California Legislature—2015–16 Regular Session

Assembly BillNo. 1849


Introduced by Assembly Member Gipson

February 9, 2016


An act to amend Sections 391 and 16501.1 of the Welfare and Institutions Code, relating to foster youth.

LEGISLATIVE COUNSEL’S DIGEST

AB 1849, as introduced, Gipson. Foster youth: transition to independent living: health insurance coverage.

Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be dependents of the court under certain circumstances, and prescribes various hearings and other procedures for these purposes. Existing law extends certain foster care benefits to youth up to 21 years of age, known as nonminor dependents if specified conditions are met.

Existing law requires a county social worker to develop a case plan for a minor or nonminor dependent that includes, among other things, when appropriate, for a child who is 16 years of age or older and for a nonminor dependent, a transitional independent living plan. During the 90-day period prior to the participant attaining 18 years of age or older, existing law requires a case worker or appropriate agency staff or probation officer and other representatives of the participant, as appropriate, to provide the youth or nonminor dependent with assistance and support in developing the written 90-day transition plan that is personalized at the direction of the child, and requires the plan to include, among other things, options regarding health insurance.

This bill would require, for purposes of the 90-day transition plan, options regarding health insurance to include verification that the youth or nonminor is enrolled in Medi-Cal and a description of the steps already taken and that will be taken by the social worker or probation officer upon case closure to ensure that the youth or nonminor is transitioned into the Medi-Cal program, as specified.

Existing law prohibits the court from terminating dependency jurisdiction over a nonminor who has attained 18 years of age until a hearing is conducted and the county welfare department has submitted a report verifying that specified information, documents, and services have been provided to the nonminor, including the written 90-day transition plan, assistance in completing an application for Medi-Cal or assistance in obtaining other health insurance, and a letter prepared by the county welfare department that includes specified information.

The bill would revise the list of information, services, and documents that are required to be provided to the nonminor to include, among other things, a Medi-Cal Benefits Identification Card and written information notifying the nonminor of the availability of continued and uninterrupted Medi-Cal coverage up to 26 years of age for eligible nonminors pursuant to specified provisions of law.

By expanding the duties of counties relating to the transition of foster youth from foster care to independent living, this bill would impose a state-mandated local program.

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

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

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

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

P2    1

SECTION 1.  

Section 391 of the Welfare and Institutions Code
2 is amended to read:

3

391.  

(a) The dependency court shall not terminate jurisdiction
4over a nonminor unless a hearing is conducted pursuant to this
5section.

6(b) At any hearing for a nonminor at which the court is
7considering termination of the jurisdiction of the juvenile court,
8the county welfare department shall do all of the following:

P3    1(1) Ensure that the dependent nonminor is present in court,
2unless the nonminor does not wish to appear in court, and elects
3a telephonic appearance, or document reasonable efforts made by
4the county welfare department to locate the nonminor when the
5nonminor is not available.

6(2) Submit a report describing whether it is in the nonminor’s
7best interests to remain under the court’s dependency jurisdiction,
8which includes a recommended transitional independent living
9case plan for the nonminor when the report describes continuing
10dependency jurisdiction as being in the nonminor’s best interest.

11(3) If the county welfare department recommends termination
12of the court’s dependency jurisdiction, submit documentation of
13the reasonable efforts made by the department to provide the
14nonminor with the assistance needed to meet or maintain eligibility
15as a nonminor dependent, as defined in paragraphs (1) to (5),
16inclusive, of subdivision (b) of Section 11403.

17(4) If the nonminor has indicated that he or she does not want
18dependency jurisdiction to continue, the report shall address the
19manner in which the nonminor was advised of his or her options,
20including the benefits of remaining in foster care, and of his or her
21right to reenter foster care and to file a petition pursuant to
22subdivision (e) of Section 388 to resume dependency jurisdiction
23prior to attaining 21 years of age.

24(c) (1) The court shall continue dependency jurisdiction over
25a nonminor who meets the definition of a nonminor dependent as
26described in subdivision (v) of Section 11400 unless the court finds
27either of the following:

28(A) That the nonminor does not wish to remain subject to
29dependency jurisdiction.

30(B) That the nonminor is not participating in a reasonable and
31appropriate transitional independent living case plan.

