BILL NUMBER: SB 1064	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 19, 2012

INTRODUCED BY   Senator De León
   (  Coauthor:   Senator  
Yee   Coauthors:   Senators   Correa,
  Vargas,   and Yee  )
   (Coauthors: Assembly Members Alejo,  V. Manuel Pérez, 
Swanson, and Williams)

                        FEBRUARY 13, 2012

   An act to amend Section 3040 of the Family Code, to amend Sections
1510 and 1514 of the Probate Code, and to amend Sections 309, 361,
361.2, 361.3, 361.4, 361.5, 366.21, 366.215, 366.22, 366.25, 366.27,
388, and 16501.1 of, and to add Sections 10609.95 and 10609.97 to,
the Welfare and Institutions Code, relating to child custody.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1064, as amended, De León. Child custody: immigration.
   (1) Under existing law, a child who is removed from the physical
custody of his or her  parent or  parents in dissolution,
dependency, or probate guardianship proceedings may be placed with a
 parent,  relative  , legal guardian, or other specified
persons or in specified placement homes or facilities  . When a
child is placed with his or her relative during dependency
proceedings and the relative is not a licensed or certified foster
parent, existing law requires a county social worker to visit the
relative's home, prior to placing the child in that home, to
ascertain the appropriateness of the placement. Existing law also
requires the court or county social worker to initiate a state and
federal criminal records check of the relative through the California
Law Enforcement Telecommunications System as part of the assessment.

   This bill would permit a court to place a child in any of those
proceedings with a  parent, legal guardian, or  relative
regardless of the  relative's  immigration status
 of the parent, legal guardian, or relative  . This bill
would also permit a relative's foreign consulate identification card
or foreign passport to be used for initiating the criminal records
and fingerprint clearance checks. To the extent this bill would
impose additional duties on county welfare departments, this bill
would create a state-mandated local program.
   (2) Existing law sets forth the procedure for terminating the
parental rights of a dependent child, including regular review
hearings before a court may order a hearing to terminate parental
rights. Under existing law, a court may continue these review
hearings 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.
   This bill would authorize a court to extend the review hearing
periods following consideration of the parent's circumstances if a
parent has been arrested and issued an immigration hold, detained by
the United States  Immigration and Customs Enforcement
  Department of Homeland Security  , or deported to
his or her country of origin, and, under these circumstances would
authorize a court to continue the case only if the court finds that
the parent has made reasonable efforts to regain custody of the child
or that termination of parental rights would be detrimental to the
child. The bill would prohibit this extension under specified
circumstances, including if the child was an abandoned infant, the
parent was accused of murder or voluntary manslaughter of another of
his or her children or of felony assault against this child or
another of the parent's children. Additionally, the bill would
authorize a court to decide not to extend the case if the child was
under 3 years of age or part of a sibling group in which at least one
child was under 3 years of age and the siblings were or should be
placed together.  The bill would permit the review hearing to
be extended up to a maximum period not to exceed 24 months after the
date the child was removed from the parent's physical custody.

   (3) Existing law establishes the State Department of Social
Services, which oversees the administration of county public social
services, including child welfare services.
   This bill would require the State Department of Social Services to
provide guidance to counties and municipalities  , no later than
July 1, 2013,  to establish memoranda of understanding with
foreign consulates in child custody cases, including procedures for
contacting a consulate, accessing a child's documentation, locating a
detained parent, assisting in family reunification after a parent
has been deported,  aiding the safe transfer of a child to the
parent's country of origin,  and communicating with relevant
departments and services in a parent's country of origin. The bill
would require a county or municipality subject to a memorandum of
understanding to contact a foreign consulate for necessary documents
if a child in a child custody case is eligible for special immigrant
juvenile status under federal law. Additionally, the bill would
require the department to provide guidelines to counties and
municipalities  , no later than July 1, 2013,  detailing
procedures for social workers to assist children in child custody and
dependency cases who are eligible for special immigrant juvenile
status  and any other form of relief available under any
immigration law  . 
   (4) The bill would change references in the above-described
provisions from the United States Immigration and Customs Enforcement
to the United States Department of Homeland Security, and would make
other technical, nonsubstantive changes.  
   (4) 
    (5)  The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 3040 of the Family Code is amended to read:
   3040.  (a) Custody should be granted in the following order of
preference according to the best interest of the child as provided in
Sections 3011 and 3020:
   (1) To both parents jointly pursuant to Chapter 4 (commencing with
Section 3080) or to either parent. In making an order granting
custody to either parent, the court shall consider, among other
factors, which parent is more likely to allow the child frequent and
continuing contact with the noncustodial parent, consistent with
Sections 3011 and 3020, and shall not prefer a parent as custodian
because of that parent's sex. The court, in its discretion, may
require the parents to submit to the court a plan for the
implementation of the custody order.
   (2) If to neither parent, to the person or persons in whose home
the child has been living in a wholesome and stable environment.
   (3) To any other person or persons deemed by the court to be
suitable and able to provide adequate and proper care and guidance
for the child.
   (b)  A relative's   The  immigration
status  of a parent, legal guardian, or relative  shall not
disqualify the  parent, legal guardian, or  relative from
receiving custody under  paragraphs (2) and (3) of 
subdivision (a).
   (c) This section establishes neither a preference nor a
presumption for or against joint legal custody, joint physical
custody, or sole custody, but allows the court and the family the
widest discretion to choose a parenting plan that is in the best
interest of the child.
  SEC. 2.  Section 1510 of the Probate Code is amended to read:
   1510.  (a) A relative or other person on behalf of the minor, or
the minor if 12 years of age or older, may file a petition for the
appointment of a guardian of the minor. A relative may file a
 guardianship   petition for appointment of
  a guardian  under this section regardless of the
relative's immigration status.
   (b) The petition shall request that a guardian of the person or
estate of the minor, or both, be appointed, shall specify the name
and address of the proposed guardian and the name and date of birth
of the proposed ward, and shall state that the appointment is
necessary or convenient.
   (c) The petition shall set forth, so far as is known to the
petitioner, the names and addresses of all of the following:
   (1) The parents of the proposed ward.
   (2) The person having legal custody of the proposed ward and, if
that person does not have the care of the proposed ward, the person
having the care of the proposed ward.
   (3) The relatives of the proposed ward within the second degree.
   (4) In the case of a guardianship of the estate, the spouse of the
proposed ward.
   (5) Any person nominated as guardian for the proposed ward under
Section 1500 or 1501.
   (6) In the case of a guardianship of the person involving an
Indian child, any Indian custodian and the Indian child's tribe.
   (d) If the proposed ward is a patient in or on leave of absence
from a state institution under the jurisdiction of the State
Department of Mental Health or the State Department of Developmental
Services and that fact is known to the petitioner, the petition shall
state that fact and name the institution.
   (e) The petition shall state, so far as is known to the
petitioner, whether or not the proposed ward is receiving or is
entitled to receive benefits from the Veterans Administration and the
estimated amount of the monthly benefit payable by the Veterans
Administration for the proposed ward.
   (f) If the petitioner has knowledge of any pending adoption,
juvenile court, marriage dissolution, domestic relations, custody, or
other similar proceeding affecting the proposed ward, the petition
shall disclose the pending proceeding.
   (g) If the petitioners have accepted or intend to accept physical
care or custody of the child with intent to adopt, whether formed at
the time of placement or formed subsequent to placement, the
petitioners shall so state in the guardianship petition, whether or
not an adoption petition has been filed.
   (h) If the proposed ward is or becomes the subject of an adoption
petition, the court shall order the guardianship petition
consolidated with the adoption petition, and the consolidated case
shall be heard and decided in the court in which the adoption is
pending.
   (i) If the proposed ward is or may be an Indian child, the
petition shall state that fact.
  SEC. 3.  Section 1514 of the Probate Code is amended to read:
   1514.  (a) Upon hearing of the petition, if it appears necessary
or convenient, the court may appoint a guardian of the person or
estate of the proposed ward or both.
   (b) (1) In appointing a guardian of the person, the court is
governed by Chapter 1 (commencing with Section 3020) and Chapter 2
(commencing with Section 3040) of Part 2 of Division 8 of the Family
Code, relating to custody of a minor.
   (2) Except as provided in Section 2105, a minor's parent may not
be appointed as a guardian of the person of the minor.
   (c) The court shall appoint a guardian nominated under Section
1500 insofar as the nomination relates to the guardianship of the
estate unless the court determines that the nominee is unsuitable. If
the nominee is a relative, the nominee's immigration status alone
shall not constitute unsuitability.
   (d) The court shall appoint the person nominated under Section
1501 as guardian of the property covered by the nomination unless the
court determines that the nominee is unsuitable. If the person so
appointed is appointed only as guardian of the property covered by
the nomination, the letters of guardianship shall so indicate.
   (e) Subject to subdivisions (c) and (d), in appointing a guardian
of the estate:
   (1) The court is to be guided by what appears to be in the best
interest of the proposed ward, taking into account the proposed
guardian's ability to manage and to preserve the estate as well as
the proposed guardian's concern for and interest in the welfare of
the proposed ward.
