California Legislature—2015–16 Regular Session

Assembly BillNo. 1879


Introduced by Assembly Member McCarty

February 10, 2016


An act to amend Sections 361.5, 366, 366.21, 366.22, 366.25, 366.26, 366.3, 706.5, 706.6, 727.2, 727.3, 11400, 16501, and 16501.1 of, and to add Section 371 to, the Welfare and Institutions Code, relating to foster youth.

LEGISLATIVE COUNSEL’S DIGEST

AB 1879, as introduced, McCarty. Foster youth: permanency.

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 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 the minor and his or her family. Existing law also provides for periodic status review hearings, at which the court is required to 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 things, 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 if the child is 16 years of age or older. Existing law requires, prior to ordering a dependent child to remain in another planned permanent living arrangement as his or her permanent 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.

This bill would require the court to order the provision of child-centered specialized permanency services, as defined, to a child who does not have a permanent plan of adoption and who is not placed with a fit and willing relative, or who is 16 years of age or older and placed in another planned permanent living arrangement. The bill would also authorize the court to order these services for a nonminor dependent in another planned permanent living arrangement. The bill would require the case plan for the child to identify the child-centered specialized permanency services to be provided, and would require the court, to review the child-centered specialized permanency services that have been provided to the child, as specified.

The bill would also require, 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.

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.  

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

3(1) As of September 30, 2014, there were 62,545 California
4children living in the foster care system, with 16,561 children, or
P3    1approximately 26 percent, in foster care for over three years, and
29,780 children, or approximately 16 percent, in foster care for over
3five years. Adult outcomes are often poor for the children who
4emancipate from foster care without a permanent family. Within
5two years of exiting the foster care system, approximately 50
6percent of former foster youth will be homeless, in prison,
7victimized, or dead.

8(2) Families committing to adoption or guardianship of children
9in foster care may face challenges unique to the adoption or
10guardianship experience that result from the trauma of the child’s
11adverse childhood experiences. These challenges can create stress
12that puts the adoption or guardianship at risk of disruption and
13potentially results in the child’s reentry into the foster care system.

14(3) Provisions of the federal Preventing Sex Trafficking and
15Strengthening Families Act (Public Law 113-183) address the need
16to enhance efforts to improve permanency outcomes for older
17children in care by eliminating the use of other planned permanent
18living arrangements as a permanent plan for children under 16
19years of age.

20(4) The new federal law also requires documentation of intensive
21and ongoing efforts to achieve permanence for youth with a case
22plan for another planned permanent living arrangement, and adds
23additional case plan and case plan review system requirements for
24children 16 years of age and older.

25(b) It is the intent of the Legislature in enacting this act to
26improve permanency outcomes and stability for older children in
27foster care and to bring California into compliance with provisions
28of the federal Preventing Sex Trafficking and Strengthening
29Families Act by doing the following:

30(1) Improving the stability of adoptive and guardianship families
31by requiring the State Department of Social Services, county
32adoption agencies, county child welfare agencies, and licensed
33adoption agencies to provide potential adoptive families and
34guardians information, in writing, regarding the importance of
35working with mental health providers that have specialized
36adoption or permanency clinical training and experience if the
37family needs clinical support, and a description of the desirable
38clinical expertise the family should look for when choosing an
39adoption- or permanency-competent mental health professional.

P4    1(2) Improving permanency outcomes for children in foster care
2by requiring child-centered, specialized permanency services prior
3to deeming a child “unlikely to be adopted,” “not a proper subject
4for adoption,” or “having no one willing to take legal
5guardianship,” and prior to, and after, making a permanency plan
6for another planned permanent living arrangement or ordering a
7child into long-term foster care.

8

SEC. 2.  

Section 361.5 of the Welfare and Institutions Code is
9amended to read:

10

361.5.  

(a) Except as provided in subdivision (b), or when the
11parent has voluntarily relinquished the child and the relinquishment
12has been filed with the State Department of Social Services, or
13upon the establishment of an order of guardianship pursuant to
14Section 360, or when a court adjudicates a petition under Section
15329 to modify the court’s jurisdiction from delinquency jurisdiction
16to dependency jurisdiction pursuant to subparagraph (A) of
17paragraph (2) of subdivision (b) of Section 607.2 and the parents
18or guardian of the ward have had reunification services terminated
19under the delinquency jurisdiction, whenever a child is removed
20from a parent’s or guardian’s custody, the juvenile court shall order
21the social worker to provide child welfare services to the child and
22the child’s mother and statutorily presumed father or guardians.
23Upon a finding and declaration of paternity by the juvenile court
24or proof of a prior declaration of paternity by any court of
25competent jurisdiction, the juvenile court may order services for
26the child and the biological father, if the court determines that the
27services will benefit the child.

28(1) Family reunification services, when provided, shall be
29provided as follows:

30(A) Except as otherwise provided in subparagraph (C), for a
31child who, on the date of initial removal from the physical custody
32of his or her parent or guardian, was three years of age or older,
33court-ordered services shall be provided beginning with the
34dispositional hearing and ending 12 months after the date the child
35entered foster care as provided in Section 361.49, unless the child
36is returned to the home of the parent or guardian.

37(B) For a child who, on the date of initial removal from the
38physical custody of his or her parent or guardian, was under three
39years of age, court-ordered services shall be provided for a period
40of six months from the dispositional hearing as provided in
P5    1subdivision (e) of Section 366.21, but no longer than 12 months
2from the date the child entered foster care as provided in Section
3361.49 unless the child is returned to the home of the parent or
4guardian.

5(C) For the purpose of placing and maintaining a sibling group
6together in a permanent home should reunification efforts fail, for
7a child in a sibling group whose members were removed from
8parental custody at the same time, and in which one member of
9the sibling group was under three years of age on the date of initial
10removal from the physical custody of his or her parent or guardian,
11court-ordered services for some or all of the sibling group may be
12limited as set forth in subparagraph (B). For the purposes of this
13paragraph, “a sibling group” shall mean two or more children who
14are related to each other as full or half siblings.

15(2) Any motion to terminate court-ordered reunification services
16prior to the hearing set pursuant to subdivision (f) of Section 366.21
17for a child described by subparagraph (A) of paragraph (1), or
18prior to the hearing set pursuant to subdivision (e) of Section
19366.21 for a child described by subparagraph (B) or (C) of
20paragraph (1), shall be made pursuant to the requirements set forth
21in subdivision (c) of Section 388. A motion to terminate
22court-ordered reunification services shall not be required at the
23hearing set pursuant to subdivision (e) of Section 366.21 if the
24court finds by clear and convincing evidence one of the following:

25(A) That the child was removed initially under subdivision (g)
26of Section 300 and the whereabouts of the parent are still unknown.

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

28(C) That the parent has been convicted of a felony indicating
29parental unfitness.

30(3) Notwithstanding subparagraphs (A), (B), and (C) of
31paragraph (1), court-ordered services may be extended up to a
32maximum time period not to exceed 18 months after the date the
33child was originally removed from physical custody of his or her
34parent or guardian if it can be shown, at the hearing held pursuant
35to subdivision (f) of Section 366.21, that the permanent plan for
36the child is that he or she will be returned and safely maintained
37in the home within the extended time period. The court shall extend
38the time period only if it finds that there is a substantial probability
39that the child will be returned to the physical custody of his or her
40parent or guardian within the extended time period or that
P6    1reasonable services have not been provided to the parent or
2guardian. In determining whether court-ordered services may be
3extended, the court shall consider the special circumstances of an
4incarcerated or institutionalized parent or parents, parent or parents
5court-ordered to a residential substance abuse treatment program,
6or a parent who has been arrested and issued an immigration hold,
7detained by the United States Department of Homeland Security,
8or deported to his or her country of origin, including, but not
9limited to, barriers to the parent’s or guardian’s access to services
10and ability to maintain contact with his or her child. The court
11shall also consider, among other factors, good faith efforts that the
12parent or guardian has made to maintain contact with the child. If
13the court extends the time period, the court shall specify the factual
14basis for its conclusion that there is a substantial probability that
15the child will be returned to the physical custody of his or her
16parent or guardian within the extended time period. The court also
17shall make findings pursuant to subdivision (a) of Section 366 and
18subdivision (e) of Section 358.1.

19When counseling or other treatment services are ordered, the
20parent or guardian shall be ordered to participate in those services,
21unless the parent’s or guardian’s participation is deemed by the
22court to be inappropriate or potentially detrimental to the child, or
23unless a parent or guardian is incarceratedbegin delete ofend deletebegin insert orend insert detained by the
24United States Department of Homeland Security and the corrections
25facility in which he or she is incarcerated does not provide access
26to the treatment services ordered by the court, or has been deported
27to his or her country of origin and services ordered by the court
28are not accessible in that country. Physical custody of the child by
29the parents or guardians during the applicable time period under
30subparagraph (A), (B), or (C) of paragraph (1) shall not serve to
31interrupt the running of the time period. If at the end of the
32applicable time period, a child cannot be safely returned to the
33care and custody of a parent or guardian without court supervision,
34but the child clearly desires contact with the parent or guardian,
35the court shall take the child’s desire into account in devising a
36permanency plan.

37In casesbegin delete whereend deletebegin insert in whichend insert the child was under three years of age
38on the date of the initial removal from the physical custody of his
39or her parent or guardian or is a member of a sibling group as
40 described in subparagraph (C) of paragraph (1), the court shall
P7    1inform the parent or guardian that the failure of the parent or
2guardian to participate regularly in any court-ordered treatment
3programs or to cooperate or avail himself or herself of services
4provided as part of the child welfare services case plan may result
5in a termination of efforts to reunify the family after six months.
6The court shall inform the parent or guardian of the factors used
7in subdivision (e) of Section 366.21 to determine whether to limit
8services to six months for some or all members of a sibling group
9as described in subparagraph (C) of paragraph (1).

10(4) Notwithstanding paragraph (3), court-ordered services may
11be extended up to a maximum time period not to exceed 24 months
12after the date the child was originally removed from physical
13custody of his or her parent or guardian if it is shown, at the hearing
14held pursuant to subdivision (b) of Section 366.22, that the
15permanent plan for the child is that he or she will be returned and
16safely maintained in the home within the extended time period.
17The court shall extend the time period only if it finds that it is in
18the child’s best interest to have the time period extended and that
19there is a substantial probability that the child will be returned to
20the physical custody of his or her parent or guardian who is
21described in subdivision (b) of Section 366.22 within the extended
22time period, or that reasonable services have not been provided to
23the parent or guardian. If the court extends the time period, the
24court shall specify the factual basis for its conclusion that there is
25a substantial probability that the child will be returned to the
26physical custody of his or her parent or guardian within the
27extended time period. The court also shall make findings pursuant
28to subdivision (a) of Section 366 and subdivision (e) of Section
29358.1.

30When counseling or other treatment services are ordered, the
31parent or guardian shall be ordered to participate in those services,
32in order for substantial probability to be found. Physical custody
33of the child by the parents or guardians during the applicable time
34period under subparagraph (A), (B), or (C) of paragraph (1) shall
35not serve to interrupt the running of the time period. If at the end
36of the applicable time period, the child cannot be safely returned
37to the care and custody of a parent or guardian without court
38supervision, but the child clearly desires contact with the parent
39or guardian, the court shall take the child’s desire into account in
40devising a permanency plan.

P8    1Except in casesbegin delete where,end deletebegin insert in which,end insert pursuant to subdivision (b), the
2court does not order reunification services, the court shall inform
3the parent or parents of Section 366.26 and shall specify that the
4parent’s or parents’ parental rights may be terminated.

5(b) Reunification services need not be provided to a parent or
6guardian described in this subdivision when the court finds, by
7clear and convincing evidence, any of the following:

8(1) That the whereabouts of the parent or guardian is unknown.
9A finding pursuant to this paragraph shall be supported by an
10affidavit or by proof that a reasonably diligent search has failed
11to locate the parent or guardian. The posting or publication of
12notices is not required in that search.

13(2) That the parent or guardian is suffering from a mental
14disability that is described in Chapter 2 (commencing with Section
157820) of Part 4 of Division 12 of the Family Code and that renders
16him or her incapable of utilizing those services.

17(3) That the child or a sibling of the child has been previously
18adjudicated a dependent pursuant to any subdivision of Section
19300 as a result of physical or sexual abuse, that following that
20adjudication the child had been removed from the custody of his
21or her parent or guardian pursuant to Section 361, that the child
22has been returned to the custody of the parent or guardian from
23whom the child had been taken originally, and that the child is
24being removed pursuant to Section 361, due to additional physical
25or sexual abuse.

26(4) That the parent or guardian of the child has caused the death
27of another child through abuse or neglect.

28(5) That the child was brought within the jurisdiction of the
29court under subdivision (e) of Section 300 because of the conduct
30of that parent or guardian.

31(6) That the child has been adjudicated a dependent pursuant
32to any subdivision of Section 300 as a result of severe sexual abuse
33or the infliction of severe physical harm to the child, a sibling, or
34a half sibling by a parent or guardian, as defined in this subdivision,
35and the court makes a factual finding that it would not benefit the
36child to pursue reunification services with the offending parent or
37guardian.

38A finding of severe sexual abuse, for the purposes of this
39subdivision, may be based on, but is not limited to, sexual
40intercourse, or stimulation involving genital-genital, oral-genital,
P9    1anal-genital, or oral-anal contact, whether between the parent or
2guardian and the child or a sibling or half sibling of the child, or
3between the child or a sibling or half sibling of the child and
4another person or animal with the actual or implied consent of the
5parent or guardian; or the penetration or manipulation of the
6child’s, sibling’s, or half sibling’s genital organs or rectum by any
7animate or inanimate object for the sexual gratification of the
8parent or guardian, or for the sexual gratification of another person
9with the actual or implied consent of the parent or guardian.

10A finding of the infliction of severe physical harm, for the
11purposes of this subdivision, may be based on, but is not limited
12to, deliberate and serious injury inflicted to or on a child’s body
13or the body of a sibling or half sibling of the child by an act or
14omission of the parent or guardian, or of another individual or
15animal with the consent of the parent or guardian; deliberate and
16torturous confinement of the child, sibling, or half sibling in a
17closed space; or any other torturous act or omission that would be
18reasonably understood to cause serious emotional damage.

19(7) That the parent is not receiving reunification services for a
20sibling or a half sibling of the child pursuant to paragraph (3), (5),
21or (6).

22(8) That the child was conceived by means of the commission
23of an offense listed in Section 288 or 288.5 of the Penal Code, or
24by an act committed outside of this state that, if committed in this
25state, would constitute one of those offenses. This paragraph only
26applies to the parent who committed the offense or act.

27(9) That the child has been found to be a child described in
28subdivision (g) of Section 300; that the parent or guardian of the
29child willfully abandoned the child, and the court finds that the
30abandonment itself constituted a serious danger to the child; or
31that the parent or other person having custody of the child
32voluntarily surrendered physical custody of the child pursuant to
33Section 1255.7 of the Health and Safety Code. For the purposes
34of this paragraph, “serious danger” means that without the
35intervention of another person or agency, the child would have
36sustained severe or permanent disability, injury, illness, or death.
37For purposes of this paragraph, “willful abandonment” shall not
38be construed as actions taken in good faith by the parent without
39the intent of placing the child in serious danger.

P10   1(10) That the court ordered termination of reunification services
2for any siblings or half siblings of the child because the parent or
3guardian failed to reunify with the sibling or half sibling after the
4sibling or half sibling had been removed from that parent or
5guardian pursuant to Section 361 and that parent or guardian is
6the same parent or guardian described in subdivision (a) and that,
7according to the findings of the court, this parent or guardian has
8not subsequently made a reasonable effort to treat the problems
9that led to removal of the sibling or half sibling of that child from
10that parent or guardian.

11(11) That the parental rights of a parent over any sibling or half
12sibling of the child had been permanently severed, and this parent
13is the same parent described in subdivision (a), and that, according
14to the findings of the court, this parent has not subsequently made
15a reasonable effort to treat the problems that led to removal of the
16sibling or half sibling of that child from the parent.

17(12) That the parent or guardian of the child has been convicted
18of a violent felony, as defined in subdivision (c) of Section 667.5
19of the Penal Code.

20(13) That the parent or guardian of the child has a history of
21extensive, abusive, and chronic use of drugs or alcohol and has
22resisted prior court-ordered treatment for this problem during a
23three-year period immediately prior to the filing of the petition
24 that brought that child to the court’s attention, or has failed or
25refused to comply with a program of drug or alcohol treatment
26described in the case plan required by Section 358.1 on at least
27two prior occasions, even though the programs identified were
28available and accessible.

29(14) That the parent or guardian of the child has advised the
30court that he or she is not interested in receiving family
31maintenance or family reunification services or having the child
32returned to or placed in his or her custody and does not wish to
33receive family maintenance or reunification services.

34The parent or guardian shall be represented by counsel and shall
35execute a waiver of services form to be adopted by the Judicial
36Council. The court shall advise the parent or guardian of any right
37to services and of the possible consequences of a waiver of
38services, including the termination of parental rights and placement
39of the child for adoption. The court shall not accept the waiver of
40services unless it states on the record its finding that the parent or
P11   1guardian has knowingly and intelligently waived the right to
2services.

3(15) That the parent or guardian has on one or more occasions
4willfully abducted the child or child’s sibling or half sibling from
5his or her placement and refused to disclose the child’s or child’s
6sibling’s or half sibling’s whereabouts, refused to return physical
7custody of the child or child’s sibling or half sibling to his or her
8placement, or refused to return physical custody of the child or
9child’s sibling or half sibling to the social worker.

10(16) That the parent or guardian has been required by the court
11to be registered on a sex offender registry under the federal Adam
12Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Sec.
1316913(a)), as required in Section 106(b)(2)(B)(xvi)(VI) of the
14Child Abuse Prevention and Treatment Act of 2006 (42 U.S.C.
15Sec. 5106a(2)(B)(xvi)(VI)).

16(c) In deciding whether to order reunification in any case in
17which this section applies, the court shall hold a dispositional
18hearing. The social worker shall prepare a report that discusses
19whether reunification services shall be provided. When it is alleged,
20pursuant to paragraph (2) of subdivision (b), that the parent is
21incapable of utilizing services due to mental disability, the court
22shall order reunification services unless competent evidence from
23mental health professionals establishes that, even with the provision
24of services, the parent is unlikely to be capable of adequately caring
25for the child within the time limits specified in subdivision (a).

26The court shall not order reunification for a parent or guardian
27described in paragraph (3), (4), (6), (7), (8), (9), (10), (11), (12),
28(13), (14), (15), or (16) of subdivision (b) unless the court finds,
29by clear and convincing evidence, that reunification is in the best
30interest of the child.

31In addition, the court shall not order reunification in any situation
32described in paragraph (5) of subdivision (b) unless it finds that,
33based on competent testimony, those services are likely to prevent
34reabuse or continued neglect of the child or that failure to try
35reunification will be detrimental to the child because the child is
36closely and positively attached to that parent. The social worker
37shall investigate the circumstances leading to the removal of the
38child and advise the court whether there are circumstances that
39indicate that reunification is likely to be successful or unsuccessful
P12   1and whether failure to order reunification is likely to be detrimental
2to the child.

3The failure of the parent to respond to previous services, the fact
4that the child was abused while the parent was under the influence
5of drugs or alcohol, a past history of violent behavior, or testimony
6by a competent professional that the parent’s behavior is unlikely
7to be changed by services are among the factors indicating that
8reunification services are unlikely to be successful. The fact that
9a parent or guardian is no longer living with an individual who
10severely abused the child may be considered in deciding that
11reunification services are likely to be successful, provided that the
12court shall consider any pattern of behavior on the part of the parent
13that has exposed the child to repeated abuse.

14(d) If reunification services are not ordered pursuant to
15paragraph (1) of subdivision (b) and the whereabouts of a parent
16become known within six months of the out-of-home placement
17of the child, the court shall order the social worker to provide
18family reunification services in accordance with this subdivision.

19(e) (1) If the parent or guardian is incarcerated, institutionalized,
20or detained by the United States Department of Homeland Security,
21or has been deported to his or her country of origin, the court shall
22order reasonable services unless the court determines, by clear and
23convincing evidence, those services would be detrimental to the
24child. In determining detriment, the court shall consider the age
25of the child, the degree of parent-child bonding, the length of the
26sentence, the length and nature of the treatment, the nature of the
27crime or illness, the degree of detriment to the child if services are
28not offered and, for children 10 years of age or older, the child’s
29attitude toward the implementation of family reunification services,
30the likelihood of the parent’s discharge from incarceration,
31institutionalization, or detention within the reunification time
32limitations described in subdivision (a), and any other appropriate
33factors. In determining the content of reasonable services, the court
34shall consider the particular barriers to an incarcerated,
35institutionalized, detained, or deported parent’s access to those
36court-mandated services and ability to maintain contact with his
37or her child, and shall document this information in the child’s
38case plan. Reunification services are subject to the applicable time
39limitations imposed in subdivision (a). Services may include, but
40shall not be limited to, all of the following:

P13   1(A) Maintaining contact between the parent and child through
2collect telephone calls.

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

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

5(D) Reasonable services to extended family members or foster
6parents providing care for the child if the services are not
7detrimental to the child.

