Amended in Senate March 17, 2014

Senate Bill No. 977

Introduced by Senator Liu

February 11, 2014

An act to amend begin delete Section 391 end delete begin insert Sections 319, 361, 361.2, 366.21, 366.22, 366.25, and 366.3 end insert of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

SB 977, as amended, Liu. Juveniles: dependency court.

begin insert

Existing law establishes the jurisdiction of the juvenile court, which may adjudge certain children to be dependents of the court under certain circumstances, including when the child suffered or there is a substantial risk that the child will suffer serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of his or her parents or guardian, and establishes procedures to determine temporary placement of a dependent child. Existing law prescribes various hearings, including specified review hearings, and other procedures for these purposes.

end insert begin insert

When a court orders the removal of a child from the physical custody of his or her parent, existing law generally requires the court to order the return of the child to the physical custody of his or her parent, unless the court finds that the return of the child would create a substantial risk of detriment, or substantial danger, to the safety, protection, or physical or emotional well-being of the child.

end insert begin insert

This bill would specify that the fact that a parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent is not, for that reason alone, prima facie evidence of detriment or substantial danger and would additionally require the court to consider at those hearings whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility.

end insert begin delete

Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be dependents of the court under certain circumstances, and prescribes various hearings and other procedures for these purposes. Existing law prohibits the court from terminating dependency jurisdiction over a nonminor until a hearing is conducted and requires the county welfare to ensure that the dependent nonminor is present in court, unless the nonminor does not wish to appear in court and elects a telephonic appearance, as specified.

end delete begin delete

This bill would make technical, nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 319 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

319.  

(a) At the initial petition hearing, the court shall examine
the child’s parents, guardians, or other persons having relevant
knowledge and hear the relevant evidence as the child, the child’s
parents or guardians, the petitioner, or their counsel desires to
present. The court may examine the child, as provided in Section
350.

(b) The social worker shall report to the court on the reasons
why the child has been removed from the parent’s physical custody,
the need, if any, for continued detention, the available services
and the referral methods to those services that could facilitate the
return of the child to the custody of the child’s parents or guardians,
and whether there are any relatives who are able and willing to
take temporary physical custody of the child. The court shall order
the release of the child from custody unless a prima facie showing
has been made that the child comes within Section 300, the court
finds that continuance in the parent’s or guardian’s home is
contrary to the child’s welfare, and any of the following
circumstances exist:

(1) There is a substantial danger to the physical health of the
child or the child is suffering severe emotional damage, and there
are no reasonable means by which the child’s physical or emotional
health may be protected without removing the child from the
parent’s or guardian’s physical custody.

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

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

(4) The child indicates an unwillingness to return home, if the
child has been physically or sexually abused by a person residing
in the home.

(c) If the matter is continued pursuant to Section 322 or for any
other reason, the court shall find that the continuance of the child
in the parent’s or guardian’s home is contrary to the child’s welfare
at the initial petition hearing or order the release of the child from
custody.

(d) (1) The court shall also make a determination on the record,
referencing the social worker’s report or other evidence relied
upon, as to whether reasonable efforts were made to prevent or
eliminate the need for removal of the child from his or her home,
pursuant to subdivision (b) of Section 306, and whether there are
available services that would prevent the need for further detention.
Services to be considered for purposes of making this determination
are case management, counseling, emergency shelter care,
emergency in-home caretakers, out-of-home respite care, teaching
and demonstrating homemakers, parenting training, transportation,
and any other child welfare services authorized by the State
Department of Social Services pursuant to Chapter 5 (commencing
with Section 16500) of Part 4 of Division 9. The court shall also
review whether the social worker has considered whether a referral
to public assistance services pursuant to Chapter 2 (commencing
with Section 11200) and Chapter 7 (commencing with Section
14000) of Part 3, Chapter 1 (commencing with Section 17000) of
Part 5, and Chapter 10 (commencing with Section 18900) of Part
6 of Division 9 would have eliminated the need to take temporary
custody of the child or would prevent the need for further detention.

(2) If the child can be returned to the custody of his or her parent
or guardian through the provision of those services, the court shall
place the child with his or her parent or guardian and order that
the services shall be provided. If the child cannot be returned to
the physical custody of his or her parent or guardian, the court
shall determine if there is a relative who is able and willing to care
for the child, and has been assessed pursuant to paragraph (1) of
subdivision (d) of Section 309.

begin insert

(3) In order to preserve the bond between the child and the
parent and to facilitate family reunification, the court shall
consider whether the child can be returned to the custody of his
or her parent who is enrolled in a certified substance abuse
treatment facility that allows a dependent child to reside with his
or her parent. The fact that the parent is enrolled in a certified
substance abuse treatment facility that allows a dependent child
to reside with his or her parent shall not be, for that reason alone,
prima facie evidence of substantial danger. The court shall specify
the factual basis for its conclusion that the return of the child to
the custody of his or her parent would pose a substantial danger
or would not pose a substantial danger to the physical health,
safety, protection, or physical or emotional well-being of the child.

end insert

(e) If a court orders a child detained, the court shall state the
facts on which the decision is based, specify why the initial removal
was necessary, reference the social worker’s report or other
evidence relied upon to make its determination whether
continuance in the home of the parent or legal guardian is contrary
to the child’s welfare, order temporary placement and care of the
child to be vested with the county child welfare department pending
the hearing held pursuant to Section 355 or further order of the
court, and order services to be provided as soon as possible to
reunify the child and his or her family if appropriate.

(f) (1) If the child is not released from custody, the court may
order that the child shall be placed in the assessed home of a
relative, in an emergency shelter or other suitable licensed place,
in a place exempt from licensure designated by the juvenile court,
or in the assessed home of a nonrelative extended family member
as defined in Section 362.7 for a period not to exceed 15 judicial
days. A runaway and homeless youth shelter licensed by the State
Department of Social Services pursuant to Section 1502.35 of the
Health and Safety Code shall not be a placement option pursuant
to this section.

(2) 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 these persons,
even if the marriage was terminated by death or dissolution.
However, only the following relatives shall be given preferential
consideration for placement of the child: an adult who is a
grandparent, aunt, uncle, or sibling of the child.

(3) The court shall consider the recommendations of the social
worker based on the assessment pursuant to paragraph (1) of
subdivision (d) of Section 309 of the relative’s home, including
the results of a criminal records check and prior child abuse
allegations, if any, prior to ordering that the child be placed with
a relative. The court shall order the parent to disclose to the social
worker the names, residences, and any known identifying
information of any maternal or paternal relatives of the child. The
social worker shall initiate the assessment pursuant to Section
361.3 of any relative to be considered for continuing placement.