   (2) If the proposed ward is of sufficient age to form an
intelligent preference as to the person to be appointed as guardian,
the court shall give consideration to that preference in determining
the person to be so appointed.
  SEC. 4.  Section 309 of the Welfare and Institutions Code is
amended to read:
   309.  (a) Upon delivery to the social worker of a child who has
been taken into temporary custody under this article, the social
worker shall immediately investigate the circumstances of the child
and the facts surrounding the child's being taken into custody and
attempt to maintain the child with the child's family through the
provision of services. The social worker shall immediately release
the child to the custody of the child's parent, guardian, or
responsible relative, regardless of the  parent's, guardian's, or
 relative's immigration status, unless one or more of the
following conditions exist:
   (1) The child has no parent, guardian, or responsible relative; or
the child's parent, guardian, or responsible relative is not willing
to provide care for the child.
   (2) Continued detention of the child is a matter of immediate and
urgent necessity for the protection of the child and there are no
reasonable means by which the child can be protected in his or her
home or the home of a responsible relative.
   (3) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
   (4) The child has left a placement in which he or she was placed
by the juvenile court.
   (5) The parent or other person having lawful custody of the child
voluntarily surrendered physical custody of the child pursuant to
Section 1255.7 of the Health and Safety Code and did not reclaim the
child within the 14-day period specified in subdivision (e) of that
section.
   (b) In any case in which there is reasonable cause for believing
that a child who is under the care of a physician and surgeon or a
hospital, clinic, or other medical facility and cannot be immediately
moved and is a person described in Section 300, the child shall be
deemed to have been taken into temporary custody and delivered to the
social worker for the purposes of this chapter while the child is at
the office of the physician and surgeon or the medical facility.
   (c) If the child is not released to his or her parent or guardian,
the child shall be deemed detained for purposes of this chapter.
   (d) (1) If an able and willing relative, as defined in Section
319, or an able and willing nonrelative extended family member, as
defined in Section 362.7, is available and requests temporary
placement of the child pending the detention hearing, the county
welfare department shall initiate an assessment of the relative's or
nonrelative extended family member's suitability, which shall include
an in-home inspection to assess the safety of the home and the
ability of the relative or nonrelative extended family member to care
for the child's needs, and a consideration of the results of a
criminal records check conducted pursuant to subdivision (a) of
Section 16504.5 and a check of allegations of prior child abuse or
neglect concerning the relative or nonrelative extended family member
and other adults in the home. A relative's identification card from
a foreign consulate or foreign passport shall be considered a valid
form of identification for conducting a criminal records check and
fingerprint clearance check under this subdivision. Upon completion
of this assessment, the child may be placed in the assessed home. For
purposes of this paragraph, and except for the criminal records
check conducted pursuant to subdivision (a) of Section 16504.5, the
standards used to determine suitability shall be the same standards
set forth in the regulations for the licensing of foster family
homes.
   (2) Immediately following the placement of a child in the home of
a relative or a nonrelative extended family member, the county
welfare department shall evaluate and approve or deny the home for
purposes of AFDC-FC eligibility pursuant to Section 11402. The
standards used to evaluate and grant or deny approval of the home of
the relative and of the home of a nonrelative extended family member,
as described in Section 362.7, shall be the same standards set forth
in regulations for the licensing of foster family homes which
prescribe standards of safety and sanitation for the physical plant
and standards for basic personal care, supervision, and services
provided by the caregiver.
   (3) To the extent allowed 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 et seq.), if a relative or nonrelative extended
family member meets all other conditions for approval, except for the
receipt of the Federal Bureau of Investigation's criminal history
information for the relative or nonrelative extended family member,
and other adults in the home, as indicated, the county welfare
department may approve the home and document that approval, if the
relative or nonrelative extended family member, and each adult in the
home, has signed and submitted a statement that he or she has never
been convicted of a crime in the United States, other than a traffic
infraction as defined in paragraph (1) of subdivision (a) of Section
42001 of the Vehicle Code. If, after the approval has been granted,
the department determines that the relative or nonrelative extended
family member or other adult in the home has a criminal record, the
approval may be terminated.
   (4) If the criminal records check indicates that the person has
been convicted of a crime for which the Director of Social Services
cannot grant an exemption under Section 1522 of the Health and Safety
Code, the child shall not be placed in the home. If the criminal
records check indicates that the person has been convicted of a crime
for which the Director of Social Services may grant an exemption
under Section 1522 of the Health and Safety Code, the child shall not
be placed in the home unless a criminal records exemption has been
granted by the county based on substantial and convincing evidence to
support a reasonable belief that the person with the criminal
conviction is of such good character as to justify the placement and
not present a risk of harm to the child.
   (e) (1) If the child is removed, the social worker shall conduct,
within 30 days, an investigation in order to identify and locate all
grandparents, adult siblings, and other adult relatives of the child,
as defined in paragraph (2) of subdivision (f) of Section 319,
including any other adult relatives suggested by the parents. The
social worker shall provide to all adult relatives who are located,
except when that relative's history of family or domestic violence
makes notification inappropriate, within 30 days of removal of the
child, written notification and shall also, whenever appropriate,
provide oral notification, in person or by telephone, of all the
following information:
   (A) The child has been removed from the custody of his or her
parent or parents, or his or her guardians.
   (B) An explanation of the various options to participate in the
care and placement of the child and support for the child's family,
including any options that may be lost by failing to respond. The
notice shall provide information about providing care for the child
while the family receives reunification services with the goal of
returning the child to the parent or guardian, how to become a foster
family home or approved relative or nonrelative extended family
member as defined in Section 362.7, and additional services and
support that are available in out-of-home placements. The notice
shall also include information regarding the Kin-GAP Program (Article
4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of
Division 9), the CalWORKs program for approved relative caregivers
(Chapter 2 (commencing with Section 11200) of Part 3 of Division 9),
adoption, and adoption assistance (Chapter 2.1 (commencing with
Section 16115) of Part 4 of Division 9), as well as other options for
contact with the child, including, but not limited to, visitation.
The State Department of Social Services, in consultation with the
County Welfare Directors Association of California and other
interested stakeholders, shall develop the written notice.
   (2) On and after January 1, 2011, the social worker shall also
provide the adult relatives notified pursuant to paragraph (1) with a
relative information form to provide information to the social
worker and the court regarding the needs of the child. The form shall
include a provision whereby the relative may request the permission
of the court to address the court, if the relative so chooses. The
Judicial Council, in consultation with the State Department of Social
Services and the County Welfare Directors Association of California,
shall develop the form.
   (3) The social worker shall use due diligence in investigating the
names and locations of the relatives pursuant to paragraph (1),
including, but not limited to, asking the child in an age-appropriate
manner about relatives important to the child, consistent with the
child's best interest, and obtaining information regarding the
location of the child's adult relatives. Each county welfare
department shall create and make public a procedure by which
relatives of a child who has been removed from his or her parents or
guardians may identify themselves to the county welfare department
and be provided with the notices required by paragraphs (1) and (2).
  SEC. 5.  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 (5) 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'   attorney's  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 licensed 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. 6.  Section 361.2 of the Welfare and Institutions Code is
amended to read:
   361.2.  (a) When a court orders removal of a child pursuant to
Section 361, the court shall first determine whether there is a
parent of the child, with whom the child was not residing at the time
that the events or conditions arose that brought the child within
the provisions of Section 300, who desires to assume custody of the
child. If that parent
requests custody, the court shall place the child with the parent
unless it finds that placement with that parent would be detrimental
to the safety, protection, or physical or emotional well-being of the
child.
   (b) If the court places the child with that parent it may do any
of the following:
   (1) Order that the parent become legal and physical custodian of
the child. The court may also provide reasonable visitation by the
noncustodial parent. The court shall then terminate its jurisdiction
over the child. The custody order shall continue unless modified by a
subsequent order of the superior court. The order of the juvenile
court shall be filed in any domestic relation proceeding between the
parents.
   (2) Order that the parent assume custody subject to the
jurisdiction of the juvenile court and require that a home visit be
conducted within three months. In determining whether to take the
action described in this paragraph, the court shall consider any
concerns that have been raised by the child's current caregiver
regarding the parent. After the social worker conducts the home visit
and files his or her report with the court, the court may then take
the action described in paragraph (1), (3), or this paragraph.
However, nothing in this paragraph shall be interpreted to imply that
the court is required to take the action described in this paragraph
as a prerequisite to the court taking the action described in either
paragraph (1) or paragraph (3).
   (3) Order that the parent assume custody subject to the
supervision of the juvenile court. In that case the court may order
that reunification services be provided to the parent or guardian
from whom the child is being removed, or the court may order that
services be provided solely to the parent who is assuming physical
custody in order to allow that parent to retain later custody without
court supervision, or that services be provided to both parents, in
which case the court shall determine, at review hearings held
pursuant to Section 366, which parent, if either, shall have custody
of the child.
