Senate Bill No. 1460

Introduced by Committee on Human Services (Senators Beall (Chair), Berryhill, DeSaulnier, Liu, and Wyland)

February 25, 2014

An act to amend Sections 17212 and 17506 of, and to add Section 8707.1 to, the Family Code, to amend Section 1515 of the Health and Safety Code, and to amend Sections 16002, 16010.6, and 16519.5 of the Welfare and Institutions Code, relating to child welfare.

LEGISLATIVE COUNSEL’S DIGEST

SB 1460, as introduced, Committee on Human Services. Child welfare.

(1) Existing law requires the State Department of Social Services to, authorize a county welfare department to undertake comprehensive recruitment programs to ensure an adequate number of foster homes are available. Existing law regulates adoption services by the department, county adoption agencies, licensed adoption agencies, and other adoption service providers, and requires the department to adopt regulations pertaining to those services.

This bill would require that recruitment to include diligent efforts to recruit individuals who reflect the ethnic, racial, and cultural diversity of foster children and adoptive children, but would not affect the application of the federal Indian Child Welfare Act.

(2) Existing law requires a social worker to conduct, within 30 days of a child being removed from the custody of his or her parents or guardians, an investigation in order to identify and locate all grandparents, adult siblings, and other adult relatives of the child.

This bill would authorize county child welfare and probation departments to request and receive from the California Parent Locator Service and Central Registry and the federal Parent Locator Service information to identify and locate those family members.

(3) Existing law requires the local child welfare agency to make a diligent effort in all out-of-home placements of dependent children, including those with relatives, to place siblings together in the same placement, and requires the social worker to explain why the siblings are not placed together and what efforts he or she is making to place the siblings together or why making those efforts would be contrary to the safety and well-being of any of the siblings.

This bill would also require a probation officer to provide that explanation.

(4) Existing law authorizes the State Department of Social Services, in consultation with specified groups, to implement a unified, family friendly, and child-centered resource family approval process relating to foster care and adoption placements.

This bill would make nonsubstantive, conforming changes.

(5) Existing law authorizes state departments to adopt regulations in accordance with the rulemaking provisions of the Administrative Procedure Act.

This bill would authorize the State Department of Social Services, until emergency regulations are filed with the Secretary of State, to implement specified changes proposed by this bill, through all-county letters or similar instructions from the Director of Social Services.

(6) By expanding the duties of local agencies, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

SECTION 1.  

Section 8707.1 is added to the Family Code, to
read:

8707.1.  

(a) The agency responsible for recruitment of potential
adoptive parents shall make diligent efforts to recruit individuals
who reflect the ethnic, racial, and cultural diversity of children for
whom adoptive homes are needed.

(b) This section shall not be construed to affect the application
of the federal Indian Child Welfare Act.

SEC. 2.  

Section 17212 of the Family Code is amended to read:

17212.  

(a) It is the intent of the Legislature to protect
individual rights of privacy, and to facilitate and enhance the
effectiveness of the child and spousal support enforcement
program, by ensuring the confidentiality of support enforcement
and child abduction records, and to thereby encourage the full and
frank disclosure of information relevant to all of the following:

(1) The establishment or maintenance of parent and child
relationships and support obligations.

(2) The enforcement of the child support liability of absent
parents.

(3) The enforcement of spousal support liability of the spouse
or former spouse to the extent required by the state plan under
Section 17604 and Chapter 6 (commencing with Section 4900) of
Part 5 of Division 9.

(4) The location of absent parents.

(5) The location of parents and children abducted, concealed,
or detained by them.

(b) (1) Except as provided in subdivision (c), all files,
applications, papers, documents, and records established or
maintained by any public entity pursuant to the administration and
implementation of the child and spousal support enforcement
program established pursuant to Part D (commencing with Section
651) of Subchapter IV of Chapter 7 of Title 42 of the United States
Code and this division, shall be confidential, and shall not be open
to examination or released for disclosure for any purpose not
directly connected with the administration of the child and spousal
support enforcement program. No public entity shall disclose any
file, application, paper, document, or record, or the information
contained therein, except as expressly authorized by this section.

(2) In no case shall information be released or the whereabouts
of one party or the child disclosed to another party, or to the
attorney of any other party, if a protective order has been issued
by a court or administrative agency with respect to the party, a
good cause claim under Section 11477.04 of the Welfare and
Institutions Code has been approved or is pending, or the public
agency responsible for establishing paternity or enforcing support
has reason to believe that the release of the information may result
in physical or emotional harm to the party or the child. When a
local child support agency is prohibited from releasing information
pursuant to this subdivision, the information shall be omitted from
any pleading or document to be submitted to the court and this
subdivision shall be cited in the pleading or other document as the
authority for the omission. The information shall be released only
upon an order of the court pursuant to paragraph (6) of subdivision
(c).

(3) Notwithstanding any other provision of law, a proof of
service filed by the local child support agency shall not disclose
the address where service of process was accomplished. Instead,
the local child support agency shall keep the address in its own
records. The proof of service shall specify that the address is on
record at the local child support agency and that the address may
be released only upon an order from the court pursuant to paragraph
(6) of subdivision (c). The local child support agency shall, upon
request by a party served, release to that person the address where
service was effected.

