Amended in Assembly August 22, 2014

Amended in Assembly August 4, 2014

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 Sections 1505 and 1515 of the Health and Safety Code, to amend Section 11170 of, and to add Section begin delete 11105.07 end delete begin insert 11105.08 end insert to, the Penal Code, and to amend Sections 305.5, 361.2, 361.4, 362.04, 727, begin delete 10618.6, end delete 11402, begin delete 11403.2, end delete 16002, 16010.6, 16501.3, 16507.5, 16519.5, 17710, and 17732.2 of, and to add Sections 381, 827.15, and 10553.12 to, the Welfare and Institutions Code, relating to child welfare.

LEGISLATIVE COUNSEL’S DIGEST

SB 1460, as amended, 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 requires a foster home to be licensed by State Department of Social Services, and authorizes up to five counties, selected by the department, to approve a resource family, as defined, for foster care placement.

This bill would exempt a resource family, as defined, from those licensure requirements, and would allow additional counties to volunteer to be selected by the department to also be authorized to approve a resource family.

(6) Existing law specifies the entities, that may receive criminal history information from the Department of Justice.

This bill would authorize a tribal child welfare agency to receive that information.

(7) Existing law provides for the transfer of custody proceedings including proceedings involving an Indian child from a county juvenile court to the jurisdiction of the child’s tribe.

This bill would require a county juvenile court to transfer the entire child case file, as defined, to the tribe having jurisdiction, and would require both the county juvenile court and the tribe to document the finding of facts supporting jurisdiction over the child.

(8) Existing law allows a court to remove a child from the home of one or both of his or her parents and to be placed under the supervision of a social worker who may place the child in the home of a noncustodial parent, relative, or approved nonrelative extended family.

This bill would additionally allow for the child to be placed in an approved home of a resource family, as defined, and would make conforming changes relating to this provision.

(9) The Federal Indian Child Welfare Act, authorizes a federally recognized tribe to approve a home for the purpose of foster or adoptive placement of an Indian child.

This bill would conform state law to that provision and would specify the duties of a tribal child welfare agency, as defined, in conducting related background checks.

begin delete

(10) Existing law specifies the conditions under which a foster child or former foster child is eligible to receive transitional housing services, including Transitional Housing Program-Plus, as described. Existing law requires the department to establish the reimbursement rates that a county is required to pay a provider of that service.

end delete begin delete

This bill would require those reimbursement rates to be adjusted annually based on the California Necessities Index.

end delete begin delete

(11)

end delete

begin insert (10) end insert  Existing law requires the department to report specified information regarding provision of health care to children in foster care.

This bill would require a county child welfare agency to provide the department with information necessary for the department to meet those reporting responsibilities.

begin delete

(12)

end delete

begin insert (11) end insert  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.

begin insert (12) end insert begin insert   end insert begin insert This bill would incorporate additional changes to Section 17506 of the Family Code proposed by SB 1066, to be operative only if SB 1066 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last. This bill would incorporate additional changes to Section 361.2 of the Welfare and Institutions Code proposed by SB 977 and SB 1099, to be operative only if this bill and either or both of those bills are chaptered and become effective on or before January 1, 2015, and this bill is chaptered last. This bill would incorporate additional changes to Section 727 of the Welfare and Institutions Code proposed by AB 2607, to be operative only if AB 2607 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last. This bill would incorporate additional changes to Section 16002 of the Welfare and Institutions Code proposed by SB 1099, to be operative only if SB 1099 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last. end insert

(13) 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 or relative’s 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
or relatives 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. 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. County child
welfare agencies and probation departments shall be entitled to
the information described in this subdivision 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.

begin insert

begin insert SEC. 3.5. end insert   

end insert

begin insert Section 17506 of the end insert begin insert Family Code end insert begin insert is amended to
read: end insert

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 begin delete 19285.1 end delete begin insert 19548 end insert 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 end insert 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 begin delete provision of California end delete 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 begin delete provision of California end delete 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 begin delete 14202 end delete begin insert 14203 end insert 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 begin delete provision of law end delete begin insert provision end insert .

(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 1505 of the Health and Safety Code is amended
to read:

1505.  

This chapter does not apply to any of the following:

(a) Any health facility, as defined by Section 1250.

(b) Any clinic, as defined by Section 1202.

(c) Any juvenile placement facility approved by the Department
of Corrections and Rehabilitation, Division of Juvenile Justice, or
any juvenile hall operated by a county.

(d) Any place in which a juvenile is judicially placed pursuant
to subdivision (a) of Section 727 of the Welfare and Institutions
Code.

(e) Any child day care facility, as defined in Section 1596.750.

(f) Any facility conducted by and for the adherents of any
well-recognized church or religious denomination for the purpose
of providing facilities for the care or treatment of the sick who
depend upon prayer or spiritual means for healing in the practice
of the religion of the church or denomination.

(g) Any school dormitory or similar facility determined by the
department.

(h) Any house, institution, hotel, homeless shelter, or other
similar place that supplies board and room only, or room only, or
board only, provided that no resident thereof requires any element
of care as determined by the director.

(i) Recovery houses or other similar facilities providing group
living arrangements for persons recovering from alcoholism or
drug addiction where the facility provides no care or supervision.

(j) Any alcoholism or drug abuse recovery or treatment facility
as defined by Section 11834.11.

(k) Any arrangement for the receiving and care of persons by
a relative or any arrangement for the receiving and care of persons
from only one family by a close friend of the parent, guardian, or
conservator, if the arrangement is not for financial profit and occurs
only occasionally and irregularly, as defined by regulations of the
department. For purposes of this chapter, arrangements for the
receiving and care of persons by a relative shall include relatives
of the child for the purpose of keeping sibling groups together.

(l) (1) Any home of a relative caregiver of children who are
placed by a juvenile court, supervised by the county welfare or
probation department, and the placement of whom is approved
according to subdivision (d) of Section 309 of the Welfare and
Institutions Code.

(2) Any home of a nonrelative extended family member, as
described in Section 362.7 of the Welfare and Institutions Code,
providing care to children who are placed by a juvenile court,
supervised by the county welfare or probation department, and the
placement of whom is approved according to subdivision (d) of
Section 309 of the Welfare and Institutions Code.

(3) On and after January 1, 2012, any supervised independent
living placement for nonminor dependents, as defined in
subdivision (w) of Section 11400 of the Welfare and Institutions
Code, who are placed by the juvenile court, supervised by the
county welfare department, probation department, Indian tribe,
consortium of tribes, or tribal organization that entered into an
agreement pursuant to Section 10553.1 of the Welfare and
Institutions Code, and whose placement is approved pursuant to
subdivision (k) of Section 11400 of the Welfare and Institutions
Code.

(4) A Transitional Housing Program-Plus, as defined in
subdivision (s) of Section 11400 of the Welfare and Institutions
Code, that serves only eligible former foster youth over 18 years
of age who have exited from the foster care system on or after their
18th birthday, and that has obtained certification from the
applicable county in accordance with subdivision (c) of Section
16522 of the Welfare and Institutions Code.

(m) Any supported living arrangement for individuals with
developmental disabilities, as defined in Section 4689 of the
Welfare and Institutions Code.

(n) (1) Any family home agency, family home, or family
teaching home as defined in Section 4689.1 of the Welfare and
Institutions Code, that is vendored by the State Department of
Developmental Services and that does any of the following:

(A) As a family home approved by a family home agency,
provides 24-hour care for one or two adults with developmental
disabilities in the residence of the family home provider or
providers and the family home provider or providers’ family, and
the provider is not licensed by the State Department of Social
Services or the State Department of Public Health or certified by
a licensee of the State Department of Social Services or the State
Department of Public Health.

(B) As a family teaching home approved by a family home
agency, provides 24-hour care for a maximum of three adults with
developmental disabilities in independent residences, whether
contiguous or attached, and the provider is not licensed by the
State Department of Social Services or the State Department of
Public Health or certified by a licensee of the State Department of
Social Services or the State Department of Public Health.

(C) As a family home agency, engages in recruiting, approving,
and providing support to family homes.

(2) No part of this subdivision shall be construed as establishing
by implication either a family home agency or family home
licensing category.

(o) Any facility in which only Indian children who are eligible
under the federal Indian Child Welfare Act (Chapter 21
(commencing with Section 1901) of Title 25 of the United States
Code) are placed and that is one of the following:

(1) An extended family member of the Indian child, as defined
in Section 1903 of Title 25 of the United States Code.

(2) A foster home that is licensed, approved, or specified by the
Indian child’s tribe pursuant to Section 1915 of Title 25 of the
United States Code.

(p) (1) (A) Any housing occupied by elderly or disabled
persons, or both, that is initially approved and operated under a
regulatory agreement pursuant to Section 202 of Public Law 86-372
(12 U.S.C. Sec. 1701q), or Section 811 of Public Law 101-625
(42 U.S.C. Sec. 8013), or whose mortgage is insured pursuant to
Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or that
receives mortgage assistance pursuant to Section 221d (3) of Public
Law 87-70 (12 U.S.C. Sec. 1715l), where supportive services are
made available to residents at their option, as long as the project
owner or operator does not contract for or provide the supportive
services.

(B) Any housing that qualifies for a low-income housing credit
pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42)
or that is subject to the requirements for rental dwellings for
low-income families pursuant to Section 8 of Public Law 93-383
(42 U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
persons, or both, where supportive services are made available to
residents at their option, as long as the project owner or operator
does not contract for or provide the supportive services.

(2) The project owner or operator to which paragraph (1) applies
may coordinate, or help residents gain access to, the supportive
services, either directly, or through a service coordinator.

(q) A resource family, as defined in Section 16519.5 of the
Welfare and Institutions Code

(r) Any similar facility determined by the director.

SEC. 5.  

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

1515.  

(a) 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.

(b) In 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.

(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.

begin delete

SEC. 6.  

Section 11105.07 is added to the Penal Code, to read:

11105.07.  

(a) Notwithstanding any other law, a tribal child
welfare agency may request from the Department of Justice state
and federal level summary criminal history information for the
purpose of approving a tribal home for the placement of an Indian
child into foster or adoptive care.

(b) A tribal child welfare agency shall submit to the Department
of Justice fingerprint images and related information required by
the Department of Justice of an individual applying with the tribal
agency as a prospective foster parent, adoptive parent, any adult
who resides or is employed in the home of an applicant, or
employee of the child welfare agency who may have contact with
a child, for the purposes of obtaining information as to the existence
and content of a record of state or federal convictions and state or
federal arrests and also information as to the existence and content
of a record of state or federal arrests for which the Department of
Justice establishes that the person is released on bail or on his or
her own recognizance pending trial or appeal.