   (c) The court shall make a finding either in writing or on the
record of the basis for its determination under subdivisions (a) and
(b).
   (d) Part 6 (commencing with Section 7950) of Division 12 of the
Family Code shall apply to the placement of a child pursuant to
paragraphs (1) and (2) of subdivision (e).
   (e) When the court orders removal pursuant to Section 361, the
court shall order the care, custody, control, and conduct of the
child to be under the supervision of the social worker who may place
the child in any of the following:
   (1) The home of a noncustodial parent as described in subdivision
(a) , regardless of the parent's immigration status  .
   (2) The approved home of a relative, regardless of the relative's
immigration status.
   (3) The approved home of a nonrelative extended family member as
defined in Section 362.7.
   (4) A foster home in which the child has been placed before an
interruption in foster care, if that placement is in the best
interest of the child and space is available.
   (5) A suitable licensed community care facility.
   (6) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
   (7) A home or facility in accordance with the federal Indian Child
Welfare Act  (25 U.S.C. Sec. 1901 et seq.)  .
   (8) A child under the age of six years may be placed in a
community care facility licensed as a group home for children, or a
temporary shelter care facility as defined in Section 1530.8 of the
Health and Safety Code, only under any of the following
circumstances:
   (A) When a case plan indicates that placement is for purposes of
providing specialized treatment to the child, the case plan specifies
the need for, nature of, and anticipated duration of this treatment,
and the facility meets the applicable regulations adopted under
Section 1530.8 of the Health and Safety Code and standards developed
pursuant to Section 11467.1. The specialized treatment period shall
not exceed 120 days, unless additional time is needed pursuant to the
case plan as documented by the caseworker and approved by the
caseworker's supervisor.
   (B) When a case plan indicates that placement is for purposes of
providing family reunification services. In addition, the facility
offers family reunification services that meet the needs of the
individual child and his or her family, permits parents to have
reasonable access to their children 24 hours a day, encourages
extensive parental involvement in meeting the daily needs of their
children, and employs staff trained to provide family reunification
services. In addition, one of the following conditions exists:
   (i) The child's parent is also a ward of the court and resides in
the facility.
   (ii) The child's parent is participating in a treatment program
affiliated with the facility and the child's placement in the
facility facilitates the coordination and provision of reunification
services.
   (iii) Placement in the facility is the only alternative that
permits the parent to have daily 24-hour access to the child in
accordance with the case plan, to participate fully in meeting all of
the daily needs of the child, including feeding and personal
hygiene, and to have access to necessary reunification services.
   (f) (1) If the child is taken from the physical custody of the
child's parent or guardian and unless the child is placed with
relatives, the child shall be placed in foster care in the county of
residence of the child's parent or guardian in order to facilitate
reunification of the family.
   (2) In the event that there are no appropriate placements
available in the parent's or guardian's county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent's or guardian's
community of residence.
   (3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child's placement corresponding to
frequent changes of residence by the parent or guardian. In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent's or guardian's
reason for the move.
   (4) When it has been determined that it is necessary for a child
to be placed in a county other than the child's parent's or guardian'
s county of residence, the specific reason the out-of-county
placement is necessary shall be documented in the child's case plan.
If the reason the out-of-county placement is necessary is the lack of
resources in the sending county to meet the specific needs of the
child, those specific resource needs shall be documented in the case
plan.
   (5) When it has been determined that a child is to be placed
out-of-county either in a group home or with a foster family agency
for subsequent placement in a certified foster family home, and the
sending county is to maintain responsibility for supervision and
visitation of the child, the sending county shall develop a plan of
supervision and visitation that specifies the supervision and
visitation activities to be performed and specifies that the sending
county is responsible for performing those activities. In addition to
the plan of supervision and visitation, the sending county shall
document information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern in the receiving county. Upon implementation of the Child
Welfare Services Case Management System, the plan of supervision and
visitation, as well as information regarding any known or suspected
dangerous behavior of the child, shall be made available to the
receiving county upon placement of the child in the receiving county.
If placement occurs on a weekend or holiday, the information shall
be made available to the receiving county on or before the end of the
next business day.
   (6) When it has been determined that a child is to be placed
out-of-county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties. The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation. The formal agreement shall be approved
and signed by the sending and receiving counties prior to placement
of the child in the receiving county. In addition, upon completion of
the case plan, the sending county shall provide a copy of the
completed case plan to the receiving county. The case plan shall
include information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern to the receiving county.
   (g) Whenever the social worker must change the placement of the
child and is unable to find a suitable placement within the county
and must place the child outside the county, the placement shall not
be made until he or she has served written notice on the parent or
guardian at least 14 days prior to the placement, unless the child's
health or well-being is endangered by delaying the action or would be
endangered if prior notice were given. The notice shall state the
reasons which require placement outside the county. The parent or
guardian may object to the placement not later than seven days after
receipt of the notice and, upon objection, the court shall hold a
hearing not later than five days after the objection and prior to the
placement. The court shall order out-of-county placement if it finds
that the child's particular needs require placement outside the
county.
   (h) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether the family ties and best interest of the
child will be served by granting visitation rights to the child's
grandparents. The court shall clearly specify those rights to the
social worker.
   (i) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether there are any siblings under the court's
jurisdiction, the nature of the relationship between the child and
his or her siblings, the appropriateness of developing or maintaining
the sibling relationships pursuant to Section 16002, and the impact
of the sibling relationships on the child's placement and planning
for legal permanence.
   (j) (1) When an agency has placed a child with a relative
caregiver, a nonrelative extended family member, a licensed foster
family home, or a group home, the agency shall ensure placement of
the child in a home that, to the fullest extent possible, best meets
the day-to-day needs of the child. A home that best meets the
day-to-day needs of the child shall satisfy all of the following
criteria:
   (A) The child's caregiver is able to meet the day-to-day health,
safety, and well-being needs of the child.
   (B) The child's caregiver is permitted to maintain the least
restrictive and most family-like environment that serves the
day-to-day needs of the child.
   (C) The child is permitted to engage in reasonable,
age-appropriate day-to-day activities that promote the most
family-like environment for the foster child.
   (2) The foster child's caregiver shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, to determine day-to-day activities that are
age-appropriate to meet the needs of the child. Nothing in this
section shall be construed to permit a child's caregiver to permit
the child to engage in day-to-day activities that carry an
unreasonable risk of harm, or subject the child to abuse or neglect.
  SEC. 7.  Section 361.3 of the Welfare and Institutions Code is
amended to read:
   361.3.  (a) In any case in which a child is removed from the
physical custody of his or her parents pursuant to Section 361,
preferential consideration shall be given to a request by a relative
of the child for placement of the child with the relative, regardless
of the relative's immigration status. In determining whether
placement with a relative is appropriate, the county social worker
and court shall consider, but shall not be limited to, consideration
of all the following factors:
   (1) The best interest of the child, including special physical,
psychological, educational, medical, or emotional needs.
   (2) The wishes of the parent, the relative, and child, if
appropriate.
   (3) The provisions of Part 6 (commencing with Section 7950) of
Division 12 of the Family Code regarding relative placement.
   (4) Placement of siblings and half siblings in the same home, if
that placement is found to be in the best interest of each of the
children as provided in Section 16002.
   (5) The good moral character of the relative and any other adult
living in the home, including whether any individual residing in the
home has a prior history of violent criminal acts or has been
responsible for acts of child abuse or neglect.
   (6) The nature and duration of the relationship between the child
and the relative, and the relative's desire to care for, and to
provide legal permanency for, the child if reunification is
unsuccessful.
   (7) The ability of the relative to do the following:
   (A) Provide a safe, secure, and stable environment for the child.
   (B) Exercise proper and effective care and control of the child.
   (C) Provide a home and the necessities of life for the child.
   (D) Protect the child from his or her parents.
   (E) Facilitate court-ordered reunification efforts with the
parents.
   (F) Facilitate visitation with the child's other relatives.
   (G) Facilitate implementation of all elements of the case plan.
   (H) Provide legal permanence for the child if reunification fails.

   However, any finding made with respect to the factor considered
pursuant to this subparagraph and pursuant to subparagraph (G) shall
not be the sole basis for precluding preferential placement with a
relative.
   (I) Arrange for appropriate and safe child care, as necessary.
   (8) The safety of the relative's home. For a relative to be
considered appropriate to receive placement of a child under this
section, the relative's home shall first be approved pursuant to the
process and standards described in subdivision (d) of Section 309.
