Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 381

Introduced by Assembly Member Calderon

February 18, 2015

An act begin insert to amend Section 361.3 of the Welfare and Institutions Code, end insert relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 381, as amended, Calderon. Dependent children: placement.

Existing law, in cases in which a minor is begin delete adjudged end delete begin insert alleged to be end insert a dependent child of the court on the ground that the minor has suffered abuse or neglect, allows the court to take the child from the physical custody of his or her parents or guardian if there would be a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the minor if the minor were returned home, among other criteria. If a child is removed from the physical custody of his or her parents, existing law requires preferential consideration to be given to a request by a relative of the child for placement of the child with the relative. Existing law requires that the best interest of the child be considered, among other specified factors, in making that determination. begin insert Existing law also requires that, subsequent to the hearing on the proper disposition to be made of the child, whenever a new placement of the child must be made, consideration for placement again be given to relatives who have not been found to be unsuitable, as specified. end insert

This bill would begin delete state the intent of the Legislature to enact legislation to ensure the best possible outcome for children removed from the physical custody of his or her parents. end delete begin insert require the county social worker and the court, when determining whether placement with a relative is appropriate, to consider the above-described factors on a case-by-case basis. The bill also would require that consideration for placement with a relative subsequent to the disposition hearing be given without regard to whether a new placement of a child must be made, and would direct the social worker to report and the court to consider additional enumerated factors in making this determination. By increasing the duties of county social workers, this bill would create a state-mandated local program. The bill would also require the Judicial Council to adopt a rule of court on or before January 1, 2017, that implements these provisions. end insert

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 361.3 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

361.3.  

(a) In any case in which a child is removed from the
physical custody of his or her parents pursuant to Section 361,
preferential consideration shall be given to a request by a relative
of the child for placement of the child with the relative, regardless
of the relative’s immigration status. In determining whether
placement with a relative is appropriate, the county social worker
and court shall begin insert , on a case-by-case basis, end insert consider, but shall not be
limited to, begin delete consideration of end delete all the following factors:

(1) The best interest of the child, including special physical,
psychological, educational, medical, or emotional needs.

(2) The wishes of the parent, the relative, and child, if
appropriate.

(3) The provisions of Part 6 (commencing with Section 7950)
of Division 12 of the Family Code regarding relative placement.

(4) Placement of siblings and half siblings in the same home,
unless that placement is found to be contrary to the safety and
well-being of any of the siblings, as provided in Section 16002.

(5) The good moral character of the relative and any other adult
living in the home, including whether any individual residing in
the home has a prior history of violent criminal acts or has been
responsible for acts of child abuse or neglect.

(6) The nature and duration of the relationship between the child
and the relative, and the relative’s desire to care for, and to provide
legal permanency for, the child if reunification is unsuccessful.

(7) The ability of the relative to do the following:

(A) Provide a safe, secure, and stable environment for the child.

(B) Exercise proper and effective care and control of the child.

(C) Provide a home and the necessities of life for the child.

(D) Protect the child from his or her parents.

(E) Facilitate court-ordered reunification efforts with the parents.

(F) Facilitate visitation with the child’s other relatives.

(G) Facilitate implementation of all elements of the case plan.

(H) Provide legal permanence for the child if reunification fails.

However, any finding made with respect to the factor considered
pursuant to this subparagraph and pursuant to subparagraph (G)
shall not be the sole basis for precluding preferential placement
with a relative.

(I) Arrange for appropriate and safe child care, as necessary.

(8) The safety of the relative’s home. For a relative to be
considered appropriate to receive placement of a child under this
section, the relative’s home shall first be approved pursuant to the
process and standards described in subdivision (d) of Section 309.

In this regard, the Legislature declares that a physical disability,
such as blindness or deafness, is no bar to the raising of children,
and a county social worker’s determination as to the ability of a
disabled relative to exercise care and control should center upon
whether the relative’s disability prevents him or her from exercising
care and control. The court shall order the parent to disclose to the
county social worker the names, residences, and any other known
identifying information of any maternal or paternal relatives of
the child. This inquiry shall not be construed, however, to guarantee
that the child will be placed with any person so identified. The
county social worker shall initially contact the relatives given
preferential consideration for placement to determine if they desire
the child to be placed with them. Those desiring placement shall
be assessed according to the factors enumerated in this subdivision.
The county social worker shall document these efforts in the social
study prepared pursuant to Section 358.1. The court shall authorize
the county social worker, while assessing these relatives for the
possibility of placement, to disclose to the relative, as appropriate,
the fact that the child is in custody, the alleged reasons for the
custody, and the projected likely date for the child’s return home
or placement for adoption or legal guardianship. However, this
investigation shall not be construed as good cause for continuance
of the dispositional hearing conducted pursuant to Section 358.

