BILL NUMBER: AB 260	CHAPTERED
	BILL TEXT

	CHAPTER  511
	FILED WITH SECRETARY OF STATE  OCTOBER 6, 2015
	APPROVED BY GOVERNOR  OCTOBER 6, 2015
	PASSED THE SENATE  SEPTEMBER 9, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2015
	AMENDED IN SENATE  AUGUST 17, 2015
	AMENDED IN SENATE  JULY 6, 2015
	AMENDED IN ASSEMBLY  APRIL 7, 2015

INTRODUCED BY   Assembly Member Lopez
   (Coauthor: Assembly Member Cristina Garcia)

                        FEBRUARY 9, 2015

   An act to amend Section 16002.5 of, and to add Sections 361.8 and
825.5 to, the Welfare and Institutions Code, relating to foster care.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 260, Lopez. Foster care: parenting youth.
   Existing law establishes the jurisdiction of the juvenile court,
which may adjudge a child to be a dependent of the court under
certain circumstances, including when the child has been left without
any provision for support or when a parent or guardian fails to
provide the child with adequate food, clothing, shelter, or medical
treatment. Existing law provides that the Legislature declares that a
child whose parent has been adjudged a dependent child of the court
shall not be considered at risk of abuse or neglect solely because of
the age, dependent status, or foster care status of the parent.
   This bill would additionally declare that a child whose parent has
been adjudged a dependent child of the court shall not be considered
at risk of abuse or neglect solely on the basis of information
concerning the parent's placement history, past behaviors, health or
mental health diagnoses occurring prior to the pregnancy, except as
specified.
   Existing law provides that reunification services need not be
provided to the family of a dependent child under certain
circumstances.
   This bill would enact certain exceptions to that provision that
would apply in the case of a child for whom one or both minor parents
have been adjudged to be dependent children of the juvenile court,
thereby providing the family access to reunification services. The
bill would also require, in those cases, a party seeking an
involuntary foster care placement of, or termination of parental
rights over, a child born to a parent or parents who were minors at
the time of the child's birth to demonstrate to the court that
reasonable efforts were made to provide remedial services designed to
prevent the removal of the child from the minor parent or parents,
that these efforts have proved unsuccessful, and that those efforts
utilize the available resources of the child and his or her minor
parent or parents extended family, social services agencies,
caregivers, and other available service providers. By imposing a
higher level of service on county employees, the bill would impose a
state-mandated local program.
   Existing law requires the clerk of the superior court to open a
separate court file for nonminor dependents under the dependency,
delinquency, or transition jurisdiction of the court and limits
access to those files.
   This bill would require the clerk of the superior court to
maintain court files and records concerning a minor dependent parent
or a nonminor dependent parent separate from court files and records
concerning his or her child, as specified. The bill would authorize
dependency court records concerning a minor dependent parent or a
nonminor dependent parent to be disclosed to the county and the court
in the child's dependency proceedings, but would require information
from the records to only be admitted as evidence in the child's
dependency proceedings pursuant to a certain court order. The bill
would authorize any party to the child's dependency proceedings to
request the admittance of the records concerning a minor dependent
parent or a nonminor dependent parent as evidence at any stage of the
child's dependency proceedings.
   Existing law declares the intent of the Legislature to maintain
the continuity of the family unit and to support and preserve
families headed by minor dependent parents and nonminor dependent
parents. Existing law requires foster care placements for minor
parents and their children to demonstrate a willingness and ability
to provide support and assistance to minor parents and their
children.
   This bill would additionally require those foster care placements
to support the preservation of the family unit and to refer a minor
dependent parent or nonminor dependent parent to preventive services
to address any concerns regarding the safety, health, or well-being
of the child, and to help prevent, whenever possible, the filing of a
petition to declare the child a dependent of the juvenile court.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 361.8 is added to the Welfare and Institutions
Code, to read:
   361.8.  (a) The Legislature declares that a child of a minor
parent or nonminor dependent parent shall not be considered to be at
risk of abuse or neglect solely on the basis of information
concerning the parent's or parents' placement history, past
behaviors, or health or mental health diagnoses occurring prior to
the pregnancy, although that information may be taken into account
when considering whether other factors exist that place the child at
risk of abuse or neglect.
   (b) In the case of a child for whom one or both minor parents have
been adjudged to be dependent children of the juvenile court
pursuant to Section 300, all of the following shall apply:
   (1) Paragraphs (10) and (11) of subdivision (b) of Section 361.5
shall not apply, unless one or more of the circumstances described in
paragraphs (1) to (9), inclusive, and paragraphs (12) to (16),
inclusive, of subdivision (b) of Section 361.5 apply.
   (2) A party seeking an involuntary foster care placement of, or
termination of parental rights over, a child born to a parent or
parents who were minors at the time of the child's birth shall
demonstrate to the court that reasonable efforts were made to provide
remedial services designed to prevent the removal of the child from
the minor parent or parents, and that these efforts have proved
unsuccessful.
   (3) The efforts made pursuant to paragraph (2) shall utilize the