   In this regard, the Legislature declares that a physical
disability, such as blindness or deafness, is no bar to the raising
of children, and a county social worker's determination as to the
ability of a disabled relative to exercise care and control should
center upon whether the relative's disability prevents him or her
from exercising care and control. The court shall order the parent to
disclose to the county social worker the names, residences, and any
other known identifying information of any maternal or paternal
relatives of the child. This inquiry shall not be construed, however,
to guarantee that the child will be placed with any person so
identified. The county social worker shall initially contact the
relatives given preferential consideration for placement to determine
if they desire the child to be placed with them. Those desiring
placement shall be assessed according to the factors enumerated in
this subdivision. The county social worker shall document these
efforts in the social study prepared pursuant to Section 358.1. The
court shall authorize the county social worker, while assessing these
relatives for the possibility of placement, to disclose to the
relative, as appropriate, the fact that the child is in custody, the
alleged reasons for the custody, and the projected likely date for
the child's return home or placement for adoption or legal
guardianship. However, this investigation shall not be construed as
good cause for continuance of the dispositional hearing conducted
pursuant to Section 358.
   (b) In any case in which more than one appropriate relative
requests preferential consideration pursuant to this section, each
relative shall be considered under the factors enumerated in
subdivision (a).
   (c) For purposes of this section:
   (1) "Preferential consideration" means that the relative seeking
placement shall be the first placement to be considered and
investigated.
   (2) "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"
  "great-great," or "grand,   "  or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution. However, only the following relatives shall be
given preferential consideration for the placement of the child: an
adult who is a grandparent, aunt, uncle, or sibling.
   (d) Subsequent to the hearing conducted pursuant to Section 358,
whenever a new placement of the child must be made, consideration for
placement shall again be given as described in this section to
relatives who have not been found to be unsuitable and who will
fulfill the child's reunification or permanent plan requirements. In
addition to the factors described in subdivision (a), the county
social worker shall consider whether the relative has established and
maintained a relationship with the child.
   (e) If the court does not place the child with a relative who has
been considered for placement pursuant to this section, the court
shall state for the record the reasons placement with that relative
was denied.
   (f) (1) With respect to a child who satisfies the criteria set
forth in paragraph (2), the department and any licensed adoption
agency may search for a relative and furnish identifying information
relating to the child to that relative if it is believed the child's
welfare will be promoted thereby.
   (2) Paragraph (1) shall apply if both of the following conditions
are satisfied:
   (A) The child was previously a dependent of the court.
   (B) The child was previously adopted and the adoption has been
disrupted, set aside pursuant to Section 9100 or 9102 of the Family
Code, or the child has been released into the custody of the
department or a licensed adoption agency by the adoptive parent or
parents.
   (3) As used in this subdivision, "relative" includes a member of
the child's birth family and nonrelated extended family members,
regardless of whether the parental rights were terminated, provided
that both of the following are true:
   (A) No appropriate potential caretaker is known to exist from the
child's adoptive family, including nonrelated extended family members
of the adoptive family.
   (B) The child was not the subject of a voluntary relinquishment by
the birth parents pursuant to Section 8700 of the Family Code or
Section 1255.7 of the Health and Safety Code.
  SEC. 8.  Section 361.4 of the Welfare and Institutions Code is
amended to read:
   361.4.  (a) Prior to placing a child in the home of a relative, or
the home of any prospective guardian or other person who is not a
licensed or certified foster parent, the county social worker shall
visit the home to ascertain the appropriateness of the placement.
   (b) (1) Whenever a child may be placed in the home of a relative,
or the home of any prospective guardian or other person who is not a
licensed or certified foster parent, the court or county social
worker placing the child shall cause a state-level criminal records
check to be conducted by an appropriate government agency through the
California Law Enforcement Telecommunications System (CLETS)
pursuant to Section 16504.5. The criminal records check shall be
conducted with regard to all persons over 18 years of age living in
the home, and on any other person over 18 years of age, other than
professionals providing professional services to the child, known to
the placing entity who may have significant contact with the child,
including any person who has a familial or intimate relationship with
any person living in the home. A criminal records check may be
conducted pursuant to this section on any person over 14 years of age
living in the home who the county social worker believes may have a
criminal record. Within 10 calendar days following the criminal
records check conducted through the California Law Enforcement
Telecommunications System, the social worker shall ensure that a
fingerprint clearance check of the relative and any other person
whose criminal record was obtained pursuant to this subdivision is
initiated through the Department of Justice to ensure the accuracy of
the criminal records check conducted through the California Law
Enforcement Telecommunications System and shall review the results of
any criminal records check to assess the safety of the home. The
Department of Justice shall forward fingerprint requests for
federal-level criminal history information to the Federal Bureau of
Investigation pursuant to this section.
   (2) An identification card from a foreign consulate or foreign
passport shall be considered a valid form of identification for
conducting a criminal  record   records 
check and fingerprint clearance check under this subdivision and
under subdivision (c).
   (c) Whenever a child may be placed in the home of a relative, or a
prospective guardian or other person who is not a licensed or
certified foster parent, the county social worker shall cause a check
of the Child Abuse Central Index pursuant to subdivision (a) of
Section 11170 of the Penal Code to be requested from the Department
of Justice. The Child Abuse Central Index check shall be conducted on
all persons over 18 years of age living in the home. For any
application received on or after January 1, 2008, if any person in
the household is 18 years of age or older and has lived in another
state in the preceding five years, the county social worker shall
check the other state's child abuse and neglect registry to the
extent required by federal law.
   (d) (1) If the results of the California and federal criminal
records check indicates that the person has no criminal record, the
county social worker and court may consider the home of the relative,
prospective guardian, or other person who is not a licensed or
certified foster parent for placement of a child.
   (2) If the criminal records check indicates that the person has
been convicted of a crime that the Director of Social Services cannot
grant an exemption for under Section 1522 of the Health and Safety
Code, the child shall not be placed in the home. If the criminal
records check indicates that the person has been convicted of a crime
that the Director of Social Services may grant an exemption for
under Section 1522 of the Health and Safety Code, the child shall not
be placed in the home unless a criminal records exemption has been
granted by the county, based on substantial and convincing evidence
to support a reasonable belief that the person with the criminal
conviction is of such good character as to justify the placement and
not present a risk of harm to the child pursuant to paragraph (3).
   (3) (A) A county may issue a criminal records exemption only if
that county has been granted permission by the Director of Social
Services to issue criminal records exemptions. The county may file a
request with the Director of Social Services seeking permission for
the county to establish a procedure to evaluate and grant appropriate
individual criminal records exemptions for persons described in
subdivision (b). The director shall grant or deny the county's
request within 14 days of receipt. The county shall evaluate
individual criminal records in accordance with the standards and
limitations set forth in paragraph (1) of subdivision (g) of Section
1522 of the Health and Safety Code, and in no event shall the county
place a child in the home of a person who is ineligible for an
exemption under that provision.
   (B) The department shall monitor county implementation of the
authority to grant an exemption under this paragraph to ensure that
the county evaluates individual criminal records and allows or
disallows placements according to the standards set forth in
paragraph (1) of subdivision (g) of Section 1522 of the Health and
Safety Code.
   (4) The department shall conduct an evaluation of the
implementation of paragraph (3) through random sampling of county
exemption decisions.
   (5) The State Department of Social Services shall not evaluate or
grant criminal records exemption requests for persons described in
subdivision (b), unless the exemption request is made by an Indian
tribe pursuant to subdivision (f).
   (6) If a county has not requested, or has not been granted,
permission by the State Department of Social Services to establish a
procedure to evaluate and grant criminal records exemptions, the
county shall not place a child into the home of a person described in
subdivision (b) if any person residing in the home has been
convicted of a crime other than a minor traffic violation, except as
provided in subdivision (f).
   (e) Nothing in this section shall preclude a county from
conducting a criminal background check that the county is otherwise
authorized to conduct using fingerprints.
   (f) Upon request from an Indian tribe, the State Department of
Social Services shall evaluate an exemption request, if needed, to
allow placement into an Indian home that the tribe has designated for
placement under the federal Indian Child Welfare Act (25 U.S.C. Sec.
1901 et seq.) that would otherwise be barred under this section.
However, if the county with jurisdiction over the child that is the
subject of the tribe's request has established an approved procedure
pursuant to paragraph (3) of subdivision (d), the tribe may request
that the county evaluate the exemption request. Once a tribe has
elected to have the exemption request reviewed by either the State
Department of Social Services or the county, the exemption decision
may only be made by that entity. Nothing in this subdivision limits
the duty of a county social worker to evaluate the home for placement
or to gather information needed to evaluate an exemption request.
  SEC. 9.  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, parent or parents court-ordered
to a residential substance abuse treatment program, or a parent who
has been arrested and issued an immigration hold, detained by the
United States  Immigration and Customs Enforcement 
 Department of Homeland Security  , or deported to his or
her country of origin, 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 or detained by the
United States  Immigration and Customs Enforcement 
 Department of Homeland Security  and the corrections
facility in which he or she is incarcerated does not provide access
to the treatment services ordered by the court, or has been deported
to his or her country of origin and  that country does not
provide the  services ordered by the court  are not
accessible in that country  . 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  time  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  time  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,
institutionalized, or detained by the United States 
Immigration and Customs Enforcement   Department of
Homeland Security  , or has been deported to his or her country
of origin, 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, institutionalization, or
detention  , or the likelihood of the parent's return to the
United States  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,
institutionalized, detained, or deported 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 or detained 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,
institutionalized, or detained parent's access to those
court-mandated services and ability to maintain contact with his or
her child. 
