Amended in Assembly April 9, 2014

Amended in Assembly March 25, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1790


Introduced by Assembly Member Dickinson

February 18, 2014


An act to amend Section 8715 of, and to add Section 8715.5 to, the Family Code, and to amendbegin delete Sectionend deletebegin insert Sections 361.5 andend insert 16125 of the Welfare and Institutions Code, relating to foster children.

LEGISLATIVE COUNSEL’S DIGEST

AB 1790, as amended, Dickinson. Foster children: mental health services.

Existing law provides for the Adoption Assistance Program, administered by the State Department of Social Services, which provides for the payment by the department and counties of cash assistance to eligible families that adopt eligible children, and bases the amount of the payment on the needs of the child and the circumstances of the family. Under existing law, the department, county adoption agency, or licensed adoption agency is required, among other duties, to provide the prospective adoptive family with information on the availability of mental health services through the Medi-Cal program or other programs. Existing law provides that a foster child whose adoption has become final and who is receiving or is eligible to receive Adoption Assistance Program assistance, including Medi-Cal, and whose foster care court supervision has been terminated, shall be provided medically necessary specialty mental health services by the local mental health plan in the county of residence of his or her adoptive parents, as specified.

This bill would require the county mental health plan tobegin delete prioritize referrals of pre- and postadoptive or guardianship families to specialty mental health services providers who are adoption and permanency competent, as describedend deletebegin insert take steps to increase the pool of specialty mental health providers who meet specified training and experience criteria and are available to meet the needs of children formerly in foster care who have been adopted or placed with a guardianend insert. The bill would require the department to convene a stakeholder group tobegin insert recommend strategies andend insert facilitate the developmentbegin delete of a process to approve curricula and determine criteria for trainers of mental health professionals seeking to become adoption and permanency competent. The bill would also require the county mental health plan to take steps to increase the pool of adoption and permanency competent specialty mental health providers who are available to meet the needs of the children.end deletebegin insert of processes relating to the education and training of these specialty mental health providers.end insert

To the extent that it would impose new duties on counties in connection with the provision of mental health services, this bill would impose a state-mandated local program.

Existing law requires the department, county adoption agency, or licensed adoption agency, whichever is a party to an adoption petition, to submit a full report of the facts of the case to the court.begin insert Existing law also requires that if the juvenile court sets a selection and implementation hearing for a dependent child, the county adoption agency or the department and the agency supervising the child prepare an assessment that addresses, among other things, the relationship of the child to any identified prospective adoptive parent or guardian.end insert

This bill, commencing January 1, 2016, would requirebegin delete the department, county adoption agency, or licensed adoption agencyend deletebegin insert those entitiesend insert to inform the prospective adoptive parentsbegin insert or prospective guardiansend insert about the importance of working with mental health providers whobegin delete are competent in the provision of adoption- and permanency-related mental health servicesend deletebegin insert meet specified training and experience criteriaend insert, and to indicate in the reportbegin insert or assessmentend insert whether this information has been provided.

By requiring county adoption agenciesbegin insert and county child welfare agenciesend insert to provide this information, this bill would impose a state-mandated local program.

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:

P3    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

3(1) Despite the increase in the number of children achieving
4permanence through adoption, placement of a child into a stable
5and motivated family is not considered sufficient to compensate
6for psychosocial problems related to prior trauma and chronic
7maltreatment. As the number of adopted children with significant
8developmental and emotional issues surrounding their adoption
9experience has grown, the need has increased for child welfare
10professionals and clinicians with an in-depth understanding of
11adoption issues and the skills to work effectively with adoptive
12 persons and their families.

13(2) Adoption issues are not typically included in the education
14of psychologists and marriage and family therapists, and these
15issues are given relatively limited attention in the training of
16graduate level social workers. Many textbooks for counseling
17professionals have limited coverage of adoption. As a result, most
18mental health practitioners and many child welfare professionals
19lack knowledge about adoption and the issues that are unique to
20adoptive families. Many mental health professionals, for example,
21are unaware of the potential impact of adoption on clients. Given
22the absence of education on adoption issues, it is not surprising
23that many counselors report feeling unprepared to deal with
24adoption related issues in their practice.

25(3) The interest in developing specialized clinical training in
26adoption has evolved over two decades as a result of the high
27demand for postadoption services by families and the lack of local
P4    1 mental health and post permanency supports that address the needs
2of adoptive families.

3(4) Adoption competence begins with a solid foundation of
4knowledge and clinical skills gained through an approved graduate
5program in psychiatry, psychology, social work, marriage and
6family therapy, or counseling. Meeting the needs of individuals
7and families touched by adoption also requires specialized training
8in assessment, diagnosis, and intervention. At each phase of the
9clinical process, therapists must be attuned to the complex array
10of historical and contemporary factors impacting the lives of their
11clients and, specifically, to the ways in which the adoption
12experience can influence their identity, relationships, and
13development.