8An incarcerated or detained parent may be required to attend
9counseling, parenting classes, or vocational training programs as
10part of the reunification service plan if actual access to these
11services is provided. The social worker shall document in the
12child’s case plan the particular barriers to an incarcerated,
13institutionalized, or detained parent’s access to those
14court-mandated services and ability to maintain contact with his
15or her child.

16(E) Reasonable efforts to assist parents who have been deported
17to contact child welfare authorities in their country of origin, to
18identify any available services that would substantially comply
19with case plan requirements, to document the parents’ participation
20in those services, and to accept reports from local child welfare
21authorities as to the parents’ living situation, progress, and
22participation in services.

23(2) The presiding judge of the juvenile court of each county
24may convene representatives of the county welfare department,
25the sheriff’s department, and other appropriate entities for the
26purpose of developing and entering into protocols for ensuring the
27notification, transportation, and presence of an incarcerated or
28institutionalized parent at all court hearings involving proceedings
29affecting the child pursuant to Section 2625 of the Penal Code.
30The county welfare department shall utilize the prisoner locator
31system developed by the Department of Corrections and
32Rehabilitation to facilitate timely and effective notice of hearings
33for incarcerated parents.

34(3) Notwithstanding any otherbegin delete provision ofend delete law, if the
35incarcerated parent is a woman seeking to participate in the
36community treatment program operated by the Department of
37Corrections and Rehabilitation pursuant to Chapter 4.8
38(commencing with Section 1174) of Title 7 of Part 2 of, Chapter
394 (commencing with Section 3410) of Title 2 of Part 3 of, the Penal
40Code, the court shall determine whether the parent’s participation
P14   1in a program is in the child’s best interest and whether it is suitable
2to meet the needs of the parent and child.

3(f) If the court, pursuant to paragraph (2), (3), (4), (5), (6), (7),
4(8), (9), (10), (11), (12), (13), (14), (15), or (16) of subdivision (b)
5or paragraph (1) of subdivision (e), does not order reunification
6services, it shall, at the dispositional hearing, that shall include a
7permanency hearing, determine if a hearing under Section 366.26
8shall be set in order to determine whether adoption, guardianship,
9orbegin delete long-termend deletebegin insert continuation inend insert foster care, or in the case of an Indian
10child, in consultation with the child’s tribe, tribal customary
11adoption, is the most appropriatebegin insert currentend insert plan for the child, and
12shall consider in-state and out-of-state placement options. If the
13court so determines, it shall conduct the hearing pursuant to Section
14366.26 within 120 days after the dispositional hearing. However,
15the court shall not schedule a hearing so long as the other parent
16is being provided reunification services pursuant to subdivision
17(a). The court may continue to permit the parent to visit the child
18unless it finds that visitation would be detrimental to the child.

19(g) (1) Whenever a court orders that a hearing shall be held
20pursuant to Section 366.26, including, when, in consultation with
21the child’s tribe, tribal customary adoption is recommended, it
22shall direct the agency supervising the child and the county
23adoption agency, or the State Department of Social Services when
24it is acting as an adoption agency, to prepare an assessment that
25shall include:

26(A) Current search efforts for an absent parent or parents and
27notification of a noncustodial parent in the manner provided for
28in Section 291.

29(B) A review of the amount of and nature of any contact between
30the child and his or her parents and other members of his or her
31extended family since the time of placement. Although the
32extended family of each child shall be reviewed on a case-by-case
33basis, “extended family” for the purpose of this subparagraph shall
34include, but not be limited to, the child’s siblings, grandparents,
35aunts, and uncles.

36(C) An evaluation of the child’s medical, developmental,
37scholastic, mental, and emotional status.

38(D) A preliminary assessment of the eligibility and commitment
39of any identified prospective adoptive parent or guardian, including
40a prospective tribal customary adoptive parent, particularly the
P15   1caretaker, to include a social history, including screening for
2criminal records and prior referrals for child abuse or neglect, the
3capability to meet the child’s needs, and the understanding of the
4legal and financial rights and responsibilities of adoption and
5guardianship. If a proposed guardian is a relative of the minor, the
6assessment shall also consider, but need not be limited to, all of
7the factors specified in subdivision (a) of Section 361.3 and in
8Section 361.4. As used in this subparagraph, “relative” means an
9adult who is related to the minor by blood, adoption, or affinity
10within the fifth degree of kinship, including stepparents,
11stepsiblings, and all relatives whose status is preceded by the words
12“great,” “great-great,” or “grand,” or the spouse of any of those
13persons even if the marriage was terminated by death or
14dissolution. If the proposed permanent plan is guardianship with
15an approved relative caregiver for a minor eligible for aid under
16the Kin-GAP Program, as provided for in Article 4.7 (commencing
17with Section 11385) of Chapter 2 of Part 3 of Division 9, “relative”
18as used in this section has the same meaning as “relative” as
19defined in subdivision (c) of Section 11391.

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

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
38customary adoption, as defined in Section 366.24, is recommended.
39If tribal customary adoption is recommended, the assessment shall
40include an analysis of both of the following:

P16   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(h) If, at any hearing held pursuant to Section 366.26, a
27guardianship is established for the minor with an approved relative
28caregiver and juvenile court dependency is subsequently dismissed,
29the minor shall be eligible for aid under the Kin-GAP Program as
30provided for in Article 4.5 (commencing with Section 11360) or
31Article 4.7 (commencing with Section 11385) of Chapter 2 of Part
323 of Division 9, as applicable.

33(i) In determining whether reunification services will benefit
34the child pursuant to paragraph (6) or (7) of subdivision (b), the
35court shall consider any information it deems relevant, including
36the following factors:

37(1) The specific act or omission comprising the severe sexual
38abuse or the severe physical harm inflicted on the child or the
39child’s sibling or half sibling.

P17   1(2) The circumstances under which the abuse or harm was
2inflicted on the child or the child’s sibling or half sibling.

3(3) The severity of the emotional trauma suffered by the child
4or the child’s sibling or half sibling.

5(4) Any history of abuse of other children by the offending
6parent or guardian.

7(5) The likelihood that the child may be safely returned to the
8care of the offending parent or guardian within 12 months with no
9continuing supervision.

10(6) Whether or not the child desires to be reunified with the
11offending parent or guardian.

12(j) When the court determines that reunification services will
13not be ordered, it shall order that the child’s caregiver receive the
14child’s birth certificate in accordance with Sections 16010.4 and
1516010.5. Additionally, when the court determines that reunification
16services will not be ordered, it shall order, when appropriate, that
17a child who is 16 years of age or older receive his or her birth
18certificate.

19(k) The court shall read into the record the basis for a finding
20of severe sexual abuse or the infliction of severe physical harm
21under paragraph (6) of subdivision (b), and shall also specify the
22factual findings used to determine that the provision of
23reunification services to the offending parent or guardian would
24not benefit the child.

25

SEC. 3.  

Section 366 of the Welfare and Institutions Code is
26amended to read:

27

366.  

(a) (1) The status of every dependent child in foster care
28shall be reviewed periodically as determined by the court but no
29less frequently than once every six months, as calculated from the
30date of the original dispositional hearing, until the hearing
31described in Section 366.26 is completed. The court shall consider
32the safety of the child and shall determine all of the following:

33(A) The continuing necessity for and appropriateness of the
34placement.

35(B) The extent of the agency’s compliance with the case plan
36in making reasonable efforts, or, in the case of a child 16 years of
37age or older with another planned permanent living arrangement,
38the ongoing and intensive efforts,begin insert including child-centered
39specialized permanency services, as defined in Section 11400,end insert
or,
40in the case of an Indian child, active effortsbegin delete as described in Section
P18   1361.7,end delete
to return the child to a safebegin delete homeend deletebegin insert home, as described in
2Section 361.7,end insert
and to complete any steps necessary to finalize the
3permanent placement of the child, including efforts to maintain
4relationships between a child who is 10 years of age or older and
5who has been in an out-of-home placement for six months or
6longer, and individuals other than the child’s siblings who are
7important to the child, consistent with the child’s best interests.

8(C) Whether there should be any limitation on the right of the
9parent or guardian to make educational decisions or developmental
10services decisions for the child. That limitation shall be specifically
11addressed in the court order and may not exceed those necessary
12to protect the child. Whenever the court specifically limits the right
13of the parent or guardian to make educational decisions or
14developmental services decisions for the child, the court shall at
15the same time appoint a responsible adult to make educational
16decisions or developmental services decisions for the child pursuant
17to Section 361.

18(D) (i) Whether the child has other siblings under the court’s
19jurisdiction, and, if any siblings exist, all of the following:

20(I) The nature of the relationship between the child and his or
21her siblings.

22(II) The appropriateness of developing or maintaining the sibling
23relationships pursuant to Section 16002.

24(III) If the siblings are not placed together in the same home,
25why the siblings are not placed together and what efforts are being
26made to place the siblings together, or why those efforts are not
27appropriate.

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

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

30(ib) If there are visits between the siblings, whether the visits
31are supervised or unsupervised. If the visits are supervised, a
32discussion of the reasons why the visits are supervised, and what
33needs to be accomplished in order for the visits to be unsupervised.

34(ic) If there are visits between the siblings, a description of the
35location and length of the visits.

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

37(V) The impact of the sibling relationships on the child’s
38placement and planning for legal permanence.

39(VI) The continuing need to suspend sibling interaction, if
40applicable, pursuant to subdivision (c) of Section 16002.

P19   1(ii) The factors the court may consider in making a determination
2regarding the nature of the child’s sibling relationships may
3include, but are not limited to, whether the siblings were raised
4together in the same home, whether the siblings have shared
5significant common experiences or have existing close and strong
6bonds, whether either sibling expresses a desire to visit or live with
7his or her sibling, as applicable, and whether ongoing contact is
8in the child’s best emotional interests.

9(E) The extent of progress that has been made toward alleviating
10or mitigating the causes necessitating placement in foster care.

11(F) If the review hearing is the last review hearing to be held
12before the child attains 18 years of age, the court shall conduct the
13hearing pursuant to Section 366.31 or 366.32.

14(2) The court shall project a likely date by which the child may
15be returned to and safely maintained in the home or placed for
16adoption, tribal customary adoption in the case of an Indian child,
17legal guardianship, placed with a fit and willing relative,begin delete orend deletebegin insert or, if
18the child is 16 years of age or older,end insert
in another planned permanent
19livingbegin delete arrangement.end deletebegin insert arrangement with the provision of
20child-centered specialized permanency services, as defined in
21Section 11400.end insert

22(b) Subsequent to the hearing, periodic reviews of each child
23in foster care shall be conducted pursuant to the requirements of
24Sections 366.3 and 16503.

25(c) If the child has been placed out of state, each review
26described in subdivision (a) and any reviews conducted pursuant
27to Sections 366.3 and 16503 shall also address whether the
28out-of-state placement continues to be the most appropriate
29placement selection and in the best interests of the child.

30(d) (1) A review described in subdivision (a) and any reviews
31conducted pursuant to Sections 366.3 and 16503 shall not result
32in a placement of a child outside the United States prior to a judicial
33finding that the placement is in the best interest of the child, except
34as required by federal law or treaty.

35(2) The party or agency requesting placement of the child outside
36the United States shall carry the burden of proof and must show,
37by clear and convincing evidence, that a placement outside the
38United States is in the best interest of the child.

39(3) In determining the best interest of the child, the court shall
40consider, but not be limited to, the following factors:

P20   1(A) Placement with a relative.

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

3(C) Amount and nature of any contact between the child and
4the potential guardian or caretaker.

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

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

7(F) Social, cultural, and educational needs of the dependent
8child.

9(G) Specific desires of any dependent child who is 12 years of
10age or older.

11(4) If the court finds that a placement outside the United States
12is, by clear and convincing evidence, in the best interest of the
13child, the court may issue an order authorizing the social worker
14or placing agency to make a placement outside the United States.
15A child subject to this subdivision shall not leave the United States
16prior to the issuance of the order described in this paragraph.

17(5) For purposes of this subdivision, “outside the United States”
18shall not include the lands of any federally recognized American
19Indian tribe or Alaskan Natives.

20(6) This section shall not apply to the placement of a dependent
21child with a parent.

22(e) A child may not be placed in an out-of-state group home,
23or remain in an out-of-state group home, unless the group home
24is in compliance with Section 7911.1 of the Family Code.

25(f) The status review of every nonminor dependent, as defined
26in subdivision (v) of Section 11400, shall be conducted pursuant
27to the requirements of Sections 366.3, 366.31, or 366.32, and 16503
28until dependency jurisdiction is terminated pursuant to Section
29391.

30

SEC. 4.  

Section 366.21 of the Welfare and Institutions Code
31 is amended to read:

32

366.21.  

(a) Every hearing conducted by the juvenile court
33reviewing the status of a dependent child shall be placed on the
34appearance calendar. The court shall advise all persons present at
35the hearing of the date of the future hearing and of their right to
36be present and represented by counsel.

37(b) Except as provided in Sections 294 and 295, notice of the
38hearing shall be provided pursuant to Section 293.

39(c) At least 10 calendar days prior to the hearing, the social
40worker shall file a supplemental report with the court regarding
P21   1the services provided or offered to the parent or legal guardian to
2enable him or her to assume custody and the efforts made to
3achieve legal permanence for the child if efforts to reunify fail,
4including, but not limited to, efforts to maintain relationships
5between a child who is 10 years of age or older and has been in
6out-of-home placement for six months or longer and individuals
7who are important to the child, consistent with the child’s best
8interests; the progress made; and, where relevant, the prognosis
9for return of the child to the physical custody of his or her parent
10or legal guardian; and shall make his or her recommendation for
11disposition. If the child is a member of a sibling group described
12in subparagraph (C) of paragraph (1) of subdivision (a) of Section
13361.5, the report and recommendation may also take into account
14those factors described in subdivision (e) relating to the child’s
15sibling group. If the recommendation is not to return the child to
16a parent or legal guardian, the report shall specify why the return
17of the child would be detrimental to the child. The social worker
18shall provide the parent or legal guardian, counsel for the child,
19and any court-appointed child advocate with a copy of the report,
20including his or her recommendation for disposition, at least 10
21calendar days prior to the hearing. In the case of a child removed
22from the physical custody of his or her parent or legal guardian,
23the social worker shall, at least 10 calendar days prior to the
24hearing, provide a summary of his or her recommendation for
25disposition to any foster parents, relative caregivers, and certified
26foster parents who have been approved for adoption by the State
27Department of Social Services when it is acting as an adoption
28agency or by a county adoption agency, community care facility,
29or foster family agency having the physical custody of the child.
30The social worker shall include a copy of the Judicial Council
31Caregiver Information Form (JV-290) with the summary of
32recommendations to the child’s foster parents, relative caregivers,
33or foster parents approved for adoption, in the caregiver’s primary
34language when available, along with information on how to file
35the form with the court.

36(d) Prior to any hearing involving a child in the physical custody
37of a community care facility or a foster family agency that may
38result in the return of the child to the physical custody of his or
39her parent or legal guardian,begin delete orend delete in adoption or the creation of a
40legal guardianship,begin delete orend deletebegin insert or,end insert in the case of an Indian child, in
P22   1consultation with the child’s tribe, tribal customary adoption, the
2facility or agency shall file with the court a report, or a Judicial
3Council Caregiver Information Form (JV-290), containing its
4recommendation for disposition. Prior to the hearing involving a
5child in the physical custody of a foster parent, a relative caregiver,
6or a certified foster parent who has been approved for adoption by
7the State Department of Social Services when it is acting as an
8adoption agency or by a county adoption agency, the foster parent,
9relative caregiver, or the certified foster parent who has been
10approved for adoption by the State Department of Social Services
11when it is acting as an adoption agency or by a county adoption
12agency, may file with the court a report containing his or her
13recommendation for disposition. The court shall consider the report
14and recommendation filed pursuant to this subdivision prior to
15determining any disposition.

16(e) (1) At the review hearing held six months after the initial
17dispositional hearing, but no later than 12 months after the date
18the child entered foster care as determined in Section 361.49,
19whichever occurs earlier, after considering the admissible and
20relevant evidence, the court shall order the return of the child to
21the physical custody of his or her parent or legal guardian unless
22the court finds, by a preponderance of the evidence, that the return
23of the child to his or her parent or legal guardian would create a
24substantial risk of detriment to the safety, protection, or physical
25or emotional well-being of the child. The social worker shall have
26the burden of establishing that detriment. At the hearing, the court
27shall consider the criminal history, obtained pursuant to paragraph
28(1) of subdivision (f) of Section 16504.5, of the parent or legal
29guardian subsequent to the child’s removal to the extent that the
30criminal record is substantially related to the welfare of the child
31or the parent’s or guardian’s ability to exercise custody and control
32regarding his or her child, provided the parent or legal guardian
33agreed to submit fingerprint images to obtain criminal history
34information as part of the case plan. The court shall also consider
35whether the child can be returned to the custody of his or her parent
36who is enrolled in a certified substance abuse treatment facility
37that allows a dependent child to reside with his or her parent. The
38fact that the parent is enrolled in a certified substance abuse
39treatment facility shall not be, for that reason alone, prima facie
40evidence of detriment. The failure of the parent or legal guardian
P23   1to participate regularly and make substantive progress in
2court-ordered treatment programs shall be prima facie evidence
3that return would be detrimental. In making its determination, the
4court shall review and consider the social worker’s report and
5recommendations and the report and recommendations of any child
6advocate appointed pursuant to Section 356.5; and shall consider
7the efforts or progress, or both, demonstrated by the parent or legal
8guardian and the extent to which he or she availed himself or
9herself of services provided, taking into account the particular
10barriers to a minor parent or a nonminor dependent parent, or an
11incarcerated, institutionalized, detained, or deported parent’s or
12legal guardian’s access to those court-mandated services and ability
13to maintain contact with his or her child.

14(2) Regardless of whether the child is returned to a parent or
15legal guardian, the court shall specify the factual basis for its
16conclusion that the return would be detrimental or would not be
17detrimental. The court also shall make appropriate findings
18pursuant to subdivision (a) of Section 366; and, where relevant,
19shall order any additional services reasonably believed to facilitate
20the return of the child to the custody of his or her parent or legal
21guardian. The court shall also inform the parent or legal guardian
22that if the child cannot be returned home by the 12-month
23permanency hearing, a proceeding pursuant to Section 366.26 may
24be instituted. This section does not apply in a case where, pursuant
25to Section 361.5, the court has ordered that reunification services
26shall not be provided.

27(3) If the child was under three years of age on the date of the
28initial removal, or is a member of a sibling group described in
29subparagraph (C) of paragraph (1) of subdivision (a) of Section
30361.5, and the court finds by clear and convincing evidence that
31the parent failed to participate regularly and make substantive
32progress in a court-ordered treatment plan, the court may schedule
33a hearing pursuant to Section 366.26 within 120 days. If, however,
34the court finds there is a substantial probability that the child, who
35was under three years of age on the date of initial removal or is a
36member of a sibling group described in subparagraph (C) of
37paragraph (1) of subdivision (a) of Section 361.5, may be returned
38to his or her parent or legal guardian within six months or that
39reasonable services have not been provided, the court shall continue
40the case to the 12-month permanency hearing.

P24   1(4) For the purpose of placing and maintaining a sibling group
2together in a permanent home, the court, in making its
3determination to schedule a hearing pursuant to Section 366.26
4for some or all members of a sibling group, as described in
5subparagraph (C) of paragraph (1) of subdivision (a) of Section
6361.5, shall review and consider the social worker’s report and
7recommendations. Factors the report shall address, and the court
8shall consider, may include, but need not be limited to, whether
9the sibling group was removed from parental care as a group, the
10closeness and strength of the sibling bond, the ages of the siblings,
11the appropriateness of maintaining the sibling group together, the
12detriment to the child if sibling ties are not maintained, the
13likelihood of finding a permanent home for the sibling group,
14whether the sibling group is currently placed together in a
15preadoptive home or has a concurrent plan goal of legal
16permanency in the same home, the wishes of each child whose
17age and physical and emotional condition permits a meaningful
18response, and the best interests of each child in the sibling group.
19The court shall specify the factual basis for its finding that it is in
20the best interests of each child to schedule a hearing pursuant to
21Section 366.26 within 120 days for some or all of the members of
22the sibling group.

23(5) If the child was removed initially under subdivision (g) of
24Section 300 and the court finds by clear and convincing evidence
25that the whereabouts of the parent are still unknown, or the parent
26has failed to contact and visit the child, the court may schedule a
27hearing pursuant to Section 366.26 within 120 days. The court
28shall take into account any particular barriers to a parent’s ability
29to maintain contact with his or her child due to the parent’s
30incarceration, institutionalization, detention by the United States
31Department of Homeland Security, or deportation. If the court
32finds by clear and convincing evidence that the parent has been
33convicted of a felony indicating parental unfitness, the court may
34schedule a hearing pursuant to Section 366.26 within 120 days.

35(6) If the child had been placed under court supervision with a
36previously noncustodial parent pursuant to Section 361.2, the court
37shall determine whether supervision is still necessary. The court
38may terminate supervision and transfer permanent custody to that
39parent, as provided for by paragraph (1) of subdivision (b) of
40Section 361.2.