   (E) Reasonable efforts to assist parents who have been deported to
contact child welfare authorities in their country of origin, to
identify any available services that would substantially comply with
case plan requirements, to document the parents' participation in
those services, and to accept reports from local child welfare
authorities as to the parents' living situation, progress, and
participation in services. 
   (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, or Chapter 4 (commencing with Section
3410) of Title 2 of Part 3 of, the Penal Code, the court shall
determine whether the parent's participation in a program is in the
child's best interest and whether it is suitable to meet the needs of
the parent and child.
   (f) If the court, pursuant to paragraph (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (13), (14), or (15) of subdivision
(b) or paragraph (1) of subdivision (e), does not order reunification
services, it shall, at the dispositional hearing, that shall include
a permanency hearing, determine if a hearing under Section 366.26
shall be set in order to determine whether adoption, guardianship, or
long-term foster care, or in the case of an Indian child, in
consultation with the child's tribe, tribal customary adoption, is
the most appropriate plan for the child, and shall consider in-state
and out-of-state placement options. If the court so determines, it
shall conduct the hearing pursuant to Section 366.26 within 120 days
after the dispositional hearing. However, the court shall not
schedule a hearing so long as the other parent is being provided
reunification services pursuant to subdivision (a). The court may
continue to permit the parent to visit the child unless it finds that
visitation would be detrimental to the child.
   (g) (1) Whenever a court orders that a hearing shall be held
pursuant to Section 366.26, including, when, in consultation with the
child's tribe, tribal customary adoption is recommended, it shall
direct the agency supervising the child and the licensed county
adoption agency, or the State Department of Social Services when it
is acting as an adoption agency in counties that are not served by a
county adoption agency, to prepare an assessment that shall include:
   (A) Current search efforts for an absent parent or parents 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
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) Regardless of his or her immigration status, 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.
   (l) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 10.  Section 361.5 of the Welfare and Institutions Code, as
amended by Section 2 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, parent or parents court-ordered
to a residential substance abuse treatment program, or a parent who
has been arrested and issued an immigration hold, detained by the
United States  Immigration and Customs Enforcement 
 Department of Homeland Security  , or deported to his or
her country of origin, 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 or detained by the
United States  Immigration and Customs Enforcement 
 Department of Homeland Security  and the corrections
facility in which he or she is incarcerated does not provide access
to the treatment services ordered by the court, or has been deported
to his or her country of origin and  that country does not
provide the  services ordered by the court  are not
accessible in that country  . 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  time  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  time  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,
institutionalized, detained by the United States  Immigration
and Customs Enforcement   Department of Homeland
Security  , or deported to his or her country of origin, 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, institutionalization, or detention  , or the
likelihood of the parent's return to the United States 
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, institutionalized, detained, or deported
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 or detained 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, institutionalized, or
detained parent's access to those court-mandated services and ability
to maintain contact with his or her child. 
   (E) Reasonable efforts to assist parents who have been deported to
contact child welfare authorities in their country of origin, to
identify any available services that would substantially comply with
case plan requirements, to document the parents' participation in
those services, and to accept reports from local child welfare
authorities as to the parents' living situation, progress, and
participation in services. 
   (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, or Chapter 4 (commencing with Section
3410) of Title 2 of Part 3 of, the Penal Code, the court shall
determine whether the parent's participation in a program is in the
child's best interest and whether it is suitable to meet the needs of
the parent and child.
   (f) If the court, pursuant to paragraph (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (13), (14), or (15) of subdivision
(b) or paragraph (1) of subdivision (e), does not order reunification
services, it shall, at the dispositional hearing, that shall include
a permanency hearing, determine if a hearing under Section 366.26
shall be set in order to determine whether adoption, guardianship, or
long-term foster care is the most appropriate plan for the child,
and shall consider in-state and out-of-state placement options. If
the court so determines, it shall conduct the hearing pursuant to
Section 366.26 within 120 days after the dispositional hearing.
However, the court shall not schedule a hearing so long as the other
parent is being provided reunification services pursuant to
subdivision (a). The court may continue to permit the parent to visit
the child unless it finds that visitation would be detrimental to
the child.
   (g) (1) Whenever a court orders that a hearing shall be held
pursuant to Section 366.26, it shall direct the agency supervising
the child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (A) Current search efforts for an absent parent or parents and
notification of a noncustodial parent in the manner provided for in
Section 291.
   (B) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purpose of this subparagraph shall include,
but not be limited to, the child's siblings, grandparents, aunts,
and uncles.
   (C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history, including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship. If a proposed guardian is a relative of the minor, the
assessment shall also consider, but need not be limited to, all of
the factors specified in subdivision (a) of Section 361.3 and in
Section 361.4. As used in this subparagraph, "relative" means an
adult who is related to the minor by blood, adoption, or affinity
within the fifth degree of kinship, including stepparents,
stepsiblings, and all relatives whose status is preceded by the words
"great," "great-great," or "grand," or the spouse of any of those
persons even if the marriage was terminated by death or dissolution.
   (E) The relationship of the child to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or guardianship, a
statement from the child concerning placement and the adoption or
guardianship, and whether the child over 12 years of age has been
consulted about the proposed relative guardianship arrangements
unless the child's age or physical, emotional, or other condition
precludes his or her meaningful response, and if so, a description of
the condition.
   (F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
   (B) Regardless of his or her immigration status, 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.
   (l) This section shall become operative on January 1, 2014.
  SEC. 11.  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 in counties that are not
served by a county adoption agency or by a licensed county adoption
agency, community care facility, or foster family agency having the
physical custody of the child. The social worker shall include a copy
of the Judicial Council Caregiver Information Form (JV-290) with the
summary of recommendations to the child's foster parents, relative
caregivers, or foster parents approved for adoption, in the caregiver'
s primary language when available, along with information on how to
file the form with the court.
   (d) Prior to any hearing involving a child in the physical custody
of a community care facility or a foster family agency that may
result in the return of the child to the physical custody of his or
her parent or legal guardian, or in adoption or the creation of a
legal guardianship, or in the case of an Indian child, in
consultation with the child's tribe, tribal customary adoption, the
facility or agency shall file with the court a report, or a Judicial
Council Caregiver Information Form (JV-290), containing its
recommendation for disposition. Prior to the hearing involving a
child in the physical custody of a foster parent, a relative
caregiver, or a certified foster parent who has been approved for
adoption by the State Department of Social Services when it is acting
as an adoption agency or by a licensed adoption agency, the foster
parent, relative caregiver, or the certified foster parent who has
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency in counties that are not
served by a county adoption agency or by a licensed county adoption
agency, may file with the court a report containing his or her
recommendation for disposition. The court shall consider the report
and recommendation filed pursuant to this subdivision prior to
determining any disposition.
   (e) At the review hearing held six months after the initial
dispositional hearing, but no later than 12 months after the date the
child entered foster care as determined in Section 361.49, whichever
occurs earlier, the court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the hearing, the court
shall consider the criminal history, obtained pursuant to paragraph
(1) of subdivision (f) of Section 16504.5, of the parent or legal
guardian subsequent to the child's removal to the extent that the
criminal record is substantially related to the welfare of the child
or the parent's or guardian's ability to exercise custody and control
regarding his or her child, provided the parent or legal guardian
agreed to submit fingerprint images to obtain criminal history
information as part of the case plan. The failure of the parent or
legal guardian to participate regularly and make substantive progress
in court-ordered treatment programs shall be prima facie evidence
that return would be detrimental. In making its determination, the
court shall review and consider the social worker's report and
recommendations and the report and recommendations of any child
advocate appointed pursuant to Section 356.5; and shall consider the
efforts or progress, or both, demonstrated by the parent or legal
guardian and the extent to which he or she availed himself or herself
to services provided, taking into account the particular barriers to
an incarcerated, institutionalized, detained, or deported parent's
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, institutionalization, detention by the United States
 Immigration and Customs Enforcement  
Department of Homeland Security  , or deportation. 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, institutionalized, detained, or deported
parent's 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) 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, if the parent has been arrested
and issued an immigration hold, detained by the United States
 Immigration and Customs Enforcement  
Department of Homeland Security  , or deported to his or her
country of origin, and the court determines that either the parent
has made reasonable efforts to regain custody of the child or that
termination of parental rights would be detrimental to the child.
   The court may decide not to extend the case under this paragraph
if the child is under three years of age or is part of a sibling
group in which at least one child is under three
                        years of age and the siblings are, or should
be, permanently placed together.
   (3) A court shall not grant an extension under paragraph (2) if
any of the following factors are present:
   (A) The child is an abandoned infant.
   (B) The parent has been accused of murder or voluntary
manslaughter of another child of the parent, or has been accused of
felony assault against this child or another child of the parent.
   (C) Any other circumstance under subdivision (b) of Section 361.5
or federal law permits the court not to order reunification services.

   (4) 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.