14(b) It is the intent of the Legislature in enacting this act to
15increase stability of adoptive and guardianship families by
16increasing the pool of adoption and permanency competent mental
17health professionals.

18

SEC. 2.  

Section 8715 of the Family Code is amended to read:

19

8715.  

(a) The department, county adoption agency, or licensed
20adoption agency, whichever is a party to, or joins in, the petition,
21shall submit a full report of the facts of the case to the court.

22(b) If the child has been adjudged to be a dependent of the
23juvenile court pursuant to Section 300 of the Welfare and
24Institutions Code, and has thereafter been freed for adoption by
25the juvenile court, the report required by this section shall describe
26whether the requirements of subdivision (e) of Section 16002 of
27the Welfare and Institutions Code have been completed and what,
28if any, plan exists for facilitation of postadoptive contact between
29the child who is the subject of the adoption petition and his or her
30siblings and half siblings.

31(c) If a petition for adoption has been filed with a postadoption
32contact agreement pursuant to Section 8616.5, the report shall
33address whether the postadoption contact agreement has been
34entered into voluntarily, and whether it is in the best interests of
35the child who is the subject of the petition.

36(d) Commencing January 1, 2016, the report required by this
37section shall describe whether the prospective adoptive parents
38have been provided with the information required by Section
398715.5.

P5    1(e) The department may also submit a report in those cases in
2which a county adoption agency, or licensed adoption agency is
3a party or joins in the adoption petition.

4(f) If a petitioner is a resident of a state other than California,
5an updated and current homestudy report, conducted and approved
6by a licensed adoption agency or other authorized resource in the
7state in which the petitioner resides, shall be reviewed and endorsed
8by the department, county adoption agency, or licensed adoption
9agency, if the standards and criteria established for a homestudy
10report in the other state are substantially commensurate with the
11homestudy standards and criteria established in California adoption
12regulations.

13

SEC. 3.  

Section 8715.5 is added to the Family Code, to read:

14

8715.5.  

(a) Prior to the finalization of an adoption, the
15department, county adoption agency, or licensed adoption agency
16shall inform the adoptive parents about the importance of working
17with mental health providers whobegin delete are competent in the provision
18of adoption- and permanency-related mental health servicesend delete
begin insert have
19specialized adoption training and experienceend insert
, should they require
20those services in the future. This information shall include the
21begin delete competencyend deletebegin insert training and experienceend insert criteria set forth in subdivision
22(d) of Section 16125 of the Welfare and Institutions Code.

23(b) This section shall become operative on January 1, 2016.

24begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 361.5 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
25amended to read:end insert

26

361.5.  

(a) Except as provided in subdivision (b), or when the
27parent has voluntarily relinquished the child and the relinquishment
28has been filed with the State Department of Social Services, or
29upon the establishment of an order of guardianship pursuant to
30Section 360, or when a court adjudicates a petition under Section
31329 to modify the court’s jurisdiction from delinquency jurisdiction
32to dependency jurisdiction pursuant to subparagraph (A) of
33paragraph (2) of subdivision (b) of Section 607.2 and the parents
34or guardian of the ward have had reunification services terminated
35under the delinquency jurisdiction, whenever a child is removed
36from a parent’s or guardian’s custody, the juvenile court shall order
37the social worker to provide child welfare services to the child and
38the child’s mother and statutorily presumed father or guardians.
39Upon a finding and declaration of paternity by the juvenile court
40or proof of a prior declaration of paternity by any court of
P6    1competent jurisdiction, the juvenile court may order services for
2the child and the biological father, if the court determines that the
3services will benefit the child.

4(1) Family reunification services, when provided, shall be
5provided as follows:

6(A) Except as otherwise provided in subparagraph (C), for a
7child who, on the date of initial removal from the physical custody
8of his or her parent or guardian, was three years of age or older,
9court-ordered services shall be provided beginning with the
10dispositional hearing and ending 12 months after the date the child
11entered foster care as provided in Section 361.49, unless the child
12is returned to the home of the parent or guardian.

13(B) For a child who, on the date of initial removal from the
14physical custody of his or her parent or guardian, was under three
15years of age, court-ordered services shall be provided for a period
16of six months from the dispositional hearing as provided in
17subdivision (e) of Section 366.21, but no longer than 12 months
18from the date the child entered foster care as provided in Section
19361.49 unless the child is returned to the home of the parent or
20guardian.

21(C) For the purpose of placing and maintaining a sibling group
22together in a permanent home should reunification efforts fail, for
23a child in a sibling group whose members were removed from
24parental custody at the same time, and in which one member of
25the sibling group was under three years of age on the date of initial
26removal from the physical custody of his or her parent or guardian,
27court-ordered services for some or all of the sibling group may be
28limited as set forth in subparagraph (B). For the purposes of this
29paragraph, “a sibling group” shall mean two or more children who
30are related to each other as full or half siblings.