32(2) In making the findings pursuant to paragraph (1), the court
33must also find that the nonminor has been informed of his or her
34options including the benefits of remaining in foster care and the
35right to reenter foster care by filing a petition pursuant to
36subdivision (e) of Section 388 to resume dependency jurisdiction
37and by completing a voluntary reentry agreement pursuant to
38subdivision (z) of Section 11400, and has had an opportunity to
39confer with his or her counsel if counsel has been appointed
40pursuant to Section 317.

P4    1(d) (1) The court may terminate its jurisdiction over a nonminor
2if the court finds after reasonable and documented efforts the
3nonminor cannot be located.

4(2) When terminating dependency jurisdiction, the court shall
5maintain general jurisdiction over the nonminor to allow for the
6filing of a petition to resume dependency jurisdiction under
7subdivision (e) of Section 388 until the nonminor attains 21 years
8of age, although no review proceedings shall be required. A
9nonminor may petition the court pursuant to subdivision (e) of
10Section 388 to resume dependency jurisdiction at any time before
11attaining 21 years of age.

12(e) The court shall not terminate dependency jurisdiction over
13a nonminor who has attained 18 years of age until a hearing is
14conducted pursuant to this section and the department has
15submitted a report verifying that the following information,
16documents, and services have been provided to the nonminor, or
17in the case of a nonminor who, after reasonable efforts by the
18county welfare department, cannot be located, verifying the efforts
19made to make the following available to the nonminor:

20(1) Written information concerning the nonminor’s case,
21including any known information regarding the nonminor’s Indian
22heritage or tribal connections, if applicable, his or her family
23history and placement history, any photographs of the nonminor
24or his or her family in the possession of the county welfare
25department, other than forensic photographs, the whereabouts of
26any siblings under the jurisdiction of the juvenile court, unless the
27court determines that sibling contact would jeopardize the safety
28or welfare of the sibling, directions on how to access the documents
29the nonminor is entitled to inspect under Section 827, and the date
30on which the jurisdiction of the juvenile court would be terminated.

31(2) The following documents:

32(A) Social security card.

33(B) Certified copy of his or her birth certificate.

34(C) Health and education summary, as described in subdivision
35(a) of Section 16010.

36(D) Driver’s license, as described in Section 12500 of the
37Vehicle Code, or identification card, as described in Section 13000
38of the Vehicle Code.

39(E) A letter prepared by the county welfare department that
40includes the following information:

P5    1(i) The nonminor’s name and date of birth.

2(ii) The dates during which the nonminor was within the
3jurisdiction of the juvenile court.

4(iii) A statement that the nonminor was a foster youth in
5compliance with state and federal financial aid documentation
6requirements.

begin insert

7(iv) Verification that the nonminor is enrolled in Medi-Cal.

end insert

8(F) If applicable, the death certificate of the parent or parents.

9(G) If applicable, proof of the nonminor’s citizenship or legal
10residence.

11(H) An advance health care directive form.

12(I) The Judicial Council form that the nonminor would use to
13file a petition pursuant to subdivision (e) of Section 388 to resume
14dependency jurisdiction.

15(J) The written 90-day transition plan prepared pursuant to
16Section 16501.1.

begin delete

17(3) Assistance in completing an application for Medi-Cal or
18assistance in obtaining other health insurance.

end delete
begin insert

19(K) A Medi-Cal Benefits Identification Card.

end insert
begin insert

20(3) Written information notifying the nonminor of the availability
21of continued and uninterrupted Medi-Cal coverage up to 26 years
22of age for eligible nonminors pursuant to Section 14005.28 or
2314005.285.

end insert

24(4) Referrals to transitional housing, if available, or assistance
25in securing other housing.

26(5) Assistance in obtaining employment or other financial
27support.

28(6) Assistance in applying for admission to college or to a
29vocational training program or other educational institution and
30in obtaining financial aid, where appropriate.

31(7) Assistance in maintaining relationships with individuals
32who are important to a nonminor who has been in out-of-home
33placement for six months or longer from the date the nonminor
34entered foster care, based on the nonminor’s best interests.

35(8) For nonminors between 18 and 21 years of age, assistance
36in accessing the Independent Living Aftercare Program in the
37nonminor’s county of residence, and, upon the nonminor’s request,
38assistance in completing a voluntary reentry agreement for care
39and placement pursuant to subdivision (z) of Section 11400 and
P6    1in filing a petition pursuant to subdivision (e) of Section 388 to
2resume dependency jurisdiction.

