Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 519


Introduced by Assembly Member McCarty

February 23, 2015


begin deleteAn act to amend Section 202 of the Welfare and Institutions Code, relating to juveniles. end deletebegin insertAn act to amend Sections 361.2, 361.3, 361.5, 366, 366.21, 366.22, 366.25, 366.26, 366.27, 366.3, 706.5, 706.6, 727.2, 727.3, 11400,end insertbegin insert and 16501.1 of, and to add Sections 371, 372, and 727.45 to, the Welfare and Institutions Code, relating to foster youth.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 519, as amended, McCarty. begin deleteJuveniles. end deletebegin insertFoster youth: permanency.end insert

begin insert

Existing law provides that a minor may be removed from the physical custody of his or her parents if there is a substantial danger to the physical health of the child or the child is suffering severe emotional damage and there are no reasonable means to protect the child without removing him or her. Additionally, a minor who is in wardship proceedings may be removed from the physical custody of his or her parents if the court finds that one of several facts is present, including that the parent or guardian is incapable of providing or has failed to provide proper maintenance, training, and education for the minor. When a minor is removed from the physical custody of his or her parents in dependency or wardship proceedings, existing law generally requires that reunification services be provided to a minor and his or her family. Existing law also provides for periodic status review hearings, at which the court must return a minor to the physical custody of his or her parents unless the court makes specified findings. Existing law requires, if a minor is not returned to the physical custody of his or her parents, the juvenile court to devise a permanency plan, including, among others, an order that the child be placed for adoption, an order that a legal guardian be appointed, or an order that the child remain in another planned permanent living arrangement or long-term foster care. Existing law requires, prior to ordering a dependent child to remain in another planned permanent living arrangement or long-term foster care as his or her permanency plan, the court to make a finding that the child is not a proper subject for adoption and has no one willing to accept legal guardianship.

end insert
begin insert

This bill would generally delete references to “long-term foster care” and, instead, refer to that permanency plan as “another planned permanent living arrangement” and would establish a new permanency plan option of placement with a fit and willing relative. The bill would prohibit a child under 16 years of age from having as his or her permanency plan continued placement in another planned permanent living arrangement and would require a child 16 years of age or older to be receiving specialized permanency services in order to continue in another planned permanent living arrangement. The bill would require for any child who has as his or her permanency plan another planned permanent living arrangement, and would authorize for children under 16 years of age and in an out-of-home placement, the placing agency to, among other things, conduct intensive and ongoing efforts to return the child home or secure a placement for the child with a fit and willing relative, a legal guardian, or an adoptive parent. The bill would also require for any child who has as his or her permanency plan another planned permanent living arrangement, and would authorize for children under 16 years of age and in an out-of-home placement, the court, at each permanency hearing to, among other things, review the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the placing agency to return the child home or secure a placement for the child with a fit and willing relative, a legal guardian, or an adoptive parent and to redetermine the appropriateness of placement. The bill would require, prior to a child being deemed not a proper subject for adoption or as having no one willing to accept legal guardianship, the child to receive specialized permanency services. The bill would also require, commencing January 1, 2017, in any case in which the court has ordered a dependent child or a ward of the juvenile court placed for adoption or has appointed a relative or nonrelative legal guardian, the social worker or probation officer to provide the prospective adoptive family or the guardian or guardians specified mental health treatment information. By expanding the duties of social workers and probation officers with regard to the provision of child welfare services, this bill would impose a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

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

end insert
begin delete

The Arnold-Kennick Juvenile Court Law establishes the jurisdiction of the juvenile court, which may adjudge a minor to be a dependent or ward of the court if the minor has been abused or neglected, or if the minor has violated a law or ordinance, respectively. Existing law requires that minors under the jurisdiction of the juvenile court as a consequence of delinquent conduct receive care, treatment, and guidance that is consistent with their best interests, that holds them accountable for their behavior, and that is appropriate for their circumstances.

end delete
begin delete

This bill would make technical, nonsubstantive changes to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

(a) The Legislature finds and declares all of the
2following:

end insert
begin insert

3(1) As of September 30, 2014, there were 62,545 California
4children living in the foster care system, with 16,561 children, or
5approximately 26 percent, in foster care for over three years, and
69,780 children, or approximately 16 percent, in care for over five
7years. Adult outcomes are often poor for the children who
8emancipate from foster care without a permanent family. Within
9two years of exiting the foster care system, approximately 50
10percent of former foster youth will be homeless, in prison,
11victimized, or dead.

end insert
begin insert

12(2) Families committing to adoption or guardianship of children
13in foster care may face challenges unique to the adoption or
14guardianship experience that result from the trauma of the child’s
15adverse childhood experiences. These challenges can create stress
P4    1that puts the adoption or guardianship at risk of disruption and
2potentially result in the child’s reentry into the foster care system.

end insert
begin insert

3(3) Provisions of the Preventing Sex Trafficking and
4Strengthening Families Act (Public Law 113-183) address the
5need to enhance efforts to improve permanency outcomes for older
6children in care by eliminating the use of other planned permanent
7living arrangements as a permanent plan for children under 16
8years of age.

end insert
begin insert

9(4) The new law also requires documentation of intensive and
10ongoing efforts to achieve permanence for youth with a case plan
11for another planned permanent living arrangement, and adds
12additional case plan and case plan review system requirements
13for children 16 years of age and older.

end insert
begin insert

14(b) It is the intent of the Legislature in enacting this act to
15improve permanency outcomes and stability for older children in
16foster care and to bring California into compliance with provisions
17of the Preventing Sex Trafficking and Strengthening Families Act
18by doing all of the following:

end insert
begin insert

19(1) Providing resources and incentives to counties to improve
20permanency outcomes for older children and youth in foster care
21by updating current California law to require that any federal
22adoption incentives received be used for that purpose.

end insert
begin insert

23(2) Improving the stability of adoptive and guardianship families
24by requiring the State Department of Social Services, county
25adoption agencies, county child welfare agencies, and licensed
26adoption agencies to provide potential adoptive families and
27guardians information, in writing, regarding the importance of
28working with mental health providers that have specialized
29adoption or permanency clinical training and experience if the
30family needs clinical support and the desirable clinical expertise
31the family should look for when choosing an adoption- or
32permanency-competent mental health professional.

end insert
begin insert

33(3) Improving permanency outcomes for children in foster care
34by doing all of the following:

end insert
begin insert

35(A) Requiring child-centered specialized permanency services
36prior to deeming a child “unlikely to be adopted,” “not a proper
37subject for adoption,” or “having no one willing to take legal
38guardianship,” and prior to, and after, making a permanency plan
39for another planned permanent living arrangement or ordering a
40child into long-term foster care.

end insert
begin insert

P5    1(B) Eliminating the use of another planned permanent living
2arrangements as permanency plans for children under 16 years
3of age.

end insert
begin insert

4(C) Adding “placement with a fit and willing relative” as a
5permanency planning option.

end insert
6begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 361.2 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
7amended to read:end insert

8

361.2.  

(a) When a court orders removal of a child pursuant to
9Section 361, the court shall first determine whether there is a parent
10of the child, with whom the child was not residing at the time that
11the events or conditions arose that brought the child within the
12 provisions of Section 300, who desires to assume custody of the
13child. If that parent requests custody, the court shall place the child
14with the parent unless it finds that placement with that parent would
15be detrimental to the safety, protection, or physical or emotional
16well-being of the child. The fact that the parent is enrolled in a
17certified substance abuse treatment facility that allows a dependent
18child to reside with his or her parent shall not be, for that reason
19alone, prima facie evidence that placement with that parent would
20be detrimental.

21(b) If the court places the child with that parent it may do any
22of the following:

23(1) Order that the parent become legal and physical custodian
24of the child. The court may also provide reasonable visitation by
25the noncustodial parent. The court shall then terminate its
26jurisdiction over the child. The custody order shall continue unless
27modified by a subsequent order of the superior court. The order
28of the juvenile court shall be filed in any domestic relation
29proceeding between the parents.

30(2) Order that the parent assume custody subject to the
31jurisdiction of the juvenile court and require that a home visit be
32conducted within three months. In determining whether to take
33the action described in this paragraph, the court shall consider any
34concerns that have been raised by the child’s current caregiver
35regarding the parent. After the social worker conducts the home
36visit and files his or her report with the court, the court may then
37take the action described in paragraph (1), (3), or this paragraph.
38However, nothing in this paragraph shall be interpreted to imply
39that the court is required to take the action described in this
P6    1paragraph as a prerequisite to the court taking the action described
2in either paragraph (1) or (3).

3(3) Order that the parent assume custody subject to the
4supervision of the juvenile court. In that case the court may order
5that reunification services be provided to the parent or guardian
6from whom the child is being removed, or the court may order that
7services be provided solely to the parent who is assuming physical
8custody in order to allow that parent to retain later custody without
9court supervision, or that services be provided to both parents, in
10which case the court shall determine, at review hearings held
11pursuant to Section 366, which parent, if either, shall have custody
12of the child.

13(c) The court shall make a finding either in writing or on the
14record of the basis for its determination under subdivisions (a) and
15(b).

16(d) Part 6 (commencing with Section 7950) of Division 12 of
17the Family Code shall apply to the placement of a child pursuant
18to paragraphs (1) and (2) of subdivision (e).

19(e) When the court orders removal pursuant to Section 361, the
20court shall order the care, custody, control, and conduct of the
21child to be under the supervision of the social worker who may
22place the child in any of the following:

23(1) The home of a noncustodial parent as described in
24subdivision (a), regardless of the parent’s immigration status.

25(2) The approved home of a relative, regardless of the relative’s
26immigration status.

27(3) The approved home of a nonrelative extended family
28member as defined in Section 362.7.

29(4) The approved home of a resource family as defined in
30Section 16519.5.

31(5) A foster home in which the child has been placed before an
32interruption in foster care, if that placement is in the best interest
33of the child and space is available.

34(6) A suitable licensed community care facility, except a
35runaway and homeless youth shelter licensed by the State
36Department of Social Services pursuant to Section 1502.35 of the
37Health and Safety Code.

38(7) With a foster family agency to be placed in a suitable
39licensed foster family home or certified family home which has
40been certified by the agency as meeting licensing standards.

P7    1(8) A home or facility in accordance with the federal Indian
2Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

3(9) A child under six years of age may be placed in a community
4care facility licensed as a group home for children, or a temporary
5shelter care facility as defined in Section 1530.8 of the Health and
6Safety Code, only under any of the following circumstances:

7(A) (i) When a case plan indicates that placement is for purposes
8of providing short term, specialized, and intensive treatment to the
9child, the case plan specifies the need for, nature of, and anticipated
10duration of this treatment, pursuant to paragraph (2) of subdivision
11(c) of Section 16501.1, the facility meets the applicable regulations
12adopted under Section 1530.8 of the Health and Safety Code and
13standards developed pursuant to Section 11467.1 of this code, and
14the deputy director or director of the county child welfare
15department or an assistant chief probation officer or chief probation
16officer of the county probation department has approved the case
17plan.

18(ii) The short term, specialized, and intensive treatment period
19shall not exceed 120 days, unless the county has made progress
20toward or is actively working toward implementing the case plan
21that identifies the services or supports necessary to transition the
22child to a family setting, circumstances beyond the county’s control
23have prevented the county from obtaining those services or
24supports within the timeline documented in the case plan, and the
25need for additional time pursuant to the case plan is documented
26by the caseworker and approved by a deputy director or director
27of the county child welfare department or an assistant chief
28probation officer or chief probation officer of the county probation
29department.

30(iii) To the extent that placements pursuant to this paragraph
31are extended beyond an initial 120 days, the requirements of
32clauses (i) and (ii) shall apply to each extension. In addition, the
33deputy director or director of the county child welfare department
34or an assistant chief probation officer or chief probation officer of
35the county probation department shall approve the continued
36placement no less frequently than every 60 days.

37(B) When a case plan indicates that placement is for purposes
38of providing family reunification services. In addition, the facility
39offers family reunification services that meet the needs of the
40individual child and his or her family, permits parents to have
P8    1reasonable access to their children 24 hours a day, encourages
2extensive parental involvement in meeting the daily needs of their
3children, and employs staff trained to provide family reunification
4services. In addition, one of the following conditions exists:

5(i) The child’s parent is also a ward of the court and resides in
6the facility.

7(ii) The child’s parent is participating in a treatment program
8affiliated with the facility and the child’s placement in the facility
9facilitates the coordination and provision of reunification services.

10(iii) Placement in the facility is the only alternative that permits
11the parent to have daily 24-hour access to the child in accordance
12with the case plan, to participate fully in meeting all of the daily
13needs of the child, including feeding and personal hygiene, and to
14have access to necessary reunification services.

15(10) (A) A child who is 6 to 12 years of age, inclusive, may be
16placed in a community care facility licensed as a group home for
17children only when a case plan indicates that placement is for
18purposes of providing short term, specialized, and intensive
19treatment for the child, the case plan specifies the need for, nature
20of, and anticipated duration of this treatment, pursuant to paragraph
21(2) of subdivision (c) of Section 16501.1, and is approved by the
22deputy director or director of the county child welfare department
23or an assistant chief probation officer or chief probation officer of
24the county probation department.

25(B) The short term, specialized, and intensive treatment period
26shall not exceed six months, unless the county has made progress
27or is actively working toward implementing the case plan that
28identifies the services or supports necessary to transition the child
29to a family setting, circumstances beyond the county’s control
30have prevented the county from obtaining those services or
31supports within the timeline documented in the case plan, and the
32need for additional time pursuant to the case plan is documented
33by the caseworker and approved by a deputy director or director
34of the county child welfare department or an assistant chief
35probation officer or chief probation officer of the county probation
36department.

37(C) To the extent that placements pursuant to this paragraph are
38extended beyond an initial six months, the requirements of
39subparagraphs (A) and (B) shall apply to each extension. In
40addition, the deputy director or director of the county child welfare
P9    1department or an assistant chief probation officer or chief probation
2officer of the county probation department shall approve the
3continued placement no less frequently than every 60 days.

4(11) Nothing in this subdivision shall be construed to allow a
5social worker to place any dependent child outside the United
6States, except as specified in subdivision (f).

7(f) (1) A child under the supervision of a social worker pursuant
8to subdivision (e) shall not be placed outside the United States
9prior to a judicial finding that the placement is in the best interest
10of the child, except as required by federal law or treaty.

11(2) The party or agency requesting placement of the child outside
12the United States shall carry the burden of proof and shall show,
13by clear and convincing evidence, that placement outside the
14United States is in the best interest of the child.

15(3) In determining the best interest of the child, the court shall
16consider, but not be limited to, the following factors:

17(A) Placement with a relative.

18(B) Placement of siblings in the same home.

19(C) Amount and nature of any contact between the child and
20the potential guardian or caretaker.

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

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

23(F) Social, cultural, and educational needs of the dependent
24child.

25(G) Specific desires of any dependent child who is 12 years of
26age or older.

27(4) If the court finds that a placement outside the United States
28is, by clear and convincing evidence, in the best interest of the
29child, the court may issue an order authorizing the social worker
30to make a placement outside the United States. A child subject to
31this subdivision shall not leave the United States prior to the
32issuance of the order described in this paragraph.

33(5) For purposes of this subdivision, “outside the United States”
34shall not include the lands of any federally recognized American
35Indian tribe or Alaskan Natives.

36(6) This subdivision shall not apply to the placement of a
37dependent child with a parent pursuant to subdivision (a).

38(g) (1) If the child is taken from the physical custody of the
39child’s parent or guardian and unless the child is placed with
40begin delete relatives,end deletebegin insert relatives or nonrelative extended family members,end insert the
P10   1child shall be placed in foster care in the county of residence of
2the child’s parent or guardian in order to facilitate reunification of
3the family.

4(2) In the event that there are no appropriate placements
5available in the parent’s or guardian’s county of residence, a
6placement may be made in an appropriate place in another county,
7preferably a county located adjacent to the parent’s or guardian’s
8community of residence.

9(3) Nothing in this section shall be interpreted as requiring
10multiple disruptions of the child’s placement corresponding to
11frequent changes of residence by the parent or guardian. In
12determining whether the child should be moved, the social worker
13shall take into consideration the potential harmful effects of
14disrupting the placement of the child and the parent’s or guardian’s
15reason for the move.

16(4) When it has been determined that it is necessary for a child
17to be placed in a county other than the child’s parent’s or guardian’s
18county of residence, the specific reason the out-of-county
19placement is necessary shall be documented in the child’s case
20plan. If the reason the out-of-county placement is necessary is the
21lack of resources in the sending county to meet the specific needs
22of the child, those specific resource needs shall be documented in
23the case plan.

24(5) When it has been determined that a child is to be placed out
25of county either in a group home or with a foster family agency
26for subsequent placement in a certified foster family home, and
27the sending county is to maintain responsibility for supervision
28and visitation of the child, the sending county shall develop a plan
29of supervision and visitation that specifies the supervision and
30visitation activities to be performed and specifies that the sending
31county is responsible for performing those activities. In addition
32to the plan of supervision and visitation, the sending county shall
33document information regarding any known or suspected dangerous
34behavior of the child that indicates the child may pose a safety
35concern in the receiving county. Upon implementation of the Child
36Welfare Services Case Management System, the plan of
37supervision and visitation, as well as information regarding any
38known or suspected dangerous behavior of the child, shall be made
39available to the receiving county upon placement of the child in
40the receiving county. If placement occurs on a weekend or holiday,
P11   1the information shall be made available to the receiving county on
2or before the end of the next business day.

3(6) When it has been determined that a child is to be placed out
4of county and the sending county plans that the receiving county
5shall be responsible for the supervision and visitation of the child,
6the sending county shall develop a formal agreement between the
7sending and receiving counties. The formal agreement shall specify
8the supervision and visitation to be provided the child, and shall
9specify that the receiving county is responsible for providing the
10supervision and visitation. The formal agreement shall be approved
11and signed by the sending and receiving counties prior to placement
12of the child in the receiving county. In addition, upon completion
13of the case plan, the sending county shall provide a copy of the
14completed case plan to the receiving county. The case plan shall
15include information regarding any known or suspected dangerous
16behavior of the child that indicates the child may pose a safety
17concern to the receiving county.

18(h) Whenever the social worker must change the placement of
19the child and is unable to find a suitable placement within the
20county and must place the child outside the county, the placement
21shall not be made until he or she has served written notice on the
22parent or guardian at least 14 days prior to the placement, unless
23the child’s health or well-being is endangered by delaying the
24action or would be endangered if prior notice were given. The
25notice shall state the reasons which require placement outside the
26county. The parent or guardian may object to the placement not
27later than seven days after receipt of the notice and, upon objection,
28the court shall hold a hearing not later than five days after the
29objection and prior to the placement. The court shall order
30out-of-county placement if it finds that the child’s particular needs
31require placement outside the county.

32(i) begin deleteWhere end deletebegin insertWhen end insertthe court has ordered removal of the child from
33the physical custody of his or her parents pursuant to Section 361,
34the court shall consider whether the family ties and best interest
35of the child will be served by granting visitation rights to the child’s
36grandparents. The court shall clearly specify those rights to the
37social worker.

38(j) begin deleteWhere end deletebegin insertWhen end insertthe court has ordered removal of the child from
39the physical custody of his or her parents pursuant to Section 361,
40the court shall consider whether there are any siblings under the
P12   1court’s jurisdiction, or any nondependent siblings in the physical
2custody of a parent subject to the court’s jurisdiction, the nature
3of the relationship between the child and his or her siblings, the
4 appropriateness of developing or maintaining the sibling
5relationships pursuant to Section 16002, and the impact of the
6sibling relationships on the child’s placement and planning for
7legal permanence.

8(k) (1) An agency shall ensure placement of a child in a home
9that, to the fullest extent possible, best meets the day-to-day needs
10of the child. A home that best meets the day-to-day needs of the
11child shall satisfy all of the following criteria:

12(A) The child’s caregiver is able to meet the day-to-day health,
13safety, and well-being needs of the child.

14(B) The child’s caregiver is permitted to maintain the least
15restrictive and most family-like environment that serves the
16day-to-day needs of the child.

17(C) The child is permitted to engage in reasonable,
18age-appropriate day-to-day activities that promote the most
19family-like environment for the foster child.

20(2) The foster child’s caregiver shall use a reasonable and
21prudent parent standard, as defined in paragraph (2) of subdivision
22(a) of Section 362.04, to determine day-to-day activities that are
23age appropriate to meet the needs of the child. Nothing in this
24section shall be construed to permit a child’s caregiver to permit
25the child to engage in day-to-day activities that carry an
26unreasonable risk of harm, or subject the child to abuse or neglect.

27begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 361.3 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
28amended to read:end insert

29

361.3.  

(a) In any case in which a child is removed from the
30physical custody of his or her parents pursuant to Section 361,
31preferential consideration shall be given to a request by a relative
32of the child for placement of the child with the relative, regardless
33of the relative’s immigration status. In determining whether
34placement with a relative is appropriate, the county social worker
35and court shall consider, but shall not be limited to, consideration
36of all the following factors:

37(1) The best interest of the child, including special physical,
38psychological, educational, medical, or emotional needs.

39(2) The wishes of the parent, the relative, and child, if
40appropriate.

P13   1(3) The provisions of Part 6 (commencing with Section 7950)
2of Division 12 of the Family Code regarding relative placement.

3(4) Placement of siblings and half siblings in the same home,
4unless that placement is found to be contrary to the safety and
5well-being of any of the siblings, as provided in Section 16002.

6(5) The good moral character of the relative and any other adult
7living in the home, including whether any individual residing in
8the home has a prior history of violent criminal acts or has been
9responsible for acts of child abuse or neglect.

10(6) Thebegin delete nature and duration of the relationship between the child
11and the relative, and theend delete
relative’s desire to care for, and to provide
12legal permanency for, the child if reunification is unsuccessful.

13(7) The ability of the relative to do the following:

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

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

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

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

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

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

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

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

22However, any finding made with respect to the factor considered
23pursuant to this subparagraph and pursuant to subparagraph (G)
24shall not be the sole basis for precluding preferential placement
25with a relative.

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

27(8) The safety of the relative’s home. For a relative to be
28considered appropriate to receive placement of a child under this
29section, the relative’s home shall first be approved pursuant to the
30 process and standards described in subdivision (d) of Section 309.

31In this regard, the Legislature declares that a physical disability,
32such as blindness or deafness, is no bar to the raising of children,
33and a county social worker’s determination as to the ability of a
34disabled relative to exercise care and control should center upon
35whether the relative’s disability prevents him or her from exercising
36care and control. The court shall order the parent to disclose to the
37county social worker the names, residences, and any other known
38identifying information of any maternal or paternal relatives of
39the child. This inquiry shall not be construed, however, to guarantee
40that the child will be placed with any person so identified. The
P14   1county social worker shall initially contact the relatives given
2preferential consideration for placement to determine if they desire
3the child to be placed with them. Those desiring placement shall
4be assessed according to the factors enumerated in this subdivision.
5The county social worker shall document these efforts in the social
6study prepared pursuant to Section 358.1. The court shall authorize
7the county social worker, while assessing these relatives for the
8possibility of placement, to disclose to the relative, as appropriate,
9the fact that the child is in custody, the alleged reasons for the
10custody, and the projected likely date for the child’s return home
11or placement for adoption or legal guardianship. However, this
12investigation shall not be construed as good cause for continuance
13of the dispositional hearing conducted pursuant to Section 358.

14(b) In any case in which more than one appropriate relative
15requests preferential consideration pursuant to this section, each
16relative shall be considered under the factors enumerated in
17subdivision (a). Consistent with the legislative intent for children
18to be placed immediately with a responsible relative, this section
19 does not limit the county social worker’s ability to place a child
20in the home of an appropriate relative or a nonrelative extended
21family member pending the consideration of other relatives who
22have requested preferential consideration.

23(c) For purposes of this section:

24(1) “Preferential consideration” means that the relative seeking
25placement shall be the first placement to be considered and
26investigated.

27(2) “Relative” means an adult who is related to the child by
28blood, adoption, or affinity within the fifth degree of kinship,
29including stepparents, stepsiblings, and all relatives whose status
30is preceded by the words “great,” “great-great,” or “grand,” or the
31spouse of any of these persons even if the marriage was terminated
32by death or dissolution. However, only the following relatives
33shall be given preferential consideration for the placement of the
34child: an adult who is a grandparent, aunt, uncle, or sibling.

35(d) Subsequent to the hearing conducted pursuant to Section
36358, whenever a new placement of the child must be made,
37consideration for placement shall again be given as described in
38this section to relatives who have not been found to be unsuitable
39and who will fulfill the child’s reunification or permanent plan
40requirements.begin delete In addition to the factors described in subdivision
P15   1(a), the county social worker shall consider whether the relative
2has established and maintained a relationship with the child.end delete

3(e) If the court does not place the child with a relative who has
4been considered for placement pursuant to this section, the court
5shall state for the record the reasons placement with that relative
6was denied.

7(f) (1) With respect to a child who satisfies the criteria set forth
8in paragraph (2), the department and any licensed adoption agency
9may search for a relative and furnish identifying information
10relating to the child to that relative if it is believed the child’s
11welfare will be promoted thereby.

12(2) Paragraph (1) shall apply if both of the following conditions
13are satisfied:

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

15(B) The child was previously adopted and the adoption has been
16disrupted, set aside pursuant to Section 9100 or 9102 of the Family
17Code, or the child has been released into the custody of the
18department or a licensed adoption agency by the adoptive parent
19or parents.

20(3) As used in this subdivision, “relative” includes a member
21of the child’s birth family and nonrelated extended family
22members, regardless of whether the parental rights were terminated,
23provided that both of the following are true:

24(A) No appropriate potential caretaker is known to exist from
25the child’s adoptive family, including nonrelated extended family
26members of the adoptive family.

27(B) The child was not the subject of a voluntary relinquishment
28by the birth parents pursuant to Section 8700 of the Family Code
29or Section 1255.7 of the Health and Safety Code.

30begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 361.5 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
31amended to read:end insert

32

361.5.  

(a) Except as provided in subdivision (b), or when the
33parent has voluntarily relinquished the child and the relinquishment
34has been filed with the State Department of Social Services, or
35upon the establishment of an order of guardianship pursuant to
36Section 360, or when a court adjudicates a petition under Section
37329 to modify the court’s jurisdiction from delinquency jurisdiction
38to dependency jurisdiction pursuant to subparagraph (A) of
39paragraph (2) of subdivision (b) of Section 607.2 and the parents
40or guardian of the ward have had reunification services terminated
P16   1under the delinquency jurisdiction, whenever a child is removed
2from a parent’s or guardian’s custody, the juvenile court shall order
3the social worker to provide child welfare services to the child and
4the child’s mother and statutorily presumed father or guardians.
5Upon a finding and declaration of paternity by the juvenile court
6or proof of a prior declaration of paternity by any court of
7competent jurisdiction, the juvenile court may order services for
8the child and the biological father, if the court determines that the
9services will benefit the child.

10(1) Family reunification services, when provided, shall be
11provided as follows:

12(A) Except as otherwise provided in subparagraph (C), for a
13child who, on the date of initial removal from the physical custody
14of his or her parent or guardian, was three years of age or older,
15court-ordered services shall be provided beginning with the
16dispositional hearing and ending 12 months after the date the child
17entered foster care as provided in Section 361.49, unless the child
18is returned to the home of the parent or guardian.

19(B) For a child who, on the date of initial removal from the
20physical custody of his or her parent or guardian, was under three
21years of age, court-ordered services shall be provided for a period
22of six months from the dispositional hearing as provided in
23subdivision (e) of Section 366.21, but no longer than 12 months
24from the date the child entered foster care as provided in Section
25361.49 unless the child is returned to the home of the parent or
26guardian.

27(C) For the purpose of placing and maintaining a sibling group
28together in a permanent home should reunification efforts fail, for
29a child in a sibling group whose members were removed from
30parental custody at the same time, and in which one member of
31the sibling group was under three years of age on the date of initial
32removal from the physical custody of his or her parent or guardian,
33court-ordered services for some or all of the sibling group may be
34limited as set forth in subparagraph (B). For the purposes of this
35paragraph, “a sibling group” shall mean two or more children who
36are related to each other as full or half siblings.

37(2) Any motion to terminate court-ordered reunification services
38prior to the hearing set pursuant to subdivision (f) of Section 366.21
39for a child described by subparagraph (A) of paragraph (1), or
40prior to the hearing set pursuant to subdivision (e) of Section
P17   1366.21 for a child described by subparagraph (B) or (C) of
2paragraph (1), shall be made pursuant to the requirements set forth
3in subdivision (c) of Section 388. A motion to terminate
4court-ordered reunification services shall not be required at the
5hearing set pursuant to subdivision (e) of Section 366.21 if the
6court finds by clear and convincing evidence one of the following:

7(A) That the child was removed initially under subdivision (g)
8of Section 300 and the whereabouts of the parent are still unknown.