31(2) Any motion to terminate court-ordered reunification services
32prior to the hearing set pursuant to subdivision (f) of Section 366.21
33for a child described by subparagraph (A) of paragraph (1), or
34prior to the hearing set pursuant to subdivision (e) of Section
35366.21 for a child described by subparagraph (B) or (C) of
36paragraph (1), shall be made pursuant to the requirements set forth
37in subdivision (c) of Section 388. A motion to terminate
38court-ordered reunification services shall not be required at the
39hearing set pursuant to subdivision (e) of Section 366.21 if the
40court finds by clear and convincing evidence one of the following:

P7    1(A) That the child was removed initially under subdivision (g)
2of Section 300 and the whereabouts of the parent are still unknown.

3(B) That the parent has failed to contact and visit the child.

4(C) That the parent has been convicted of a felony indicating
5parental unfitness.

6(3) Notwithstanding subparagraphs (A), (B), and (C) of
7paragraph (1), court-ordered services may be extended up to a
8maximum time period not to exceed 18 months after the date the
9child was originally removed from physical custody of his or her
10parent or guardian if it can be shown, at the hearing held pursuant
11to subdivision (f) of Section 366.21, that the permanent plan for
12the child is that he or she will be returned and safely maintained
13in the home within the extended time period. The court shall extend
14the time period only if it finds that there is a substantial probability
15that the child will be returned to the physical custody of his or her
16parent or guardian within the extended time period or that
17reasonable services have not been provided to the parent or
18guardian. In determining whether court-ordered services may be
19extended, the court shall consider the special circumstances of an
20incarcerated or institutionalized parent or parents, parent or parents
21court-ordered to a residential substance abuse treatment program,
22or a parent who has been arrested and issued an immigration hold,
23detained by the United States Department of Homeland Security,
24or deported to his or her country of origin, including, but not
25limited to, barriers to the parent’s or guardian’s access to services
26and ability to maintain contact with his or her child. The court
27shall also consider, among other factors, good faith efforts that the
28parent or guardian has made to maintain contact with the child. If
29the court extends the time period, the court shall specify the factual
30basis for its conclusion that there is a substantial probability that
31the child will be returned to the physical custody of his or her
32parent or guardian within the extended time period. The court also
33shall make findings pursuant to subdivision (a) of Section 366 and
34subdivision (e) of Section 358.1.

35When counseling or other treatment services are ordered, the
36parent or guardian shall be ordered to participate in those services,
37unless the parent’s or guardian’s participation is deemed by the
38court to be inappropriate or potentially detrimental to the child, or
39unless a parent or guardian is incarcerated of detained by the United
40States Department of Homeland Security and the corrections
P8    1facility in which he or she is incarcerated does not provide access
2to the treatment services ordered by the court, or has been deported
3to his or her country of origin and services ordered by the court
4are not accessible in that country. Physical custody of the child by
5the parents or guardians during the applicable time period under
6subparagraph (A), (B), or (C) of paragraph (1) shall not serve to
7interrupt the running of the time period. If at the end of the
8applicable time period, a child cannot be safely returned to the
9care and custody of a parent or guardian without court supervision,
10but the child clearly desires contact with the parent or guardian,
11the court shall take the child’s desire into account in devising a
12permanency plan.

13In cases where the child was under three years of age on the date
14of the initial removal from the physical custody of his or her parent
15or guardian or is a member of a sibling group as described in
16subparagraph (C) of paragraph (1), the court shall inform the parent
17or guardian that the failure of the parent or guardian to participate
18regularly in any court-ordered treatment programs or to cooperate
19or avail himself or herself of services provided as part of the child
20welfare services case plan may result in a termination of efforts
21to reunify the family after six months. The court shall inform the
22parent or guardian of the factors used in subdivision (e) of Section
23366.21 to determine whether to limit services to six months for
24some or all members of a sibling group as described in
25subparagraph (C) of paragraph (1).

26(4) Notwithstanding paragraph (3), court-ordered services may
27be extended up to a maximum time period not to exceed 24 months
28after the date the child was originally removed from physical
29custody of his or her parent or guardian if it is shown, at the hearing
30held pursuant to subdivision (b) of Section 366.22, that the
31permanent plan for the child is that he or she will be returned and
32safely maintained in the home within the extended time period.
33The court shall extend the time period only if it finds that it is in
34the child’s best interest to have the time period extended and that
35there is a substantial probability that the child will be returned to
36the physical custody of his or her parent or guardian who is
37described in subdivision (b) of Section 366.22 within the extended
38time period, or that reasonable services have not been provided to
39the parent or guardian. If the court extends the time period, the
40court shall specify the factual basis for its conclusion that there is
P9    1a substantial probability that the child will be returned to the
2physical custody of his or her parent or guardian within the
3extended time period. The court also shall make findings pursuant
4to subdivision (a) of Section 366 and subdivision (e) of Section
5358.1.