P25   1(7) In all other cases, the court shall direct that any reunification
2services previously ordered shall continue to be offered to the
3parent or legal guardian pursuant to the time periods set forth in
4subdivision (a) of Section 361.5, provided that the court may
5modify the terms and conditions of those services.

6(8) If the child is not returned to his or her parent or legal
7guardian, the court shall determine whether reasonable services
8that were designed to aid the parent or legal guardian in
9overcoming the problems that led to the initial removal and the
10continued custody of the child have been provided or offered to
11the parent or legal guardian. The court shall order that those
12services be initiated, continued, or terminated.

13(f) (1) The permanency hearing shall be held no later than 12
14months after the date the child entered foster care, as that date is
15determined pursuant to Section 361.49. At the permanency hearing,
16the court shall determine the permanent plan for the child, which
17shall include a determination of whether the child will be returned
18to the child’s home and, if so, when, within the time limits of
19subdivision (a) of Section 361.5. After considering the relevant
20and admissible evidence, the court shall order the return of the
21child to the physical custody of his or her parent or legal guardian
22unless the court finds, by a preponderance of the evidence, that
23the return of the child to his or her parent or legal guardian would
24create a substantial risk of detriment to the safety, protection, or
25physical or emotional well-being of the child. The social worker
26shall have the burden of establishing that detriment.

27(A) At the permanency hearing, the court shall consider the
28criminal history, obtained pursuant to paragraph (1) of subdivision
29(f) of Section 16504.5, of the parent or legal guardian subsequent
30to the child’s removal to the extent that the criminal record is
31substantially related to the welfare of the child or the parent’s or
32legal guardian’s ability to exercise custody and control regarding
33his or her child, provided that the parent or legal guardian agreed
34to submit fingerprint images to obtain criminal history information
35as part of the case plan. The court shall also determine whether
36reasonable services that were designed to aid the parent or legal
37guardian to overcome the problems that led to the initial removal
38and continued custody of the child have been provided or offered
39to the parent or legal guardian.

P26   1(B) The court shall also consider whether the child can be
2returned to the custody of his or her parent who is enrolled in a
3certified substance abuse treatment facility that allows a dependent
4child to reside with his or her parent. The fact that the parent is
5enrolled in a certified substance abuse treatment facility shall not
6be, for that reason alone, prima facie evidence of detriment. The
7failure of the parent or legal guardian to participate regularly and
8make substantive progress in court-ordered treatment programs
9shall be prima facie evidence that return would be detrimental.

10(C) In making its determination, the court shall review and
11consider the social worker’s report and recommendations and the
12report and recommendations of any child advocate appointed
13pursuant to Section 356.5, shall consider the efforts or progress,
14or both, demonstrated by the parent or legal guardian and the extent
15to which he or she availed himself or herself of services provided,
16taking into account the particular barriers to a minor parent or a
17nonminor dependent parent, or an incarcerated, institutionalized,
18detained, or deported parent’s or legal guardian’s access to those
19court-mandated services and ability to maintain contact with his
20or her child, and shall make appropriate findings pursuant to
21subdivision (a) of Section 366.

22(D) For each youth 16 years of age and older, the court shall
23also determine whether services have been made available to assist
24him or her in making the transition from foster care to successful
25adulthood.

26(2) Regardless of whether the child is returned to his or her
27parent or legal guardian, the court shall specify the factual basis
28for its decision. If the child is not returned to a parent or legal
29guardian, the court shall specify the factual basis for its conclusion
30that the return would be detrimental. The court also shall make a
31finding pursuant to subdivision (a) of Section 366. If the child is
32not returned to his or her parent or legal guardian, the court shall
33consider, and state for the record, in-state and out-of-state
34placement options. If the child is placed out of the state, the court
35shall make a determination whether the out-of-state placement
36continues to be appropriate and in the best interests of the child.

37(g) If the time period in which the court-ordered services were
38provided has met or exceeded the time period set forth in
39subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a)
40of Section 361.5, as appropriate, and a child is not returned to the
P27   1custody of a parent or legal guardian at the permanency hearing
2held pursuant to subdivision (f), the court shall do one of the
3following:

4(1) Continue the case for up to six months for a permanency
5review hearing, provided that the hearing shall occur within 18
6months of the date the child was originally taken from the physical
7custody of his or her parent or legal guardian. The court shall
8continue the case only if it finds that there is a substantial
9probability that the child will be returned to the physical custody
10of his or her parent or legal guardian and safely maintained in the
11home within the extended period of time or that reasonable services
12have not been provided to the parent or legal guardian. For the
13purposes of this section, in order to find a substantial probability
14that the child will be returned to the physical custody of his or her
15parent or legal guardian and safely maintained in the home within
16the extended period of time, the court shall be required to find all
17of the following:

18(A) That the parent or legal guardian has consistently and
19regularly contacted and visited with the child.

20(B) That the parent or legal guardian has made significant
21progress in resolving problems that led to the child’s removal from
22the home.

23(C) The parent or legal guardian has demonstrated the capacity
24and ability both to complete the objectives of his or her treatment
25plan and to provide for the child’s safety, protection, physical and
26emotional well-being, and special needs.

begin delete

27For

end delete

28(i) For purposes of this subdivision, the court’s decision to
29continue the case based on a finding or substantial probability that
30the child will be returned to the physical custody of his or her
31parent or legal guardian is a compelling reason for determining
32that a hearing held pursuant to Section 366.26 is not in the best
33interests of the child.

34(ii) The court shall inform the parent or legal guardian that if
35the child cannot be returned home by the next permanency review
36hearing, a proceeding pursuant to Section 366.26 may be instituted.
37The court shall not order that a hearing pursuant to Section 366.26
38be held unless there is clear and convincing evidence that
39reasonable services have been provided or offered to the parent or
40legal guardian.

P28   1(2) Continue the case for up to six months for a permanency
2review hearing, provided that the hearing shall occur within 18
3months of the date the child was originally taken from the physical
4custody of his or her parent or legal guardian, if the parent has
5been arrested and issued an immigration hold, detained by the
6United States Department of Homeland Security, or deported to
7his or her country of origin, and the court determines either that
8there is a substantial probability that the child will be returned to
9the physical custody of his or her parent or legal guardian and
10safely maintained in the home within the extended period of time
11or that reasonable services have not been provided to the parent
12or legal guardian.

13(3) For purposes of paragraph (2), in order to find a substantial
14probability that the child will be returned to the physical custody
15of his or her parent or legal guardian and safely maintained in the
16home within the extended period of time, the court shall find all
17of the following:

18(A) The parent or legal guardian has consistently and regularly
19contacted and visited with the child, taking into account any
20particular barriers to a parent’s ability to maintain contact with his
21or her child due to the parent’s arrest and receipt of an immigration
22hold, detention by the United States Department of Homeland
23Security, or deportation.

24(B) The parent or legal guardian has made significant progress
25in resolving the problems that led to the child’s removal from the
26home.

27(C) The parent or legal guardian has demonstrated the capacity
28or ability both to complete the objectives of his or her treatment
29plan and to provide for the child’s safety, protection, physical and
30emotional well-being, and special needs.

31(4) Order that a hearing be held within 120 days, pursuant to
32Section 366.26, but only if the court does not continue the case to
33the permanency planning review hearing and there is clear and
34convincing evidence that reasonable services have been provided
35or offered to the parents or legal guardians. On and after January
361, 2012, a hearing pursuant to Section 366.26 shall not be ordered
37if the child is a nonminor dependent, unless the nonminor
38dependent is an Indian child and tribal customary adoption is
39recommended as the permanent plan.

P29   1(5) Order that the child remain in fosterbegin delete care,end deletebegin insert care with one of
2the permanent plans listed in subparagraph (A),end insert
but only if the
3court finds by clear and convincing evidence, based upon the
4evidence already presented to it, including a recommendation by
5 the State Department of Social Services when it is acting as an
6adoption agency or by a county adoption agency, that there is a
7compelling reason for determining that a hearing held pursuant to
8Section 366.26 is not in the best interests of the child because the
9child is notbegin insert currentlyend insert a proper subject for adoption and has no one
10willing to accept legal guardianship as of the hearing date. For
11purposes of this section, a recommendation by the State Department
12of Social Services when it is acting as an adoption agency or by a
13county adoption agency that adoption is notbegin insert currentlyend insert in the best
14interests of the child shall constitute a compelling reason for the
15court’s determination. That recommendation shall be based on the
16present circumstances of the child and shall not preclude a different
17 recommendation at a later date if the child’s circumstances change.
18On and after January 1, 2012, the nonminor dependent’s legal
19status as an adult is in and of itself a compelling reason not to hold
20a hearing pursuant to Section 366.26. The court may order that a
21nonminor dependent who otherwise is eligible pursuant to Section
2211403 remain in a planned, permanent living arrangement.

23(A) The court shall make factual findings identifying any
24barriers to achieving the permanent plan as of the hearing date.
25When the child is under 16 years of age, the court shall order a
26permanent plan of return home, adoption, tribal customary adoption
27in the case of an Indian child, legal guardianship, or placement
28with a fit and willing relative, as appropriate.begin insert If the court
29determines that it will not order a hearing pursuant to Section
30366.26, and the child is not currently placed with a fit and willing
31relative, the court shall order the provision of child-centered
32specialized permanency services, as defined in Section 11400.end insert

33 When the child is 16 years of age or older, or is a nonminor
34dependent, and no other permanent plan is appropriate at the time
35of the hearing, the court may order another planned permanent
36living arrangement, as described in paragraph (2) of subdivision
37(i) of Sectionbegin delete 16501.end deletebegin insert 16501, and order that the appropriateness
38of the child’s continuation in another planned permanent living
39arrangement be assessed at the next review hearing held pursuant
40to Section 366. If the court orders another planned permanent
P30   1living arrangement for a child 16 years of age or older, the court
2shall order the provision of child-centered specialized permanency
3services, as defined in Section 11400. If the court orders another
4planned permanent living arrangement for a nonminor dependent,
5the court may order the same services for the nonminor dependent.end insert

6(B) If the court orders that a child who is 10 years of age or
7older remain in foster care, the court shall determine whether the
8agency has made reasonable efforts to maintain the child’s
9relationships with individuals other than the child’s siblings who
10are important to the child, consistent with the child’s best interests,
11and may make any appropriate order to ensure that those
12relationships are maintained.

13(C) If the child is not returned to his or her parent or legal
14guardian, the court shall consider, and state for the record, in-state
15and out-of-state options for permanent placement. If the child is
16placed out of the state, the court shall make a determination
17whether the out-of-state placement continues to be appropriate and
18in the best interests of the child.

19(h) In any case in which the court orders that a hearing pursuant
20to Section 366.26 shall be held, it shall also order the termination
21of reunification services to the parent or legal guardian. The court
22shall continue to permit the parent or legal guardian to visit the
23child pending the hearing unless it finds that visitation would be
24detrimental to the child. The court shall make any other appropriate
25orders to enable the child to maintain relationships with individuals,
26other than the child’s siblings, who are important to the child,
27consistent with the child’s best interests. When the court orders a
28termination of reunification services to the parent or legal guardian,
29it shall also order that the child’s caregiver receive the child’s birth
30certificate in accordance with Sections 16010.4 and 16010.5.
31Additionally, when the court orders a termination of reunification
32services to the parent or legal guardian, it shall order, when
33appropriate, that a child who is 16 years of age or older receive
34his or her birth certificate.

35(i) (1) Whenever a court orders that a hearing pursuant to
36Section 366.26, including, when, in consultation with the child’s
37tribe, tribal customary adoption is recommended, shall be held, it
38shall direct the agency supervising the child and the county
39adoption agency, or the State Department of Social Services when
P31   1it is acting as an adoption agency, to prepare an assessment that
2shall include:

3(A) Current search efforts for an absent parent or parents or
4legal guardians.

5(B) A review of the amount of and nature of any contact between
6the child and his or her parents or legal guardians and other
7members of his or her extended family since the time of placement.
8Although the extended family of each child shall be reviewed on
9a case-by-case basis, “extended family” for the purpose of this
10subparagraph shall include, but not be limited to, the child’s
11siblings, grandparents, aunts, and uncles.

12(C) An evaluation of the child’s medical, developmental,
13scholastic, mental, and emotional status.

14(D) A preliminary assessment of the eligibility and commitment
15of any identified prospective adoptive parent or legal guardian,
16including the prospective tribal customary adoptive parent,
17particularly the caretaker, to include a social history including
18screening for criminal records and prior referrals for child abuse
19or neglect, the capability to meet the child’s needs, and the
20understanding of the legal and financial rights and responsibilities
21of adoption and guardianship. If a proposed guardian is a relative
22of the minor, the assessment shall also consider, but need not be
23limited to, all of the factors specified in subdivision (a) of Section
24361.3 and in Section 361.4.

25(E) The relationship of the child to any identified prospective
26adoptive parent or legal guardian, the duration and character of
27the relationship, the degree of attachment of the child to the
28prospective relative guardian or adoptive parent, the relative’s or
29adoptive parent’s strong commitment to caring permanently for
30the child, the motivation for seeking adoption or guardianship, a
31statement from the child concerning placement and the adoption
32or guardianship, and whether the child, if over 12 years of age,
33has 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) A description of efforts to be made to identify a prospective
38adoptive parent or legal guardian, including, but not limited to,
39child-specific recruitment and listing on an adoption exchange
40within the state or out of the state.

P32   1(G) An analysis of the likelihood that the child will be adopted
2if parental rights are terminated.

3(H) In the case of an Indian child, in addition to subparagraphs
4(A) to (G), inclusive, an assessment of the likelihood that the child
5will be adopted, when, in consultation with the child’s tribe, a
6tribal customary adoption, as defined in Section 366.24, is
7recommended. If tribal customary adoption is recommended, the
8assessment shall include an analysis of both of the following:

9(i) Whether tribal customary adoption would or would not be
10detrimental to the Indian child and the reasons for reaching that
11conclusion.

12(ii) Whether the Indian child cannot or should not be returned
13to the home of the Indian parent or Indian custodian and the reasons
14for reaching that conclusion.

15(2) (A) A relative caregiver’s preference for legal guardianship
16over adoption, if it is due to circumstances that do not include an
17unwillingness to accept legal or financial responsibility for the
18child, shall not constitute the sole basis for recommending removal
19of the child from the relative caregiver for purposes of adoptive
20placement.

21(B) Regardless of his or her immigration status, a relative
22caregiver shall be given information regarding the permanency
23options of guardianship and adoption, including the long-term
24benefits and consequences of each option, prior to establishing
25legal guardianship or pursuing adoption. If the proposed permanent
26plan is guardianship with an approved relative caregiver for a
27minor eligible for aid under the Kin-GAP Program, as provided
28for in Article 4.7 (commencing with Section 11385) of Chapter 2
29of Part 3 of Division 9, the relative caregiver shall be informed
30about the terms and conditions of the negotiated agreement
31pursuant to Section 11387 and shall agree to its execution prior to
32the hearing held pursuant to Section 366.26. A copy of the executed
33negotiated agreement shall be attached to the assessment.

34(j) If, at any hearing held pursuant to Section 366.26, a
35guardianship is established for the minor with an approved relative
36caregiver, and juvenile court dependency is subsequently
37dismissed, the minor shall be eligible for aid under the Kin-GAP
38Program, as provided for in Article 4.5 (commencing with Section
3911360) or Article 4.7 (commencing with Section 11385), as
40applicable, of Chapter 2 of Part 3 of Division 9.

P33   1(k) As used in this section, “relative” means an adult who is
2related to the minor by blood, adoption, or affinity within the fifth
3degree of kinship, including stepparents, stepsiblings, and all
4relatives whose status is preceded by the words “great,”
5“great-great,” or “grand,” or the spouse of any of those persons
6even if the marriage was terminated by death or dissolution. If the
7proposed permanent plan is guardianship with an approved relative
8caregiver for a minor eligible for aid under the Kin-GAP Program,
9as provided for in Article 4.7 (commencing with Section 11385)
10of Chapter 2 of Part 3 of Division 9, “relative” as used in this
11section has the same meaning as “relative” as defined in
12subdivision (c) of Section 11391.

13(l) For purposes of this section, evidence of any of the following
14 circumstances shall not, in and of itself, be deemed a failure to
15provide or offer reasonable services:

16(1) The child has been placed with a foster family that is eligible
17to adopt a child, or has been placed in a preadoptive home.

18(2) The case plan includes services to make and finalize a
19permanent placement for the child if efforts to reunify fail.

20(3) Services to make and finalize a permanent placement for
21the child, if efforts to reunify fail, are provided concurrently with
22services to reunify the family.

23

SEC. 5.  

Section 366.22 of the Welfare and Institutions Code
24 is amended to read:

25

366.22.  

(a) (1) When a case has been continued pursuant to
26paragraph (1) or (2) of subdivision (g) of Section 366.21, the
27permanency review hearing shall occur within 18 months after the
28date the child was originally removed from the physical custody
29of his or her parent or legal guardian. After considering the
30admissible and relevant evidence, the court shall order the return
31of the child to the physical custody of his or her parent or legal
32guardian unless the court finds, by a preponderance of the evidence,
33that the return of the child to his or her parent or legal guardian
34would create a substantial risk of detriment to the safety, protection,
35or physical or emotional well-being of the child. The social worker
36shall have the burden of establishing that detriment. At the
37permanency review hearing, the court shall consider the criminal
38history, obtained pursuant to paragraph (1) of subdivision (f) of
39Section 16504.5, of the parent or legal guardian subsequent to the
40child’s removal, to the extent that the criminal record is
P34   1substantially related to the welfare of the child or the parent’s or
2legal guardian’s ability to exercise custody and control regarding
3his or her child, provided that the parent or legal guardian agreed
4to submit fingerprint images to obtain criminal history information
5as part of the case plan. The court shall also consider whether the
6child can be returned to the custody of his or her parent who is
7enrolled in a certified substance abuse treatment facility that allows
8a dependent child to reside with his or her parent. The fact that the
9parent is enrolled in a certified substance abuse treatment facility
10shall not be, for that reason alone, prima facie evidence of
11detriment. The failure of the parent or legal guardian to participate
12regularly and make substantive progress in court-ordered treatment
13programs shall be prima facie evidence that return would be
14detrimental. In making its determination, the court shall review
15and consider the social worker’s report and recommendations and
16the report and recommendations of any child advocate appointed
17pursuant to Section 356.5; shall consider the efforts or progress,
18or both, demonstrated by the parent or legal guardian and the extent
19to which he or she availed himself or herself of services provided,
20taking into account the particular barriers of a minor parent or a
21nonminor dependent parent, or an incarcerated or institutionalized
22parent’s or legal guardian’s access to those court-mandated services
23and ability to maintain contact with his or her child; and shall make
24appropriate findings pursuant to subdivision (a) of Section 366.

25(2) Whether or not the child is returned to his or her parent or
26legal guardian, the court shall specify the factual basis for its
27decision. If the child is not returned to a parent or legal guardian,
28the court shall specify the factual basis for its conclusion that return
29would be detrimental. If the child is not returned to his or her parent
30or legal guardian, the court shall consider, and state for the record,
31in-state and out-of-state options for the child’s permanent
32placement. If the child is placed out of the state, the court shall
33make a determination whether the out-of-state placement continues
34to be appropriate and in the best interests of the child.

35(3) Unless the conditions in subdivision (b) are met and the
36child is not returned to a parent or legal guardian at the permanency
37review hearing, the court shall order that a hearing be held pursuant
38to Section 366.26 in order to determine whether adoption, or, in
39the case of an Indian child, in consultation with the child’s tribe,
40tribal customary adoption, guardianship, or continued placement
P35   1in foster care is the most appropriate plan for the child. On and
2after January 1, 2012, a hearing pursuant to Section 366.26 shall
3not be ordered if the child is a nonminor dependent, unless the
4nonminor dependent is an Indian child, and tribal customary
5adoption is recommended as the permanent plan. However, if the
6court finds by clear and convincing evidence, based on the evidence
7already presented to it, including a recommendation by the State
8Department of Social Services when it is acting as an adoption
9agency or by a county adoption agency, that there is a compelling
10reason, as described in paragraph (5) of subdivision (g) of Section
11366.21, for determining that a hearing held under Section 366.26
12is not in the best interests of the child because the child isbegin insert currentlyend insert
13 not a proper subject for adoption and has no one willing to accept
14legal guardianship as of the hearing date, the court may, only under
15these circumstances, order that the child remain in foster care with
16a permanent plan of return home, adoption, tribal customary
17adoption in the case of an Indian child, legal guardianship, or
18placement with a fit and willing relative, as appropriate.begin insert If the
19court determines it will not order a hearing pursuant to Section
20366.26, and the child is not currently placed with a fit and willing
21relative, the court shall order the provision of child-centered
22specialized permanency services, as defined in Section 11400.end insert
If
23the child is 16 years of age or older or is a nonminor dependent,
24and no other permanent plan is appropriate at the time of the
25hearing, the court may order another planned permanent living
26arrangement, as described in paragraph (2) of subdivision (i) of
27Sectionbegin delete 16501.end deletebegin insert 16501, and order that the appropriateness of the
28child’s continuation in another planned permanent living
29arrangement be assessed at the next review hearing held pursuant
30to Section 366.3. If the court orders another planned permanent
31living arrangement for a child 16 years of age or older, the court
32shall order the provision of child-centered specialized permanency
33services, as defined in Section 11400.end insert
The court shall make factual
34findings identifying any barriers to achieving the permanent plan
35as of the hearing date. On and after January 1, 2012, the nonminor
36dependent’s legal status as an adult is in and of itself a compelling
37reason not to hold a hearing pursuant to Section 366.26. The court
38may order that a nonminor dependent who otherwise is eligible
39pursuant to Section 11403 remain in a planned, permanent living
40begin delete arrangement.end deletebegin insert arrangement and may order the provision of
P36   1child-centered specialized permanency services, as defined in
2Section 11400.end insert
If the court orders that a child who is 10 years of
3age or older remain in foster care, the court shall determine whether
4the agency has made reasonable efforts to maintain the child’s
5relationships with individuals other than the child’s siblings who
6are important to the child, consistent with the child’s best interests,
7and may make any appropriate order to ensure that those
8relationships are maintained. The hearing shall be held no later
9than 120 days from the date of the permanency review hearing.
10The court shall also order termination of reunification services to
11the parent or legal guardian. The court shall continue to permit the
12parent or legal guardian to visit the child unless it finds that
13visitation would be detrimental to the child. The court shall
14determine whether reasonable services have been offered or
15provided to the parent or legal guardian. For purposes of this
16subdivision, evidence of any of the following circumstances shall
17not, in and of themselves, be deemed a failure to provide or offer
18reasonable services:

19(A) The child has been placed with a foster family that is eligible
20to adopt a child, or has been placed in a preadoptive home.