9(B) That the parent has failed to contact and visit the child.

10(C) That the parent has been convicted of a felony indicating
11parental unfitness.

12(3) Notwithstanding subparagraphs (A), (B), and (C) of
13paragraph (1), court-ordered services may be extended up to a
14maximum time period not to exceed 18 months after the date the
15child was originally removed from physical custody of his or her
16parent or guardian if it can be shown, at the hearing held pursuant
17to subdivision (f) of Section 366.21, that the permanent plan for
18the child is that he or she will be returned and safely maintained
19in the home within the extended time period. The court shall extend
20the time period only if it finds that there is a substantial probability
21that the child will be returned to the physical custody of his or her
22parent or guardian within the extended time period or that
23reasonable services have not been provided to the parent or
24guardian. In determining whether court-ordered services may be
25extended, the court shall consider the special circumstances of an
26incarcerated or institutionalized parent or parents, parent or parents
27court-ordered to a residential substance abuse treatment program,
28or a parent who has been arrested and issued an immigration hold,
29detained by the United States Department of Homeland Security,
30or deported to his or her country of origin, including, but not
31limited to, barriers to the parent’s or guardian’s access to services
32and ability to maintain contact with his or her child. The court
33shall also consider, among other factors, good faith efforts that the
34parent or guardian has made to maintain contact with the child. If
35the court extends the time period, the court shall specify the factual
36basis for its conclusion that there is a substantial probability that
37the child will be returned to the physical custody of his or her
38parent or guardian within the extended time period. The court also
39shall make findings pursuant to subdivision (a) of Section 366 and
40subdivision (e) of Section 358.1.

P18   1When counseling or other treatment services are ordered, the
2parent or guardian shall be ordered to participate in those services,
3unless the parent’s or guardian’s participation is deemed by the
4court to be inappropriate or potentially detrimental to the child, or
5unless a parent or guardian is incarcerated of detained by the United
6States Department of Homeland Security and the corrections
7facility in which he or she is incarcerated does not provide access
8to the treatment services ordered by the court, or has been deported
9to his or her country of origin and services ordered by the court
10are not accessible in that country. Physical custody of the child by
11the parents or guardians during the applicable time period under
12subparagraph (A), (B), or (C) of paragraph (1) shall not serve to
13interrupt the running of the time period. If at the end of the
14applicable time period, a child cannot be safely returned to the
15care and custody of a parent or guardian without court supervision,
16but the child clearly desires contact with the parent or guardian,
17the court shall take the child’s desire into account in devising a
18permanency plan.

19In cases where the child was under three years of age on the date
20of the initial removal from the physical custody of his or her parent
21or guardian or is a member of a sibling group as described in
22subparagraph (C) of paragraph (1), the court shall inform the parent
23or guardian that the failure of the parent or guardian to participate
24regularly in any court-ordered treatment programs or to cooperate
25or avail himself or herself of services provided as part of the child
26welfare services case plan may result in a termination of efforts
27to reunify the family after six months. The court shall inform the
28parent or guardian of the factors used in subdivision (e) of Section
29366.21 to determine whether to limit services to six months for
30some or all members of a sibling group as described in
31subparagraph (C) of paragraph (1).

32(4) Notwithstanding paragraph (3), court-ordered services may
33be extended up to a maximum time period not to exceed 24 months
34after the date the child was originally removed from physical
35custody of his or her parent or guardian if it is shown, at the hearing
36held pursuant to subdivision (b) of Section 366.22, that the
37permanent plan for the child is that he or she will be returned and
38safely maintained in the home within the extended time period.
39The court shall extend the time period only if it finds that it is in
40the child’s best interest to have the time period extended and that
P19   1there is a substantial probability that the child will be returned to
2the physical custody of his or her parent or guardian who is
3described in subdivision (b) of Section 366.22 within the extended
4time period, or that reasonable services have not been provided to
5the parent or guardian. If the court extends the time period, the
6court shall specify the factual basis for its conclusion that there is
7a substantial probability that the child will be returned to the
8physical custody of his or her parent or guardian within the
9extended time period. The court also shall make findings pursuant
10to subdivision (a) of Section 366 and subdivision (e) of Section
11358.1.

12When counseling or other treatment services are ordered, the
13parent or guardian shall be ordered to participate in those services,
14in order for substantial probability to be found. Physical custody
15of the child by the parents or guardians during the applicable time
16period under subparagraph (A), (B), or (C) of paragraph (1) shall
17not serve to interrupt the running of the time period. If at the end
18of the applicable time period, the child cannot be safely returned
19to the care and custody of a parent or guardian without court
20supervision, but the child clearly desires contact with the parent
21or guardian, the court shall take the child’s desire into account in
22devising a permanency plan.

23Exceptbegin delete in cases where,end deletebegin insert when,end insert pursuant to subdivision (b), the
24court does not order reunification services, the court shall inform
25the parent or parents of Section 366.26 and shall specify that the
26parent’s or parents’ parental rights may be terminated.

27(b) Reunification services need not be provided to a parent or
28guardian described in this subdivision when the court finds, by
29clear and convincing evidence, any of the following:

30(1) That the whereabouts of the parent or guardian is unknown.
31A finding pursuant to this paragraph shall be supported by an
32affidavit or by proof that a reasonably diligent search has failed
33to locate the parent or guardian. The posting or publication of
34notices is not required in that search.

35(2) That the parent or guardian is suffering from a mental
36disability that is described in Chapter 2 (commencing with Section
377820) of Part 4 of Division 12 of the Family Code and that renders
38him or her incapable of utilizing those services.

39(3) That the child or a sibling of the child has been previously
40adjudicated a dependent pursuant to any subdivision of Section
P20   1300 as a result of physical or sexual abuse, that following that
2adjudication the child had been removed from the custody of his
3or her parent or guardian pursuant to Section 361, that the child
4has been returned to the custody of the parent or guardian from
5whom the child had been taken originally, and that the child is
6being removed pursuant to Section 361, due to additional physical
7or sexual abuse.

8(4) That the parent or guardian of the child has caused the death
9of another child through abuse or neglect.

10(5) That the child was brought within the jurisdiction of the
11court under subdivision (e) of Section 300 because of the conduct
12of that parent or guardian.

13(6) That the child has been adjudicated a dependent pursuant
14to any subdivision of Section 300 as a result of severe sexual abuse
15or the infliction of severe physical harm to the child, a sibling, or
16a half sibling by a parent or guardian, as defined in this subdivision,
17and the court makes a factual finding that it would not benefit the
18child to pursue reunification services with the offending parent or
19guardian.

20A finding of severe sexual abuse, for the purposes of this
21subdivision, may be based on, but is not limited to, sexual
22intercourse, or stimulation involving genital-genital, oral-genital,
23anal-genital, or oral-anal contact, whether between the parent or
24guardian and the child or a sibling or half sibling of the child, or
25between the child or a sibling or half sibling of the child and
26another person or animal with the actual or implied consent of the
27parent or guardian; or the penetration or manipulation of the
28child’s, sibling’s, or half sibling’s genital organs or rectum by any
29animate or inanimate object for the sexual gratification of the
30parent or guardian, or for the sexual gratification of another person
31with the actual or implied consent of the parent or guardian.

32A finding of the infliction of severe physical harm, for the
33purposes of this subdivision, may be based on, but is not limited
34to, deliberate and serious injury inflicted to or on a child’s body
35or the body of a sibling or half sibling of the child by an act or
36omission of the parent or guardian, or of another individual or
37animal with the consent of the parent or guardian; deliberate and
38torturous confinement of the child, sibling, or half sibling in a
39closed space; or any other torturous act or omission that would be
40reasonably understood to cause serious emotional damage.

P21   1(7) That the parent is not receiving reunification services for a
2sibling or a half sibling of the child pursuant to paragraph (3), (5),
3or (6).

4(8) That the child was conceived by means of the commission
5of an offense listed in Section 288 or 288.5 of the Penal Code, or
6by an act committed outside of this state that, if committed in this
7state, would constitute one of those offenses. This paragraph only
8applies to the parent who committed the offense or act.

9(9) That the child has been found to be a child described in
10subdivision (g) of Section 300; that the parent or guardian of the
11child willfully abandoned the child, and the court finds that the
12 abandonment itself constituted a serious danger to the child; or
13that the parent or other person having custody of the child
14voluntarily surrendered physical custody of the child pursuant to
15Section 1255.7 of the Health and Safety Code. For the purposes
16of this paragraph, “serious danger” means that without the
17intervention of another person or agency, the child would have
18sustained severe or permanent disability, injury, illness, or death.
19For purposes of this paragraph, “willful abandonment” shall not
20be construed as actions taken in good faith by the parent without
21the intent of placing the child in serious danger.

22(10) That the court ordered termination of reunification services
23for any siblings or half siblings of the child because the parent or
24guardian failed to reunify with the sibling or half sibling after the
25sibling or half sibling had been removed from that parent or
26guardian pursuant to Section 361 and that parent or guardian is
27 the same parent or guardian described in subdivision (a) and that,
28according to the findings of the court, this parent or guardian has
29not subsequently made a reasonable effort to treat the problems
30that led to removal of the sibling or half sibling of that child from
31that parent or guardian.

32(11) That the parental rights of a parent over any sibling or half
33sibling of the child had been permanently severed, and this parent
34is the same parent described in subdivision (a), and that, according
35to the findings of the court, this parent has not subsequently made
36a reasonable effort to treat the problems that led to removal of the
37sibling or half sibling of that child from the parent.

38(12) That the parent or guardian of the child has been convicted
39of a violent felony, as defined in subdivision (c) of Section 667.5
40of the Penal Code.

P22   1(13) That the parent or guardian of the child has a history of
2extensive, abusive, and chronic use of drugs or alcohol and has
3resisted prior court-ordered treatment for this problem during a
4three-year period immediately prior to the filing of the petition
5that brought that child to the court’s attention, or has failed or
6refused to comply with a program of drug or alcohol treatment
7described in the case plan required by Section 358.1 on at least
8two prior occasions, even though the programs identified were
9available and accessible.

10(14) That the parent or guardian of the child has advised the
11court that he or she is not interested in receiving family
12maintenance or family reunification services or having the child
13returned to or placed in his or her custody and does not wish to
14receive family maintenance or reunification services.

15The parent or guardian shall be represented by counsel and shall
16execute a waiver of services form to be adopted by the Judicial
17Council. The court shall advise the parent or guardian of any right
18to services and of the possible consequences of a waiver of
19services, including the termination of parental rights and placement
20of the child for adoption. The court shall not accept the waiver of
21services unless it states on the record its finding that the parent or
22guardian has knowingly and intelligently waived the right to
23services.

24(15) That the parent or guardian has on one or more occasions
25willfully abducted the child or child’s sibling or half sibling from
26his or her placement and refused to disclose the child’s or child’s
27sibling’s or half sibling’s whereabouts, refused to return physical
28custody of the child or child’s sibling or half sibling to his or her
29placement, or refused to return physical custody of the child or
30child’s sibling or half sibling to the social worker.

31(16) That the parent or guardian has been required by the court
32to be registered on a sex offender registry under the federal Adam
33Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Sec.
3416913(a)), as required in Section 106(b)(2)(B)(xvi)(VI) of the
35Child Abuse Prevention and Treatment Act of 2006 (42 U.S.C.
36Sec. 5106a(2)(B)(xvi)(VI)).

37(c) In deciding whether to order reunification in any case in
38which this section applies, the court shall hold a dispositional
39hearing. The social worker shall prepare a report that discusses
40whether reunification services shall be provided. When it is alleged,
P23   1pursuant to paragraph (2) of subdivision (b), that the parent is
2incapable of utilizing services due to mental disability, the court
3shall order reunification services unless competent evidence from
4mental health professionals establishes that, even with the provision
5of services, the parent is unlikely to be capable of adequately caring
6for the child within the time limits specified in subdivision (a).

7The court shall not order reunification for a parent or guardian
8described in paragraph (3), (4), (6), (7), (8), (9), (10), (11), (12),
9(13), (14), (15), or (16) of subdivision (b) unless the court finds,
10by clear and convincing evidence, that reunification is in the best
11interest of the child.

12In addition, the court shall not order reunification in any situation
13described in paragraph (5) of subdivision (b) unless it finds that,
14based on competent testimony, those services are likely to prevent
15reabuse or continued neglect of the child or that failure to try
16reunification will be detrimental to the child because the child is
17closely and positively attached to that parent. The social worker
18shall investigate the circumstances leading to the removal of the
19child and advise the court whether there are circumstances that
20indicate that reunification is likely to be successful or unsuccessful
21and whether failure to order reunification is likely to be detrimental
22to the child.

23The failure of the parent to respond to previous services, the fact
24that the child was abused while the parent was under the influence
25of drugs or alcohol, a past history of violent behavior, or testimony
26by a competent professional that the parent’s behavior is unlikely
27to be changed by services are among the factors indicating that
28reunification services are unlikely to be successful. The fact that
29a parent or guardian is no longer living with an individual who
30severely abused the child may be considered in deciding that
31reunification services are likely to be successful, provided that the
32court shall consider any pattern of behavior on the part of the parent
33that has exposed the child to repeated abuse.

34(d) If reunification services are not ordered pursuant to
35paragraph (1) of subdivision (b) and the whereabouts of a parent
36become known within six months of the out-of-home placement
37of the child, the court shall order the social worker to provide
38family reunification services in accordance with this subdivision.

39(e) (1) If the parent or guardian is incarcerated, institutionalized,
40or detained by the United States Department of Homeland Security,
P24   1or has been deported to his or her country of origin, the court shall
2order reasonable services unless the court determines, by clear and
3convincing evidence, those services would be detrimental to the
4child. In determining detriment, the court shall consider the age
5of the child, the degree of parent-child bonding, the length of the
6sentence, the length and nature of the treatment, the nature of the
7crime or illness, the degree of detriment to the child if services are
8not offered and, for children 10 years of age or older, the child’s
9attitude toward the implementation of family reunification services,
10the likelihood of the parent’s discharge from incarceration,
11institutionalization, or detention within the reunification time
12limitations described in subdivision (a), and any other appropriate
13factors. In determining the content of reasonable services, the court
14shall consider the particular barriers to an incarcerated,
15institutionalized, detained, or deported parent’s access to those
16court-mandated services and ability to maintain contact with his
17or her child, and shall document this information in the child’s
18case plan. Reunification services are subject to the applicable time
19limitations imposed in subdivision (a). Services may include, but
20shall not be limited to, all of the following:

21(A) Maintaining contact between the parent and child through
22collect telephone calls.

23(B) Transportation services,begin delete whereend deletebegin insert whenend insert appropriate.

24(C) Visitation services,begin delete whereend deletebegin insert whenend insert appropriate.

25(D) Reasonable services to extended family members or foster
26parents providing care for the child if the services are not
27detrimental to the child.

28An incarcerated or detained parent may be required to attend
29counseling, parenting classes, or vocational training programs as
30part of the reunification service plan if actual access to these
31services is provided. The social worker shall document in the
32child’s case plan the particular barriers to an incarcerated,
33institutionalized, or detained parent’s access to those
34court-mandated services and ability to maintain contact with his
35or her child.

36(E) Reasonable efforts to assist parents who have been deported
37 to contact child welfare authorities in their country of origin, to
38identify any available services that would substantially comply
39with case plan requirements, to document the parents’ participation
40in those services, and to accept reports from local child welfare
P25   1authorities as to the parents’ living situation, progress, and
2participation in services.

3(2) The presiding judge of the juvenile court of each county
4may convene representatives of the county welfare department,
5the sheriff’s department, and other appropriate entities for the
6purpose of developing and entering into protocols for ensuring the
7notification, transportation, and presence of an incarcerated or
8institutionalized parent at all court hearings involving proceedings
9affecting the child pursuant to Section 2625 of the Penal Code.
10The county welfare department shall utilize the prisoner locator
11system developed by the Department of Corrections and
12Rehabilitation to facilitate timely and effective notice of hearings
13for incarcerated parents.

14(3) Notwithstanding any otherbegin delete provision ofend delete law, if the
15incarcerated parent is a woman seeking to participate in the
16community treatment program operated by the Department of
17Corrections and Rehabilitation pursuant to Chapter 4.8
18(commencing with Section 1174) of Title 7 of Part 2 of, Chapter
194 (commencing with Section 3410) of Title 2 of Part 3 of, the Penal
20Code, the court shall determine whether the parent’s participation
21in a program is in the child’s best interest and whether it is suitable
22to meet the needs of the parent and child.

23(f) If the court, pursuant to paragraph (2), (3), (4), (5), (6), (7),
24(8), (9), (10), (11), (12), (13), (14), (15), or (16) of subdivision (b)
25or paragraph (1) of subdivision (e), does not order reunification
26services, it shall, at the dispositional hearing,begin delete thatend deletebegin insert whichend insert shall
27include a permanency hearing, determine if a hearing under Section
28366.26 shall be set in order to determine whether adoption,
29guardianship,begin insert placement with a fitend insert orbegin delete long-term foster care,end deletebegin insert willing
30relative, or, if the child is 16 years of ageend insert
orbegin insert older and receiving
31specialized permanency services, as definedend insert
inbegin insert Section 11400,
32placement in another planned permanent living arrangement, or
33inend insert
the case of an Indian child, in consultation with the child’s tribe,
34tribal customary adoption, is the most appropriate plan for the
35child, and shall consider in-state and out-of-state placement options.
36If the court so determines, it shall conduct the hearing pursuant to
37Section 366.26 within 120 days after the dispositional hearing.
38However, the court shall not schedule a hearing so long as the
39other parent is being provided reunification services pursuant to
40subdivision (a). The court may continue to permit the parent to
P26   1visit the child unless it finds that visitation would be detrimental
2to the child.

3(g) (1) Whenever a court orders that a hearing shall be held
4pursuant to Section 366.26, including, when, in consultation with
5the child’s tribe, tribal customary adoption is recommended, it
6shall direct the agency supervising the child and the county
7adoption agency, or the State Department of Social Services when
8it is acting as an adoption agency, to prepare an assessment that
9shall include:

10(A) Current search efforts for an absent parent or parents and
11notification of a noncustodial parent in the manner provided for
12in Section 291.

13(B) A review of the amount of and nature of any contact between
14the child and his or her parents and other members of his or her
15extended family since the time of placement. Although the
16extended family of each child shall be reviewed on a case-by-case
17basis, “extended family” for the purpose of this subparagraph shall
18include, but not be limited to, the child’s siblings, grandparents,
19aunts, and uncles.

20(C) An evaluation of the child’s medical, developmental,
21scholastic, mental, and emotional status.

22(D) A preliminary assessment of the eligibility and commitment
23of any identified prospective adoptive parent or guardian, including
24a prospective tribal customary adoptive parent, particularly the
25caretaker, to include a social history, including screening for
26criminal records and prior referrals for child abuse or neglect, the
27capability to meet the child’s needs, and the understanding of the
28legal and financial rights and responsibilities of adoption and
29guardianship. If a proposed guardian is a relative of the minor, the
30assessment shall also consider, but need not be limited to, all of
31the factors specified in subdivision (a) of Section 361.3 and in
32Section 361.4. As used in this subparagraph, “relative” means an
33adult who is related to the minor by blood, adoption, or affinity
34within the fifth degree of kinship, including stepparents,
35stepsiblings, and all relatives whose status is preceded by the words
36“great,” “great-great,” or “grand,” or the spouse of any of those
37persons even if the marriage was terminated by death or
38dissolution. If the proposed permanent plan is guardianship with
39an approved relative caregiver for a minor eligible for aid under
40the Kin-GAP Program, as provided for in Article 4.7 (commencing
P27   1with Section 11385) of Chapter 2 of Part 3 of Division 9, “relative”
2as used in this section has the same meaning as “relative” as
3defined in subdivision (c) of Section 11391.

4(E) The relationship of the child to any identified prospective
5adoptive parent or guardian, including a prospective tribal
6customary parent, the duration and character of the relationship,
7the degree of attachment of the child to the prospective relative
8guardian or adoptive parent, the relative’s or adoptive parent’s
9strong commitment to caring permanently for the child, the
10motivation for seeking adoption or guardianship, a statement from
11the child concerning placement and the adoption or guardianship,
12and whether the child over 12 years of age has been consulted
13about the proposed relative guardianship arrangements, unless the
14child’s age or physical, emotional, or other condition precludes
15his or her meaningful response, and if so, a description of the
16condition.

17(F) An analysis of the likelihood that the child will be adopted
18if parental rights are terminated.

19(G) In the case of an Indian child, in addition to subparagraphs
20(A) to (F), inclusive, an assessment of the likelihood that the child
21will be adopted, when, in consultation with the child’s tribe, a
22customary adoption, as defined in Section 366.24, is recommended.
23If tribal customary adoption is recommended, the assessment shall
24include an analysis of both of the following:

25(i) Whether tribal customary adoption would or would not be
26detrimental to the Indian child and the reasons for reaching that
27conclusion.

28(ii) Whether the Indian child cannot or should not be returned
29to the home of the Indian parent or Indian custodian and the reasons
30for reaching that conclusion.

31(2) (A) A relative caregiver’s preference for legal guardianship
32over adoption, if it is due to circumstances that do not include an
33unwillingness to accept legal or financial responsibility for the
34child, shall not constitute the sole basis for recommending removal
35of the child from the relative caregiver for purposes of adoptive
36placement.

37(B) Regardless of his or her immigration status, a relative
38caregiver shall be given information regarding the permanency
39options of guardianship and adoption, including the long-term
40benefits and consequences of each option, prior to establishing
P28   1legal guardianship or pursuing adoption. If the proposed permanent
2plan is guardianship with an approved relative caregiver for a
3minor eligible for aid under the Kin-GAP Program, as provided
4for in Article 4.7 (commencing with Section 11385) of Chapter 2
5of Part 3 of Division 9, the relative caregiver shall be informed
6about the terms and conditions of the negotiated agreement
7pursuant to Section 11387 and shall agree to its execution prior to
8the hearing held pursuant to Section 366.26. A copy of the executed
9negotiated agreement shall be attached to the assessment.

10(h) If, at any hearing held pursuant to Section 366.26, a
11guardianship is established for the minor with an approved relative
12caregiver and juvenile court dependency is subsequently dismissed,
13the minor shall be eligible for aid under the Kin-GAP Program as
14provided for in Article 4.5 (commencing with Section 11360) or
15Article 4.7 (commencing with Section 11385) of Chapter 2 of Part
163 of Division 9, as applicable.

17(i) In determining whether reunification services will benefit
18the child pursuant to paragraph (6) or (7) of subdivision (b), the
19court shall consider any information it deems relevant, including
20the following factors:

21(1) The specific act or omission comprising the severe sexual
22abuse or the severe physical harm inflicted on the child or the
23child’s sibling or half sibling.

24(2) The circumstances under which the abuse or harm was
25inflicted on the child or the child’s sibling or half sibling.

26(3) The severity of the emotional trauma suffered by the child
27or the child’s sibling or half sibling.

28(4) Any history of abuse of other children by the offending
29parent or guardian.

30(5) The likelihood that the child may be safely returned to the
31care of the offending parent or guardian within 12 months with no
32continuing supervision.

33(6) Whether or not the child desires to be reunified with the
34offending parent or guardian.

35(j) When the court determines that reunification services will
36not be ordered, it shall order that the child’s caregiver receive the
37child’s birth certificate in accordance with Sections 16010.4 and
3816010.5. Additionally, when the court determines that reunification
39services will not be ordered, it shall order, when appropriate, that
P29   1a child who is 16 years of age or older receive his or her birth
2certificate.

3(k) The court shall read into the record the basis for a finding
4of severe sexual abuse or the infliction of severe physical harm
5under paragraph (6) of subdivision (b), and shall also specify the
6factual findings used to determine that the provision of
7reunification services to the offending parent or guardian would
8not benefit the child.

9begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 366 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
10amended to read:end insert

11

366.  

(a) (1) The status of every dependent child in foster care
12shall be reviewed periodically as determined by the court but no
13less frequently than once every six months, as calculated from the
14date of the original dispositional hearing, until the hearing
15described in Section 366.26 is completed. The court shall consider
16the safety of the child and shall determine all of the following:

17(A) The continuing necessity for and appropriateness of the
18placement.

19(B) The extent of the agency’s compliance with the case plan
20in making reasonable efforts, or, in the case of an Indian child,
21active efforts as described in Section 361.7, to return the child to
22a safe home and to complete any steps necessary to finalize the
23permanent placement of the child, including efforts to maintain
24relationships between a child who is 10 years of age or older and
25who has been in an out-of-home placement for six months or
26longer, and individuals other than the child’s siblings who are
27important to the child, consistent with the child’s best interests.

28(C) Whether there should be any limitation on the right of the
29parent or guardian to make educational decisions or developmental
30services decisions for the child. That limitation shall be specifically
31addressed in the court order and may not exceed those necessary
32to protect the child. Whenever the court specifically limits the right
33of the parent or guardian to make educational decisions or
34developmental services decisions for the child, the court shall at
35the same time appoint a responsible adult to make educational
36decisions or developmental services decisions for the child pursuant
37to Section 361.

38(D) (i) Whether the child has other siblings under the court’s
39jurisdiction, and, if any siblings exist, all of the following:

P30   1(I) The nature of the relationship between the child and his or
2her siblings.

3(II) The appropriateness of developing or maintaining the sibling
4relationships pursuant to Section 16002.

5(III) If the siblings are not placed together in the same home,
6why the siblings are not placed together and what efforts are being
7made to place the siblings together, or why those efforts are not
8appropriate.

9(IV) If the siblings are not placed together, all of the following:

10(ia) The frequency and nature of the visits between the siblings.

11(ib) If there are visits between the siblings, whether the visits
12are supervised or unsupervised. If the visits are supervised, a
13discussion of the reasons why the visits are supervised, and what
14needs to be accomplished in order for the visits to be unsupervised.

15(ic) If there are visits between the siblings, a description of the
16location and length of the visits.

17(id) Any plan to increase visitation between the siblings.

18(V) The impact of the sibling relationships on the child’s
19placement and planning for legal permanence.

20(VI) The continuing need to suspend sibling interaction, if
21applicable, pursuant to subdivision (c) of Section 16002.

22(ii) The factors the court may consider in making a determination
23regarding the nature of the child’s sibling relationships may
24include, but are not limited to, whether the siblings were raised
25together in the same home, whether the siblings have shared
26significant common experiences or have existing close and strong
27bonds, whether either sibling expresses a desire to visit or live with
28his or her sibling, as applicable, and whether ongoing contact is
29in the child’s best emotional interests.

30(E) The extent of progress that has been made toward alleviating
31or mitigating the causes necessitating placement in foster care.

32(F) If the review hearing is the last review hearing to be held
33before the child attains 18 years of age, the court shall conduct the
34hearing pursuant to Section 366.31 or 366.32.

35(2) The court shall project a likely date by which the child may
36be returned to and safely maintained in the home or placed for
37adoption, legal guardianship,begin insert with a fit and willing relative, or, if
3816 years of ageend insert
orbegin insert older and receiving specialized permanency
39services, as definedend insert
inbegin insert Section 11400, inend insert another planned permanent
40living arrangement.

P31   1(b) Subsequent to the hearing, periodic reviews of each child
2in foster care shall be conducted pursuant to the requirements of
3Sections 366.3 and 16503.

4(c) If the child has been placed out of state, each review
5described in subdivision (a) and any reviews conducted pursuant
6to Sections 366.3 and 16503 shall also address whether the
7out-of-state placement continues to be the most appropriate
8placement selection and in the best interests of the child.

9(d) (1) A review described in subdivision (a) and any reviews
10conducted pursuant to Sections 366.3 and 16503 shall not result
11in a placement of a child outside the United States prior to a judicial
12finding that the placement is in the best interest of the child, except
13as required by federal law or treaty.

14(2) The party or agency requesting placement of the child outside
15the United States shall carry the burden of proof and must show,
16by clear and convincing evidence, that a placement outside the
17United States is in the best interest of the child.

18(3) In determining the best interest of the child, the court shall
19consider, but not be limited to, the following factors:

20(A) Placement with a relative.

21(B) Placement of siblings in the same home.

22(C) Amount and nature of any contact between the child and
23the potential guardian or caretaker.

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

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

26(F) Social, cultural, and educational needs of the dependent
27child.

28(G) Specific desires of any dependent child who is 12 years of
29age or older.

30(4) If the court finds that a placement outside the United States
31is, by clear and convincing evidence, in the best interest of the
32child, the court may issue an order authorizing the social worker
33or placing agency to make a placement outside the United States.
34A child subject to this subdivision shall not leave the United States
35prior to the issuance of the order described in this paragraph.