6When counseling or other treatment services are ordered, the
7parent or guardian shall be ordered to participate in those services,
8in order for substantial probability to be found. Physical custody
9of the child by the parents or guardians during the applicable time
10period under subparagraph (A), (B), or (C) of paragraph (1) shall
11not serve to interrupt the running of the time period. If at the end
12of the applicable time period, the child cannot be safely returned
13to the care and custody of a parent or guardian without court
14supervision, but the child clearly desires contact with the parent
15or guardian, the court shall take the child’s desire into account in
16devising a permanency plan.

17Except in cases where, pursuant to subdivision (b), the court
18does not order reunification services, the court shall inform the
19parent or parents of Section 366.26 and shall specify that the
20parent’s or parents’ parental rights may be terminated.

21(b) Reunification services need not be provided to a parent or
22guardian described in this subdivision when the court finds, by
23clear and convincing evidence, any of the following:

24(1) That the whereabouts of the parent or guardian is unknown.
25A finding pursuant to this paragraph shall be supported by an
26affidavit or by proof that a reasonably diligent search has failed
27to locate the parent or guardian. The posting or publication of
28notices is not required in that search.

29(2) That the parent or guardian is suffering from a mental
30disability that is described in Chapter 2 (commencing with Section
317820) of Part 4 of Division 12 of the Family Code and that renders
32him or her incapable of utilizing those services.

33(3) That the child or a sibling of the child has been previously
34adjudicated a dependent pursuant to any subdivision of Section
35300 as a result of physical or sexual abuse, that following that
36adjudication the child had been removed from the custody of his
37or her parent or guardian pursuant to Section 361, that the child
38has been returned to the custody of the parent or guardian from
39whom the child had been taken originally, and that the child is
P10   1being removed pursuant to Section 361, due to additional physical
2or sexual abuse.

3(4) That the parent or guardian of the child has caused the death
4of another child through abuse or neglect.

5(5) That the child was brought within the jurisdiction of the
6court under subdivision (e) of Section 300 because of the conduct
7of that parent or guardian.

8(6) That the child has been adjudicated a dependent pursuant
9to any subdivision of Section 300 as a result of severe sexual abuse
10or the infliction of severe physical harm to the child, a sibling, or
11a half sibling by a parent or guardian, as defined in this subdivision,
12and the court makes a factual finding that it would not benefit the
13child to pursue reunification services with the offending parent or
14guardian.

15A finding of severe sexual abuse, for the purposes of this
16subdivision, may be based on, but is not limited to, sexual
17intercourse, or stimulation involving genital-genital, oral-genital,
18anal-genital, or oral-anal contact, whether between the parent or
19guardian and the child or a sibling or half sibling of the child, or
20between the child or a sibling or half sibling of the child and
21another person or animal with the actual or implied consent of the
22parent or guardian; or the penetration or manipulation of the
23child’s, sibling’s, or half sibling’s genital organs or rectum by any
24animate or inanimate object for the sexual gratification of the
25parent or guardian, or for the sexual gratification of another person
26with the actual or implied consent of the parent or guardian.

27A finding of the infliction of severe physical harm, for the
28purposes of this subdivision, may be based on, but is not limited
29to, deliberate and serious injury inflicted to or on a child’s body
30or the body of a sibling or half sibling of the child by an act or
31omission of the parent or guardian, or of another individual or
32animal with the consent of the parent or guardian; deliberate and
33torturous confinement of the child, sibling, or half sibling in a
34closed space; or any other torturous act or omission that would be
35reasonably understood to cause serious emotional damage.

36(7) That the parent is not receiving reunification services for a
37sibling or a half sibling of the child pursuant to paragraph (3), (5),
38or (6).

39(8) That the child was conceived by means of the commission
40of an offense listed in Section 288 or 288.5 of the Penal Code, or
P11   1by an act committed outside of this state that, if committed in this
2state, would constitute one of those offenses. This paragraph only
3applies to the parent who committed the offense or act.

4(9) That the child has been found to be a child described in
5 subdivision (g) of Section 300; that the parent or guardian of the
6child willfully abandoned the child, and the court finds that the
7abandonment itself constituted a serious danger to the child; or
8that the parent or other person having custody of the child
9voluntarily surrendered physical custody of the child pursuant to
10Section 1255.7 of the Health and Safety Code. For the purposes
11of this paragraph, “serious danger” means that without the
12intervention of another person or agency, the child would have
13sustained severe or permanent disability, injury, illness, or death.
14For purposes of this paragraph, “willful abandonment” shall not
15be construed as actions taken in good faith by the parent without
16the intent of placing the child in serious danger.

17(10) That the court ordered termination of reunification services
18for any siblings or half siblings of the child because the parent or
19guardian failed to reunify with the sibling or half sibling after the
20sibling or half sibling had been removed from that parent or
21guardian pursuant to Section 361 and that parent or guardian is
22the same parent or guardian described in subdivision (a) and that,
23according to the findings of the court, this parent or guardian has
24not subsequently made a reasonable effort to treat the problems
25that led to removal of the sibling or half sibling of that child from
26that parent or guardian.