(c) Upon receipt of a request for federal summary criminal
history information received pursuant to this section, the
Department of Justice shall forward the request to the Federal
Bureau of Investigation. The Department of Justice shall review
the information returned from the Federal Bureau of Investigation
and compile and disseminate a response to the requesting tribal
child welfare agency.

(d) The Department of Justice shall provide a state and federal
level response to a tribal child welfare agency pursuant to
subdivision (m) of Section 11105 of the Penal Code.

(e) A child welfare agency shall request from the Department
of Justice subsequent notification service pursuant to Section
11105.2 of the Penal Code for persons described in paragraph (b).

(f) The Department of Justice may charge a fee sufficient to
cover the reasonable and appropriate costs of processing the request
pursuant to this section.

(g) As used in this section a “tribal child welfare agency” means
an entity designated by a federally recognized tribe as authorized
to approve a home consistent with the federal Indian Child Welfare
Act (25 U.S.C. 1903 et seq.), for the purpose of placement of an
Indian child into foster or adoptive care, including the authority
to conduct a criminal or child abuse background check of an
individual who is a prospective foster parent or adoptive parent,
an adult who resides or is employed in the home of an applicant
for approval, or an employee of a tribal child welfare agency who
may have contact with a child.

end delete

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 11105.08 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 11105.08. end insert   

(a) Notwithstanding any other law, a tribal child
welfare agency may request from the Department of Justice state
and federal level summary criminal history information for the
purpose of approving a tribal home for the placement of an Indian
child into foster or adoptive care.

(b) A tribal child welfare agency shall submit to the Department
of Justice fingerprint images and related information required by
the Department of Justice of an individual applying with the tribal
agency as a prospective foster parent, adoptive parent, any adult
who resides or is employed in the home of an applicant, or
employee of the child welfare agency who may have contact with
a child, for the purposes of obtaining information as to the
existence and content of a record of state or federal convictions
and state or federal arrests and also information as to the existence
and content of a record of state or federal arrests for which the
Department of Justice establishes that the person is released on
bail or on his or her own recognizance pending trial or appeal.

(c) Upon receipt of a request for federal summary criminal
history information received pursuant to this section, the
Department of Justice shall forward the request to the Federal
Bureau of Investigation. The Department of Justice shall review
the information returned from the Federal Bureau of Investigation
and compile and disseminate a response to the requesting tribal
child welfare agency.

(d) The Department of Justice shall provide a state and federal
level response to a tribal child welfare agency pursuant to
subdivision (m) of Section 11105 of the Penal Code.

(e) A child welfare agency shall request from the Department
of Justice subsequent notification service pursuant to Section
11105.2 of the Penal Code for persons described in paragraph
(b).

(f) The Department of Justice may charge a fee sufficient to
cover the reasonable and appropriate costs of processing the
request pursuant to this section.

(g) As used in this section a “tribal child welfare agency” means
an entity designated by a federally recognized tribe as authorized
to approve a home consistent with the federal Indian Child Welfare
Act (25 U.S.C. 1903 et seq.), for the purpose of placement of an
Indian child into foster or adoptive care, including the authority
to conduct a criminal or child abuse background check of an
individual who is a prospective foster parent or adoptive parent,
an adult who resides or is employed in the home of an applicant
for approval, or an employee of a tribal child welfare agency who
may have contact with a child.

end insert

SEC. 7.  

Section 11170 of the Penal Code is amended to read:

11170.  

(a) (1) The Department of Justice shall maintain an
index of all reports of child abuse and severe neglect submitted
pursuant to Section 11169. The index shall be continually updated
by the department and shall not contain any reports that are
determined to be not substantiated. The department may adopt
rules governing recordkeeping and reporting pursuant to this article.

(2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index (CACI) pursuant to paragraph (1). The
submitting agencies are responsible for the accuracy, completeness,
and retention of the reports described in this section. The
department shall be responsible for ensuring that the CACI
accurately reflects the report it receives from the submitting agency.

(3) Only information from reports that are reported as
substantiated shall be filed pursuant to paragraph (1), and all other
determinations shall be removed from the central list. If a person
listed in the CACI was under 18 years of age at the time of the
report, the information shall be deleted from the CACI 10 years
from the date of the incident resulting in the CACI listing, if no
subsequent report concerning the same person is received during
that time period.

(b) The provisions of subdivision (c) of Section 11169 apply to
any information provided pursuant to this subdivision.

(1) The Department of Justice shall immediately notify an
agency that submits a report pursuant to Section 11169, or a
prosecutor who requests notification, of any information maintained
pursuant to subdivision (a) that is relevant to the known or
suspected instance of child abuse or severe neglect reported by the
agency. The agency shall make that information available to the
reporting health care practitioner who is treating a person reported
as a possible victim of known or suspected child abuse. The agency
shall make that information available to the reporting child
custodian, Child Abuse Prevention and Treatment Act guardian
ad litem appointed under Rule 5.662 of the California Rules of
Court, or counsel appointed under Section 317 or 318 of the
Welfare and Institutions Code, or the appropriate licensing agency,
if he or she or the licensing agency is handling or investigating a
case of known or suspected child abuse or severe neglect.

(2) When a report is made pursuant to subdivision (a) of Section
11166, or Section 11166.05, the investigating agency, upon
completion of the investigation or after there has been a final
disposition in the matter, shall inform the person required or
authorized to report of the results of the investigation and of any
action the agency is taking with regard to the child or family.

(3) The Department of Justice shall make relevant information
from the CACI available to a law enforcement agency, county
welfare department, or county probation department that is
conducting a child abuse investigation.

(4) The department shall make available to the State Department
of Social Services, or to any county licensing agency that has
contracted with the state for the performance of licensing duties,
or to a tribal court or tribal child welfare agency of a tribe,
consortium of tribes, or tribal organization that has entered into
an agreement with the state pursuant to Section 10553.1 of the
Welfare and Institutions Code, information regarding a known or
suspected child abuser maintained pursuant to this section and
subdivision (a) of Section 11169 concerning any person who is an
applicant for licensure or approval, or any adult who resides or is
employed in the home of an applicant for licensure or approval,
or who is an applicant for employment in a position having
supervisorial or disciplinary power over a child or children, or who
will provide 24-hour care for a child or children in a residential
home or facility, pursuant to Section 1522.1 or 1596.877 of the
Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of
the Family Code, or Section 11403.2 of the Welfare and Institutions
Code.

(5) The Department of Justice shall make available to a Court
Appointed Special Advocate program that is conducting a
background investigation of an applicant seeking employment
with the program or a volunteer position as a Court Appointed
Special Advocate, as defined in Section 101 of the Welfare and
Institutions Code, information contained in the index regarding
known or suspected child abuse by the applicant.

(6) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson’s
designee, for each county child death review team, or the State
Child Death Review Council, information for investigative
purposes only that is maintained in the CACI pursuant to
subdivision (a) relating to the death of one or more children and
any prior child abuse or neglect investigation reports maintained
involving the same victims, siblings, or suspects. Local child death
review teams may share any relevant information regarding case
reviews involving child death with other child death review teams.

(7) The department shall make available to investigative
agencies or probation officers, or court investigators acting
pursuant to Section 1513 of the Probate Code, responsible for
placing children or assessing the possible placement of children
pursuant to Article 6 (commencing with Section 300), Article 7
(commencing with Section 305), Article 10 (commencing with
Section 360), or Article 14 (commencing with Section 601) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, or Article 2 (commencing with Section 1510) or Article 3
(commencing with Section 1540) of Chapter 1 of Part 2 of Division
4 of the Probate Code, information regarding a known or suspected
child abuser contained in the index concerning any adult residing
in the home where the child may be placed, when this information
is requested for purposes of ensuring that the placement is in the
best interest of the child. Upon receipt of relevant information
concerning child abuse or neglect investigation reports contained
in the CACI from the Department of Justice pursuant to this
subdivision, the agency or court investigator shall notify, in writing,
the person listed in the CACI that he or she is in the index. The
notification shall include the name of the reporting agency and the
date of the report.

(8) Pursuant to Section 10553.12 of the Welfare and Institutions
Code, the department shall make available to a tribal child welfare
agency information regarding a known or suspected child abuser
maintained pursuant to this section or subdivision (a) of Section
11169 who is being considered as a prospective foster parent or
adoptive parent, an adult who resides or is employed in the home
of an applicant for approval, or an employee of the tribal child
welfare agency who may have contact with children.

(9) The Department of Justice shall make available to a
government agency conducting a background investigation
pursuant to Section 1031 of the Government Code of an applicant
seeking employment as a peace officer, as defined in Section 830,
information regarding a known or suspected child abuser
maintained pursuant to this section concerning the applicant.

(10) The Department of Justice shall make available to a county
child welfare agency or delegated county adoption agency, as
defined in Section 8515 of the Family Code, conducting a
background investigation, or a government agency conducting a
background investigation on behalf of one of those agencies,
information regarding a known or suspected child abuser
maintained pursuant to this section and subdivision (a) of Section
11169 concerning any applicant seeking employment or volunteer
status with the agency who, in the course of his or her employment
or volunteer work, will have direct contact with children who are
alleged to have been, are at risk of, or have suffered, abuse or
neglect.

(11) (A) Persons or agencies, as specified in subdivision (b),
if investigating a case of known or suspected child abuse or neglect,
or the State Department of Social Services or any county licensing
agency pursuant to paragraph (4), or a Court Appointed Special
Advocate (CASA) program conducting a background investigation
for employment or volunteer candidates pursuant to paragraph (5),
or an investigative agency, probation officer, or court investigator
responsible for placing children or assessing the possible placement
of children pursuant to paragraph (7), or a government agency
conducting a background investigation of an applicant seeking
employment as a peace officer pursuant to paragraph (9), or a
county child welfare agency or delegated county adoption agency
conducting a background investigation of an applicant seeking
employment or volunteer status who, in the course of his or her
employment or volunteer work, will have direct contact with
children who are alleged to have been, are at risk of, or have
suffered, abuse or neglect, pursuant to paragraph (10), to whom
disclosure of any information maintained pursuant to subdivision
(a) is authorized, are responsible for obtaining the original
investigative report from the reporting agency, and for drawing
independent conclusions regarding the quality of the evidence
disclosed, and its sufficiency for making decisions regarding
investigation, prosecution, licensing, placement of a child,
employment or volunteer positions with a CASA program, or
employment as a peace officer.

(B) If CACI information is requested by an agency for the
temporary placement of a child in an emergency situation pursuant
to Article 7 (commencing with Section 305) of Chapter 2 of Part
1 of Division 2 of the Welfare and Institutions Code, the
department is exempt from the requirements of Section 1798.18
of the Civil Code if compliance would cause a delay in providing
an expedited response to the agency’s inquiry and if further delay
in placement may be detrimental to the child.