36(5) For purposes of this subdivision, “outside the United States”
37shall not include the lands of any federally recognized American
38Indian tribe or Alaskan Natives.

39(6) This section shall not apply to the placement of a dependent
40child with a parent.

P32   1(e) A child may not be placed in an out-of-state group home,
2or remain in an out-of-state group home, unless the group home
3is in compliance with Section 7911.1 of the Family Code.

4(f) The implementation and operation of the amendments to
5subparagraph (B) of paragraph (1) of subdivision (a) enacted at
6the 2005-06 Regular Session shall be subject to appropriation
7through the budget process and by phase, as provided in Section
8366.35.

9(g) The status review of every nonminor dependent, as defined
10in subdivision (v) of Section 11400, shall be conducted pursuant
11to the requirements of Sections 366.3, 366.31, or 366.32, and 16503
12until dependency jurisdiction is terminated pursuant to Section
13391.

14begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 366.21 of the end insertbegin insertWelfare and Institutions Codeend insert
15begin insert is amended to read:end insert

16

366.21.  

(a) Every hearing conducted by the juvenile court
17reviewing the status of a dependent child shall be placed on the
18appearance calendar. The court shall advise all persons present at
19the hearing of the date of the future hearing and of their right to
20be present and represented by counsel.

21(b) Except as provided in Sections 294 and 295, notice of the
22hearing shall be provided pursuant to Section 293.

23(c) At least 10 calendar days prior to the hearing, the social
24worker shall file a supplemental report with the court regarding
25the services provided or offered to the parent or legal guardian to
26enable him or her to assume custody and the efforts made to
27achieve legal permanence for the child if efforts to reunify fail,
28including, but not limited to, efforts to maintain relationships
29between a child who is 10 years of age or older and has been in
30out-of-home placement for six months or longer and individuals
31who are important to the child, consistent with the child’s best
32interests; the progress made; and, where relevant, the prognosis
33for return of the child to the physical custody of his or her parent
34or legal guardian; and shall make his or her recommendation for
35disposition. If the child is a member of a sibling group described
36in subparagraph (C) of paragraph (1) of subdivision (a) of Section
37361.5, the report and recommendation may also take into account
38those factors described in subdivision (e) relating to the child’s
39sibling group. If the recommendation is not to return the child to
40a parent or legal guardian, the report shall specify why the return
P33   1of the child would be detrimental to the child. The social worker
2shall provide the parent or legal guardian, counsel for the child,
3and any court-appointed child advocate with a copy of the report,
4including his or her recommendation for disposition, at least 10
5calendar days prior to the hearing. In the case of a child removed
6from the physical custody of his or her parent or legal guardian,
7the social worker shall, at least 10 calendar days prior to the
8hearing, provide a summary of his or her recommendation for
9disposition to any foster parents, relative caregivers, and certified
10foster parents who have been approved for adoption by the State
11Department of Social Services when it is acting as an adoption
12agency or by a county adoption agency, community care facility,
13or foster family agency having the physical custody of the child.
14The social worker shall include a copy of the Judicial Council
15Caregiver Information Form (JV-290) with the summary of
16recommendations to the child’s foster parents, relative caregivers,
17or foster parents approved for adoption, in the caregiver’s primary
18language when available, along with information on how to file
19the form with the court.

20(d) Prior to any hearing involving a child in the physical custody
21of a community care facility or a foster family agency that may
22result in the return of the child to the physical custody of his or
23her parent or legal guardian, or in adoption or the creation of a
24legal guardianship, or in the case of an Indian child, in consultation
25with the child’s tribe, tribal customary adoption, the facility or
26agency shall file with the court a report, or a Judicial Council
27Caregiver Information Form (JV-290), containing its
28recommendation for disposition. Prior to the hearing involving a
29child in the physical custody of a foster parent, a relative caregiver,
30or a certified foster parent who has been approved for adoption by
31the State Department of Social Services when it is acting as an
32adoption agency or by a county adoption agency, the foster parent,
33relative caregiver, or the certified foster parent who has been
34approved for adoption by the State Department of Social Services
35when it is acting as an adoption agency or by a county adoption
36agency, may file with the court a report containing his or her
37recommendation for disposition. The court shall consider the report
38and recommendation filed pursuant to this subdivision prior to
39determining any disposition.

P34   1(e) At the review hearing held six months after the initial
2dispositional hearing, but no later than 12 months after the date
3the child entered foster care as determined in Section 361.49,
4whichever occurs earlier, after considering the admissible and
5relevant evidence, the court shall order the return of the child to
6the physical custody of his or her parent or legal guardian unless
7the court finds, by a preponderance of the evidence, that the return
8of the child to his or her parent or legal guardian would create a
9substantial risk of detriment to the safety, protection, or physical
10or emotional well-being of the child. The social worker shall have
11the burden of establishing that detriment. At the hearing, the court
12shall consider the criminal history, obtained pursuant to paragraph
13(1) of subdivision (f) of Section 16504.5, of the parent or legal
14guardian subsequent to the child’s removal to the extent that the
15criminal record is substantially related to the welfare of the child
16or the parent’s or guardian’s ability to exercise custody and control
17regarding his or her child, provided the parent or legal guardian
18agreed to submit fingerprint images to obtain criminal history
19information as part of the case plan. The court shall also consider
20whether the child can be returned to the custody of his or her parent
21who is enrolled in a certified substance abuse treatment facility
22that allows a dependent child to reside with his or her parent. The
23fact that the parent is enrolled in a certified substance abuse
24treatment facility shall not be, for that reason alone, prima facie
25evidence of detriment. The failure of the parent or legal guardian
26to participate regularly and make substantive progress in
27court-ordered treatment programs shall be prima facie evidence
28that return would be detrimental. In making its determination, the
29court shall review and consider the social worker’s report and
30recommendations and the report and recommendations of any child
31advocate appointed pursuant to Section 356.5; and shall consider
32the efforts or progress, or both, demonstrated by the parent or legal
33guardian and the extent to which he or she availed himself or
34herself to services provided, taking into account the particular
35barriers to an incarcerated, institutionalized, detained, or deported
36parent’s or legal guardian’s access to those court-mandated services
37and ability to maintain contact with his or her child.

38Regardless of whether the child is returned to a parent or legal
39guardian, the court shall specify the factual basis for its conclusion
40that the return would be detrimental or would not be detrimental.
P35   1The court also shall make appropriate findings pursuant to
2subdivision (a) of Section 366; and,begin delete whereend deletebegin insert whenend insert relevant, shall
3order any additional services reasonably believed to facilitate the
4return of the child to the custody of his or her parent or legal
5guardian. The court shall also inform the parent or legal guardian
6that if the child cannot be returned home by the 12-month
7permanency hearing, a proceeding pursuant to Section 366.26 may
8be instituted. This section does not applybegin delete in a case where,end deletebegin insert when,end insert
9 pursuant to Section 361.5, the court has ordered that reunification
10services shall not be provided.

11If the child was under three years of age on the date of the initial
12removal, or is a member of a sibling group described in
13subparagraph (C) of paragraph (1) of subdivision (a) of Section
14361.5, and the court finds by clear and convincing evidence that
15the parent failed to participate regularly and make substantive
16progress in a court-ordered treatment plan, the court may schedule
17a hearing pursuant to Section 366.26 within 120 days. If, however,
18the court finds there is a substantial probability that the child, who
19was under three years of age on the date of initial removal or is a
20member of a sibling group described in subparagraph (C) of
21paragraph (1) of subdivision (a) of Section 361.5, may be returned
22to his or her parent or legal guardian within six months or that
23reasonable services have not been provided, the court shall continue
24the case to the 12-month permanency hearing.

25For the purpose of placing and maintaining a sibling group
26together in a permanent home, the court, in making its
27determination to schedule a hearing pursuant to Section 366.26
28for some or all members of a sibling group, as described in
29subparagraph (C) of paragraph (1) of subdivision (a) of Section
30361.5, shall review and consider the social worker’s report and
31recommendations. Factors the report shall address, and the court
32shall consider, may include, but need not be limited to, whether
33the sibling group was removed from parental care as a group, the
34closeness and strength of the sibling bond, the ages of the siblings,
35the appropriateness of maintaining the sibling group together, the
36detriment to the child if sibling ties are not maintained, the
37likelihood of finding a permanent home for the sibling group,
38whether the sibling group is currently placed together in a
39preadoptive home or has a concurrent plan goal of legal
40permanency in the same home, the wishes of each child whose
P36   1age and physical and emotional condition permits a meaningful
2response, and the best interests of each child in the sibling group.
3The court shall specify the factual basis for its finding that it is in
4the best interests of each child to schedule a hearing pursuant to
5Section 366.26 within 120 days for some or all of the members of
6the sibling group.

7If the child was removed initially under subdivision (g) of
8Section 300 and the court finds by clear and convincing evidence
9that the whereabouts of the parent are still unknown, or the parent
10has failed to contact and visit the child, the court may schedule a
11hearing pursuant to Section 366.26 within 120 days. The court
12shall take into account any particular barriers to a parent’s ability
13to maintain contact with his or her child due to the parent’s
14incarceration, institutionalization, detention by the United States
15Department of Homeland Security, or deportation. If the court
16finds by clear and convincing evidence that the parent has been
17convicted of a felony indicating parental unfitness, the court may
18schedule a hearing pursuant to Section 366.26 within 120 days.

19If the child had been placed under court supervision with a
20previously noncustodial parent pursuant to Section 361.2, the court
21shall determine whether supervision is still necessary. The court
22may terminate supervision and transfer permanent custody to that
23parent, as provided for by paragraph (1) of subdivision (b) of
24Section 361.2.

25In all other cases, the court shall direct that any reunification
26services previously ordered shall continue to be offered to the
27parent or legal guardian pursuant to the time periods set forth in
28subdivision (a) of Section 361.5, provided that the court may
29modify the terms and conditions of those services.

30If the child is not returned to his or her parent or legal guardian,
31the court shall determine whether reasonable services that were
32designed to aid the parent or legal guardian in overcoming the
33problems that led to the initial removal and the continued custody
34of the child have been provided or offered to the parent or legal
35guardian. The court shall order that those services be initiated,
36continued, or terminated.

37(f) The permanency hearing shall be held no later than 12
38months after the date the child entered foster care, as that date is
39determined pursuant to Section 361.49. At the permanency hearing,
40the court shall determine the permanent plan for the child, which
P37   1shall include a determination of whether the child will be returned
2to the child’s home and, if so, when, within the time limits of
3 subdivision (a) of Section 361.5. After considering the relevant
4and admissible evidence, the court shall order the return of the
5child to the physical custody of his or her parent or legal guardian
6unless the court finds, by a preponderance of the evidence, that
7the return of the child to his or her parent or legal guardian would
8create a substantial risk of detriment to the safety, protection, or
9physical or emotional well-being of the child. The social worker
10shall have the burden of establishing that detriment. At the
11permanency hearing, the court shall consider the criminal history,
12obtained pursuant to paragraph (1) of subdivision (f) of Section
1316504.5, of the parent or legal guardian subsequent to the child’s
14removal to the extent that the criminal record is substantially related
15to the welfare of the child or the parent’s or legal guardian’s ability
16to exercise custody and control regarding his or her child, provided
17that the parent or legal guardian agreed to submit fingerprint images
18to obtain criminal history information as part of the case plan. The
19court shall also determine whether reasonable services that were
20designed to aid the parent or legal guardian to overcome the
21problems that led to the initial removal and continued custody of
22the child have been provided or offered to the parent or legal
23guardian. For each youth 16 years of age and older, the court shall
24also determine whether services have been made available to assist
25him or her in making the transition from foster care tobegin delete independent
26living.end delete
begin insert successful adulthood.end insert The court shall also consider whether
27the child can be returned to the custody of his or her parent who
28is enrolled in a certified substance abuse treatment facility that
29allows a dependent child to reside with his or her parent. The fact
30that the parent is enrolled in a certified substance abuse treatment
31facility shall not be, for that reason alone, prima facie evidence of
32detriment. The failure of the parent or legal guardian to participate
33regularly and make substantive progress in court-ordered treatment
34programs shall be prima facie evidence that return would be
35detrimental. In making its determination, the court shall review
36and consider the social worker’s report and recommendations and
37the report and recommendations of any child advocate appointed
38pursuant to Section 356.5, shall consider the efforts or progress,
39or both, demonstrated by the parent or legal guardian and the extent
40to which he or she availed himself or herself of services provided,
P37   1taking into account the particular barriers to an incarcerated,
2institutionalized, detained, or deported parent’s or legal guardian’s
3access to those court-mandated services and ability to maintain
4contact with his or her child, and shall make appropriate findings
5pursuant to subdivision (a) of Section 366.

6Regardless of whether the child is returned to his or her parent
7or legal guardian, the court shall specify the factual basis for its
8decision. If the child is not returned to a parent or legal guardian,
9the court shall specify the factual basis for its conclusion that the
10return would be detrimental. The court also shall make a finding
11pursuant to subdivision (a) of Section 366. If the child is not
12returned to his or her parent or legal guardian, the court shall
13consider, and state for the record, in-state and out-of-state
14placement options. If the child is placed out of the state, the court
15shall make a determination whether the out-of-state placement
16continues to be appropriate and in the best interests of the child.

17(g) If the time period in which the court-ordered services were
18provided has met or exceeded the time period set forth in
19subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a)
20 of Section 361.5, as appropriate, and a child is not returned to the
21custody of a parent or legal guardian at the permanency hearing
22held pursuant to subdivision (f), the court shall do one of the
23following:

24(1) Continue the case for up to six months for a permanency
25review hearing, provided that the hearing shall occur within 18
26months of the date the child was originally taken from the physical
27custody of his or her parent or legal guardian. The court shall
28continue the case only if it finds that there is a substantial
29probability that the child will be returned to the physical custody
30of his or her parent or legal guardian and safely maintained in the
31home within the extended period of time or that reasonable services
32have not been provided to the parent or legal guardian. For the
33purposes of this section, in order to find a substantial probability
34that the child will be returned to the physical custody of his or her
35parent or legal guardian and safely maintained in the home within
36the extended period of time, the court shall be required to find all
37of the following:

38(A) That the parent or legal guardian has consistently and
39regularly contacted and visited with the child.

P39   1(B) That the parent or legal guardian has made significant
2progress in resolving problems that led to the child’s removal from
3the home.

4(C) The parent or legal guardian has demonstrated the capacity
5and ability both to complete the objectives of his or her treatment
6plan and to provide for the child’s safety, protection, physical and
7emotional well-being, and special needs.

8For purposes of this subdivision, the court’s decision to continue
9the case based on a finding or substantial probability that the child
10will be returned to the physical custody of his or her parent or legal
11guardian is a compelling reason for determining that a hearing
12held pursuant to Section 366.26 is not in the best interests of the
13child.

14The court shall inform the parent or legal guardian that if the
15child cannot be returned home by the next permanency review
16hearing, a proceeding pursuant to Section 366.26 may be instituted.
17The court shall not order that a hearing pursuant to Section 366.26
18be held unless there is clear and convincing evidence that
19reasonable services have been provided or offered to the parent or
20legal guardian.

21(2) Continue the case for up to six months for a permanency
22review hearing, provided that the hearing shall occur within 18
23months of the date the child was originally taken from the physical
24custody of his or her parent or legal guardian, if the parent has
25been arrested and issued an immigration hold, detained by the
26United States Department of Homeland Security, or deported to
27his or her country of origin, and the court determines either that
28there is a substantial probability that the child will be returned to
29the physical custody of his or her parent or legal guardian and
30safely maintained in the home within the extended period of time
31or that reasonable services have not been provided to the parent
32or legal guardian.

33(3) For purposes of paragraph (2), in order to find a substantial
34probability that the child will be returned to the physical custody
35of his or her parent or legal guardian and safely maintained in the
36home within the extended period of time, the court shall find all
37of the following:

38(A) The parent or legal guardian has consistently and regularly
39contacted and visited with the child, taking into account any
40particular barriers to a parent’s ability to maintain contact with his
P40   1or her child due to the parent’s arrest and receipt of an immigration
2hold, detention by the United States Department of Homeland
3Security, or deportation.

4(B) The parent or legal guardian has made significant progress
5in resolving the problems that led to the child’s removal from the
6home.

7(C) The parent or legal guardian has demonstrated the capacity
8or ability both to complete the objectives of his or her treatment
9plan and to provide for the child’s safety, protection, physical and
10emotional well-being, and special needs.

11(4) Order that a hearing be held within 120 days, pursuant to
12Section 366.26, but only if the court does not continue the case to
13the permanency planning review hearing and there is clear and
14convincing evidence that reasonable services have been provided
15or offered to the parents or legal guardians. On and after January
161, 2012, a hearing pursuant to Section 366.26 shall not be ordered
17if the child is a nonminor dependent, unless the nonminor
18dependent is an Indian child and tribal customary adoption is
19recommended as the permanent plan.

begin insert

20(5) Order that the child be placed with a fit and willing relative.
21If the child is younger than 16 years of age and the court does not
22take one of the actions specified in paragraphs (1) to (4), inclusive,
23the court shall order that the child be placed with a fit and willing
24relative and shall not order that the child remain in another
25planned permanent living arrangement.

end insert
begin delete

26(5) Order

end delete

27begin insert (6)end insertbegin insertend insertbegin insertOrder, if the child is 16 years of age or older and receiving
28specialized permanency services,end insert
that the child remain inbegin delete long-term
29foster care,end delete
begin insert another planned permanent living arrangement,end insert but
30only if the court finds by clear and convincing evidence, based
31upon the evidence already presented to it, including a
32recommendation by the State Department of Social Services when
33it is acting as an adoption agency or by a county adoption agency,
34that there is a compelling reason for determining that a hearing
35held pursuant to Section 366.26 is not in the best interests of the
36child because the child is not a proper subject for adoption and has
37no one willing to accept legal guardianship.begin insert A child shall not be
38deemed not a proper subject for adoption or having no one willing
39to accept legal guardianship and be ordered to remain in another
40planned permanent living arrangement prior to the child having
P41   1been offered specialized permanency services, as defined in Section
211400.end insert
For purposes of this section, a recommendation by the State
3Department of Social Services when it is acting as an adoption
4agency or by a county adoption agency that adoption is not in the
5best interests of the child shall constitute a compelling reason for
6the court’s determination. That recommendation shall be based on
7the present circumstances of the child and shall not preclude a
8different recommendation at a later date if the child’s circumstances
9change. On and after January 1, 2012, the nonminor dependent’s
10legal status as an adult is in and of itself a compelling reason not
11to hold a hearing pursuant to Section 366.26. The court may order
12that a nonminor dependent who otherwise is eligible pursuant to
13Section 11403 remain in a planned, permanent living arrangement.

14If the court orders that a child who isbegin delete 10end deletebegin insert 16end insert years of age or older
15remain inbegin delete long-term foster care,end deletebegin insert another planned permanent living
16arrangement,end insert
the court shall determine whether the agency has
17made reasonable efforts to maintain the child’s relationships with
18individuals other than the child’s siblings who are important to the
19child, consistent with the child’s best interests, and may make any
20appropriate order to ensure that those relationships are maintained.

21If the child is not returned to his or her parent or legal guardian,
22the court shall consider, and state for the record, in-state and
23out-of-state options for permanent placement. If the child is placed
24out of the state, the court shall make a determination whether the
25out-of-state placement continues to be appropriate and in the best
26interests of the child.

27(h) In any case in which the court orders that a hearing pursuant
28to Section 366.26 shall be held, it shall also order the termination
29of reunification services to the parent or legal guardian. The court
30shall continue to permit the parent or legal guardian to visit the
31child pending the hearing unless it finds that visitation would be
32detrimental to the child. The court shall make any other appropriate
33orders to enable the child to maintain relationships with individuals,
34other than the child’s siblings, who are important to the child,
35consistent with the child’s best interests. When the court orders a
36termination of reunification services to the parent or legal guardian,
37it shall also order that the child’s caregiver receive the child’s birth
38certificate in accordance with Sections 16010.4 and 16010.5.
39Additionally, when the court orders a termination of reunification
40services to the parent or legal guardian, it shall order, when
P42   1appropriate, that a child who is 16 years of age or older receive
2his or her birth certificate.

3(i) (1) Whenever a court orders that a hearing pursuant to
4Section 366.26, including, when, in consultation with the child’s
5tribe, tribal customary adoption is recommended, shall be held, it
6shall direct the agency supervising the child and the county
7adoption agency, or the State Department of Social Services when
8it is acting as an adoption agency, to prepare an assessment that
9shall include:

10(A) Current search efforts for an absent parent or parents or
11legal guardians.

12(B) A review of the amount of and nature of any contact between
13the child and his or her parents or legal guardians and other
14members of his or her extended family since the time of placement.
15Although the extended family of each child shall be reviewed on
16a case-by-case basis, “extended family” for the purpose of this
17subparagraph shall include, but not be limited to, the child’s
18siblings, grandparents, aunts, and uncles.

19(C) An evaluation of the child’s medical, developmental,
20scholastic, mental, and emotional status.

21(D) A preliminary assessment of the eligibility and commitment
22of any identified prospective adoptive parent or legal guardian,
23including the prospective tribal customary adoptive parent,
24particularly the caretaker, to include a social history including
25screening for criminal records and prior referrals for child abuse
26or neglect, the capability to meet the child’s needs, and the
27understanding of the legal and financial rights and responsibilities
28of adoption and guardianship. If a proposed guardian is a relative
29of the minor, the assessment shall also consider, but need not be
30limited to, all of the factors specified in subdivision (a) of Section
31 361.3 and in Section 361.4.

32(E) The relationship of the child to any identified prospective
33adoptive parent or legal guardian, the duration and character of
34the relationship, the degree of attachment of the child to the
35prospective relative guardian or adoptive parent, the relative’s or
36adoptive parent’s strong commitment to caring permanently for
37the child, the motivation for seeking adoption or guardianship, a
38statement from the child concerning placement and the adoption
39or guardianship, and whether the child, if over 12 years of age,
40has been consulted about the proposed relative guardianship
P43   1arrangements, unless the child’s age or physical, emotional, or
2other condition precludes his or her meaningful response, and if
3so, a description of the condition.

4(F) A description of efforts to be made to identify a prospective
5adoptive parent or legal guardian, including, but not limited to,
6child-specific recruitment and listing on an adoption exchange
7within the state or out of the state.

8(G) An analysis of the likelihood that the child will be adopted
9if parental rights are terminated.

10(H) In the case of an Indian child, in addition to subparagraphs
11(A) to (G), inclusive, an assessment of the likelihood that the child
12will be adopted, when, in consultation with the child’s tribe, a
13tribal customary adoption, as defined in Section 366.24, is
14recommended. If tribal customary adoption is recommended, the
15assessment shall include an analysis of both of the following:

16(i) Whether tribal customary adoption would or would not be
17detrimental to the Indian child and the reasons for reaching that
18conclusion.

19(ii) Whether the Indian child cannot or should not be returned
20to the home of the Indian parent or Indian custodian and the reasons
21for reaching that conclusion.

22(2) (A) A relative caregiver’s preference for legal guardianship
23over adoption, if it is due to circumstances that do not include an
24unwillingness to accept legal or financial responsibility for the
25child, shall not constitute the sole basis for recommending removal
26of the child from the relative caregiver for purposes of adoptive
27placement.

28(B) Regardless of his or her immigration status, a relative
29caregiver shall be given information regarding the permanency
30options of guardianship and adoption, including the long-term
31benefits and consequences of each option, prior to establishing
32legal guardianship or pursuing adoption. If the proposed permanent
33plan is guardianship with an approved relative caregiver for a
34minor eligible for aid under the Kin-GAP Program, as provided
35for in Article 4.7 (commencing with Section 11385) of Chapter 2
36of Part 3 of Division 9, the relative caregiver shall be informed
37about the terms and conditions of the negotiated agreement
38pursuant to Section 11387 and shall agree to its execution prior to
39the hearing held pursuant to Section 366.26. A copy of the executed
40negotiated agreement shall be attached to the assessment.

P44   1(j) If, at any hearing held pursuant to Section 366.26, a
2guardianship is established for the minor with an approved relative
3caregiver, and juvenile court dependency is subsequently
4dismissed, the minor shall be eligible for aid under the Kin-GAP
5Program, as provided for in Article 4.5 (commencing with Section
611360) or Article 4.7 (commencing with Section 11385), as
7applicable, of Chapter 2 of Part 3 of Division 9.

8(k) As used in this section, “relative” means an adult who is
9related to the minor by blood, adoption, or affinity within the fifth
10degree of kinship, including stepparents, stepsiblings, and all
11relatives whose status is preceded by the words “great,”
12“great-great,” or “grand,” or the spouse of any of those persons
13even if the marriage was terminated by death or dissolution. If the
14proposed permanent plan is guardianship with an approved relative
15caregiver for a minor eligible for aid under the Kin-GAP Program,
16as provided for in Article 4.7 (commencing with Section 11385)
17of Chapter 2 of Part 3 of Division 9, “relative” as used in this
18section has the same meaning as “relative” as defined in
19subdivision (c) of Section 11391.

20(l) For purposes of this section, evidence of any of the following
21circumstances may not, in and of itself, be deemed a failure to
22provide or offer reasonable services:

23(1) The child has been placed with a foster family that is eligible
24to adopt a child, or has been placed in a preadoptive home.

25(2) The case plan includes services to make and finalize a
26permanent placement for the child if efforts to reunify fail.

27(3) Services to make and finalize a permanent placement for
28the child, if efforts to reunify fail, are provided concurrently with
29services to reunify the family.

30(m) The implementation and operation of the amendments to
31subdivisions (c) and (g) enacted at the 2005-06 Regular Session
32shall be subject to appropriation through the budget process and
33by phase, as provided in Section 366.35.

34begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 366.22 of the end insertbegin insertWelfare and Institutions Codeend insert
35begin insert is amended to read:end insert

36

366.22.  

(a) When a case has been continued pursuant to
37paragraph (1) or (2) of subdivision (g) of Section 366.21, the
38permanency review hearing shall occur within 18 months after the
39date the child was originally removed from the physical custody
40of his or her parent or legal guardian. After considering the
P45   1admissible and relevant evidence, the court shall order the return
2of the child to the physical custody of his or her parent or legal
3guardian unless the court finds, by a preponderance of the evidence,
4that the return of the child to his or her parent or legal guardian
5would create a substantial risk of detriment to the safety, protection,
6or physical or emotional well-being of the child. The social worker
7shall have the burden of establishing that detriment. At the
8permanency review hearing, the court shall consider the criminal
9history, obtained pursuant to paragraph (1) of subdivision (f) of
10Section 16504.5, of the parent or legal guardian subsequent to the
11child’s removal, to the extent that the criminal record is
12substantially related to the welfare of the child or the parent’s or
13legal guardian’s ability to exercise custody and control regarding
14his or her child, provided that the parent or legal guardian agreed
15to submit fingerprint images to obtain criminal history information
16as part of the case plan. The court shall also consider whether the
17child can be returned to the custody of his or her parent who is
18enrolled in a certified substance abuse treatment facility that allows
19a dependent child to reside with his or her parent. The fact that the
20parent is enrolled in a certified substance abuse treatment facility
21shall not be, for that reason alone, prima facie evidence of
22detriment. The failure of the parent or legal guardian to participate
23regularly and make substantive progress in court-ordered treatment
24programs shall be prima facie evidence that return would be
25detrimental. In making its determination, the court shall review
26and consider the social worker’s report and recommendations and
27the report and recommendations of any child advocate appointed
28pursuant to Section 356.5; shall consider the efforts or progress,
29or both, demonstrated by the parent or legal guardian and the extent
30to which he or she availed himself or herself of services provided,
31taking into account the particular barriers of an incarcerated or
32institutionalized parent’s or legal guardian’s access to those
33court-mandated services and ability to maintain contact with his
34or her child; and shall make appropriate findings pursuant to
35subdivision (a) of Section 366.

36Whether or not the child is returned to his or her parent or legal
37guardian, the court shall specify the factual basis for its decision.
38If the child is not returned to a parent or legal guardian, the court
39shall specify the factual basis for its conclusion that return would
40be detrimental. If the child is not returned to his or her parent or
P46   1legal guardian, the court shall consider, and state for the record,
2in-state and out-of-state options for the child’s permanent
3placement. If the child is placed out of the state, the court shall
4make a determination whether the out-of-state placement continues
5to be appropriate and in the best interests of the child.