27(11) That the parental rights of a parent over any sibling or half
28sibling of the child had been permanently severed, and this parent
29is the same parent described in subdivision (a), and that, according
30to the findings of the court, this parent has not subsequently made
31a reasonable effort to treat the problems that led to removal of the
32sibling or half sibling of that child from the parent.

33(12) That the parent or guardian of the child has been convicted
34of a violent felony, as defined in subdivision (c) of Section 667.5
35of the Penal Code.

36(13) That the parent or guardian of the child has a history of
37extensive, abusive, and chronic use of drugs or alcohol and has
38resisted prior court-ordered treatment for this problem during a
39three-year period immediately prior to the filing of the petition
40that brought that child to the court’s attention, or has failed or
P12   1refused to comply with a program of drug or alcohol treatment
2described in the case plan required by Section 358.1 on at least
3two prior occasions, even though the programs identified were
4available and accessible.

5(14) That the parent or guardian of the child has advised the
6court that he or she is not interested in receiving family
7maintenance or family reunification services or having the child
8returned to or placed in his or her custody and does not wish to
9receive family maintenance or reunification services.

10The parent or guardian shall be represented by counsel and shall
11execute a waiver of services form to be adopted by the Judicial
12Council. The court shall advise the parent or guardian of any right
13to services and of the possible consequences of a waiver of
14services, including the termination of parental rights and placement
15of the child for adoption. The court shall not accept the waiver of
16services unless it states on the record its finding that the parent or
17guardian has knowingly and intelligently waived the right to
18services.

19(15) That the parent or guardian has on one or more occasions
20willfully abducted the child or child’s sibling or half sibling from
21his or her placement and refused to disclose the child’s or child’s
22sibling’s or half sibling’s whereabouts, refused to return physical
23custody of the child or child’s sibling or half sibling to his or her
24 placement, or refused to return physical custody of the child or
25child’s sibling or half sibling to the social worker.

26(16) That the parent or guardian has been required by the court
27to be registered on a sex offender registry under the federal Adam
28Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Sec.
2916913(a)), as required in Section 106(b)(2)(B)(xvi)(VI) of the
30Child Abuse Prevention and Treatment Act of 2006 (42 U.S.C.
31Sec. 5106a(2)(B)(xvi)(VI)).

32(c) In deciding whether to order reunification in any case in
33which this section applies, the court shall hold a dispositional
34hearing. The social worker shall prepare a report that discusses
35whether reunification services shall be provided. When it is alleged,
36pursuant to paragraph (2) of subdivision (b), that the parent is
37incapable of utilizing services due to mental disability, the court
38shall order reunification services unless competent evidence from
39mental health professionals establishes that, even with the provision
P13   1of services, the parent is unlikely to be capable of adequately caring
2for the child within the time limits specified in subdivision (a).

3The court shall not order reunification for a parent or guardian
4described in paragraph (3), (4), (6), (7), (8), (9), (10), (11), (12),
5(13), (14), (15), or (16) of subdivision (b) unless the court finds,
6by clear and convincing evidence, that reunification is in the best
7interest of the child.

8In addition, the court shall not order reunification in any situation
9described in paragraph (5) of subdivision (b) unless it finds that,
10based on competent testimony, those services are likely to prevent
11reabuse or continued neglect of the child or that failure to try
12reunification will be detrimental to the child because the child is
13closely and positively attached to that parent. The social worker
14shall investigate the circumstances leading to the removal of the
15child and advise the court whether there are circumstances that
16indicate that reunification is likely to be successful or unsuccessful
17and whether failure to order reunification is likely to be detrimental
18to the child.

19The failure of the parent to respond to previous services, the fact
20that the child was abused while the parent was under the influence
21of drugs or alcohol, a past history of violent behavior, or testimony
22by a competent professional that the parent’s behavior is unlikely
23to be changed by services are among the factors indicating that
24reunification services are unlikely to be successful. The fact that
25a parent or guardian is no longer living with an individual who
26severely abused the child may be considered in deciding that
27reunification services are likely to be successful, provided that the
28court shall consider any pattern of behavior on the part of the parent
29that has exposed the child to repeated abuse.

30(d) If reunification services are not ordered pursuant to
31paragraph (1) of subdivision (b) and the whereabouts of a parent
32become known within six months of the out-of-home placement
33of the child, the court shall order the social worker to provide
34family reunification services in accordance with this subdivision.