(g) (1) At the initial hearing upon the petition filed in
accordance with subdivision (c) of Rule 5.520 of the California
Rules of Court or anytime thereafter up until the time that the
minor is adjudged a dependent child of the court or a finding is
made dismissing the petition, the court may temporarily limit the
right of the parent or guardian to make educational or
developmental services decisions for the child and temporarily
appoint a responsible adult to make educational or developmental
services decisions for the child if all of the following conditions
are found:

(A) The parent or guardian is unavailable, unable, or unwilling
to exercise educational or developmental services rights for the
child.

(B) The county placing agency has made diligent efforts to
locate and secure the participation of the parent or guardian in
educational or developmental services decisionmaking.

(C) The child’s educational and developmental services needs
cannot be met without the temporary appointment of a responsible
adult.

(2) If the court limits the parent’s educational rights under this
subdivision, the court shall determine whether there is a responsible
adult who is a relative, nonrelative extended family member, or
other adult known to the child and who is available and willing to
serve as the child’s educational representative before appointing
an educational representative or surrogate who is not known to the
child.

(3) If the court cannot identify a responsible adult to make
educational decisions for the child and the appointment of a
surrogate parent, as defined in subdivision (a) of Section 56050
of the Education Code, is not warranted, the court may, with the
input of any interested person, make educational 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)). 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 court
makes educational or developmental services decisions for the
child, the court shall also issue appropriate orders to ensure that
every effort is made to identify a responsible adult to make future
educational or developmental services decisions for the child.

(4) Any temporary appointment of a responsible adult and
temporary 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. Any order made under
this section shall expire at the conclusion of the hearing held
pursuant to Section 361 or upon dismissal of the petition. Upon
the entering of disposition orders, any additional needed limitation
on the parent’s or guardian’s educational or developmental services
rights shall be addressed pursuant to Section 361.

(5) Nothing in this section in any way removes the obligation
to appoint surrogate parents for students with disabilities who are
without parental representation in special education procedures as
required by state and federal law, including Section 1415(b)(2) of
Title 20 of the United States Code, Section 56050 of the Education
Code, Section 7579.5 of the Government Code, and Rule 5.650
of the California Rules of Court.

(6) 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), and as set forth in the court order.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 361 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

361.  

(a) (1) 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,
or, for the nonminor dependent, if the court finds the appointment
of a developmental services decisionmaker to be in the best
interests of the nonminor dependent, the court shall at the same
time appoint a responsible adult to make educational or
developmental services decisions for the child or nonminor
dependent until one of the following occurs:

(A) The minor reaches 18 years of age, unless the child or
nonminor dependent chooses not to make educational or
developmental services decisions for himself or herself, or is
deemed by the court to be incompetent.

(B) Another responsible adult is appointed to make educational
or developmental services decisions for the minor pursuant to this
section.

(C) The right of the parent or guardian to make educational or
developmental services decisions for the minor is fully restored.

(D) A successor guardian or conservator is appointed.

(E) The child is placed into a planned permanent living
arrangement pursuant to paragraph (5) of subdivision (g) of Section
366.21, Section 366.22, Section 366.26, or subdivision (i) of
Section 366.3, 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 or nonminor dependent in matters related to
developmental services.

(2) An individual who would have a conflict of interest in
representing the child or nonminor dependent begin delete may end delete begin insert shall end insert not be
appointed to make educational or developmental services decisions.
For purposes of this section, “an individual who would have a
conflict of interest begin delete , end delete ” 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 attorney’s
fees for the provision of services pursuant to this section. A foster
parent begin delete may end delete begin insert shall end insert 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.

(3) If the court limits the parent’s educational rights pursuant
to this subdivision, the court shall determine whether there is a
responsible adult who is a relative, nonrelative extended family
member, or other adult known to the child who is available and
willing to serve as the child’s educational representative before
appointing an educational representative or surrogate who is not
known to the child.

If the court cannot identify a responsible adult who is known to
the child and available to make educational decisions for the child,
subparagraphs (A) to (E), inclusive, of paragraph (1) 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.

(4) If the court appoints a developmental services decisionmaker
pursuant to this section, he or she shall have the authority to access
the child’s or nonminor dependent’s information and records
pursuant to subdivision (u) of Section 4514 and subdivision (y) of
Section 5328, and to act on the child’s or nonminor dependent’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 or nonminor
dependent, the court may, with the input of any interested person,
make developmental services decisions for the child or nonminor
dependent. 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 or nonminor
dependent’s individual program plan and pursuant to the provisions
of the Lanterman Developmental Disabilities Services Act
(Division 4.5 (commencing with Section 4500)).

(5) 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. If an educational
representative or surrogate is appointed for the child, the
representative or surrogate shall meet with the child, shall
investigate the child’s educational needs and whether those needs
are being met, and shall, prior to each review hearing held under
this article, provide information and recommendations concerning
the child’s educational needs to the child’s social worker, make
written recommendations to the court, or attend the hearing and
participate in those portions of the hearing that concern the child’s
education.

(6) Nothing in this section in any way removes the obligation
to appoint surrogate parents for students with disabilities who are
without parental representation in special education procedures as
required by state and federal law, including Section 1415(b)(2) of
Title 20 of the United States Code, Section 56050 of the Education
Code, Section 7579.5 of the Government Code, and Rule 5.650
of the California Rules of Court.

(b) Subdivision (a) does not limit the ability of a parent to
voluntarily relinquish his or her child to the State Department of
Social Services or to a county adoption agency at any time while
the child is a dependent child of the juvenile court, if the
department or agency is willing to accept the relinquishment.

(c) A dependent child begin delete may end delete begin insert shall end insert 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, begin delete the option end delete begin insert each of the following: end insert

begin insert (A) end insert begin insert   end insert begin insert The option end insert of removing an offending parent or guardian
from the home. begin delete The court shall also consider, as a reasonable means
to protect the minor, allowing end delete

begin insert (B) end insert begin insert   end insert begin insert Allowing end insert 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.

begin insert

(C) Whether the child can be returned to the custody of his or
her parent who is enrolled in a certified substance abuse treatment
facility that allows a dependent child to reside with his or her
parent.

end insert

(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.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 361.2 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

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. begin insert The fact that the parent is enrolled in a
certified substance abuse treatment facility that allows a dependent
child to reside with his or her parent shall not be, for that reason
alone, prima facie evidence that placement with that parent would
be detrimental. end insert

(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 (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, except a
runaway and homeless youth shelter licensed by the State
Department of Social Services pursuant to Section 1502.35 of the
Health and Safety Code.

(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) (i) When a case plan indicates that placement is for purposes
of providing short-term, specialized, and intensive treatment to
the child, the case plan specifies the need for, nature of, and
anticipated duration of this treatment, pursuant to paragraph (2)
of subdivision (c) of Section 16501.1, 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, and the deputy director or director of the county child
welfare department or an assistant chief probation officer or chief
probation officer of the county probation department has approved
the case plan.