   (5) Order that the child remain in long-term foster care, but only
if the court finds by clear and convincing evidence, based upon the
evidence already presented to it, including a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency, that there is a compelling
reason for determining that a hearing held pursuant to Section 366.26
is not in the best interest of the child because the child is not a
proper subject for adoption and has no one willing to accept legal
guardianship. For purposes of this section, a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency that adoption is not in the
best interest of the child shall constitute a compelling reason for
the court's determination. That recommendation shall be based on the
present circumstances of the child and shall not preclude a different
recommendation at a later date if the child's circumstances change.
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
  or  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 licensed county
adoption agency, or the State Department of Social Services when it
is acting as an adoption agency in counties that are not served by a
county adoption agency, to prepare an assessment that shall include:
   (A) Current search efforts for an absent parent or parents or
legal guardians.
   (B) A review of the amount of and nature of any contact between
the child and his or her parents or legal guardians and other members
of his or her extended family since the time of placement. Although
the extended family of each child shall be reviewed on a case-by-case
basis, "extended family" for the purpose of this subparagraph shall
include, but not be limited to, the child's siblings, grandparents,
aunts, and uncles.
   (C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
including the prospective tribal customary adoptive parent,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed guardian is a relative of
the minor, 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) Regardless of his or her immigration status, 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.
   (n) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 12.  Section 366.21 of the Welfare and Institutions Code, as
amended by Section 4 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 in counties that are not
served by a county adoption agency or by a licensed county adoption
agency, community care facility, or foster family agency having the
physical custody of the child. The social worker shall include a copy
of the Judicial Council Caregiver Information Form (JV-290) with the
summary of recommendations to the child's foster parents, relative
caregivers, or foster parents approved for adoption, in the caregiver'
s primary language when available, along with information on how to
file the form with the court.
   (d) Prior to any hearing involving a child in the physical custody
of a community care facility or a foster family agency that may
result in the return of the child to the physical custody of his or
her parent or legal guardian, or in adoption or the creation of a
legal guardianship, the facility or agency shall file with the court
a report, or a Judicial Council Caregiver Information Form (JV-290),
containing its recommendation for disposition. Prior to the hearing
involving a child in the physical custody of a foster parent, a
relative caregiver, or a certified foster parent who has been
approved for adoption by the State Department of Social Services when
it is acting as an adoption agency or by a licensed adoption agency,
the foster parent, relative caregiver, or the certified foster
parent who has been approved for adoption by the State Department of
Social Services when it is acting as an adoption agency in counties
that are not served by a county adoption agency or by a licensed
county adoption agency, may file with the court a report containing
his or her recommendation for disposition. The court shall consider
the report and recommendation filed pursuant to this subdivision
prior to determining any disposition.
   (e) At the review hearing held six months after the initial
dispositional hearing, but no later than 12 months after the date the
child entered foster care as determined in Section 361.49, whichever
occurs earlier, the court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the hearing, the court
shall consider the criminal history, obtained pursuant to paragraph
(1) of subdivision (f) of Section 16504.5, of the parent or legal
guardian subsequent to the child's removal to the extent that the
criminal record is substantially related to the welfare of the child
or the parent's or guardian's ability to exercise custody and control
regarding his or her child, provided the parent or legal guardian
agreed to submit fingerprint images to obtain criminal history
information as part of the case plan. The failure of the parent or
legal guardian to participate regularly and make substantive progress
in court-ordered treatment programs shall be prima facie evidence
that return would be detrimental. In making its determination, the
court shall review and consider the social worker's report and
recommendations and the report and recommendations of any child
advocate appointed pursuant to Section 356.5; and shall consider the
efforts or progress, or both, demonstrated by the parent or legal
guardian and the extent to which he or she availed himself or herself
to services provided, taking into account the particular barriers to
an incarcerated, institutionalized, detained, or deported parent's
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, institutionalization, detention by the United States
 Immigration and Customs Enforcement  Department
of Homel   and Security  , or deportation. 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, institutionalized, detained, or deported
parent's 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) 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, if the parent has been arrested
and issued an immigration hold, has been detained by the United
States  Immigration and Customs Enforcement  
Depart   ment of Homeland Security  , or has been
deported to his or her country of origin, and the court determines
either that the parent has made reasonable efforts to regain custody
of the child or that termination of parental rights would be
detrimental to the child.
   The court may decide not to extend the case under this paragraph
if the child is under three years of age or is part of a sibling
group in which at least one child is under three years of age and the
siblings are, or should be, permanently placed together.
   (3) A court shall not grant an extension under paragraph (2) if
any of the following factors are present:
   (A) The child is an abandoned infant.
   (B) The parent has been accused of murder or voluntary
manslaughter of another child of the parent, or has been accused of
felony assault against this child or another child of the parent.
   (C) Any other circumstance under subdivision (b) of Section 361.5
or federal law that permits the court not to order reunification
services.
   (4) 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 or after January 1,
2012, a hearing pursuant to Section 366.26 shall not be ordered if
the child is a nonminor dependent.
   (5) Order that the child remain in long-term foster care, but only
if the court finds by clear and convincing evidence, based upon the
evidence already presented to it, including a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency, that there is a compelling
reason for determining that a hearing held pursuant to Section 366.26
is not in the best interest of the child because the child is not a
proper subject for adoption and has no one willing to accept legal
guardianship. For purposes of this section, a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency that adoption is not in the
best interest of the child shall constitute a compelling reason for
the court's determination. That recommendation shall be based on the
present circumstances of the child and shall not preclude a different
recommendation at a later date if the child's circumstances change.
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
  or  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 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (A) Current search efforts for an absent parent or parents or
legal guardians.
   (B) A review of the amount of and nature of any contact between
the child and his or her parents or legal guardians and other members
of his or her extended family since the time of placement. Although
the extended family of each child shall be reviewed on a case-by-case
basis, "extended family" for the purpose of this subparagraph shall
include, but not be limited to, the child's siblings, grandparents,
aunts, and uncles.
   (C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed guardian is a relative of
the minor, the assessment shall also consider, but need not be
limited to, all of the factors specified in subdivision (a) of
Section 361.3 and in Section 361.4.
   (E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or guardianship, a
statement from the child concerning placement and the adoption or
guardianship, and whether the child, if over 12 years of age, has
been consulted about the proposed relative guardianship arrangements,
unless the child's age or physical, emotional, or other condition
precludes his or her meaningful response, and if so, a description of
the condition.
   (F) A description of efforts to be made to identify a prospective
adoptive parent or legal guardian, including, but not limited to,
child-specific recruitment and listing on an adoption exchange within
the state or out of the state.
   (G) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
   (B) Regardless of his or her immigration status, 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.
   (n) This section shall become operative on January 1, 2014.
  SEC. 13.  Section 366.215 of the Welfare and Institutions Code is
amended to read:
   366.215.  With respect to a hearing held pursuant to subdivision
(e) of Section 366.21, if the child in question 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, the court, in determining whether
to schedule a hearing pursuant to Section 366.26, 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,
institutionalization, detention by the United States 
Immigration and Customs Enforcement  Department of
Homeland Security  , or deportation.
  SEC. 14.  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) or (2) 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 in
counties that are not served by a county adoption agency or by a
licensed county adoption agency, that there is a compelling reason,
as described in paragraph (5) 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, institutionalization,
or the custody of the United States  Immigration and Customs
Enforcement   Department of Homeland Security  , or
recently returned to the United States following deportation to his
or her country of origin 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, institutionalization, or detention, or following
his or her return to the United States following deportation to his
or her country of origin, and to provide for the child's safety,
protection, physical and emotional well-being, and special needs.
   For purposes of this subdivision, the court's decision to continue
the case based on a finding or substantial probability that the
child will be returned to the physical custody of his or her parent
or legal guardian is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interests
of the child.
   The court shall inform the parent or legal guardian that if the
child cannot be returned home by the subsequent permanency review
hearing, a proceeding pursuant to Section 366.26 may be instituted.
The court may not order that a hearing pursuant to Section 366.26 be
held unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
   (c) (1) Whenever a court orders that a hearing pursuant to Section
366.26, including when a tribal customary adoption is recommended,
shall be held, it shall direct the agency supervising the child and
the licensed county adoption agency, or the State Department of
Social Services when it is acting as an adoption agency in counties
that are not served by a county adoption agency, to prepare an
assessment that shall include:
   (A) Current search efforts for an absent parent or parents.
   (B) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this subparagraph shall
include, but not be limited to, the child's siblings, grandparents,
aunts, and uncles.
   (C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (D)  A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed legal guardian is a
relative of the minor, 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
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) Regardless of his or her immigration status, 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.