35(e) (1) If the parent or guardian is incarcerated, institutionalized,
36or detained by the United States Department of Homeland Security,
37or has been deported to his or her country of origin, the court shall
38order reasonable services unless the court determines, by clear and
39convincing evidence, those services would be detrimental to the
40child. In determining detriment, the court shall consider the age
P14   1of the child, the degree of parent-child bonding, the length of the
2sentence, the length and nature of the treatment, the nature of the
3crime or illness, the degree of detriment to the child if services are
4not offered and, for children 10 years of age or older, the child’s
5attitude toward the implementation of family reunification services,
6the likelihood of the parent’s discharge from incarceration,
7institutionalization, or detention within the reunification time
8limitations described in subdivision (a), and any other appropriate
9factors. In determining the content of reasonable services, the court
10shall consider the particular barriers to an incarcerated,
11institutionalized, detained, or deported parent’s access to those
12court-mandated services and ability to maintain contact with his
13or her child, and shall document this information in the child’s
14case plan. Reunification services are subject to the applicable time
15limitations imposed in subdivision (a). Services may include, but
16shall not be limited to, all of the following:

17(A) Maintaining contact between the parent and child through
18collect telephone calls.

19(B) Transportation services, where appropriate.

20(C) Visitation services, where appropriate.

21(D) Reasonable services to extended family members or foster
22parents providing care for the child if the services are not
23detrimental to the child.

24An incarcerated or detained parent may be required to attend
25counseling, parenting classes, or vocational training programs as
26part of the reunification service plan if actual access to these
27services is provided. The social worker shall document in the
28child’s case plan the particular barriers to an incarcerated,
29institutionalized, or detained parent’s access to those
30court-mandated services and ability to maintain contact with his
31or her child.

32(E) Reasonable efforts to assist parents who have been deported
33to contact child welfare authorities in their country of origin, to
34identify any available services that would substantially comply
35with case plan requirements, to document the parents’ participation
36in those services, and to accept reports from local child welfare
37authorities as to the parents’ living situation, progress, and
38participation in services.

39(2) The presiding judge of the juvenile court of each county
40may convene representatives of the county welfare department,
P15   1the sheriff’s department, and other appropriate entities for the
2purpose of developing and entering into protocols for ensuring the
3notification, transportation, and presence of an incarcerated or
4institutionalized parent at all court hearings involving proceedings
5affecting the child pursuant to Section 2625 of the Penal Code.
6The county welfare department shall utilize the prisoner locator
7system developed by the Department of Corrections and
8Rehabilitation to facilitate timely and effective notice of hearings
9for incarcerated parents.

10(3) Notwithstanding any otherbegin delete provision ofend delete law, if the
11incarcerated parent is a woman seeking to participate in the
12community treatment program operated by the Department of
13Corrections and Rehabilitation pursuant to Chapter 4.8
14(commencing with Section 1174) of Title 7 of Part 2 of, Chapter
154 (commencing with Section 3410) of Title 2 of Part 3 of, the Penal
16Code, the court shall determine whether the parent’s participation
17in a program is in the child’s best interest and whether it is suitable
18to meet the needs of the parent and child.

19(f) If the court, pursuant to paragraph (2), (3), (4), (5), (6), (7),
20 (8), (9), (10), (11), (12), (13), (14), (15), or (16) of subdivision (b)
21or paragraph (1) of subdivision (e), does not order reunification
22services, it shall, at the dispositional hearing, that shall include a
23permanency hearing, determine if a hearing under Section 366.26
24shall be set in order to determine whether adoption, guardianship,
25or long-term foster care, or in the case of an Indian child, in
26consultation with the child’s tribe, tribal customary adoption, is
27the most appropriate plan for the child, and shall consider in-state
28and out-of-state placement options. If the court so determines, it
29shall conduct the hearing pursuant to Section 366.26 within 120
30days after the dispositional hearing. However, the court shall not
31schedule a hearing so long as the other parent is being provided
32reunification services pursuant to subdivision (a). The court may
33continue to permit the parent to visit the child unless it finds that
34visitation would be detrimental to the child.

35(g) (1) Whenever a court orders that a hearing shall be held
36pursuant to Section 366.26, including, when, in consultation with
37the child’s tribe, tribal customary adoption is recommended, it
38shall direct the agency supervising the child and the county
39adoption agency, or the State Department of Social Services when
P16   1it is acting as an adoption agency, to prepare an assessment that
2shall include:

3(A) Current search efforts for an absent parent or parents and
4notification of a noncustodial parent in the manner provided for
5in Section 291.

6(B) A review of the amount of and nature of any contact between
7the child and his or her parents and other members of his or her
8extended family since the time of placement. Although the
9extended family of each child shall be reviewed on a case-by-case
10basis, “extended family” for the purpose of this subparagraph shall
11include, but not be limited to, the child’s siblings, grandparents,
12aunts, and uncles.

13(C) An evaluation of the child’s medical, developmental,
14scholastic, mental, and emotional status.