6Unless the conditions in subdivision (b) are met and the child is
7not returned to a parent or legal guardian at the permanency review
8hearing, the court shall order that a hearing be held pursuant to
9Section 366.26 in order to determine whether adoption, or, in the
10case of an Indian child, in consultation with the child’s tribe, tribal
11customary adoption, guardianship,begin insert placement with a fit and willing
12relative, or, if the child is 16 years of ageend insert
orbegin delete long-term foster careend delete
13begin insert older and receiving specialized permanency services, as defined
14in Section 11400, in another planned permanent living
15arrangementend insert
is the most appropriate plan for the child. On and
16after January 1, 2012, a hearing pursuant to Section 366.26 shall
17not be ordered if the child is a nonminor dependent, unless the
18nonminor dependent is an Indian child, and tribal customary
19adoption is recommended as the permanent plan. However, if the
20court finds by clear and convincing evidence, based on the evidence
21already presented to it, including a recommendation by the State
22Department of Social Services when it is acting as an adoption
23agency or by a county adoption agency, that there is a compelling
24reason, as described in paragraph (5) of subdivision (g) of Section
25366.21, for determining that a hearing held under Section 366.26
26is not in the best interests of the child because the child is not a
27proper subject forbegin delete adoption andend deletebegin insert adoption, the childend insert has no one
28willing to accept legal guardianship, thebegin insert child is not placed with
29a fit and willing relative, and the child is 16 years of age or older
30and receiving specialized permanency services, as defined in
31Section 11400, theend insert
court may, only under these circumstances,
32order that the child remain inbegin delete long-term foster care.end deletebegin insert another
33planned permanent living arrangement. A child shall not be deemed
34not a proper subject for adoption unless the child has received
35specialized permanency services, as defined in Section 11400.end insert
On
36and after January 1, 2012, the nonminor dependent’s legal status
37as an adult is in and of itself a compelling reason not to hold a
38hearing pursuant to Section 366.26. The court may order that a
39nonminor dependent who otherwise is eligible pursuant to Section
4011403 remain in a planned, permanent living arrangement. If the
P47   1court orders that a child who isbegin delete 10end deletebegin insert 16end insert years of age or older remain
2inbegin delete long-term foster care,end deletebegin insert another planned permanent living
3arrangement,end insert
the court shall determine whether the agency has
4made reasonable efforts to maintain the child’s relationships with
5individuals other than the child’s siblings who are important to the
6child, consistent with the child’s best interests, and may make any
7appropriate order to ensure that those relationships are maintained.
8The hearing shall be held no later than 120 days from the date of
9the permanency review hearing. The court shall also order
10termination of reunification services to the parent or legal guardian.
11The court shall continue to permit the parent or legal guardian to
12visit the child unless it finds that visitation would be detrimental
13to the child. The court shall determine whether reasonable services
14have been offered or provided to the parent or legal guardian. For
15 purposes of this subdivision, evidence of any of the following
16circumstances shall not, in and of themselves, be deemed a failure
17to provide or offer reasonable services:

18(1) The child has been placed with a foster family that is eligible
19to adopt a child, or has been placed in a preadoptive home.

20(2) The case plan includes services to make and finalize a
21permanent placement for the child if efforts to reunify fail.

22(3) Services to make and finalize a permanent placement for
23the child, if efforts to reunify fail, are provided concurrently with
24services to reunify the family.

25(b) If the child is not returned to a parent or legal guardian at
26the permanency review hearing and the court determines by clear
27and convincing evidence that the best interests of the child would
28be met by the provision of additional reunification services to a
29parent or legal guardian who is making significant and consistent
30progress in a court-ordered residential substance abuse treatment
31program, or a parent recently discharged from incarceration,
32institutionalization, or the custody of the United States Department
33of Homeland Security and making significant and consistent
34progress in establishing a safe home for the child’s return, the court
35may continue the case for up to six months for a subsequent
36permanency review hearing, provided that the hearing shall occur
37within 24 months of the date the child was originally taken from
38the physical custody of his or her parent or legal guardian. The
39court shall continue the case only if it finds that there is a
40substantial probability that the child will be returned to the physical
P48   1custody of his or her parent or legal guardian and safely maintained
2in the home within the extended period of time or that reasonable
3services have not been provided to the parent or legal guardian.
4For the purposes of this section, in order to find a substantial
5probability that the child will be returned to the physical custody
6of his or her parent or legal guardian and safely maintained in the
7home within the extended period of time, the court shall be required
8to find all of the following:

9(1) That the parent or legal guardian has consistently and
10regularly contacted and visited with the child.

11(2) That the parent or legal guardian has made significant and
12consistent progress in the prior 18 months in resolving problems
13that led to the child’s removal from the home.

14(3) The parent or legal guardian has demonstrated the capacity
15and ability both to complete the objectives of his or her substance
16abuse treatment plan as evidenced by reports from a substance
17abuse provider as applicable, or complete a treatment plan
18postdischarge from incarceration, institutionalization, or detention,
19or following deportation to his or her country of origin and his or
20her return to the United States, and to provide for the child’s safety,
21protection, physical and emotional well-being, and special needs.

22For purposes of this subdivision, the court’s decision to continue
23the case based on a finding or substantial probability that the child
24will be returned to the physical custody of his or her parent or legal
25guardian is a compelling reason for determining that a hearing
26held pursuant to Section 366.26 is not in the best interests of the
27child.

28The court shall inform the parent or legal guardian that if the
29child cannot be returned home by the subsequent permanency
30review hearing, a proceeding pursuant to Section 366.26 may be
31instituted. The court may not order that a hearing pursuant to
32Section 366.26 be held unless there is clear and convincing
33evidence that reasonable services have been provided or offered
34to the parent or legal guardian.

35(c) (1) Whenever a court orders that a hearing pursuant to
36Section 366.26, including when a tribal customary adoption is
37recommended, shall be held, it shall direct the agency supervising
38the child and the county adoption agency, or the State Department
39of Social Services when it is acting as an adoption agency, to
40prepare an assessment that shall include:

P49   1(A) Current search efforts for an absent parent or parents.

2(B) A review of the amount of and nature of any contact between
3the child and his or her parents and other members of his or her
4extended family since the time of placement. Although the
5extended family of each child shall be reviewed on a case-by-case
6basis, “extended family” for the purposes of this subparagraph
7shall include, but not be limited to, the child’s siblings,
8grandparents, aunts, and uncles.

9(C) An evaluation of the child’s medical, developmental,
10scholastic, mental, and emotional status.

11(D)  A preliminary assessment of the eligibility and commitment
12of any identified prospective adoptive parent or legal guardian,
13particularly the caretaker, to include a social history including
14screening for criminal records and prior referrals for child abuse
15or neglect, the capability to meet the child’s needs, and the
16understanding of the legal and financial rights and responsibilities
17of adoption and guardianship. If a proposed legal guardian is a
18relative of the minor, the assessment shall also consider, but need
19not be limited to, all of the factors specified in subdivision (a) of
20Section 361.3 and Section 361.4.

21(E) The relationship of the child to any identified prospective
22adoptive parent or legal guardian, the duration and character of
23the relationship, the degree of attachment of the child to the
24prospective relative guardian or adoptive parent, the relative’s or
25adoptive parent’s strong commitment to caring permanently for
26the child, the motivation for seeking adoption or legal guardianship,
27a statement from the child concerning placement and the adoption
28or legal guardianship, and whether the child, if over 12 years of
29age, has been consulted about the proposed relative guardianship
30arrangements, unless the child’s age or physical, emotional, or
31other condition precludes his or her meaningful response, and if
32so, a description of the condition.

33(F) An analysis of the likelihood that the child will be adopted
34if parental rights are terminated.

35(G) In the case of an Indian child, in addition to subparagraphs
36(A) to (F), inclusive, an assessment of the likelihood that the child
37will be adopted, when, in consultation with the child’s tribe, a
38tribal customary adoption, as defined in Section 366.24, is
39recommended. If tribal customary adoption is recommended, the
40assessment shall include an analysis of both of the following:

P50   1(i) Whether tribal customary adoption would or would not be
2detrimental to the Indian child and the reasons for reaching that
3conclusion.

4(ii) Whether the Indian child cannot or should not be returned
5to the home of the Indian parent or Indian custodian and the reasons
6for reaching that conclusion.

7(2) (A) A relative caregiver’s preference for legal guardianship
8over adoption, if it is due to circumstances that do not include an
9unwillingness to accept legal or financial responsibility for the
10child, shall not constitute the sole basis for recommending removal
11of the child from the relative caregiver for purposes of adoptive
12placement.

13(B) Regardless of his or her immigration status, a relative
14caregiver shall be given information regarding the permanency
15options of guardianship and adoption, including the long-term
16benefits and consequences of each option, prior to establishing
17legal guardianship or pursuing adoption. If the proposed permanent
18plan is guardianship with an approved relative caregiver for a
19minor eligible for aid under the Kin-GAP Program, as provided
20for in Article 4.7 (commencing with Section 11385) of Chapter 2
21of Part 3 of Division 9, the relative caregiver shall be informed
22about the terms and conditions of the negotiated agreement
23pursuant to Section 11387 and shall agree to its execution prior to
24the hearing held pursuant to Section 366.26. A copy of the executed
25negotiated agreement shall be attached to the assessment.

26(d) This section shall become operative January 1, 1999. If at
27any hearing held pursuant to Section 366.26, a legal guardianship
28is established for the minor with an approved relative caregiver,
29and juvenile court dependency is subsequently dismissed, the minor
30shall be eligible for aid under the Kin-GAP Program, as provided
31for in Article 4.5 (commencing with Section 11360) or Article 4.7
32(commencing with Section 11385), as applicable, of Chapter 2 of
33Part 3 of Division 9.

34(e) As used in this section, “relative” means an adult who is
35related to the child by blood, adoption, or affinity within the fifth
36degree of kinship, including stepparents, stepsiblings, and all
37relatives whose status is preceded by the words “great,”
38 “great-great,” or “grand,” or the spouse of any of those persons
39even if the marriage was terminated by death or dissolution. If the
40proposed permanent plan is guardianship with an approved relative
P51   1caregiver for a minor eligible for aid under the Kin-GAP Program,
2as provided for in Article 4.7 (commencing with Section 11385)
3of Chapter 2 of Part 3 of Division 9, “relative” as used in this
4section has the same meaning as “relative” as defined in
5subdivision (c) of Section 11391.

6(f) The implementation and operation of the amendments to
7subdivision (a) enacted at the 2005-06 Regular Session shall be
8subject to appropriation through the budget process and by phase,
9as provided in Section 366.35.

10begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 366.25 of the end insertbegin insertWelfare and Institutions Codeend insert
11begin insert is amended to read:end insert

12

366.25.  

(a) (1)begin insert end insert When a case has been continued pursuant to
13subdivision (b) of Section 366.22, the subsequent permanency
14review hearing shall occur within 24 months after the date the
15child was originally removed from the physical custody of his or
16her parent or legal guardian. After considering the relevant and
17admissible evidence, the court shall order the return of the child
18to the physical custody of his or her parent or legal guardian unless
19the court finds, by a preponderance of the evidence, that the return
20of the child to his or her parent or legal guardian would create a
21substantial risk of detriment to the safety, protection, or physical
22or emotional well-being of the child. The social worker shall have
23the burden of establishing that detriment. At the subsequent
24permanency review hearing, the court shall consider the criminal
25history, obtained pursuant to paragraph (1) of subdivision (f) of
26Section 16504.5, of the parent or legal guardian subsequent to the
27child’s removal to the extent that the criminal record is substantially
28related to the welfare of the child or parent’s or legal guardian’s
29ability to exercise custody and control regarding his or her child
30provided that the parent or legal guardian agreed to submit
31fingerprint images to obtain criminal history information as part
32of the case plan. The court shall also consider whether the child
33can be returned to the custody of a parent who is enrolled in a
34certified substance abuse treatment facility that allows a dependent
35child to reside with his or her parent. The fact that the parent is
36enrolled in a certified substance abuse treatment facility shall not
37be, for that reason alone, prima facie evidence of detriment. The
38failure of the parent or legal guardian to participate regularly and
39make substantive progress in court-ordered treatment programs
40shall be prima facie evidence that return would be detrimental. In
P52   1making its determination, the court shall review and consider the
2social worker’s report and recommendations and the report and
3recommendations of any child advocate appointed pursuant to
4Section 356.5; shall consider the efforts or progress, or both,
5demonstrated by the parent or legal guardian and the extent to
6which he or she availed himself or herself of services provided;
7and shall make appropriate findings pursuant to subdivision (a) of
8Section 366.

9(2) Whether or not the child is returned to his or her parent or
10legal guardian, the court shall specify the factual basis for its
11decision. If the child is not returned to a parent or legal guardian,
12the court shall specify the factual basis for its conclusion that return
13would be detrimental. If the child is not returned to his or her parent
14or legal guardian, the court shall consider and state for the record,
15in-state and out-of-state options for the child’s permanent
16placement. If the child is placed out of the state, the court shall
17make a determination whether the out-of-state placement continues
18to be appropriate and in the best interests of the child.

19(3) If the child is not returned to a parent or legal guardian at
20the subsequent permanency review hearing, the court shall order
21that a hearing be held pursuant to Section 366.26 in order to
22determine whether adoption, or, in the case of an Indian child,
23tribal customary adoption, guardianship,begin insert placement with a fit and
24willing relative, or, if the child is 16 years of ageend insert
orbegin delete long-term
25foster careend delete
begin insert older and receiving specialized permanency services,
26in another planned permanent living arrangement,end insert
is the most
27appropriate plan for the child. On and after January 1, 2012, a
28hearing pursuant to Section 366.26 shall not be ordered if the child
29is a nonminor dependent, unless the nonminor dependent is an
30Indian child and tribal customary adoption is recommended as the
31permanent plan. However, if the court finds by clear and
32convincing evidence, based on the evidence already presented to
33it, including a recommendation by the State Department of Social
34Services when it is acting as an adoption agency or by a county
35adoption agency, that there is a compelling reason, as described
36in paragraph (5) of subdivision (g) of Section 366.21, for
37determining that a hearing held under Section 366.26 is not in the
38best interest of the child because the child is not a proper subject
39for adoption or, in the case of an Indian child, tribal customary
40adoption,begin delete andend delete has no one willing to accept legal guardianship,begin insert is
P53   1not placed with a fit and willing relative, and the child is 16 years
2of age or older and receiving specialized permanency services, as
3defined in Section 11400,end insert
then the court may, only under these
4circumstances, order that the child remain inbegin delete long-term foster care.end delete
5begin insert another planned permanent living arrangement. A child shall not
6be deemed not a proper subject for adoption or having no one
7willing to accept legal guardianship unless the child has received
8specialized permanency services, as defined in Section 11400.end insert
On
9and after January 1, 2012, the nonminor dependent’s legal status
10as an adult is in and of itself a compelling reason not to hold a
11hearing pursuant to Section 366.26. The court may order that a
12nonminor dependent who otherwise is eligible pursuant to Section
1311403 remain in a planned, permanent living arrangement. If the
14court orders that a child who isbegin delete 10end deletebegin insert 16end insert years of age or older remain
15inbegin delete long-term foster care,end deletebegin insert another planned permanent living
16arrangement,end insert
the court shall determine whether the agency has
17made reasonable efforts to maintain the child’s relationships with
18individuals other than the child’s siblings who are important to the
19child, consistent with the child’s best interests, and may make any
20appropriate order to ensure that those relationships are maintained.
21The hearing shall be held no later than 120 days from the date of
22the subsequent permanency review hearing. The court shall also
23order termination of reunification services to the parent or legal
24guardian. The court shall continue to permit the parent or legal
25guardian to visit the child unless it finds that visitation would be
26detrimental to the child. The court shall determine whether
27reasonable services have been offered or provided to the parent or
28legal guardian. For purposes of this paragraph, evidence of any of
29the following circumstances shall not, in and of themselves, be
30deemed a failure to provide or offer reasonable services:

31(A) The child has been placed with a foster family that is eligible
32to adopt a child, or has been placed in a preadoptive home.

33(B) The case plan includes services to make and finalize a
34permanent placement for the child if efforts to reunify fail.

35(C) Services to make and finalize a permanent placement for
36the child, if efforts to reunify fail, are provided concurrently with
37services to reunify the family.

38(b) (1) Whenever a court orders that a hearing pursuant to
39Section 366.26 shall be held, it shall direct the agency supervising
40the child and the county adoption agency, or the State Department
P54   1of Social Services when it is acting as an adoption agency, to
2prepare an assessment that shall include:

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

4(B) A review of the amount of, and nature of, any contact
5between the child and his or her parents and other members of his
6or her extended family since the time of placement. Although the
7extended family of each child shall be reviewed on a case-by-case
8basis, “extended family” for the purposes of this paragraph shall
9include, but not be limited to, the child’s siblings, grandparents,
10aunts, and uncles.

11(C) An evaluation of the child’s medical, developmental,
12scholastic, mental, and emotional status.

13(D) A preliminary assessment of the eligibility and commitment
14of any identified prospective adoptive parent or legal guardian,
15including a prospective tribal customary adoptive parent,
16particularly the caretaker, to include a social history including
17screening for criminal records and prior referrals for child abuse
18or neglect, the capability to meet the child’s needs, and the
19understanding of the legal and financial rights and responsibilities
20of adoption and guardianship. If a proposed legal guardian is a
21relative of the minor, the assessment shall also consider, but need
22not be limited to, all of the factors specified in subdivision (a) of
23Section 361.3 and in Section 361.4.

24(E) The relationship of the child to any identified prospective
25adoptive parent or legal guardian, including a prospective tribal
26customary adoptive parent, the duration and character of the
27relationship, the degree of attachment of the child to the prospective
28relative guardian or adoptive parent, the relative’s or adoptive
29parent’s strong commitment to caring permanently for the child,
30the motivation for seeking adoption or legal guardianship, a
31statement from the child concerning placement and the adoption
32or legal guardianship, and whether the child, if over 12 years of
33age, has been consulted about the proposed relative guardianship
34arrangements, unless the child’s age or physical, emotional, or
35other condition precludes his or her meaningful response, and if
36so, a description of the condition.

37(F) An analysis of the likelihood that the child will be adopted
38if parental rights are terminated.

39(G) In the case of an Indian child, in addition to subparagraphs
40(A) to (F), inclusive, an assessment of the likelihood that the child
P55   1will be adopted, when, in consultation with the child’s tribe, a
2tribal customary adoption, as defined in Section 366.24, is
3recommended. If tribal customary adoption is recommended, the
4assessment shall include an analysis of both of the following:

5(i) Whether tribal customary adoption would or would not be
6detrimental to the Indian child and the reasons for reaching that
7conclusion.

8(ii) Whether the Indian child cannot or should not be returned
9to the home of the Indian parent or Indian custodian and the reasons
10for reaching that conclusion.

11(2) (A) A relative caregiver’s preference for legal guardianship
12over adoption, if it is due to circumstances that do not include an
13unwillingness to accept legal or financial responsibility for the
14child, shall not constitute the sole basis for recommending removal
15of the child from the relative caregiver for purposes of adoptive
16placement.

17(B) Regardless of his or her immigration status, a relative
18caregiver shall be given information regarding the permanency
19options of guardianship and adoption, including the long-term
20benefits and consequences of each option, prior to establishing
21legal guardianship or pursuing adoption. If the proposed permanent
22plan is guardianship with an approved relative caregiver for a
23minor eligible for aid under the Kin-GAP Program, as provided
24for in Article 4.7 (commencing with Section 11385) of Chapter 2
25of Part 3 of Division 9, the relative caregiver shall be informed
26about the terms and conditions of the negotiated agreement
27pursuant to Section 11387 and shall agree to its execution prior to
28the hearing held pursuant to Section 366.26. A copy of the executed
29negotiated agreement shall be attached to the assessment.

30(c) If, at any hearing held pursuant to Section 366.26, a
31guardianship is established for the minor with an approved relative
32caregiver, and juvenile court dependency is subsequently
33dismissed, the minor shall be eligible for aid under the Kin-GAP
34Program, as provided for in Article 4.5 (commencing with Section
3511360) or Article 4.7 (commencing with Section 11385), as
36applicable, of Chapter 2 of Part 3 of Division 9.

37(d) As used in this section, “relative” means an adult who is
38related to the minor by blood, adoption, or affinity within the fifth
39degree of kinship, including stepparents, stepsiblings, and all
40relatives whose status is preceded by the words “great,”
P56   1“great-great,” or “grand,” or the spouse of any of those persons
2even if the marriage was terminated by death or dissolution. If the
3proposed permanent plan is guardianship with an approved relative
4caregiver for a minor eligible for aid under the Kin-GAP Program,
5as provided in Article 4.7 (commencing with Section 11385) of
6Chapter 2 of Part 3 of Division 9, “relative” as used in this section
7has the same meaning as “relative” as defined in subdivision (c)
8of Section 11391.

9(e) The implementation and operation of subdivision (a) enacted
10at the 2005-06 Regular Session shall be subject to appropriation
11through the budget process and by phase, as provided in Section
12366.35.

13begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 366.26 of the end insertbegin insertWelfare and Institutions Codeend insert
14begin insert is amended to read:end insert

15

366.26.  

(a) This section applies to children who are adjudged
16dependent children of the juvenile court pursuant to subdivision
17(d) of Section 360. The procedures specified herein are the
18exclusive procedures for conducting these hearings; Part 2
19(commencing with Section 3020) of Division 8 of the Family Code
20is not applicable to these proceedings. Section 8616.5 of the Family
21Code is applicable and available to all dependent children meeting
22the requirements of that section, if the postadoption contact
23agreement has been entered into voluntarily. For children who are
24adjudged dependent children of the juvenile court pursuant to
25subdivision (d) of Section 360, this section and Sections 8604,
268605, 8606, and 8700 of the Family Code and Chapter 5
27(commencing with Section 7660) of Part 3 of Division 12 of the
28Family Code specify the exclusive procedures for permanently
29terminating parental rights with regard to, or establishing legal
30guardianship of, the child while the child is a dependent child of
31the juvenile court.

32(b) At the hearing, which shall be held in juvenile court for all
33children who are dependents of the juvenile court, the court, in
34order to provide stable, permanent homes for these children, shall
35review the report as specified in Section 361.5, 366.21, 366.22, or
36366.25, shall indicate that the court has read and considered it,
37shall receive other evidence that the parties may present, and then
38shall make findings and orders in the following order of preference:

39(1) Terminate the rights of the parent or parents and order that
40the child be placed for adoption and, upon the filing of a petition
P57   1for adoption in the juvenile court, order that a hearing be set. The
2court shall proceed with the adoption after the appellate rights of
3the natural parents have been exhausted.

4(2) Order, without termination of parental rights, the plan of
5tribal customary adoption, as described in Section 366.24, through
6tribal custom, traditions, or law of the Indian child’s tribe, and
7upon the court affording the tribal customary adoption order full
8faith and credit at the continued selection and implementation
9hearing, order that a hearing be set pursuant to paragraph (2) of
10subdivision (e).

11(3) Appoint a relative or relatives with whom the child is
12currently residing as legal guardian or guardians for the child, and
13order that letters of guardianship issue.

14(4) On making a finding under paragraph (3) of subdivision (c),
15identify adoption or tribal customary adoption as the permanent
16placement goal and order that efforts be made to locate an
17appropriate adoptive family for the child within a period not to
18exceed 180 days.

19(5) Appoint a nonrelative legal guardian for the child and order
20that letters of guardianship issue.

begin insert

21(6) Order that the child be placed with a fit and willing relative,
22subject to periodic review of the juvenile court under Section 366.3.
23If the child is younger than 16 years of age and the court does not
24take one of the actions specified in paragraphs (1) to (5), inclusive,
25the court shall order that the child be placed with a fit and willing
26relative and shall not order that the child remain in another
27planned permanent living arrangement.

end insert
begin delete

28(6)

end delete

29begin insert(7)end insert Order that thebegin delete child be placedend deletebegin delete inend deletebegin delete long-term foster care,end deletebegin insert child,
30if 16 years of age or older and receiving specialized permanency
31services, as defined in Section 11400, in another planned
32permanent living arrangement,end insert
subject to the periodic review of
33the juvenile court under Section 366.3.

34In choosing among the above alternatives the court shall proceed
35pursuant to subdivision (c).

36(c) (1) If the court determines, based on the assessment provided
37as ordered under subdivision (i) of Section 366.21, subdivision (b)
38of Section 366.22, or subdivision (b) of Section 366.25, and any
39other relevant evidence, by a clear and convincing standard, that
40it is likely the child will be adopted, the court shall terminate
P58   1parental rights and order the child placed for adoption. The fact
2that the child is not yet placed in a preadoptive home nor with a
3relative or foster family who is prepared to adopt the child, shall
4not constitute a basis for the court to conclude that it is not likely
5the child will be adopted. A finding under subdivision (b) or
6paragraph (1) of subdivision (e) of Section 361.5 that reunification
7services shall not be offered, under subdivision (e) of Section
8366.21 that the whereabouts of a parent have been unknown for
9six months or that the parent has failed to visit or contact the child
10for six months, or that the parent has been convicted of a felony
11indicating parental unfitness, or, under Section 366.21 or 366.22,
12that the court has continued to remove the child from the custody
13of the parent or guardian and has terminated reunification services,
14shall constitute a sufficient basis for termination of parental rights.
15Under these circumstances, the court shall terminate parental rights
16unless either of the following applies:

17(A) The child is living with a relative who is unable or unwilling
18to adopt the child because of circumstances that do not include an
19unwillingness to accept legal or financial responsibility for the
20child, but who is willing and capable of providing the child with
21a stable and permanent environment through legal guardianship,
22and the removal of the child from the custody of his or her relative
23would be detrimental to the emotional well-being of the child. For
24purposes of an Indian child, “relative” shall include an “extended
25family member,” as defined in the federal Indian Child Welfare
26Act (25 U.S.C. Sec. 1903(2)).

27(B) The court finds a compelling reason for determining that
28termination would be detrimental to the child due to one or more
29of the following circumstances:

30(i) The parents have maintained regular visitation and contact
31with the child and the child would benefit from continuing the
32relationship.

33(ii) A child 12 years of age or older objects to termination of
34parental rights.

35(iii) The child is placed in a residential treatment facility,
36adoption is unlikely or undesirable, and continuation of parental
37rights will not prevent finding the child a permanent family
38placement if the parents cannot resume custody when residential
39care is no longer needed.

P59   1(iv) The child is living with a foster parent or Indian custodian
2who is unable or unwilling to adopt the child because of
3exceptional circumstances, that do not include an unwillingness
4to accept legal or financial responsibility for the child, but who is
5willing and capable of providing the child with a stable and
6permanent environment and the removal of the child from the
7physical custody of his or her foster parent or Indian custodian
8would be detrimental to the emotional well-being of the child. This
9clause does not apply to any child who is either (I) under six years
10of age or (II) a member of a sibling group where at least one child
11is under six years of age and the siblings are, or should be,
12permanently placed together.

13(v) There would be substantial interference with a child’s sibling
14relationship, taking into consideration the nature and extent of the
15relationship, including, but not limited to, whether the child was
16raised with a sibling in the same home, whether the child shared
17significant common experiences or has existing close and strong
18bonds with a sibling, and whether ongoing contact is in the child’s
19best interest, including the child’s long-term emotional interest,
20as compared to the benefit of legal permanence through adoption.

21(vi) The child is an Indian child and there is a compelling reason
22for determining that termination of parental rights would not be
23in the best interest of the child, including, but not limited to:

24(I) Termination of parental rights would substantially interfere
25with the child’s connection to his or her tribal community or the
26child’s tribal membership rights.

27(II) The child’s tribe has identified guardianship, long-term
28foster care with a fit and willing relative, tribal customary adoption,
29or another planned permanent living arrangement for the child.

30(III) The child is a nonminor dependent, and the nonminor and
31the nonminor’s tribe have identified tribal customary adoption for
32the nonminor.

33(C) For purposes of subparagraph (B), in the case of tribal
34customary adoptions, Section 366.24 shall apply.

35(D) If the court finds that termination of parental rights would
36be detrimental to the child pursuant to clause (i), (ii), (iii), (iv),
37(v), or (vi), it shall state its reasons in writing or on the record.

38(2) The court shall not terminate parental rights if:

39(A) At each hearing at which the court was required to consider
40reasonable efforts or services, the court has found that reasonable
P60   1efforts were not made or that reasonable services were not offered
2or provided.

3(B) In the case of an Indian child:

4(i) At the hearing terminating parental rights, the court has found
5 that active efforts were not made as required in Section 361.7.

6(ii) The court does not make a determination at the hearing
7terminating parental rights, supported by evidence beyond a
8reasonable doubt, including testimony of one or more “qualified
9expert witnesses” as defined in Section 224.6, that the continued
10custody of the child by the parent is likely to result in serious
11emotional or physical damage to the child.

12(iii) The court has ordered tribal customary adoption pursuant
13to Section 366.24.