available resources of the child and his or her minor parent's or
parents' extended family, social services agencies, caregivers, and
other available service providers.
   (c) For purposes of this section, "child" and "minor parent" shall
have the same definitions as set forth in Section 16002.5.
  SEC. 2.  Section 825.5 is added to the Welfare and Institutions
Code, to read:
   825.5.  (a) The clerk of the superior court shall maintain court
files and records concerning a minor dependent parent or a nonminor
dependent parent of a child who is the subject of a dependency
petition separate from court files and records concerning the child.
   (b) (1) Dependency court records concerning a minor dependent
parent or a nonminor dependent parent may be disclosed to the county
and the court in the child's dependency proceedings; however,
information from the records shall only be admitted as evidence in
the child's dependency proceedings pursuant to a court order finding
that the information is materially relevant to the case, subject to
the provisions of subdivision (a) of Section 361.8.
   (2) Any party to the child's dependency proceedings may request
the admittance of the records described in paragraph (1) as evidence
at any stage of the child's dependency proceedings.
  SEC. 3.  Section 16002.5 of the Welfare and Institutions Code is
amended to read:
   16002.5.  It is the intent of the Legislature to maintain the
continuity of the family unit and to support and preserve families
headed by minor parents and nonminor dependent parents who are
themselves under the jurisdiction of the juvenile court by ensuring
that minor parents and nonminor dependent parents and their children
are placed together in as family-like a setting as possible, unless
it has been determined that placement together poses a risk to the
child. It is also the intent of the Legislature to ensure that
complete and accurate data on parenting minor and nonminor dependents
is collected, and that the State Department of Social Services shall
ensure that the following information is publicly available on a
quarterly basis by county about parenting minor and nonminor
dependents: total number of parenting minor and nonminor dependents
in each county, their age, their ethnic group, their placement type,
their time in care, the number of children they have, and whether
their children are court dependents.
   (a) To the greatest extent possible, minor parents and nonminor
dependent parents and their children shall be provided with access to
existing services for which they may be eligible, that are
specifically targeted at supporting, maintaining, and developing both
the parent-child bond and the dependent parent's ability to provide
a permanent and safe home for the child. Examples of these services
may include, but are not limited to, child care, parenting classes,
child development classes, and frequent visitation.
   (b) Child welfare agencies may provide minor parents and nonminor
dependent parents with access to social workers or resource
specialists who have received training on the needs of teenage
parents and available resources, including, but not limited to,
maternal and child health programs, child care, and child development
classes. Child welfare agencies are encouraged to update the case
plans for pregnant and parenting dependents within 60 calendar days
of the date the agency is informed of a pregnancy. When updating the
case plan, child welfare agencies may hold a specialized conference
to assist pregnant or parenting foster youth and nonminor dependents
with planning for healthy parenting and identifying appropriate
resources and services, and to inform the case plan. The specialized
conference shall include the pregnant or parenting minor or nonminor
dependent, family members, and other supportive adults, and the
specially trained social worker or resource specialist. The
specialized conference may include other individuals, including, but
not limited to, a public health nurse, a community health worker, or
other personnel with a comprehensive knowledge of available maternal
and child resources, including public benefit programs. Participation
in the specialized conference shall be voluntary on the part of the
foster youth or nonminor dependent and assistance in identifying and
accessing resources shall not be dependent on participation in the
conference.
   (c) The minor parents and nonminor dependent parents shall be
given the ability to attend school, complete homework, and
participate in age and developmentally appropriate activities
unrelated to and separate from parenting.
   (d) Child welfare agencies, local educational agencies, and child
care resource and referral agencies may make reasonable and
coordinated efforts to ensure that minor parents and nonminor
dependent parents who have not completed high school have access to
school programs that provide onsite or coordinated child care.
   (e) Foster care placements for minor parents and nonminor
dependent parents and their children shall demonstrate a willingness
and ability to provide support and assistance to minor parents and
nonminor dependent parents and their children, shall support the
preservation of the family unit, and shall refer a minor parent or
nonminor dependent parent to preventive services to address any
concerns regarding the safety, health, or well-being of the child,
and to help prevent, whenever possible, the filing of a petition to
declare the child a dependent of the juvenile court pursuant to
Section 300.
   (f) Contact between the child, the custodial parent, and the
noncustodial parent shall be facilitated if that contact is found to
be in the best interest of the child.
   (g) For the purpose of this section, "child" refers to the child
born to the minor parent.
   (h) For the purpose of this section, "minor parent" refers to a
dependent child who is also a parent.
   (i) For the purpose of this section, "nonminor dependent parent"
refers to a nonminor dependent, as described in subdivision (v) of
Section 11400, who also is a parent.
  SEC. 4.  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.