3(9) Written information notifying the child that current or former
4dependent children who are or have been in foster care are granted
5a preference for student assistant or internship positions with state
6agencies pursuant to Section 18220 of the Government Code. The
7preference shall be granted to applicants up to 26 years of age.

8(f) At the hearing closest to and before a dependent minor’s
918th birthday and every review hearing thereafter for nonminors,
10the department shall submit a report describing efforts toward
11completing the items described in paragraph (2) of subdivision
12(e).

13(g) The Judicial Council shall develop and implement standards,
14and develop and adopt appropriate forms necessary to implement
15this provision.

begin delete

16(h) This section shall become operative on January 1, 2012.

end delete
17

SEC. 2.  

Section 16501.1 of the Welfare and Institutions Code
18 is amended to read:

19

16501.1.  

(a) (1) The Legislature finds and declares that the
20foundation and central unifying tool in child welfare services is
21the case plan.

22(2) The Legislature further finds and declares that a case plan
23ensures that the child receives protection and safe and proper care
24and case management, and that services are provided to the child
25and parents or other caretakers, as appropriate, in order to improve
26conditions in the parent’s home, to facilitate the safe return of the
27child to a safe home or the permanent placement of the child, and
28to address the needs of the child while in foster care.

29(3) The agency shall consider the recommendations of the child
30and family team, as defined in paragraph (4) of subdivision (a) of
31Section 16501, if any are available. The agency shall document
32the rationale for any inconsistencies between the case plan and the
33child and family team recommendations.

34(b) (1) A case plan shall be based upon the principles of this
35section and the input from the child and family team.

36(2) The case plan shall document that a preplacement assessment
37of the service needs of the child and family, and preplacement
38preventive services, have been provided, and that reasonable efforts
39to prevent out-of-home placement have been made. Preplacement
40services may include intensive mental health services in the home
P7    1or a community setting and the reasonable efforts made to prevent
2out-of-home placement.

3(3) In determining the reasonable services to be offered or
4provided, the child’s health and safety shall be the paramount
5concerns.

6(4) Upon a determination pursuant to paragraph (1) of
7subdivision (e) of Section 361.5 that reasonable services will be
8offered to a parent who is incarcerated in a county jail or state
9prison, detained by the United States Department of Homeland
10Security, or deported to his or her country of origin, the case plan
11shall include information, to the extent possible, about a parent’s
12incarceration in a county jail or the state prison, detention by the
13United States Department of Homeland Security, or deportation
14during the time that a minor child of that parent is involved in
15dependency care.

16(5) Reasonable services shall be offered or provided to make it
17possible for a child to return to a safe home environment, unless,
18pursuant to subdivisions (b) and (e) of Section 361.5, the court
19determines that reunification services shall not be provided.

20(6) If reasonable services are not ordered, or are terminated,
21reasonable efforts shall be made to place the child in a timely
22manner in accordance with the permanent plan and to complete
23all steps necessary to finalize the permanent placement of the child.

24(c) If out-of-home placement is used to attain case plan goals,
25the case plan shall consider the recommendations of the child and
26family team.

27(d) (1) The case plan shall include a description of the type of
28home or institution in which the child is to be placed, and the
29reasons for that placement decision. The decision regarding choice
30of placement shall be based upon selection of a safe setting that is
31the least restrictive family setting that promotes normal childhood
32experiences and the most appropriate setting that meets the child’s
33individual needs and is available, in proximity to the parent’s home,
34in proximity to the child’s school, and consistent with the selection
35of the environment best suited to meet the child’s special needs
36and best interests. The selection shall consider, in order of priority,
37placement with relatives, nonrelated extended family members,
38and tribal members; foster family homes, resource families, and
39nontreatment certified homes of foster family agencies; followed
40by treatment and intensive treatment certified homes of foster
P8    1family agencies; or multidimensional treatment foster care homes
2or therapeutic foster care homes; group care placements in the
3order of short-term residential treatment centers, group homes,
4community treatment facilities, and out-of-state residential
5treatment pursuant to Part 5 (commencing with Section 7900) of
6Division 12 of the Family Code.

7(2) If a short-term intensive treatment center placement is
8selected for a child, the case plan shall indicate the needs of the
9child that necessitate this placement, the plan for transitioning the
10child to a less restrictive environment, and the projected timeline
11by which the child will be transitioned to a less restrictive
12environment. This section of the case plan shall be reviewed and
13updated at least semiannually.