14(3) If the court finds that termination of parental rights would
15not be detrimental to the child pursuant to paragraph (1) and that
16the child has a probability for adoption but is difficult to place for
17adoption and there is no identified or available prospective adoptive
18parent, the court may identify adoption as the permanent placement
19goal and without terminating parental rights, order that efforts be
20made to locate an appropriate adoptive family for the child, within
21the state or out of the state, within a period not to exceed 180 days.
22During this 180-day period, the public agency responsible for
23seeking adoptive parents for each child shall, to the extent possible,
24ask each child who is 10 years of age or older, to identify any
25individuals, other than the child’s siblings, who are important to
26the child, in order to identify potential adoptive parents. The public
27agency may ask any other child to provide that information, as
28appropriate. During the 180-day period, the public agency shall,
29to the extent possible, contact other private and public adoption
30agencies regarding the availability of the child for adoption. During
31the 180-day period, the public agency shall conduct the search for
32adoptive parents in the same manner as prescribed for children in
33Sections 8708 and 8709 of the Family Code. At the expiration of
34 this period, another hearing shall be held and the court shall
35proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision
36(b). For purposes of this section, a child may only be found to be
37difficult to place for adoption if there is no identified or available
38prospective adoptive parent for the child because of the child’s
39membership in a sibling group, or the presence of a diagnosed
P61   1medical, physical, or mental handicap, or the child is seven years
2of age or more.

3(4) (A) If the court finds that adoption of the child or
4termination of parental rights is not in the best interest of the child,
5because one of the conditions in clause (i), (ii), (iii), (iv), (v), or
6(vi) of subparagraph (B) of paragraph (1) or in paragraph (2)
7applies, the court shall either order that the present caretakers or
8other appropriate persons shall become legal guardians of thebegin insert child,
9order placement with a fit and willing relative, order that aend insert
child
10begin delete order that the childend deletebegin insert who is 16 years of age or older and receiving
11specialized permanency services, as defined in Section 11400,end insert

12 remain inbegin delete long-term foster care,end deletebegin insert another planned permanent living
13arrangement,end insert
or, in the case of an Indian child, consider a tribal
14customary adoption pursuant to Section 366.24. Legal guardianship
15shall be considered beforebegin delete long-term foster care,end deletebegin insert placement with
16a fit and willing relative or in another planned permanent living
17arrangement,end insert
if it is in the best interests of the child and if a
18suitable guardian can be found. A child who is 10 years of age or
19older, shall be asked to identify any individuals, other than the
20child’s siblings, who are important to the child, in order to identify
21potential guardians or, in the case of an Indian child, prospective
22tribal customary adoptive parents. The agency may ask any other
23child to provide that information, as appropriate.

24(B) If the child is living with a relative or a foster parent who
25is willing and capable of providing a stable and permanent
26environment, but not willing to become a legal guardian, the child
27shall not be removed from the home if the court finds the removal
28would be seriously detrimental to the emotional well-being of the
29child because the child has substantial psychological ties to the
30relative caretaker or foster parents.

31(C) The court shall also make an order for visitation with the
32parents or guardians unless the court finds by a preponderance of
33the evidence that the visitation would be detrimental to the physical
34or emotional well-being of the child.

35(5) If the court finds that the child should not be placed for
36adoption, that legal guardianship shall not be established, and that
37there are no suitable foster parents except exclusive-use homes
38available to provide the child with a stable and permanent
39environment, the court may order the care, custody, and control
40of the child transferred from the county welfare department to a
P62   1licensed foster family agency. The court shall consider the written
2recommendation of the county welfare director regarding the
3suitability of the transfer. The transfer shall be subject to further
4court orders.

5The licensed foster family agency shall place the child in a
6suitable licensed or exclusive-use home that has been certified by
7the agency as meeting licensing standards. The licensed foster
8family agency shall be responsible for supporting the child and
9providing appropriate services to the child, including those services
10ordered by the court. Responsibility for the support of the child
11shall not, in and of itself, create liability on the part of the foster
12family agency to third persons injured by the child. Those children
13whose care, custody, and control are transferred to a foster family
14agency shall not be eligible for foster care maintenance payments
15or child welfare services, except for emergency response services
16pursuant to Section 16504.

17(d) The proceeding for the appointment of a guardian for a child
18who is a dependent of the juvenile court shall be in the juvenile
19court. If the court finds pursuant to this section that legal
20guardianship is the appropriate permanent plan, it shall appoint
21the legal guardian and issue letters of guardianship. The assessment
22prepared pursuant to subdivision (g) of Section 361.5, subdivision
23(i) of Section 366.21, subdivision (b) of Section 366.22, and
24subdivision (b) of Section 366.25 shall be read and considered by
25the court prior to the appointment, and this shall be reflected in
26the minutes of the court. The person preparing the assessment may
27be called and examined by any party to the proceeding.

28(e) (1) The proceeding for the adoption of a child who is a
29dependent of the juvenile court shall be in the juvenile court if the
30court finds pursuant to this section that adoption is the appropriate
31permanent plan and the petition for adoption is filed in the juvenile
32court. Upon the filing of a petition for adoption, the juvenile court
33shall order that an adoption hearing be set. The court shall proceed
34with the adoption after the appellate rights of the natural parents
35have been exhausted. The full report required by Section 8715 of
36the Family Code shall be read and considered by the court prior
37to the adoption and this shall be reflected in the minutes of the
38court. The person preparing the report may be called and examined
39by any party to the proceeding. It is the intent of the Legislature,
40pursuant to this subdivision, to give potential adoptive parents the
P63   1option of filing in the juvenile court the petition for the adoption
2of a child who is a dependent of the juvenile court. Nothing in this
3section is intended to prevent the filing of a petition for adoption
4in any other court as permitted by law, instead of in the juvenile
5court.

6(2) In the case of an Indian child, if the Indian child’s tribe has
7elected a permanent plan of tribal customary adoption, the court,
8upon receiving the tribal customary adoption order will afford the
9tribal customary adoption order full faith and credit to the same
10extent that the court would afford full faith and credit to the public
11acts, records, judicial proceedings, and judgments of any other
12entity. Upon a determination that the tribal customary adoption
13order may be afforded full faith and credit, consistent with Section
14224.5, the court shall thereafter order a hearing to finalize the
15adoption be set upon the filing of the adoption petition. The
16prospective tribal customary adoptive parents and the child who
17is the subject of the tribal customary adoption petition shall appear
18before the court for the finalization hearing. The court shall
19thereafter issue an order of adoption pursuant to Section 366.24.

20(3) If a child who is the subject of a finalized tribal customary
21adoption shows evidence of a developmental disability or mental
22illness as a result of conditions existing before the tribal customary
23adoption to the extent that the child cannot be relinquished to a
24licensed adoption agency on the grounds that the child is considered
25unadoptable, and of which condition the tribal customary adoptive
26parent or parents had no knowledge or notice before the entry of
27the tribal customary adoption order, a petition setting forth those
28facts may be filed by the tribal customary adoptive parent or
29parents with the juvenile court that granted the tribal customary
30adoption petition. If these facts are proved to the satisfaction of
31the juvenile court, it may make an order setting aside the tribal
32customary adoption order. The set aside petition shall be filed
33within five years of the issuance of the tribal customary adoption
34order. The court clerk shall immediately notify the child’s tribe
35and the department in Sacramento of the petition within 60 days
36after the notice of filing of the petition. The department shall file
37a full report with the court and shall appear before the court for
38the purpose of representing the child. Whenever a final decree of
39tribal customary adoption has been vacated or set aside, the child
40shall be returned to the custody of the county in which the
P64   1proceeding for tribal customary adoption was finalized. The
2biological parent or parents of the child may petition for return of
3custody. The disposition of the child after the court has entered an
4order to set aside a tribal customary adoption shall include
5consultation with the child’s tribe.

6(f) At the beginning of any proceeding pursuant to this section,
7if the child or the parents are not being represented by previously
8retained or appointed counsel, the court shall proceed as follows:

9(1) In accordance with subdivision (c) of Section 317, if a child
10before the court is without counsel, the court shall appoint counsel
11unless the court finds that the child would not benefit from the
12appointment of counsel. The court shall state on the record its
13reasons for that finding.

14(2) If a parent appears without counsel and is unable to afford
15counsel, the court shall appoint counsel for the parent, unless this
16representation is knowingly and intelligently waived. The same
17counsel shall not be appointed to represent both the child and his
18or her parent. The public defender or private counsel may be
19appointed as counsel for the parent.

20(3) Private counsel appointed under this section shall receive a
21reasonable sum for compensation and expenses, the amount of
22which shall be determined by the court. The amount shall be paid
23by the real parties in interest, other than the child, in any
24proportions the court deems just. However, if the court finds that
25any of the real parties in interest are unable to afford counsel, the
26amount shall be paid out of the general fund of the county.

27(g) The court may continue the proceeding for a period of time
28not to exceed 30 days as necessary to appoint counsel, and to
29enable counsel to become acquainted with the case.

30(h) (1) At all proceedings under this section, the court shall
31consider the wishes of the child and shall act in the best interests
32of the child.

33(2) In accordance with Section 349, the child shall be present
34in court if the child or the child’s counsel so requests or the court
35so orders. If the child is 10 years of age or older and is not present
36at a hearing held pursuant to this section, the court shall determine
37whether the minor was properly notified of his or her right to attend
38the hearing and inquire as to the reason why the child is not present.

39(3) (A) The testimony of the child may be taken in chambers
40and outside the presence of the child’s parent or parents, if the
P65   1child’s parent or parents are represented by counsel, the counsel
2is present, and any of the following circumstances exists:

3(i) The court determines that testimony in chambers is necessary
4to ensure truthful testimony.

5(ii) The child is likely to be intimidated by a formal courtroom
6setting.

7(iii) The child is afraid to testify in front of his or her parent or
8parents.

9(B) After testimony in chambers, the parent or parents of the
10child may elect to have the court reporter read back the testimony
11or have the testimony summarized by counsel for the parent or
12parents.

13(C) The testimony of a child also may be taken in chambers and
14outside the presence of the guardian or guardians of a child under
15the circumstances specified in this subdivision.

16(i) (1) Any order of the court permanently terminating parental
17rights under this section shall be conclusive and binding upon the
18child, upon the parent or parents and upon all other persons who
19have been served with citation by publication or otherwise as
20provided in this chapter. After making the order, the juvenile court
21shall have no power to set aside, change, or modify it, except as
22provided in paragraph (2), but nothing in this section shall be
23construed to limit the right to appeal the order.

24(2) A tribal customary adoption order evidencing that the Indian
25child has been the subject of a tribal customary adoption shall be
26afforded full faith and credit and shall have the same force and
27effect as an order of adoption authorized by this section. The rights
28and obligations of the parties as to the matters determined by the
29Indian child’s tribe shall be binding on all parties. A court shall
30not order compliance with the order absent a finding that the party
31seeking the enforcement participated, or attempted to participate,
32in good faith, in family mediation services of the court or dispute
33resolution through the tribe regarding the conflict, prior to the
34filing of the enforcement action.

35(3) A child who has not been adopted after the passage of at
36least three years from the date the court terminated parental rights
37and for whom the court has determined that adoption is no longer
38the permanent plan may petition the juvenile court to reinstate
39parental rights pursuant to the procedure prescribed by Section
40388. The child may file the petition prior to the expiration of this
P66   1three-year period if the State Department of Social Services, county
2adoption agency, or licensed adoption agency that is responsible
3for custody and supervision of the child as described in subdivision
4(j) and the child stipulate that the child is no longer likely to be
5adopted. A child over 12 years of age shall sign the petition in the
6absence of a showing of good cause as to why the child could not
7do so. If it appears that the best interests of the child may be
8promoted by reinstatement of parental rights, the court shall order
9that a hearing be held and shall give prior notice, or cause prior
10notice to be given, to the social worker or probation officer and to
11the child’s attorney of record, or, if there is no attorney of record
12for the child, to the child, and the child’s tribe, if applicable, by
13means prescribed by subdivision (c) of Section 297. The court
14shall order the child or the social worker or probation officer to
15 give prior notice of the hearing to the child’s former parent or
16parents whose parental rights were terminated in the manner
17prescribed by subdivision (f) of Section 294 where the
18recommendation is adoption. The juvenile court shall grant the
19petition if it finds by clear and convincing evidence that the child
20is no longer likely to be adopted and that reinstatement of parental
21rights is in the child’s best interest. If the court reinstates parental
22rights over a child who is under 12 years of age and for whom the
23new permanent plan will not be reunification with a parent or legal
24guardian, the court shall specify the factual basis for its findings
25that it is in the best interest of the child to reinstate parental rights.
26This subdivision is intended to be retroactive and applies to any
27child who is under the jurisdiction of the juvenile court at the time
28of the hearing regardless of the date parental rights were terminated.

29(j) If the court, by order or judgment, declares the child free
30from the custody and control of both parents, or one parent if the
31other does not have custody and control, or declares the child
32eligible for tribal customary adoption, the court shall at the same
33time order the child referred to the State Department of Social
34Services, county adoption agency, or licensed adoption agency for
35adoptive placement by the agency. However, except in the case
36of a tribal customary adoption where there is no termination of
37parental rights, a petition for adoption may not be granted until
38the appellate rights of the natural parents have been exhausted.
39The State Department of Social Services, county adoption agency,
40or licensed adoption agency shall be responsible for the custody
P67   1and supervision of the child and shall be entitled to the exclusive
2care and control of the child at all times until a petition for adoption
3or tribal customary adoption is granted, except as specified in
4subdivision (n). With the consent of the agency, the court may
5appoint a guardian of the child, who shall serve until the child is
6adopted.

7(k) Notwithstanding any otherbegin delete provision ofend delete law, the application
8of any person who, as a relative caretaker or foster parent, has
9cared for a dependent child for whom the court has approved a
10permanent plan for adoption, or who has been freed for adoption,
11shall be given preference with respect to that child over all other
12applications for adoptive placement if the agency making the
13placement determines that the child has substantial emotional ties
14to the relative caretaker or foster parent and removal from the
15relative caretaker or foster parent would be seriously detrimental
16to the child’s emotional well-being.

17As used in this subdivision, “preference” means that the
18application shall be processed and, if satisfactory, the family study
19shall be completed before the processing of the application of any
20other person for the adoptive placement of the child.

21(l) (1) An order by the court that a hearing pursuant to this
22section be held is not appealable at any time unless all of the
23following apply:

24(A) A petition for extraordinary writ review was filed in a timely
25manner.

26(B) The petition substantively addressed the specific issues to
27be challenged and supported that challenge by an adequate record.

28(C) The petition for extraordinary writ review was summarily
29denied or otherwise not decided on the merits.

30(2) Failure to file a petition for extraordinary writ review within
31the period specified by rule, to substantively address the specific
32issues challenged, or to support that challenge by an adequate
33record shall preclude subsequent review by appeal of the findings
34and orders made pursuant to this section.

35(3) The Judicial Council shall adopt rules of court, effective
36January 1, 1995, to ensure all of the following:

37(A) A trial court, after issuance of an order directing a hearing
38pursuant to this section be held, shall advise all parties of the
39requirement of filing a petition for extraordinary writ review as
40set forth in this subdivision in order to preserve any right to appeal
P68   1in these issues. This notice shall be made orally to a party if the
2party is present at the time of the making of the order or by
3first-class mail by the clerk of the court to the last known address
4of a party not present at the time of the making of the order.

5(B) The prompt transmittal of the records from the trial court
6to the appellate court.

7(C) That adequate time requirements for counsel and court
8personnel exist to implement the objective of this subdivision.

9(D) That the parent or guardian, or their trial counsel or other
10counsel, is charged with the responsibility of filing a petition for
11extraordinary writ relief pursuant to this subdivision.

12(4) The intent of this subdivision is to do both of the following:

13(A) Make every reasonable attempt to achieve a substantive and
14meritorious review by the appellate court within the time specified
15in Sections 366.21, 366.22, and 366.25 for holding a hearing
16pursuant to this section.

17(B) Encourage the appellate court to determine all writ petitions
18filed pursuant to this subdivision on their merits.

19(5) This subdivision shall only apply to cases in which an order
20to set a hearing pursuant to this section is issued on or after January
211, 1995.

22(m) Except for subdivision (j), this section shall also apply to
23minors adjudged wards pursuant to Section 727.31.

24(n) (1) Notwithstanding Section 8704 of the Family Code or
25any otherbegin delete provision ofend delete law, the court, at a hearing held pursuant
26to this section or anytime thereafter, may designate a current
27caretaker as a prospective adoptive parent if the child has lived
28with the caretaker for at least six months, the caretaker currently
29expresses a commitment to adopt the child, and the caretaker has
30taken at least one step to facilitate the adoption process. In
31determining whether to make that designation, the court may take
32into consideration whether the caretaker is listed in the preliminary
33assessment prepared by the county department in accordance with
34subdivision (i) of Section 366.21 as an appropriate person to be
35considered as an adoptive parent for the child and the
36recommendation of the State Department of Social Services, county
37adoption agency, or licensed adoption agency.

38(2) For purposes of this subdivision, steps to facilitate the
39adoption process include, but are not limited to, the following:

40(A) Applying for an adoption home study.

P69   1(B) Cooperating with an adoption home study.

2(C) Being designated by the court or the adoption agency as the
3adoptive family.

4(D) Requesting de facto parent status.

5(E) Signing an adoptive placement agreement.

6(F) Engaging in discussions regarding a postadoption contact
7agreement.

8(G) Working to overcome any impediments that have been
9identified by the State Department of Social Services, county
10adoption agency, or licensed adoption agency.

11(H) Attending classes required of prospective adoptive parents.

12(3) Prior to a change in placement and as soon as possible after
13a decision is made to remove a child from the home of a designated
14prospective adoptive parent, the agency shall notify the court, the
15designated prospective adoptive parent or the current caretaker, if
16that caretaker would have met the threshold criteria to be
17designated as a prospective adoptive parent pursuant to paragraph
18(1) on the date of service of this notice, the child’s attorney, and
19the child, if the child is 10 years of age or older, of the proposal
20in the manner described in Section 16010.6.

21(A) Within five court days or seven calendar days, whichever
22is longer, of the date of notification, the child, the child’s attorney,
23or the designated prospective adoptive parent may file a petition
24with the court objecting to the proposal to remove the child, or the
25court, upon its own motion, may set a hearing regarding the
26proposal. The court may, for good cause, extend the filing period.
27A caretaker who would have met the threshold criteria to be
28designated as a prospective adoptive parent pursuant to paragraph
29(1) on the date of service of the notice of proposed removal of the
30child may file, together with the petition under this subparagraph,
31a petition for an order designating the caretaker as a prospective
32adoptive parent for purposes of this subdivision.

33(B) A hearing ordered pursuant to this paragraph shall be held
34as soon as possible and not later than five court days after the
35petition is filed with the court or the court sets a hearing upon its
36own motion, unless the court for good cause is unable to set the
37matter for hearing five court days after the petition is filed, in
38which case the court shall set the matter for hearing as soon as
39possible. At the hearing, the court shall determine whether the
40caretaker has met the threshold criteria to be designated as a
P70   1prospective adoptive parent pursuant to paragraph (1), and whether
2the proposed removal of the child from the home of the designated
3prospective adoptive parent is in the child’s best interest, and the
4child may not be removed from the home of the designated
5prospective adoptive parent unless the court finds that removal is
6in the child’s best interest. If the court determines that the caretaker
7did not meet the threshold criteria to be designated as a prospective
8adoptive parent on the date of service of the notice of proposed
9removal of the child, the petition objecting to the proposed removal
10filed by the caretaker shall be dismissed. If the caretaker was
11designated as a prospective adoptive parent prior to this hearing,
12the court shall inquire into any progress made by the caretaker
13towards the adoption of the child since the caretaker was designated
14as a prospective adoptive parent.

15(C) A determination by the court that the caretaker is a
16designated prospective adoptive parent pursuant to paragraph (1)
17or subparagraph (B) does not make the caretaker a party to the
18dependency proceeding nor does it confer on the caretaker any
19standing to object to any other action of the department, county
20adoption agency, or licensed adoption agency, unless the caretaker
21has been declared a de facto parent by the court prior to the notice
22of removal served pursuant to paragraph (3).

23(D) If a petition objecting to the proposal to remove the child
24is not filed, and the court, upon its own motion, does not set a
25hearing, the child may be removed from the home of the designated
26prospective adoptive parent without a hearing.

27(4) Notwithstanding paragraph (3), if the State Department of
28 Social Services, county adoption agency, or licensed adoption
29agency determines that the child must be removed from the home
30of the caretaker who is or may be a designated prospective adoptive
31parent immediately, due to a risk of physical or emotional harm,
32the agency may remove the child from that home and is not
33required to provide notice prior to the removal. However, as soon
34as possible and not longer than two court days after the removal,
35the agency shall notify the court, the caretaker who is or may be
36a designated prospective adoptive parent, the child’s attorney, and
37the child, if the child is 10 years of age or older, of the removal.
38Within five court days or seven calendar days, whichever is longer,
39of the date of notification of the removal, the child, the child’s
40attorney, or the caretaker who is or may be a designated prospective
P71   1adoptive parent may petition for, or the court on its own motion
2may set, a noticed hearing pursuant to paragraph (3). The court
3may, for good cause, extend the filing period.

4(5) Except as provided in subdivision (b) of Section 366.28, an
5order by the court issued after a hearing pursuant to this subdivision
6shall not be appealable.

7(6) Nothing in this section shall preclude a county child
8protective services agency from fully investigating and responding
9to alleged abuse or neglect of a child pursuant to Section 11165.5
10of the Penal Code.

11(7) The Judicial Council shall prepare forms to facilitate the
12filing of the petitions described in this subdivision, which shall
13become effective on January 1, 2006.

14(o) The implementation and operation of the amendments to
15paragraph (3) of subdivision (c) and subparagraph (A) of paragraph
16(4) of subdivision (c) enacted at the 2005-06 Regular Session shall
17be subject to appropriation through the budget process and by
18phase, as provided in Section 366.35.

19begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 366.27 of the end insertbegin insertWelfare and Institutions Codeend insert
20begin insert is amended to read:end insert

21

366.27.  

(a) If a court, pursuant to paragraph (5) of subdivision
22(g) of Section 366.21, Section 366.22, Section 366.25, or Section
23366.26, orders the placement of a minorbegin delete inend deletebegin insert withend insert abegin delete planned
24permanent living arrangement with aend delete
begin insert fit and willingend insert relative, the
25court may authorize the relative to provide the same legal consent
26for the minor’s medical, surgical, and dental care as the custodial
27parent of the minor.

28(b) If a court orders the placement of a minor inbegin delete aend deletebegin insert anotherend insert
29 planned permanent living arrangement with a foster parent, relative
30caretaker, or nonrelative extended family member as defined in
31Section 362.7, the court may limit the right of the minor’s parent
32or guardian to make educational decisions on the minor’s behalf,
33so that the foster parent, relative caretaker, or nonrelative extended
34family member may exercise the educational consent duties
35pursuant to Section 56055 of the Education Code.

36(c) If a court orders the placement of a minor inbegin delete aend deletebegin insert anotherend insert
37 planned permanent living arrangement, for purposes of this section,
38a foster parent shall include a person, relative caretaker, or a
39nonrelative extended family member as defined in Section 362.7,
40who has been licensed or approved by the county welfare
P72   1department, county probation department, or the State Department
2of Social Services, or has been designated by the court as a
3specified placement.

4begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 366.3 of the end insertbegin insertWelfare and Institutions Codeend insert
5begin insert is amended to read:end insert

6

366.3.  

(a) If a juvenile court orders a permanent plan of
7adoption, tribal customary adoption, adoption of a nonminor
8dependent pursuant to subdivision (f) of Section 366.31, or legal
9guardianship pursuant to Section 360 or 366.26, the court shall
10retain jurisdiction over the child or nonminor dependent until the
11child or nonminor dependent is adopted or the legal guardianship
12is established, except as provided for in Section 366.29 or, on and
13after January 1, 2012, Section 366.32. The status of the child or
14nonminor dependent shall be reviewed every six months to ensure
15that the adoption or legal guardianship is completed as
16expeditiously as possible. When the adoption of the child or
17nonminor dependent has been granted, or in the case of a tribal
18customary adoption, when the tribal customary adoption order has
19been afforded full faith and credit and the petition for adoption
20has been granted, the court shall terminate its jurisdiction over the
21child or nonminor dependent. Following establishment of a legal
22guardianship, the court may continue jurisdiction over the child
23as a dependent child of the juvenile court or may terminate its
24dependency jurisdiction and retain jurisdiction over the child as a
25ward of the legal guardianship, as authorized by Section 366.4. If,
26however, a relative of the child is appointed the legal guardian of
27the child and the child has been placed with the relative for at least
28six months, the court shall, except if the relative guardian objects,
29or upon a finding of exceptional circumstances, terminate its
30dependency jurisdiction and retain jurisdiction over the child as a
31ward of the guardianship, as authorized by Section 366.4.
32Following a termination of parental rights, the parent or parents
33shall not be a party to, or receive notice of, any subsequent
34proceedings regarding the child.

35(b) If the court has dismissed dependency jurisdiction following
36the establishment of a legal guardianship, or no dependency
37jurisdiction attached because of the granting of a legal guardianship
38pursuant to Section 360, and the legal guardianship is subsequently
39revoked or otherwise terminated, the county department of social
40services or welfare department shall notify the juvenile court of
P73   1this fact. The court may vacate its previous order dismissing
2dependency jurisdiction over the child.

3Notwithstanding Section 1601 of the Probate Code, the
4proceedings to terminate a legal guardianship that has been granted
5pursuant to Section 360 or 366.26 shall be held either in the
6juvenile court that retains jurisdiction over the guardianship as
7authorized by Section 366.4 or the juvenile court in the county
8where the guardian and child currently reside, based on the best
9interests of the child, unless the termination is due to the
10emancipation or adoption of the child. The juvenile court having
11jurisdiction over the guardianship shall receive notice from the
12court in which the petition is filed within five calendar days of the
13filing. Prior to the hearing on a petition to terminate legal
14guardianship pursuant to this subdivision, the court shall order the
15county department of social services or welfare department having
16jurisdiction or jointly with the county department where the
17guardian and child currently reside to prepare a report, for the
18court’s consideration, that shall include an evaluation of whether
19the child could safely remain in, or be returned to, the legal
20guardian’s home, without terminating the legal guardianship, if
21services were provided to the child or legal guardian. If applicable,
22the report shall also identify recommended family maintenance or
23reunification services to maintain the legal guardianship and set
24forth a plan for providing those services. If the petition to terminate
25legal guardianship is granted, either juvenile court may resume
26dependency jurisdiction over the child, and may order the county
27department of social services or welfare department to develop a
28new permanent plan, which shall be presented to the court within
2960 days of the termination. If no dependency jurisdiction has
30attached, the social worker shall make any investigation he or she
31deems necessary to determine whether the child may be within the
32jurisdiction of the juvenile court, as provided in Section 328.

33Unless the parental rights of the child’s parent or parents have
34been terminated, they shall be notified that the legal guardianship
35has been revoked or terminated and shall be entitled to participate
36in the new permanency planning hearing. The court shall try to
37place the child in another permanent placement. At the hearing,
38the parents may be considered as custodians but the child shall not
39be returned to the parent or parents unless they prove, by a
40 preponderance of the evidence, that reunification is the best
P74   1alternative for the child. The court may, if it is in the best interests
2of the child, order that reunification services again be provided to
3the parent or parents.

4(c) If, following the establishment of a legal guardianship, the
5county welfare department becomes aware of changed
6circumstances that indicate adoption or, for an Indian child, tribal
7customary adoption, may be an appropriate plan for the child, the
8department shall so notify the court. The court may vacate its
9previous order dismissing dependency jurisdiction over the child
10and order that a hearing be held pursuant to Section 366.26 to
11determine whether adoption or continued legal guardianship is the
12most appropriate plan for the child. The hearing shall be held no
13later than 120 days from the date of the order. If the court orders
14that a hearing shall be held pursuant to Section 366.26, the court
15shall direct the agency supervising the child and the county
16adoption agency, or the State Department of Social Services if it
17is acting as an adoption agency, to prepare an assessment under
18subdivision (b) of Section 366.22.

19(d) If the child or, on and after January 1, 2012, nonminor
20dependent is in a placement other than the home of a legal guardian
21and jurisdiction has not been dismissed, the status of the child shall
22be reviewed at least every six months. The review of the status of
23a child for whom the court has ordered parental rights terminated
24and who has been ordered placed for adoption shall be conducted
25by the court. The review of the status of a child or, on and after
26January 1, 2012, nonminor dependent for whom the court has not
27ordered parental rights terminated and who has not been ordered
28placed for adoption may be conducted by the court or an
29appropriate local agency. The court shall conduct the review under
30the following circumstances:

31(1) Upon the request of the child’s parents or legal guardians.