(c) Disclosure of the information described in subdivision (b)
is authorized as follows:

(1) All files, applications, papers, documents, and records as
described in subdivision (b) shall be available and may be used
by a public entity for all administrative, civil, or criminal
investigations, actions, proceedings, or prosecutions conducted in
connection with the administration of the child and spousal support
enforcement program approved under Part D (commencing with
Section 651) of Subchapter IV of Chapter 7 of Title 42 of the
United States Code and to the county welfare department
responsible for administering a program operated under a state
plan pursuant to Part A, Subpart 1 or 2 of Part B, or Part E of
Subchapter IV of Chapter 7 of Title 42 of the United States Code.

(2) A document requested by a person who wrote, prepared, or
furnished the document may be examined by or disclosed to that
person or his or her designee.

(3) The payment history of an obligor pursuant to a support
order may be examined by or released to the court, the obligor, or
the person on whose behalf enforcement actions are being taken
or that person’s designee.

(4) Income and expense information of either parent may be
released to the other parent for the purpose of establishing or
modifying a support order.

(5) Public records subject to disclosure under the Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of the Government Code) may be released.

(6) After a noticed motion and a finding by the court, in a case
in which establishment or enforcement actions are being taken,
that release or disclosure to the obligor or obligee is required by
due process of law, the court may order a public entity that
possesses an application, paper, document, or record as described
in subdivision (b) to make that item available to the obligor or
obligee for examination or copying, or to disclose to the obligor
or obligee the contents of that item. Article 9 (commencing with
Section 1040) of Chapter 4 of Division 3 of the Evidence Code
shall not be applicable to proceedings under this part. At any
hearing of a motion filed pursuant to this section, the court shall
inquire of the local child support agency and the parties appearing
at the hearing if there is reason to believe that release of the
requested information may result in physical or emotional harm
to a party. If the court determines that harm may occur, the court
shall issue any protective orders or injunctive orders restricting
the use and disclosure of the information as are necessary to protect
the individuals.

(7) To the extent not prohibited by federal law or regulation,
information indicating the existence or imminent threat of a crime
against a child, or location of a concealed, detained, or abducted
child or the location of the concealing, detaining, or abducting
person, may be disclosed to any district attorney, any appropriate
law enforcement agency, or to any state or county child protective
agency, or may be used in any judicial proceedings to prosecute
that crime or to protect the child.

(8) The social security number, most recent address, and the
place of employment of the absent parent may be released to an
authorized person as defined in Section 653(c) of Title 42 of the
United States Code, only if the authorized person has filed a request
for the information, and only if the information has been provided
to the California Parent Locator Service by the federal Parent
Locator Service pursuant to Section 653 of Title 42 of the United
States Code.

(9) A parent’s begin insert or relative’s end insert name, social security number, most
recent address, telephone number, place of employment, or other
contact information may be released to a county child welfare
agency or county probation department pursuant to subdivision
(c) of Section 17506.

(d) (1) “Administration and implementation of the child and
spousal support enforcement program,” as used in this division,
means the carrying out of the state and local plans for establishing,
modifying, and enforcing child support obligations, enforcing
spousal support orders, and determining paternity pursuant to Part
D (commencing with Section 651) of Subchapter IV of Chapter 7
of Title 42 of the United States Code and this article.

(2) For purposes of this division, “obligor” means any person
owing a duty of support.

(3) As used in this division, “putative parent” shall refer to any
person reasonably believed to be the parent of a child for whom
the local child support agency is attempting to establish paternity
or establish, modify, or enforce support pursuant to Section 17400.

(e) Any person who willfully, knowingly, and intentionally
violates this section is guilty of a misdemeanor.

(f) Nothing in this section shall be construed to compel the
disclosure of information relating to a deserting parent who is a
recipient of aid under a public assistance program for which federal
aid is paid to this state, if that information is required to be kept
confidential by the federal law or regulations relating to the
program.

SEC. 3.  

Section 17506 of the Family Code is amended to read:

17506.  

(a) There is in the department a California Parent
Locator Service and Central Registry that shall collect and
disseminate all of the following, with respect to any parent, putative
parent, spouse, or former spouse:

(1) The full and true name of the parent together with any known
aliases.

(2) Date and place of birth.

(3) Physical description.

(4) Social security number.

(5) Employment history and earnings.

(6) Military status and Veterans Administration or military
service serial number.

(7) Last known address, telephone number, and date thereof.

(8) Driver’s license number, driving record, and vehicle
registration information.

(9) Criminal, licensing, and applicant records and information.

(10) (A) Any additional location, asset, and income information,
including income tax return information obtained pursuant to
Section 19285.1 of the Revenue and Taxation Code, and to the
extent permitted by federal law, the address, telephone number,
and social security number obtained from a public utility, cable
television corporation, a provider of electronic digital pager
communication, or a provider of mobile telephony services that
may be of assistance in locating the parent, putative parent,
abducting, concealing, or detaining parent, spouse, or former
spouse, in establishing a parent and child relationship, in enforcing
the child support liability of the absent parent, or enforcing the
spousal support liability of the spouse or former spouse to the
extent required by the state plan pursuant to Section 17604.

(B) For purposes of this subdivision, “income tax return
information” means all of the following regarding the taxpayer:

(i) Assets.

(ii) Credits.

(iii) Deductions.