(12) (A) Whenever information contained in the Department
of Justice files is furnished as the result of an application for
employment or licensing or volunteer status pursuant to paragraph
(4), (5), (8), (9), or (10), the Department of Justice may charge the
person or entity making the request a fee. The fee shall not exceed
the reasonable costs to the department of providing the information.
The only increase shall be at a rate not to exceed the legislatively
approved cost-of-living adjustment for the department. In no case
shall the fee exceed fifteen dollars ($15).

(B) All moneys received by the department pursuant to this
section to process trustline applications for purposes of Chapter
3.35 (commencing with Section 1596.60) of Division 2 of the
Health and Safety Code shall be deposited in a special account in
the General Fund that is hereby established and named the
Department of Justice Child Abuse Fund. Moneys in the fund shall
be available, upon appropriation by the Legislature, for expenditure
by the department to offset the costs incurred to process trustline
automated child abuse or neglect system checks pursuant to this
section.

(C) All moneys, other than those described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice Sexual Habitual
Offender Fund. The funds shall be available, upon appropriation
by the Legislature, for expenditure by the department to offset the
costs incurred pursuant to Chapter 9.5 (commencing with Section
13885) and Chapter 10 (commencing with Section 13890) of Title
6 of Part 4, and the DNA and Forensic Identification Data Base
and Data Bank Act of 1998 (Chapter 6 (commencing with Section
295) of Title 9 of Part 1), and for maintenance and improvements
to the statewide Sexual Habitual Offender Program and the
California DNA offender identification file (CAL-DNA) authorized
by Chapter 9.5 (commencing with Section 13885) of Title 6 of
Part 4 and the DNA and Forensic Identification Data Base and
Data Bank Act of 1998 (Chapter 6 (commencing with Section 295)
of Title 9 of Part 1).

(c) (1) The Department of Justice shall make available to any
agency responsible for placing children pursuant to Article 7
(commencing with Section 305) of Chapter 2 of Part 1 of Division
2 of the Welfare and Institutions Code, upon request, relevant
information concerning child abuse or neglect reports contained
in the index, when making a placement with a responsible relative
pursuant to Sections 281.5, 305, and 361.3 of the Welfare and
Institutions Code. Upon receipt of relevant information concerning
child abuse or neglect reports contained in the index from the
Department of Justice pursuant to this subdivision, the agency
shall also notify in writing the person listed in the CACI that he
or she is in the index. The notification shall include the location
of the original investigative report and the submitting agency. The
notification shall be submitted to the person listed at the same time
that all other parties are notified of the information, and no later
than the actual judicial proceeding that determines placement.

(2) If information is requested by an agency for the placement
of a child with a responsible relative in an emergency situation
pursuant to Article 7 (commencing with Section 305) of Chapter
2 of Part 1 of Division 2 of the Welfare and Institutions Code, the
department is exempt from the requirements of Section 1798.18
of the Civil Code if compliance would cause a delay in providing
an expedited response to the child protective agency’s inquiry and
if further delay in placement may be detrimental to the child.

(d) The department shall make available any information
maintained pursuant to subdivision (a) to out-of-state law
enforcement agencies conducting investigations of known or
suspected child abuse or neglect only when an agency makes the
request for information in writing and on official letterhead, or as
designated by the department, identifying the suspected abuser or
victim by name and date of birth or approximate age. The request
shall be signed by the department supervisor of the requesting law
enforcement agency. The written requests shall cite the out-of-state
statute or interstate compact provision that requires that the
information contained within these reports shall be disclosed only
to law enforcement, prosecutorial entities, or multidisciplinary
investigative teams, and shall cite the safeguards in place to prevent
unlawful disclosure of any confidential information provided by
the requesting state or the applicable interstate compact provision.

(e) (1) The department shall make available to an out-of-state
agency, for purposes of approving a prospective foster or adoptive
parent in compliance with the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248), information regarding
a known or suspected child abuser maintained pursuant to
subdivision (a) concerning the prospective foster or adoptive
parent, and any other adult living in the home of the prospective
foster or adoptive parent. The department shall make that
information available only when the out-of-state agency makes
the request indicating that continual compliance will be maintained
with the requirement in paragraph (20) of subsection (a) of Section
671 of Title 42 of the United States Code that requires the state to
have in place safeguards to prevent the unauthorized disclosure of
information in any child abuse and neglect registry maintained by
the state and prevent the information from being used for a purpose
other than the conducting of background checks in foster or
adoption placement cases.

(2) With respect to any information provided by the department
in response to the out-of-state agency’s request, the out-of-state
agency is responsible for obtaining the original investigative report
from the reporting agency, and for drawing independent
conclusions regarding the quality of the evidence disclosed and
its sufficiency for making decisions regarding the approval of
prospective foster or adoptive parents.

(3) (A) Whenever information contained in the index is
furnished pursuant to this subdivision, the department shall charge
the out-of-state agency making the request a fee. The fee shall not
exceed the reasonable costs to the department of providing the
information. The only increase shall be at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.
In no case shall the fee exceed fifteen dollars ($15).

(B) All moneys received by the department pursuant to this
subdivision shall be deposited in the Department of Justice Child
Abuse Fund, established under subparagraph (B) of paragraph (12)
of subdivision (b). Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process requests for information
pursuant to this subdivision.

(f) (1) Any person may determine if he or she is listed in the
CACI by making a request in writing to the Department of Justice.
The request shall be notarized and include the person’s name,
address, date of birth, and either a social security number or a
California identification number. Upon receipt of a notarized
request, the Department of Justice shall make available to the
requesting person information identifying the date of the report
and the submitting agency. The requesting person is responsible
for obtaining the investigative report from the submitting agency
pursuant to paragraph (11) of subdivision (b) of Section 11167.5.

(2) No person or agency shall require or request another person
to furnish a copy of a record concerning himself or herself, or
notification that a record concerning himself or herself exists or
does not exist, pursuant to paragraph (1).

(g) If a person is listed in the CACI only as a victim of child
abuse or neglect, and that person is 18 years of age or older, that
person may have his or her name removed from the index by
making a written request to the Department of Justice. The request
shall be notarized and include the person’s name, address, social
security number, and date of birth.

SEC. 8.  

Section 305.5 of the Welfare and Institutions Code is
amended to read:

305.5.  

(a) If an Indian child, who is a ward of a tribal court or
resides or is domiciled within a reservation of an Indian tribe that
has exclusive jurisdiction over child custody proceedings as
recognized in Section 1911 of Title 25 of the United States Code
or reassumed exclusive jurisdiction over Indian child custody
proceedings pursuant to Section 1918 of Title 25 of the United
States Code, has been removed by a state or local authority from
the custody of his or her parents or Indian custodian, the state or
local authority shall provide notice of the removal to the tribe no
later than the next working day following the removal and shall
provide all relevant documentation to the tribe regarding the
removal and the child’s identity. If the tribe determines that the
child is an Indian child, the state or local authority shall transfer
the child custody proceeding to the tribe within 24 hours after
receipt of written notice from the tribe of that determination.

(b) In the case of an Indian child who is not domiciled or
residing within a reservation of an Indian tribe or who resides or
is domiciled within a reservation of an Indian tribe that does not
have exclusive jurisdiction over child custody proceedings pursuant
to Section 1911 or 1918 of Title 25 of the United States Code, the
court shall transfer the proceeding to the jurisdiction of the child’s
tribe upon petition of either parent, the Indian custodian, if any,
or the child’s tribe, unless the court finds good cause not to transfer.
The court shall dismiss the proceeding or terminate jurisdiction
only after receiving proof that the tribal court has accepted the
transfer of jurisdiction. At the time that the court dismisses the
proceeding or terminates jurisdiction, the court shall also make an
order transferring the physical custody of the child to the tribal
court.

(c) (1) If a petition to transfer proceedings as described in
subdivision (b) is filed, the court shall find good cause to deny the
petition if one or more of the following circumstances are shown
to exist:

(A) One or both of the child’s parents object to the transfer.

(B) The child’s tribe does not have a “tribal court” as defined
in Section 1910 of Title 25 of the United States Code.

(C) The tribal court of the child’s tribe declines the transfer.

(2) Good cause not to transfer the proceeding may exist if:

(A) The evidence necessary to decide the case cannot be
presented in the tribal court without undue hardship to the parties
or the witnesses, and the tribal court is unable to mitigate the
hardship by making arrangements to receive and consider the
evidence or testimony by use of remote communication, by hearing
the evidence or testimony at a location convenient to the parties
or witnesses, or by use of other means permitted in the tribal court’s
rules of evidence or discovery.

(B) The proceeding was at an advanced stage when the petition
to transfer was received and the petitioner did not file the petition
within a reasonable time after receiving notice of the proceeding,
provided the notice complied with Section 224.2. It shall not, in
and of itself, be considered an unreasonable delay for a party to
wait until reunification efforts have failed and reunification services
have been terminated before filing a petition to transfer.

(C) The Indian child is over 12 years of age and objects to the
transfer.

(D) The parents of the child over five years of age are not
available and the child has had little or no contact with the child’s
tribe or members of the child’s tribe.

(3) Socioeconomic conditions and the perceived adequacy of
tribal social services or judicial systems may not be considered in
a determination that good cause exists.

(4) The burden of establishing good cause to the contrary shall
be on the party opposing the transfer. If the court believes, or any
party asserts, that good cause to the contrary exists, the reasons
for that belief or assertion shall be stated in writing and made
available to all parties who are petitioning for the transfer, and the
petitioner shall have the opportunity to provide information or
evidence in rebuttal of the belief or assertion.

(5) Nothing in this section or Section 1911 or 1918 of Title 25
of the United States Code shall be construed as requiring a tribe
to petition the Secretary of the Interior to reassume exclusive
jurisdiction pursuant to Section 1918 of Title 25 of the United
States Code prior to exercising jurisdiction over a proceeding
transferred under subdivision (b).

(d) An Indian child’s domicile or place of residence is
determined by that of the parent, guardian, or Indian custodian
with whom the child maintained his or her primary place of abode
at the time the Indian child custody proceedings were initiated.

(e) If any petitioner in an Indian child custody proceeding has
improperly removed the child from the custody of the parent or
Indian custodian or has improperly retained custody after a visit
or other temporary relinquishment of custody, the court shall
decline jurisdiction over the petition and shall immediately return
the child to his or her parent or Indian custodian, unless returning
the child to the parent or Indian custodian would subject the child
to a substantial and immediate danger or threat of danger.