32(2) Upon the request of the child or, on and after January 1,
332012, nonminor dependent.

34(3) It has been 12 months since a hearing held pursuant to
35Section 366.26 or an order that the child remain inbegin delete long-term foster
36careend delete
begin insert another planned permanent living arrangementend insert pursuant to
37Section 366.21, 366.22, 366.25, 366.26, or subdivision (h).

38(4) It has been 12 months since a review was conducted by the
39court.

P75   1The court shall determine whether or not reasonable efforts to
2make and finalize a permanent placement for the child have been
3made.

4(e) Except as provided in subdivision (g), at the review held
5every six months pursuant to subdivision (d), the reviewing body
6shall inquire about the progress being made to provide a permanent
7home for the child, shall consider the safety of the child, and shall
8determine all of the following:

9(1) The continuing necessity for, and appropriateness of, the
10placement.

11(2) Identification of individuals other than the child’s siblings
12who are important to a child who is 10 years of age or older and
13has been in out-of-home placement for six months or longer, and
14actions necessary to maintain the child’s relationship with those
15individuals, provided that those relationships are in the best interest
16of the child. The social worker shall ask every child who is 10
17years of age or older and who has been in out-of-home placement
18for six months or longer to identify individuals other than the
19child’s siblings who are important to the child, and may ask any
20other child to provide that information, as appropriate. The social
21worker shall make efforts to identify other individuals who are
22important to the child, consistent with the child’s best interests.

23(3) The continuing appropriateness and extent of compliance
24with the permanent plan for the child, including efforts to maintain
25relationships between a child who is 10 years of age or older and
26who has been in out-of-home placement for six months or longer
27and individuals who are important to the child and efforts to
28identify a prospective adoptive parent or legal guardian, including,
29but not limited to, child-specific recruitment efforts and listing on
30an adoption exchange.

31(4) The extent of the agency’s compliance with the child welfare
32services case plan in making reasonable efforts either to return the
33child to the safe home of the parent or to complete whatever steps
34are necessary to finalize the permanent placement of the child. If
35the reviewing body determines that a second period of reunification
36services is in the child’s best interests, and that there is a significant
37 likelihood of the child’s return to a safe home due to changed
38circumstances of the parent, pursuant to subdivision (f), the specific
39reunification services required to effect the child’s return to a safe
40home shall be described.

P76   1(5) Whether there should be any limitation on the right of the
2parent or guardian to make educational decisions or developmental
3services decisions for the child. That limitation shall be specifically
4addressed in the court order and may not exceed what is necessary
5to protect the child. If the court specifically limits the right of the
6parent or guardian to make educational decisions or developmental
7services decisions for the child, the court shall at the same time
8appoint a responsible adult to make educational decisions or
9developmental services decisions for the child pursuant to Section
10361.

11(6) The adequacy of services provided to the child. The court
12shall consider the progress in providing the information and
13documents to the child, as described in Section 391. The court
14shall also consider the need for, and progress in providing, the
15assistance and services described in Section 391.

16(7) The extent of progress the parents or legal guardians have
17made toward alleviating or mitigating the causes necessitating
18placement in foster care.

19(8) The likely date by which the child may be returned to, and
20safely maintained in, the home, placed for adoption, legal
21guardianship,begin insert with a fit and willing relative, or, if 16 years of age
22or older and receiving specialized permanency services, as definedend insert

23 inbegin insert Section 11400, inend insert another planned permanent living arrangement,
24or, for an Indian child, in consultation with the child’s tribe, placed
25for tribal customary adoption.

26(9) Whether the child has any siblings under the court’s
27jurisdiction, and, if any siblings exist, all of the following:

28(A) The nature of the relationship between the child and his or
29her siblings.

30(B) The appropriateness of developing or maintaining the sibling
31relationships pursuant to Section 16002.

32(C) If the siblings are not placed together in the same home,
33why the siblings are not placed together and what efforts are being
34made to place the siblings together, or why those efforts are not
35appropriate.

36(D) If the siblings are not placed together, all of the following:

37(i) The frequency and nature of the visits between the siblings.

38(ii) If there are visits between the siblings, whether the visits
39are supervised or unsupervised. If the visits are supervised, a
P77   1discussion of the reasons why the visits are supervised, and what
2needs to be accomplished in order for the visits to be unsupervised.

3(iii) If there are visits between the siblings, a description of the
4location and length of the visits.

5(iv) Any plan to increase visitation between the siblings.

6(E) The impact of the sibling relationships on the child’s
7placement and planning for legal permanence.

8The factors the court may consider as indicators of the nature of
9the child’s sibling relationships include, but are not limited to,
10whether the siblings were raised together in the same home,
11whether the siblings have shared significant common experiences
12or have existing close and strong bonds, whether either sibling
13expresses a desire to visit or live with his or her sibling, as
14applicable, and whether ongoing contact is in the child’s best
15emotional interests.

16(10) For a child who is 16 years of age or older, and, effective
17January 1, 2012, for a nonminor dependent, the services needed
18to assist the child or nonminor dependent to make the transition
19from foster care tobegin delete independent living.end deletebegin insert successful adulthood.end insert

20The reviewing body shall determine whether or not reasonable
21efforts to make and finalize a permanent placement for the child
22have been made.

23Each licensed foster family agency shall submit reports for each
24child in its care, custody, and control to the court concerning the
25continuing appropriateness and extent of compliance with the
26child’s permanent plan, the extent of compliance with the case
27plan, and the type and adequacy of services provided to the child.

28(f) Unless their parental rights have been permanently
29terminated, the parent or parents of the child are entitled to receive
30notice of, and participate in, those hearings. It shall be presumed
31that continued care is in the best interests of the child, unless the
32parent or parents prove, by a preponderance of the evidence, that
33further efforts at reunification are the best alternative for the child.
34In those cases, the court may order that further reunification
35services to return the child to a safe home environment be provided
36to the parent or parents up to a period of six months, and family
37maintenance services, as needed for an additional six months in
38order to return the child to a safe home environment. On and after
39January 1, 2012, this subdivision shall not apply to the parents of
40a nonminor dependent.

P78   1(g) At the review conducted by the court and held at least every
2six months, regarding a child for whom the court has ordered
3parental rights terminated and who has been ordered placed for
4adoption, or, for an Indian child for whom parental rights are not
5being terminated and a tribal customary adoption is being
6considered, the county welfare department shall prepare and present
7to the court a report describing the following:

8(1) The child’s present placement.

9(2) The child’s current physical, mental, emotional, and
10educational status.

11(3) If the child has not been placed with a prospective adoptive
12parent or guardian, identification of individuals, other than the
13child’s siblings, who are important to the child and actions
14necessary to maintain the child’s relationship with those
15individuals, provided that those relationships are in the best interest
16of the child. The agency shall ask every child who is 10 years of
17age or older to identify any individuals who are important to him
18or her, consistent with the child’s best interest, and may ask any
19child who is younger than 10 years of age to provide that
20information as appropriate. The agency shall make efforts to
21identify other individuals who are important to the child.

22(4) Whether the child has been placed with a prospective
23adoptive parent or parents.

24(5) Whether an adoptive placement agreement has been signed
25and filed.

26(6) If the child has not been placed with a prospective adoptive
27parent or parents, the efforts made to identify an appropriate
28prospective adoptive parent or legal guardian, including, but not
29limited to, child-specific recruitment efforts and listing on an
30adoption exchange.

31(7) Whether the final adoption order should include provisions
32for postadoptive sibling contact pursuant to Section 366.29.

33(8) The progress of the search for an adoptive placement if one
34has not been identified.

35(9) Any impediments to the adoption or the adoptive placement.

36(10) The anticipated date by which the child will be adopted or
37placed in an adoptive home.

38(11) The anticipated date by which an adoptive placement
39agreement will be signed.

P79   1(12) Recommendations for court orders that will assist in the
2placement of the child for adoption or in the finalization of the
3adoption.

4The court shall determine whether or not reasonable efforts to
5make and finalize a permanent placement for the child have been
6made.

7The court shall make appropriate orders to protect the stability
8of the child and to facilitate and expedite the permanent placement
9and adoption of the child.

10(h) At the review held pursuant to subdivision (d) for a child in
11begin delete long-term foster care,end deletebegin insert another planned permanent living
12arrangement,end insert
the court shall consider all permanency planning
13options for thebegin delete childend deletebegin insert child,end insert including whether the child should be
14returned to the home of the parent, placed for adoption, or, for an
15Indian child, in consultation with the child’s tribe, placed for tribal
16customary adoption, or appointed a legal guardian,begin insert placed with a
17fit and willing relative,end insert
or, if compelling reasons exist for finding
18that none of the foregoing options are in the best interest of the
19child, whetherbegin delete theend deletebegin insert aend insert childbegin insert who is 16 years of age or older and
20receiving specialized permanency services, as defined in Section
2111400,end insert
should be placed in another planned permanent living
22arrangement. The court shall order that a hearing be held pursuant
23to Section 366.26, unless it determines by clear and convincing
24evidence that there is a compelling reason for determining that a
25hearing held pursuant to Section 366.26 is not in the best interest
26of the child because the child is being returned to the home of the
27parent, the child is not a proper subject for adoption, or no one is
28willing to accept legal guardianship. If the county adoption agency,
29or the department when it is acting as an adoption agency, has
30determined it is unlikely that the child will be adopted or one of
31the conditions described in paragraph (1) of subdivision (c) of
32Section 366.26 applies, that fact shall constitute a compelling
33reason for purposes of this subdivision. Only upon that
34determination may the court order that the childbegin insert be placed with a
35fit and willing relative, or, if the child is 16 years of age or older
36and receiving specialized permanency services, as defined in
37Section 11400,end insert
remain inbegin delete long-term foster care,end deletebegin insert another planned
38permanent living arrangementend insert
without holding a hearing pursuant
39to Section 366.26.begin insert A child shall not be deemed unlikely to be
40adopted or not a proper subject for adoption unless the child has
P80   1received specialized permanency services, as defined in Section
211400.end insert
On and after January 1, 2012, the nonminor dependent’s
3legal status as an adult is in and of itself a compelling reason not
4to hold a hearing pursuant to Section 366.26.

5(i) If, as authorized by subdivision (h), the court orders a hearing
6pursuant to Section 366.26, the court shall direct the agency
7supervising the child and the county adoption agency, or the State
8Department of Social Services when it is acting as an adoption
9agency, to prepare an assessment as provided for in subdivision
10(i) of Section 366.21 or subdivision (b) of Section 366.22. A
11hearing held pursuant to Section 366.26 shall be held no later than
12120 days from the date of the 12-month review at which it is
13ordered, and at that hearing the court shall determine whether
14adoption, tribal customary adoption, legal guardianship,begin insert placement
15with a fit and willing relative, or, if the child is 16 years of ageend insert
or
16begin delete long-term foster careend deletebegin insert older and receiving specialized permanency
17services, as defined in Section 11400, another planned permanent
18living arrangementend insert
is the most appropriate plan for the child. On
19and after January 1, 2012, a hearing pursuant to Section 366.26
20shall not be ordered if the child is a nonminor dependent, unless
21the nonminor dependent is an Indian child and tribal customary
22adoption is recommended as the permanent plan. The court may
23order that a nonminor dependent who otherwise is eligible pursuant
24to Section 11403 remain in a planned, permanent living
25arrangement. At the request of the nonminor dependent who has
26an established relationship with an adult determined to be the
27nonminor dependent’s permanent connection, the court may order
28adoption of the nonminor dependent pursuant to subdivision (f)
29of Section 366.31.

30(j) The implementation and operation of the amendments to
31subdivision (e) enacted at the 2005-06 Regular Session shall be
32subject to appropriation through the budget process and by phase,
33as provided in Section 366.35.

34(k) The reviews conducted pursuant to subdivision (a) or (d)
35may be conducted earlier than every six months if the court
36determines that an earlier review is in the best interests of the child
37or as court rules prescribe.

38begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 371 is added to the end insertbegin insertWelfare and Institutions
39Code
end insert
begin insert, end insertimmediately following Section 370begin insert, to read:end insert

begin insert
P81   1

begin insert371.end insert  

(a) (1) The placing agency shall, in any case in which a
2dependent child or a ward of the juvenile court has as his or her
3permanent plan another planned permanent living arrangement,
4and may, in any case in which a dependent child or a ward of the
5juvenile court is under 16 years of age and in an out-of-home
6placement, do all of the following:

7(A) Conduct intensive and ongoing efforts to return the child
8home or secure a placement for the child with a fit and willing
9relative, a legal guardian, or an adoptive parent. These efforts
10shall include, at a minimum, the use of child-centered specialized
11permanency services, as defined in Section 11400.

12(B) Make every effort to identify relatives or nonrelative
13extended family members, by, at a minimum, using technology,
14reviewing a child’s case file for information regarding relatives
15or nonrelative extended family members, and using other tools,
16including, but not limited to, genograms, family trees, and family
17mapping.

18(C) Make every effort to engage relatives or nonrelative
19extended family members by, at a minimum, facilitating a meeting
20with the child, relatives, nonrelative extended family members,
21and other appropriate persons.

22(2) The placing agency shall, in any case in which a dependent
23child of, or a ward of, the juvenile court has as his or her
24permanent plan another planned permanent living arrangement,
25continue the efforts described in paragraph (1) until the child has
26achieved permanency.

27(b) The juvenile court shall, at every permanency hearing for
28a dependent child or a ward of the juvenile court who has as his
29or her permanent plan another planned permanent living
30arrangement, and may, in any case in which a dependent child or
31a ward of the juvenile court is under 16 years of age and in an
32out-of-home placement, do all of the following:

33(1) Review the intensive, ongoing, and, as of the date of the
34hearing, unsuccessful efforts made by the placing agency to return
35the child home or secure a placement for the child with a fit and
36willing relative, a legal guardian, or an adoptive parent, including
37through efforts that utilize child-centered specialized permanency
38services. The review shall include a determination of all of the
39following:

P82   1(A) Whether any relatives or nonrelative extended family
2members have been identified by the placing agency.

3(B) Whether any relatives or nonrelative extended family
4members have been or are currently being assessed by the placing
5agency for placement of the child.

6(C) The efforts made by the placing agency to find and assess
7relatives or nonrelative extended family members for placement.

8(D) The efforts of the placing agency to engage any located
9relatives or nonrelative extended family members.

10(E) Whether the placing agency has made intensive and ongoing
11efforts to identify, engage, and place the child with a relative.

12(F) Whether the placing agency made reasonable efforts to offer
13specialized permanency services, as defined in Section 11400.

14(2) Ask the mother, father, child, social worker or probation
15officer, and any other appropriate person, of the identity of any
16relatives, as defined in paragraph (2) of subdivision (f) of Section
17319, or any nonrelative extended family member, as defined in
18Section 362.7, available for placement or support of the child.

19(3) Redetermine the appropriateness of placement by doing
20both of the following:

21(A) Asking the child about his or her desired permanency
22outcome.

23(B) Making a judicial determination explaining why, as of the
24date of the hearing, another planned permanent living arrangement
25is the best permanency plan for the child and provide compelling
26reasons why it continues to not be in the best interests of the child
27to do any of the following:

28(i) Return home.

29(ii) Be placed for adoption.

30(iii) Be placed with a legal guardian.

31(iv) Be placed with a fit and willing relative.

end insert
32begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 372 is added to the end insertbegin insertWelfare and Institutions
33Code
end insert
begin insert, end insertimmediately following Section 371begin insert, to read:end insert

begin insert
34

begin insert372.end insert  

Commencing January 1, 2017, when the court has ordered
35a dependent child or a ward of the juvenile court placed for
36adoption or has appointed a relative or nonrelative legal guardian,
37the social worker or probation officer shall provide the prospective
38adoptive family or the guardian or guardians information, in
39writing, regarding the importance of working with mental health
40providers that have specialized adoption or permanency clinical
P83   1training and experience if the family needs clinical support, and
2a description of the desirable clinical expertise the family should
3look for when choosing an adoption- or permanency-competent
4mental health professional.

end insert
5begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 706.5 of the end insertbegin insertWelfare and Institutions Codeend insert
6begin insert is amended to read:end insert

7

706.5.  

(a) If placement in foster care is recommended by the
8probation officer, orbegin delete whereend deletebegin insert whenend insert the minor is already in foster care
9placement or pending placement pursuant to an earlier order, the
10social study prepared by the probation officer that is received into
11evidence at disposition pursuant to Section 706 shall include a
12case plan, as described in Section 706.6. If the court elects to hold
13the first status review at the disposition hearing, the social study
14shall also include, but not be limited to, the factual material
15described in subdivision (c).

16(b) If placement in foster care is not recommended by the
17probation officer prior to disposition, but the court orders foster
18care placement, the court shall order the probation officer to prepare
19a case plan, as described in Section 706.6, within 30 days of the
20placement order. The case plan shall be filed with the court.

21(c) At each status review hearing, the social study shall include,
22but not be limited to, an updated case plan as described in Section
23706.6 and the following information:

24(1) The continuing necessity for and appropriateness of the
25placement.

26(2) The extent of the probation department’s compliance with
27the case plan in making reasonable efforts to safely return the
28minor to the minor’s home or to complete whatever steps are
29necessary to finalize the permanent placement of the minor.

30(3) The extent of progress that has been made by the minor and
31parent or guardian toward alleviating or mitigating the causes
32necessitating placement in foster care.

33(4) If the first permanency planning hearing has not yet occurred,
34the social study shall include the likely date by which the minor
35may be returned to and safely maintained in the home or placed
36for adoption, appointed a legal guardian, permanently placed with
37a fit and willing relative,begin insert or, if the child is 16 years of ageend insert orbegin insert older
38and receiving specialized permanency services, as defined in
39Section 11400,end insert
referred to another planned permanent living
40arrangement.

P84   1(5) Whether the minor has been or will be referred to educational
2services and what services the minor is receiving, including special
3education and related services if the minor has exceptional needs
4as described in Part 30 (commencing with Section 56000) of
5Division 4 of Title 2 of the Education Code or accommodations
6if the child has disabilities as described in Chapter 16 (commencing
7with Section 701) of Title 29 of the United States Code Annotated.
8The probation officer or child advocate shall solicit comments
9from the appropriate local education agency prior to completion
10of the social study.

11(6) If the parent or guardian is unwilling or unable to participate
12in making an educational or developmental services decision for
13his or her child, or if other circumstances exist that compromise
14the ability of the parent or guardian to make educational or
15developmental services decisions for the child, the probation
16department shall consider whether the right of the parent or
17guardian to make educational or developmental services decisions
18for the minor should be limited. If the study makes that
19recommendation, it shall identify whether there is a responsible
20adult available to make educational or developmental services
21decisions for the minor pursuant to Section 726.

22(d) At each permanency planning hearing, the social study shall
23include, but not be limited to, an updated case plan as described
24in Section 706.6, the factual material described in subdivision (c)
25of this section, and a recommended permanent plan for the minor.

26begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 706.6 of the end insertbegin insertWelfare and Institutions Codeend insert
27begin insert is amended to read:end insert

28

706.6.  

A case plan prepared as required by Section 706.5 shall
29be submitted to the court. It shall either be attached to the social
30study or incorporated as a separate section within the social study.
31The case plan shall include, but not be limited to, the following
32information:

33(a) A description of the circumstances that resulted in the minor
34being placed under the supervision of the probation department
35and in foster care.

36(b) An assessment of the minor’s and family’s strengths and
37needs and the type of placement best equipped to meet those needs.

38(c) A description of the type of home or institution in which the
39minor is to be placed, including a discussion of the safety and
40appropriateness of the placement. An appropriate placement is a
P85   1placement in the least restrictive, most family-like environment,
2in closest proximity to the minor’s home, that meets the minor’s
3best interests and special needs.

4(d) Effective January 1, 2010, a case plan shall ensure the
5educational stability of the child while in foster care and shall
6include both of the following:

7(1) Assurances that the placement takes into account the
8appropriateness of the current educational setting and the proximity
9to the school in which the child is enrolled at the time of placement.

10(2) An assurance that the placement agency has coordinated
11with appropriate local educational agencies to ensure that the child
12remains in the school in which the child is enrolled at the time of
13placement, or, if remaining in that school is not in the best interests
14of the child, assurances by the placement agency and the local
15educational agency to provide immediate and appropriate
16enrollment in a new school and to provide all of the child’s
17educational records to the new school.

18(e) Specific time-limited goals and related activities designed
19to enable the safe return of the minor to his or her home, or in the
20event that return to his or her home is not possible, activities
21designed to result in permanent placement or emancipation.
22Specific responsibility for carrying out the planned activities shall
23be assigned to one or more of the following:

24(1) The probation department.

25(2) The minor’s parent or parents or legal guardian or guardians,
26as applicable.

27(3) The minor.

28(4) The foster parents or licensed agency providing foster care.

29(f) The projected date of completion of the case plan objectives
30and the date services will be terminated.

31(g) (1) Scheduled visits between the minor and his or her family
32and an explanation if no visits are made.

33(2) Whether the child has other siblings, and, if any siblings
34exist, all of the following:

35(A) The nature of the relationship between the child and his or
36her siblings.

37(B) The appropriateness of developing or maintaining the sibling
38relationships pursuant to Section 16002.

39(C) If the siblings are not placed together in the same home,
40why the siblings are not placed together and what efforts are being
P86   1made to place the siblings together, or why those efforts are not
2appropriate.

3(D) If the siblings are not placed together, all of the following:

4(i) The frequency and nature of the visits between the siblings.

5(ii) If there are visits between the siblings, whether the visits
6are supervised or unsupervised. If the visits are supervised, a
7discussion of the reasons why the visits are supervised, and what
8needs to be accomplished in order for the visits to be unsupervised.

9(iii) If there are visits between the siblings, a description of the
10location and length of the visits.

11(iv) Any plan to increase visitation between the siblings.

12(E) The impact of the sibling relationships on the child’s
13placement and planning for legal permanence.

14(F) The continuing need to suspend sibling interaction, if
15applicable, pursuant to subdivision (c) of Section 16002.

16(3) The factors the court may consider in making a determination
17regarding the nature of the child’s sibling relationships may
18include, but are not limited to, whether the siblings were raised
19together in the same home, whether the siblings have shared
20significant common experiences or have existing close and strong
21bonds, whether either sibling expresses a desire to visit or live with
22his or her sibling, as applicable, and whether ongoing contact is
23in the child’s best emotional interests.

24(h) (1) When placement is made in a foster family home, group
25home, or other child care institution that is either a substantial
26distance from the home of the minor’s parent or legal guardian or
27out-of-state, the case plan shall specify the reasons why the
28placement is the most appropriate and is in the best interest of the
29minor.

30(2) When an out-of-state group home placement is recommended
31or made, the case plan shall comply with Section 727.1 and Section
327911.1 of the Family Code. In addition, documentation of the
33recommendation of the multidisciplinary team and the rationale
34for this particular placement shall be included. The case plan shall
35also address what in-state services or facilities were used or
36considered and why they were not recommended.

37(i) If applicable, efforts to make it possible to place siblings
38together, unless it has been determined that placement together is
39not in the best interest of one or more siblings.

P87   1(j) A schedule of visits between the minor and the probation
2officer, including a monthly visitation schedule for those children
3placed in group homes.

4(k) Health and education information about the minor, school
5records, immunizations, known medical problems, and any known
6medications the minor may be taking, names and addresses of the
7minor’s health and educational providers; the minor’s grade level
8performance; assurances that the minor’s placement in foster care
9takes into account proximity to the school in which the minor was
10enrolled at the time of placement; and other relevant health and
11educational information.

12(l) When out-of-home services are used and the goal is
13reunification, the case plan shall describe the services that were
14provided to prevent removal of the minor from the home, those
15services to be provided to assist in reunification and the services
16to be provided concurrently to achieve legal permanency if efforts
17to reunify fail.

18(m) The updated case plan prepared for a permanency planning
19hearing shall include a recommendation for a permanent plan for
20the minor. If, after considering reunification, adoptive placement,
21legal guardianship, or permanent placement with a fit and willing
22relative the probation officer recommends placement inbegin delete aend deletebegin insert anotherend insert
23 planned permanent living arrangement, the case plan shall include
24documentation of a compelling reason or reasons why termination
25of parental rights is not in the minor’s best interest. For purposes
26of this subdivision, a “compelling reason” shall have the same
27meaning as in subdivision (c) of Section 727.3.begin insert The probation
28officer may only recommend another planned permanent living
29arrangement if the child is 16 years of age or older and receiving
30specialized permanency services, as defined in Section 11400.end insert

31(n) Each updated case plan shall include a description of the
32services that have beenbegin delete providedend deletebegin insert provided, including, but not
33limited to, specialized permanency services, as defined in Section
3411400,end insert
to the minor under the plan and an evaluation of the
35appropriateness and effectiveness of those services.

36(o) A statement that the parent or legal guardian, and the minor
37have had an opportunity to participate in the development of the
38case plan, to review the case plan, to sign the case plan, and to
39receive a copy of the plan, or an explanation about why the parent,
P88   1legal guardian, or minor was not able to participate or sign the case
2plan.

3(p) For a minor in out-of-home care who is 16 years of age or
4older, a written description of the programs and services, which
5will help the minor prepare for the transition from foster care to
6begin delete independent living.end deletebegin insert successful adulthood.end insert

begin insert

7(q) In the case of a child for whom another planned permanent
8living arrangement is the permanent plan, the case plan shall
9document all of the following:

end insert
begin insert

10(A) The intensive, ongoing, and unsuccessful efforts made by
11the agency to return the child home or secure a placement for the
12child with a fit and willing relative, a legal guardian, or an
13adoptive parent, including through the utilization of child-centered
14specialized permanency services, as defined in Section 11400.

end insert
begin insert

15(B) The efforts made by the agency to identify relatives or
16nonrelative extended family members through using technology,
17reviewing the child’s case file for information regarding relatives
18or nonrelative extended family members, and using other tools,
19including, but not limited to, genograms, family trees, and family
20mapping.

end insert
begin insert

21(C) The efforts made by the agency to engage relatives or
22nonrelative extended family members by facilitating a meeting
23with the child or nonminor dependent, relatives, nonrelative
24extended family members, and other appropriate persons.

end insert
25begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 727.2 of the end insertbegin insertWelfare and Institutions Codeend insert
26begin insert is amended to read:end insert

27

727.2.  

The purpose of this section is to provide a means to
28monitor the safety and well-being of every minor in foster care
29who has been declared a ward of the juvenile court pursuant to
30Section 601 or 602 and to ensure that everything reasonably
31possible is done to facilitate the safe and early return of the minor
32to his or her home or to establish an alternative permanent plan
33for the minor.

34(a) If the court orders the care, custody, and control of the minor
35to be under the supervision of the probation officer for placement
36pursuant to subdivision (a) of Section 727, the juvenile court shall
37order the probation department to ensure the provision of
38reunification services to facilitate the safe return of the minor to
39his or her home or the permanent placement of the minor, and to
P89   1address the needs of the minor while in foster care, except as
2provided in subdivision (b).

3(b) Reunification services need not be provided to a parent or
4legal guardian if the court finds by clear and convincing evidence
5that one or more of the following is true:

6(1) Reunification services were previously terminated for that
7parent or guardian, pursuant to Section 366.21, 366.22, or 366.25,
8or not offered, pursuant to subdivision (b) of Section 361.5, in
9reference to the same minor.

10(2) The parent has been convicted of any of the following:

11(A) Murder of another child of the parent.

12(B) Voluntary manslaughter of another child of the parent.

13(C) Aiding or abetting, attempting, conspiring, or soliciting to
14commit that murder or manslaughter described in subparagraph
15(A) or (B).

16(D) A felony assault that results in serious bodily injury to the
17minor or another child of the parent.

18(3) The parental rights of the parent with respect to a sibling
19have been terminated involuntarily, and it is not in the best interest
20of the minor to reunify with his or her parent or legal guardian.

21If no reunification services are offered to the parent or guardian,
22the permanency planning hearing, as described in Section 727.3,
23shall occur within 30 days of the date of the hearing at which the
24decision is made not to offer services.

25(c) The status of every minor declared a ward and ordered to
26be placed in foster care shall be reviewed by the court no less
27frequently than once every six months. The six-month time periods
28shall be calculated from the date the minor entered foster care, as
29defined in paragraph (4) of subdivision (d) of Section 727.4. If the
30court so elects, the court may declare the hearing at which the court
31orders the care, custody, and control of the minor to be under the
32supervision of the probation officer for foster care placement
33pursuant to subdivision (a) of Section 727 at the first status review
34hearing. It shall be the duty of the probation officer to prepare a
35written social study report including an updated case plan, pursuant
36to subdivision (b) of Section 706.5, and submit the report to the
37court prior to each status review hearing, pursuant to subdivision
38(b) of Section 727.4. The social study report shall include all
39reports the probation officer relied upon in making his or her
40recommendations.