(ii) The short term, specialized, and intensive treatment period
shall not exceed 120 days, unless the county has made progress
toward or is actively working toward implementing the case plan
that identifies the services or supports necessary to transition the
child to a family setting, circumstances beyond the county’s control
have prevented the county from obtaining those services or
supports within the timeline documented in the case plan, and the
need for additional time pursuant to the case plan is documented
by the caseworker and approved by a deputy director or director
of the county child welfare department or an assistant chief
probation officer or chief probation officer of the county probation
department.

(iii) To the extent that placements pursuant to this paragraph
are extended beyond an initial 120 days, the requirements of
clauses (i) and (ii) shall apply to each extension. In addition, the
deputy director or director of the county child welfare department
or an assistant chief probation officer or chief probation officer of
the county probation department shall approve the continued
placement no less frequently than every 60 days.

(B) When a case plan indicates that placement is for purposes
of providing family reunification services. In addition, the facility
offers family reunification services that meet the needs of the
individual child and his or her family, permits parents to have
reasonable access to their children 24 hours a day, encourages
extensive parental involvement in meeting the daily needs of their
children, and employs staff trained to provide family reunification
services. In addition, one of the following conditions exists:

(i) The child’s parent is also a ward of the court and resides in
the facility.

(ii) The child’s parent is participating in a treatment program
affiliated with the facility and the child’s placement in the facility
facilitates the coordination and provision of reunification services.

(iii) Placement in the facility is the only alternative that permits
the parent to have daily 24-hour access to the child in accordance
with the case plan, to participate fully in meeting all of the daily
needs of the child, including feeding and personal hygiene, and to
have access to necessary reunification services.

(9) (A) A child who is 6 to 12 years of age, inclusive, may be
placed in a community care facility licensed as a group home for
children only when a case plan indicates that placement is for
purposes of providing short-term, specialized, and intensive
treatment for the child, the case plan specifies the need for, nature
of, and anticipated duration of this treatment, pursuant to paragraph
(2) of subdivision (c) of Section 16501.1, and is approved by the
deputy director or director of the county child welfare department
or an assistant chief probation officer or chief probation officer of
the county probation department.

(B) The short-term, specialized, and intensive treatment period
shall not exceed six months, unless the county has made progress
or is actively working toward implementing the case plan that
identifies the services or supports necessary to transition the child
to a family setting, circumstances beyond the county’s control
have prevented the county from obtaining those services or
supports within the timeline documented in the case plan, and the
need for additional time pursuant to the case plan is documented
by the caseworker and approved by a deputy director or director
of the county child welfare department or an assistant chief
probation officer or chief probation officer of the county probation
department.

(C) To the extent that placements pursuant to this paragraph are
extended beyond an initial six months, the requirements of
subparagraph (A) and (B) shall apply to each extension. In addition,
the deputy director or director of the county child welfare
department or an assistant chief probation officer or chief probation
officer of the county probation department shall approve the
continued placement no less frequently than every 60 days.

(10) Nothing in this subdivision shall be construed to allow a
social worker to place any dependent child outside the United
States, except as specified in subdivision (f).

(f) (1) A child under the supervision of a social worker pursuant
to subdivision (e) shall not be placed outside the United States
prior to a judicial finding that the placement is in the best interest
of the child, except as required by federal law or treaty.

(2) The party or agency requesting placement of the child outside
the United States shall carry the burden of proof and begin delete must end delete begin insert shall end insert
show, by clear and convincing evidence, that placement outside
the United States is in the best interest of the child.

(3) In determining the best interest of the child, the court shall
consider, but not be limited to, the following factors:

(A) Placement with a relative.

(B) Placement of siblings in the same home.

(C) Amount and nature of any contact between the child and
the potential guardian or caretaker.

(D) Physical and medical needs of the dependent child.

(E) Psychological and emotional needs of the dependent child.

(F) Social, cultural, and educational needs of the dependent
child.

(G) Specific desires of any dependent child who is 12 years of
age or older.

(4) If the court finds that a placement outside the United States
is, by clear and convincing evidence, in the best interest of the
child, the court may issue an order authorizing the social worker
to make a placement outside the United States. A child subject to
this subdivision shall not leave the United States prior to the
issuance of the order described in this paragraph.

(5) For purposes of this subdivision, “outside the United States”
shall not include the lands of any federally recognized American
Indian tribe or Alaskan Natives.

(6) This subdivision shall not apply to the placement of a
dependent child with a parent pursuant to subdivision (a).

(g) (1) If the child is taken from the physical custody of the
child’s parent or guardian and unless the child is placed with
relatives, the child shall be placed in foster care in the county of
residence of the child’s parent or guardian in order to facilitate
reunification of the family.

(2) In the event that there are no appropriate placements
available in the parent’s or guardian’s county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent’s or guardian’s
community of residence.

(3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child’s placement corresponding to
frequent changes of residence by the parent or guardian. In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent’s or guardian’s
reason for the move.

(4) When it has been determined that it is necessary for a child
to be placed in a county other than the child’s parent’s or guardian’s
county of residence, the specific reason the out-of-county
placement is necessary shall be documented in the child’s case
plan. If the reason the out-of-county placement is necessary is the
lack of resources in the sending county to meet the specific needs
of the child, those specific resource needs shall be documented in
the case plan.

(5) When it has been determined that a child is to be placed out
of county either in a group home or with a foster family agency
for subsequent placement in a certified foster family home, and
the sending county is to maintain responsibility for supervision
and visitation of the child, the sending county shall develop a plan
of supervision and visitation that specifies the supervision and
visitation activities to be performed and specifies that the sending
county is responsible for performing those activities. In addition
to the plan of supervision and visitation, the sending county shall
document information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern in the receiving county. Upon implementation of the Child
Welfare Services Case Management System, the plan of
supervision and visitation, as well as information regarding any
known or suspected dangerous behavior of the child, shall be made
available to the receiving county upon placement of the child in
the receiving county. If placement occurs on a weekend or holiday,
the information shall be made available to the receiving county on
or before the end of the next business day.

(6) When it has been determined that a child is to be placed out
of county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties. The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation. The formal agreement shall be approved
and signed by the sending and receiving counties prior to placement
of the child in the receiving county. In addition, upon completion
of the case plan, the sending county shall provide a copy of the
completed case plan to the receiving county. The case plan shall
include information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern to the receiving county.

(h) Whenever the social worker must change the placement of
the child and is unable to find a suitable placement within the
county and must place the child outside the county, the placement
shall not be made until he or she has served written notice on the
parent or guardian at least 14 days prior to the placement, unless
the child’s health or well-being is endangered by delaying the
action or would be endangered if prior notice were given. The
notice shall state the reasons which require placement outside the
county. The parent or guardian may object to the placement not
later than seven days after receipt of the notice and, upon objection,
the court shall hold a hearing not later than five days after the
objection and prior to the placement. The court shall order
out-of-county placement if it finds that the child’s particular needs
require placement outside the county.