(iv) Exemptions.

(v) Identity.

(vi) Liabilities.

(vii) Nature, source, and amount of income.

(viii) Net worth.

(ix) Payments.

(x) Receipts.

(xi) Address.

(xii) Social security number.

(b) Pursuant to a letter of agreement entered into between the
Department of Child Support Services and the Department of
Justice, the Department of Child Support Services shall assume
responsibility for the California Parent Locator Service and Central
Registry. The letter of agreement shall, at a minimum, set forth all
of the following:

(1) Contingent upon funding in the Budget Act, the Department
of Child Support Services shall assume responsibility for leadership
and staff of the California Parent Locator Service and Central
Registry commencing July 1, 2003.

(2) All employees and other personnel who staff or provide
support for the California Parent Locator Service and Central
Registry shall, at the time of the transition, at their option, become
the employees of the Department of Child Support Services at
their existing or equivalent classification, salaries, and benefits.

(3) Until the department’s automation system for the California
Parent Locator Service and Central Registry functions is fully
operational, the department shall use the automation system
operated by the Department of Justice.

(4) Any other provisions necessary to ensure continuity of
function and meet or exceed existing levels of service.

(c) To effectuate the purposes of this section, the California
Child Support Automation System, the California Parent Locator
Service and Central Registry, and the Franchise Tax Board shall
utilize the federal Parent Locator Service to the extent necessary,
and may request and shall receive from all departments, boards,
bureaus, or other agencies of the state, or any of its political
subdivisions, and those entities shall provide, that assistance and
data that will enable the Department of Child Support Services
and other public agencies to carry out their powers and duties to
locate parents, spouses, and former spouses, and to identify their
assets, to establish parent-child relationships, and to enforce
liability for child or spousal support, and for any other obligations
incurred on behalf of children, and shall also provide that
information to any local child support agency in fulfilling the duties
prescribed in Section 270 of the Penal Code, and in Chapter 8
(commencing with Section 3130) of Part 2 of Division 8 of this
code, relating to abducted, concealed, or detained children and to
any county child welfare agency or county probation department
in fulfilling the duties prescribed in Article 5.5 (commencing with
Section 290.1) of Chapter 2 of Part 1 of Division 2 of the Welfare
and Institutions Code, and prescribed in Article 6 (commencing
with Section 300) of Chapter 2 of Part 1 of Division 2 of the
Welfare and Institutions Code to identify, locate, and notify parents
begin insert or relatives end insert of children who are the subject of juvenile court
proceedings, to establish parent and child relationships pursuant
to Section 316.2 of the Welfare and Institutions Code, and to assess
the appropriateness of placement of a child with a noncustodial
parent pursuant to Section 361.2 of the Welfare and Institutions
Code. begin insert Consistent with paragraph (1) of subdivision (e) of Section
309 of, and paragraph (2) of subdivision (d) of Section 628 of, the
Welfare and Institutions Code, in order for county child welfare
and probation departments to carry out their duties to identify and
locate all grandparents, adult siblings, and other adult relatives
of the child as defined in paragraph (2) of subdivision (f) of Section
319 of the Welfare and Institutions Code, including any other adult
relatives suggested by the parents, county personnel are permitted
to request and receive information from the California Parent
Locator Service and Federal Parent Locator Service. end insert County child
welfare agencies and probation departments shall be entitled to
begin delete that end delete begin insert the end insert information begin insert described in this subdivision end insert regardless of
whether an all-county letter or similar instruction is issued pursuant
to subparagraph (C) of paragraph (8) of subdivision (c) of Section
11478.1 of the Welfare and Institutions Code. The California Child
Support Automation System shall be entitled to the same
cooperation and information as the California Parent Locator
Service and Central Registry to the extent allowed by law. The
California Child Support Automation System shall be allowed
access to criminal record information only to the extent that access
is allowed by state and federal law.

(d) (1) To effectuate the purposes of this section, and
notwithstanding any other provision of California law, regulation,
or tariff, and to the extent permitted by federal law, the California
Parent Locator Service and Central Registry and the California
Child Support Automation System may request and shall receive
from public utilities, as defined in Section 216 of the Public
Utilities Code, customer service information, including the full
name, address, telephone number, date of birth, employer name
and address, and social security number of customers of the public
utility, to the extent that this information is stored within the
computer database of the public utility.

(2) To effectuate the purposes of this section, and
notwithstanding any other provision of California law, regulation,
or tariff, and to the extent permitted by federal law, the California
Parent Locator Service and Central Registry and the California
Child Support Automation System may request and shall receive
from cable television corporations, as defined in Section 216.4 of
the Public Utilities Code, the providers of electronic digital pager
communication, as defined in Section 629.51 of the Penal Code,
and the providers of mobile telephony services, as defined in
Section 224.4 of the Public Utilities Code, customer service
information, including the full name, address, telephone number,
date of birth, employer name and address, and social security
number of customers of the cable television corporation, customers
of the providers of electronic digital pager communication, and
customers of the providers of mobile telephony services.