15(D) A preliminary assessment of the eligibility and commitment
16of any identified prospective adoptive parent or guardian, including
17a prospective tribal customary adoptive parent, particularly the
18caretaker, to include a social history, including screening for
19criminal records and prior referrals for child abuse or neglect, the
20capability to meet the child’s needs, and the understanding of the
21legal and financial rights and responsibilities of adoption and
22guardianship. If a proposed guardian is a relative of the minor, the
23assessment shall also consider, but need not be limited to, all of
24the factors specified in subdivision (a) of Section 361.3 and in
25Section 361.4. As used in this subparagraph, “relative” means an
26adult who is related to the minor by blood, adoption, or affinity
27within the fifth degree of kinship, including stepparents,
28stepsiblings, and all relatives whose status is preceded by the words
29“great,” “great-great,” or “grand,” or the spouse of any of those
30persons even if the marriage was terminated by death or
31dissolution. If the proposed permanent plan is guardianship with
32an approved relative caregiver for a minor eligible for aid under
33the Kin-GAP Program, as provided for in Article 4.7 (commencing
34with Section 11385) of Chapter 2 of Part 3 of Division 9, “relative”
35as used in this section has the same meaning as “relative” as
36defined in subdivision (c) of Section 11391.

37(E) The relationship of the child to any identified prospective
38adoptive parent or guardian, including a prospective tribal
39customary parent, the duration and character of the relationship,
40the degree of attachment of the child to the prospective relative
P17   1guardian or adoptive parent, the relative’s or adoptive parent’s
2strong commitment to caring permanently for the child, the
3motivation for seeking adoption or guardianship, a statement from
4the child concerning placement and the adoption or guardianship,
5and whether the child over 12 years of age has been consulted
6about the proposed relative guardianship arrangements, unless the
7child’s age or physical, emotional, or other condition precludes
8his or her meaningful response, and if so, a description of the
9condition.

10(F) An analysis of the likelihood that the child will be adopted
11if parental rights are terminated.

12(G) In the case of an Indian child, in addition to subparagraphs
13(A) to (F), inclusive, an assessment of the likelihood that the child
14will be adopted, when, in consultation with the child’s tribe, a
15customary adoption, as defined in Section 366.24, is recommended.
16If tribal customary adoption is recommended, the assessment shall
17include an analysis of both of the following:

18(i) Whether tribal customary adoption would or would not be
19detrimental to the Indian child and the reasons for reaching that
20conclusion.

21(ii) Whether the Indian child cannot or should not be returned
22to the home of the Indian parent or Indian custodian and the reasons
23for reaching that conclusion.

24(2) (A) A relative caregiver’s preference for legal guardianship
25over adoption, if it is due to circumstances that do not include an
26unwillingness to accept legal or financial responsibility for the
27child, shall not constitute the sole basis for recommending removal
28of the child from the relative caregiver for purposes of adoptive
29placement.

30(B) Regardless of his or her immigration status, a relative
31caregiver shall be given information regarding the permanency
32options of guardianship and adoption, including the long-term
33benefits and consequences of each option, prior to establishing
34legal guardianship or pursuing adoption. If the proposed permanent
35plan is guardianship with an approved relative caregiver for a
36minor eligible for aid under the Kin-GAP Program, as provided
37for in Article 4.7 (commencing with Section 11385) of Chapter 2
38of Part 3 of Division 9, the relative caregiver shall be informed
39about the terms and conditions of the negotiated agreement
40pursuant to Section 11387 and shall agree to its execution prior to
P18   1the hearing held pursuant to Section 366.26. A copy of the executed
2negotiated agreement shall be attached to the assessment.

begin insert

3(3) Commencing January 1, 2016, the entity preparing the
4assessment shall inform the prospective adoptive parent or
5guardian of the importance of working with mental health
6providers who have specialized training and experience, as
7described in Section 16125, should the prospective adoptive parent
8or guardian require those services in the future. The assessment
9shall indicate whether this information was provided.

end insert

10(h) If, at any hearing held pursuant to Section 366.26, a
11guardianship is established for the minor with an approved relative
12caregiver and juvenile court dependency is subsequently dismissed,
13the minor shall be eligible for aid under the Kin-GAP Program as
14provided for in Article 4.5 (commencing with Section 11360) or
15Article 4.7 (commencing with Section 11385) of Chapter 2 of Part
163 of Division 9, as applicable.

17(i) In determining whether reunification services will benefit
18the child pursuant to paragraph (6) or (7) of subdivision (b), the
19court shall consider any information it deems relevant, including
20the following factors:

21(1) The specific act or omission comprising the severe sexual
22abuse or the severe physical harm inflicted on the child or the
23child’s sibling or half sibling.

24(2) The circumstances under which the abuse or harm was
25inflicted on the child or the child’s sibling or half sibling.

26(3) The severity of the emotional trauma suffered by the child
27or the child’s sibling or half sibling.

28(4) Any history of abuse of other children by the offending
29parent or guardian.

30(5) The likelihood that the child may be safely returned to the
31care of the offending parent or guardian within 12 months with no
32continuing supervision.

33(6) Whether or not the child desires to be reunified with the
34offending parent or guardian.

35(j) When the court determines that reunification services will
36not be ordered, it shall order that the child’s caregiver receive the
37child’s birth certificate in accordance with Sections 16010.4 and
3816010.5. Additionally, when the court determines that reunification
39services will not be ordered, it shall order, when appropriate, that
P19   1a child who is 16 years of age or older receive his or her birth
2certificate.