(i) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether the family ties and best interest of the
child will be served by granting visitation rights to the child’s
grandparents. The court shall clearly specify those rights to the
social worker.

(j) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether there are any siblings under the court’s
jurisdiction, the nature of the relationship between the child and
his or her siblings, the appropriateness of developing or maintaining
the sibling relationships pursuant to Section 16002, and the impact
of the sibling relationships on the child’s placement and planning
for legal permanence.

(k) (1) When an agency has placed a child with a relative
caregiver, a nonrelative extended family member, a licensed foster
family home, or a group home, the agency shall ensure placement
of the child in a home that, to the fullest extent possible, best meets
the day-to-day needs of the child. A home that best meets the
day-to-day needs of the child shall satisfy all of the following
criteria:

(A) The child’s caregiver is able to meet the day-to-day health,
safety, and well-being needs of the child.

(B) The child’s caregiver is permitted to maintain the least
restrictive and most family-like environment that serves the
day-to-day needs of the child.

(C) The child is permitted to engage in reasonable,
age-appropriate day-to-day activities that promote the most
family-like environment for the foster child.

(2) The foster child’s caregiver shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, to determine day-to-day activities that are
age-appropriate to meet the needs of the child. Nothing in this
section shall be construed to permit a child’s caregiver to permit
the child to engage in day-to-day activities that carry an
unreasonable risk of harm, or subject the child to abuse or neglect.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 366.21 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

366.21.  

(a) Every hearing conducted by the juvenile court
reviewing the status of a dependent child shall be placed on the
appearance calendar. The court shall advise all persons present at
the hearing of the date of the future hearing and of their right to
be present and represented by counsel.

(b) Except as provided in Sections 294 and 295, notice of the
hearing shall be provided pursuant to Section 293.

(c) At least 10 calendar days prior to the hearing, the social
worker shall file a supplemental report with the court regarding
the services provided or offered to the parent or legal guardian to
enable him or her to assume custody and the efforts made to
achieve legal permanence for the child if efforts to reunify fail,
including, but not limited to, efforts to maintain relationships
between a child who is 10 years of age or older and has been in
out-of-home placement for six months or longer and individuals
who are important to the child, consistent with the child’s best
interests; the progress made; and, where relevant, the prognosis
for return of the child to the physical custody of his or her parent
or legal guardian; and shall make his or her recommendation for
disposition. If the child is a member of a sibling group described
in subparagraph (C) of paragraph (1) of subdivision (a) of Section
361.5, the report and recommendation may also take into account
those factors described in subdivision (e) relating to the child’s
sibling group. If the recommendation is not to return the child to
a parent or legal guardian, the report shall specify why the return
of the child would be detrimental to the child. The social worker
shall provide the parent or legal guardian, counsel for the child,
and any court-appointed child advocate with a copy of the report,
including his or her recommendation for disposition, at least 10
calendar days prior to the hearing. In the case of a child removed
from the physical custody of his or her parent or legal guardian,
the social worker shall, at least 10 calendar days prior to the
hearing, provide a summary of his or her recommendation for
disposition to any foster parents, relative caregivers, and certified
foster parents who have been approved for adoption by the State
Department of Social Services when it is acting as an adoption
agency or by a county adoption agency, community care facility,
or foster family agency having the physical custody of the child.
The social worker shall include a copy of the Judicial Council
Caregiver Information Form (JV-290) with the summary of
recommendations to the child’s foster parents, relative caregivers,
or foster parents approved for adoption, in the caregiver’s primary
language when available, along with information on how to file
the form with the court.

(d) Prior to any hearing involving a child in the physical custody
of a community care facility or a foster family agency that may
result in the return of the child to the physical custody of his or
her parent or legal guardian, or in adoption or the creation of a
legal guardianship, or in the case of an Indian child, in consultation
with the child’s tribe, tribal customary adoption, the facility or
agency shall file with the court a report, or a Judicial Council
Caregiver Information Form (JV-290), containing its
recommendation for disposition. Prior to the hearing involving a
child in the physical custody of a foster parent, a relative caregiver,
or a certified foster parent who has been approved for adoption by
the State Department of Social Services when it is acting as an
adoption agency or by a county adoption agency, the foster parent,
relative caregiver, or the certified foster parent who has been
approved for adoption by the State Department of Social Services
when it is acting as an adoption agency or by a county adoption
agency, may file with the court a report containing his or her
recommendation for disposition. The court shall consider the report
and recommendation filed pursuant to this subdivision prior to
determining any disposition.

(e) At the review hearing held six months after the initial
dispositional hearing, but no later than 12 months after the date
the child entered foster care as determined in Section 361.49,
whichever occurs earlier, after considering the admissible and
relevant evidence, 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. begin insert The court shall also consider
whether the child can be returned to the custody of his or her
parent who is enrolled in a certified substance abuse treatment
facility that allows a dependent child to reside with his or her
parent. The fact that the parent is enrolled in a certified substance
abuse treatment facility shall not be, for that reason alone, prima
facie evidence of detriment. end insert 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 interests of each child in the sibling group.
The court shall specify the factual basis for its finding that it is in
the best interests of each child to schedule a hearing pursuant to
Section 366.26 within 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
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. After considering the relevant
and admissible evidence, 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’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
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. begin insert The court shall also consider whether the child can be
returned to the custody of his or her parent who is enrolled in a
certified substance abuse treatment facility that allows a dependent
child to reside with his or her parent. The fact that the parent is
enrolled in a certified substance abuse treatment facility shall not
be, for that reason alone, prima facie evidence of detriment. end insert 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 begin delete may end delete begin insert shall end insert 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 Department of Homeland Security, or deported to
his or her country of origin, and the court determines either 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.

(3) For purposes of paragraph (2), 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 begin delete must end delete begin insert shall end insert find
all of the following:

(A) The parent or legal guardian has consistently and regularly
contacted and visited with the child, taking into account any
particular barriers to a parent’s ability to maintain contact with his
or her child due to the parent’s arrest and receipt of an immigration
hold, detention by the United States Department of Homeland
Security, or deportation.

(B) The parent or legal guardian has made significant progress
in resolving the problems that led to the child’s removal from the
home.

(C) The parent or legal guardian has demonstrated the capacity
or 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.

(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, unless the nonminor
dependent is an Indian child and tribal customary adoption is
recommended as the permanent plan.

(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 or by a county adoption agency, that there is a
compelling reason for determining that a hearing held pursuant to
Section 366.26 is not in the best interests of the child because the
child is not a proper subject for adoption and has no one willing
to accept legal guardianship. For purposes of this section, a
recommendation by the State Department of Social Services when
it is acting as an adoption agency or by a county adoption agency
that adoption is not in the best interests 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 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 county
adoption agency, or the State Department of Social Services when
it is acting as an adoption agency, to prepare an assessment that
shall include:

(A) Current search efforts for an absent parent or parents or
legal guardians.

