Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1761


Introduced by Assembly Member Hall

February 14, 2014


begin deleteAn act relating to sexually exploited minors. end deletebegin insertAn act to amend Sections 309 and 361.3 of the Welfare and Institutions Code, relating to juveniles.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1761, as amended, Hall. begin deleteCommercially sexually exploited minors. end deletebegin insertDependent children: placement.end insert

begin insert

Existing law authorizes a peace officer to take a child into temporary custody under certain circumstances, including if he or she has reasonable cause for believing that the child is the victim of abuse or neglect. Under existing law, if the child is not released to his or her parent or guardian, the juvenile court is required to hold certain hearings to determine whether the child should be adjudged a dependent of the juvenile court, including a detention hearing, jurisdictional hearing, and disposition hearing. Under existing law, if an able and willing relative or nonrelative extended family member, as defined, is available and requests temporary placement of the child pending the detention hearing, the county welfare department is required to initiate an assessment of the relative’s or nonrelative extended family member’s suitability, as specified.

end insert
begin insert

This bill would expand this provision to apply to an able and willing relative or nonrelative extended family member who requests temporary placement of the child after the detention hearing and pending the dispositional hearing. By requiring the county welfare department to conduct these additional assessments, this bill would impose a state-mandated local program.

end insert
begin insert

Existing law requires that preferential consideration be given to a request by a relative of a child who has been adjudged a dependent of the juvenile court for placement of the child with the relative, as specified. Existing law requires the county social worker, in determining whether placement with a relative is appropriate, to consider certain factors, including the 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. Existing law also requires that, in any case in which more than one appropriate relative requests preferential consideration, each relative be considered under those factors.

end insert
begin insert

This bill would require the county social worker, in determining whether placement with a relative is appropriate, to consider the placement of siblings and half-siblings in the same home, unless that placement would be contrary to the safety and well-being of any of the siblings. The bill would also state that these provisions do not limit the county social worker’s ability to place a child in the home of an appropriate relative or a nonrelative extended family member pending the consideration of other relatives who have requested preferential consideration.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin delete

Existing law authorizes the County of Alameda and the County of Los Angeles to establish a pilot project, contingent upon local funding, for the purpose of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified.

end delete
begin delete

This bill would state the intent of the Legislature to enact legislation to reduce the number of commercially sexually exploited minors, to protect minors from being sold on the streets, and to ensure that those minors have safe and nurturing families providing them with opportunities to thrive.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 309 of the end insertbegin insertWelfare and Institutions Codeend insert
2begin insert is amended to read:end insert

3

309.  

(a) Upon delivery to the social worker of a child who has
4been taken into temporary custody under this article, the social
5worker shall immediately investigate the circumstances of the child
6and the facts surrounding the child’s being taken into custody and
7attempt to maintain the child with the child’s family through the
8provision of services. The social worker shall immediately release
9the child to the custody of the child’s parent, guardian, or
10responsible relative, regardless of the parent’s, guardian’s, or
11relative’s immigration status, unless one or more of the following
12conditions exist:

13(1) The child has no parent, guardian, or responsible relative;
14or the child’s parent, guardian, or responsible relative is not willing
15to provide care for the child.

16(2) Continued detention of the child is a matter of immediate
17and urgent necessity for the protection of the child and there are
18no reasonable means by which the child can be protected in his or
19her home or the home of a responsible relative.

20(3) There is substantial evidence that a parent, guardian, or
21custodian of the child is likely to flee the jurisdiction of the court.

22(4) The child has left a placement in which he or she was placed
23by the juvenile court.

24(5) The parent or other person having lawful custody of the
25child voluntarily surrendered physical custody of the child pursuant
26to Section 1255.7 of the Health and Safety Code and did not
27reclaim the child within the 14-day period specified in subdivision
28(e) of that section.

29(b) In any case in which there is reasonable cause for believing
30that a child who is under the care of a physician and surgeon or a
31hospital, clinic, or other medical facility and cannot be immediately
32moved and is a person described in Section 300, the child shall be
33deemed to have been taken into temporary custody and delivered
34to the social worker for the purposes of this chapter while the child
35is at the office of the physician and surgeon or the medical facility.

P4    1(c) If the child is not released to his or her parent or guardian,
2the child shall be deemed detained for purposes of this chapter.