21(B) The case plan includes services to make and finalize a
22permanent placement for the child if efforts to reunify fail.

23(C) Services to make and finalize a permanent placement for
24the child, if efforts to reunify fail, are provided concurrently with
25services to reunify the family.

26(b) If the child is not returned to a parent or legal guardian at
27the permanency review hearing and the court determines by clear
28and convincing evidence that the best interests of the child would
29be met by the provision of additional reunification services to a
30parent or legal guardian who is making significant and consistent
31progress in a court-ordered residential substance abuse treatment
32program, a parent who was either a minor parent or a nonminor
33dependent parent at the time of the initial hearing making
34significant and consistent progress in establishing a safe home for
35the child’s return, or a parent recently discharged from
36incarceration, institutionalization, or the custody of the United
37States Department of Homeland Security and making significant
38and consistent progress in establishing a safe home for the child’s
39return, the court may continue the case for up to six months for a
40subsequent permanency review hearing, provided that the hearing
P37   1shall occur within 24 months of the date the child was originally
2taken from the physical custody of his or her parent or legal
3guardian. The court shall continue the case only if it finds that
4there is a substantial probability that the child will be returned to
5the physical custody of his or her parent or legal guardian and
6safely maintained in the home within the extended period of time
7or that reasonable services have not been provided to the parent
8or legal guardian. For the purposes of this section, in order to find
9a substantial probability that the child will be returned to the
10physical custody of his or her parent or legal guardian and safely
11maintained in the home within the extended period of time, the
12court shall be required to find all of the following:

13(1) That the parent or legal guardian has consistently and
14regularly contacted and visited with the child.

15(2) That the parent or legal guardian has made significant and
16consistent progress in the prior 18 months in resolving problems
17that led to the child’s removal from the home.

18(3) The parent or legal guardian has demonstrated the capacity
19and ability both to complete the objectives of his or her substance
20abuse treatment plan as evidenced by reports from a substance
21abuse provider as applicable, or complete a treatment plan
22postdischarge from incarceration, institutionalization, or detention,
23or following deportation to his or her country of origin and his or
24her return to the United States, and to provide for the child’s safety,
25protection, physical and emotional well-being, and special needs.

26For purposes of this subdivision, the court’s decision to continue
27the case based on a finding or substantial probability that the child
28will be returned to the physical custody of his or her parent or legal
29guardian is a compelling reason for determining that a hearing
30held pursuant to Section 366.26 is not in the best interests of the
31child.

32The court shall inform the parent or legal guardian that if the
33child cannot be returned home by the subsequent permanency
34review hearing, a proceeding pursuant to Section 366.26 may be
35instituted. The court shall not order that a hearing pursuant to
36Section 366.26 be held unless there is clear and convincing
37evidence that reasonable services have been provided or offered
38to the parent or legal guardian.

39(c) (1) Whenever a court orders that a hearing pursuant to
40Section 366.26, including when a tribal customary adoption is
P38   1recommended, shall be held, it shall direct the agency supervising
2the child and the county adoption agency, or the State Department
3of Social Services when it is acting as an adoption agency, to
4prepare an assessment that shall include:

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

6(B) A review of the amount of and nature of any contact between
7the child and his or her parents and other members of his or her
8extended family since the time of placement. Although the
9extended family of each child shall be reviewed on a case-by-case
10basis, “extended family” for the purposes of this subparagraph
11shall include, but not be limited to, the child’s siblings,
12grandparents, aunts, and uncles.

13(C) An evaluation of the child’s medical, developmental,
14scholastic, mental, and emotional status.

15(D)  A preliminary assessment of the eligibility and commitment
16of any identified prospective adoptive parent or legal guardian,
17particularly the caretaker, to include a social history including
18screening for criminal records and prior referrals for child abuse
19or neglect, the capability to meet the child’s needs, and the
20understanding of the legal and financial rights and responsibilities
21of adoption and guardianship. If a proposed legal guardian is a
22relative of the minor, the assessment shall also consider, but need
23not be limited to, all of the factors specified in subdivision (a) of
24Section 361.3 and Section 361.4.

25(E) The relationship of the child to any identified prospective
26adoptive parent or legal guardian, the duration and character of
27the relationship, the degree of attachment of the child to the
28prospective relative guardian or adoptive parent, the relative’s or
29adoptive parent’s strong commitment to caring permanently for
30the child, the motivation for seeking adoption or legal guardianship,
31a statement 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,begin delete andend deletebegin insert and,end insert
36 if so, 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
P39   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(d) This section shall become operative January 1, 1999. If at
31any hearing held pursuant to Section 366.26, a legal guardianship
32is established for the minor with an approved relative caregiver,
33and juvenile court dependency is subsequently dismissed, the minor
34shall be eligible for aid under the Kin-GAP Program, as provided
35for in Article 4.5 (commencing with Section 11360) or Article 4.7
36(commencing with Section 11385), as applicable, of Chapter 2 of
37Part 3 of Division 9.

38(e) As used in this section, “relative” means an adult who is
39related to the child by blood, adoption, or affinity within the fifth
40degree of kinship, including stepparents, stepsiblings, and all
P40   1relatives whose status is preceded by the words “great,”
2“great-great,” or “grand,” or the spouse of any of those persons
3even if the marriage was terminated by death or dissolution. If the
4proposed permanent plan is guardianship with an approved relative
5caregiver for a minor eligible for aid under the Kin-GAP Program,
6as provided for in Article 4.7 (commencing with Section 11385)
7of Chapter 2 of Part 3 of Division 9, “relative” as used in this
8section has the same meaning as “relative” as defined in
9subdivision (c) of Section 11391.

10

SEC. 6.  

Section 366.25 of the Welfare and Institutions Code
11 is amended to read:

12

366.25.  

(a) (1) 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
40 shall be prima facie evidence that return would be detrimental. In
P41   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, or, in the case of a child
2416 years of age or older when no other permanent plan isbegin insert currentlyend insert
25 appropriate, another planned permanent living arrangement is the
26most appropriate plan for the child. On and after January 1, 2012,
27a hearing pursuant to Section 366.26 shall not be ordered if the
28child is a nonminor dependent, unless the nonminor dependent is
29an Indian child and tribal customary adoption is recommended as
30the permanent plan. However, if the court finds by clear and
31convincing evidence, based on the evidence already presented to
32it, including a recommendation by the State Department of Social
33Services when it is acting as an adoption agency or by a county
34adoption agency, that there is a compelling reason, as described
35in paragraph (5) of subdivision (g) of Section 366.21, for
36determining that a hearing held under Section 366.26 is not in the
37best interest of the child because the child is notbegin insert currentlyend insert a proper
38subject for adoption or, in the case of an Indian child, tribal
39customary adoption, and has no one willing to accept legal
40guardianship as of the hearing date, then the court may, only under
P42   1these circumstances, order that the child remain in foster care with
2a permanent plan of return home, adoption, tribal customary
3adoption in the case of an Indian child, legal guardianship, or
4placement with a fit and willing relative, as appropriate.begin insert If the
5court determines it will not order a hearing pursuant to Section
6366.26, and the child is not currently placed with a fit and willing
7relative, the court shall order the provision of child-centered
8specialized permanency services, as defined in Section 11400.end insert
If
9the child is 16 years of age or older or is a nonminor dependent,
10and no other permanent plan is appropriate at the time of the
11hearing, the court may order another planned permanent living
12arrangement, as described in paragraph (2) of subdivision (i) of
13Sectionbegin delete 16501.end deletebegin insert 16501, and order that the appropriateness of the
14 child’s continuation in another planned permanent living
15arrangement be assessed at the next review hearing held pursuant
16to Section 366. If the court orders another planned permanent
17living arrangement for a child 16 years of age or older, the court
18shall order the provision of child-centered specialized permanency
19services, as defined in Section 11400, and that the appropriateness
20of the child’s continuation in another planned permanent living
21arrangement be assessed at the next review hearing held pursuant
22to Section 366.3. If the court orders another planned permanent
23living arrangement for a nonminor dependent, the court may order
24the same services for the nonminor dependent.end insert
The court shall
25make factual findings identifying any barriers to achieving the
26permanent plan as of the hearing date. On and after January 1,
272012, the nonminor dependent’s legal status as an adult is in and
28of itself a compelling reason not to hold a hearing pursuant to
29Section 366.26. The court may order that a nonminor dependent
30who otherwise is eligible pursuant to Section 11403 remain in a
31planned, permanent living arrangement. If the court orders that a
32child who is 10 years of age or older remain in foster care, the
33court shall determine whether the agency has made reasonable
34efforts to maintain the child’s relationships with individuals other
35than the child’s siblings who are important to the child, consistent
36with the child’s best interests, and may make any appropriate order
37to ensure that those relationships are maintained. The hearing shall
38be held no later than 120 days from the date of the subsequent
39permanency review hearing. The court shall also order termination
40of reunification services to the parent or legal guardian. The court
P42   1shall continue to permit the parent or legal guardian to visit the
2child unless it finds that visitation would be detrimental to the
3child. The court shall determine whether reasonable services have
4been offered or provided to the parent or legal guardian. For
5 purposes of this paragraph, evidence of any of the following
6circumstances shall not, in and of themselves, be deemed a failure
7to provide or offer reasonable services:

8(A) The child has been placed with a foster family that is eligible
9to adopt a child, or has been placed in a preadoptive home.

10(B) The case plan includes services to make and finalize a
11permanent placement for the child if efforts to reunify fail.

12(C) Services to make and finalize a permanent placement for
13the child, if efforts to reunify fail, are provided concurrently with
14services to reunify the family.

15(b) (1) Whenever a court orders that a hearing pursuant to
16Section 366.26 shall be held, it shall direct the agency supervising
17the child and the county adoption agency, or the State Department
18of Social Services when it is acting as an adoption agency, to
19prepare an assessment that shall include:

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

21(B) A review of the amount of, and nature of, any contact
22between the child and his or her parents and other members of his
23or her extended family since the time of placement. Although the
24extended family of each child shall be reviewed on a case-by-case
25basis, “extended family” for the purposes of this paragraph shall
26include, but not be limited to, the child’s siblings, grandparents,
27aunts, and uncles.

28(C) An evaluation of the child’s medical, developmental,
29scholastic, mental, and emotional status.

30(D) A preliminary assessment of the eligibility and commitment
31of any identified prospective adoptive parent or legal guardian,
32including a prospective tribal customary adoptive parent,
33particularly the caretaker, to include a social history including
34screening for criminal records and prior referrals for child abuse
35or neglect, the capability to meet the child’s needs, and the
36understanding of the legal and financial rights and responsibilities
37of adoption and guardianship. If a proposed legal guardian is a
38relative of the minor, the assessment shall also consider, but need
39not be limited to, all of the factors specified in subdivision (a) of
40Section 361.3 and in Section 361.4.

P44   1(E) The relationship of the child to any identified prospective
2adoptive parent or legal guardian, including a prospective tribal
3customary adoptive parent, the duration and character of the
4relationship, the degree of attachment of the child to the prospective
5relative guardian or adoptive parent, the relative’s or adoptive
6parent’s strong commitment to caring permanently for the child,
7the motivation for seeking adoption or legal guardianship, a
8statement from the child concerning placement and the adoption
9or legal guardianship, and whether the child, if over 12 years of
10age, has been consulted about the proposed relative guardianship
11arrangements, unless the child’s age or physical, emotional, or
12other condition precludes his or her meaningful response,begin delete andend deletebegin insert and,end insert
13 if so, a description of the condition.

14(F) An analysis of the likelihood that the child will be adopted
15if parental rights are terminated.

16(G) In the case of an Indian child, in addition to subparagraphs
17(A) to (F), inclusive, an assessment of the likelihood that the child
18will be adopted, when, in consultation with the child’s tribe, a
19tribal customary adoption, as defined in Section 366.24, is
20recommended. If tribal customary adoption is recommended, the
21assessment shall include an analysis of both of the following:

22(i) Whether tribal customary adoption would or would not be
23detrimental to the Indian child and the reasons for reaching that
24conclusion.

25(ii) Whether the Indian child cannot or should not be returned
26to the home of the Indian parent or Indian custodian and the reasons
27for reaching that conclusion.

28(2) (A) A relative caregiver’s preference for legal guardianship
29over adoption, if it is due to circumstances that do not include an
30unwillingness to accept legal or financial responsibility for the
31child, shall not constitute the sole basis for recommending removal
32of the child from the relative caregiver for purposes of adoptive
33placement.

34(B) Regardless of his or her immigration status, a relative
35caregiver shall be given information regarding the permanency
36options of guardianship and adoption, including the long-term
37benefits and consequences of each option, prior to establishing
38legal guardianship or pursuing adoption. If the proposed permanent
39plan is guardianship with an approved relative caregiver for a
40minor eligible for aid under the Kin-GAP Program, as provided
P45   1for in Article 4.7 (commencing with Section 11385) of Chapter 2
2of Part 3 of Division 9, the relative caregiver shall be informed
3about the terms and conditions of the negotiated agreement
4pursuant to Section 11387 and shall agree to its execution prior to
5the hearing held pursuant to Section 366.26. A copy of the executed
6negotiated agreement shall be attached to the assessment.

7(c) If, at any hearing held pursuant to Section 366.26, a
8guardianship is established for the minor with an approved relative
9caregiver, and juvenile court dependency is subsequently
10dismissed, the minor shall be eligible for aid under the Kin-GAP
11Program, as provided for in Article 4.5 (commencing with Section
1211360) or Article 4.7 (commencing with Section 11385), as
13applicable, of Chapter 2 of Part 3 of Division 9.

14(d) As used in this section, “relative” means an adult who is
15 related to the minor by blood, adoption, or affinity within the fifth
16degree of kinship, including stepparents, stepsiblings, and all
17relatives whose status is preceded by the words “great,”
18“great-great,” or “grand,” or the spouse of any of those persons
19even if the marriage was terminated by death or dissolution. If the
20proposed permanent plan is guardianship with an approved relative
21caregiver for a minor eligible for aid under the Kin-GAP Program,
22as provided in Article 4.7 (commencing with Section 11385) of
23Chapter 2 of Part 3 of Division 9, “relative” as used in this section
24has the same meaning as “relative” as defined in subdivision (c)
25of Section 11391.

26

SEC. 7.  

Section 366.26 of the Welfare and Institutions Code
27 is amended to read:

28

366.26.  

(a) This section applies to children who are adjudged
29dependent children of the juvenile court pursuant to subdivision
30(d) of Section 360. The procedures specified herein are the
31exclusive procedures for conducting these hearings; Part 2
32(commencing with Section 3020) of Division 8 of the Family Code
33is not applicable to these proceedings. Section 8616.5 of the Family
34Code is applicable and available to all dependent children meeting
35the requirements of that section, if the postadoption contact
36agreement has been entered into voluntarily. For children who are
37adjudged dependent children of the juvenile court pursuant to
38subdivision (d) of Section 360, this section and Sections 8604,
398605, 8606, and 8700 of the Family Code and Chapter 5
40(commencing with Section 7660) of Part 3 of Division 12 of the
P46   1Family Code specify the exclusive procedures for permanently
2terminating parental rights with regard to, or establishing legal
3guardianship of, the child while the child is a dependent child of
4the juvenile court.

5(b) At the hearing, which shall be held in juvenile court for all
6children who are dependents of the juvenile court, the court, in
7order to provide stable, permanent homes for these children, shall
8review the report as specified in Section 361.5, 366.21, 366.22, or
9366.25, shall indicate that the court has read and considered it,
10shall receive other evidence that the parties may present, and then
11shall make findings and orders in the following order of preference:

12(1) Terminate the rights of the parent or parents and order that
13the child be placed for adoption and, upon the filing of a petition
14for adoption in the juvenile court, order that a hearing be set. The
15court shall proceed with the adoption after the appellate rights of
16the natural parents have been exhausted.

17(2) Order, without termination of parental rights, the plan of
18tribal customary adoption, as described in Section 366.24, through
19tribal custom, traditions, or law of the Indian child’s tribe, and
20upon the court affording the tribal customary adoption order full
21faith and credit at the continued selection and implementation
22hearing, order that a hearing be set pursuant to paragraph (2) of
23subdivision (e).

24(3) Appoint a relative or relatives with whom the child is
25currently residing as legal guardian or guardians for the child, and
26order that letters of guardianship issue.

27(4) On making a finding under paragraph (3) of subdivision (c),
28identify adoption or tribal customary adoption as the permanent
29placement goal and order that efforts be made to locate an
30appropriate adoptive family for the child within a period not to
31exceed 180 days.

32(5) Appoint a nonrelative legal guardian for the child and order
33that letters of guardianship issue.

34(6) Order that the child be permanently placed with a fit and
35willing relative, subject to the periodic review of the juvenile court
36under Section 366.3.

37(7) Order that the child remain in foster care, subject to the
38conditions described in paragraph (4) of subdivision (c) and the
39periodic review of the juvenile court under Section 366.3.

P47   1In choosing among the above alternatives the court shall proceed
2pursuant to subdivision (c).

3(c) (1) If the court determines, based on the assessment provided
4as ordered under subdivision (i) of Section 366.21, subdivision (b)
5of Section 366.22, or subdivision (b) of Section 366.25, and any
6other relevant evidence, by a clear and convincing standard, that
7it is likely the child will be adopted, the court shall terminate
8parental rights and order the child placed for adoption. The fact
9that the child is not yet placed in a preadoptive home nor with a
10relative or foster family who is prepared to adopt the child, shall
11not constitute a basis for the court to conclude that it is not likely
12the child will be adopted. A finding under subdivision (b) or
13paragraph (1) of subdivision (e) of Section 361.5 that reunification
14services shall not be offered, under subdivision (e) of Section
15366.21 that the whereabouts of a parent have been unknown for
16six months or that the parent has failed to visit or contact the child
17for six months, or that the parent has been convicted of a felony
18indicating parental unfitness, or, under Section 366.21 or 366.22,
19that the court has continued to remove the child from the custody
20of the parent or guardian and has terminated reunification services,
21shall constitute a sufficient basis for termination of parental rights.
22Under these circumstances, the court shall terminate parental rights
23unless either of the following applies:

24(A) The child is living with a relative who is unable or unwilling
25to adopt the child because of circumstances that do not include an
26unwillingness to accept legal or financial responsibility for the
27child, but who is willing and capable of providing the child with
28a stable and permanent environment through legal guardianship,
29and the removal of the child from the custody of his or her relative
30would be detrimental to the emotional well-being of the child. For
31purposes of an Indian child, “relative” shall include an “extended
32family member,” as defined in the federal Indian Child Welfare
33Act of 1978 (25 U.S.C. Sec. 1903(2)).

34(B) The court finds a compelling reason for determining that
35termination would be detrimental to the child due to one or more
36of the following circumstances:

37(i) The parents have maintained regular visitation and contact
38with the child and the child would benefit from continuing the
39relationship.

P48   1(ii) A child 12 years of age or older objects to termination of
2parental rights.

3(iii) The child is placed in a residential treatment facility,
4adoption isbegin insert currentlyend insert unlikely or undesirable, and continuation of
5parental rights will not prevent finding the child a permanent family
6placement if the parents cannot resume custody when residential
7care is no longer needed.begin insert If the court determines that adoption is
8currently unlikely or undesirable, the court shall order
9child-centered specialized permanency services, as defined in
10Section 11400, and assess progress towards placement in a
11permanent family at the next review hearing held pursuant to
12Section 366.3.end insert

13(iv) The child is living with a foster parent or Indian custodian
14who is unable or unwilling to adopt the child because of
15exceptional circumstances, that do not include an unwillingness
16to accept legal or financial responsibility for the child, but who is
17willing and capable of providing the child with a stable and
18permanent environment and the removal of the child from the
19physical custody of his or her foster parent or Indian custodian
20would be detrimental to the emotional well-being of the child. This
21clause does not apply to any child who is either (I) under six years
22of age or (II) a member of a sibling group where at least one child
23is under six years of age and the siblings are, or should be,
24permanently placed together.