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

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

(D) A preliminary assessment of the eligibility and commitment
of any identified prospective adoptive parent or legal guardian,
including the prospective tribal customary adoptive parent,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse
or neglect, the capability to meet the child’s needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed guardian is a relative
of the minor, the assessment shall also consider, but need not be
limited to, all of the factors specified in subdivision (a) of Section
361.3 and in Section 361.4.

(E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of
the relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative’s or
adoptive parent’s strong commitment to caring permanently for
the child, the motivation for seeking adoption or guardianship, a
statement from the child concerning placement and the adoption
or guardianship, and whether the child, if over 12 years of age,
has been consulted about the proposed relative guardianship
arrangements, unless the child’s age or physical, emotional, or
other condition precludes his or her meaningful response, and if
so, a description of the condition.

(F) A description of efforts to be made to identify a prospective
adoptive parent or legal guardian, including, but not limited to,
child-specific recruitment and listing on an adoption exchange
within the state or out of the state.

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

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

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

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

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

(B) 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. If the proposed permanent
plan is guardianship with an approved relative caregiver for a
minor eligible for aid under the Kin-GAP Program, as provided
for in Article 4.7 (commencing with Section 11385) of Chapter 2
of Part 3 of Division 9, the relative caregiver shall be informed
about the terms and conditions of the negotiated agreement
pursuant to Section 11387 and shall agree to its execution prior to
the hearing held pursuant to Section 366.26. A copy of the executed
negotiated agreement shall be attached to the assessment.

(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. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program,
as provided for in Article 4.7 (commencing with Section 11385)
of Chapter 2 of Part 3 of Division 9, “relative” as used in this
section has the same meaning as “relative” as defined in
subdivision (c) of Section 11391.

(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.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 366.22 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

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. After considering the
admissible and relevant evidence, 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. begin insert The court shall also consider whether the
child can be returned to the custody of his or her parent who is
enrolled in a certified substance abuse treatment facility that allows
a dependent child to reside with his or her parent. The fact that
the parent is enrolled in a certified substance abuse treatment
facility shall not be, for that reason alone, prima facie evidence
of detriment. end insert 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’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.

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, unless the nonminor dependent is
an Indian child, and tribal customary adoption is recommended as
the permanent plan. However, if the court finds by clear and
convincing evidence, based on the evidence already presented to
it, including a recommendation by the State Department of Social
Services when it is acting as an adoption agency or by a county
adoption agency, that there is a compelling reason, as described
in paragraph (5) of subdivision (g) of Section 366.21, for
determining that a hearing held under Section 366.26 is not in the
best interests of the child because the child is not a proper subject
for adoption and has no one willing to accept legal guardianship,
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 Department
of Homeland Security 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 deportation to his or her country of origin and his or
her return to the United States, and to provide for the child’s safety,
protection, physical and emotional well-being, and special needs.

For purposes of this subdivision, the court’s decision to continue
the case based on a finding or substantial probability that the child
will be returned to the physical custody of his or her parent or legal
guardian is a compelling reason for determining that a hearing
held pursuant to Section 366.26 is not in the best interests of the
child.

The court shall inform the parent or legal guardian that if the
child cannot be returned home by the subsequent permanency
review hearing, a proceeding pursuant to Section 366.26 may be
instituted. The court may not order that a hearing pursuant to
Section 366.26 be held unless there is clear and convincing
evidence that reasonable services have been provided or offered
to the parent or legal guardian.

(c) (1) Whenever a court orders that a hearing pursuant to
Section 366.26, including when a tribal customary adoption is
recommended, shall be held, it shall direct the agency supervising
the child and the county adoption agency, or the State Department
of Social Services when it is acting as an adoption agency, to
prepare an assessment that shall include:

(A) Current search efforts for an absent parent or parents.

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

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

(D)  A preliminary assessment of the eligibility and commitment
of any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse
or neglect, the capability to meet the child’s needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed legal guardian is a
relative of the minor, the assessment shall also consider, but need
not be limited to, all of the factors specified in subdivision (a) of
Section 361.3 and Section 361.4.

(E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of
the relationship, the degree of attachment of the child to the
prospective relative guardian or adoptive parent, the relative’s or
adoptive parent’s strong commitment to caring permanently for
the child, the motivation for seeking adoption or legal guardianship,
a statement from the child concerning placement and the adoption
or legal guardianship, and whether the child, if over 12 years of
age, has been consulted about the proposed relative guardianship
arrangements, unless the child’s age or physical, emotional, or
other condition precludes his or her meaningful response, and if
so, a description of the condition.

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

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

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

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

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

(B) 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. If the proposed permanent
plan is guardianship with an approved relative caregiver for a
minor eligible for aid under the Kin-GAP Program, as provided
for in Article 4.7 (commencing with Section 11385) of Chapter 2
of Part 3 of Division 9, the relative caregiver shall be informed
about the terms and conditions of the negotiated agreement
pursuant to Section 11387 and shall agree to its execution prior to
the hearing held pursuant to Section 366.26. A copy of the executed
negotiated agreement shall be attached to the assessment.

(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. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program,
as provided for in Article 4.7 (commencing with Section 11385)
of Chapter 2 of Part 3 of Division 9, “relative” as used in this
section has the same meaning as “relative” as defined in
subdivision (c) of Section 11391.

(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.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 366.25 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

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. After considering the relevant and
admissible evidence, 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’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. begin insert The court shall also consider whether the child
can be returned to the custody of a parent who is enrolled in a
certified substance abuse treatment facility that allows a dependent
child to reside with his or her parent. The fact that the parent is
enrolled in a certified substance abuse treatment facility shall not
be, for that reason alone, prima facie evidence of detriment. end insert 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 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.

(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, unless the nonminor dependent
is an Indian child and tribal customary adoption is recommended
as the permanent plan. However, if the court finds by clear and
convincing evidence, based on the evidence already presented to
it, including a recommendation by the State Department of Social
Services when it is acting as an adoption agency or by a county
adoption agency, that there is a compelling reason, as described
in paragraph (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 paragraph, evidence of any of the following
circumstances shall not, in and of themselves, be deemed a failure
to provide or offer reasonable services:

(A) The child has been placed with a foster family that is eligible
to adopt a child, or has been placed in a preadoptive home.

(B) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.

(C) Services to make and finalize a permanent placement for
the child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.

(b) (1) Whenever a court orders that a hearing pursuant to
Section 366.26 shall be held, it shall direct the agency supervising
the child and the county adoption agency, or the State Department
of Social Services when it is acting as an adoption agency, to
prepare an assessment that shall include:

(A) Current search efforts for an absent parent or parents.