   (g) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 15.  Section 366.22 of the Welfare and Institutions Code, as
amended by Section 19 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) or (2) of subdivision (g) of Section 366.21, the permanency
review hearing shall occur within 18 months after the date the child
was originally removed from the physical custody of his or her parent
or legal guardian. The court shall order the return of the child to
the physical custody of his or her parent or legal guardian unless
the court finds, by a preponderance of the evidence, that the return
of the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
                                         or emotional well-being of
the child. The social worker shall have the burden of establishing
that detriment. At the permanency review hearing, the court shall
consider the criminal history, obtained pursuant to paragraph (1) of
subdivision (f) of Section 16504.5, of the parent or legal guardian
subsequent to the child's removal, to the extent that the criminal
record is substantially related to the welfare of the child or the
parent's or legal guardian's ability to exercise custody and control
regarding his or her child, provided that the parent or legal
guardian agreed to submit fingerprint images to obtain criminal
history information as part of the case plan. The failure of the
parent or legal guardian to participate regularly and make
substantive progress in court-ordered treatment programs shall be
prima facie evidence that return would be detrimental. In making its
determination, the court shall review and consider the social worker'
s report and recommendations and the report and recommendations of
any child advocate appointed pursuant to Section 356.5; shall
consider the efforts or progress, or both, demonstrated by the parent
or legal guardian and the extent to which he or she availed himself
or herself of services provided, taking into account the particular
barriers of an incarcerated or institutionalized parent or legal
guardian's access to those court-mandated services and ability to
maintain contact with his or her child; and shall make appropriate
findings pursuant to subdivision (a) of Section 366.
   Whether or not the child is returned to his or her parent or legal
guardian, the court shall specify the factual basis for its
decision. If the child is not returned to a parent or legal guardian,
the court shall specify the factual basis for its conclusion that
return would be detrimental. If the child is not returned to his or
her parent or legal guardian, the court shall consider, and state for
the record, in-state and out-of-state options for the child's
permanent placement. If the child is placed out of the state, the
court shall make a determination whether the out-of-state placement
continues to be appropriate and in the best interests of the child.
   Unless the conditions in subdivision (b) are met and the child is
not returned to a parent or legal guardian at the permanency review
hearing, the court shall order that a hearing be held pursuant to
Section 366.26 in order to determine whether adoption, guardianship,
or long-term foster care is the most appropriate plan for the child.
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 in counties that are not served by a county adoption agency or
by a licensed county adoption agency, that there is a compelling
reason, as described in paragraph (5) 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, institutionalization,
or the custody of the United States  Immigration and Customs
Enforcement   Department of Homeland Security  , or
recently returned to the United States following deportation to his
or her country of origin 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, institutionalization, detention, or his or her
return to the United States following deportation to his or her
country of origin, and to provide for the child's safety, protection,
physical and emotional well-being, and special needs.
   For purposes of this subdivision, the court's decision to continue
the case based on a finding or substantial probability that the
child will be returned to the physical custody of his or her parent
or legal guardian is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interests
of the child.
   The court shall inform the parent or legal guardian that if the
child cannot be returned home by the subsequent permanency review
hearing, a proceeding pursuant to Section 366.26 may be instituted.
The court may not order that a hearing pursuant to Section 366.26 be
held unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
   (c) (1) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (A) Current search efforts for an absent parent or parents.
   (B) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this subparagraph shall
include, but not be limited to, the child's siblings, grandparents,
aunts, and uncles.
   (C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed legal guardian is a
relative of the minor, the assessment shall also consider, but need
not be limited to, all of the factors specified in subdivision (a) of
Section 361.3 and Section 361.4.
   (E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or legal guardianship, a
statement from the child concerning placement and the adoption or
legal guardianship, and whether the child, if over 12 years of age,
has been consulted about the proposed relative guardianship
arrangements, unless the child's age or physical, emotional, or other
condition precludes his or her meaningful response, and if so, a
description of the condition.
   (F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
   (B) Regardless of his or her immigration status, 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.
   (g) This section shall become operative on January 1, 2014.
  SEC. 16.  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  the  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 in counties that are not
served by a county adoption agency or by a licensed county adoption
agency, that there is a compelling reason, as described in paragraph
(5) 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 licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (A) Current search efforts for an absent parent or parents.
   (B) A review of the amount of, and nature of, any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
   (C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
including a prospective tribal customary adoptive parent,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed legal guardian is a
relative of the minor, 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
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) Regardless of his or her immigration status, 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.
   (f) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 17.  Section 366.25 of the Welfare and Institutions Code, as
amended by Section 21 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  the  best interests of
the child.
   (3) If the child is not returned to a parent or legal guardian at
the subsequent permanency review hearing, the court shall order that
a hearing be held pursuant to Section 366.26 in order to determine
whether adoption, guardianship, or long-term foster care is the most
appropriate plan for the child. 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 in counties that are not served by a
county adoption agency or by a licensed county adoption agency, that
there is a compelling reason, as described in paragraph (5) 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 subsequent permanency review hearing. The court shall
also order termination of reunification services to the parent or
legal guardian. The court shall continue to permit the parent or
legal guardian to visit the child unless it finds that visitation
would be detrimental to the child. The court shall determine whether
reasonable services have been offered or provided to the parent or
legal guardian. For purposes of this subdivision, evidence of any of
the following circumstances shall not, in and of themselves, be
deemed a failure to provide or offer reasonable services:
   (A) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.
   (B) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
   (C) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
   (b) (1) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (A) Current search efforts for an absent parent or parents.
   (B) A review of the amount of, and nature of, any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
   (C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed legal guardian is a
relative of the minor, the assessment shall also consider, but need
not be limited to, all of the factors specified in subdivision (a) of
Section 361.3 and in Section 361.4.
   (E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative's or
adoptive parent's strong commitment to caring permanently for the
child, the motivation for seeking adoption or legal guardianship, a
statement from the child concerning placement and the adoption or
legal guardianship, and whether the child, if over 12 years of age,
has been consulted about the proposed relative guardianship
arrangements, unless the child's age or physical, emotional, or other
condition precludes his or her meaningful response, and if so, a
description of the condition.
   (F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
   (B) Regardless of his or her immigration status, 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.
   (f) This section shall become operative on January 1, 2014.
  SEC. 18.  Section 366.27 of the Welfare and Institutions Code is
amended to read:
   366.27.  (a) If a court, pursuant to paragraph (5) of subdivision
(g) of Section 366.21, Section 366.22, Section 366.25, or Section
366.26, orders the placement of a minor in a planned permanent living
arrangement with a relative, the court may authorize the relative to
provide the same legal consent for the minor's medical, surgical,
and dental care as the custodial parent of the minor.
   (b) If a court orders the placement of a minor in a planned
permanent living arrangement with a foster parent, relative
caretaker, or nonrelative extended family member as defined in
Section 362.7, the court may limit the right of the minor's parent or
guardian to make educational decisions on the minor's behalf, so
that the foster parent, relative caretaker, or nonrelative extended
family member may exercise the educational consent duties pursuant to
Section 56055 of the Education Code.
   (c) If a court orders the placement of a minor in a planned
permanent living arrangement, for purposes of this section, a foster
parent shall include a person, relative caretaker, or a nonrelative
extended family member as defined in Section 362.7, who has been
licensed or approved by the county welfare department, county
probation department, or the State Department of Social Services, or
has been designated by the court as a specified placement.
  SEC. 19.  Section 388 of the Welfare and Institutions Code is
amended to read:
   388.  (a) Any parent or other person having an interest in a child
who is a dependent child of the juvenile court or the child himself
or herself through a properly appointed guardian may, upon grounds of
change of circumstance or new evidence, petition the court in the
same action in which the child was found to be a dependent child of
the juvenile court or in which a guardianship was ordered pursuant to
Section 360 for a hearing to change, modify, or set aside any order
of court previously made or to terminate the jurisdiction of the
court. The petition shall be verified and, if made by a person other
than the child, shall state the petitioner's relationship to or
interest in the child and shall set forth in concise language any
change of circumstance or new evidence that is alleged to require the
change of order or termination of jurisdiction.
   (b) Any person, including a child who is a dependent of the
juvenile court, may petition the court to assert a relationship as a
sibling related by blood, adoption, or affinity through a common
legal or biological parent to a child who is, or is the subject of a
petition for adjudication as, a dependent of the juvenile court, and
may request visitation with the dependent child, placement with or
near the dependent child, or consideration when determining or
implementing a case plan or permanent plan for the dependent child or
make any other request for an order which may be shown to be in the
best interest of the dependent child. The court may appoint a
guardian ad litem to file the petition for the dependent child
asserting the sibling relationship if the court determines that the
appointment is necessary for the best interests of the dependent
child. The petition shall be verified and shall set forth the
following:
   (1) Through which parent he or she is related to the dependent
child.
   (2) Whether he or she is related to the dependent child by blood,
adoption, or affinity.
   (3) The request or order that the petitioner is seeking.
   (4) Why that request or order is in the best interest of the
dependent child.
   (c) (1) Any party, including a child who is a dependent of the
juvenile court, may petition the court, prior to the hearing set
pursuant to subdivision (f) of Section 366.21 for a child described
by subparagraph (A) of paragraph (1) of subdivision (a) of Section
361.5, 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) of subdivision (a) of Section 361.5, to terminate
court-ordered reunification services provided under subdivision (a)
of Section 361.5 only if one of the following conditions exists:
   (A) It appears that a change of circumstance or new evidence
exists that satisfies a condition set forth in subdivision (b) or (e)
of Section 361.5 justifying termination of court-ordered
reunification services.