25(v) There would be substantial interference with a child’s sibling
26relationship, taking into consideration the nature and extent of the
27relationship, including, but not limited to, whether the child was
28raised with a sibling in the same home, whether the child shared
29significant common experiences or has existing close and strong
30bonds with a sibling, and whether ongoing contact is in the child’s
31best interest, including the child’s long-term emotional interest,
32as compared to the benefit of legal permanence through adoption.

33(vi) The child is an Indian child and there is a compelling reason
34for determining that termination of parental rights would not be
35in the best interest of the child, including, but not limited to:

36(I) Termination of parental rights would substantially interfere
37with the child’s connection to his or her tribal community or the
38child’s tribal membership rights.

P49   1(II) The child’s tribe has identified guardianship, foster care
2with a fit and willing relative, tribal customary adoption, or another
3planned permanent living arrangement for the child.

4(III) The child is a nonminor dependent, and the nonminor and
5the nonminor’s tribe have identified tribal customary adoption for
6the nonminor.

7(C) For purposes of subparagraph (B), in the case of tribal
8customary adoptions, Section 366.24 shall apply.

9(D) If the court finds that termination of parental rights would
10be detrimental to the child pursuant to clause (i), (ii), (iii), (iv),
11(v), or (vi), it shall state its reasons in writing or on the record.

12(2) The court shall not terminate parental rights if:

13(A) At each hearing at which the court was required to consider
14reasonable efforts or services, the court has found that reasonable
15efforts were not made or that reasonable services were not offered
16or provided.

17(B) In the case of an Indian child:

18(i) At the hearing terminating parental rights, the court has found
19that active efforts were not made as required in Section 361.7.

20(ii) The court does not make a determination at the hearing
21terminating parental rights, supported by evidence beyond a
22reasonable doubt, including testimony of one or more “qualified
23expert witnesses” as defined in Section 224.6, that the continued
24custody of the child by the parent is likely to result in serious
25emotional or physical damage to the child.

26(iii) The court has ordered tribal customary adoption pursuant
27to Section 366.24.

28(3) If the court finds that termination of parental rights would
29not be detrimental to the child pursuant to paragraph (1) and that
30the child has a probability for adoption but is difficult to place for
31adoption and there is no identified or available prospective adoptive
32parent, the court may identify adoption as the permanent placement
33goal and without terminating parental rights, order that efforts be
34made to locate an appropriate adoptive family for the child, within
35the state or out of the state, within a period not to exceed 180 days.
36During this 180-day period, the public agency responsible for
37seeking adoptive parents for each child shall, to the extent possible,
38ask each child who is 10 years of age or older, to identify any
39individuals, other than the child’s siblings, who are important to
40the child, in order to identify potential adoptive parents. The public
P50   1agency may ask any other child to provide that information, as
2appropriate. During the 180-day period, the public agency shall,
3to the extent possible, contact other private and public adoption
4agencies regarding the availability of the child for adoption. During
5the 180-day period, the public agency shall conduct the search for
6adoptive parents in the same manner as prescribed for children in
7Sections 8708 and 8709 of the Family Code. At the expiration of
8this period, another hearing shall be held and the court shall
9proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision
10(b). For purposes of this section, a child may only be found to be
11difficult to place for adoption if there is no identified or available
12prospective adoptive parent for the child because of the child’s
13membership in a sibling group, or the presence of a diagnosed
14medical, physical, or mental handicap, or the child is seven years
15of age or more.begin insert If the child is found to be difficult to place for
16adoption, the court shall order child-centered specialized
17permanency services, as defined in Section 11400.end insert

18(4) (A) If the court finds that adoption of the child or
19termination of parental rights is not in the best interest of the child,
20because one of the conditions in clause (i), (ii), (iii), (iv), (v), or
21(vi) of subparagraph (B) of paragraph (1) or in paragraph (2)
22applies, the court shall order that the present caretakers or other
23appropriate persons shall become legal guardians of the child, or,
24in the case of an Indian child, consider a tribal customary adoption
25pursuant to Section 366.24. Legal guardianship shall be considered
26before continuing the child in foster care under any other permanent
27plan, if it is in the best interests of the child and if a suitable
28guardian can be found. If the child continues in foster care, the
29court shall make factual findings identifying any barriers to
30achieving adoption, tribal customary adoption in the case of an
31Indian child, legal guardianship, or placement with a fit and willing
32relative as of the date of thebegin delete hearing.end deletebegin insert hearing and shall order the
33agency to begin providing child-centered specialized permanency
34services, as defined in Section 11400.end insert
A child who is 10 years of
35age or older, shall be asked to identify any individuals, other than
36the child’s siblings, who are important to the child, in order to
37identify potential guardians or, in the case of an Indian child,
38prospective tribal customary adoptive parents. The agency may
39ask any other child to provide that information, as appropriate.

P51   1(B) (i) If the child is living with an approved relative who is
2willing and capable of providing a stable and permanent
3environment, but not willing to become a legal guardian as of the
4hearing date, the court shall order a permanent plan of placement
5with a fit and willing relative, and the child shall not be removed
6from the home if the court finds the removal would be seriously
7detrimental to the emotional well-being of the child because the
8child has substantial psychological ties to the relative caretaker.

9(ii) If the child is living with a nonrelative caregiver who is
10willing and capable of providing a stable and permanent
11begin delete environment,end deletebegin insert environmentend insert butbegin insert isend insert not willing to become a legal
12guardian as of the hearing date, the court shall order that the child
13remain in foster care with a permanent plan of return home,
14adoption, legal guardianship, or placement with a fit and willing
15relative, asbegin delete appropriate.end deletebegin insert appropriate, and shall order the agency
16supervising the child and the county adoption agency, or the State
17Department of Social Services when it is acting as an adoption
18agency, to begin providing child-centered specialized permanency
19services, as defined in Section 11400.end insert
If the child is 16 years of
20age or older, or a nonminor dependent, and no other permanent
21plan is appropriate at the time of the hearing, the court may order
22another planned permanent living arrangement, as described in
23paragraph (2) of subdivision (i) of Sectionbegin delete 16501.end deletebegin insert 16501, and order
24the provision of child-centered specialized permanency services,
25as defined in Section 11400. If the child is 16 years of age or older,
26the appropriateness of the child’s continuation in a planned
27permanent living arrangement shall be assessed at the next review
28hearing held pursuant to Section 366.3. If the order of another
29planned permanent living arrangement is made for a nonminor
30dependent, the court may order the provision of child-centered
31specialized permanency services, as defined in Section 11400.end insert

32 Regardless of the age of the child, the child shall not be removed
33from the home if the court finds the removal would be seriously
34detrimental to the emotional well-being of the child because the
35child has substantial psychological ties to the caregiver.

36(iii) If the child is living in a group home or, on or after January
371, 2017, a short-term residential treatment center, the court shall
38order that the child remain in foster care with a permanent plan of
39return home, adoption, tribal customary adoption in the case of an
40Indian child, legal guardianship, or placement with a fit and willing
P52   1relative, as appropriate. If the child is 16 years of age or older, or
2a nonminor dependent, and no other permanent plan is appropriate
3at the time of the hearing, the court may order another planned
4permanent living arrangement, as described in paragraph (2) of
5subdivision (i) of Section 16501.begin insert If the child is 16 years or older,
6the court shall order the provision of child-centered specialized
7permanency services, as defined in Section 11400, and order that
8the appropriateness of the child’s continuation in a planned
9permanent living arrangement be assessed again at the next review
10hearing held pursuant to Section 366.3. If the order of another
11planned permanent living arrangement is made for a nonminor
12dependent, the court may order the provision of child-centered
13specialized permanency services, as defined in Section 11400.end insert

14(C) The court shall also make an order for visitation with the
15parents or guardians unless the court finds by a preponderance of
16the evidence that the visitation would be detrimental to the physical
17or emotional well-being of the child.

18(5) If the court finds that the child should not be placed for
19adoption, that legal guardianship shall not be established, that
20placement with a fit and willing relative is not appropriate as of
21the hearing date, and that there are no suitable foster parents except
22exclusive-use homes available to provide the child with a stable
23and permanent environment, the court may order the care, custody,
24and control of the child transferred from the county welfare
25department to a licensed foster family agency. The court shall
26 consider the written recommendation of the county welfare director
27regarding the suitability of the transfer. The transfer shall be subject
28to further court orders.

29The licensed foster family agency shall place the child in a
30suitable licensed or exclusive-use home that has been certified by
31the agency as meeting licensing standards. The licensed foster
32family agency shall be responsible for supporting the child and
33providing appropriate services to the child, including those services
34ordered by the court. Responsibility for the support of the child
35shall not, in and of itself, create liability on the part of the foster
36family agency to third persons injured by the child. Those children
37whose care, custody, and control are transferred to a foster family
38agency shall not be eligible for foster care maintenance payments
39or child welfare services, except for emergency response services
40pursuant to Section 16504.

P53   1(d) The proceeding for the appointment of a guardian for a child
2who is a dependent of the juvenile court shall be in the juvenile
3court. If the court finds pursuant to this section that legal
4guardianship is the appropriate permanent plan, it shall appoint
5the legal guardian and issue letters of guardianship. The assessment
6prepared pursuant to subdivision (g) of Section 361.5, subdivision
7(i) of Section 366.21, subdivision (b) of Section 366.22, and
8subdivision (b) of Section 366.25 shall be read and considered by
9the court prior to the appointment, and this shall be reflected in
10the minutes of the court. The person preparing the assessment may
11be called and examined by any party to the proceeding.

12(e) (1) The proceeding for the adoption of a child who is a
13dependent of the juvenile court shall be in the juvenile court if the
14court finds pursuant to this section that adoption is the appropriate
15permanent plan and the petition for adoption is filed in the juvenile
16court. Upon the filing of a petition for adoption, the juvenile court
17shall order that an adoption hearing be set. The court shall proceed
18with the adoption after the appellate rights of the natural parents
19have been exhausted. The full report required by Section 8715 of
20the Family Code shall be read and considered by the court prior
21to the adoption and this shall be reflected in the minutes of the
22court. The person preparing the report may be called and examined
23by any party to the proceeding. It is the intent of the Legislature,
24pursuant to this subdivision, to give potential adoptive parents the
25option of filing in the juvenile court the petition for the adoption
26of a child who is a dependent of the juvenile court. Nothing in this
27section is intended to prevent the filing of a petition for adoption
28in any other court as permitted by law, instead of in the juvenile
29court.

30(2) In the case of an Indian child, if the Indian child’s tribe has
31elected a permanent plan of tribal customary adoption, the court,
32upon receiving the tribal customary adoption order will afford the
33tribal customary adoption order full faith and credit to the same
34extent that the court would afford full faith and credit to the public
35acts, records, judicial proceedings, and judgments of any other
36entity. Upon a determination that the tribal customary adoption
37order may be afforded full faith and credit, consistent with Section
38224.5, the court shall thereafter order a hearing to finalize the
39adoption be set upon the filing of the adoption petition. The
40prospective tribal customary adoptive parents and the child who
P54   1is the subject of the tribal customary adoption petition shall appear
2before the court for the finalization hearing. The court shall
3thereafter issue an order of adoption pursuant to Section 366.24.

4(3) If a child who is the subject of a finalized tribal customary
5adoption shows evidence of a developmental disability or mental
6illness as a result of conditions existing before the tribal customary
7adoption to the extent that the child cannot be relinquished to a
8licensed adoption agency on the grounds that the child is considered
9begin delete unadoptable,end deletebegin insert difficult to place for adoption as pursuant to
10paragraph (3) of subdivision (c)end insert
and of which condition the tribal
11customary adoptive parent or parents had no knowledge or notice
12before the entry of the tribal customary adoption order, a petition
13setting forth those facts may be filed by the tribal customary
14adoptive parent or parents with the juvenile court that granted the
15tribal customary adoption petition. If these facts are proved to the
16satisfaction of the juvenile court, it may make an order setting
17aside the tribal customary adoption order. The set-aside petition
18shall be filed within five years of the issuance of the tribal
19customary adoption order. The court clerk shall immediately notify
20the child’s tribe and the department in Sacramento of the petition
21within 60 days after the notice of filing of the petition. The
22department shall file a full report with the court and shall appear
23before the court for the purpose of representing the child. Whenever
24a final decree of tribal customary adoption has been vacated or set
25aside, the child shall be returned to the custody of the county in
26which the proceeding for tribal customary adoption was finalized.
27The biological parent or parents of the child may petition for return
28of custody. The disposition of the child after the court has entered
29an order to set aside a tribal customary adoption shall include
30consultation with the child’s tribe.

31(f) At the beginning of any proceeding pursuant to this section,
32if the child or the parents are not being represented by previously
33retained or appointed counsel, the court shall proceed as follows:

34(1) In accordance with subdivision (c) of Section 317, if a child
35before the court is without counsel, the court shall appoint counsel
36unless the court finds that the child would not benefit from the
37appointment of counsel. The court shall state on the record its
38reasons for that finding.

39(2) If a parent appears without counsel and is unable to afford
40counsel, the court shall appoint counsel for the parent, unless this
P55   1representation is knowingly and intelligently waived. The same
2counsel shall not be appointed to represent both the child and his
3or her parent. The public defender or private counsel may be
4appointed as counsel for the parent.

5(3) Private counsel appointed under this section shall receive a
6reasonable sum for compensation and expenses, the amount of
7which shall be determined by the court. The amount shall be paid
8by the real parties in interest, other than the child, in any
9proportions the court deems just. However, if the court finds that
10any of the real parties in interest are unable to afford counsel, the
11amount shall be paid out of the general fund of the county.

12(g) The court may continue the proceeding for a period of time
13not to exceed 30 days as necessary to appoint counsel, and to
14enable counsel to become acquainted with the case.

15(h) (1) At all proceedings under this section, the court shall
16consider the wishes of the child and shall act in the best interests
17of the child.

18(2) In accordance with Section 349, the child shall be present
19in court if the child or the child’s counsel so requests or the court
20so orders. If the child is 10 years of age or older and is not present
21at a hearing held pursuant to this section, the court shall determine
22whether the minor was properly notified of his or her right to attend
23the hearing and inquire as to the reason why the child is not present.

24(3) (A) The testimony of the child may be taken in chambers
25and outside the presence of the child’s parent or parents, if the
26child’s parent or parents are represented by counsel, the counsel
27is present, and any of the following circumstances exists:

28(i) The court determines that testimony in chambers is necessary
29to ensure truthful testimony.

30(ii) The child is likely to be intimidated by a formal courtroom
31setting.

32(iii) The child is afraid to testify in front of his or her parent or
33parents.

34(B) After testimony in chambers, the parent or parents of the
35child may elect to have the court reporter read back the testimony
36or have the testimony summarized by counsel for the parent or
37parents.

38(C) The testimony of a child also may be taken in chambers and
39outside the presence of the guardian or guardians of a child under
40the circumstances specified in this subdivision.

P56   1(i) (1) Any order of the court permanently terminating parental
2rights under this section shall be conclusive and binding upon the
3child, upon the parent orbegin delete parentsend deletebegin insert parents,end insert and upon all other persons
4who have been served with citation by publication or otherwise
5as provided in this chapter. After making the order, the juvenile
6court shall have no power to set aside, change, or modify it, except
7as provided in paragraph (2), but nothing in this section shall be
8construed to limit the right to appeal the order.

9(2) A tribal customary adoption order evidencing that the Indian
10child has been the subject of a tribal customary adoption shall be
11afforded full faith and credit and shall have the same force and
12effect as an order of adoption authorized by this section. The rights
13and obligations of the parties as to the matters determined by the
14Indian child’s tribe shall be binding on all parties. A court shall
15not order compliance with the order absent a finding that the party
16seeking the enforcement participated, or attempted to participate,
17in good faith, in family mediation services of the court or dispute
18resolution through the tribe regarding the conflict, prior to the
19filing of the enforcement action.

20(3) A child who has not been adopted after the passage of at
21least three years from the date the court terminated parental rights
22and for whom the court has determined that adoption is no longer
23the permanent plan may petition the juvenile court to reinstate
24parental rights pursuant to the procedure prescribed by Section
25388. The child may file the petition prior to the expiration of this
26three-year period if the State Department of Social Services, county
27adoption agency, or licensed adoption agency that is responsible
28for custody and supervision of the child as described in subdivision
29(j) and the child stipulate that the child is no longer likely to be
30adopted. A child over 12 years of age shall sign the petition in the
31absence of a showing of good cause as to why the child could not
32do so. If it appears that the best interests of the child may be
33promoted by reinstatement of parental rights, the court shall order
34that a hearing be held and shall give prior notice, or cause prior
35notice to be given, to the social worker or probation officer and to
36the child’s attorney of record, or, if there is no attorney of record
37for the child, to the child, and the child’s tribe, if applicable, by
38means prescribed by subdivision (c) of Section 297. The court
39shall order the child or the social worker or probation officer to
40give prior notice of the hearing to the child’s former parent or
P57   1parents whose parental rights were terminated in the manner
2prescribed by subdivision (f) of Section 294 where the
3recommendation is adoption. The juvenile court shall grant the
4petition if it finds by clear and convincing evidence that the child
5is no longer likely to be adopted and that reinstatement of parental
6rights is in the child’s best interest. If the court reinstates parental
7rights over a child who is under 12 years of age and for whom the
8new permanent plan will not be reunification with a parent or legal
9guardian, the court shall specify the factual basis for its findings
10that it is in the best interest of the child to reinstate parental rights.
11This subdivision is intended to be retroactive and applies to any
12child who is under the jurisdiction of the juvenile court at the time
13of the hearing regardless of the date parental rights were terminated.

14(j) If the court, by order or judgment, declares the child free
15from the custody and control of both parents, or one parent if the
16other does not have custody and control, or declares the child
17eligible for tribal customary adoption, the court shall at the same
18time order the child referred to the State Department of Social
19Services, county adoption agency, or licensed adoption agency for
20adoptive placement by the agency. However, except in the case
21of a tribal customary adoption where there is no termination of
22 parental rights, a petition for adoption may not be granted until
23the appellate rights of the natural parents have been exhausted.
24The State Department of Social Services, county adoption agency,
25or licensed adoption agency shall be responsible for the custody
26and supervision of the child and shall be entitled to the exclusive
27care and control of the child at all times until a petition for adoption
28or tribal customary adoption is granted, except as specified in
29subdivision (n). With the consent of the agency, the court may
30appoint a guardian of the child, who shall serve until the child is
31adopted.

32(k) Notwithstanding any other law, the application of any person
33who, as a relative caretaker or foster parent, has cared for a
34dependent child for whom the court has approved a permanent
35plan for adoption, or who has been freed for adoption, shall be
36given preference with respect to that child over all other
37applications for adoptive placement if the agency making the
38placement determines that the child has substantial emotional ties
39to the relative caretaker or foster parent and removal from the
P58   1relative caretaker or foster parent would be seriously detrimental
2to the child’s emotional well-being.

3As used in this subdivision, “preference” means that the
4application shall be processed and, if satisfactory, the family study
5shall be completed before the processing of the application of any
6other person for the adoptive placement of the child.

7(l) (1) An order by the court that a hearing pursuant to this
8section be held is not appealable at any time unless all of the
9following apply:

10(A) A petition for extraordinary writ review was filed in a timely
11manner.

12(B) The petition substantively addressed the specific issues to
13be challenged and supported that challenge by an adequate record.

14(C) The petition for extraordinary writ review was summarily
15denied or otherwise not decided on the merits.

16(2) Failure to file a petition for extraordinary writ review within
17the period specified by rule, to substantively address the specific
18issues challenged, or to support that challenge by an adequate
19record shall preclude subsequent review by appeal of the findings
20and orders made pursuant to this section.

21(3) The Judicial Council shall adopt rules of court, effective
22January 1, 1995, to ensure all of the following:

23(A) A trial court, after issuance of an order directing a hearing
24pursuant to this section be held, shall advise all parties of the
25requirement of filing a petition for extraordinary writ review as
26set forth in this subdivision in order to preserve any right to appeal
27in these issues. This notice shall be made orally to a party if the
28party is present at the time of the making of the order or by
29first-class mail by the clerk of the court to the last known address
30of a party not present at the time of the making of the order.

31(B) The prompt transmittal of the records from the trial court
32to the appellate court.

33(C) That adequate time requirements for counsel and court
34personnel exist to implement the objective of this subdivision.

35(D) That the parent or guardian, or their trial counsel or other
36counsel, is charged with the responsibility of filing a petition for
37extraordinary writ relief pursuant to this subdivision.

38(4) The intent of this subdivision is to do both of the following:

39(A) Make every reasonable attempt to achieve a substantive and
40meritorious review by the appellate court within the time specified
P59   1in Sections 366.21, 366.22, and 366.25 for holding a hearing
2pursuant to this section.