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

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

(D) A preliminary assessment of the eligibility and commitment
of any identified prospective adoptive parent or legal guardian,
including a prospective tribal customary adoptive parent,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse
or neglect, the capability to meet the child’s needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed legal guardian is a
relative of the minor, the assessment shall also consider, but need
not be limited to, all of the factors specified in subdivision (a) of
Section 361.3 and in Section 361.4.

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

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

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

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

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

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

(B) 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. If the proposed permanent
plan is guardianship with an approved relative caregiver for a
minor eligible for aid under the Kin-GAP Program, as provided
for in Article 4.7 (commencing with Section 11385) of Chapter 2
of Part 3 of Division 9, the relative caregiver shall be informed
about the terms and conditions of the negotiated agreement
pursuant to Section 11387 and shall agree to its execution prior to
the hearing held pursuant to Section 366.26. A copy of the executed
negotiated agreement shall be attached to the assessment.

(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. If the
proposed permanent plan is guardianship with an approved relative
caregiver for a minor eligible for aid under the Kin-GAP Program,
as provided in Article 4.7 (commencing with Section 11385) of
Chapter 2 of Part 3 of Division 9, “relative” as used in this section
has the same meaning as “relative” as defined in subdivision (c)
of Section 11391.

(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.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 366.3 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

366.3.  

(a) If a juvenile court orders a permanent plan of
adoption, tribal customary adoption, adoption of a nonminor
dependent pursuant to subdivision (f) of Section 366.31, or legal
guardianship pursuant to Section 360 or 366.26, the court shall
retain jurisdiction over the child or nonminor dependent until the
child or nonminor dependent is adopted or the legal guardianship
is established, except as provided for in Section 366.29 or, on and
after January 1, 2012, Section 366.32. The status of the child or
nonminor dependent shall be reviewed every six months to ensure
that the adoption or legal guardianship is completed as
expeditiously as possible. When the adoption of the child or
nonminor dependent has been granted, or in the case of a tribal
customary adoption, when the tribal customary adoption order has
been afforded full faith and credit and the petition for adoption
has been granted, the court shall terminate its jurisdiction over the
child or nonminor dependent. Following establishment of a legal
guardianship, the court may continue jurisdiction over the child
as a dependent child of the juvenile court or may terminate its
dependency jurisdiction and retain jurisdiction over the child as a
ward of the legal guardianship, as authorized by Section 366.4. If,
however, a relative of the child is appointed the legal guardian of
the child and the child has been placed with the relative for at least
six months, the court shall, except if the relative guardian objects,
or upon a finding of exceptional circumstances, terminate its
dependency jurisdiction and retain jurisdiction over the child as a
ward of the guardianship, as authorized by Section 366.4.
Following a termination of parental rights, the parent or parents
shall not be a party to, or receive notice of, any subsequent
proceedings regarding the child.

(b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact. The court may vacate its previous order dismissing
dependency jurisdiction over the child.

Notwithstanding Section 1601 of the Probate Code, the
proceedings to terminate a legal guardianship that has been granted
pursuant to Section 360 or 366.26 shall be held either in the
juvenile court that retains jurisdiction over the guardianship as
authorized by Section 366.4 or the juvenile court in the county
where the guardian and child currently reside, based on the best
interests of the child, unless the termination is due to the
emancipation or adoption of the child. The juvenile court having
jurisdiction over the guardianship shall receive notice from the
court in which the petition is filed within five calendar days of the
filing. Prior to the hearing on a petition to terminate legal
guardianship pursuant to this subdivision, the court shall order the
county department of social services or welfare department having
jurisdiction or jointly with the county department where the
guardian and child currently reside to prepare a report, for the
court’s consideration, that shall include an evaluation of whether
the child could safely remain in, or be returned to, the legal
guardian’s home, without terminating the legal guardianship, if
services were provided to the child or legal guardian. If applicable,
the report shall also identify recommended family maintenance or
reunification services to maintain the legal guardianship and set
forth a plan for providing those services. If the petition to terminate
legal guardianship is granted, either juvenile court may resume
dependency jurisdiction over the child, and may order the county
department of social services or welfare department to develop a
new permanent plan, which shall be presented to the court within
60 days of the termination. If no dependency jurisdiction has
attached, the social worker shall make any investigation he or she
deems necessary to determine whether the child may be within the
jurisdiction of the juvenile court, as provided in Section 328.

Unless the parental rights of the child’s parent or parents have
been terminated, they shall be notified that the legal guardianship
has been revoked or terminated and shall be entitled to participate
in the new permanency planning hearing. The court shall try to
place the child in another permanent placement. At the hearing,
the parents may be considered as custodians but the child shall not
be returned to the parent or parents unless they prove, by a
preponderance of the evidence, that reunification is the best
alternative for the child. begin insert The court shall consider whether the child
can be returned to the custody of his or her parent who is enrolled
in a certified substance abuse treatment facility that allows a
dependent child to reside with his or her parent. end insert The court may,
if it is in the best interests of the child, order that reunification
services again be provided to the parent or parents.

(c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed
circumstances that indicate adoption or, for an Indian child, tribal
customary adoption, may be an appropriate plan for the child, the
department shall so notify the court. The court may vacate its
previous order dismissing dependency jurisdiction over the child
and order that a hearing be held pursuant to Section 366.26 to
determine whether adoption or continued legal guardianship is the
most appropriate plan for the child. The hearing shall be held no
later than 120 days from the date of the order. If the court orders
that a hearing shall be held pursuant to Section 366.26, the court
shall direct the agency supervising the child and the county
adoption agency, or the State Department of Social Services if it
is acting as an adoption agency, to prepare an assessment under
subdivision (b) of Section 366.22.

(d) If the child or, on and after January 1, 2012, nonminor
dependent is in a placement other than the home of a legal guardian
and jurisdiction has not been dismissed, the status of the child shall
be reviewed at least every six months. The review of the status of
a child for whom the court has ordered parental rights terminated
and who has been ordered placed for adoption shall be conducted
by the court. The review of the status of a child or, on and after
January 1, 2012, nonminor dependent for whom the court has not
ordered parental rights terminated and who has not been ordered
placed for adoption may be conducted by the court or an
appropriate local agency. The court shall conduct the review under
the following circumstances:

(1) Upon the request of the child’s parents or legal guardians.

(2) Upon the request of the child or, on and after January 1,
2012, nonminor dependent.

(3) It has been 12 months since a hearing held pursuant to
Section 366.26 or an order that the child remain in long-term foster
care pursuant to Section 366.21, 366.22, 366.25, 366.26, or
subdivision (h).

(4) It has been 12 months since a review was conducted by the
court.

The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been
made.

(e) Except as provided in subdivision (g), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:

(1) The continuing necessity for, and appropriateness of, the
placement.