(3) In order to protect the privacy of utility, cable television,
electronic digital pager communication, and mobile telephony
service customers, a request to a public utility, cable television
corporation, provider of electronic digital pager communication,
or provider of mobile telephony services for customer service
information pursuant to this section shall meet the following
requirements:

(A) Be submitted to the public utility, cable television
corporation, provider of electronic digital pager communication,
or provider of mobile telephony services in writing, on a transmittal
document prepared by the California Parent Locator Service and
Central Registry or the California Child Support Automation
System and approved by all of the public utilities, cable television
corporations, providers of electronic digital pager communication,
and providers of mobile telephony services. The transmittal shall
be deemed to be an administrative subpoena for customer service
information.

(B) Have the signature of a representative authorized by the
California Parent Locator Service and Central Registry or the
California Child Support Automation System.

(C) Contain at least three of the following data elements
regarding the person sought:

(i) First and last name, and middle initial, if known.

(ii) Social security number.

(iii) Driver’s license number.

(iv) Birth date.

(v) Last known address.

(vi) Spouse’s name.

(D) The California Parent Locator Service and Central Registry
and the California Child Support Automation System shall ensure
that each public utility, cable television corporation, provider of
electronic digital pager communication services, and provider of
mobile telephony services has at all times a current list of the names
of persons authorized to request customer service information.

(E) The California Child Support Automation System and the
California Parent Locator Service and Central Registry shall ensure
that customer service information supplied by a public utility, cable
television corporation, provider of electronic digital pager
communication, or provider of mobile telephony services is
applicable to the person who is being sought before releasing the
information pursuant to subdivision (d).

(4) During the development of the California Child Support
Automation System, the department shall determine the necessity
of additional locate sources, including those specified in this
section, based upon the cost-effectiveness of those sources.

(5) The public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider may charge a fee to the California Parent Locator Service
and Central Registry or the California Child Support Automation
System for each search performed pursuant to this subdivision to
cover the actual costs to the public utility, cable television
corporation, electronic digital pager communication provider, or
mobile telephony service provider for providing this information.

(6) No public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider or official or employee thereof, shall be subject to criminal
or civil liability for the release of customer service information as
authorized by this subdivision.

(e) Notwithstanding Section 14202 of the Penal Code, any
records established pursuant to this section shall be disseminated
only to the Department of Child Support Services, the California
Child Support Automation System, the California Parent Locator
Service and Central Registry, the parent locator services and central
registries of other states as defined by federal statutes and
regulations, a local child support agency of any county in this state,
and the federal Parent Locator Service. The California Child
Support Automation System shall be allowed access to criminal
offender record information only to the extent that access is allowed
by law.

(f) (1) At no time shall any information received by the
California Parent Locator Service and Central Registry or by the
California Child Support Automation System be disclosed to any
person, agency, or other entity, other than those persons, agencies,
and entities specified pursuant to Section 17505, this section, or
any other provision of law.

(2) This subdivision shall not otherwise affect discovery between
parties in any action to establish, modify, or enforce child, family,
or spousal support, that relates to custody or visitation.

(g) (1) The Department of Justice, in consultation with the
Department of Child Support Services, shall promulgate rules and
regulations to facilitate maximum and efficient use of the California
Parent Locator Service and Central Registry. Upon implementation
of the California Child Support Automation System, the
Department of Child Support Services shall assume all
responsibility for promulgating rules and regulations for use of
the California Parent Locator Service and Central Registry.

(2) The Department of Child Support Services, the Public
Utilities Commission, the cable television corporations, providers
of electronic digital pager communication, and the providers of
mobile telephony services shall develop procedures for obtaining
the information described in subdivision (c) from public utilities,
cable television corporations, providers of electronic digital pager
communication, and providers of mobile telephony services and
for compensating the public utilities, cable television corporations,
providers of electronic digital pager communication, and providers
of mobile telephony services for providing that information.

(h) The California Parent Locator Service and Central Registry
may charge a fee not to exceed eighteen dollars ($18) for any
service it provides pursuant to this section that is not performed
or funded pursuant to Section 651 and following of Title 42 of the
United States Code.

(i) This section shall be construed in a manner consistent with
the other provisions of this article.

SEC. 4.  

Section 1515 of the Health and Safety Code is amended
to read:

1515.  

begin insert (a) end insert begin insert   end insert The department shall authorize county welfare
departments to undertake comprehensive recruitment programs,
including but not limited to media advertising, public awareness
campaigns and public speaking engagements to ensure an adequate
number of foster homes are available to meet the child welfare
placement needs in each county.

begin delete

In

end delete

begin insert (b) end insert begin insert   end insert begin insert In end insert counties in which the county has contracted with the state
to license foster parents, if the county undertakes a recruitment
program, it shall be done by the placement agency. The state shall
not be required to perform any acts in connection with a
recruitment program.

begin insert

(c) The recruitment of potential foster parents shall include
diligent efforts to recruit individuals who reflect the ethnic, racial,
and cultural diversity of foster children.

end insert

SEC. 5.  

Section 16002 of the Welfare and Institutions Code is
amended to read:

16002.  

(a) It is the intent of the Legislature to maintain the
continuity of the family unit, and ensure the preservation and
strengthening of the child’s family ties by ensuring that when
siblings have been removed from their home, either as a group on
one occurrence or individually on separate occurrences, the siblings
will be placed in foster care together, unless it has been determined
that placement together is contrary to the safety or well-being of
any sibling. The Legislature recognizes that in order to ensure the
placement of a sibling group in the same foster care placement,
placement resources need to be expanded.