3(d) (1) If an able and willing relative, as defined in Section 319,
4or an able and willing nonrelative extended family member, as
5defined in Section 362.7, is available and requests temporary
6placement of the child pending the detention hearing,begin insert or afterend insert the
7begin insert detention hearing and pending the dispositional hearing conducted
8pursuant to Section 358, theend insert
county welfare department shall
9initiate an assessment of the relative’s or nonrelative extended
10family member’s suitability, which shall include an in-home
11inspection to assess the safety of the home and the ability of the
12relative or nonrelative extended family member to care for the
13child’s needs, and a consideration of the results of a criminal
14records check conducted pursuant to subdivision (a) of Section
1516504.5 and a check of allegations of prior child abuse or neglect
16concerning the relative or nonrelative extended family member
17and other adults in the home. A relative’s identification card from
18a foreign consulate or foreign passport shall be considered a valid
19form of identification for conducting a criminal records check and
20fingerprint clearance check under this subdivision. Upon
21completion of this assessment, the child may be placed in the
22assessed home. For purposes of this paragraph, and except for the
23criminal records check conducted pursuant to subdivision (a) of
24Section 16504.5, the standards used to determine suitability shall
25be the same standards set forth in the regulations for the licensing
26of foster family homes.

27(2) Immediately following the placement of a child in the home
28of a relative or a nonrelative extended family member, the county
29welfare department shall evaluate and approve or deny the home
30for purposes of AFDC-FC eligibility pursuant to Section 11402.
31The standards used to evaluate and grant or deny approval of the
32home of the relative and of the home of a nonrelative extended
33family member, as described in Section 362.7, shall be the same
34standards set forth in regulations for the licensing of foster family
35homes which prescribe standards of safety and sanitation for the
36physical plant and standards for basic personal care, supervision,
37and services provided by the caregiver.

38(3) To the extent allowed by federal law, as a condition of
39receiving funding under Title IV-E of the federal Social Security
40Act (42 U.S.C. Sec. 670 et seq.), if a relative or nonrelative
P5    1extended family member meets all other conditions for approval,
2except for the receipt of the Federal Bureau of Investigation’s
3criminal history information for the relative or nonrelative extended
4family member, and other adults in the home, as indicated, the
5county welfare department may approve the home and document
6that approval, if the relative or nonrelative extended family
7member, and each adult in the home, has signed and submitted a
8statement that he or she has never been convicted of a crime in the
9United States, other than a traffic infraction as defined in paragraph
10(1) of subdivision (a) of Section 42001 of the Vehicle Code. If,
11after the approval has been granted, the department determines
12that the relative or nonrelative extended family member or other
13adult in the home has a criminal record, the approval may be
14terminated.

15(4) If the criminal records check indicates that the person has
16been convicted of a crime for which the Director of Social Services
17cannot grant an exemption under Section 1522 of the Health and
18Safety Code, the child shall not be placed in the home. If the
19criminal records check indicates that the person has been convicted
20of a crime for which the Director of Social Services may grant an
21exemption under Section 1522 of the Health and Safety Code, the
22child shall not be placed in the home unless a criminal records
23exemption has been granted by the county based on substantial
24and convincing evidence to support a reasonable belief that the
25 person with the criminal conviction is of such good character as
26to justify the placement and not present a risk of harm to the child.

27(e) (1) If the child is removed, the social worker shall conduct,
28within 30 days, an investigation in order to identify and locate all
29grandparents, adult siblings, and other adult relatives of the child,
30as defined in paragraph (2) of subdivision (f) of Section 319,
31including any other adult relatives suggested by the parents. The
32social worker shall provide to all adult relatives who are located,
33except when that relative’s history of family or domestic violence
34makes notification inappropriate, within 30 days of removal of the
35child, written notification and shall also, whenever appropriate,
36provide oral notification, in person or by telephone, of all the
37following information:

38(A) The child has been removed from the custody of his or her
39parent or parents, or his or her guardians.