(2) Identification of individuals other than the child’s siblings
who are important to a child who is 10 years of age or older and
has been in out-of-home placement for six months or longer, and
actions necessary to maintain the child’s relationship with those
individuals, provided that those relationships are in the best interest
of the child. The social worker shall ask every child who is 10
years of age or older and who has been in out-of-home placement
for six months or longer to identify individuals other than the
child’s siblings who are important to the child, and may ask any
other child to provide that information, as appropriate. The social
worker shall make efforts to identify other individuals who are
important to the child, consistent with the child’s best interests.

(3) The continuing appropriateness and extent of compliance
with the permanent plan for the child, including efforts to maintain
relationships between a child who is 10 years of age or older and
who has been in out-of-home placement for six months or longer
and individuals who are important to the child and efforts to
identify a prospective adoptive parent or legal guardian, including,
but not limited to, child-specific recruitment efforts and listing on
an adoption exchange.

(4) The extent of the agency’s compliance with the child welfare
services case plan in making reasonable efforts either to return the
child to the safe home of the parent or to complete whatever steps
are necessary to finalize the permanent placement of the child. If
the reviewing body determines that a second period of reunification
services is in the child’s best interests, and that there is a significant
likelihood of the child’s return to a safe home due to changed
circumstances of the parent, pursuant to subdivision (f), the specific
reunification services required to effect the child’s return to a safe
home shall be described.

(5) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions or developmental
services decisions for the child. That limitation shall be specifically
addressed in the court order and may not exceed what is necessary
to protect the child. If the court specifically limits the right of the
parent or guardian to make educational decisions or developmental
services decisions for the child, the court shall at the same time
appoint a responsible adult to make educational decisions or
developmental services decisions for the child pursuant to Section
361.

(6) The adequacy of services provided to the child. The court
shall consider the progress in providing the information and
documents to the child, as described in Section 391. The court
shall also consider the need for, and progress in providing, the
assistance and services described in Section 391.

(7) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.

(8) The likely date by which the child may be returned to, and
safely maintained in, the home, placed for adoption, legal
guardianship, in another planned permanent living arrangement,
or, for an Indian child, in consultation with the child’s tribe, placed
for tribal customary adoption.

(9) Whether the child has any siblings under the court’s
jurisdiction, and, if any siblings exist, all of the following:

(A) The nature of the relationship between the child and his or
her siblings.

(B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.

(C) If the siblings are not placed together in the same home,
why the siblings are not placed together and what efforts are being
made to place the siblings together, or why those efforts are not
appropriate.

(D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.

(E) The impact of the sibling relationships on the child’s
placement and planning for legal permanence.

The factors the court may consider as indicators of the nature of
the child’s sibling relationships include, but are not limited to,
whether the siblings were raised together in the same home,
whether the siblings have shared significant common experiences
or have existing close and strong bonds, whether either sibling
expresses a desire to visit or live with his or her sibling, as
applicable, and whether ongoing contact is in the child’s best
emotional interests.

(10) For a child who is 16 years of age or older, and, effective
January 1, 2012, for a nonminor dependent, the services needed
to assist the child or nonminor dependent to make the transition
from foster care to independent living.

The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child
have been made.

Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the
child’s permanent plan, the extent of compliance with the case
plan, and the type and adequacy of services provided to the child.

(f) Unless their parental rights have been permanently
terminated, the parent or parents of the child are entitled to receive
notice of, and participate in, those hearings. It shall be presumed
that continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the child.
In those cases, the court may order that further reunification
services to return the child to a safe home environment be provided
to the parent or parents up to a period of six months, and family
maintenance services, as needed for an additional six months in
order to return the child to a safe home environment. On and after
January 1, 2012, this subdivision shall not apply to the parents of
a nonminor dependent.

(g) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered
parental rights terminated and who has been ordered placed for
adoption, or, for an Indian child for whom parental rights are not
being terminated and a tribal customary adoption is being
considered, the county welfare department shall prepare and present
to the court a report describing the following:

(1) The child’s present placement.

(2) The child’s current physical, mental, emotional, and
educational status.

(3) If the child has not been placed with a prospective adoptive
parent or guardian, identification of individuals, other than the
child’s siblings, who are important to the child and actions
necessary to maintain the child’s relationship with those
individuals, provided that those relationships are in the best interest
of the child. The agency shall ask every child who is 10 years of
age or older to identify any individuals who are important to him
or her, consistent with the child’s best interest, and may ask any
child who is younger than 10 years of age to provide that
information as appropriate. The agency shall make efforts to
identify other individuals who are important to the child.

(4) Whether the child has been placed with a prospective
adoptive parent or parents.

(5) Whether an adoptive placement agreement has been signed
and filed.

(6) If the child has not been placed with a prospective adoptive
parent or parents, the efforts made to identify an appropriate
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.

(7) Whether the final adoption order should include provisions
for postadoptive sibling contact pursuant to Section 366.29.

(8) The progress of the search for an adoptive placement if one
has not been identified.

(9) Any impediments to the adoption or the adoptive placement.

(10) The anticipated date by which the child will be adopted or
placed in an adoptive home.

(11) The anticipated date by which an adoptive placement
agreement will be signed.

(12) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.

The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been
made.

The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.

(h) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should
be returned to the home of the parent, placed for adoption, or, for
an Indian child, in consultation with the child’s tribe, placed for
tribal customary adoption, or appointed a legal guardian, or, if
compelling reasons exist for finding that none of the foregoing
options are in the best interest of the child, whether the child should
be placed in another planned permanent living arrangement. The
court shall order that a hearing be held pursuant to Section 366.26,
unless it determines by clear and convincing evidence that there
is a compelling reason for determining that a hearing held pursuant
to Section 366.26 is not in the best interest of the child because
the child is being returned to the home of the parent, the child is
not a proper subject for adoption, or no one is willing to accept
legal guardianship. If the county adoption agency, or the
department when it is acting as an adoption agency, has determined
it is unlikely that the child will be adopted or one of the conditions
described in paragraph (1) of subdivision (c) of Section 366.26
applies, that fact shall constitute a compelling reason for purposes
of this subdivision. Only upon that determination may the court
order that the child remain in long-term foster care, without holding
a hearing pursuant to Section 366.26. On and after January 1, 2012,
the nonminor dependent’s legal status as an adult is in and of itself
a compelling reason not to hold a hearing pursuant to Section
366.26.

(i) If, as authorized by subdivision (h), the court orders a hearing
pursuant to Section 366.26, the court shall direct the agency
supervising the child and the county adoption agency, or the State
Department of Social Services when it is acting as an adoption
agency, to prepare an assessment as provided for in subdivision
(i) of Section 366.21 or subdivision (b) of Section 366.22. A
hearing held pursuant to Section 366.26 shall be held no later than
120 days from the date of the 12-month review at which it is
ordered, and at that hearing the court shall determine whether
adoption, tribal customary adoption, legal guardianship, or
long-term foster care is the most appropriate plan for the child. On
and after January 1, 2012, a hearing pursuant to Section 366.26
shall not be ordered if the child is a nonminor dependent, unless
the nonminor dependent is an Indian child and tribal customary
adoption is recommended as the permanent plan. The court may
order that a nonminor dependent who otherwise is eligible pursuant
to Section 11403 remain in a planned, permanent living
arrangement. At the request of the nonminor dependent who has
an established relationship with an adult determined to be the
nonminor dependent’s permanent connection, the court may order
adoption of the nonminor dependent pursuant to subdivision (f)
of Section 366.31.