(f) Nothing in this section shall be construed to prevent the
emergency removal of an Indian child who is a ward of a tribal
court or resides or is domiciled within a reservation of an Indian
tribe, but is temporarily located off the reservation, from a parent
or Indian custodian or the emergency placement of the child in a
foster home or institution in order to prevent imminent physical
damage or harm to the child. The state or local authority shall
ensure that the emergency removal or placement terminates
immediately when the removal or placement is no longer necessary
to prevent imminent physical damage or harm to the child and
shall expeditiously initiate an Indian child custody proceeding,
transfer the child to the jurisdiction of the Indian child’s tribe, or
restore the child to the parent or Indian custodian, as may be
appropriate.

(g) When an Indian child is transferred from a county juvenile
court to an Indian tribe pursuant to subdivision (a), (b), or (f), the
county shall, pursuant to Section 827.15, release the child case file
to the tribe having jurisdiction.

SEC. 9.  

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

361.2.  

(a) When a court orders removal of a child pursuant to
Section 361, the court shall first determine whether there is a parent
of the child, with whom the child was not residing at the time that
the events or conditions arose that brought the child within the
provisions of Section 300, who desires to assume custody of the
child. If that parent requests custody, the court shall place the child
with the parent unless it finds that placement with that parent would
be detrimental to the safety, protection, or physical or emotional
well-being of the child.

(b) If the court places the child with that parent it may do any
of the following:

(1) Order that the parent become legal and physical custodian
of the child. The court may also provide reasonable visitation by
the noncustodial parent. The court shall then terminate its
jurisdiction over the child. The custody order shall continue unless
modified by a subsequent order of the superior court. The order
of the juvenile court shall be filed in any domestic relation
proceeding between the parents.

(2) Order that the parent assume custody subject to the
jurisdiction of the juvenile court and require that a home visit be
conducted within three months. In determining whether to take
the action described in this paragraph, the court shall consider any
concerns that have been raised by the child’s current caregiver
regarding the parent. After the social worker conducts the home
visit and files his or her report with the court, the court may then
take the action described in paragraph (1), (3), or this paragraph.
However, nothing in this paragraph shall be interpreted to imply
that the court is required to take the action described in this
paragraph as a prerequisite to the court taking the action described
in either paragraph (1) or (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) The approved home of a resource family as defined in
Section 16519.5.

(5) 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.

(6) 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.

(7) 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.

(8) A home or facility in accordance with the federal Indian
Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

(9) A child under begin delete the age of end delete six years begin insert of age end insert 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 begin delete short-term, end delete begin insert short term, end insert 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
begin delete 11467.1, end delete begin insert 11467.1 of this code, end insert 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.

(10) (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 begin delete short-term, end delete begin insert short term, end insert 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 begin delete short-term, end delete begin insert short term, end insert 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
begin delete subparagraph end delete begin insert subparagraphs end insert (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.

(11) 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)  An agency shall ensure placement of a 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
begin delete age-appropriate end delete begin insert age appropriate end insert 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. 9.2. 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.

(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.

begin insert

(4) The approved home of a resource family as defined in
Section 16519.5.

end insert begin delete

(4)

end delete

begin insert (5) end insert  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.

begin delete

(5)

end delete

begin insert (6) end insert  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.

begin delete

(6)

end delete

begin insert (7) end insert  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.

begin delete

(7)

end delete

begin insert (8) end insert  A home or facility in accordance with the federal Indian
Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

begin delete

(8)

end delete

begin insert (9) end insert  A child under begin delete the age of end delete six years begin insert of age end insert 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 begin delete short-term, end delete begin insert short term, end insert 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
begin delete 11467.1, end delete begin insert 11467.1 of this code, end insert 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.

begin delete

(9)

end delete

begin insert (10) end insert  (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 begin delete short-term, end delete begin insert short term, end insert 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 begin delete short-term, end delete begin insert short term, end insert 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
begin delete subparagraph end delete begin insert subparagraphs end insert (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.

begin delete

(10)

end delete

begin insert (11) end insert  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, begin delete the end delete begin insert or any nondependent siblings in the physical
custody of a parent subject to the court’s jurisdiction, the end insert 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)  begin delete 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 end delete begin insert An end insert agency shall ensure
placement of begin delete the end delete begin insert a end insert 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
begin delete age-appropriate end delete begin insert age appropriate end insert 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. 9.3. 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 end insert 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.

begin insert

(4) The approved home of a resource family as defined in
Section 16519.5.

end insert begin delete

(4)

end delete

begin insert (5) end insert  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.

begin delete

(5)

end delete

begin insert ( end insert begin insert 6) end insert  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.

begin delete

(6)

end delete

begin insert ( end insert begin insert 7) end insert  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.

begin delete

(7)

end delete

begin insert (8) end insert  A home or facility in accordance with the federal Indian
Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

begin delete

(8)

end delete

begin insert (9) end insert  A child under begin delete the age of end delete six years begin insert of age end insert 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 begin delete short-term, end delete begin insert short term, end insert 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
begin delete 11467.1, end delete begin insert 11467.1 of this code, end insert 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.

begin delete

(9)

end delete

begin insert (10) end insert  (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 begin delete short-term, end delete begin insert short term, end insert 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 begin delete short-term, end delete begin insert short term, end insert 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
begin delete subparagraph end delete begin insert subparagraphs end insert (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.

begin delete

(10)

end delete

begin insert (1 end insert begin insert 1) end insert  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, begin delete the end delete begin insert or any nondependent siblings in the custody of a
parent subject to the court’s jurisdiction, end insert 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)  begin delete 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 end delete begin insert An end insert agency shall ensure
placement of begin delete the end delete begin insert a end insert 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
begin delete age-appropriate end delete begin insert age appropriate end insert 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. 9.5. 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 end insert 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.

begin insert

(4) The approved home of a resource family as defined in
Section 16519.5.

end insert begin delete

(4)

end delete

begin insert (5) end insert  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.

begin delete

(5)

end delete

begin insert ( end insert begin insert 6) end insert  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.

begin delete

(6)

end delete

begin insert ( end insert begin insert 7) end insert  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.

begin delete

(7)

end delete

begin insert (8) end insert  A home or facility in accordance with the federal Indian
Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

begin delete

(8)

end delete

begin insert (9) end insert  A child under begin delete the age of end delete six years begin insert of age end insert 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 begin delete short-term, end delete begin insert short term, end insert 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
begin delete 11467.1, end delete begin insert 11467.1 of this code, end insert 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.

begin delete

(9)

end delete

begin insert (10) end insert  (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 begin delete short-term, end delete begin insert short term, end insert 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 begin delete short-term, end delete begin insert short term, end insert 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
begin delete subparagraph end delete begin insert subparagraphs end insert (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.

begin delete

(10)

end delete

begin insert (1 end insert begin insert 1) end insert  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, begin delete the end delete begin insert or any nondependent siblings in the custody of a
parent subject to the court’s jurisdiction, end insert 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)  begin delete 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 end delete begin insert An end insert agency shall ensure
placement of begin delete the end delete begin insert a end insert 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
begin delete age-appropriate end delete begin insert age appropriate end insert to meet the needs of the child.
Nothing in this section shall be construed to permit a child’s
caregiver to permit the child to engage in day-to-day activities that
carry an unreasonable risk of harm, or subject the child to abuse
or neglect.

SEC. 10.  

Section 361.4 of the Welfare and Institutions Code
is amended to read:

361.4.  

(a) Prior to placing a child in the home of a relative, or
the home of any prospective guardian or other person who is not
a licensed or certified foster parent, the county social worker shall
visit the home to ascertain the appropriateness of the placement.

(b) (1) Whenever a child may be placed in the home of a
relative, or the home of any prospective guardian or other person
who is not a licensed or certified foster parent, the court or county
social worker placing the child shall cause a state-level criminal
records check to be conducted by an appropriate government
agency through the California Law Enforcement
Telecommunications System (CLETS) pursuant to Section 16504.5.
The criminal records check shall be conducted with regard to all
persons over 18 years of age living in the home, and on any other
person over 18 years of age, other than professionals providing
professional services to the child, known to the placing entity who
may have significant contact with the child, including any person
who has a familial or intimate relationship with any person living
in the home. A criminal records check may be conducted pursuant
to this section on any person over 14 years of age living in the
home who the county social worker believes may have a criminal
record. Within 10 calendar days following the criminal records
check conducted through the California Law Enforcement
Telecommunications System, the social worker shall ensure that
a fingerprint clearance check of the relative and any other person
whose criminal record was obtained pursuant to this subdivision
is initiated through the Department of Justice to ensure the accuracy
of the criminal records check conducted through the California
Law Enforcement Telecommunications System and shall review
the results of any criminal records check to assess the safety of the
home. The Department of Justice shall forward fingerprint requests
for federal-level criminal history information to the Federal Bureau
of Investigation pursuant to this section.

(2) An identification card from a foreign consulate or foreign
passport shall be considered a valid form of identification for
conducting a criminal records check and fingerprint clearance
check under this subdivision and under subdivision (c).

(c) Whenever a child may be placed in the home of a relative,
or a prospective guardian or other person who is not a licensed or
certified foster parent, the county social worker shall cause a check
of the Child Abuse Central Index pursuant to subdivision (a) of
Section 11170 of the Penal Code to be requested from the
Department of Justice. The Child Abuse Central Index check shall
be conducted on all persons over 18 years of age living in the
home. For any application received on or after January 1, 2008, if
any person in the household is 18 years of age or older and has
lived in another state in the preceding five years, the county social
worker shall check the other state’s child abuse and neglect registry
to the extent required by federal law.

(d) (1) If the results of the California and federal criminal
records check indicates that the person has no criminal record, the
county social worker and court may consider the home of the
relative, prospective guardian, or other person who is not a licensed
or certified foster parent for placement of a child.

(2) If the criminal records check indicates that the person has
been convicted of a crime that the Director of Social Services
cannot grant an exemption for under Section 1522 of the Health
and Safety Code, the child shall not be placed in the home. If the
criminal records check indicates that the person has been convicted
of a crime that the Director of Social Services may grant an
exemption for under Section 1522 of the Health and Safety Code,
the child shall not be placed in the home unless a criminal records
exemption has been granted by the county, based on substantial
and convincing evidence to support a reasonable belief that the
person with the criminal conviction is of such good character as
to justify the placement and not present a risk of harm to the child
pursuant to paragraph (3).

(3) (A) A county may issue a criminal records exemption only
if that county has been granted permission by the Director of Social
Services to issue criminal records exemptions. The county may
file a request with the Director of Social Services seeking
permission for the county to establish a procedure to evaluate and
grant appropriate individual criminal records exemptions for
persons described in subdivision (b). The director shall grant or
deny the county’s request within 14 days of receipt. The county
shall evaluate individual criminal records in accordance with the
standards and limitations set forth in paragraph (1) of subdivision
(g) of Section 1522 of the Health and Safety Code, and in no event
shall the county place a child in the home of a person who is
ineligible for an exemption under that provision.