(b) The responsible local agency shall make a diligent effort in
all out-of-home placements of dependent children, including those
with relatives, to place siblings together in the same placement,
and to develop and maintain sibling relationships. If siblings are
not placed together in the same home, the social worker begin insert or
probation officer end insert shall explain why the siblings are not placed
together and what efforts he or she is making to place the siblings
together or why making those efforts would be contrary to the
safety and well-being of any of the siblings. When placement of
siblings together in the same home is not possible, a diligent effort
shall be made, and a case plan prepared, to provide for ongoing
and frequent interaction among siblings until family reunification
is achieved, or, if parental rights are terminated, as part of
developing the permanent plan for the child. If the court determines
by clear and convincing evidence that sibling interaction is contrary
to the safety and well-being of any of the siblings, the reasons for
the determination shall be noted in the court order, and interaction
shall be suspended.

(c) When there has been a judicial suspension of sibling
interaction, the reasons for the suspension shall be reviewed at
each periodic review hearing pursuant to Section 366. When the
court determines that sibling interaction can be safely resumed,
that determination shall be noted in the court order and the case
plan shall be revised to provide for sibling interaction.

(d) If the case plan for the child has provisions for sibling
interaction, the child, or his or her parent or legal guardian shall
have the right to comment on those provisions. If a person wishes
to assert a sibling relationship with a dependent child, he or she
may file a petition in the juvenile court having jurisdiction over
the dependent child pursuant to subdivision (b) of Section 388.

(e) If parental rights are terminated and the court orders a
dependent child to be placed for adoption, the county adoption
agency or the State Department of Social Services shall take all
of the following steps to facilitate ongoing sibling contact, except
in those cases provided in subdivision (b) where the court
determines by clear and convincing evidence that sibling interaction
is contrary to the safety or well-being of the child:

(1) Include in training provided to prospective adoptive parents
information about the importance of sibling relationships to the
adopted child and counseling on methods for maintaining sibling
relationships.

(2) Provide prospective adoptive parents with information about
siblings of the child, except the address where the siblings of the
children reside. However, this address may be disclosed by court
order for good cause shown.

(3) Encourage prospective adoptive parents to make a plan for
facilitating postadoptive contact between the child who is the
subject of a petition for adoption and any siblings of this child.

(f) Information regarding sibling interaction, contact, or
visitation that has been authorized or ordered by the court shall be
provided to the foster parent, relative caretaker, or legal guardian
of the child as soon as possible after the court order is made, in
order to facilitate the interaction, contact, or visitation.

(g) As used in this section, “sibling” means a child related to
another person by blood, adoption, or affinity through a common
legal or biological parent.

(h) The court documentation on sibling placements required
under this section shall not require the modification of existing
court order forms until the Child Welfare Services Case
Management System is implemented on a statewide basis.

SEC. 6.  

Section 16010.6 of the Welfare and Institutions Code
is amended to read:

16010.6.  

(a) As soon as a placing agency makes a decision
with respect to a placement or a change in placement of a
dependent child, but not later than the close of the following
business day, the placing agency shall notify the child’s attorney
and provide to the child’s attorney information regarding the child’s
address, telephone number, and caregiver.

(b) (1) A placing agency shall not make a placement or a change
in placement of a child 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 placing agency shall carry the burden of proof and begin delete must end delete
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 placing agency
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 section shall not apply to the placement of a dependent
child with a parent.

(c) Absent exigent circumstances, as soon as a placing agency
becomes aware of the need for a change in placement of a
dependent child begin insert or ward end insert that will result in the separation of siblings
currently placed together, the placing agency shall notify the child’s
attorney and the child’s siblings’ attorney of this proposed
separation no less than 10 calendar days prior to the planned change
of placement so that the attorneys may investigate the
circumstances of the proposed separation. If the placing agency
first becomes aware, by written notification from a foster family
agency, group home, or other foster care provider, of the need for
a change in placement for a dependent child begin insert or ward end insert that will result
in the separation of siblings currently placed together, and that the
child or children shall be removed within seven days, then notice
shall be provided to the attorneys by the end of the next business
day after the receipt of notice from the provider. In an emergency,
the placing agency shall provide notice as soon as possible, but no
later than the close of the first business day following the change
of placement. This notification shall be deemed sufficient notice
for the purposes of subdivision (a).

(d) When the required notice is given prior to a change in
placement, the notice shall include information regarding the
child’s address, telephone number, and caregiver or any one or
more of these items of information to the extent that this
information is known at the time that the placing agency provides
notice to the child’s attorney. When the required notice is given
after the change in placement, notice shall include information
regarding the child’s address, telephone number, and caregiver.

(e) The Judicial Council shall adopt a rule of court directing the
attorney for a child for whom a dependency petition has been filed,
upon receipt from the agency responsible for placing the child of
the name, address, and telephone number of the child’s caregiver,
to timely provide the attorney’s contact information to the caregiver
and, if the child is 10 years of age or older, to the child. This rule
does not preclude an attorney from giving contact information to
a child who is younger than 10 years of age.

SEC. 7.  

Section 16519.5 of the Welfare and Institutions Code
is amended to read:

16519.5.  