3(B) Encourage the appellate court to determine all writ petitions
4filed pursuant to this subdivision on their merits.

5(5) This subdivision shall only apply to cases in which an order
6to set a hearing pursuant to this section is issued on or after January
71, 1995.

8(m) Except for subdivision (j), this section shall also apply to
9minors adjudged wards pursuant to Section 727.31.

10(n) (1) Notwithstanding Section 8704 of the Family Code or
11any other law, the court, at a hearing held pursuant to this section
12or anytime thereafter, may designate a current caretaker as a
13prospective adoptive parent if the child has lived with the caretaker
14for at least six months, the caretaker currently expresses a
15commitment to adopt the child, and the caretaker has taken at least
16one step to facilitate the adoption process. In determining whether
17to make that designation, the court may take into consideration
18whether the caretaker is listed in the preliminary assessment
19prepared by the county department in accordance with subdivision
20(i) of Section 366.21 as an appropriate person to be considered as
21an adoptive parent for the child and the recommendation of the
22State Department of Social Services, county adoption agency, or
23licensed adoption agency.

24(2) For purposes of this subdivision, steps to facilitate the
25adoption process include, but are not limited to, the following:

26(A) Applying for an adoption home study.

27(B) Cooperating with an adoption home study.

28(C) Being designated by the court or the adoption agency as the
29adoptive family.

30(D) Requesting de facto parent status.

31(E) Signing an adoptive placement agreement.

32(F) Engaging in discussions regarding a postadoption contact
33agreement.

34(G) Working to overcome any impediments that have been
35identified by the State Department of Social Services, county
36adoption agency, or licensed adoption agency.

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

38(3) Prior to a change in placement and as soon as possible after
39a decision is made to remove a child from the home of a designated
40prospective adoptive parent, the agency shall notify the court, the
P60   1designated prospective adoptive parent or the current caretaker, if
2that caretaker would have met the threshold criteria to be
3designated as a prospective adoptive parent pursuant to paragraph
4(1) on the date of service of this notice, the child’s attorney, and
5the child, if the child is 10 years of age or older, of the proposal
6in the manner described in Section 16010.6.

7(A) Within five court days or seven calendar days, whichever
8is longer, of the date of notification, the child, the child’s attorney,
9or the designated prospective adoptive parent may file a petition
10with the court objecting to the proposal to remove the child, or the
11court, upon its own motion, may set a hearing regarding the
12proposal. The court may, for good cause, extend the filing period.
13A caretaker who would have met the threshold criteria to be
14designated as a prospective adoptive parent pursuant to paragraph
15(1) on the date of service of the notice of proposed removal of the
16child may file, together with the petition under this subparagraph,
17a petition for an order designating the caretaker as a prospective
18adoptive parent for purposes of this subdivision.

19(B) A hearing ordered pursuant to this paragraph shall be held
20as soon as possible and not later than five court days after the
21petition is filed with the court or the court sets a hearing upon its
22own motion, unless the court for good cause is unable to set the
23matter for hearing five court days after the petition is filed, in
24which case the court shall set the matter for hearing as soon as
25possible. At the hearing, the court shall determine whether the
26caretaker has met the threshold criteria to be designated as a
27prospective adoptive parent pursuant to paragraph (1), and whether
28the proposed removal of the child from the home of the designated
29prospective adoptive parent is in the child’s best interest, and the
30child may not be removed from the home of the designated
31prospective adoptive parent unless the court finds that removal is
32in the child’s best interest. If the court determines that the caretaker
33did not meet the threshold criteria to be designated as a prospective
34adoptive parent on the date of service of the notice of proposed
35removal of the child, the petition objecting to the proposed removal
36filed by the caretaker shall be dismissed. If the caretaker was
37designated as a prospective adoptive parent prior to this hearing,
38the court shall inquire into any progress made by the caretaker
39towards the adoption of the child since the caretaker was designated
40as a prospective adoptive parent.

P61   1(C) A determination by the court that the caretaker is a
2designated prospective adoptive parent pursuant to paragraph (1)
3or subparagraph (B) does not make the caretaker a party to the
4dependency proceeding nor does it confer on the caretaker any
5standing to object to any other action of the department, county
6adoption agency, or licensed adoption agency, unless the caretaker
7has been declared a de facto parent by the court prior to the notice
8of removal served pursuant to paragraph (3).

9(D) If a petition objecting to the proposal to remove the child
10is not filed, and the court, upon its own motion, does not set a
11hearing, the child may be removed from the home of the designated
12prospective adoptive parent without a hearing.

13(4) Notwithstanding paragraph (3), if the State Department of
14Social Services, county adoption agency, or licensed adoption
15agency determines that the child must be removed from the home
16of the caretaker who is or may be a designated prospective adoptive
17parent immediately, due to a risk of physical or emotional harm,
18the agency may remove the child from that home and is not
19required to provide notice prior to the removal. However, as soon
20as possible and not longer than two court days after the removal,
21the agency shall notify the court, the caretaker who is or may be
22a designated prospective adoptive parent, the child’s attorney, and
23the child, if the child is 10 years of age or older, of the removal.
24Within five court days or seven calendar days, whichever is longer,
25of the date of notification of the removal, the child, the child’s
26attorney, or the caretaker who is or may be a designated prospective
27adoptive parent may petition for, or the court on its own motion
28may set, a noticed hearing pursuant to paragraph (3). The court
29may, for good cause, extend the filing period.

30(5) Except as provided in subdivision (b) of Section 366.28, an
31order by the court issued after a hearing pursuant to this subdivision
32shall not be appealable.

33(6) Nothing in this section shall preclude a county child
34protective services agency from fully investigating and responding
35to alleged abuse or neglect of a child pursuant to Section 11165.5
36of the Penal Code.

37(7) The Judicial Council shall prepare forms to facilitate the
38filing of the petitions described in this subdivision, which shall
39become effective on January 1, 2006.

P62   1

SEC. 8.  

Section 366.3 of the Welfare and Institutions Code is
2amended to read:

3

366.3.  

(a) If a juvenile court orders a permanent plan of
4adoption, tribal customary adoption, adoption of a nonminor
5dependent pursuant to subdivision (f) of Section 366.31, or legal
6guardianship pursuant to Section 360 or 366.26, the court shall
7retain jurisdiction over the child or nonminor dependent until the
8child or nonminor dependent is adopted or the legal guardianship
9is established, except as provided for in Section 366.29 or, on and
10after January 1, 2012, Section 366.32. The status of the child or
11nonminor dependent shall be reviewed every six months to ensure
12that the adoption or legal guardianship is completed as
13expeditiously as possible. When the adoption of the child or
14nonminor dependent has been granted, or in the case of a tribal
15customary adoption, when the tribal customary adoption order has
16been afforded full faith and credit and the petition for adoption
17has been granted, the court shall terminate its jurisdiction over the
18child or nonminor dependent. Following establishment of a legal
19guardianship, the court may continue jurisdiction over the child
20as a dependent child of the juvenile court or may terminate its
21dependency jurisdiction and retain jurisdiction over the child as a
22ward of the legal guardianship, as authorized by Section 366.4. If,
23however, a relative of the child is appointed the legal guardian of
24the child and the child has been placed with the relative for at least
25six months, the court shall, except if the relative guardian objects,
26or upon a finding of exceptional circumstances, terminate its
27dependency jurisdiction and retain jurisdiction over the child as a
28ward of the guardianship, as authorized by Section 366.4.
29Following a termination of parental rights, the parent or parents
30shall not be a party to, or receive notice of, any subsequent
31proceedings regarding the child.

32(b) (1) If the court has dismissed dependency jurisdiction
33following the establishment of a legal guardianship, or no
34dependency jurisdiction attached because of the granting of a legal
35guardianship pursuant to Section 360, and the legal guardianship
36is subsequently revoked or otherwise terminated, the county
37department of social services or welfare department shall notify
38the juvenile court of this fact. The court may vacate its previous
39order dismissing dependency jurisdiction over the child.

P63   1(2) Notwithstanding Section 1601 of the Probate Code, the
2proceedings to terminate a legal guardianship that has been granted
3pursuant to Section 360 or 366.26 shall be held either in the
4juvenile court that retains jurisdiction over the guardianship as
5authorized by Section 366.4 or the juvenile court in the county
6where the guardian and child currently reside, based on the best
7interests of the child, unless the termination is due to the
8emancipation or adoption of the child. The juvenile court having
9jurisdiction over the guardianship shall receive notice from the
10court in which the petition is filed within five calendar days of the
11filing. Prior to the hearing on a petition to terminate legal
12guardianship pursuant to this subdivision, the court shall order the
13county department of social services or welfare department having
14jurisdiction or jointly with the county department where the
15guardian and child currently reside to prepare a report, for the
16court’s consideration, that shall include an evaluation of whether
17the child could safely remain in, or be returned to, the legal
18guardian’s home, without terminating the legal guardianship, if
19services were provided to the child or legal guardian. If applicable,
20the report shall also identify recommended family maintenance or
21reunification services to maintain the legal guardianship and set
22forth a plan for providing those services. If the petition to terminate
23legal guardianship is granted, either juvenile court may resume
24dependency jurisdiction over the child, and may order the county
25department of social services or welfare department to develop a
26new permanent plan, which shall be presented to the court within
2760 days of the termination. If no dependency jurisdiction has
28attached, the social worker shall make any investigation he or she
29deems necessary to determine whether the child may be within the
30jurisdiction of the juvenile court, as provided in Section 328.

31(3) Unless the parental rights of the child’s parent or parents
32have been terminated, they shall be notified that the legal
33guardianship has been revoked or terminated and shall be entitled
34to participate in the new permanency planning hearing. The court
35shall try to place the child in another permanent placement. At the
36hearing, the parents may be considered as custodians but the child
37shall not be returned to the parent or parents unless they prove, by
38a preponderance of the evidence, that reunification is the best
39alternative for the child. The court may, if it is in the best interests
P64   1of the child, order that reunification services again be provided to
2the parent or parents.

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

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

30(1) Upon the request of the child’s parents or legal guardians.

31(2) Upon the request of the child or, on and after January 1,
322012, nonminor dependent.

33(3) It has been 12 months since a hearing held pursuant to
34Section 366.26 or an order that the child remain in foster care
35pursuant to Section 366.21, 366.22, 366.25, 366.26, or subdivision
36(h).

37(4) It has been 12 months since a review was conducted by the
38court.

39The court shall determine whether or not reasonablebegin delete effortsend delete
40begin insert efforts, including the provision of child-centered specialized
P65   1permanency services, as defined inend insert
begin insert Section 11400,end insert to make and
2finalize a permanent placement for the child have been made.

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

8(1) The continuing necessity for, and appropriateness of, the
9placement.

begin insert

10(2) The extent to which child-centered specialized permanency
11services, as described Section 11400, have been provided.

end insert
begin delete

12(2)

end delete

13begin insert(3)end insert Identification of individuals other than the child’s siblings
14who are important to a child who is 10 years of age or older and
15has been in out-of-home placement for six months or longer, and
16actions necessary to maintain the child’s relationship with those
17individuals, provided that those relationships are in the best interest
18of the child. The social worker shall ask every child who is 10
19years of age or older and who has been in out-of-home placement
20for six months or longer to identify individuals other than the
21child’s siblings who are important to the child, and may ask any
22other child to provide that information, as appropriate. The social
23worker shall make efforts to identify other individuals who are
24important to the child, consistent with the child’s best interests.

begin delete

25(3)

end delete

26begin insert(4)end insert The continuing appropriateness and extent of compliance
27with the permanent plan for the child, including efforts to maintain
28relationships between a child who is 10 years of age or older and
29who has been in out-of-home placement for six months or longer
30and individuals who are important to the child and efforts to
31identify a prospective adoptive parent or legal guardian, including,
32but not limited to, child-specific recruitment efforts and listing on
33an adoption exchange.

begin delete

34(4)

end delete

35begin insert(5)end insert The extent of the agency’s compliance with the child welfare
36services case plan in making reasonable efforts either to return the
37child to the safe home of the parent or to complete whatever steps
38are necessary to finalize the permanent placement of thebegin delete child.end delete
39begin insert child, including the provision of child-centered specialized
40permanency services, as defined in Section 11400.end insert
If the reviewing
P66   1body determines that a second period of reunification services is
2in the child’s best interests, and that there is a significant likelihood
3of the child’s return to a safe home due to changed circumstances
4of the parent, pursuant to subdivision (f), the specific reunification
5services required to effect the child’s return to a safe home shall
6be described.

begin delete

7(5)

end delete

8begin insert(6)end insert Whether there should be any limitation on the right of the
9parent or guardian to make educational decisions or developmental
10services decisions for the child. That limitation shall be specifically
11addressed in the court order and may not exceed what is necessary
12to protect the child. If the court specifically limits the right of the
13parent or guardian to make educational decisions or developmental
14services decisions for the child, the court shall at the same time
15appoint a responsible adult to make educational decisions or
16developmental services decisions for the child pursuant to Section
17361.

begin delete

18(6)

end delete

19begin insert(7)end insert The adequacy of services provided to the child. The court
20shall consider the progress in providing the information and
21documents to the child, as described in Section 391. The court
22shall also consider the need for, and progress in providing, the
23assistance and services described in Section 391.

begin delete

24(7)

end delete

25begin insert(8)end insert The extent of progress the parents or legal guardians have
26made toward alleviating or mitigating the causes necessitating
27placement in foster care.

begin delete

28(8)

end delete

29begin insert(9)end insert The likely date by which the child may be returned to, and
30safely maintained in, the home, placed for adoption, legal
31guardianship, placed with a fit and willing relative, or, for an Indian
32child, in consultation with the child’s tribe, placed for tribal
33customary adoption, or, if the child is 16 years of age or older, and
34no other permanent plan is appropriate at the time of the hearing,
35in another planned permanent livingbegin delete arrangement.end deletebegin insert arrangement
36with the provision of child-centered specialized permanency
37services, as defined in Section 11400.end insert

begin delete

38(9)

end delete

39begin insert(10)end insert Whether the child has any siblings under the court’s
40jurisdiction, and, if any siblings exist, all of the following:

P67   1(A) The nature of the relationship between the child and his or
2her siblings.

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

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

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

11(ii) 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(iii) If there are visits between the siblings, a description of the
16location and length of the visits.

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

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

20The factors the court may consider as indicators of the nature of
21the child’s sibling relationships include, but are not limited to,
22whether the siblings were raised together in the same home,
23whether the siblings have shared significant common experiences
24or have existing close and strong bonds, whether either sibling
25expresses a desire to visit or live with his or her sibling, as
26applicable, and whether ongoing contact is in the child’s best
27emotional interests.

begin delete

28(10)

end delete

29begin insert(11)end insert For a child who is 14 years of age or older, and, effective
30January 1, 2012, for a nonminor dependent, the services needed
31to assist the child or nonminor dependent to make the transition
32from foster care to successful adulthood.

33The reviewing body shall determine whether or not reasonable
34begin delete effortsend deletebegin insert efforts, including the provision of child-centered specialized
35permanency services, as defined in Section 11400,end insert
to make and
36finalize a permanent placement for the child have been made.

37Each licensed foster family agency shall submit reports for each
38child in its care, custody, and control to the court concerning the
39continuing appropriateness and extent of compliance with the
P68   1child’s permanent plan, the extent of compliance with the case
2plan, and the type and adequacy of services provided to the child.

3(f) Unless their parental rights have been permanently
4terminated, the parent or parents of the child are entitled to receive
5notice of, and participate in, those hearings. It shall be presumed
6that continued care is in the best interests of the child, unless the
7parent or parents prove, by a preponderance of the evidence, that
8further efforts at reunification are the best alternative for the child.
9In those cases, the court may order that further reunification
10services to return the child to a safe home environment be provided
11to the parent or parents up to a period of six months, and family
12maintenance services, as needed for an additional six months in
13order to return the child to a safe home environment. On and after
14January 1, 2012, this subdivision shall not apply to the parents of
15a nonminor dependent.

16(g) At the review conducted by the court and held at least every
17six months, regarding a child for whom the court has ordered
18parental rights terminated and who has been ordered placed for
19adoption, or, for an Indian child for whom parental rights are not
20being terminated and a tribal customary adoption is being
21considered, the county welfare department shall prepare and present
22to the court a report describing the following:

23(1) The child’s present placement.

24(2) The child’s current physical, mental, emotional, and
25educational status.

26(3) If the child has not been placed with a prospective adoptive
27parent or guardian, identification of individuals, other than the
28child’s siblings, who are important to the child and actions
29necessary to maintain the child’s relationship with those
30individuals, provided that those relationships are in the best interest
31of the child. The agency shall ask every child who is 10 years of
32age or older to identify any individuals who are important to him
33or her, consistent with the child’s best interest, and may ask any
34child who is younger than 10 years of age to provide that
35information as appropriate. The agency shall make efforts to
36identify other individuals who are important to the child.

37(4) Whether the child has been placed with a prospective
38adoptive parent or parents.

39(5) Whether an adoptive placement agreement has been signed
40and filed.

P69   1(6) If the child has not been placed with a prospective adoptive
2parent or parents, the efforts made to identify an appropriate
3prospective adoptive parent or legal guardian, including, but not
4limited to,begin insert child-centered specialized permanency services, as
5defined in Section 11400,end insert
child-specific recruitmentbegin delete effortsend deletebegin insert efforts,end insert
6 and listing on an adoption exchange.

7(7) Whether the final adoption order should include provisions
8for postadoptive sibling contact pursuant to Section 366.29.

9(8) The progress of the search for an adoptive placement if one
10has not been identified.

11(9) Any impediments to the adoption or the adoptive placement.

12(10) The anticipated date by which the child will be adopted or
13placed in an adoptive home.

14(11) The anticipated date by which an adoptive placement
15agreement will be signed.

16(12) Recommendations for court orders that will assist in the
17placement of the child for adoption or in the finalization of the
18begin delete adoption.end deletebegin insert adoption, including the provision of child-centered
19specialized permanency services, as defined in Section 11400end insert
begin insert.end insert

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

23The court shall make appropriate orders to protect the stability
24of the child and to facilitate and expedite the permanent placement
25and adoption of the child.

26(h) (1) At the review held pursuant to subdivision (d) for a child
27in foster care, the court shall consider all permanency planning
28options for the child including whether the child should be returned
29to the home of the parent, placed for adoption, or, for an Indian
30child, in consultation with the child’s tribe, placed for tribal
31customary adoption, or appointed a legal guardian, placed with a
32fit and willing relative, or, if compelling reasons exist for finding
33that none of the foregoing options are in the best interest of the
34child and the child is 16 years of age or older, whether the child
35should be placed in another planned permanent livingbegin delete arrangement.end delete
36begin insert arrangement with the provision of child-centered specialized
37permanency services, as defined in Section 11400.end insert
The court shall
38order that a hearing be held pursuant to Section 366.26, unless it
39determines by clear and convincing evidence that there is a
40compelling reason for determining that a hearing held pursuant to
P70   1Section 366.26 is not in the best interest of the child because the
2child is being returned to the home of the parent, the child is not
3begin insert currentlyend insert a proper subject for adoption, or no one is willing to
4accept legal guardianship as of the hearing date. If the county
5adoption agency, or the department when it is acting as an adoption
6agency, has determined it is unlikely that the child will be adopted
7or one of the conditions described in paragraph (1) of subdivision
8(c) of Section 366.26 applies, that fact shall constitute a compelling
9reason for purposes of this subdivision. Only upon that
10determination may the court order that the child remain in foster
11care, without holding a hearing pursuant to Section 366.26. The
12court shall make factual findings identifying any barriers to
13achieving the permanent plan as of the hearing date. On and after
14January 1, 2012, the nonminor dependent’s legal status as an adult
15is in and of itself a compelling reason not to hold a hearing pursuant
16to Section 366.26.

17(2) When the child is 16 years of age or older and in another
18planned permanent living arrangement, the court shall do all of
19the following:

20(A) Ask the child about his or her desired permanency outcome.

21(B) Make a judicial determination explaining why, as of the
22hearing date, another planned permanent living arrangement is the
23best permanency plan for the child.

24(C) State for the record the compelling reason or reasons why
25it continues not to be in the best interest of the child to return home,
26be placed for adoption, be placed for tribal customary adoption in
27the case of an Indian child, be placed with a legal guardian, or be
28placed with a fit and willing relative.

29(3) When the child is 16 years of age or older and is in another
30planned permanent living arrangement, the social study prepared
31for the hearing shall include a description of all of the following:

32(A) The intensive and ongoingbegin delete effortsend deletebegin insert efforts, including the
33provision of child-centered specialized permanency services, as
34defined in Section 11400,end insert
to return the child to the home of the
35parent, place the child for adoption, or establish a legal
36guardianship, as appropriate.

37(B) The steps taken to do both of the following:

38(i) Ensure that the child’s care provider is following the
39reasonable and prudent parent standard.

P71   1(ii) Determine whether the child has regular, ongoing
2opportunities to engage in age or developmentally appropriate
3activities, including consulting with the child about opportunities
4for the child to participate in those activities.