   (B) The action or inaction of the parent or guardian creates a
substantial likelihood that reunification will not occur, including,
but not limited to, the parent or guardian's failure to visit the
child, or the failure of the parent or guardian to participate
regularly and make substantive progress in a court-ordered treatment
plan.
   (2) In determining whether the parent or guardian has failed to
visit the child or participate regularly or make progress in the
treatment plan, the court shall consider factors including, but not
limited to, the parent's or guardian's incarceration,
institutionalization, detention by the United States 
Immigration and Customs Enforcement   Department of
Homeland Security  , deportation, or participation in a
court-ordered residential substance abuse treatment program.
   (3) The court shall terminate reunification services during the
above-described time periods only upon a finding by a preponderance
of evidence that reasonable services have been offered or provided,
and upon a finding of clear and convincing evidence that one of the
conditions in subparagraph (A) or (B) of paragraph (1) exists.
   (4) If the court terminates reunification services, it shall order
that a hearing pursuant to Section 366.26 be held within 120 days.
   (d) If it appears that the best interests of the child may be
promoted by the proposed change of order, recognition of a sibling
relationship, termination of jurisdiction, or clear and convincing
evidence supports revocation or termination of court-ordered
reunification services, the court shall order that a hearing be held
and shall give prior notice, or cause prior notice to be given, to
the persons and by the means prescribed by Section 386, and, in those
instances in which the means of giving notice is not prescribed by
those sections, then by means the court prescribes.
   (e) (1) On and after January 1, 2012, a nonminor who attained 18
years of age while subject to an order for foster care placement and,
commencing January 1, 2012, who 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, for whom the court has dismissed
dependency jurisdiction pursuant to Section 391, or delinquency
jurisdiction pursuant to Section 607.2 or transition jurisdiction
pursuant to Section 452, but has retained general jurisdiction under
subdivision (b) of Section 303, or the county child welfare services,
probation department, or tribal placing agency on behalf of the
nonminor, may petition the court in the same action in which the
child was found to be a dependent or delinquent child of the juvenile
court, for a hearing to resume the dependency jurisdiction over a
former dependent or to assume or resume transition jurisdiction over
a former delinquent ward pursuant to Section 450. The petition shall
be filed within the period that the nonminor is of the age described
in this paragraph. If the nonminor has completed the voluntary
reentry agreement, as described in subdivision (z) of Section 11400,
with the placing agency, the agency shall file the petition on behalf
of the nonminor within 15 judicial days of the date the agreement
was signed unless the nonminor elects to file the petition at an
earlier date.
   (2) (A) The petition to resume jurisdiction may be filed in the
juvenile court that retains general jurisdiction under subdivision
(b) of Section 303, or the petition may be submitted to the juvenile
court in the county where the youth resides and forwarded to the
juvenile court that retained general jurisdiction and filed with that
court. The juvenile court having general jurisdiction under Section
303 shall receive the petition from the court where the petition was
submitted within five court days of its submission, if the petition
is filed in the county of residence. The juvenile court that retained
general jurisdiction shall order that a hearing be held within 15
judicial days of the date the petition was filed if there is a prima
facie showing that the nonminor satisfies the following criteria:
   (i) He or she was previously under juvenile court jurisdiction,
subject to an order for foster care placement when he or she attained
18 years of age, and has not attained the age limits described in
paragraph (1).
   (ii) He or she intends to satisfy at least one of the conditions
set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403.
   (iii) He or she wants assistance either in maintaining or securing
appropriate supervised placement, or is in need of immediate
placement and agrees to supervised placement pursuant to the
voluntary reentry agreement as described in subdivision (z) of
Section 11400.
   (B)  Upon ordering a hearing, the court shall give prior notice,
or cause prior notice to be given, to the persons and by the means
prescribed by Section 386, except that notice to parents or former
guardians shall not be provided unless the nonminor requests, in
writing on the face of the petition, notice to the parents or former
guardians.
   (3) The Judicial Council, by January 1, 2012, shall adopt rules of
court to allow for telephonic appearances by nonminor former
dependents or delinquents in these proceedings, and for telephonic
appearances by nonminor dependents in any proceeding in which the
nonminor dependent is a party, and he or she declines to appear and
elects a telephonic appearance.
   (4) Prior to the hearing on a petition to resume dependency
jurisdiction or to assume or resume transition jurisdiction, the
court shall order the county child welfare or probation department or
Indian tribe that has entered into an agreement pursuant to Section
10553.1 to prepare a report for the court addressing whether the
nonminor intends to satisfy at least one of the criteria set forth in
subdivision (b) of Section 11403. When the recommendation is for the
nonminor dependent to be placed in a setting where minor dependents
also reside, the results of a background check of the petitioning
nonminor conducted pursuant to Section 16504.5, used by the placing
agency to determine appropriate placement options for the nonminor.
The existence of a criminal conviction is not a bar to eligibility
for reentry or resumption of dependency jurisdiction or the
assumption or resumption of transition jurisdiction over a nonminor.
   (5) (A) The court shall resume dependency jurisdiction over a
former dependent or assume or resume transition jurisdiction over a
former delinquent ward pursuant to Section 450, and order that the
nonminor's placement and care be under the responsibility of the
county child welfare services department, the probation department,
or tribe, if the court finds all of the following:
   (i) The nonminor was previously under juvenile court jurisdiction
subject to an order for foster care placement when he or she attained
18 years of age.
   (ii) The nonminor has not attained the age limits described in
paragraph (1).
   (iii) Reentry and remaining in foster care are in the nonminor's
best interests.
   (iv) The nonminor intends to satisfy, and agrees to satisfy, at
least one of the criteria set forth in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 11403, or demonstrates his
or her agreement to satisfy the criteria by signing the voluntary
reentry agreement as described in subdivision (z) of Section 11400.
   (B) The agency made responsible for the nonminor's placement and
care pursuant to subparagraph (A) shall prepare a new transitional
independent living case plan and submit it to the court within 60
days of the resumption of dependency jurisdiction or assumption or
resumption of transition jurisdiction.
   (C) In no event shall the court grant a continuance that would
cause the hearing to resume dependency jurisdiction or to assume or
resume transition jurisdiction to be completed more than 120 days
after the date the petition was submitted.
  SEC. 20.  Section 10609.95 is added to the Welfare and Institutions
Code, to read:
   10609.95.  (a) The State Department of Social Services shall
provide guidance to counties and municipalities  , no later than
July 1, 2013,  to establish memoranda of understanding with
appropriate foreign consulates for child custody cases in which a
parent has been arrested and issued an immigration hold, has been
detained by the United States  Immigration and Customs
Enforcement   Department of Homeland Security  , or
has been deported to his or her country of origin.
   (b) The memoranda of understanding shall include  , but shall
not be limited to,  procedures for contacting a foreign
consulate  in   at the onset of  a child
custody case, accessing documentation for the child, locating a
detained parent, facilitating family reunification once a parent has
been deported to his or her country of origin,  aiding the safe
transfer of a child to the parent's country of origin,  and
communicating with relevant departments and services in the parent's
country of origin  , including, when   appropriate,
allowing reports from the foreign child welfare authorities
documenting the parent's living situation and the parent's
participation in service plans in the country of origin that are in
compliance with the case plan requirements .
   (c) The memoranda of understanding shall require a county or
municipality to contact a foreign consulate for assistance in
obtaining necessary documents if a child in a child custody case is
eligible for special immigrant juvenile status under Section 1101(a)
(27)(J) of Title 8 of the United States Code.
  SEC. 21.  Section 10609.97 is added to the Welfare and Institutions
Code, to read:
   10609.97.  (a) The State Department of Social Services shall
provide guidelines to counties and municipalities  , no later
than July 1, 2013,  detailing procedures for social workers to
assist children in child custody and dependency cases who are
eligible for special immigrant juvenile status under Section 1101(a)
(27)(J) of Title 8 of the United States Code  and any other form
of relief available under any immigration law  .
   (b) The guidelines shall include procedures for assisting eligible
children in applying for special immigrant juvenile status  and
any other form of relief available under any immigration law 
before the children reach 21 years of age  or get married  .

  SEC. 22.  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, detained
by the United States  Immigration and Customs Enforcement
  Department of Homeland Security  , or deported to
his or her country of origin, the case plan shall include
information, to the extent possible, about a parent's incarceration
in a county jail or the state prison, detention by the United States
 Immigration and Customs Enforcement  
Department of Homeland Security  , or deportation 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 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, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code. 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 setting, as described in Section 11400,
shall also be based upon the developmental needs of young adults by
providing opportunities to have incremental responsibilities that
prepare a nonminor dependent to transition to independent living. 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.
   (2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school 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) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)
(iii)), 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 of the federal Social Security
Act (42 U.S.C. Sec. 677), 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 of California 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. 23.  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.