14(A) The case plan for placements in a group home, or
15commencing January 1, 2017, in a short-term residential treatment
16center, shall indicate that the county has taken into consideration
17Section 16010.8.

18(B) After January 1, 2017, a child and family team meeting as
19defined in Section 16501 shall be convened by the county placing
20agency for the purpose of identifying the supports and services
21needed to achieve permanency and enable the child or youth to be
22placed in the least restrictive family setting that promotes normal
23childhood experiences.

24(3) On or after January 1, 2012, for a nonminor dependent, as
25defined in subdivision (v) of Section 11400, who is receiving
26AFDC-FC benefits up to 21 years of age pursuant to Section 11403,
27in addition to the above requirements, the selection of the
28placement, including a supervised independent living placement,
29as described in subdivision (w) of Section 11400, shall also be
30based upon the developmental needs of young adults by providing
31opportunities to have incremental responsibilities that prepare a
32nonminor dependent to transition to successful adulthood. If
33admission to, or continuation in, a group home or short-term
34residential treatment center placement is being considered for a
35nonminor dependent, the group home or short-term residential
36treatment center placement approval decision shall include a
37youth-driven, team-based case planning process, as defined by the
38department, in consultation with stakeholders. The case plan shall
39consider the full range of placement options, and shall specify why
40admission to, or continuation in, a group home placement is the
P9    1best alternative available at the time to meet the special needs or
2well-being of the nonminor dependent, and how the placement
3will contribute to the nonminor dependent’s transition to successful
4adulthood. The case plan shall specify the treatment strategies that
5will be used to prepare the nonminor dependent for discharge to
6a less restrictive family setting that promotes normal childhood
7experiences, including a target date for discharge from the group
8home placement. The placement shall be reviewed and updated
9on a regular, periodic basis to ensure that continuation in the group
10home placement remains in the best interests of the nonminor
11dependent and that progress is being made in achieving case plan
12goals leading to successful adulthood. The group home placement
13planning process shall begin as soon as it becomes clear to the
14county welfare department or probation office that a foster child
15in group home placement is likely to remain in group home
16placement on his or her 18th birthday, in order to expedite the
17transition to a less restrictive family setting that promotes normal
18childhood experiences, if he or she becomes a nonminor dependent.
19The case planning process shall include informing the youth of all
20of his or her options, including, but not limited to, admission to
21or continuation in a group home placement. Consideration for
22continuation of existing group home placement for a nonminor
23dependent under 19 years of age may include the need to stay in
24the same placement in order to complete high school. After a
25nonminor dependent either completes high school or attains his or
26her 19th birthday, whichever is earlier, continuation in or admission
27to a group home placement is prohibited unless the nonminor
28dependent satisfies the conditions of paragraph (5) of subdivision
29(b) of Section 11403, and group home placement functions as a
30 short-term transition to the appropriate system of care. Treatment
31services provided by the group home placement to the nonminor
32dependent to alleviate or ameliorate the medical condition, as
33described in paragraph (5) of subdivision (b) of Section 11403,
34shall not constitute the sole basis to disqualify a nonminor
35dependent from the group home placement.

36(4) In addition to the requirements of paragraphs (1) to (3),
37inclusive, and taking into account other statutory considerations
38regarding placement, the selection of the most appropriate home
39that will meet the child’s special needs and best interests shall also
40promote educational stability by taking into consideration
P10   1proximity to the child’s school of origin, and school attendance
2area, the number of school transfers the child has previously
3experienced, and the child’s school matriculation schedule, in
4addition to other indicators of educational stability that the
5Legislature hereby encourages the State Department of Social
6Services and the State Department of Education to develop.

7(e) A written case plan shall be completed within a maximum
8of 60 days of the initial removal of the child or of the in-person
9response required under subdivision (f) of Section 16501 if the
10child has not been removed from his or her home, or by the date
11of the dispositional hearing pursuant to Section 358, whichever
12occurs first. The case plan shall be updated, as the service needs
13of the child and family dictate. At a minimum, the case plan shall
14be updated in conjunction with each status review hearing
15conducted pursuant to Sections 364, 366, 366.3, and 366.31, and
16the hearing conducted pursuant to Section 366.26, but no less
17frequently than once every six months. Each updated case plan
18shall include a description of the services that have been provided
19to the child under the plan and an evaluation of the appropriateness
20and effectiveness of those services.