P6    1(B) An explanation of the various options to participate in the
2care and placement of the child and support for the child’s family,
3including any options that may be lost by failing to respond. The
4notice shall provide information about providing care for the child
5while the family receives reunification services with the goal of
6returning the child to the parent or guardian, how to become a
7foster family home or approved relative or nonrelative extended
8family member as defined in Section 362.7, and additional services
9and support that are available in out-of-home placements. The
10notice shall also include information regarding the Kin-GAP
11Program (Article 4.5 (commencing with Section 11360) of Chapter
122 of Part 3 of Division 9), the CalWORKs program for approved
13relative caregivers (Chapter 2 (commencing with Section 11200)
14of Part 3 of Division 9), adoption, and adoption assistance (Chapter
152.1 (commencing with Section 16115) of Part 4 of Division 9), as
16well as other options for contact with the child, including, but not
17limited to, visitation. The State Department of Social Services, in
18consultation with the County Welfare Directors Association of
19California and other interested stakeholders, shall develop the
20written notice.

21(2) begin deleteOn and after January 1, 2011, the end deletebegin insertThe end insertsocial worker shall
22also provide the adult relatives notified pursuant to paragraph (1)
23with a relative information form to provide information to the
24social worker and the court regarding the needs of the child. The
25form shall include a provision whereby the relative may request
26the permission of the court to address the court, if the relative so
27chooses. The Judicial Council, in consultation with the State
28Department of Social Services and the County Welfare Directors
29Association of California, shall develop the form.

30(3) The social worker shall use due diligence in investigating
31the names and locations of the relatives pursuant to paragraph (1),
32including, but not limited to, asking the child in an age-appropriate
33manner about relatives important to the child, consistent with the
34child’s best interest, and obtaining information regarding the
35location of the child’s adult relatives. Each county welfare
36department shall create and make public a procedure by which
37relatives of a child who has been removed from his or her parents
38or guardians may identify themselves to the county welfare
39department and be provided with the notices required by paragraphs
40(1) and (2).

P7    1begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 361.3 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
2amended to read:end insert

3

361.3.  

(a) In any case in which a child is removed from the
4physical custody of his or her parents pursuant to Section 361,
5preferential consideration shall be given to a request by a relative
6of the child for placement of the child with the relative, regardless
7of the relative’s immigration status. In determining whether
8placement with a relative is appropriate, the county social worker
9and court shall consider, but shall not be limited to, consideration
10of all the following factors:

11(1) The best interest of the child, including special physical,
12psychological, educational, medical, or emotional needs.

13(2) The wishes of the parent, the relative, and child, if
14appropriate.

15(3) The provisions of Part 6 (commencing with Section 7950)
16of Division 12 of the Family Code regarding relative placement.

17(4) Placement of siblings and half siblings in the same home,
18begin delete ifend deletebegin insert unlessend insert that placement is found to bebegin delete inend deletebegin insert contrary toend insert thebegin delete best
19interestend delete
begin insert safety and well-beingend insert ofbegin delete eachend deletebegin insert anyend insert of thebegin delete childrenend deletebegin insert siblings,end insert
20 as provided in Section 16002.

21(5) The good moral character of the relative and any other adult
22living in the home, including whether any individual residing in
23the home has a prior history of violent criminal acts or has been
24responsible for acts of child abuse or neglect.

25(6) The nature and duration of the relationship between the child
26and the relative, and the relative’s desire to care for, and to provide
27legal permanency for, the child if reunification is unsuccessful.

28(7) The ability of the relative to do the following:

29(A) Provide a safe, secure, and stable environment for the child.

30(B) Exercise proper and effective care and control of the child.

31(C) Provide a home and the necessities of life for the child.

32(D) Protect the child from his or her parents.

33(E) Facilitate court-ordered reunification efforts with the parents.

34(F) Facilitate visitation with the child’s other relatives.

35(G) Facilitate implementation of all elements of the case plan.

36(H) Provide legal permanence for the child if reunification fails.

37However, any finding made with respect to the factor considered
38pursuant to this subparagraph and pursuant to subparagraph (G)
39shall not be the sole basis for precluding preferential placement
40with a relative.

P8    1(I) Arrange for appropriate and safe child care, as necessary.

2(8) The safety of the relative’s home. For a relative to be
3considered appropriate to receive placement of a child under this
4section, the relative’s home shall first be approved pursuant to the
5process and standards described in subdivision (d) of Section 309.