P90   1(d) Prior to any status review hearing involving a minor in the
2physical custody of a community care facility or foster family
3agency, the facility or agency may provide the probation officer
4with a report containing its recommendations. Prior to any status
5review hearing involving the physical custody of a foster parent,
6relative caregiver, preadoptive parent, or legal guardian, that person
7may present to the court a report containing his or her
8recommendations. The court shall consider all reports and
9recommendations filed pursuant to subdivision (c) and pursuant
10to this subdivision.

11(e) At any status review hearing prior to the first permanency
12planning hearing, the court shall consider the safety of the minor
13and make findings and ordersbegin delete whichend deletebegin insert thatend insert determine the following:

14(1) The continuing necessity for and appropriateness of the
15placement.

16(2) The extent of the probation department’s compliance with
17the case plan in making reasonable efforts to safely return the
18minor to the minor’s home or to complete whatever steps are
19necessary to finalize the permanent placement of the minor.

20(3) Whether there should be any limitation on the right of the
21parent or guardian to make educational decisions for the minor.
22That limitation shall be specifically addressed in the court order
23and may not exceed what is necessary to protect the minor. If the
24court specifically limits the right of the parent or guardian to make
25educational decisions for the minor, the court shall at the same
26time appoint a responsible adult to make educational decisions for
27the minor pursuant to Section 726.

28(4) The extent of progress that has been made by the minor and
29parent or guardian toward alleviating or mitigating the causes
30necessitating placement in foster care.

31(5) The likely date by which the minor may be returned to and
32safely maintained in the home or placed for adoption, appointed
33a legal guardian, permanently placed with a fit and willing relative
34begin insert or, if 16 years of ageend insert orbegin delete referred toend deletebegin insert older and receiving specialized
35permanency services, as defined in Section 11400, inend insert
another
36planned permanent living arrangement.

37(6) In the case of a minor who has reached 16 years of age, the
38court shall, in addition, determine the services needed to assist the
39minor to make the transition from foster care tobegin delete independent living.end delete
40begin insert successful adulthood.end insert

P91   1The court shall make these determinations on a case-by-case
2basis and reference in its written findings the probation officer’s
3report and any other evidence relied upon in reaching its decision.

4(f) At any status review hearing prior to the first permanency
5hearing, after considering the admissible and relevant evidence,
6the court shall order return of the minor to the physical custody of
7his or her parent or legal guardian unless the court finds, by a
8preponderance of evidence, that the return of the minor to his or
9her parent or legal guardian would create a substantial risk of
10detriment to the safety, protection, or physical or emotional
11well-being of the minor. The probation department shall have the
12burden of establishing that detriment. In making its determination,
13the court shall review and consider the social study report,
14recommendations, and the case plan pursuant to subdivision (b)
15of Section 706.5, the report and recommendations of any child
16advocate appointed for the minor in the case, and any other reports
17submitted to the court pursuant to subdivision (d), and shall
18consider the efforts or progress, or both, demonstrated by the minor
19and family and the extent to which the minor availed himself or
20herself of the services provided.

21(g) At all status review hearings subsequent to the first
22permanency planning hearing, the court shall consider the safety
23of the minor and make the findings and orders as described in
24paragraphs (1) to (4), inclusive, and (6) of subdivision (e). The
25court shall either make a finding that the previously ordered
26permanent plan continues to be appropriate or shall order that a
27new permanent plan be adopted pursuant to subdivision (b) of
28Section 727.3. However, the court shall not order a permanent plan
29of “return to the physical custody of the parent or legal guardian
30after further reunification services are offered,” as described in
31paragraph (2) of subdivision (b) of Section 727.3.

32(h) The status review hearings required by subdivision (c) may
33be heard by an administrative review panel, provided that the
34administrative panel meets all of the requirements listed in
35subparagraph (B) of paragraph (7) of subdivision (d) of Section
36727.4.

37(i) (1) On and after January 1, 2012, at any status review hearing
38at which a recommendation to terminate delinquency jurisdiction
39is being considered, or at the status review hearing held closest to
40the ward attaining 18 years of age, but no fewer than 90 days before
P92   1the ward’s 18th birthday, the court shall consider whether to modify
2its jurisdiction pursuant to Section 601 or 602 and assume transition
3jurisdiction over the minor pursuant to Section 450. The probation
4department shall address this issue in its report to the court and
5make a recommendation as to whether transition jurisdiction is
6appropriate for the minor.

7(2) The court shall order the probation department or the minor’s
8attorney to submit an application to the child welfare services
9department pursuant to Section 329 to declare the minor a
10dependent of the court and modify its jurisdiction from delinquency
11to dependency jurisdiction if it finds both of the following:

12(A) The ward does not come within the description set forth in
13Section 450, but jurisdiction as a ward may no longer be required.

14(B) The ward appears to come within the description of Section
15300 and cannot be returned home safely.

16(3) The court shall set a hearing within 20 judicial days of the
17date of its order issued pursuant to paragraph (2) to review the
18decision of the child welfare services department and may either
19affirm the decision not to file a petition pursuant to Section 300
20or order the child welfare services department to file a petition
21 pursuant to Section 300.

22(j) On and after January 1, 2012, if a review hearing pursuant
23to this section is the last review hearing to be held before the minor
24attains 18 years of age, the court shall ensure that the minor’s
25transitional independent living case plan includes a plan for the
26minor to meet one or more of the criteria in paragraphs (1) to (5),
27inclusive, of subdivision (b) of Section 11403, so that the minor
28can become a nonminor dependent, and that the minor has been
29informed of his or her right to decline to become a nonminor
30dependent and to seek termination of the court’s jurisdiction
31pursuant to Section 607.2.

32begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 727.3 of the end insertbegin insertWelfare and Institutions Codeend insert
33begin insert is amended to read:end insert

34

727.3.  

The purpose of this section is to provide a means to
35monitor the safety and well-being of every minor in foster care
36who has been declared a ward of the juvenile court pursuant to
37Section 601 or 602 and to ensure that everything reasonably
38possible is done to facilitate the safe and early return of the minor
39to his or her own home or to establish an alternative permanent
40plan for the minor.

P93   1(a) (1) For every minor declared a ward and ordered to be
2placed in foster care, a permanency planning hearing shall be
3conducted within 12 months of the date the minor entered foster
4care, as defined in paragraph (4) of subdivision (d) of Section
5727.4. Subsequent permanency planning hearings shall be
6conducted periodically, but no less frequently than once every 12
7months thereafter during the period of placement. It shall be the
8duty of the probation officer to prepare a written social study report
9including an updated case plan and a recommendation for a
10permanent plan, pursuant to subdivision (c) of Section 706.5, and
11submit the report to the court prior to each permanency planning
12hearing, pursuant to subdivision (b) of Section 727.4.

13(2) Prior to any permanency planning hearing involving a minor
14in the physical custody of a community care facility or foster family
15agency, the facility or agency may file with the court a report
16containing its recommendations, in addition to the probation
17officer’s social study. Prior to any permanency planning hearing
18involving the physical custody of a foster parent, relative caregiver,
19preadoptive parent, or legal guardian, that person may present to
20the court a report containing his or her recommendations. The
21court shall consider all reports and recommendations filed pursuant
22to this subdivision.

23(3) If the minor has a continuing involvement with his or her
24parents or legal guardians, the parents or legal guardians shall be
25involved in the planning for a permanent placement. The court
26order placing the minor in a permanent placement shall include a
27specification of the nature and frequency of visiting arrangements
28with the parents or legal guardians.

29(4) At each permanency planning hearing, the court shall order
30a permanent plan for the minor, as described in subdivision (b).
31The court shall also make findings, as described in subdivision (e)
32of Section 727.2. In the case of a minor who has reached 16 years
33of age or older, the court shall, in addition, determine the services
34needed to assist the minor to make the transition from foster care
35tobegin delete independent living.end deletebegin insert successful adulthood.end insert The court shall make
36all of these determinations on a case-by-case basis and make
37reference to the probation officer’s report, the case plan, or other
38evidence relied upon in making its decisions.

39(b) At all permanency planning hearings, the court shall
40determine the permanent plan for the minor. The court shall order
P94   1one of the following permanent plans, whichbegin delete are,end deletebegin insert areend insert in order of
2priority:

3(1) Return of the minor to the physical custody of the parent or
4legal guardian. After considering the admissible and relevant
5evidence, the court shall order the return of the minor to the
6physical custody of his or her parent or legal guardian unless:

7(A) Reunification services were not offered, pursuant to
8subdivision (b) of Section 727.2.

9(B) The court finds, by a preponderance of the evidence, that
10the return of the minor to his or her parent or legal guardian would
11create a substantial risk of detriment to the safety, protection, or
12physical or emotional well-being of the minor. The probation
13department shall have the burden of establishing that detriment.
14In making its determination, the court shall review and consider
15the social study report and recommendations pursuant to Section
16706.5, the report and recommendations of any child advocate
17appointed for the minor in the case, and any other reports submitted
18pursuant to paragraph (2) of subdivision (a), and shall consider
19the efforts or progress, or both, demonstrated by the minor and
20family and the extent to which the minor availed himself or herself
21of the services provided.

22(2) Order that the permanent plan for the minor will be to return
23the minor to the physical custody of the parent or legal guardian,
24order further reunification services to be provided to the minor
25and his or her parent or legal guardian for a period not to exceed
26six months and continue the case for up to six months for a
27subsequent permanency planning hearing, provided that the
28subsequent hearing shall occur within 18 months of the date the
29minor was originally taken from the physical custody of his or her
30parent or legal guardian. The court shall continue the case only if
31it finds that there is a substantial probability that the minor will be
32returned to the physical custody of his or her parent or legal
33guardian and safely maintained in the home within the extended
34period of time or that reasonable services have not been provided
35to the parent or guardian. For purposes of this section, in order to
36find that there is a substantial probability that the minor will be
37returned to the physical custody of his or her parent or legal
38guardian, the court shall be required to find that the minor and his
39or her parent or legal guardian have demonstrated the capacity and
40ability to complete the objectives of the case plan.

P95   1The court shall inform the parent or legal guardian that if the
2minor cannot be returned home by the next permanency planning
3hearing, a proceeding pursuant to Section 727.31 may be initiated.

4The court shall not continue the case for further reunification
5services if it has been 18 months or more since the date the minor
6was originally taken from the physical custody of his or her parent
7or legal guardian.

8(3) Identify adoption as the permanent plan and order that a
9hearing be held within 120 days, pursuant to the procedures
10described in Section 727.31. The court shall only set a hearing
11pursuant to Section 727.31 if there is clear and convincing evidence
12that reasonable services have been provided or offered to the
13parents. When the court sets a hearing pursuant to Section 727.31,
14it shall order that an adoption assessment report be prepared,
15pursuant to subdivision (b) of Section 727.31.

16(4) Order a legal guardianship, pursuant to procedures described
17in subdivisions (c) to (f), inclusive, of Section 728.

18(5) begin deletePlace end deletebegin insertOrder thatend insertbegin insert end insertthe minorbegin insert be placedend insert with a fit and willing
19relative. “Placement with a fit and willing relative” means placing
20the minor with an appropriate relative on a permanent basis. When
21a minor is placed with a fit and willing relative, the court may
22authorize the relative to provide the same legal consent for the
23minor’s medical, surgical, and dental care, and education as the
24custodial parent of the minor.

25(6) begin deletePlace end deletebegin insertOrder thatend insertbegin insert end insertthe minorbegin insert be placed, if 16 years of age or
26older and receiving specialized permanency services, as definedend insert

27 inbegin delete aend deletebegin insert Section 11400, in anotherend insert planned permanent living
28arrangement. A “planned permanent living arrangement” means
29any permanent living arrangement described in Section 11402 and
30not listed in paragraphs (1) to (5), inclusive, such as placement in
31a specific, identified foster family home, program, or facility on
32a permanent basis, or placement in a transitional housing placement
33facility. When the court places a minor inbegin delete aend deletebegin insert anotherend insert planned
34permanent living arrangement, the court shall specify the goal of
35the placement, which may include, but shall not be limited to,
36return home,begin delete emancipation,end delete guardianship, or permanent placement
37with abegin insert fit and willingend insert relative.

38The court shall only order thatbegin delete theend deletebegin insert aend insert minorbegin insert who is 16 years of
39age or older and receiving specialized permanency services, as
40defined in Section 11400,end insert
remain inbegin delete a plannedend deletebegin insert anotherend insert permanent
P96   1living arrangement if the court finds by clear and convincing
2evidence, based upon the evidence already presented to it that there
3is a compelling reason, as defined in subdivision (c), for
4determining that a plan of termination of parental rights and
5adoption is not in the best interest of the minor.

6(c) A compelling reason for determining that a plan of
7termination of parental rights and adoption is not in the best interest
8of the minor is any of the following:

9(1) Documentation by the probation department that adoption
10is not in the best interest of the minor and is not an appropriate
11permanency goal. That documentation may include, but is not
12limited to, documentation that:

13(A) The minor is 12 years of age or older and objects to
14termination of parental rights.

15(B) The minor is 17 years of age or older and specifically
16requests that transition tobegin delete independent livingend deletebegin insert successful adulthoodend insert
17 with the identification of a caring adult to serve as a lifelong
18connection be established as his or her permanent plan. On and
19after January 1, 2012, this includes a minor who requests that his
20or her transitional independent living case plan include
21modification of his or her jurisdiction to that of dependency
22jurisdiction pursuant to subdivision (b) of Section 607.2 or
23subdivision (i) of Section 727.2, or to that of transition jurisdiction
24pursuant to Section 450, in order to be eligible as a nonminor
25dependent for the extended benefits pursuant to Section 11403.

26(C) The parent or guardian and the minor have a significant
27bond, but the parent or guardian is unable to care for the minor
28because of an emotional or physical disability, and the minor’s
29caregiver has committed to raising the minor to the age of majority
30and facilitating visitation with the disabled parent or guardian.

31(D) The minor agrees to continued placement in a residential
32treatment facility that provides services specifically designed to
33address the minor’s treatment needs, and the minor’s needs could
34not be served by a less restrictive placement.

35The probation department’s recommendation that adoption is
36not in the best interest of the minor shall be based on the present
37family circumstances of the minor and shall not preclude a different
38 recommendation at a later date if the minor’s family circumstances
39change.

P97   1(2) Documentation by the probation department that no grounds
2exist to file for termination of parental rights.

3(3) Documentation by the probation department that the minor
4is an unaccompanied refugee minor, or there are international legal
5obligations or foreign policy reasons that would preclude
6terminating parental rights.

7(4) A finding by the court that the probation department was
8required to make reasonable efforts to reunify the minor with the
9family pursuant to subdivision (a) of Section 727.2, and did not
10make those efforts.

11(5) Documentation by the probation department that the minor
12is living with a relative who is unable or unwilling to adopt the
13minor because of exceptional circumstances that do not include
14an unwillingness to accept legal or financial responsibility for the
15minor, but who is willing and capable of providing the minor with
16a stable and permanent home environment, and the removal of the
17minor from the physical custody of his or her relative would be
18detrimental to the minor’s emotional well-being.

19(d) Nothing in this section shall be construed to limit the ability
20of a parent to voluntarily relinquish his or her child to the State
21Department of Social Services when it is acting as an adoption
22agency or to a county adoption agency at any time while the minor
23is a ward of the juvenile court if the department or county adoption
24agency is willing to accept the relinquishment.

25(e) Any change in the permanent plan of a minor placed with a
26fit and willing relative or inbegin delete aend deletebegin insert anotherend insert planned permanent living
27arrangement shall be made only by order of the court pursuant to
28a Section 778 petition or at a regularly scheduled and noticed status
29review hearing or permanency planning hearing. Any change in
30the permanent plan of a minor placed in a guardianship shall be
31made only by order of the court pursuant to a motion filed in
32accordance with Section 728.

33begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 727.45 is added to the end insertbegin insertWelfare and Institutions
34Code
end insert
begin insert, end insertimmediately following Section 727.4begin insert, to read:end insert

begin insert
35

begin insert727.45.end insert  

The requirements described in Sections 371 and 372
36shall apply to all wards who are placed in out-of-home care
37pursuant to Section 727.2 or 727.3.

end insert
38begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 11400 of the end insertbegin insertWelfare and Institutions Codeend insert
39begin insert is amended to read:end insert

P98   1

11400.  

For purposes of this article, the following definitions
2shall apply:

3(a) “Aid to Families with Dependent Children-Foster Care
4(AFDC-FC)” means the aid provided on behalf of needy children
5in foster care under the terms of this division.

6(b) “Case plan” means a written document that, at a minimum,
7specifies the type of home in which the child shall be placed, the
8safety of that home, and the appropriateness of that home to meet
9the child’s needs. It shall also include the agency’s plan for
10ensuring that the child receive proper care and protection in a safe
11environment, and shall set forth the appropriate services to be
12provided to the child, the child’s family, and the foster parents, in
13order to meet the child’s needs while in foster care, and to reunify
14the child with the child’s family. In addition, the plan shall specify
15the services that will be provided or steps that will be taken to
16facilitate an alternate permanent plan if reunification is not possible.

17(c) “Certified family home” means a family residence certified
18by a licensed foster family agency and issued a certificate of
19approval by that agency as meeting licensing standards, and used
20only by that foster family agency for placements.

21(d) “Family home” means the family residence of a licensee in
22which 24-hour care and supervision are provided for children.

23(e) “Small family home” means any residential facility, in the
24licensee’s family residence, which provides 24-hour care for six
25or fewer foster children who have mental disorders or
26developmental or physical disabilities and who require special care
27and supervision as a result of their disabilities.

28(f) “Foster care” means the 24-hour out-of-home care provided
29to children whose own families are unable or unwilling to care for
30them, and who are in need of temporary or long-term substitute
31parenting.

32(g) “Foster family agency” means any individual or organization
33engaged in the recruiting, certifying, and training of, and providing
34professional support to, foster parents, or in finding homes or other
35places for placement of children for temporary or permanent care
36who require that level of care as an alternative to a group home.
37Private foster family agencies shall be organized and operated on
38a nonprofit basis.

39(h) “Group home” means a nondetention privately operated
40residential home, organized and operated on a nonprofit basis only,
P99   1of any capacity, or a nondetention licensed residential care home
2operated by the County of San Mateo with a capacity of up to 25
3beds, that accepts children in need of care and supervision in a
4group home, as defined by paragraph (13) of subdivision (a) of
5Section 1502 of the Health and Safety Code.

6(i) “Periodic review” means review of a child’s status by the
7juvenile court or by an administrative review panel, that shall
8include a consideration of the safety of the child, a determination
9of the continuing need for placement in foster care, evaluation of
10the goals for the placement and the progress toward meeting these
11goals, and development of a target date for the child’s return home
12or establishment of alternative permanent placement.

13(j) “Permanency planning hearing” means a hearing conducted
14by the juvenile court in which the child’s future status, including
15 whether the child shall be returned home or another permanent
16plan shall be developed, is determined.

17(k) “Placement and care” refers to the responsibility for the
18welfare of a child vested in an agency or organization by virtue of
19the agency or organization having (1) been delegated care, custody,
20and control of a child by the juvenile court, (2) taken responsibility,
21pursuant to a relinquishment or termination of parental rights on
22a child, (3) taken the responsibility of supervising a child detained
23by the juvenile court pursuant to Section 319 or 636, or (4) signed
24a voluntary placement agreement for the child’s placement; or to
25the responsibility designated to an individual by virtue of his or
26her being appointed the child’s legal guardian.

27(l) “Preplacement preventive services” means services that are
28designed to help children remain with their families by preventing
29 or eliminating the need for removal.

30(m) “Relative” means an adult who is related to the child by
31blood, adoption, or affinity within the fifth degree of kinship,
32including stepparents, stepsiblings, and all relatives whose status
33is preceded by the words “great,” “great-great,” or “grand” or the
34spouse of any of these persons even if the marriage was terminated
35by death or dissolution.

36(n) “Nonrelative extended family member” means an adult
37caregiver who has an established familial or mentoring relationship
38with the child, as described in Section 362.7.

39(o) “Voluntary placement” means an out-of-home placement
40of a child by (1) the county welfare department, probation
P100  1department, or Indian tribe that has entered into an agreement
2pursuant to Section 10553.1, after the parents or guardians have
3requested the assistance of the county welfare department and have
4signed a voluntary placement agreement; or (2) the county welfare
5department licensed public or private adoption agency, or the
6department acting as an adoption agency, after the parents have
7requested the assistance of either the county welfare department,
8the licensed public or private adoption agency, or the department
9acting as an adoption agency for the purpose of adoption planning,
10and have signed a voluntary placement agreement.

11(p) “Voluntary placement agreement” means a written agreement
12between either the county welfare department, probation
13department, or Indian tribe that has entered into an agreement
14pursuant to Section 10553.1, licensed public or private adoption
15agency, or the department acting as an adoption agency, and the
16parents or guardians of a child that specifies, at a minimum, the
17following:

18(1) The legal status of the child.

19(2) The rights and obligations of the parents or guardians, the
20child, and the agency in which the child is placed.

21(q) “Original placement date” means the most recent date on
22which the court detained a child and ordered an agency to be
23responsible for supervising the child or the date on which an agency
24assumed responsibility for a child due to termination of parental
25rights, relinquishment, or voluntary placement.

26(r) (1) “Transitional housing placement provider” means an
27organization licensed by the State Department of Social Services
28pursuant to Section 1559.110 of the Health and Safety Code, to
29provide transitional housing to foster children at least 16 years of
30age and not more than 18 years of age, and nonminor dependents,
31as defined in subdivision (v). A transitional housing placement
32provider shall be privately operated and organized on a nonprofit
33basis.

34(2) Prior to licensure, a provider shall obtain certification from
35the applicable county, in accordance with Section 16522.1.

36(s) “Transitional Housing Program-Plus” means a provider
37certified by the applicable county, in accordance with subdivision
38(c) of Section 16522, to provide transitional housing services to
39former foster youth who have exited the foster care system on or
40after their 18th birthday.

P101  1(t) “Whole family foster home” means a new or existing family
2home, approved relative caregiver or nonrelative extended family
3member’s home, the home of a nonrelated legal guardian whose
4guardianship was established pursuant to Section 360 or 366.26,
5certified family home, or a host family home placement of a
6transitional housing placement provider, that provides foster care
7for a minor or nonminor dependent parent and his or her child,
8and is specifically recruited and trained to assist the minor or
9nonminor dependent parent in developing the skills necessary to
10provide a safe, stable, and permanent home for his or her child.
11The child of the minor or nonminor dependent parent need not be
12the subject of a petition filed pursuant to Section 300 to qualify
13for placement in a whole family foster home.

14(u) “Mutual agreement” means any of the following:

15(1) A written voluntary agreement of consent for continued
16placement and care in a supervised setting between a minor or, on
17and after January 1, 2012, a nonminor dependent, and the county
18welfare services or probation department or tribal agency
19responsible for the foster care placement, that documents the
20nonminor’s continued willingness to remain in supervised
21out-of-home placement under the placement and care of the
22responsible county, tribe, consortium of tribes, or tribal
23organization that has entered into an agreement with the state
24pursuant to Section 10553.1, remain under the jurisdiction of the
25juvenile court as a nonminor dependent, and report any change of
26circumstances relevant to continued eligibility for foster care
27payments, and that documents the nonminor’s and social worker’s
28or probation officer’s agreement to work together to facilitate
29implementation of the mutually developed supervised placement
30agreement and transitional independent living case plan.

31(2) An agreement, as described in paragraph (1), between a
32nonminor former dependent or ward in receipt of Kin-GAP
33payments under Article 4.5 (commencing with Section 11360) or
34Article 4.7 (commencing with Section 11385), and the agency
35responsible for the Kin-GAP benefits, provided that the nonminor
36former dependent or ward satisfies the conditions described in
37Section 11403.01, or one or more of the conditions described in
38paragraphs (1) to (5), inclusive, of subdivision (b) of Section
3911403. For purposes of this paragraph and paragraph (3),
P102  1“nonminor former dependent or ward” has the same meaning as
2described in subdivision (aa).

3(3) An agreement, as described in paragraph (1), between a
4nonminor former dependent or ward in receipt of AFDC-FC
5payments under subdivision (e) or (f) of Section 11405 and the
6agency responsible for the AFDC-FC benefits, provided that the
7nonminor former dependent or ward described in subdivision (e)
8of Section 11405 satisfies one or more of the conditions described
9in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
1011403, and the nonminor described in subdivision (f) of Section
1111405 satisfies the secondary school or equivalent training or
12certificate program conditions described in that subdivision.

13(v) “Nonminor dependent” means, on and after January 1, 2012,
14a foster child, as described in Section 675(8)(B) of Title 42 of the
15United States Code under the federal Social Security Act who is
16a current dependent child or ward of the juvenile court, or who is
17a nonminor under the transition jurisdiction of the juvenile court,
18as described in Section 450, and who satisfies all of the following
19criteria:

20(1) He or she has attained 18 years of age while under an order
21of foster care placement by the juvenile court, and is not more than
2219 years of age on or after January 1, 2012, not more than 20 years
23of age on or after January 1, 2013, or not more than 21 years of
24age on or after January 1, 2014, and as described in Section
2510103.5.

26(2) He or she is in foster care under the placement and care
27responsibility of the county welfare department, county probation
28department, Indian tribe, consortium of tribes, or tribal organization
29that entered into an agreement pursuant to Section 10553.1.

30(3) He or she has a transitional independent living case plan
31pursuant to Section 475(8) of the federal Social Security Act (42
32U.S.C. Sec. 675(8)), as contained in the federal Fostering
33Connections to Success and Increasing Adoptions Act of 2008
34(Public Law 110-351), as described in Section 11403.

35(w) “Supervised independent living placement” means, on and
36after January 1, 2012, an independent supervised setting, as
37specified in a nonminor dependent’s transitional independent living
38case plan, in which the youth is living independently, pursuant to
39Section 472(c)(2) of the Social Security Act (42 U.S.C. Sec.
40672(c)(2)).

P103  1(x) “Supervised independent living setting,” pursuant to Section
2472(c)(2) of the federal Social Security Act (42 U.S.C. Sec.
3672(c)(2)), includes both a supervised independent living
4placement, as defined in subdivision (w), and a residential housing
5unit certified by the transitional housing placement provider
6operating a Transitional Housing Placement-Plus Foster Care
7program, as described in paragraph (2) of subdivision (a) of Section
816522.1.

9(y) “Transitional independent living case plan” means, on or
10after January 1, 2012, a child’s case plan submitted for the last
11review hearing held before he or she reaches 18 years of age or
12the nonminor dependent’s case plan, updated every six months,
13that describes the goals and objectives of how the nonminor will
14make progress in the transition to living independently and assume
15incremental responsibility for adult decisionmaking, the
16collaborative efforts between the nonminor and the social worker,
17probation officer, or Indian tribal placing entity and the supportive
18services as described in the transitional independent living plan
19(TILP) to ensure active and meaningful participation in one or
20more of the eligibility criteria described in paragraphs (1) to (5),
21inclusive, of subdivision (b) of Section 11403, the nonminor’s
22appropriate supervised placement setting, and the nonminor’s
23permanent plan for transition to living independently, which
24includes maintaining or obtaining permanent connections to caring
25and committed adults, as set forth in paragraphbegin delete (16)end deletebegin insert (17)end insert of
26subdivision (f) of Section 16501.1.

27(z) “Voluntary reentry agreement” means a written voluntary
28agreement between a former dependent child or ward or a former
29nonminor dependent, who has had juvenile court jurisdiction
30terminated pursuant to Section 391, 452, or 607.2, and the county
31welfare or probation department or tribal placing entity that
32documents the nonminor’s desire and willingness to reenter foster
33care, to be placed in a supervised setting under the placement and
34care responsibility of the placing agency, the nonminor’s desire,
35willingness, and ability to immediately participate in one or more
36of the conditions of paragraphs (1) to (5), inclusive, of subdivision
37(b) of Section 11403, the nonminor’s agreement to work
38collaboratively with the placing agency to develop his or her
39transitional independent living case plan within 60 days of reentry,
40the nonminor’s agreement to report any changes of circumstances
P104  1relevant to continued eligibility for foster care payments, and (1)
2the nonminor’s agreement to participate in the filing of a petition
3for juvenile court jurisdiction as a nonminor dependent pursuant
4to subdivision (e) of Section 388 within 15 judicial days of the
5signing of the agreement and the placing agency’s efforts and
6supportive services to assist the nonminor in the reentry process,
7or (2) if the nonminor meets the definition of a nonminor former
8dependent or ward, as described in subdivision (aa), the nonminor’s
9agreement to return to the care and support of his or her former
10juvenile court-appointed guardian and meet the eligibility criteria
11for AFDC-FC pursuant to subdivision (e) of Section 11405.