21(1) It is the intent of the Legislature that extending the maximum
22time available for preparing a written case plan from 30 to 60 days
23will afford caseworkers time to actively engage families, and to
24solicit and integrate into the case plan the input of the child and
25the child’s family, as well as the input of relatives and other
26interested parties.

27(2) The extension of the maximum time available for preparing
28a written case plan from the 30 to 60 days shall be effective 90
29days after the date that the department gives counties written notice
30that necessary changes have been made to the Child Welfare
31Services/Case Management System (CWS/CMS) to account for
32the 60-day timeframe for preparing a written case plan.

33(f) The child welfare services case plan shall be comprehensive
34enough to meet the juvenile court dependency proceedings
35requirements pursuant to Article 6 (commencing with Section 300)
36of Chapter 2 of Part 1 of Division 2.

37(g) The case plan shall be developed considering the
38recommendations of the child and family team, as follows:

39(1) The case plan shall be based upon an assessment of the
40circumstances that required child welfare services intervention.
P11   1The child shall be involved in developing the case plan as age and
2developmentally appropriate.

3(2) The case plan shall identify specific goals and the
4appropriateness of the planned services in meeting those goals.

5(3) The case plan shall identify the original allegations of abuse
6or neglect, as defined in Article 2.5 (commencing with Section
711164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
8conditions cited as the basis for declaring the child a dependent of
9the court pursuant to Section 300, or all of these, and the other
10precipitating incidents that led to child welfare services
11intervention.

12(4) The case plan shall include a description of the schedule of
13the placement agency contacts with the child and the family or
14other caretakers. The frequency of these contacts shall be in
15accordance with regulations adopted by the State Department of
16Social Services. If the child has been placed in foster care out of
17state, the county social worker or probation officer, or a social
18worker or probation officer on the staff of the agency in the state
19in which the child has been placed, shall visit the child in a foster
20family home or the home of a relative, consistent with federal law
21and in accordance with the department’s approved state plan. For
22children in out-of-state group home facilities, visits shall be
23conducted at least monthly, pursuant to Section 16516.5. At least
24once every six months, at the time of a regularly scheduled
25placement agency contact with the foster child, the child’s social
26worker or probation officer shall inform the child of his or her
27rights as a foster child, as specified in Section 16001.9. The social
28worker or probation officer shall provide the information to the
29child in a manner appropriate to the age or developmental level of
30the child.

31(5) (A) When out-of-home services are used, the frequency of
32contact between the natural parents or legal guardians and the child
33shall be specified in the case plan. The frequency of those contacts
34shall reflect overall case goals, and consider other principles
35outlined in this section.

36(B) Information regarding any court-ordered visitation between
37the child and the natural parents or legal guardians, and the terms
38and conditions needed to facilitate the visits while protecting the
39safety of the child, shall be provided to the child’s out-of-home
40caregiver as soon as possible after the court order is made.

P12   1(6) When out-of-home placement is made, the case plan shall
2include provisions for the development and maintenance of sibling
3relationships as specified in subdivisions (b), (c), and (d) of Section
416002. If appropriate, when siblings who are dependents of the
5juvenile court are not placed together, the social worker for each
6child, if different, shall communicate with each of the other social
7workers and ensure that the child’s siblings are informed of
8significant life events that occur within their extended family.
9Unless it has been determined that it is inappropriate in a particular
10case to keep siblings informed of significant life events that occur
11within the extended family, the social worker shall determine the
12appropriate means and setting for disclosure of this information
13to the child commensurate with the child’s age and emotional
14well-being. These significant life events shall include, but shall
15not be limited to, the following:

16(A) The death of an immediate relative.

17(B) The birth of a sibling.

18(C) Significant changes regarding a dependent child, unless the
19child objects to the sharing of the information with his or her
20siblings, including changes in placement, major medical or mental
21health diagnoses, treatments, or hospitalizations, arrests, and
22changes in the permanent plan.

23(7) If out-of-home placement is made in a foster family home,
24group home, or other child care institution that is either a
25substantial distance from the home of the child’s parent or out of
26state, the case plan shall specify the reasons why that placement
27is in the best interest of the child. When an out-of-state group home
28placement is recommended or made, the case plan shall, in
29addition, specify compliance with Section 7911.1 of the Family
30Code.

31(8) A case plan shall ensure the educational stability of the child
32while in foster care and shall include both of the following:

33(A) An assurance that the placement takes into account the
34appropriateness of the current educational setting and the proximity
35to the school in which the child is enrolled at the time of placement.