(j) The implementation and operation of the amendments to
subdivision (e) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase,
as provided in Section 366.35.

(k) The reviews conducted pursuant to subdivision (a) or (d)
may be conducted earlier than every six months if the court
determines that an earlier review is in the best interests of the child
or as court rules prescribe.

begin delete

SECTION 1.  

Section 391 of the Welfare and Institutions Code
is amended to read:

391.  

(a) The dependency court shall not terminate jurisdiction
over a nonminor unless a hearing is conducted pursuant to this
section.

(b) At a hearing for a nonminor at which the court is considering
termination of the jurisdiction of the juvenile court, the county
welfare department shall do all of the following:

(1) Ensure that the dependent nonminor is present in court,
unless the nonminor does not wish to appear in court, and elects
a telephonic appearance, or document reasonable efforts made by
the county welfare department to locate the nonminor when the
nonminor is not available.

(2) Submit a report describing whether it is in the nonminor’s
best interests to remain under the court’s dependency jurisdiction,
which includes a recommended transitional independent living
case plan for the nonminor when the report describes continuing
dependency jurisdiction as being in the nonminor’s best interest.

(3) If the county welfare department recommends termination
of the court’s dependency jurisdiction, submit documentation of
the reasonable efforts made by the department to provide the
nonminor with the assistance needed to meet or maintain eligibility
as a nonminor dependent, as defined in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 11403.

(4) If the nonminor has indicated that he or she does not want
dependency jurisdiction to continue, the report shall address the
manner in which the nonminor was advised of his or her options,
including the benefits of remaining in foster care, and of his or her
right to reenter foster care and to file a petition pursuant to
subdivision (e) of Section 388 to resume dependency jurisdiction
prior to attaining 21 years of age.

(c) (1) The court shall continue dependency jurisdiction over
a nonminor who meets the definition of a nonminor dependent as
described in subdivision (v) of Section 11400 unless the court finds
either of the following:

(A) That the nonminor does not wish to remain subject to
dependency jurisdiction.

(B) That the nonminor is not participating in a reasonable and
appropriate transitional independent living case plan.

(2) In making the findings pursuant to paragraph (1), the court
shall also find that the nonminor has been informed of his or her
options, including the benefits of remaining in foster care and the
right to reenter foster care by filing a petition pursuant to
subdivision (e) of Section 388 to resume dependency jurisdiction
and by completing a voluntary reentry agreement pursuant to
subdivision (z) of Section 11400, and has had an opportunity to
confer with his or her counsel if counsel has been appointed
pursuant to Section 317.

(d) (1) The court may terminate its jurisdiction over a nonminor
if the court finds after reasonable and documented efforts the
nonminor cannot be located.

(2) When terminating dependency jurisdiction the court shall
maintain general jurisdiction over the nonminor to allow for the
filing of a petition to resume dependency jurisdiction under
subdivision (e) of Section 388 until the nonminor attains 21 years
of age, although no review proceedings shall be required. A
nonminor may petition the court pursuant to subdivision (e) of
Section 388 to resume dependency jurisdiction at any time before
attaining 21 years of age.

(e) The court shall not terminate dependency jurisdiction over
a nonminor who has attained 18 years of age until a hearing is
conducted pursuant to this section and the department has
submitted a report verifying that the following information,
documents, and services have been provided to the nonminor, or
in the case of a nonminor who, after reasonable efforts by the
county welfare department, cannot be located, verifying the efforts
made to make the following available to the nonminor:

(1) Written information concerning the nonminor’s case,
including any known information regarding the nonminor’s Indian
heritage or tribal connections, if applicable, his or her family
history and placement history, any photographs of the nonminor
or his or her family in the possession of the county welfare
department, other than forensic photographs, the whereabouts of
any siblings under the jurisdiction of the juvenile court, unless the
court determines that sibling contact would jeopardize the safety
or welfare of the sibling, directions on how to access the documents
the nonminor is entitled to inspect under Section 827, and the date
on which the jurisdiction of the juvenile court would be terminated.

(2) The following documents:

(A) Social security card.

(B) Certified copy of his or her birth certificate.

(C) Health and education summary, as described in subdivision
(a) of Section 16010.

(D) Driver’s license, as described in Section 12500 of the
Vehicle Code, or identification card, as described in Section 13000
of the Vehicle Code.

(E) A letter prepared by the county welfare department that
includes the following information:

(i) The nonminor’s name and date of birth.

(ii) The dates during which the nonminor was within the
jurisdiction of the juvenile court.

(iii) A statement that the nonminor was a foster youth in
compliance with state and federal financial aid documentation
requirements.

(F) If applicable, the death certificate of the parent or parents.

(G) If applicable, proof of the nonminor’s citizenship or legal
residence.

(H) An advance health care directive form.

(I) The Judicial Council form that the nonminor would use to
file a petition pursuant to subdivision (e) of Section 388 to resume
dependency jurisdiction.

(J) The written 90-day transition plan prepared pursuant to
Section 16501.1.

(3) Assistance in completing an application for Medi-Cal or
assistance in obtaining other health insurance.

(4) Referrals to transitional housing, if available, or assistance
in securing other housing.

(5) Assistance in obtaining employment or other financial
support.

(6) Assistance in applying for admission to college or to a
vocational training program or other educational institution and
in obtaining financial aid, where appropriate.

(7) Assistance in maintaining relationships with individuals
who are important to a nonminor who has been in out-of-home
placement for six months or longer from the date the nonminor
entered foster care, based on the nonminor’s best interests.

(8) For nonminors between 18 and 21 years of age, assistance
in accessing the Independent Living Aftercare Program in the
nonminor’s county of residence, and, upon the nonminor’s request,
assistance in completing a voluntary reentry agreement for care
and placement pursuant to subdivision (z) of Section 11400 and
in filing a petition pursuant to subdivision (e) of Section 388 to
resume dependency jurisdiction.

(9) Written information notifying the child that current or former
dependent children who are or have been in foster care are granted
a preference for student assistant or internship positions with state
agencies pursuant to Section 18220 of the Government Code. The
preference shall be granted to applicants up to 26 years of age.

(f) At the hearing closest to and before a dependent minor’s
18th birthday and every review hearing thereafter for nonminors,
the department shall submit a report describing efforts toward
completing the items described in paragraph (2) of subdivision
(e).

(g) The Judicial Council shall develop and implement standards,
and develop and adopt appropriate forms necessary to implement
this provision.

end delete