(B) The department shall monitor county implementation of the
authority to grant an exemption under this paragraph to ensure that
the county evaluates individual criminal records and allows or
disallows placements according to the standards set forth in
paragraph (1) of subdivision (g) of Section 1522 of the Health and
Safety Code.

(4) The department shall conduct an evaluation of the
implementation of paragraph (3) through random sampling of
county exemption decisions.

(5) The State Department of Social Services shall not evaluate
or grant criminal records exemption requests for persons described
in subdivision (b), unless the exemption request is made by an
Indian tribe pursuant to subdivision (f).

(6) If a county has not requested, or has not been granted,
permission by the State Department of Social Services to establish
a procedure to evaluate and grant criminal records exemptions,
the county shall not place a child into the home of a person
described in subdivision (b) if any person residing in the home has
been convicted of a crime other than a minor traffic violation,
except as provided in subdivision (f).

(e) Nothing in this section shall preclude a county from
conducting a criminal background check that the county is
otherwise authorized to conduct using fingerprints.

(f) The State Department of Social Services shall evaluate a
request from an Indian tribe to exempt a crime that is exemptible
under Section 1522 of the Health and Safety Code, if needed, to
allow placement into an Indian home that the tribe has designated
for placement under the federal Indian Child Welfare Act (25
U.S.C. Sec. 1901 et seq.). However, if the county with jurisdiction
over the child that is the subject of the tribe’s request has
established an approved procedure pursuant to paragraph (3) of
subdivision (d), the tribe may request that the county evaluate the
exemption request. Once a tribe has elected to have the exemption
request reviewed by either the State Department of Social Services
or the county, the exemption decision may only be made by that
entity. Nothing in this subdivision limits the duty of a county social
worker to evaluate the home for placement or to gather information
needed to evaluate an exemption request.

SEC. 11.  

Section 362.04 of the Welfare and Institutions Code
is amended to read:

362.04.  

(a) For purposes of this section:

(1) “Caregiver” means any licensed certified foster parent,
approved relative caregiver, or approved nonrelative extended
family member, or approved resource family.

(2) “Reasonable and prudent parent” or “reasonable and prudent
parent standard” means the standard characterized by careful and
sensible parental decisions that maintain the child’s health, safety,
and best interest.

(3)  begin delete “Short-term” end delete begin insert “Short term” end insert means no more than 24
consecutive hours.

(b) Every caregiver may arrange for occasional short-term
babysitting of their foster child and allow individuals to supervise
the foster child for the purposes set forth in Section 362.05, or on
occasions, including, but not limited to, when the foster parent has
a medical or other health care appointment, grocery or other
shopping, personal grooming appointments, special occasions for
the foster parents, foster parent training classes, school-related
meetings (such as parent-teacher conferences), business meetings,
adult social gatherings, or an occasional evening out by the foster
parent.

(c) Caregivers shall use a reasonable and prudent parent standard
in determining and selecting appropriate babysitters for occasional
short-term use.

(d) The caregiver shall endeavor to provide the babysitter with
the following information before leaving the child for purposes of
short-term care:

(1) Information about the child’s emotional, behavioral, medical
or physical conditions, if any, necessary to provide care for the
child during the time the foster child is being supervised by the
babysitter.

(2) Any medication that should be administered to the foster
child during the time the foster child is being supervised by the
babysitter.

(3) Emergency contact information that is valid during the time
the foster child is being supervised by the babysitter.

(e) Babysitters selected by the caregiver to provide occasional
short-term care to a foster child under the provisions of this section
shall be exempt from any department regulation requiring health
screening or cardiopulmonary resuscitation certification or training.

(f) Each state and local entity shall ensure that private agencies
that provide foster care services to dependent children have policies
consistent with this section. Policies that are not consistent with
this section include those that are incompatible with, contradictory
to, or more restrictive than this section.

SEC. 12.  

Section 381 is added to the Welfare and Institutions
Code, to read:

381.  

(a) If a transfer is made from a juvenile court of a county
to a tribe pursuant to Section 305.5, the case shall be transferred
to the tribe after the court has made a determination that the transfer
is required pursuant to subdivision (a), (b), or (f) of Section 305.5.
The Juvenile court and the tribe shall each document the finding
of the facts supporting jurisdiction over the minor.

(b) The juvenile court shall issue an order of transfer of the case
that states all of the findings, orders, or modification of orders that
have been made in the case, and the name and address of the tribe
having jurisdiction. All papers contained in the file shall be
transferred to the tribe having jurisdiction. The transferring county
shall maintain a copy of the order of transfer and the findings of
fact.

(c) If an order of transfer from a county to a tribe is filed with
the clerk of a juvenile court, the clerk shall place the transfer order
on the calendar of the court, and, notwithstanding Section 378,
that matter shall have precedence over all actions and civil
proceedings not specifically given precedence by any other law
and shall be heard by the court at the earliest possible moment
after the order is filed.

SEC. 13.  

Section 727 of the Welfare and Institutions Code is
amended to read:

727.  

(a) (1) If a minor or nonminor is adjudged a ward of the
court on the ground that he or she is a person described by Section
601 or 602, the court may make any reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the
minor or nonminor, including medical treatment, subject to further
order of the court.

(2) In the discretion of the court, a ward may be ordered to be
on probation without supervision of the probation officer. The
court, in so ordering, may impose on the ward any and all
reasonable conditions of behavior as may be appropriate under
this disposition. A minor or nonminor who has been adjudged a
ward of the court on the basis of the commission of any of the
offenses described in subdivision (b) or paragraph (2) of
subdivision (d) of Section 707, Section 459 of the Penal Code, or
subdivision (a) of Section 11350 of the Health and Safety Code,
shall not be eligible for probation without supervision of the
probation officer. A minor or nonminor who has been adjudged a
ward of the court on the basis of the commission of any offense
involving the sale or possession for sale of a controlled substance,
except misdemeanor offenses involving marijuana, as specified in
Chapter 2 (commencing with Section 11053) of Division 10 of the
Health and Safety Code, or of an offense in violation of Section
32625 of the Penal Code, shall be eligible for probation without
supervision of the probation officer only when the court determines
that the interests of justice would best be served and states reasons
on the record for that determination.

(3) In all other cases, the court shall order the care, custody, and
control of the minor or nonminor to be under the supervision of
the probation officer who may place the minor or nonminor in any
of the following:

(A) The approved home of a relative or the approved home of
a nonrelative, extended family member, as defined in Section
362.7. If a decision has been made to place the minor in the home
of a relative, the court may authorize the relative to give legal
consent for the minor’s medical, surgical, and dental care and
education as if the relative caretaker were the custodial parent of
the minor.

(B) The approved home of a resource family as defined in
Section begin delete 16519.5 end delete begin insert 16519.5. end insert

(C) 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.

(D) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home begin delete which end delete begin insert that end insert
has been certified by the agency as meeting licensing standards.

(E) (i) Every minor adjudged a ward of the juvenile court who
is residing in a placement as defined in subparagraphs (A) to (D),
inclusive, shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. begin delete No end delete begin insert A end insert state or
local regulation or policy begin delete may end delete begin insert shall not end insert prevent, or create barriers
to, participation in those activities. Each state and local entity shall
ensure that private agencies that provide foster care services to
wards have policies consistent with this section and that those
agencies promote and protect the ability of wards to participate in
age-appropriate extracurricular, enrichment, and social activities.
A group home administrator, a facility manager, or his or her
responsible designee, and a caregiver, as defined in paragraph (1)
of subdivision (a) of Section 362.04, shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, in determining whether to give permission
for a minor residing in foster care to participate in extracurricular,
enrichment, and social activities. A group home administrator, a
facility manager, or his or her responsible designee, and a caregiver
shall take reasonable steps to determine the appropriateness of the
activity taking into consideration the minor’s age, maturity, and
developmental level.

(ii) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the minor
at the group home in applying and using the reasonable and prudent
parent standard.

(F) For nonminors, an approved supervised independent living
setting as defined in Section 11400, including a residential housing
unit certified by a licensed transitional housing placement provider.

(b) (1) To facilitate coordination and cooperation among
agencies, the court may, at any time after a petition has been filed,
after giving notice and an opportunity to be heard, join in the
juvenile court proceedings any agency that the court determines
has failed to meet a legal obligation to provide services to a minor,
for whom a petition has been filed under Section 601 or 602, to a
nonminor, as described in Section 303, or to a nonminor dependent,
as defined in subdivision (v) of Section 11400. In any proceeding
in which an agency is joined, the court shall not impose duties
upon the agency beyond those mandated by law. The purpose of
joinder under this section is to ensure the delivery and coordination
of legally mandated services to the minor. The joinder shall not
be maintained for any other purpose. Nothing in this section shall
prohibit agencies that have received notice of the hearing on joinder
from meeting prior to the hearing to coordinate services.

(2) The court has no authority to order services unless it has
been determined through the administrative process of an agency
that has been joined as a party, that the minor, nonminor, or
nonminor dependent is eligible for those services. With respect to
mental health assessment, treatment, and case management services
pursuant to Chapter 26.5 (commencing with Section 7570) of
Division 7 of Title 1 of the Government Code, the court’s
determination shall be limited to whether the agency has complied
with that chapter.

(3) For the purposes of this subdivision, “agency” means any
governmental agency or any private service provider or individual
that receives federal, state, or local governmental funding or
reimbursement for providing services directly to a child, nonminor,
or nonminor dependent.

(c) If a minor has been adjudged a ward of the court on the
ground that he or she is a person described in Section 601 or 602,
and the court finds that notice has been given in accordance with
Section 661, and if the court orders that a parent or guardian shall
retain custody of that minor either subject to or without the
supervision of the probation officer, the parent or guardian may
be required to participate with that minor in a counseling or
education program, including, but not limited to, parent education
and parenting programs operated by community colleges, school
districts, or other appropriate agencies designated by the court.

(d) The juvenile court may direct any reasonable orders to the
parents and guardians of the minor who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out subdivisions (a), (b), and (c) including orders
to appear before a county financial evaluation officer, to ensure
the minor’s regular school attendance, and to make reasonable
efforts to obtain appropriate educational services necessary to meet
the needs of the minor.

If counseling or other treatment services are ordered for the
minor, the parent, guardian, or foster parent shall be ordered to
participate in those services, unless participation by the parent,
guardian, or foster parent is deemed by the court to be inappropriate
or potentially detrimental to the minor.

begin insert

begin insert SEC. 13.5. end insert   

end insert

begin insert Section 727 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

727.  

