capped allocation
demonstration project pursuant to Section 18260, at their option, and
two other counties may enter into and implement voluntary agreements
with private nonprofit agencies to transform all or part of an
existing group home program into a residentially based services
program.
   (2) If one or more counties participating in the federal Title
IV-E waiver capped allocation demonstration project opts not to enter
into a voluntary agreement pursuant to this chapter, the department
may select one or more nonwaiver counties. The department may approve
up to four counties to participate in the voluntary agreements
pursuant to this section.
   (3) The department shall select participating counties, based on
letters of interest submitted to the department from counties, in
consultation with the California Alliance of Child and Family
Services and the County Welfare Directors Association.
   (c) Voluntary agreements by counties and nonprofit agencies shall
satisfy all of the following requirements:
   (1) Incorporate and address all of the components and elements for
residentially based services described in the "Framework for a New
System for Residentially-Based Services in California."
   (2) Reflect active collaboration among the private nonprofit
agency that will operate the residentially based services program and
county departments of social services, mental health, or juvenile
justice, alcohol and drug programs, county offices of education, or
other public entities, as appropriate, to ensure that children,
youth, and families receive the services and support necessary to
meet their needs.
   (3) Provide for an annual evaluation report, to be prepared
jointly by the county and the private nonprofit agency. The
evaluation report shall include analyses of the outcomes for children
and youth, including achievement of permanency, average lengths of
stay, and rates of entry and reentry into group care. The evaluation
report shall also include analyses of the involvement of children or
youth and their families, client satisfaction, the use of the program
by the county, the operation of the program by the private nonprofit
agency, payments made to the private nonprofit agency by the county,
actual costs incurred by the nonprofit agency for the operation of
the program, and the impact of the program on state and county
AFDC-FC program costs. The county shall send a copy of each annual
evaluation report to the director, and the director shall make these
reports available to the Legislature upon request.
   (4) Permit amendments, modifications, and extensions of the
agreement to be made, with the mutual consent of both parties and
with approval of the department, based on the evaluations described
in paragraph (3), and on the experience and information acquired from
the implementation and the ongoing operation of the program.
   (5) Be consistent with the county's system improvement plan
developed pursuant to the California Child Welfare Outcomes and
Accountability System.
   (d) (1) Upon a county's request, the director may waive child
welfare regulations regarding the role of counties in conjunction
with private nonprofit agencies operating residentially based
services programs to enhance the development and implementation of
case plans and the delivery of services in order to enable a county
and a private nonprofit agency to implement an agreement described in
subdivision (b). Nothing in this section shall be construed to
supersede the requirements set forth in subdivision (c) of Section
16501.
   (2) Notwithstanding Sections 11460 and 11462, or any other law or
regulation governing payments under the AFDC-FC program, upon the
request of one or more counties, and in accordance with the voluntary
agreements as described in subdivision (b), the director may also
approve the use of up to a total of five alternative funding models
for determining the method and level of payments that will be made
under the AFDC-FC program to private nonprofit agencies operating
residentially based services programs in lieu of using the rate
classification levels and schedule of standard rates provided for in
Section 11462. These alternative funding models may include, but
shall not be limited to, the use of cost reimbursement, case rates,
per diem or monthly rates, or a combination thereof. An alternative
funding model shall do all of the following:
   (A) Support the values and goals for residentially based services,
including active child and family involvement, permanence,
collaborative decisionmaking, and outcome measurement.
   (B) Ensure that quality care and effective services are delivered
to appropriate children or youth at a reasonable cost to the public.
   (C) Ensure that payment levels are sufficient to permit the
private nonprofit agencies operating residentially based services
programs to provide care and supervision, social work activities,
parallel predischarge community-based interventions for families, and
followup postdischarge support and services for children and their
families, including the cost of hiring and retaining qualified staff.

   (D) Facilitate compliance with state requirements and the
attainment of federal and state performance objectives.
   (E) Control overall program costs by providing incentives for the
private nonprofit agencies to use the most cost-effective approaches
for achieving positive outcomes for the children or youth and their
families.
   (F) Facilitate the ability of the private nonprofit agencies to
access other available public sources of funding and services to meet
the needs of the children or youth placed in their residentially
based services programs, and the needs of their families.
   (G) Enable the combination of various funding streams necessary to
meet the full range of services needed by foster children or youth
in residentially based services programs, with particular reference
to funding for mental health treatment services through the Medi-Cal
Early and Periodic Screening, Diagnosis, and Treatment program.
   (H) Maximize federal financial participation, and mitigate the
loss of federal funds, while ensuring the effective delivery of
services to children or youth and families, and the achievement of
positive outcomes.
   (I) Provide for effective administrative oversight and enforcement
mechanisms in order to ensure programmatic and fiscal
accountability.
   (3) A waiver granted by the director pursuant to paragraph (1), or
an approval of an alternative funding model pursuant to paragraph
(2), shall be applicable only to the development, implementation, and
ongoing operation of a residentially based services program and
related county activities provided under the terms of the agreement
and for the duration of the agreement, and shall be granted only when
all of the following apply:
   (A) The agreement promises to offer a worthwhile test related to
the development, implementation, and ongoing operation of a
residentially based services program as described in this chapter.
   (B) Existing regulatory provisions or the existing AFDC-FC payment
requirements, or both, impose barriers for the effective, efficient,
and timely implementation of the agreement.
                                               (C) The requesting
county proposes to monitor the agreement for compliance with the
terms of the waiver or the alternative funding model, or both.
   (D) Notwithstanding any change to payments made to group homes
under Section 11462, the department may pay higher AFDC-FC payments
for children and youth who are enrolled in a residentially based
services program, to be offset by cost efficiencies achieved through
shorter lengths of stay in foster care, or a reduction of reentries
into foster care, as a result of providing predischarge support and
postdischarge services to the children or youth and their families.
Any upfront costs for this project shall be offset by other program
savings identified by the department, to ensure that there are no net
General Fund costs in each fiscal year.
   (e) In addition to the requirements set forth in subdivision (c),
the voluntary agreements shall do all of the following:
   (1) Provide that, to the extent that some of the care, services,
and other activities associated with a residentially based services
program operated under an agreement described in subdivision (b) are
not eligible for federal financial participation as foster care
maintenance payments under Part E (commencing with Section 470) of
Title IV of the federal Social Security Act (42 U.S.C. Sec. 670 et
seq.), but may be eligible for federal financial participation as
administration or training, or may be eligible for federal financial
participation under other programs, including, but not limited to,
Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et
seq.), the appropriate state departments shall take measures to
obtain that federal funding.
   (2) Provide that, prior to approving any waiver or alternative
funding model pursuant to subdivision (d), the director shall make a
determination that the design of the residentially based services
program to be operated under the agreement described in subdivision
(b) would ensure the health and safety of children or youth to be
served.
   (f) Agreements entered into pursuant to this section shall
terminate on or before July 1, 2016, unless a later enacted statute
extends or removes this limitation.
   (g) The department shall report during the legislative budget
hearings on the status of any county agreements entered into pursuant
to subdivision (b), and on the development of statewide
residentially based services programs. This report shall be submitted
with the recommendations made pursuant to Section 11461.2.
  SEC. 154.  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.
  SEC. 155.  The sum of one thousand dollars ($1,000) is hereby
appropriated from the General Fund to the State Department of Social
Services for administration.
  SEC. 156.  This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.