(b) In any case in which more than one appropriate relative
requests preferential consideration pursuant to this section, each
relative shall be considered under the factors enumerated in
subdivision (a). Consistent with the legislative intent for children
to be placed immediately with a responsible relative, this section
does not limit the county social worker’s ability to place a child
in the home of an appropriate relative or a nonrelative extended
family member pending the consideration of other relatives who
have requested preferential consideration.

(c) For purposes of this section:

(1) “Preferential consideration” means that the relative seeking
placement shall be the first placement to be considered and
investigated.

(2) “Relative” means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words “great,” “great-great,” or “grand,” or the
spouse of any of these persons even if the marriage was terminated
by death or dissolution. However, only the following relatives
shall be given preferential consideration for the placement of the
child: an adult who is a grandparent, aunt, uncle, or sibling.

(d)  begin insert (1) end insert begin insert   end insert Subsequent to the hearing conducted pursuant to Section
358, begin delete whenever a new placement of the child must be made, end delete
consideration for placement shall again be given as described in
this section to relatives who have not been found to be unsuitable
and who will fulfill the child’s reunification or permanent plan
requirements. In addition to the factors described in subdivision
(a), the county social worker shall begin insert report and the court shall end insert
consider begin delete whether end delete begin insert all of the following factors: end insert

begin insert (A) end insert begin insert   end insert begin insert Whether end insert the relative has established and maintained a
relationship with the begin delete child. end delete begin insert child or is able and willing to do so. end insert

begin insert

(B) The length of time the child has been in his or her current
placement.

end insert begin insert

(C) The relationship of the child with the current caregiver.

end insert begin insert

(D) The child’s progress toward permanency with that
caregiver.

end insert begin insert

(E) The placement preference of the child.

end insert begin insert

(2) The Judicial Council shall adopt a rule of court on or before
January 1, 2017, that implements this subdivision in regard to the
consideration of relatives for placement subsequent to the hearing
conducted pursuant to Section 358.

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(e) If the court does not place the child with a relative who has
been considered for placement pursuant to this section, the court
shall state for the record the reasons placement with that relative
was denied.

(f) (1) With respect to a child who satisfies the criteria set forth
in paragraph (2), the department and any licensed adoption agency
may search for a relative and furnish identifying information
relating to the child to that relative if it is believed the child’s
welfare will be promoted thereby.

(2) Paragraph (1) shall apply if both of the following conditions
are satisfied:

(A) The child was previously a dependent of the court.

(B) The child was previously adopted and the adoption has been
disrupted, set aside pursuant to Section 9100 or 9102 of the Family
Code, or the child has been released into the custody of the
department or a licensed adoption agency by the adoptive parent
or parents.

(3) As used in this subdivision, “relative” includes a member
of the child’s birth family and nonrelated extended family
members, regardless of whether the parental rights were terminated,
provided that both of the following are true:

(A) No appropriate potential caretaker is known to exist from
the child’s adoptive family, including nonrelated extended family
members of the adoptive family.

(B) The child was not the subject of a voluntary relinquishment
by the birth parents pursuant to Section 8700 of the Family Code
or Section 1255.7 of the Health and Safety Code.

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begin insert SEC. 2. end insert   

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begin insert To the extent that this act has an overall effect of
increasing the costs already borne by a local agency for programs
or levels of service mandated by the 2011 Realignment Legislation
within the meaning of Section 36 of Article XIII of the California
Constitution, it shall apply to local agencies only to the extent that
the state provides annual funding for the cost increase. Any new
program or higher level of service provided by a local agency
pursuant to this act above the level for which funding has been
provided shall not require a subvention of funds by the state nor
otherwise be subject to Section 6 of Article XIII end insert begin insert   end insert begin insert B of the California
Constitution. end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation to ensure the best possible outcome for children
removed from the physical custody of his or her parents.

end delete