(a) The State Department of Social Services, in
consultation with county child welfare agencies, foster parent
associations, and other interested community parties, shall
implement a unified, family friendly, and child-centered resource
family approval process to replace the existing multiple processes
for licensing foster family homes, approving relatives and
nonrelative extended family members as foster care providers, and
approving adoptive families.

(b) Up to five counties shall be selected to participate on a
voluntary basis as early implementation counties for the purpose
of participating in the initial development of the approval process.
Early implementation counties shall be selected according to
criteria developed by the department in consultation with the
County Welfare Directors Association. In selecting the five early
implementation counties, the department shall promote diversity
among the participating counties in terms of size and geographic
location.

(c) (1) For the purposes of this section, “resource family” means
an individual or couple that a participating county determines to
have successfully met both the home approval standards and the
permanency assessment criteria adopted pursuant to subdivision
(d) necessary for providing care for a related or unrelated child
who is under the jurisdiction of the juvenile court, or otherwise in
the care of a county child welfare agency or probation department.
A resource family shall demonstrate all of the following:

(A) An understanding of the safety, permanence, and well-being
needs of children who have been victims of child abuse and neglect,
and the capacity and willingness to meet those needs, including
the need for protection, and the willingness to make use of support
resources offered by the agency, or a support structure in place,
or both.

(B) An understanding of children’s needs and development,
effective parenting skills or knowledge about parenting, and the
capacity to act as a reasonable, prudent parent in day-to-day
decisionmaking.

(C) An understanding of his or her role as a resource family and
the capacity to work cooperatively with the agency and other
service providers in implementing the child’s case plan.

(D) The financial ability within the household to ensure the
stability and financial security of the family.

(E) An ability and willingness to maintain the least restrictive
and most familylike environment that serves the needs of the child.

(2) Subsequent to meeting the criteria set forth in this
subdivision and designation as a resource family, a resource family
shall be considered eligible to provide foster care for related and
unrelated children in out-of-home placement, shall be considered
approved for adoption or guardianship, and shall not have to
undergo any additional approval or licensure as long as the family
lives in a county participating in the program.

(3) Resource family assessment and approval means that the
applicant meets the standard for home approval, and has
successfully completed a permanency assessment. This approval
is in lieu of the existing foster care license, relative or nonrelative
extended family member approval, and the adoption home study
approval.

(4) Approval of a resource family does not guarantee an initial
or continued placement of a child with a resource family.

(d) Prior to implementation of this program, the department
shall adopt standards pertaining to home approval and permanency
assessment of a resource family.

(1) Resource family home approval standards shall include, but
not be limited to, all of the following:

(A) (i) Criminal records clearance of all adults residing in the
home, pursuant to Section 8712 of the Family Code, utilizing a
check of the Child Abuse Central Index (CACI), a check of the
Child Welfare Services/Case Management System (CWS/CMS),
begin insert and end insert receipt of a fingerprint-based state begin insert and federal end insert criminal
offender record information search response begin delete , and submission of a
fingerprint-based federal criminal offender record information
search end delete .

(ii) Consideration of any prior allegations of child abuse or
neglect against either the applicant or any other adult residing in
the home. An approval may not be granted to applicants whose
criminal record indicates a conviction for any of the offenses
specified in clause (i) of subparagraph (A) of paragraph (1) of
subdivision (g) of Section 1522 of the Health and Safety Code.

(iii) Exemptions from the criminal records clearance
requirements set forth in this section may be granted by the director
or the early implementation county, if that county has been granted
permission by the director to issue criminal records exemptions
pursuant to Section 361.4, using the exemption criteria currently
used for foster care licensing as specified in subdivision (g) of
Section 1522 of the Health and Safety Code.

(B) Buildings and grounds, outdoor activity space, and storage
requirements set forth in Sections 89387 and 89387.2 of Title 22
of the California Code of Regulations.

(C) In addition to the foregoing requirements, the resource
family home approval standards shall also require the following:

(i) That the applicant demonstrate an understanding about the
rights of children in care and his or her responsibility to safeguard
those rights.

(ii) That the total number of children residing in the home of a
resource family shall be no more than the total number of children
the resource family can properly care for, regardless of status, and
shall not exceed six children, unless exceptional circumstances
that are documented in the foster child’s case file exist to permit
a resource family to care for more children, including, but not
limited to, the need to place siblings together.

(iii) That the applicant understands his or her responsibilities
with respect to acting as a reasonable and prudent parent, and
maintaining the least restrictive and most familylike environment
that serves the needs of the child.

(D) The results of a caregiver risk assessment are consistent
with the factors listed in subparagraphs (A) to (D), inclusive, of
paragraph (1) of subdivision (c). A caregiver risk assessment shall
include, but not be limited to, physical and mental health, alcohol
and other substance use and abuse, and family and domestic
violence.

(2) The resource family permanency assessment standards shall
include, but not be limited to, all of the following:

(A) The applicant shall complete caregiver training.

(B) The applicant shall complete a psychosocial evaluation.

(C) The applicant shall complete any other activities that relate
to a resource family’s ability to achieve permanency with the child.

(e) (1) A child may be placed with a resource family that has
received home approval prior to completion of a permanency
assessment only if a compelling reason for the placement exists
based on the needs of the child.

(2) The permanency assessment shall be completed within 90
days of the child’s placement in the approved home, unless good
cause exists based upon the needs of the child.