(a) (1) If a minor or nonminor is adjudged a ward of the
court on the ground that he or she is a person described by Section
601 or 602, the court may make any reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the
minor or nonminor, including medical treatment, subject to further
order of the court.

(2) In the discretion of the court, a ward may be ordered to be
on probation without supervision of the probation officer. The
court, in so ordering, may impose on the ward any and all
reasonable conditions of behavior as may be appropriate under
this disposition. A minor or nonminor who has been adjudged a
ward of the court on the basis of the commission of any of the
offenses described in subdivision (b) or paragraph (2) of
subdivision (d) of Section 707, Section 459 of the Penal Code, or
subdivision (a) of Section 11350 of the Health and Safety Code,
shall not be eligible for probation without supervision of the
probation officer. A minor or nonminor who has been adjudged a
ward of the court on the basis of the commission of any offense
involving the sale or possession for sale of a controlled substance,
except misdemeanor offenses involving marijuana, as specified in
Chapter 2 (commencing with Section 11053) of Division 10 of the
Health and Safety Code, or of an offense in violation of Section
32625 of the Penal Code, shall be eligible for probation without
supervision of the probation officer only when the court determines
that the interests of justice would best be served and states reasons
on the record for that determination.

(3) In all other cases, the court shall order the care, custody, and
control of the minor or nonminor to be under the supervision of
the probation officer who may place the minor or nonminor in any
of the following:

(A) The approved home of a relative or the approved home of
a nonrelative, extended family member, as defined in Section
362.7. If a decision has been made to place the minor in the home
of a relative, the court may authorize the relative to give legal
consent for the minor’s medical, surgical, and dental care and
education as if the relative caretaker were the custodial parent of
the minor.

begin insert

(B) The approved home of a resource family as defined in
Section 16519.5.

end insert begin delete

(B)

end delete

begin insert (C) end insert  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.

begin delete

(C)

end delete

begin insert (D) end insert  With a foster family agency to be placed in a suitable
licensed foster family home or certified family home begin delete which end delete begin insert that end insert
has been certified by the agency as meeting licensing standards.

begin delete

(D)

end delete

begin insert (E) end insert  (i) Every minor adjudged a ward of the juvenile court who
is residing in a placement as defined in subparagraphs (A) to begin delete (C) end delete
begin insert (D) end insert , inclusive, shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. begin delete No end delete begin insert A end insert state or
local regulation or policy begin delete may end delete begin insert shall not end insert prevent, or create barriers
to, participation in those activities. Each state and local entity shall
ensure that private agencies that provide foster care services to
wards have policies consistent with this section and that those
agencies promote and protect the ability of wards to participate in
age-appropriate extracurricular, enrichment, and social activities.
A group home administrator, a facility manager, or his or her
responsible designee, and a caregiver, as defined in paragraph (1)
of subdivision (a) of Section 362.04, shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, in determining whether to give permission
for a minor residing in foster care to participate in extracurricular,
enrichment, and social activities. A group home administrator, a
facility manager, or his or her responsible designee, and a caregiver
shall take reasonable steps to determine the appropriateness of the
activity taking into consideration the minor’s age, maturity, and
developmental level.

(ii) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the minor
at the group home in applying and using the reasonable and prudent
parent standard.

begin delete

(E)

end delete

begin insert (F) end insert  For nonminors, an approved supervised independent living
setting as defined in Section 11400, including a residential housing
unit certified by a licensed transitional housing placement provider.

begin insert

(4) The minor or nonminor shall be released from juvenile
detention upon an order being entered under paragraph (3), unless
the court determines that a delay in the release from detention is
reasonable pursuant to Section 737.

end insert

(b) (1) To facilitate coordination and cooperation among
agencies, the court may, at any time after a petition has been filed,
after giving notice and an opportunity to be heard, join in the
juvenile court proceedings any agency that the court determines
has failed to meet a legal obligation to provide services to a minor,
for whom a petition has been filed under Section 601 or 602, to a
nonminor, as described in Section 303, or to a nonminor dependent,
as defined in subdivision (v) of Section 11400. In any proceeding
in which an agency is joined, the court shall not impose duties
upon the agency beyond those mandated by law. The purpose of
joinder under this section is to ensure the delivery and coordination
of legally mandated services to the minor. The joinder shall not
be maintained for any other purpose. Nothing in this section shall
prohibit agencies that have received notice of the hearing on joinder
from meeting prior to the hearing to coordinate services.

(2) The court has no authority to order services unless it has
been determined through the administrative process of an agency
that has been joined as a party, that the minor, nonminor, or
nonminor dependent is eligible for those services. With respect to
mental health assessment, treatment, and case management services
pursuant to Chapter 26.5 (commencing with Section 7570) of
Division 7 of Title 1 of the Government Code, the court’s
determination shall be limited to whether the agency has complied
with that chapter.

(3) For the purposes of this subdivision, “agency” means any
governmental agency or any private service provider or individual
that receives federal, state, or local governmental funding or
reimbursement for providing services directly to a child, nonminor,
or nonminor dependent.

(c) If a minor has been adjudged a ward of the court on the
ground that he or she is a person described in Section 601 or 602,
and the court finds that notice has been given in accordance with
Section 661, and if the court orders that a parent or guardian shall
retain custody of that minor either subject to or without the
supervision of the probation officer, the parent or guardian may
be required to participate with that minor in a counseling or
education program, including, but not limited to, parent education
and parenting programs operated by community colleges, school
districts, or other appropriate agencies designated by the court.

(d) The juvenile court may direct any reasonable orders to the
parents and guardians of the minor who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out subdivisions (a), (b), and (c) including orders
to appear before a county financial evaluation officer, to ensure
the minor’s regular school attendance, and to make reasonable
efforts to obtain appropriate educational services necessary to meet
the needs of the minor.

If counseling or other treatment services are ordered for the
minor, the parent, guardian, or foster parent shall be ordered to
participate in those services, unless participation by the parent,
guardian, or foster parent is deemed by the court to be inappropriate
or potentially detrimental to the minor.

SEC. 14.  

Section 827.15 is added to the Welfare and
Institutions Code, to read:

827.15.  

(a) Notwithstanding Section 827, whenever the
juvenile court of a county has made a determination pursuant to
subdivision (a), (b), or (f) of Section 305.5 that a child custody
proceeding of an Indian child is to be transferred to the jurisdiction
of a tribal court the child case file shall be transferred to the tribe.

(b) If an Indian child is under the jurisdiction of a Title IV-E
tribe or a Tribal Title IV-E agency, federal law requires the
safeguarding of information as set forth in 45 C.F.R 205.50.

(c) In all other transfers, the juvenile court shall order the release
of the child’s case file provided that the tribe agrees to maintain
the documentation confidential consistent with state and federal
law.

(d) As used in this section, a “child case file” means information
including the juvenile case file retained by the juvenile court and
the child welfare agency files or records retained by the county.
For Title IV-E tribes or a Tribal Tile IV-E agency that information
includes, but need not be limited to, the documentation set forth
in 45 C.F.R. 1356.67.

SEC. 15.  

Section 10553.12 is added to the Welfare and
Institutions Code, to read:

10553.12.  

(a) Notwithstanding any other law, a federally
recognized tribe is authorized to approve a home for the purpose
of foster or adoptive placement of an Indian child pursuant to the
Federal Indian Child Welfare Act (25 U.S.C. Sec. 1915).

(b) An Indian child, as defined by Section 224(a) and (b) of that
act, that has been removed pursuant to Section 361, from the
custody or his or her parents or Indian custodian may be placed in
a tribally approved home pursuant to Section 361.31 (b)(2) of that
act.

(c) To facilitate the availability of tribally approved homes that
have been fully approved in accord with federal law, including
completion of required background checks, a tribal child welfare
agency may request from the Department of Justice federal and
state summary criminal history information regarding a prospective
foster parent, adoptive parent, an adult who resides or is employed
in the home of an applicant, or an employee of the child welfare
agency who may have contact with children, in accord with
subdivision (m) of Section 11105 of the Penal Code and Child
Abuse Central Index Information pursuant to paragraph (8) of
subdivision (b) of Section 11170 of the Penal Code.

(d) As used in this section, a “tribal child welfare agency” means
an entity designated by a federally recognized tribe as authorized
to approve homes consistent with the Indian Child Welfare Act
for the purpose of placement of Indian children, into foster or
adoptive care, including the authority to conduct criminal record
and child abuse background checks of individuals who are
prospective foster parents, adoptive parents, an adult who resides
or is employed in the home of an applicant for approval, or an
employee of the tribal child welfare agency who may have contact
with children.

(e) A county social worker may place an Indian child in a tribally
approved home without having to conduct a separate background
check, upon certification of both of the following:

(1) The tribal child welfare agency has completed a criminal
record background check pursuant to Section 1522 of the Health
and Safety Code, and a Child Abuse Central Index Check pursuant
to Section 1522.1 of the Health and Safety Code, with respect to
each of the individuals described in subdivision (c).

(2) The tribal child welfare agency has agreed to report to a
county child welfare agency responsible for a child placed in the
tribally approved home, within 24 hours of notification to the tribal
agency by the Department of Justice, of a subsequent state or
federal arrest or disposition notification provided pursuant to
Section 11105.2 of the Penal Code involving an individual
associated with the tribally approved home where an Indian child
is placed.

begin delete

SEC. 16.  

Section 10618.6 of the Welfare and Institutions Code
is amended to read:

10618.6.  

(a) (1) When a child in a foster care placement
reaches his or her 16th birthday, and each year thereafter, while
the child is under the jurisdiction of the juvenile court, the county
welfare department, county probation department, or if an
automated process is available, the State Department of Social
Services, shall request a consumer credit disclosure from each of
the three major credit reporting agencies, pursuant to the free
annual disclosure provision of the federal Fair Credit Reporting
Act, on the child’s behalf, notwithstanding any other law.

(2) If the State Department of Social Services requests the
consumer credit disclosure for a child in a foster care placement,
it shall notify the county welfare department or county probation
department in the county having jurisdiction over the child of the
results of that request.

(3) Pursuant to paragraph (2), upon receiving notice from the
State Department of Social Services that a child in foster care has
a consumer credit report from a credit reporting agency, the county
welfare department or county probation department shall request
a consumer credit disclosure from that credit reporting agency for
the child.

(b) For a nonminor dependent, the county welfare department
or county probation department shall assist the young adult, on a
yearly basis while the nonminor dependent is under the jurisdiction
of the juvenile court, with requesting the consumer credit disclosure
from each of the three major credit reporting agencies, pursuant
to the free annual disclosure provision of the federal Fair Credit
Reporting Act.