3(k) The court shall read into the record the basis for a finding
4of severe sexual abuse or the infliction of severe physical harm
5under paragraph (6) of subdivision (b), and shall also specify the
6factual findings used to determine that the provision of
7reunification services to the offending parent or guardian would
8not benefit the child.

9

begin deleteSEC. 4.end delete
10begin insertSEC. 5.end insert  

Section 16125 of the Welfare and Institutions Code is
11amended to read:

12

16125.  

A foster child whose adoption has become final, who
13is receiving or is eligible to receive Adoption Assistance Program
14assistance, including Medi-Cal, and whose foster care court
15supervision has been terminated, shall be provided medically
16necessary specialty mental health services by the local mental
17health plan in the county of residence of his or her adoptive parents,
18pursuant to all of the following:

19(a) The host county mental health plan shall be responsible for
20submitting the treatment authorization request (TAR) to the mental
21health plan in the county of origin.

22(b) The requesting public or private service provider shall
23prepare the TAR.

24(c) The county of origin shall retain responsibility for
25authorization and reauthorization of services utilizing an expedited
26TAR process.

begin delete

27(d) The county mental health plan shall prioritize referrals of
28pre- and postadoptive or guardianship families to specialty mental
29health services providers who are adoption and permanency
30competent.

end delete
begin delete

31(1) A mental health professional shall be considered adoption
32and permanency competent if the following requirements are met:

end delete
begin insert

33(d) (1) The county mental health plan shall take steps to
34increase the pool of specialty mental health providers who meet
35all of the following training and experience criteria and are
36available to meet the needs of children formerly in foster care who
37have been adopted or placed with a guardian:

end insert

38(A) The mental health professional has completed the requisite
39education and obtained all necessary licenses otherwise required
40by law.

P20   1(B) The mental health professional has completed a minimum
2of 48 hours ofbegin delete adoption and permanency competencyend delete training from
3an evidence-informedbegin delete curriculum that shows empirical support for
4the impact of training on recipients’ knowledge and adoption
5practiceend delete
begin insert post-graduate adoption or permanency training program,
6continuing education courses, or individual workshopsend insert
. Topics
7covered in the curricula shallbegin insert be documented and shallend insert include, at
8a minimum, all of the following:

9(i) Separation, grief, and loss.

10(ii) Attachment.

11(iii) Trauma and brain development.

12(iv) Identity formation.

13(v) Openness in adoption.

14(vi) Impact ofbegin delete pre-end deletebegin insert prenatalend insert or postnatal exposure to drugs and
15alcohol.

16(vii) Adoptive family formation, integration, and developmental
17stages.

18(viii) Family constellation challenges in adoption, including the
19birth family and the adoptive family.

20(ix) Race, ethnicity, sexual orientation, gender identity, and
21cultural competence.

22(x) Tools for skilled practice.

23(xi) Tools for adoptive parents, including, but not limited to,
24decoding behaviors, how to mitigate impacts of trauma, and
25recognizing behavioral and emotional challenges in context of life
26histories.

27(C) A family-based, strength-based, and evidence-based
28approach to working with adoptive families and birth families.

29(D) A developmental and systemic approach to understanding
30and working with adoptive and birth families.

31(E) Demonstrated knowledge, clinical skills, and experience in
32treating individuals with a history of abuse, neglect, or trauma.

33(F) Demonstrated knowledge, clinical skills, and experience in
34working with adoptive families and birth families.

begin delete

35(2) County mental health plans shall take steps to increase the
36pool of adoption and permanency competent specialty mental
37health providers who are available to meet the needs of children
38formerly in foster care who have been adopted or are with
39guardianship families.

40(3)

end delete

P21   1begin insert(2)end insert The department shall convene a stakeholder groupbegin insert comprised
2of adoptive parents, representatives from the mental health and
3child welfare fields, and others,end insert
as appropriatebegin insert,end insert to facilitate the
4development of a process to approve curricula and determine
5criteria forbegin delete trainers. The stakeholder group shall also facilitate the
6establishment of a process by which mental health practitioners
7with adoption and permanency competency comply with the
8requirements specified in paragraph (1)end delete
begin insert trainers, and to facilitate
9the establishment of a process by which mental health practitioners
10document adoption and permanency training and experience that
11satisfies the criteria set forth in paragraph (1). The stakeholder
12group shall recommend a strategy to educate mental health
13professionals working with adoptive and guardianship families
14about the importance of obtaining training and experience that
15will increase the pool of mental health professionals who can meet
16the needs of children who were formerly in foster care and are
17 now in adoptive and guardianship familiesend insert
.

18

begin deleteSEC. 5.end delete
19begin insertSEC. 6.end insert  

If the Commission on State Mandates determines that
20this act contains costs mandated by the state, reimbursement to
21local agencies and school districts for those costs shall be made
22pursuant to Part 7 (commencing with Section 17500) of Division
234 of Title 2 of the Government Code.



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