(3) If additional time is needed to complete the permanency
assessment, the county shall document the extenuating
circumstances for the delay and generate a timeframe for the
completion of the permanency assessment.

(4) The county shall report to the department on a quarterly
basis the number of families with a child in an approved home
whose permanency assessment goes beyond 90 days and
summarize the reasons for these delays.

(5) A child may be placed with a relative, as defined in Section
319, or nonrelative extended family member, as defined in Section
362.7, prior to home approval and completion of the permanency
assessment only on an emergency basis if all of the following
requirements are met:

(A) Consideration of the results of a criminal records check
conducted pursuant to Section 16504.5 of the relative or nonrelative
extended family member and of every other adult in the home.

(B) Consideration of the results of the Child Abuse Central
Index (CACI) consistent with Section 1522.1 of the Health and
Safety Code of the relative or nonrelative extended family member,
and of every other adult in the home.

(C) The home and grounds are free of conditions that pose undue
risk to the health and safety of the child.

(D) For any placement made pursuant to this paragraph, the
county shall initiate the home approval process no later than five
business days after the placement, which shall include a
face-to-face interview with the resource family applicant and child.

(E) For any placement made pursuant to this paragraph,
AFDC-FC funding shall not be available until the home has been
approved.

(F) Any child placed under this section shall be afforded all the
rights set forth in Section 16001.9.

(f) The State Department of Social Services shall be responsible
for all of the following:

(1) Selecting early implementation counties, based on criteria
established by the department in consultation with the County
Welfare Directors Association.

(2) Establishing timeframes for participating counties to submit
an implementation plan, enter into terms and conditions for
participation in the program, train appropriate staff, and accept
applications from resource families.

(3) Entering into terms and conditions for participation in the
program by counties.

(4) Administering the program through the issuance of written
directives that shall have the same force and effect as regulations.
Any directive affecting Article 1 (commencing with Section 700)
of Chapter 7 of Title 11 of the California Code of Regulations shall
be approved by the Department of Justice. The directives shall be
exempt from the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340))
of Part 1 of Division 3 of Title 2 of the Government Code.

(5) Approving and requiring the use of a single standard for
resource family home approval and permanency assessment.

(6) Adopting and requiring the use of standardized
documentation for the home approval and permanency assessment
of resource families.

(7) Requiring counties to monitor resource families including,
but not limited to, all of the following:

(A) Investigating complaints of resource families.

(B) Developing and monitoring resource family corrective action
plans to correct identified deficiencies and to rescind resource
family approval if compliance with corrective action plans is not
achieved.

(8) Ongoing oversight and monitoring of county systems and
operations including all of the following:

(A) Reviewing the county’s implementation of the program.

(B) Reviewing an adequate number of approved resource
families in each participating county to ensure that approval
standards are being properly applied. The review shall include
case file documentation, and may include onsite inspection of
individual resource families. The review shall occur on an annual
basis, and more frequently if the department becomes aware that
a participating county is experiencing a disproportionate number
of complaints against individual resource family homes.

(C) Reviewing county reports of serious complaints and
incidents involving approved resource families, as determined
necessary by the department. The department may conduct an
independent review of the complaint or incident and change the
findings depending on the results of its investigation.

(D) Investigating unresolved complaints against participating
counties.

(E) Requiring corrective action of counties that are not in full
compliance with the terms and conditions of the program.

(9) Preparing or having prepared, and submitting to the
Legislature, a report on the results of the initial phase of
implementation of the program. The report shall include all of the
following:

(A) An analysis, utilizing available data, of state and federal
data indicators related to the length of time to permanency
including reunification, guardianship and adoption, child safety
factors, and placement stability.

(B) An analysis of resource family recruitment and retention
elements, including resource family satisfaction with approval
processes and changes regarding the population of available
resource families.

(C) An analysis of cost, utilizing available data, including
funding sources.

(D) An analysis of regulatory or statutory barriers to
implementing the program on a statewide basis.

(g) Counties participating in the program shall be responsible
for all of the following:

(1) Submitting an implementation plan, entering into terms and
conditions for participation in the program, consulting with the
county probation department in the development of the
implementation plan, training appropriate staff, and accepting
applications from resource families within the timeframes
established by the department.

(2) Complying with the written directives pursuant to paragraph
(4) of subdivision (f).

(3) Implementing the requirements for resource family home
approval and permanency assessment and utilizing standardized
documentation established by the department.

(4) Ensuring staff have the education and experience necessary
to complete the home approval and permanency assessment
competently.

(5) Approving and denying resource family applications,
including all of the following:

(A) Rescinding home approvals and resource family approvals
where appropriate, consistent with the established standard.

(B) Providing disapproved resource families requesting review
of that decision due process by conducting county grievance
reviews pursuant to the department’s regulations.

(C) Notifying the department of any decisions denying a
resource family’s application or rescinding the approval of a
resource family.

(6) Updating resource family approval annually.

(7) Monitoring resource families through all of the following:

(A) Ensuring that social workers who identify a condition in
the home that may not meet the approval standards set forth in
subdivision (d) while in the course of a routine visit to children
placed with a resource family take appropriate action as needed.

(B) Requiring resource families to comply with corrective action
plans as necessary to correct identified deficiencies. If corrective
action is not completed as specified in the plan, the county may
rescind the resource family approval.