12(aa) “Nonminor former dependent or ward” means, on and after
13January 1, 2012, either of the following:

14(1) A nonminor who reached 18 years of age while subject to
15an order for foster care placement, and for whom dependency,
16delinquency, or transition jurisdiction has been terminated, and
17who is still under the general jurisdiction of the court.

18(2) A nonminor who is over 18 years of age and, while a minor,
19was a dependent child or ward of the juvenile court when the
20guardianship was established pursuant to Section 360 or 366.26,
21or subdivision (d), of Section 728 and the juvenile court
22dependency or wardship was dismissed following the establishment
23of the guardianship.

24(ab) “Runaway and homeless youth shelter” means a type of
25group home, as defined in paragraph (14) of subdivision (a) of
26Section 1502 of the Health and Safety Code, that is not an eligible
27placement option under Sections 319, 361.2, 450, and 727, and
28that is not eligible for AFDC-FC funding pursuant to subdivision
29(c) of Section 11402 or Section 11462.

30(ac) “Transition dependent” is a minor between 17 years and
31five months and 18 years of age who is subject to the court’s
32transition jurisdiction under Section 450.

begin insert

33(ad) “Child-centered specialized permanency services” or
34“specialized permanency services” are services that address the
35child’s history of trauma, separation and loss, need for mental
36health services, or a combination of those services, all of which
37are designed to ameliorate impairments in significant areas of life
38functioning that may reduce the child’s ability to achieve a
39permanent family. These services shall utilize family finding and
40engagement, including, but not limited to, using search technology
P105  1and social media to locate family members, and child-specific
2recruitment, as needed, to assist the child in achieving a permanent
3family through reunification, adoption, legal guardianship, or
4other lifelong connections to caring adults, including at least one
5adult who will provide a permanent, parent-like relationship for
6that child.

end insert
7begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 16501.1 of the end insertbegin insertWelfare and Institutions Codeend insert
8begin insert is amended to read:end insert

9

16501.1.  

(a) (1) The Legislature finds and declares that the
10foundation and central unifying tool in child welfare services is
11the case plan.

12(2) The Legislature further finds and declares that a case plan
13ensures that the child receives protection and safe and proper care
14and case management, and that services are provided to the child
15and parents or other caretakers, as appropriate, in order to improve
16conditions in the parent’s home, to facilitate the safe return of the
17child to a safe home or the permanent placement of the child, and
18to address the needs of the child while in foster care.

19(b) (1) A case plan shall be based upon the principles of this
20section and shall document that a preplacement assessment of the
21service needs of the child and family, and preplacement preventive
22services, have been provided, and that reasonable efforts to prevent
23out-of-home placement have been made.

24(2) In determining the reasonable services to be offered or
25provided, the child’s health and safety shall be the paramount
26concerns.

27(3) Upon a determination pursuant to paragraph (1) of
28subdivision (e) of Section 361.5 that reasonable services will be
29offered to a parent who is incarcerated in a county jail or state
30prison, detained by the United States Department of Homeland
31Security, or deported to his or her country of origin, the case plan
32shall include information, to the extent possible, about a parent’s
33incarceration in a county jail or the state prison, detention by the
34United States Department of Homeland Security, or deportation
35during the time that a minor child of that parent is involved in
36dependency care.

37(4) Reasonable services shall be offered or provided to make it
38possible for a child to return to a safe home environment, unless,
39pursuant to subdivisions (b) and (e) of Section 361.5, the court
40determines that reunification services shall not be provided.

P106  1(5) If reasonable services are not ordered, or are terminated,
2reasonable efforts shall be made to place the child in a timely
3manner in accordance with the permanent plan and to complete
4all steps necessary to finalize the permanent placement of the child.

5(c) (1) If out-of-home placement is used to attain case plan
6goals, the case plan shall include a description of the type of home
7or institution in which the child is to be placed, and the reasons
8for that placement decision. The decision regarding choice of
9placement shall be based upon selection of a safe setting that is
10the least restrictive or most familylike and the most appropriate
11setting that is available and in close proximity to the parent’s home,
12proximity to the child’s school, and consistent with the selection
13of the environment best suited to meet the child’s special needs
14and best interests. The selection shall consider, in order of priority,
15placement with relatives, nonrelated extended family members,
16tribal members, and foster family homes, certified homes of foster
17family agencies, intensive treatment or multidimensional treatment
18foster care homes, group care placements, such as group homes
19and community treatment facilities, and residential treatment
20pursuant to Section 7950 of the Family Code.

21(2) If a group care placement is selected for a child, the case
22plan shall indicate the needs of the child that necessitate this
23placement, the plan for transitioning the child to a less restrictive
24environment, and the projected timeline by which the child will
25be transitioned to a less restrictive environment. This section of
26the case plan shall be reviewed and updated at least semiannually.

27(3) On or after January 1, 2012, for a nonminor dependent, as
28defined in subdivision (v) of Section 11400, who is receiving
29AFDC-FC benefits up to 21 years of age pursuant to Section 11403,
30in addition to the above requirements, the selection of the
31placement, including a supervised independent living placement,
32as described in subdivision (w) of Section 11400, shall also be
33based upon the developmental needs of young adults by providing
34opportunities to have incremental responsibilities that prepare a
35nonminor dependent to transition tobegin delete independent living.end deletebegin insert successful
36adulthood.end insert
If admission to, or continuation in, a group home
37placement is being considered for a nonminor dependent, the group
38home placement approval decision shall include a youth-driven,
39team-based case planning process, as defined by the department,
40in consultation with stakeholders. The case plan shall consider the
P107  1full range of placement options, and shall specify why admission
2to, or continuation in, a group home placement is the best
3alternative available at the time to meet the special needs or
4well-being of the nonminor dependent, and how the placement
5will contribute to the nonminor dependent’s transition to
6begin delete independent living.end deletebegin insert successful adulthood.end insert The case plan shall
7specify the treatment strategies that will be used to prepare the
8nonminor dependent for discharge to a less restrictive and more
9familylike setting, including a target date for discharge from the
10group home placement. The placement shall be reviewed and
11updated on a regular, periodic basis to ensure that continuation in
12the group home remains in the best interests of the nonminor
13dependent and that progress is being made in achieving case plan
14goals leading to begin deleteindependent living.end deletebegin insert successful adulthood.end insert The
15group home placement planning process shall begin as soon as it
16becomes clear to the county welfare department or probation office
17that a foster child in group home placement is likely to remain in
18group home placement on his or her 18th birthday, in order to
19expedite the transition to a less restrictive and more familylike
20setting if he or she becomes a nonminor dependent. The case
21planning process shall include informing the youth of all of his or
22her options, including, but not limited to, admission to or
23continuation in a group home placement. Consideration for
24continuation of existing group home placement for a nonminor
25dependent under 19 years of age may include the need to stay in
26the same placement in order to complete high school. After a
27nonminor dependent either completes high school or attains his or
28her 19th birthday, whichever is earlier, continuation in or admission
29to a group home is prohibited unless the nonminor dependent
30satisfies the conditions of paragraph (5) of subdivision (b) of
31Section 11403, and group home placement functions as a short-term
32transition to the appropriate system of care. Treatment services
33provided by the group home placement to the nonminor dependent
34to alleviate or ameliorate the medical condition, as described in
35paragraph (5) of subdivision (b) of Section 11403, shall not
36constitute the sole basis to disqualify a nonminor dependent from
37the group home placement.

38(4) In addition to the requirements of paragraphs (1) to (3),
39inclusive, and taking into account other statutory considerations
40regarding placement, the selection of the most appropriate home
P108  1that will meet the child’s special needs and best interests shall also
2promote educational stability by taking into consideration
3proximity to the child’s school of origin, and school attendance
4area, the number of school transfers the child has previously
5experienced, and the child’s school matriculation schedule, in
6addition to other indicators of educational stability that the
7Legislature hereby encourages the State Department of Social
8Services and the State Department of Education to develop.

9(d) A written case plan shall be completed within a maximum
10of 60 days of the initial removal of the child or of the in-person
11response required under subdivision (f) of Section 16501 if the
12child has not been removed from his or her home, or by the date
13of the dispositional hearing pursuant to Section 358, whichever
14occurs first. The case plan shall be updated, as the service needs
15of the child and family dictate. At a minimum, the case plan shall
16be updated in conjunction with each status review hearing
17conducted pursuant to Sections 364, 366, 366.3, and 366.31, and
18the hearing conducted pursuant to Section 366.26, but no less
19frequently than once every six months. Each updated case plan
20shall include a description of the services that have been provided
21to the child under thebegin delete planend deletebegin insert plan, including, but not limited to,
22child-centered specialized permanency services, as defined in
23Section 11400,end insert
and an evaluation of the appropriateness and
24effectiveness of those services.

25(1) It is the intent of the Legislature that extending the maximum
26time available for preparing a written case plan from 30 to 60 days
27will afford caseworkers time to actively engage families, and to
28solicit and integrate into the case plan the input of the child and
29the child’s family, as well as the input of relatives and other
30interested parties.

31(2) The extension of the maximum time available for preparing
32a written case plan from the 30 to 60 days shall be effective 90
33days after the date that the department gives counties written notice
34that necessary changes have been made to the Child Welfare
35Services Case Management System to account for the 60-day
36timeframe for preparing a written case plan.

37(e) The child welfare services case plan shall be comprehensive
38enough to meet the juvenile court dependency proceedings
39requirements pursuant to Article 6 (commencing with Section 300)
40of Chapter 2 of Part 1 of Division 2.

P109  1(f) The case plan shall be developed as follows:

2(1) The case plan shall be based upon an assessment of the
3circumstances that required child welfare services intervention.
4The child shall be involved in developing the case plan as age and
5developmentally appropriate.

6(2) The case plan shall identify specific goals and the
7appropriateness of the planned services in meeting those goals.

8(3) The case plan shall identify the original allegations of abuse
9or neglect, as defined in Article 2.5 (commencing with Section
1011164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
11conditions cited as the basis for declaring the child a dependent of
12the court pursuant to Section 300, or all of these, and the other
13precipitating incidents that led to child welfare services
14intervention.

15(4) The case plan shall include a description of the schedule of
16the placement agency contacts with the child and the family or
17other caretakers. The frequency of these contacts shall be in
18accordance with regulations adopted by the State Department of
19Social Services. If the child has been placed in foster care out of
20state, the county social worker or probation officer, or a social
21worker or probation officer on the staff of the agency in the state
22 in which the child has been placed, shall visit the child in a foster
23family home or the home of a relative, consistent with federal law
24and in accordance with the department’s approved state plan. For
25children in out-of-state group home facilities, visits shall be
26conducted at least monthly, pursuant to Section 16516.5. At least
27once every six months, at the time of a regularly scheduled
28placement agency contact with the foster child, the child’s social
29worker or probation officer shall inform the child of his or her
30rights as a foster child, as specified in Section 16001.9. The social
31worker or probation officer shall provide the information to the
32child in a manner appropriate to the age or developmental level of
33the child.

34(5) (A) When out-of-home services are used, the frequency of
35contact between the natural parents or legal guardians and the child
36shall be specified in the case plan. The frequency of those contacts
37 shall reflect overall case goals, and consider other principles
38outlined in this section.

39(B) Information regarding any court-ordered visitation between
40the child and the natural parents or legal guardians, and the terms
P110  1and conditions needed to facilitate the visits while protecting the
2safety of the child, shall be provided to the child’s out-of-home
3caregiver as soon as possible after the court order is made.

4(6) When out-of-home placement is made, the case plan shall
5include provisions for the development and maintenance of sibling
6relationships as specified in subdivisions (b), (c), and (d) of Section
716002. If appropriate, when siblings who are dependents of the
8juvenile court are not placed together, the social worker for each
9child, if different, shall communicate with each of the other social
10workers and ensure that the child’s siblings are informed of
11significant life events that occur within their extended family.
12Unless it has been determined that it is inappropriate in a particular
13case to keep siblings informed of significant life events that occur
14within the extended family, the social worker shall determine the
15appropriate means and setting for disclosure of this information
16to the child commensurate with the child’s age and emotional
17well-being. These significant life events shall include, but shall
18not be limited to, the following:

19(A) The death of an immediate relative.

20(B) The birth of a sibling.

21(C) Significant changes regarding a dependent child, unless the
22child objects to the sharing of the information with his or her
23siblings, including changes in placement, major medical or mental
24health diagnoses, treatments, or hospitalizations, arrests, and
25changes in the permanent plan.

26(7) If out-of-home placement is made in a foster family home,
27group home, or other child care institution that is either a
28substantial distance from the home of the child’s parent or out of
29state, the case plan shall specify the reasons why that placement
30is in the best interest of the child. When an out-of-state group home
31placement is recommended or made, the case plan shall, in
32addition, specify compliance with Section 7911.1 of the Family
33Code.

34(8) Effective January 1, 2010, a case plan shall ensure the
35educational stability of the child while in foster care and shall
36include both of the following:

37(A) An assurance that the placement takes into account the
38appropriateness of the current educational setting and the proximity
39to the school in which the child is enrolled at the time of placement.

P111  1(B) An assurance that the placement agency has coordinated
2with the person holding the right to make educational decisions
3for the child and appropriate local educational agencies to ensure
4that the child remains in the school in which the child is enrolled
5at the time of placement or, if remaining in that school is not in
6the best interests of the child, assurances by the placement agency
7and the local educational agency to provide immediate and
8appropriate enrollment in a new school and to provide all of the
9child’s educational records to the new school.

10(9) (A) If out-of-home services are used, or if parental rights
11have been terminated and the case plan is placement for adoption,
12the case plan shall include a recommendation regarding the
13appropriateness of unsupervised visitation between the child and
14any of the child’s siblings. This recommendation shall include a
15statement regarding the child’s and the siblings’ willingness to
16participate in unsupervised visitation. If the case plan includes a
17recommendation for unsupervised sibling visitation, the plan shall
18also note that information necessary to accomplish this visitation
19has been provided to the child or to the child’s siblings.

20(B) Information regarding the schedule and frequency of the
21visits between the child and siblings, as well as any court-ordered
22terms and conditions needed to facilitate the visits while protecting
23the safety of the child, shall be provided to the child’s out-of-home
24caregiver as soon as possible after the court order is made.

25(10) If out-of-home services are used and the goal is
26reunification, the case plan shall describe the services to be
27provided to assist in reunification and the services to be provided
28concurrently to achieve legal permanency if efforts to reunify fail.
29The plan shall also consider in-state and out-of-state placements,
30the importance of developing and maintaining sibling relationships
31pursuant to Section 16002, and the desire and willingness of the
32caregiver to provide legal permanency for the child if reunification
33is unsuccessful.

34(11) If out-of-home services are used, the child has been in care
35for at least 12 months, and the goal is not adoptive placement, the
36case plan shall include documentation of the compelling reason
37or reasons why termination of parental rights is not in the child’s
38best interest.begin delete Aend deletebegin insert Only if child-centered specialized permanency
39services have been offered and made available shall aend insert

40 determination completed or updated within the past 12 months by
P112  1the department when it is acting as an adoption agency or by a
2begin delete licensedend deletebegin insert countyend insert adoption agency that it is unlikelybegin delete thatend delete the child
3will bebegin delete adopted, orend deletebegin insert adopted be deemed a compelling reason. A
4determinationend insert
that one of the conditions described in paragraph
5(1) of subdivision (c) of Section 366.26 applies, shallbegin insert alsoend insert be
6deemed a compelling reason.

7(12) (A) Parents and legal guardians shall have an opportunity
8to review the case plan, and to sign it whenever possible, and then
9shall receive a copy of the plan. In a voluntary service or placement
10agreement, the parents or legal guardians shall be required to
11review and sign the case plan. Whenever possible, parents and
12legal guardians shall participate in the development of the case
13plan. Commencing January 1, 2012, for nonminor dependents, as
14 defined in subdivision (v) of Section 11400, who are receiving
15AFDC-FC or CalWORKs assistance up to 21 years of age pursuant
16to Section 11403, the transitional independent living case plan, as
17set forth in subdivision (y) of Section 11400, shall be developed
18with, and signed by, the nonminor.

19(B) Parents and legal guardians shall be advised that, pursuant
20to Section 1228.1 of the Evidence Code, neither their signature on
21the child welfare services case plan nor their acceptance of any
22services prescribed in the child welfare services case plan shall
23constitute an admission of guilt or be used as evidence against the
24parent or legal guardian in a court of law. However, they shall also
25be advised that the parent’s or guardian’s failure to cooperate,
26except for good cause, in the provision of services specified in the
27child welfare services case plan may be used in any hearing held
28pursuant to Section 366.21, 366.22, or 366.25 as evidence.

29(13) A child shall be given a meaningful opportunity to
30participate in the development of the case plan and state his or her
31preference for foster care placement. A child who is 12 years of
32age or older and in a permanent placement shall also be given the
33opportunity to review the case plan, sign the case plan, and receive
34a copy of the case plan.

35(14) The case plan shall be included in the court report and shall
36be considered by the court at the initial hearing and each review
37hearing. Modifications to the case plan made during the period
38between review hearings need not be approved by the court if the
39casework supervisor for that case determines that the modifications
40further the goals of the plan. If out-of-home services are used with
P113  1the goal of family reunification, the case plan shall consider and
2describe the application of subdivision (b) of Section 11203.

3(15) If the case plan has as its goal for the child a permanent
4plan of adoption or placement in another permanent home, it shall
5include a statement of the child’s wishes regardingbegin delete theirend deletebegin insert his or herend insert
6 permanent placement plan and an assessment of those stated
7wishes. The agency shall also include documentation of the steps
8the agency is taking to find an adoptive family or other permanent
9living arrangements for the child; to place the child with an
10adoptive family, an appropriate and willing relative, a legal
11guardian,begin insert or, in the case of a child 16 years of ageend insert orbegin insert older who
12is receiving specialized permanency services,end insert
in another planned
13permanent living arrangement; and to finalize the adoption or legal
14guardianship.begin delete At a minimum, the documentation shall include
15child-specific recruitment efforts, such as the use of state, regional,
16and national adoption exchanges, including electronic exchange
17systems, when the child has been freed for adoption.end delete
If the plan is
18for kinship guardianship, the case plan shall document how the
19child meets the kinship guardianship eligibility requirements.

begin insert

20(16) In the case of a child for whom another planned permanent
21living arrangement is the permanent plan, the case plan shall
22document all of the following:

end insert
begin insert

23(A) The intensive, ongoing, and unsuccessful efforts made by
24the agency to return the child home or secure a placement for the
25child with a fit and willing relative, a legal guardian, or an
26adoptive parent, including through the utilization of child-centered
27specialized permanency services, as defined in Section 11400.

end insert
begin insert

28(B) The efforts made by the agency to identify relatives or
29nonrelative extended family members through using technology,
30reviewing the child’s case file for information regarding relatives
31or nonrelative extended family members, and using other tools,
32including, but not limited to, genograms, family trees, and family
33mapping.

end insert
begin insert

34(C) The efforts made by the agency to engage relatives or
35nonrelative extended family members by facilitating a meeting
36with the child or nonminor dependent, relatives, nonrelative
37extended family members, and other appropriate persons.

end insert
begin delete

38(16)

end delete

39begin insert(17)end insert (A) When appropriate, for a child who isbegin delete 16end deletebegin insert 14end insert years of
40age or older and, commencing January 1, 2012, for a nonminor
P114  1dependent, the case plan shall include the transitional independent
2living plan (TILP), a written description of the programs and
3services that will help the child, consistent with the child’s best
4interests, to prepare for the transition from foster care to
5begin delete independent living,end deletebegin insert successful adulthood,end insert and, in addition, whether
6the youth has an in-progress application pending for Title XVI
7Supplemental Security Income benefits or for Special Immigrant
8Juvenile Status or other applicable application for legal residency
9and an active dependency case is required for that application.
10When appropriate, for a nonminor dependent, the transitional
11independent living case plan, as described in subdivision (v) of
12Section 11400, shall include the TILP, a written description of the
13programs and services that will help the nonminor dependent,
14consistent with his or her best interests, to prepare for transition
15from foster care and assist the youth in meeting the eligibility
16criteria set forth in paragraphs (1) to (5), inclusive, of subdivision
17(b) Section 11403. If applicable, the case plan shall describe the
18individualized supervision provided in the supervised independent
19living placement as defined in subdivision (w) of Section 11400.
20The case plan shall be developed with the child or nonminor
21dependent and individuals identified as important to the child or
22nonminor dependent, and shall include steps the agency is taking
23to ensure that the child or nonminor dependent achieves
24permanence, including maintaining or obtaining permanent
25connections to caring and committed adults.

26(B) During the 90-day period prior to the participant attaining
2718 years of age or older as the state may elect under Section
28475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec.
29675(8)(B)(iii)), whether during that period foster care maintenance
30payments are being made on the child’s behalf or the child is
31receiving benefits or services under Section 477 of the federal
32Social Security Act (42 U.S.C. Sec. 677), a caseworker or other
33appropriate agency staff or probation officer and other
34representatives of the participant, as appropriate, shall provide the
35youth or nonminor with assistance and support in developing the
36 written 90-day transition plan, that is personalized at the direction
37of the child, information as detailed as the participant elects that
38shall include, but not be limited to, options regarding housing,
39health insurance, education, local opportunities for mentors and
40continuing support services, and workforce supports and
P115  1employment services, a power of attorney for health care, and
2information regarding the advance health care directive form.

3(C) For youthbegin delete 16end deletebegin insert 14end insert years of age or older, the case plan shall
4include documentation that a consumer credit report was requested
5annually from each of the three major credit reporting agencies at
6no charge to the youth and that any results were provided to the
7youth. For nonminor dependents, the case plan shall include
8documentation that the county assisted the nonminor dependent
9in obtaining his or her reports. The case plan shall include
10documentation of barriers, if any, to obtaining the credit reports.
11If the consumer credit report reveals any accounts, the case plan
12shall detail how the county ensured the youth received assistance
13with interpreting the credit report and resolving any inaccuracies,
14including any referrals made for the assistance.

15(g) If the court finds, after considering the case plan, that
16unsupervised sibling visitation is appropriate and has been
17consented to, the court shall order that the child or the child’s
18siblings, the child’s current caregiver, and the child’s prospective
19adoptive parents, if applicable, be provided with information
20necessary to accomplish this visitation. This section does not
21require or prohibit the social worker’s facilitation, transportation,
22or supervision of visits between the child and his or her siblings.

23(h) The case plan documentation on sibling placements required
24under this section shall not require modification of existing case
25plan forms until the Child Welfare Services Case Management
26System is implemented on a statewide basis.

27(i) When a child is 10 years of age or older and has been in
28out-of-home placement for six months or longer, the case plan
29shall include an identification of individuals, other than the child’s
30siblings, who are important to the child and actions necessary to
31maintain the child’s relationship with those individuals, provided
32that those relationships are in the best interest of the child. The
33social worker or probation officer shall ask every child who is 10
34years of age or older and who has been in out-of-home placement
35for six months or longer to identify individuals other than the
36child’s siblings who are important to the child, and may ask any
37other child to provide that information, as appropriate. The social
38worker or probation officer shall make efforts to identify other
39individuals who are important to the child, consistent with the
40child’s best interests.

P116  1(j) The child’s caregiver shall be provided a copy of a plan
2outlining the child’s needs and services. The nonminor dependent’s
3caregiver shall be provided with a copy of the nonminor’s TILP.

4(k) On or before June 30, 2008, the department, in consultation
5with the County Welfare Directors Association of California and
6other advocates, shall develop a comprehensive plan to ensure that
790 percent of foster children are visited by their caseworkers on a
8monthly basis by October 1, 2011, and that the majority of the
9visits occur in the residence of the child. The plan shall include
10any data reporting requirements necessary to comply with the
11provisions of the federal Child and Family Services Improvement
12Act of 2006 (Public Law 109-288).

13(l) The implementation and operation of the amendments to
14subdivision (i) enacted at the 2005-06 Regular Session shall be
15subject to appropriation through the budget process and by phase,
16as provided in Section 366.35.

17begin insert

begin insertSEC. 21.end insert  

end insert
begin insert

Except as required by Section 36 of Article XIII of
18the California Constitution, no reimbursement is required by this
19act pursuant to Section 6 of Article XIII B of the California
20Constitution for certain costs because, in that regard, this act
21implements a federal law or regulation and results in costs
22mandated by the federal government, within the meaning of Section
2317556 of the Government Code.

end insert
begin insert

24With regard to other costs, to the extent that this act has an
25overall effect of increasing the costs already borne by a local
26agency for programs or levels of service mandated by the 2011
27Realignment Legislation within the meaning of Section 36 of Article
28XIII of the California Constitution, it shall apply to local agencies
29only to the extent that the state provides annual funding for the
30cost increase. Any new program or higher level of service provided
31by a local agency pursuant to this act above the level for which
32funding has been provided shall not require a subvention of funds
33by the state nor otherwise be subject to Section 6 of Article XIII B
34of the California Constitution.

end insert
begin delete
35

SECTION 1.  

Section 202 of the Welfare and Institutions Code
36 is amended to read:

37

202.  

(a) The purpose of this chapter is to provide for the
38protection and safety of the public and each minor under the
39jurisdiction of the juvenile court and to preserve and strengthen
40the minor’s family ties whenever possible, removing the minor
P117  1from the custody of his or her parents only when necessary for his
2or her welfare or for the safety and protection of the public. If
3removal of a minor is determined by the juvenile court to be
4necessary, reunification of the minor with his or her family shall
5be a primary objective. If the minor is removed from his or her
6own family, it is the purpose of this chapter to secure for the minor
7custody, care, and discipline as nearly as possible equivalent to
8that which should have been given by his or her parents. This
9chapter shall be liberally construed to carry out these purposes.

10(b) Minors under the jurisdiction of the juvenile court who are
11in need of protective services shall receive care, treatment, and
12guidance consistent with their best interests and the best interests
13of the public. Minors under the jurisdiction of the juvenile court
14as a consequence of delinquent conduct shall, in conformity with
15the interests of public safety and protection, receive care, treatment,
16and guidance that is consistent with their best interests, that holds
17them accountable for their behavior, and that is appropriate for
18their circumstances. This guidance may include punishment that
19is consistent with the rehabilitative objectives of this chapter. If a
20minor has been removed from the custody of his or her parents,
21family preservation and family reunification are appropriate goals
22for the juvenile court to consider when determining the disposition
23of a minor under the jurisdiction of the juvenile court as a
24consequence of delinquent conduct when those goals are consistent
25with his or her best interests and the best interests of the public.
26When the minor is no longer a ward of the juvenile court, the
27guidance he or she received should enable him or her to be a
28law-abiding and productive member of his or her family and the
29community.

30(c) It is also the purpose of this chapter to reaffirm that the duty
31of a parent to support and maintain a minor child continues, subject
32to the financial ability of the parent to pay, during any period in
33which the minor may be declared a ward of the court and removed
34from the custody of the parent.

35(d) Juvenile courts and other public agencies charged with
36enforcing, interpreting, and administering the juvenile court law
37shall consider the safety and protection of the public, the
38importance of redressing injuries to victims, and the best interests
39of the minor in all deliberations pursuant to this chapter.
40Participants in the juvenile justice system shall hold themselves
P118  1accountable for its results. They shall act in conformity with a
2comprehensive set of objectives established to improve system
3performance in a vigorous and ongoing manner. In working to
4improve system performance, the presiding judge of the juvenile
5court and other juvenile court judges designated by the presiding
6judge of the juvenile court shall take into consideration the
7recommendations contained in subdivision (e) of Standard 5.40
8of Title 5 of the California Standards of Judicial Administration,
9contained in the California Rules of Court.

10(e) As used in this chapter, “punishment” means the imposition
11of sanctions. It does not include retribution and shall not include
12a court order to place a child in foster care as described in Section
13727.3. Permissible sanctions may include any of the following:

14(1) Payment of a fine by the minor.

15(2) Rendering of compulsory service without compensation
16performed for the benefit of the community by the minor.

17(3) Limitations on the minor’s liberty imposed as a condition
18of probation or parole.

19(4) Commitment of the minor to a local detention or treatment
20facility, including a juvenile hall, camp, or ranch.

21(5) Commitment of the minor to the Division of Juvenile
22Facilities, Department of Corrections and Rehabilitation.

23(f) In addition to the actions authorized by subdivision (e), the
24juvenile court may, as appropriate, direct the offender to complete
25a victim impact class, participate in victim offender conferencing
26subject to the victim’s consent, pay restitution to the victim or
27victims, and make a contribution to the victim restitution fund after
28all victim restitution orders and fines have been satisfied, in order
29to hold the offender accountable or restore the victim or
30community.

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