36(B) An assurance that the placement agency has coordinated
37with the person holding the right to make educational decisions
38for the child and appropriate local educational agencies to ensure
39that the child remains in the school in which the child is enrolled
40at the time of placement or, if remaining in that school is not in
P13   1the best interests of the child, assurances by the placement agency
2and the local educational agency to provide immediate and
3appropriate enrollment in a new school and to provide all of the
4child’s educational records to the new school.

5(9) (A) If out-of-home services are used, or if parental rights
6have been terminated and the case plan is placement for adoption,
7the case plan shall include a recommendation regarding the
8appropriateness of unsupervised visitation between the child and
9any of the child’s siblings. This recommendation shall include a
10statement regarding the child’s and the siblings’ willingness to
11participate in unsupervised visitation. If the case plan includes a
12recommendation for unsupervised sibling visitation, the plan shall
13also note that information necessary to accomplish this visitation
14has been provided to the child or to the child’s siblings.

15(B) Information regarding the schedule and frequency of the
16visits between the child and siblings, as well as any court-ordered
17terms and conditions needed to facilitate the visits while protecting
18the safety of the child, shall be provided to the child’s out-of-home
19caregiver as soon as possible after the court order is made.

20(10) If out-of-home services are used and the goal is
21reunification, the case plan shall describe the services to be
22provided to assist in reunification and the services to be provided
23concurrently to achieve legal permanency if efforts to reunify fail.
24The plan shall also consider in-state and out-of-state placements,
25the importance of developing and maintaining sibling relationships
26pursuant to Section 16002, and the desire and willingness of the
27caregiver to provide legal permanency for the child if reunification
28is unsuccessful.

29(11) If out-of-home services are used, the child has been in care
30for at least 12 months, and the goal is not adoptive placement, the
31case plan shall include documentation of the compelling reason
32or reasons why termination of parental rights is not in the child’s
33best interest. A determination completed or updated within the
34past 12 months by the department when it is acting as an adoption
35agency or by a licensed adoption agency that it is unlikely that the
36child will be adopted, or that one of the conditions described in
37paragraph (1) of subdivision (c) of Section 366.26 applies, shall
38be deemed a compelling reason.

39(12) (A) Parents and legal guardians shall have an opportunity
40to review the case plan, and to sign it whenever possible, and then
P14   1shall receive a copy of the plan. In a voluntary service or placement
2agreement, the parents or legal guardians shall be required to
3review and sign the case plan. Whenever possible, parents and
4legal guardians shall participate in the development of the case
5plan. Commencing January 1, 2012, for nonminor dependents, as
6defined in subdivision (v) of Section 11400, who are receiving
7AFDC-FC or CalWORKs assistance up to 21 years of age pursuant
8to Section 11403, the transitional independent living case plan, as
9set forth in subdivision (y) of Section 11400, shall be developed
10with, and signed by, the nonminor.

11(B) Parents and legal guardians shall be advised that, pursuant
12to Section 1228.1 of the Evidence Code, neither their signature on
13the child welfare services case plan nor their acceptance of any
14services prescribed in the child welfare services case plan shall
15constitute an admission of guilt or be used as evidence against the
16parent or legal guardian in a court of law. However, they shall also
17be advised that the parent’s or guardian’s failure to cooperate,
18except for good cause, in the provision of services specified in the
19child welfare services case plan may be used in any hearing held
20pursuant to Section 366.21, 366.22, or 366.25 of this code as
21evidence.

22(13) A child shall be given a meaningful opportunity to
23participate in the development of the case plan and state his or her
24preference for foster care placement. A child who is 12 years of
25age or older and in a permanent placement shall also be given the
26opportunity to review the case plan, sign the case plan, and receive
27a copy of the case plan.

28(14) The case plan shall be included in the court report and shall
29be considered by the court at the initial hearing and each review
30hearing. Modifications to the case plan made during the period
31between review hearings need not be approved by the court if the
32casework supervisor for that case determines that the modifications
33further the goals of the plan. If out-of-home services are used with
34the goal of family reunification, the case plan shall consider and
35describe the application of subdivision (b) of Section 11203.