5(4) When the child is under 16 years of age and has a permanent
6plan of return home, adoption, legal guardianship, or placement
7with a fit and willing relative, any barriers to achieving the
8permanent plan and the efforts made by the agency address those
9begin delete barriers.end deletebegin insert barriers, including the provision of child-centered
10specialized permanency services, as defined in Section 11400. end insert

11(i) If, as authorized by subdivision (h), the court orders a hearing
12pursuant to Section 366.26, the court shall direct the agency
13supervising the child and the county adoption agency, or the State
14Department of Social Services when it is acting as an adoption
15agency, to prepare an assessment as provided for in subdivision
16(i) of Section 366.21 or subdivision (b) of Section 366.22. A
17hearing held pursuant to Section 366.26 shall be held no later than
18120 days from the date of the 12-month review at which it is
19ordered, and at that hearing the court shall determine whether
20adoption, tribal customary adoption, legal guardianship, placement
21with a fit and willing relative, or, for a child 16 years of age or
22older, another planned permanent living arrangement is the most
23appropriate plan for the child. On and after January 1, 2012, a
24hearing pursuant to Section 366.26 shall not be ordered if the child
25is a nonminor dependent, unless the nonminor dependent is an
26Indian child and tribal customary adoption is recommended as the
27permanent plan. The court may order that a nonminor dependent
28who otherwise is eligible pursuant to Section 11403 remain in a
29planned, permanent living arrangement. At the request of the
30nonminor dependent who has an established relationship with an
31adult determined to be the nonminor dependent’s permanent
32connection, the court may order adoption of the nonminor
33dependent pursuant to subdivision (f) of Section 366.31.

34(j) 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.

38

SEC. 9.  

Section 371 is added to the Welfare and Institutions
39Code
, to read:

P72   1

371.  

When the court has ordered a dependent child or a ward
2of the juvenile court placed for adoption or has appointed a relative
3or nonrelative legal guardian, the social worker or probation officer
4shall provide the prospective adoptive family or the guardian or
5guardians information, in writing, regarding the importance of
6working with mental health providers that have specialized
7adoption or permanency clinical training and experience if the
8family needs clinical support, and a description of the desirable
9clinical expertise the family should look for when choosing an
10adoption- or permanency-competent mental health professional.

11

SEC. 10.  

Section 706.5 of the Welfare and Institutions Code
12 is amended to read:

13

706.5.  

(a) If placement in foster care is recommended by the
14probation officer, or where the minor is already in foster care
15placement or pending placement pursuant to an earlier order, the
16social study prepared by the probation officer that is received into
17evidence at disposition pursuant to Section 706 shall include a
18case plan, as described in Section 706.6. If the court elects to hold
19the first status review at the disposition hearing, the social study
20shall also include, but not be limited to, the factual material
21described in subdivision (c).

22(b) If placement in foster care is not recommended by the
23probation officer prior to disposition, but the court orders foster
24care placement, the court shall order the probation officer to prepare
25a case plan, as described in Section 706.6, within 30 days of the
26placement order. The case plan shall be filed with the court.

27(c) At each status review hearing, the social study shall include,
28but not be limited to, an updated case plan as described in Section
29706.6 and the following information:

30(1) The continuing necessity for and appropriateness of the
31placement.

32(2) The extent of the probation department’s compliance with
33the case plan in making reasonable efforts to safely return the
34minor to the minor’s home or to complete whatever steps are
35necessary to finalize the permanent placement of the minor.

36(3) The extent of progress that has been made by the minor and
37parent or guardian toward alleviating or mitigating the causes
38necessitating placement in foster care.

39(4) If the first permanency planning hearing has not yet occurred,
40the social study shall include the likely date by which the minor
P73   1may be returned to and safely maintained in the home or placed
2for adoption, appointed a legal guardian, permanently placed with
3a fit and willing relative, or referred to another planned permanent
4living arrangement.

5(5) Whether the minor has been or will be referred to educational
6services and what services the minor is receiving, including special
7education and related services if the minor has exceptional needs
8as described in Part 30 (commencing with Section 56000) of
9Division 4 of Title 2 of the Education Code or accommodations
10if the child has disabilities as described in Chapter 16 (commencing
11with Section 701) of Title 29 of the United States Code Annotated.
12The probation officer or child advocate shall solicit comments
13from the appropriate local education agency prior to completion
14of the social study.

15(6) If the parent or guardian is unwilling or unable to participate
16in making an educational or developmental services decision for
17his or her child, or if other circumstances exist that compromise
18the ability of the parent or guardian to make educational or
19developmental services decisions for the child, the probation
20department shall consider whether the right of the parent or
21guardian to make educational or developmental services decisions
22for the minor should be limited. If the study makes that
23recommendation, it shall identify whether there is a responsible
24adult available to make educational or developmental services
25decisions for the minor pursuant to Section 726.

26(7) When the minor is 16 years of age or older and in another
27planned permanent living arrangement, the social study shall
28include a description of all of the following:

29(A) The intensive and ongoingbegin delete effortsend deletebegin insert efforts, including
30child-centered specialized permanency services, as defined in
31Section 11400,end insert
to return the minor to the home of the parent, place
32the minor for adoption, or establish a legal guardianship, as
33appropriate.

34(B) The steps taken to do both of the following:

35(i) Ensure that the minor’s care provider is following the
36reasonable and prudent parent standard.

37(ii) Determine whether the minor has regular, ongoing
38opportunities to engage in age or developmentally appropriate
39activities, including consulting with the minor about opportunities
40for the minor to participate in the activities.

P74   1(8) When the minor is under 16 years of age and has a permanent
2plan of return home, adoption, legal guardianship, or placement
3with a fit and willing relative, the social study shall include a
4description of any barriers to achieving the permanent plan and
5the efforts made by the agency to address those barriers.

6(d) At each permanency planning hearing, the social study shall
7include, but not be limited to, an updated case plan as described
8in Section 706.6, the factual material described in subdivision (c)
9of this section, and a recommended permanent plan for the minor.

10

SEC. 11.  

Section 706.6 of the Welfare and Institutions Code
11 is amended to read:

12

706.6.  

(a) Services to minors are best provided in a framework
13that integrates service planning and delivery among multiple
14service systems, including the mental health system, using a
15team-based approach, such as a child and family team. A child
16and family team brings together individuals that engage with the
17child or youth and family in assessing, planning, and delivering
18services. Use of a team approach increases efficiency, and thus
19reduces cost, by increasing coordination of formal services and
20integrating the natural and informal supports available to the child
21or youth and family.

22(b) (1) For the purposes of this section, “child and family team”
23has the same meaning as in paragraph (4) of subdivision (a) of
24Section 16501.

25(2) In its development of the case plan, the probation agency
26shall consider any recommendations of the child and family team,
27as defined in paragraph (4) of subdivision (a) of Section 16501.
28The agency shall document the rationale for any inconsistencies
29between the case plan and the child and family team
30recommendations.

31(c) A case plan prepared as required by Section 706.5 shall be
32submitted to the court. It shall either be attached to the social study
33or incorporated as a separate section within the social study. The
34case plan shall include, but not be limited to, the following
35information:

36(1) A description of the circumstances that resulted in the minor
37being placed under the supervision of the probation department
38and in foster care.

39(2) Documentation of the preplacement assessment of the
40minor’s and family’s strengths and service needs showing that
P75   1preventive services have been provided, and that reasonable efforts
2to prevent out-of-home placement have been made. The assessment
3shall include the type of placement best equipped to meet those
4needs.

5(3) (A) A description of the type of home or institution in which
6the minor is to be placed, and the reasons for that placement
7decision, including a discussion of the safety and appropriateness
8of the placement, including the recommendations of the child and
9family team, if available.

10(B) An appropriate placement is a placement in the least
11restrictive, most family-like environment that promotes normal
12childhood experiences, in closest proximity to the minor’s home,
13that meets the minor’s best interests and special needs.

14(d) The following shall apply:

15(1) The agency selecting a placement shall consider, in order
16of priority:

17(A) Placement with relatives, nonrelated extended family
18members, and tribal members.

19(B) Foster family homes and certified homes or resource families
20of foster family agencies.

21(C) Treatment and intensive treatment certified homes or
22resource families of foster family agencies, or multidimensional
23treatment foster homes or therapeutic foster care homes.

24(D) Group care placements in the following order:

25(i) Short-term residential treatment centers.

26(ii) Group homes.

27(iii) Community treatment facilities.

28(iv) Out-of-state residential treatment pursuant to Part 5
29(commencing with Section 7900) of Division 12 of the Family
30Code.

31(2) Although the placement options shall be considered in the
32preferential order specified in paragraph (1), the placement of a
33child may be with any of these placement settings in order to ensure
34the selection of a safe placement setting that is in the child’s best
35interests and meets the child’s special needs.

36(3) A minor may be placed into a community care facility
37licensed as a short-term residential treatment center, as defined in
38subdivision (ad) of Section 11400, provided the case plan indicates
39that the placement is for the purposes of providing short-term,
40specialized, and intensive treatment for the minor, the case plan
P76   1specifies the need for, nature of, and anticipated duration of this
2treatment, and the case plan includes transitioning the minor to a
3less restrictive environment and the projected timeline by which
4the minor will be transitioned to a less restrictive environment.

5(e) Effective January 1, 2010, a case plan shall ensure the
6educational stability of the child while in foster care and shall
7include both of the following:

8(1) Assurances that the placement takes into account the
9appropriateness of the current educational setting and the proximity
10to the school in which the child is enrolled at the time of placement.

11(2) An assurance that the placement agency has coordinated
12with appropriate local educational agencies to ensure that the child
13remains in the school in which the child is enrolled at the time of
14placement, or, if remaining in that school is not in the best interests
15of the child, assurances by the placement agency and the local
16educational agency to provide immediate and appropriate
17enrollment in a new school and to provide all of the child’s
18educational records to the new school.

19(f) Specific time-limited goals and related activities designed
20to enable the safe return of the minor to his or her home, or in the
21event that return to his or her home is not possible, activities
22designed to result in permanent placement or emancipation.
23Specific responsibility for carrying out the planned activities shall
24be assigned to one or more of the following:

25(1) The probation department.

26(2) The minor’s parent or parents or legal guardian or guardians,
27as applicable.

28(3) The minor.

29(4) The foster parents or licensed agency providing foster care.

30(g) The projected date of completion of the case plan objectives
31and the date services will be terminated.

32(h) (1) Scheduled visits between the minor and his or her family
33and an explanation if no visits are made.

34(2) Whether the child has other siblings, and, if any siblings
35exist, all of the following:

36(A) The nature of the relationship between the child and his or
37her siblings.

38(B) The appropriateness of developing or maintaining the sibling
39relationships pursuant to Section 16002.

P77   1(C) If the siblings are not placed together in the same home,
2why the siblings are not placed together and what efforts are being
3made to place the siblings together, or why those efforts are not
4appropriate.

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

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

7(ii) If there are visits between the siblings, whether the visits
8are supervised or unsupervised. If the visits are supervised, a
9discussion of the reasons why the visits are supervised, and what
10needs to be accomplished in order for the visits to be unsupervised.

11(iii) If there are visits between the siblings, a description of the
12location and length of the visits.

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

14(E) The impact of the sibling relationships on the child’s
15placement and planning for legal permanence.

16(F) The continuing need to suspend sibling interaction, if
17applicable, pursuant to subdivision (c) of Section 16002.

18(3) The factors the court may consider in making a determination
19regarding the nature of the child’s sibling relationships may
20include, but are not limited to, whether the siblings were raised
21together in the same home, whether the siblings have shared
22significant common experiences or have existing close and strong
23 bonds, whether either sibling expresses a desire to visit or live with
24his or her sibling, as applicable, and whether ongoing contact is
25in the child’s best emotional interests.

26(i) (1) When placement is made in a foster family home, group
27home, or other child care institution that is either a substantial
28distance from the home of the minor’s parent or legal guardian or
29out of state, the case plan shall specify the reasons why the
30placement is the most appropriate and is in the best interest of the
31minor.

32(2) When an out-of-state group home placement is recommended
33or made, the case plan shall comply with Section 727.1 of this
34code and Section 7911.1 of the Family Code. In addition,
35documentation of the recommendation of the multidisciplinary
36team and the rationale for this particular placement shall be
37included. The case plan shall also address what in-state services
38or facilities were used or considered and why they were not
39recommended.

P78   1(j) If applicable, efforts to make it possible to place siblings
2together, unless it has been determined that placement together is
3not in the best interest of one or more siblings.

4(k) A schedule of visits between the minor and the probation
5officer, including a monthly visitation schedule for those children
6placed in group homes.

7(l) Health and education information about the minor, school
8records, immunizations, known medical problems, and any known
9medications the minor may be taking, names and addresses of the
10minor’s health and educational providers; the minor’s grade level
11performance; assurances that the minor’s placement in foster care
12takes into account proximity to the school in which the minor was
13enrolled at the time of placement; and other relevant health and
14educational information.

15(m) When out-of-home services are used and the goal is
16reunification, the case plan shall describe the services that were
17provided to prevent removal of the minor from the home, those
18services to be provided to assist in reunification and the services
19to be provided concurrently to achieve legal permanency if efforts
20to reunify fail.

21(n) (1) The updated case plan prepared for a permanency
22planning hearing shall include a recommendation for a permanent
23plan for the minor. The identified permanent plan for a minor under
2416 years of age shall be return home, adoption, legal guardianship,
25or placement with a fit and willing relative. The case plan shall
26identify any barriers to achieving legal permanence and the steps
27the agency will take to address those barriers.

28(2) If, after considering reunification, adoptive placement, legal
29guardianship, or permanent placement with a fit and willing relative
30the probation officer recommends placement in a planned
31permanent living arrangement for a minor 16 years of age or older,
32the case plan shall include documentation of a compelling reason
33or reasons why termination of parental rights is not in the minor’s
34best interest. For purposes of this subdivision, a “compelling
35reason” shall have the same meaning as in subdivision (c) of
36Section 727.3. The case plan shall also identify the intensive and
37ongoingbegin delete effortsend deletebegin insert efforts, including the provision of child-centered
38specialized permanency services, as described Section 11400,end insert
to
39return the minor to the home of the parent, place the minor for
40adoption, establish a legal guardianship, or place the minor with
P79   1a fit and willing relative, as appropriate. Efforts shall include the
2use of technology, including social media, to find biological family
3members of the minor.

4(o) Each updated case plan shall include a description of the
5services that have been provided to the minor under the plan and
6an evaluation of the appropriateness and effectiveness of those
7services.

8(p) A statement that the parent or legal guardian, and the minor
9have had an opportunity to participate in the development of the
10case plan, to review the case plan, to sign the case plan, and to
11receive a copy of the plan, or an explanation about why the parent,
12legal guardian, or minor was not able to participate or sign the case
13plan.

14(q) For a minor in out-of-home care who is 16 years of age or
15older, a written description of the programs and services, which
16will help the minor prepare for the transition from foster care to
17successful adulthood.

18

SEC. 12.  

Section 727.2 of the Welfare and Institutions Code
19 is amended to read:

20

727.2.  

The purpose of this section is to provide a means to
21monitor the safety and well-being of every minor in foster care
22who has been declared a ward of the juvenile court pursuant to
23Section 601 or 602 and to ensure that everything reasonably
24possible is done to facilitate the safe and early return of the minor
25to his or her home or to establish an alternative permanent plan
26for the minor.

27(a) If the court orders the care, custody, and control of the minor
28to be under the supervision of the probation officer for placement
29pursuant to subdivision (a) of Section 727, the juvenile court shall
30order the probation department to ensure the provision of
31reunification services to facilitate the safe return of the minor to
32his or her home or the permanent placement of the minor, and to
33address the needs of the minor while in foster care, except as
34provided in subdivision (b).

35(b) Reunification services need not be provided to a parent or
36legal guardian if the court finds by clear and convincing evidence
37that one or more of the following is true:

38(1) Reunification services were previously terminated for that
39parent or guardian, pursuant to Section 366.21, 366.22, or 366.25,
P80   1or not offered, pursuant to subdivision (b) of Section 361.5, in
2reference to the same minor.

3(2) The parent has been convicted of any of the following:

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

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

6(C) Aiding or abetting, attempting, conspiring, or soliciting to
7commit that murder or manslaughter described in subparagraph
8(A) or (B).

9(D) A felony assault that results in serious bodily injury to the
10minor or another child of the parent.

11(3) The parental rights of the parent with respect to a sibling
12have been terminated involuntarily, and it is not in the best interest
13of the minor to reunify with his or her parent or legal guardian.

14If no reunification services are offered to the parent or guardian,
15the permanency planning hearing, as described in Section 727.3,
16shall occur within 30 days of the date of the hearing at which the
17decision is made not to offer services.

18(c) The status of every minor declared a ward and ordered to
19be placed in foster care shall be reviewed by the court no less
20frequently than once every six months. The six-month time periods
21shall be calculated from the date the minor entered foster care, as
22defined in paragraph (4) of subdivision (d) of Section 727.4. If the
23court so elects, the court may declare the hearing at which the court
24orders the care, custody, and control of the minor to be under the
25supervision of the probation officer for foster care placement
26pursuant to subdivision (a) of Section 727 at the first status review
27hearing. It shall be the duty of the probation officer to prepare a
28written social study report including an updated case plan, pursuant
29to subdivision (b) of Section 706.5, and submit the report to the
30court prior to each status review hearing, pursuant to subdivision
31(b) of Section 727.4. The social study report shall include all
32reports the probation officer relied upon in making his or her
33recommendations.

34(d) Prior to any status review hearing involving a minor in the
35physical custody of a community care facility or foster family
36agency, the facility or agency may provide the probation officer
37with a report containing its recommendations. Prior to any status
38review hearing involving the physical custody of a foster parent,
39relative caregiver, preadoptive parent, or legal guardian, that person
40may present to the court a report containing his or her
P81   1recommendations. The court shall consider all reports and
2recommendations filed pursuant to subdivision (c) and pursuant
3to this subdivision.

4(e) At any status review hearing prior to the first permanency
5planning hearing, the court shall consider the safety of the minor
6and make findings and orders which determine the following:

7(1) The continuing necessity for and appropriateness of the
8placement.

9(2) The extent of the probation department’s compliance with
10the case plan in making reasonable efforts, or in the case of a child
1116 years of age or older with another planned permanent living
12arrangement, the ongoing and intensivebegin delete effortsend deletebegin insert efforts, including
13provision of child-centered specialized permanency services, as
14defined in Section 11400, end insert
to safely return the minor to the minor’s
15home or to complete whatever steps are necessary to finalize the
16permanent placement of the minor.

17(3) Whether there should be any limitation on the right of the
18parent or guardian to make educational decisions for the minor.
19That limitation shall be specifically addressed in the court order
20and may not exceed what is necessary to protect the minor. If the
21 court specifically limits the right of the parent or guardian to make
22educational decisions for the minor, the court shall at the same
23time appoint a responsible adult to make educational decisions for
24the minor pursuant to Section 726.

25(4) The extent of progress that has been made by the minor and
26parent or guardian toward alleviating or mitigating the causes
27necessitating placement in foster care.

28(5) The likely date by which the minor may be returned to and
29safely maintained in the home or placed for adoption, appointed
30a legal guardian, permanently placed with a fit and willing relative,
31or, if the minor is 16 years of age or older, referred to another
32planned permanent livingbegin delete arrangement.end deletebegin insert arrangement with the
33 provision of child-centered specialized permanency services, as
34defined in Section 11400.end insert

35(6) In the case of a minor who has reached 16 years of age, the
36court shall, in addition, determine the services needed to assist the
37minor to make the transition from foster care to successful
38adulthood.

P82   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
P83   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
11 to 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
21pursuant 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.

32

SEC. 13.  

Section 727.3 of the Welfare and Institutions Code
33 is amended to read:

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.

P84   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
35to successful adulthood. The court shall make all of these
36determinations on a case-by-case basis and make reference to the
37probation officer’s report, the case plan, or other evidence relied
38upon in making its decisions.

P85   1(5) When the minor is 16 years of age or older, and is in another
2planned permanent living arrangement, the court, at each
3permanency planning hearing, shall do all of the following:

4(A) Ask the minor about his or her desired permanency outcome.

begin insert

5(B) Review documentation of intensive and ongoing efforts,
6including the provision of child-centered specialized permanency
7services, as defined in Section 11400, to place the child in a
8permanent family.

end insert
begin delete

9(B)

end delete

10begin insert(C)end insert Make a judicial determination explaining why, as of the
11hearing date, another planned permanent living arrangement is the
12best permanency plan for the minor.

begin delete

13(C)

end delete

14begin insert(D)end insert State for the record the compelling reason or reasons why
15it continues not to be in the best interest of the minor to return
16home, be placed for adoption, be placed with a legal guardian, or
17be placed with a fit and willing relative.

18(b) At all permanency planning hearings, the court shall
19determine the permanent plan for the minor. The court shall order
20one of the following permanent plans, which are, in order of
21priority:

22(1) Return of the minor to the physical custody of the parent or
23legal guardian. After considering the admissible and relevant
24evidence, the court shall order the return of the minor to the
25physical custody of his or her parent or legal guardian unless:

26(A) Reunification services were not offered, pursuant to
27subdivision (b) of Section 727.2.