(c) The county social worker or county probation officer shall
ensure that the child or nonminor dependent receives assistance
with interpreting the consumer credit disclosure and resolving any
inaccuracies. The assistance may include, but is not limited to,
referring the youth to a governmental or nonprofit agency that
provides consumer credit services. Nothing in this section requires
the social worker or probation officer to be the individual providing
the direct assistance with interpreting the consumer credit
disclosure or resolving the inaccuracies.

(d) Notwithstanding any other law, in order to request a
consumer credit disclosure for youth described in subdivision (a),
the county welfare department, county probation department, or
if an automated process is available, the State Department of Social
Services is authorized to release necessary information to a credit
reporting agency.

end delete

begin delete SEC. 17. end delete
begin insert SEC. 16. end insert   

Section 11402 of the Welfare and Institutions Code
is amended to read:

11402.  

In order to be eligible for AFDC-FC, a child or
nonminor dependent shall be placed in one of the following:

(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the
AFDC-FC payment.

(b) (1) The licensed family home of a nonrelative.

(2) The approved home of a nonrelative extended family
member as described in Section 362.7.

(c) The approved home of a resource family as defined in
Section 16519.5.

(d) A licensed group home, as defined in subdivision (h) of
Section 11400, excluding a runaway and homeless youth shelter
as defined in subdivision (ab) of Section 11400, provided that the
placement worker has documented that the placement is necessary
to meet the treatment needs of the child and that the facility offers
those treatment services.

(e) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child
who is otherwise eligible for AFDC-FC has been dismissed due
to the child’s attaining 18 years of age.

(f) An exclusive-use home.

(g) A housing model certified by a licensed transitional housing
placement provider as described in Section 1559.110 of the Health
and Safety Code and as defined in subdivision (r) of Section 11400.

(h) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family
Code have been met.

(i) An approved supervised independent living setting for
nonminor dependents, as defined in subdivision (w) of Section
11400.

(j) This section shall become operative on July 1, 2012.

begin delete

SEC. 18.  

Section 11403.2 of the Welfare and Institutions Code
is amended to read:

11403.2.  

(a) The following persons shall be eligible for
transitional housing provided pursuant to Article 4 (commencing
with Section 16522) of Chapter 5 of Part 4:

(1) Any foster child at least 16 years of age and not more than
18 years of age, and, on or after January 1, 2012, any nonminor
dependent, as defined in subdivision (v) of Section 11400, who is
eligible for AFDC-FC benefits as described in Section 11401. A
foster child under 18 years of age shall be eligible for placement
in the program certified as a “Transitional Housing Placement
Program,” pursuant to paragraph (1) of subdivision (a) of Section
16522.2. A nonminor dependent shall be eligible for placement in
the program certified as a “Transitional Housing Placement-Plus
Foster Care Program” pursuant to paragraph (2) of subdivision (a)
of Section 16522.2.

(2) Any former foster youth at least 18 years of age and not
more than 24 years of age who has exited from the foster care
system on or after his or her 18th birthday and elects to participate
in Transitional Housing Program-Plus, as defined in subdivision
(s) of Section 11400, provided he or she has not received services
under this paragraph for more than a total of 24 months, whether
or not consecutive. If the person participating in a Transitional
Housing Program-Plus is not receiving aid under Section 11403.1,
he or she, as a condition of participation, shall enter into, and
execute the provisions of, a transitional independent living plan
that shall be mutually agreed upon, and annually reviewed, by the
former foster youth and the applicable county welfare or probation
department or independent living program coordinator. The person
participating under this paragraph shall inform the county of any
changes to conditions specified in the agreed-upon plan that affect
eligibility, including changes in address, living circumstances, and
the educational or training program.

(b) Payment on behalf of an eligible person receiving transitional
housing services pursuant to paragraph (1) of subdivision (a) shall
be made to the transitional housing placement provider pursuant
to the conditions and limitations set forth in Section 11403.3.
Notwithstanding Section 11403.3, the department, in consultation
with concerned stakeholders, including, but not limited to,
representatives of the Legislature, the County Welfare Directors
Association, the Chief Probation Officers of California, the Judicial
Council, representatives of Indian tribes, the California Youth
Connection, former foster youth, child advocacy organizations,
labor organizations, juvenile justice advocacy organizations, foster
caregiver organizations, researchers, and transitional housing
placement providers, shall convene a workgroup to establish a new
rate structure for the Title IV-E funded THP-Plus-Foster Care
placement option for nonminor dependents. The workgroup shall
also consider application of this new rate structure to the
Transitional Housing Program-Plus, as described in paragraph (2)
of subdivision (a) of Section 11403.3. In developing the new rate
structure pursuant to this subdivision, the department shall consider
the average rates in effect and being paid by counties to current
transitional housing placement providers.

(c) THP-Plus-Foster Care rates are based on the type of housing
site model, each of which is comprised of costs for personnel,
program, direct client and indirect expenses as defined in
department regulations. On July 1 of each fiscal year, direct client
expenses shall be adjusted, by the annual percentage change in the
California Necessities Index. A county shall not be reimbursed for
any increase in this rate that exceeds the adjustments made in
accordance with this methodology.

(d) Funding and expenditures for programs and activities under
this section shall be in accordance with the requirements provided
in Sections 30025 and 30026.5 of the Government Code.

(e) 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), the department may implement, interpret, or make specific
the changes to this section, by means of all-county letters or similar
instructions from the department until regulations are adopted.

end delete

begin delete SEC. 19. end delete
begin insert SEC. 17. end insert   

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 or
probation officer 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.

begin insert

begin insert SEC. 17.5. end insert   

end insert

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

16002.  

(a)  begin insert (1) end insert begin insert   end insert 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.

begin insert

(2) It is also the intent of the Legislature to preserve and
strengthen a child’s sibling relationship so that when a child has
been removed from his or her home and he or she has a sibling or
siblings who remain in the custody of a mutual parent subject to
the court’s jurisdiction, the court has the authority to develop a
visitation plan for the siblings, unless it has been determined that
visitation is contrary to the safety or well-being of any sibling.

end insert

(b) The responsible local agency shall make a diligent effort in
all out-of-home placements of dependent begin delete children, end delete begin insert children and
wards in foster care, end insert 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 begin delete 366. end delete begin insert 366 or 727.3.
In order for the suspension to continue, the court shall make a
renewed finding that sibling interaction is contrary to the safety
or well-being of either child. end insert 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 begin delete guardian end delete
begin insert guardian, end insert shall have the right to comment on those provisions. If
a person wishes to assert a sibling relationship with a dependent
child begin insert or ward end insert , he or she may file a petition in the juvenile court
having jurisdiction over the dependent child pursuant to subdivision
(b) of Section 388 begin insert or the ward in foster care pursuant to Section
778 end insert .

(e) If parental rights are terminated and the court orders a
dependent child begin insert or ward end insert 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.

begin delete SEC. 20. end delete
begin insert SEC. 18. end insert   

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 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 or ward 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 or ward 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.

begin delete SEC. 21. end delete
begin insert SEC. 19. end insert   

Section 16501.3 of the Welfare and Institutions Code
is amended to read:

16501.3.  

(a) The State Department of Social Services shall
establish and maintain a program of public health nursing in the
child welfare services program that meets the federal requirements
for the provision of healthcare to minor and nonminor dependents
in foster care consistent with Section 30026.5 of the Government
Code. The purpose of the public health nursing program shall be
to identify, respond to, and enhance the physical, mental, dental,
and developmental well-being of children in the child welfare
system.

(b)  begin delete (1) end delete begin delete   end delete Under this program, counties shall use the services of
a foster care public health nurse. The foster care public health
nurse shall work with the appropriate child welfare services
workers to coordinate health care services and serve as a liaison
with health care professionals and other providers of health-related
services. This shall include coordination with county mental health
plans and local health jurisdictions, as appropriate.

begin delete

(2) Consistent with federal law and requirements, each county
child welfare department shall provide to the State Department of
Social Services information necessary for the department to meet
its federal reporting requirements. In developing the requirements
concerning the information to be provided by counties, the
department shall consult with the County Welfare Directors
Association.

end delete

(c) The duties of a foster care public health nurse shall include,
but need not be limited to, the following:

(1) Documenting that each child in foster care receives initial
and followup health screenings that meet reasonable standards of
medical practice.

(2) Collecting health information and other relevant data on
each foster child as available, receiving all collected information
to determine appropriate referral and services, and expediting
referrals to providers in the community for early intervention
services, specialty services, dental care, mental health services,
and other health-related services necessary for the child.

(3) Participating in medical care planning and coordinating for
the child. This may include, but is not limited to, assisting case
workers in arranging for comprehensive health and mental health
assessments, interpreting the results of health assessments or
evaluations for the purpose of case planning and coordination,
facilitating the acquisition of any necessary court authorizations
for procedures or medications, advocating for the health care needs
of the child and ensuring the creation of linkage among various
providers of care.

(4) Providing followup contact to assess the child’s progress in
meeting treatment goals.

(5) At the request of and under the direction of a nonminor
dependent, as described in subdivision (v) of Section 11400, assist
the nonminor dependent in accessing physical health and mental
health care, coordinating the delivery of health and mental health
care services, advocating for the health and mental health care that
meets the needs of the nonminor dependent, and to assist the
nonminor dependent to assume responsibility for his or her ongoing
physical and mental health care management.

(d) The services provided by foster care public health nurses
under this section shall be limited to those for which reimbursement
may be claimed under Title XIX at an enhanced rate for services
delivered by skilled professional medical personnel.
Notwithstanding any other provision of law, this section shall be
implemented only if, and to the extent that, the department
determines that federal financial participation, as provided under
Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396
et seq.), is available.

(e) (1) The State Department of Health Care Services shall seek
any necessary federal approvals for child welfare agencies to
appropriately claim enhanced federal Title XIX funds for services
provided pursuant to this section.

(2) Commencing in the fiscal year immediately following the
fiscal year in which the necessary federal approval pursuant to
paragraph (1) is secured, county child welfare agencies shall
provide health care oversight and coordination services pursuant
to this section, and may accomplish this through agreements with
local public health agencies.

(f) (1) Notwithstanding Section 10101, prior to the 2011-12
fiscal year, there shall be no required county match of the
nonfederal cost of this program.

(2) Commencing in the 2011-12 fiscal year, and each fiscal
year thereafter, funding and expenditures for programs and
activities under this section shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the
Government Code.

begin delete SEC. 22. end delete
begin insert SEC. 20. end insert   

Section 16507.5 of the Welfare and Institutions Code
is amended to read:

16507.5.  