36(15) (A) If the case plan has as its goal for the child a permanent
37plan of adoption or legal guardianship, it shall include a statement
38of the child’s wishes regarding their permanent placement plan
39and an assessment of those stated wishes. The agency shall also
40include documentation of the steps the agency is taking to find an
P15   1adoptive family or other permanent living arrangements for the
2child; to place the child with an adoptive family, an appropriate
3and willing relative, or a legal guardian, and to finalize the adoption
4or legal guardianship. At a minimum, the documentation shall
5include child-specific recruitment efforts, such as the use of state,
6regional, and national adoption exchanges, including electronic
7exchange systems, when the child has been freed for adoption.
8Regardless of whether the child has been freed for adoption,
9documentation shall include a description of any barriers to
10achieving legal permanence and the steps the agency will take to
11address those barriers. If the plan is for kinship guardianship, the
12case plan shall document how the child meets the kinship
13guardianship eligibility requirements.

14(B) When the child is 16 years of age or older and is in another
15planned permanent living arrangement, the case plan shall identify
16the intensive and ongoing efforts to return the child to the home
17of the parent, place the child for adoption, place the child for tribal
18customary adoption in the case of an Indian child, establish a legal
19guardianship, or place the child nonminor dependent with a fit and
20willing relative, as appropriate. Efforts shall include the use of
21technology, including social media, to find biological family
22members of the child.

23(16) (A) (i) For a child who is 14 or 15 years of age, the case
24plan shall include a written description of the programs and services
25that will help the child, consistent with the child’s best interests,
26to prepare for the transition from foster care to successful
27adulthood. The description may be included in the document
28described in subparagraph (A) of paragraph (18).

29(ii) When appropriate, for a child who is 16 years of age or older
30and, commencing January 1, 2012, for a nonminor dependent, the
31case plan shall include the transitional independent living plan
32(TILP), a written description of the programs and services that
33will help the child, consistent with the child’s best interests, to
34prepare for the transition from foster care to successful adulthood,
35and, in addition, whether the youth has an in-progress application
36pending for Title XVI Supplemental Security Income benefits or
37for Special Immigrant Juvenile Status or other applicable
38application for legal residency and an active dependency case is
39required for that application. When appropriate, for a nonminor
40dependent, the transitional independent living case plan, as
P16   1described in subdivision (v) of Section 11400, shall include the
2TILP, a written description of the programs and services that will
3help the nonminor dependent, consistent with his or her best
4interests, to prepare for transition from foster care and assist the
5youth in meeting the eligibility criteria set forth in paragraphs (1)
6to (5), inclusive, of subdivision (b) of Section 11403. If applicable,
7the case plan shall describe the individualized supervision provided
8in the supervised independent living placement as defined in
9subdivision (w) of Section 11400. The case plan shall be developed
10with the child or nonminor dependent and individuals identified
11as important to the child or nonminor dependent, and shall include
12steps the agency is taking to ensure that the child or nonminor
13dependent achieves permanence, including maintaining or
14obtaining permanent connections to caring and committed adults.

15(B) During the 90-day period prior to the participant attaining
1618 years of age or older as the state may elect under Section
17475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec.
18675(8)(B)(iii)), whether during that period foster care maintenance
19payments are being made on the child’s behalf or the child is
20receiving benefits or services under Section 477 of the federal
21Social Security Act (42 U.S.C. Sec. 677), a caseworker or other
22appropriate agency staff or probation officer and other
23representatives of the participant, as appropriate, shall provide the
24youth or nonminor dependent with assistance and support in
25developing the written 90-day transition plan, that is personalized
26at the direction of the child, information as detailed as the
27participant elects that shall include, but not be limited to, options
28regarding housing, health insurance, education, local opportunities
29for mentors and continuing support services, and workforce
30supports and employment services, a power of attorney for health
31care, and information regarding the advance health care directive
32form.begin insert Options regarding health insurance shall include verification
33that the youth or nonminor is enrolled in Medi-Cal and a
34description of the steps already taken and that will be taken by the
35social worker or probation officer upon case closure to ensure
36that the youth or nonminor is transitioned into the Medi-Cal
37program for former foster youth without any interruption in
38coverage and without requiring a new application pursuant to end insert

39begin insertSection 14005.28.end insert

P17   1(C) For youth 14 years of age or older, the case plan shall
2include documentation that a consumer credit report was requested
3annually from each of the three major credit reporting agencies at
4no charge to the youth and that any results were provided to the
5youth. For nonminor dependents, the case plan shall include
6documentation that the county assisted the nonminor dependent
7in obtaining his or her reports. The case plan shall include
8documentation of barriers, if any, to obtaining the credit reports.
9If the consumer credit report reveals any accounts, the case plan
10shall detail how the county ensured the youth received assistance
11with interpreting the credit report and resolving any inaccuracies,
12including any referrals made for the assistance.