(C) Requiring resource families to report to the county child
welfare agency any incidents consistent with the reporting
requirements for licensed foster family homes.

(8) Investigating all complaints against a resource family and
taking action as necessary. This shall include investigating any
incidents reported about a resource family indicating that the
approval standard is not being maintained.

(A) The child’s social worker shall not conduct the formal
investigation into the complaint received concerning a family
providing services under the standards required by subdivision
(d). To the extent that adequate resources are available, complaints
shall be investigated by a worker who did not initially perform the
home approval or permanency assessment.

(B) Upon conclusion of the complaint investigation, the final
disposition shall be reviewed and approved by a supervising staff
member.

(C) The department shall be notified of any serious incidents
or serious complaints or any incident that falls within the definition
of Section 11165.5 of the Penal Code. If those incidents or
complaints result in an investigation, the department shall also be
notified as to the status and disposition of that investigation.

(9) Performing corrective action as required by the department.

(10) Assessing county performance in related areas of the
California Child and Family Services Review System, and
remedying problems identified.

(11) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph (9) of subdivision (f).

(h) Approved relatives and nonrelated extended family members,
licensed foster family homes, or approved adoptive homes that
have completed the license or approval process prior to full
implementation of the program shall not be considered part of the
program. The otherwise applicable assessment and oversight
processes shall continue to be administered for families and
facilities not included in the program.

(i) The department may waive regulations that pose a barrier to
implementation and operation of this program. The waiver of any
regulations by the department pursuant to this section shall apply
to only those counties participating in the program and only for
the duration of the program.

(j) Resource families approved under initial implementation of
the program, who move within an early implementation county or
who move to another early implementation county, shall retain
their resource family status if the new building and grounds,
outdoor activity areas, and storage areas meet home approval
standards. The State Department of Social Services or early
implementation county may allow a program-affiliated individual
to transfer his or her subsequent arrest notification if the individual
moves from one early implementation county to another early
implementation county, as specified in subdivision (h) of Section
1522 of the Health and Safety Code.

(k) (1) A resource family approved under this program that
moves to a nonparticipating county shall lose its status as a resource
family. The new county of residence shall deem the family
approved for licensing, relative and nonrelated extended family
member approval, guardianship, and adoption purposes, under the
following conditions:

(A) The new building and grounds, outdoor activity areas, and
storage areas meet applicable standards, unless the family is subject
to a corrective action plan.

(B) There has been a criminal records clearance of all adults
residing in the home and exemptions granted, using the exemption
criteria currently used for foster care licensing, as specified in
subdivision (g) of Section 1522 of the Health and Safety Code.

(2) A program-affiliated individual who moves to a
nonparticipating county may not transfer his or her subsequent
arrest notification from a participating county to the
nonparticipating county.

(l) Implementation of the program shall be contingent upon the
continued availability of federal Social Security Act Title IV-E
(42 U.S.C. Sec. 670) funds for costs associated with placement of
children with resource families assessed and approved under the
program.

(m) Notwithstanding Section 11402, a child placed with a
resource family shall be eligible for AFDC-FC payments. A
resource family shall be paid an AFDC-FC rate pursuant to
Sections 11460 and 11461. Sharing ratios for nonfederal
expenditures for all costs associated with activities related to the
approval of relatives and nonrelated extended family members
shall be in accordance with Section 10101.

(n) The Department of Justice shall charge fees sufficient to
cover the cost of initial or subsequent criminal offender record
information and Child Abuse Central Index searches, processing,
or responses, as specified in this section.

(o) Approved resource families under this program shall be
exempt from all of the following:

(1) Licensure requirements set forth under the Community Care
Facilities Act, commencing with Section 1500 of the Health and
Safety Code, and all regulations promulgated thereto.

(2) Relative and nonrelative extended family member approval
requirements set forth under Sections 309, 361.4, and 362.7, and
all regulations promulgated thereto.

(3) Adoptions approval and reporting requirements set forth
under Section 8712 of the Family Code, and all regulations
promulgated thereto.

(p) Early implementation counties shall be authorized to
continue through the end of the 2010-11 fiscal year, or through
the end of the third full fiscal year following the date that counties
commence implementation, whichever of these dates is later, at
which time the program shall be authorized in all counties.

(q) Notwithstanding subdivision (p), this section shall not be
implemented until January 1, 2013.

SEC. 8.  

(a) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act, Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, until emergency regulations are filed with the Secretary of
State, the State Department of Social Services may implement the
changes made to Section 8707.1 of the Family Code, Section 1515
of the Health and Safety Code, and Sections 10850.4, 16002,
16010.6, 16519.5, and 17212 of the Welfare and Institutions Code
by this act through all-county letters or similar instructions from
the director. The department shall adopt emergency regulations,
as necessary to implement those amendments no later than January
1, 2016.

(b) The adoption of regulations pursuant to subdivision (a) shall
be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
The emergency regulations authorized by this section shall be
exempt from review by the Office of Administrative Law. The
emergency regulations authorized by this section shall be submitted
to the Office of Administrative Law for filing with the Secretary
of State and shall remain in effect for no more than 180 days, by
which time the final regulations shall be adopted.

SEC. 9.  

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

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CORRECTIONS:

Text--Pages 1 and 2.

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