(a) When a minor is separated or is in the process of
being separated from the minor’s family under the provisions of
a voluntary placement agreement, the county welfare department
or a licensed private or public adoption agency social worker shall
make any and all reasonable and necessary provisions for the care,
supervision, custody, conduct, maintenance, and support of the
minor, including medical treatment.

Responsibility for placement and care of the minor shall be with
the social worker who may place the minor in any of the following:

(1) The approved home of a relative or the approved home of
a nonrelative extended family member as described in Section
362.7.

(2) The approved home of a resource family as defined in
Section 16519.5.

(3) A suitable licensed community care facility.

(4) With a foster family agency to be placed in a suitable
licensed home or other family home which has been certified by
the agency as meeting licensing standards.

(5) A home or facility in accordance with the federal Indian
Child Welfare Act.

(b) The granting of a community care license or approval status
does not entitle the caregiver to the placement of a specific child
or children. Placement is based on the child’s needs and best
interests.

begin delete SEC. 23. end delete
begin insert SEC. 21. end insert   

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) (1) 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.

(2) Additional counties may participate in the early
implementation of the program upon authorization by the
department.

(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),
and receipt of a fingerprint-based state and federal criminal
offender record information search response . The criminal history
information shall include subsequent state and federal arrest and
disposition notifications pursuant to Section 11105.2 of the Penal
Code.

(ii) Consideration of any substantiated 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 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 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) (A) Ensuring staff have the education and experience
necessary to complete the home approval and permanency
assessment competently.

(B) A county may contract with a licensed adoption agency to
complete the permanency assessment. A permanency assessment
completed by a licensed adoption agency shall be reviewed and
approved by the county.

(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 an applicant and disapproved resource family
requesting review of that decision with due process 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) (1) Approved relatives and nonrelative 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.

(2)  Upon implementation of the program in a county, that
county may not accept new applications for the licensure of foster
family homes, the approval of relative and nonrelative extended
family members, or the approval of prospective adoptive homes.

(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) The approval of a resource family who moves to a
nonparticipating county remains in full force and effect pending
a determination by the county approval agency or the department,
as appropriate, whether the new building and grounds and storage
areas meet applicable standards, and whether all adults residing
in the home have a criminal records clearance or exemptions
granted, using the exemption criteria used for foster care licensing,
as specified in subdivision (g) of Section 1522 of the Health and
Safety Code. Upon this determination, the nonparticipating county
shall either approve the family as a relative or nonrelative extended
family member, as applicable, or the department shall license the
family as a foster family home.

(2) Subject to the requirements in paragraph (1), the family shall
continue to be approved for guardianship and adoption. Nothing
in this subdivision shall limit a county or adoption agency from
determining that the family is not approved for guardianship or
adoption based on changes in the family’s circumstances or
permanency assessment.

(3) 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) 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 nonrelative 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 2016-17 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. The
program is authorized in all counties effective July 1, 2017. The
program shall be implemented by each county on or before July
1, 2019.

(q) Notwithstanding any other law, on and after July 1, 2017,
a licensed foster family agency shall require a certified family
home applicant to meet the resource family approval standards
and requirements set forth in this article and in the written
directives adopted pursuant to paragraph (4) of subdivision (f),
prior to certification.

begin delete SEC. 24. end delete
begin insert SEC. 22. end insert   

Section 17710 of the Welfare and Institutions Code
is amended to read:

17710.  

Unless otherwise specified in this part:

(a) “Child with special health care needs” means a child, or a
person who is 22 years of age or younger who is completing a
publicly funded education program, who has a condition that can
rapidly deteriorate resulting in permanent injury or death or who
has a medical condition that requires specialized in-home health
care, and who either has been adjudged a dependent of the court
pursuant to Section 300, has not been adjudged a dependent of the
court pursuant to Section 300 but is in the custody of the county
welfare department, or has a developmental disability and is
receiving services and case management from a regional center.

(b) “County” means a county welfare department.

(c) “Department” means the State Department of Social
Services.

(d) “Individualized health care plan team” means those
individuals who develop a health care plan for a child with special
health care needs in a specialized foster care home, as defined in
subdivision (i), or group home, which shall include the child’s
primary care physician or other health care professional designated
by the physician, any involved medical team, and the county social
worker or regional center worker, and any health care professional
designated to monitor the child’s individualized health care plan
pursuant to paragraph (8) of subdivision (c) of Section 17731,
including, if the child is in a certified home, the registered nurse
employed by or under contract with the certifying agency to
supervise and monitor the child. The child’s individualized health
care plan team may also include, but shall not be limited to, a
public health nurse, representatives from the California Children’s
Services Program or the Child Health and Disability Prevention
Program, regional centers, the county mental health department,
and where reunification is the goal, the parent or parents, if
available. In addition, if the child is in a specialized foster care
home, the individualized health care plan team may include the
prospective specialized foster parents, who shall not participate in
any team decision pursuant to paragraph (6) of subdivision (c) of
Section 17731 or pursuant to subparagraph (C) of paragraph (1)
of subdivision (a), or clause (i) of subparagraph (B) of paragraph
(2) of subdivision (a), of Section 17732.

(e) “Director” means the Director of Social Services.

(f) “Level of care” means a description of the specialized
in-home health care to be provided to a child with special health
care needs by the foster family.

(g) Medical conditions requiring specialized in-home health
care require dependency upon one or more of the following: enteral
feeding tube, total parenteral feeding, a cardiorespiratory monitor,
intravenous therapy, a ventilator, oxygen support, urinary
catheterization, renal dialysis, ministrations imposed by
tracheostomy, colostomy, ileostomy, or other medical or surgical
procedures or special medication regimens, including injection,
and intravenous medication.

(h) “Specialized in-home health care” includes, but is not limited
to, those services identified by the child’s primary physician as
appropriately administered in the home by any one of the
following:

(1) A foster parent trained by health care professionals where
the child is being placed in, or is currently in, a specialized foster
care home.

(2) Group home staff trained by health care professionals
pursuant to the discharge plan of the facility releasing the child
where the child was placed in the home as of November 1, 1993,
and who is currently in the home.

(3) A health care professional, where the child is placed in a
group home after November 1, 1993. The health care services
provided pursuant to this paragraph shall not be reimbursable costs
for the purpose of determining the group home rate under Section
11462.

(i) “Specialized foster care home” means any of the following
foster homes where the foster parents reside in the home and have
been trained to provide specialized in-home health care to foster
children:

(1) Licensed foster family homes, as defined in paragraph (5)
of subdivision (a) of Section 1502 of the Health and Safety Code.

(2) Licensed small family homes, as defined in paragraph (6)
of subdivision (a) of Section 1502 of the Health and Safety Code.

(3) Certified family homes, as defined in subdivision (d) of
Section 1506 of the Health and Safety Code, that have accepted
placement of a child with special health care needs who is under
the supervision and monitoring of a registered nurse employed by,
or on contract with, the certifying agency, and who is either of the
following:

(A) A dependent of the court under Section 300.

(B) Developmentally disabled and receiving services and case
management from a regional center.

(4) Approved resource families, as defined in Section 16519.5.

begin delete SEC. 25. end delete
begin insert SEC. 23. end insert   

Section 17732.2 of the Welfare and Institutions Code
is amended to read:

17732.2.  

(a) In determining the licensed capacity of a
specialized foster family home, a specialized certified family home,
or specialized resource family, the department or county shall
consider all adoptive, biological, and foster children, and children
in guardianship living in the home, in order not to exceed a total
of six children living in the home.

(b) The Legislature finds and declares that this section is
declaratory of existing law.

begin delete SEC. 26. end delete
begin insert SEC. 24. end insert   

(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 Sections 8707.1 and 17212 of the Family Code,
Section 1515 of the Health and Safety Code, and Sections 16002,
16010.6, and 16519.5 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.

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 3.5 of this bill incorporates amendments to
Section 17506 of the Family Code proposed by both this bill and
Senate Bill 1066. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2015,
(2) each bill amends Section 17506 of the Family Code, and (3)
this bill is enacted after Senate Bill 1066, in which case Section 3
of this bill shall not become operative. end insert

begin insert

begin insert SEC. end insert begin insert 26. end insert   

end insert begin insert

(a) Section 9.2 of this bill incorporates amendments
to Section 361.2 of the Welfare and Institutions Code proposed by
both this bill and Senate Bill 1099. It shall only become operative
if (1) both bills are enacted and become effective on or before
January 1, 2015, (2) each bill amends Section 361.2 of the Health
and Safety Code, (3) Senate Bill 977 is not enacted or as enacted
does not amend that section, and (4) this bill is enacted after Senate
Bill 1099 in which case Sections 9, 9.3, and 9.5 of this bill shall
not become operative.

end insert begin insert

(b) Section 9.3 of this bill incorporates amendments to Section
361.2 of the Welfare and Institutions Code proposed by both this
bill and Senate Bill 977. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2015, (2) each bill amends Section 361.2 of the Health and Safety
Code, and (3) Senate Bill 1099 is not enacted or as enacted does
not amend that section, and (4) this bill is enacted after Senate
Bill 977, in which case Sections 9, 9.2, and 9.5 of this bill shall
not become operative.

end insert begin insert

(c) Section 9.5 of this bill incorporates amendments to Section
361.2 of the Welfare and Institutions Code proposed by this bill,
Senate Bill 977, and Senate Bill 1099. It shall only become
operative if (1) all three bills are enacted and become effective on
or before January 1, 2015, (2) all three bills amend Section 361.2
of the Welfare and Institutions Code, and (3) this bill is enacted
after Senate Bill 977 and Senate Bill 1099, in which case Sections
9, 9.2, and 9.3 of this bill shall not become operative.

end insert

begin insert

begin insert SEC. 27. end insert   

end insert begin insert

Section 13.5 of this bill incorporates amendments to
Section 727 of the Welfare and Institutions Code proposed by both
this bill and Assembly Bill 2607. It shall only become operative if
(1) both bills are enacted and become effective on or before
January 1, 2015, (2) each bill amends Section 727 of the Welfare
and Institutions Code, and (3) this bill is enacted after Assembly
Bill 2607, in which case Section 13 of this bill shall not become
operative.

end insert

begin insert

begin insert SEC. 28. end insert   

end insert

begin insert Section 17.5 of this bill incorporates amendments to
Section 16002 of the Welfare and Institutions Code proposed by
both this bill and Senate Bill 1099. It shall only become operative
if (1) both bills are enacted and become effective on or before
January 1, 2015, (2) each bill amends Section 16002 of the Welfare
and Institutions Code, and (3) this bill is enacted after Senate Bill
1099, in which case Section 17 of this bill shall not become
operative. end insert

begin delete SEC. 27. end delete
begin insert SEC. 29. end insert   

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.