6In this regard, the Legislature declares that a physical disability,
7such as blindness or deafness, is no bar to the raising of children,
8and a county social worker’s determination as to the ability of a
9disabled relative to exercise care and control should center upon
10whether the relative’s disability prevents him or her from exercising
11care and control. The court shall order the parent to disclose to the
12county social worker the names, residences, and any other known
13identifying information of any maternal or paternal relatives of
14the child. This inquiry shall not be construed, however, to guarantee
15that the child will be placed with any person so identified. The
16county social worker shall initially contact the relatives given
17preferential consideration for placement to determine if they desire
18the child to be placed with them. Those desiring placement shall
19be assessed according to the factors enumerated in this subdivision.
20The county social worker shall document these efforts in the social
21study prepared pursuant to Section 358.1. The court shall authorize
22the county social worker, while assessing these relatives for the
23possibility of placement, to disclose to the relative, as appropriate,
24the fact that the child is in custody, the alleged reasons for the
25custody, and the projected likely date for the child’s return home
26or placement for adoption or legal guardianship. However, this
27 investigation shall not be construed as good cause for continuance
28of the dispositional hearing conducted pursuant to Section 358.

29(b) In any case in which more than one appropriate relative
30requests preferential consideration pursuant to this section, each
31relative shall be considered under the factors enumerated in
32subdivision (a).begin insert Consistent with the legislative intent for children
33to be placed immediately with a responsible relative, this section
34does not limit the county social worker’s ability to place a child
35in the home of an appropriate relative or a nonrelative extended
36family member pending the consideration of other relatives who
37have requested preferential consideration.end insert

38(c) For purposes of this section:

P9    1(1) “Preferential consideration” means that the relative seeking
2placement shall be the first placement to be considered and
3investigated.

4(2) “Relative” means an adult who is related to the child by
5blood, adoption, or affinity within the fifth degree of kinship,
6including stepparents, stepsiblings, and all relatives whose status
7is preceded by the words “great,” “great-great,” or “grand,” or the
8spouse of any of these persons even if the marriage was terminated
9by death or dissolution. However, only the following relatives
10shall be given preferential consideration for the placement of the
11child: an adult who is a grandparent, aunt, uncle, or sibling.

12(d) Subsequent to the hearing conducted pursuant to Section
13358, whenever a new placement of the child must be made,
14consideration for placement shall again be given as described in
15this section to relatives who have not been found to be unsuitable
16and who will fulfill the child’s reunification or permanent plan
17requirements. In addition to the factors described in subdivision
18(a), the county social worker shall consider whether the relative
19has established and maintained a relationship with the child.

20(e) If the court does not place the child with a relative who has
21been considered for placement pursuant to this section, the court
22shall state for the record the reasons placement with that relative
23was denied.

24(f) (1) With respect to a child who satisfies the criteria set forth
25in paragraph (2), the department and any licensed adoption agency
26may search for a relative and furnish identifying information
27relating to the child to that relative if it is believed the child’s
28welfare will be promoted thereby.

29(2) Paragraph (1) shall apply if both of the following conditions
30are satisfied:

31(A) The child was previously a dependent of the court.

32(B) The child was previously adopted and the adoption has been
33disrupted, set aside pursuant to Section 9100 or 9102 of the Family
34Code, or the child has been released into the custody of the
35department or a licensed adoption agency by the adoptive parent
36or parents.

37(3) As used in this subdivision, “relative” includes a member
38of the child’s birth family and nonrelated extended family
39members, regardless of whether the parental rights were terminated,
40provided that both of the following are true:

P10   1(A) No appropriate potential caretaker is known to exist from
2the child’s adoptive family, including nonrelated extended family
3members of the adoptive family.

4(B) The child was not the subject of a voluntary relinquishment
5by the birth parents pursuant to Section 8700 of the Family Code
6or Section 1255.7 of the Health and Safety Code.

7begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
8this act contains costs mandated by the state, reimbursement to
9local agencies and school districts for those costs shall be made
10pursuant to Part 7 (commencing with Section 17500) of Division
114 of Title 2 of the Government Code.

end insert
begin delete
12

SECTION 1.  

It is the intent of the Legislature to enact
13legislation to reduce the number of commercially sexually exploited
14minors, to protect minors from being sold on the streets, and to
15ensure that those minors have safe and nurturing families providing
16them with opportunities to thrive.

end delete


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