13(17) For youth 14 years of age or older and nonminor
14dependents, the case plan shall be developed in consultation with
15the youth. At the youth’s option, the consultation may include up
16to two members of the case planning team who are chosen by the
17youth and who are not foster parents of, or caseworkers for, the
18youth. The agency, at any time, may reject an individual selected
19by the youth to be a member of the case planning team if the
20agency has good cause to believe that the individual would not act
21in the youth’s best interest. One individual selected by the youth
22to be a member of the case planning team may be designated to
23be the youth’s adviser and advocate with respect to the application
24of the reasonable and prudent parent standard to the youth, as
25necessary.

26(18) For youth in foster care 14 years of age and older and
27nonminor dependents, the case plan shall include both of the
28following:

29(A) A document that describes the youth’s rights with respect
30to education, health, visitation, and court participation, the right
31to be annually provided with copies of his or her credit reports at
32no cost while in foster care pursuant to Section 10618.6, and the
33right to stay safe and avoid exploitation.

34(B) A signed acknowledgment by the youth that he or she has
35been provided a copy of the document and that the rights described
36in the document have been explained to the youth in an
37age-appropriate manner.

38(19) The case plan for a child or nonminor dependent who is,
39or who is at risk of becoming, the victim of commercial sexual
P18   1exploitation, shall document the services provided to address that
2issue.

3(h) If the court finds, after considering the case plan, that
4unsupervised sibling visitation is appropriate and has been
5consented to, the court shall order that the child or the child’s
6siblings, the child’s current caregiver, and the child’s prospective
7adoptive parents, if applicable, be provided with information
8necessary to accomplish this visitation. This section does not
9require or prohibit the social worker’s facilitation, transportation,
10or supervision of visits between the child and his or her siblings.

11(i) The case plan documentation on sibling placements required
12under this section shall not require modification of existing case
13plan forms until the Child Welfare Service/Case Management
14System (CWS/CMS) is implemented on a statewide basis.

15(j) When a child is 10 years of age or older and has been in
16out-of-home placement for six months or longer, the case plan
17shall include an identification of individuals, other than the child’s
18siblings, who are important to the child and actions necessary to
19maintain the child’s relationship with those individuals, provided
20that those relationships are in the best interest of the child. The
21social worker or probation officer shall ask every child who is 10
22years of age or older and who has been in out-of-home placement
23for six months or longer to identify individuals other than the
24child’s siblings who are important to the child, and may ask any
25other child to provide that information, or may seek that
26information from the child and family team, as appropriate. The
27social worker or probation officer shall make efforts to identify
28other individuals who are important to the child, consistent with
29the child’s best interests.

30(k) The child’s caregiver shall be provided a copy of a plan
31outlining the child’s needs and services. The nonminor dependent’s
32caregiver shall be provided with a copy of the nonminor’s TILP.

33(l) Each county shall ensure that the total number of visits made
34by caseworkers on a monthly basis to children in foster care during
35a federal fiscal year is not less than 95 percent of the total number
36of those visits that would occur if each child were visited once
37every month while in care and that the majority of the visits occur
38in the residence of the child. The county child welfare and
39probation departments shall comply with data reporting
40requirements that the department deems necessary to comply with
P19   1the federal Child and Family Services Improvement Act of 2006
2(Public Law 109-288) and the federal Child and Family Services
3Improvement and Innovation Act of 2011 (Public Law 112-34).

begin delete

4(l)

end delete

5begin insert(end insertbegin insertm)end insert The implementation and operation of the amendments to
6subdivision (i) enacted at the 2005-06 Regular Session shall be
7subject to appropriation through the budget process and by phase,
8as provided in Section 366.35.

9

SEC. 3.  

To the extent that this act has an overall effect of
10increasing the costs already borne by a local agency for programs
11or levels of service mandated by the 2011 Realignment Legislation
12within the meaning of Section 36 of Article XIII of the California
13Constitution, it shall apply to local agencies only to the extent that
14the state provides annual funding for the cost increase. Any new
15program or higher level of service provided by a local agency
16pursuant to this act above the level for which funding has been
17provided shall not require a subvention of funds by the state nor
18otherwise be subject to Section 6 of Article XIII B of the California
19Constitution.



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