28(B) The court finds, by a preponderance of the evidence, that
29the return of the minor to his or her parent or legal guardian would
30create a substantial risk of detriment to the safety, protection, or
31physical or emotional well-being of the minor. The probation
32department shall have the burden of establishing that detriment.
33In making its determination, the court shall review and consider
34the social study report and recommendations pursuant to Section
35706.5, the report and recommendations of any child advocate
36appointed for the minor in the case, and any other reports submitted
37pursuant to paragraph (2) of subdivision (a), and shall consider
38the efforts or progress, or both, demonstrated by the minor and
39family and the extent to which the minor availed himself or herself
40of the services provided.

P86   1(2) Order that the permanent plan for the minor will be to return
2the minor to the physical custody of the parent or legal guardian,
3order further reunification services to be provided to the minor
4and his or her parent or legal guardian for a period not to exceed
5six months and continue the case for up to six months for a
6subsequent permanency planning hearing, provided that the
7subsequent hearing shall occur within 18 months of the date the
8minor was originally taken from the physical custody of his or her
9parent or legal guardian. The court shall continue the case only if
10it finds that there is a substantial probability that the minor will be
11returned to the physical custody of his or her parent or legal
12guardian and safely maintained in the home within the extended
13period of time or that reasonable services have not been provided
14to the parent or guardian. For purposes of this section, in order to
15find that there is a substantial probability that the minor will be
16returned to the physical custody of his or her parent or legal
17guardian, the court shall be required to find that the minor and his
18or her parent or legal guardian have demonstrated the capacity and
19ability to complete the objectives of the case plan.

20The court shall inform the parent or legal guardian that if the
21minor cannot be returned home by the next permanency planning
22hearing, a proceeding pursuant to Section 727.31 may be initiated.

23The court shall not continue the case for further reunification
24services if it has been 18 months or more since the date the minor
25was originally taken from the physical custody of his or her parent
26or legal guardian.

27(3) Identify adoption as the permanent plan and order that a
28hearing be held within 120 days, pursuant to the procedures
29described in Section 727.31. The court shall only set a hearing
30pursuant to Section 727.31 if there is clear and convincing evidence
31that reasonable services have been provided or offered to the
32parents. When the court sets a hearing pursuant to Section 727.31,
33it shall order that an adoption assessment report be prepared,
34pursuant to subdivision (b) of Section 727.31.

35(4) Order a legal guardianship, pursuant to procedures described
36in subdivisions (c) to (f), inclusive, of Section 728.

37(5) Place the minor with a fit and willing relative. “Placement
38with a fit and willing relative” means placing the minor with an
39appropriate approved relative who is willing to provide a permanent
40and stable home for the minor, but is unable or unwilling to become
P87   1the legal guardian. When a minor is placed with a fit and willing
2relative, the court may authorize the relative to provide the same
3legal consent for the minor’s medical, surgical, and dental care,
4and education as the custodial parent of the minor.

5(6) (A) If he or she is 16 years of age or older, place the minor
6in another planned permanent living arrangement. For purposes
7of this section, “planned permanent living arrangement” means
8any permanent living arrangement described in Section 11402 that
9is ordered by the court for a minor 16 years of age or older when
10there is a compelling reason or reasons to determine that it is not
11in the best interest of the minor to have any permanent plan listed
12in paragraphs (1) to (5), inclusive. These plans include, but are not
13limited to, placement in a specific, identified foster family home,
14program, or facility on a permanent basis, or placement in a
15transitional housing placement facility. When the court places a
16minor in a planned permanent living arrangement, the court shall
17specify the goal of the placement, which may include, but shall
18not be limited to, return home, emancipation, guardianship, or
19permanent placement with a relative.

20The court shall only order that the minor remain in a planned
21permanent living arrangement if the court finds by clear and
22convincing evidence, based upon the evidence already presented
23to it that there is a compelling reason, as defined in subdivision
24(c), for determining that a plan of termination of parental rights
25and adoption is not in the best interest of the minor.begin insert If the court
26orders that the minor remain in another planned permanent living
27arrangement, the court shall order the provision of child-centered
28permanency services, as defined in Section 11400, and that the
29appropriateness of the child’s continuation in a planned permanent
30living arrangement be assessed again at the neend insert
begin insertxt permanency
31planning hearing.end insert

32(B) If the minor is under 16 years of age and the court finds by
33clear and convincing evidence, based upon the evidence already
34presented to it, that there is a compelling reason, as defined in
35subdivision (c), for determining that a plan of termination of
36parental rights and adoption is not in the best interest of the minor
37as of the hearing date, the court shall order the minor to remain in
38a foster care placement with a permanent plan of return home,
39 adoption, legal guardianship, or placement with a fit and willing
40relative, as appropriate. The court shall make factual findings
P88   1identifying any barriers to achieving the permanent plan as of the
2hearingbegin delete date.end deletebegin insert date and shall order the provision of child-centered
3specialized permanency services unless the minor is currently
4placed with a fit and willing relative.end insert

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

8(1) Documentation by the probation department that adoption
9is notbegin insert currentlyend insert in the best interest of the minor and is notbegin insert currentlyend insert
10 an appropriate permanency goal. That documentation may include,
11but is not limited to, documentation that:

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

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

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

30(D) The minor agrees to continued placement in a residential
31treatment facility that provides services specifically designed to
32address the minor’s treatment needs,begin insert including child-centered
33specialized permanency services, as defined in Section 11400,end insert
and
34the minor’s needs could not be served by a less restrictive
35placement.

36The probation department’s recommendation that adoption is
37not in the best interest of the minor shall be based on the present
38family circumstances of the minor and shall not preclude a different
39recommendation at a later date if the minor’s family circumstances
40change.

P89   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 in a 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.

33

SEC. 14.  

Section 11400 of the Welfare and Institutions Code
34 is amended to read:

35

11400.  

For purposes of this article, the following definitions
36shall apply:

37(a) “Aid to Families with Dependent Children-Foster Care
38(AFDC-FC)” means the aid provided on behalf of needy children
39in foster care under the terms of this division.

P90   1(b) “Case plan” means a written document that, at a minimum,
2specifies the type of home in which the child shall be placed, the
3safety of that home, and the appropriateness of that home to meet
4the child’s needs. It shall also include the agency’s plan for
5ensuring that the child receive proper care and protection in a safe
6environment, and shall set forth the appropriate services to be
7provided to the child, the child’s family, and the foster parents, in
8order to meet the child’s needs while in foster care, and to reunify
9the child with the child’s family. In addition, the plan shall specify
10the services that will be provided or steps that will be taken to
11facilitate an alternate permanent plan if reunification is not possible.

12(c) “Certified family home” means a family residence certified
13by a licensed foster family agency and issued a certificate of
14approval by that agency as meeting licensing standards, and used
15only by that foster family agency for placements.

16(d) “Family home” means the family residence of a licensee in
17which 24-hour care and supervision are provided for children.

18(e) “Small family home” means any residential facility, in the
19licensee’s family residence, which provides 24-hour care for six
20or fewer foster children who have mental disorders or
21developmental or physical disabilities and who require special care
22and supervision as a result of their disabilities.

23(f) “Foster care” means the 24-hour out-of-home care provided
24to children whose own families are unable or unwilling to care for
25them, and who are in need of temporary or long-term substitute
26parenting.

27(g) “Foster family agency” means a licensed community care
28facility, as defined in paragraph (4) of subdivision (a) of Section
291502 of the Health and Safety Code. Private foster family agencies
30shall be organized and operated on a nonprofit basis.

31(h) “Group home” means a nondetention privately operated
32residential home, organized and operated on a nonprofit basis only,
33of any capacity, or a nondetention licensed residential care home
34operated by the County of San Mateo with a capacity of up to 25
35beds, that accepts children in need of care and supervision in a
36group home, as defined by paragraph (13) of subdivision (a) of
37Section 1502 of the Health and Safety Code.

38(i) “Periodic review” means review of a child’s status by the
39juvenile court or by an administrative review panel, that shall
40include a consideration of the safety of the child, a determination
P91   1of the continuing need for placement in foster care, evaluation of
2the goals for the placement and the progress toward meeting these
3goals, and development of a target date for the child’s return home
4or establishment of alternative permanent placement.

5(j) “Permanency planning hearing” means a hearing conducted
6by the juvenile court in which the child’s future status, including
7whether the child shall be returned home or another permanent
8plan shall be developed, is determined.

9(k) “Placement and care” refers to the responsibility for the
10welfare of a child vested in an agency or organization by virtue of
11the agency or organization having (1) been delegated care, custody,
12and control of a child by the juvenile court, (2) taken responsibility,
13pursuant to a relinquishment or termination of parental rights on
14a child, (3) taken the responsibility of supervising a child detained
15by the juvenile court pursuant to Section 319 or 636, or (4) signed
16a voluntary placement agreement for the child’s placement; or to
17the responsibility designated to an individual by virtue of his or
18her being appointed the child’s legal guardian.

19(l) “Preplacement preventive services” means services that are
20designed to help children remain with their families by preventing
21or eliminating the need for removal.

22(m) “Relative” means an adult who is related to the child by
23blood, adoption, or affinity within the fifth degree of kinship,
24including stepparents, stepsiblings, and all relatives whose status
25is preceded by the words “great,” “great-great,” or “grand” or the
26spouse of any of these persons even if the marriage was terminated
27by death or dissolution.

28(n) “Nonrelative extended family member” means an adult
29caregiver who has an established familial or mentoring relationship
30with the child, as described in Section 362.7.

31(o) “Voluntary placement” means an out-of-home placement
32of a child by (1) the county welfare department, probation
33department, or Indian tribe that has entered into an agreement
34pursuant to Section 10553.1, after the parents or guardians have
35requested the assistance of the county welfare department and have
36signed a voluntary placement agreement; or (2) the county welfare
37department licensed public or private adoption agency, or the
38department acting as an adoption agency, after the parents have
39requested the assistance of either the county welfare department,
40the licensed public or private adoption agency, or the department
P92   1acting as an adoption agency for the purpose of adoption planning,
2and have signed a voluntary placement agreement.

3(p) “Voluntary placement agreement” means a written agreement
4between either the county welfare department, probation
5department, or Indian tribe that has entered into an agreement
6pursuant to Section 10553.1, licensed public or private adoption
7agency, or the department acting as an adoption agency, and the
8parents or guardians of a child that specifies, at a minimum, the
9following:

10(1) The legal status of the child.

11(2) The rights and obligations of the parents or guardians, the
12child, and the agency in which the child is placed.

13(q) “Original placement date” means the most recent date on
14which the court detained a child and ordered an agency to be
15responsible for supervising the child or the date on which an agency
16assumed responsibility for a child due to termination of parental
17rights, relinquishment, or voluntary placement.

18(r) (1) “Transitional housing placement provider” means an
19organization licensed by the State Department of Social Services
20pursuant to Section 1559.110 of the Health and Safety Code, to
21provide transitional housing to foster children at least 16 years of
22age and not more than 18 years of age, and nonminor dependents,
23as defined in subdivision (v). A transitional housing placement
24provider shall be privately operated and organized on a nonprofit
25basis.

26(2) Prior to licensure, a provider shall obtain certification from
27the applicable county, in accordance with Section 16522.1.

28(s) “Transitional Housing Program-Plus” means a provider
29certified by the applicable county, in accordance with subdivision
30(c) of Section 16522, to provide transitional housing services to
31former foster youth who have exited the foster care system on or
32after their 18th birthday.

33(t) “Whole family foster home” means a new or existing family
34home, approved relative caregiver or nonrelative extended family
35member’s home, the home of a nonrelated legal guardian whose
36guardianship was established pursuant to Section 360 or 366.26,
37certified family home, or a host family home placement of a
38transitional housing placement provider, that provides foster care
39for a minor or nonminor dependent parent and his or her child,
40and is specifically recruited and trained to assist the minor or
P93   1nonminor dependent parent in developing the skills necessary to
2provide a safe, stable, and permanent home for his or her child.
3The child of the minor or nonminor dependent parent need not be
4the subject of a petition filed pursuant to Section 300 to qualify
5for placement in a whole family foster home.

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

7(1) A written voluntary agreement of consent for continued
8placement and care in a supervised setting between a minor or, on
9and after January 1, 2012, a nonminor dependent, and the county
10welfare services or probation department or tribal agency
11responsible for the foster care placement, that documents the
12nonminor’s continued willingness to remain in supervised
13out-of-home placement under the placement and care of the
14responsible county, tribe, consortium of tribes, or tribal
15organization that has entered into an agreement with the state
16pursuant to Section 10553.1, remain under the jurisdiction of the
17juvenile court as a nonminor dependent, and report any change of
18circumstances relevant to continued eligibility for foster care
19payments, and that documents the nonminor’s and social worker’s
20or probation officer’s agreement to work together to facilitate
21implementation of the mutually developed supervised placement
22agreement and transitional independent living case plan.

23(2) An agreement, as described in paragraph (1), between a
24nonminor former dependent or ward in receipt of Kin-GAP
25payments under Article 4.5 (commencing with Section 11360) or
26Article 4.7 (commencing with Section 11385), and the agency
27responsible for the Kin-GAP benefits, provided that the nonminor
28former dependent or ward satisfies the conditions described in
29Section 11403.01, or one or more of the conditions described in
30paragraphs (1) to (5), inclusive, of subdivision (b) of Section
3111403. For purposes of this paragraph and paragraph (3),
32“nonminor former dependent or ward” has the same meaning as
33described in subdivision (aa).

34(3) An agreement, as described in paragraph (1), between a
35nonminor former dependent or ward in receipt of AFDC-FC
36payments under subdivision (e) or (f) of Section 11405 and the
37agency responsible for the AFDC-FC benefits, provided that the
38nonminor former dependent or ward described in subdivision (e)
39of Section 11405 satisfies one or more of the conditions described
40in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
P94   111403, and the nonminor described in subdivision (f) of Section
211405 satisfies the secondary school or equivalent training or
3certificate program conditions described in that subdivision.

4(v) “Nonminor dependent” means, on and after January 1, 2012,
5a foster child, as described in Section 675(8)(B) of Title 42 of the
6United States Code under the federal Social Security Act who is
7a current dependent child or ward of the juvenile court, or who is
8a nonminor under the transition jurisdiction of the juvenile court,
9as described in Section 450, and who satisfies all of the following
10criteria:

11(1) He or she has attained 18 years of age while under an order
12of foster care placement by the juvenile court, and is not more than
1319 years of age on or after January 1, 2012, not more than 20 years
14of age on or after January 1, 2013, or not more than 21 years of
15age on or after January 1, 2014, and as described in Section
1610103.5.

17(2) He or she is in foster care under the placement and care
18responsibility of the county welfare department, county probation
19department, Indian tribe, consortium of tribes, or tribal organization
20that entered into an agreement pursuant to Section 10553.1.

21(3) He or she has a transitional independent living case plan
22pursuant to Section 475(8) of the federal Social Security Act (42
23U.S.C. Sec. 675(8)), as contained in the federal Fostering
24Connections to Success and Increasing Adoptions Act of 2008
25(Public Law 110-351), as described in Section 11403.

26(w) “Supervised independent living placement” means, on and
27after January 1, 2012, an independent supervised setting, as
28specified in a nonminor dependent’s transitional independent living
29case plan, in which the youth is living independently, pursuant to
30Section 472(c)(2) of the federal Social Security Act (42 U.S.C.
31Sec. 672(c)(2)).

32(x) “Supervised independent living setting,” pursuant to Section
33472(c)(2) of the federal Social Security Act (42 U.S.C. Sec.
34672(c)(2)), includes both a supervised independent living
35placement, as defined in subdivision (w), and a residential housing
36unit certified by the transitional housing placement provider
37operating a Transitional Housing Placement-Plus Foster Care
38program, as described in paragraph (2) of subdivision (a) of Section
3916522.1.

P95   1(y) “Transitional independent living case plan” means, on or
2after January 1, 2012, a child’s case plan submitted for the last
3review hearing held before he or she reaches 18 years of age or
4the nonminor dependent’s case plan, updated every six months,
5that describes the goals and objectives of how the nonminor will
6make progress in the transition to living independently and assume
7incremental responsibility for adult decisionmaking, the
8collaborative efforts between the nonminor and the social worker,
9probation officer, or Indian tribal placing entity and the supportive
10services as described in the transitional independent living plan
11(TILP) to ensure active and meaningful participation in one or
12more of the eligibility criteria described in paragraphs (1) to (5),
13inclusive, of subdivision (b) of Section 11403, the nonminor’s
14appropriate supervised placement setting, and the nonminor’s
15permanent plan for transition to living independently, which
16includes maintaining or obtaining permanent connections to caring
17and committed adults, as set forth inbegin delete paragraph (16) of subdivision
18(f)end delete
begin insert paragraphs (16) and (17) of subdivision (g)end insert of Section 16501.1.

19(z) “Voluntary reentry agreement” means a written voluntary
20agreement between a former dependent child or ward or a former
21nonminor dependent, who has had juvenile court jurisdiction
22terminated pursuant to Section 391, 452, or 607.2, and the county
23welfare or probation department or tribal placing entity that
24documents the nonminor’s desire and willingness to reenter foster
25care, to be placed in a supervised setting under the placement and
26care responsibility of the placing agency, the nonminor’s desire,
27willingness, and ability to immediately participate in one or more
28of the conditions of paragraphs (1) to (5), inclusive, of subdivision
29(b) of Section 11403, the nonminor’s agreement to work
30collaboratively with the placing agency to develop his or her
31transitional independent living case plan within 60 days of reentry,
32the nonminor’s agreement to report any changes of circumstances
33relevant to continued eligibility for foster care payments, and (1)
34the nonminor’s agreement to participate in the filing of a petition
35for juvenile court jurisdiction as a nonminor dependent pursuant
36to subdivision (e) of Section 388 within 15 judicial days of the
37signing of the agreement and the placing agency’s efforts and
38supportive services to assist the nonminor in the reentry process,
39 or (2) if the nonminor meets the definition of a nonminor former
40dependent or ward, as described in subdivision (aa), the nonminor’s
P96   1agreement to return to the care and support of his or her former
2juvenile court-appointed guardian and meet the eligibility criteria
3for AFDC-FC pursuant to subdivision (e) of Section 11405.

4(aa) “Nonminor former dependent or ward” means, on and after
5January 1, 2012, either of the following:

6(1) A nonminor who reached 18 years of age while subject to
7an order for foster care placement, and for whom dependency,
8delinquency, or transition jurisdiction has been terminated, and
9who is still under the general jurisdiction of the court.

10(2) A nonminor who is over 18 years of age and, while a minor,
11was a dependent child or ward of the juvenile court when the
12guardianship was established pursuant to Section 360 or 366.26,
13or subdivision (d), of Section 728 and the juvenile court
14dependency or wardship was dismissed following the establishment
15of the guardianship.

16(ab) “Runaway and homeless youth shelter” means a type of
17group home, as defined in paragraph (14) of subdivision (a) of
18Section 1502 of the Health and Safety Code, that is not an eligible
19placement option under Sections 319, 361.2, 450, and 727, and
20that is not eligible for AFDC-FC funding pursuant to subdivision
21(c) of Section 11402 or Section 11462.

22(ac) “Transition dependent” is a minor between 17 years and
23five months and 18 years of age who is subject to the court’s
24transition jurisdiction under Section 450.

25(ad) “Short-term residential treatment center” means a
26nondetention, licensed community care facility, as defined in
27paragraph (18) of subdivision (a) of Section 1502 of the Health
28and Safety Code, that provides short-term, specialized, and
29intensive treatment for the child or youth, when the child’s or
30youth’s case plan specifies the need for, nature of, and anticipated
31duration of this specialized treatment.

32(ae) “Resource family” means an approved caregiver, as defined
33in subdivision (c) of Section 16519.5.

34(af) “Core Services” mean services, made available to children,
35youth, and nonminor dependents either directly or secured through
36formal agreement with other agencies, which are trauma informed
37and culturally relevant as specified in Sections 11462 and 11463.

begin insert

38(ag) “Child-centered specialized permanency services” means
39services designed for, and with, the child to address the child’s
40history of trauma, separation, and loss. Those services shall include
P97   1mental health services, as necessary, or other services that are
2needed to ameliorate impairments in significant areas of life
3functioning that may reduce the likelihood of the child achieving
4a permanent family. These services shall utilize family finding and
5engagement, including, but not limited to, using search technology
6and social media to locate family members, and child-specific
7recruitment to assist the child in achieving a permanent family
8through reunification, adoption, legal guardianship, or other
9lifelong connections to caring adults, including at least one adult
10who will provide a permanent, parent-like relationship for that
11child. These services include services designed to prepare the
12permanent family to meet the child’s needs, set appropriate
13expectations for before and after permanency, and stabilize the
14placement.

end insert
15

SEC. 15.  

Section 16501 of the Welfare and Institutions Code
16 is amended to read:

17

16501.  

(a) (1) As used in this chapter, “child welfare services”
18means public social services that are directed toward the
19accomplishment of any or all of the following purposes: protecting
20and promoting the welfare of all children, including disabled,
21homeless, dependent, or neglected children; preventing or
22remedying, or assisting in the solution of problems which may
23result in, the neglect, abuse, exploitation, or delinquency of
24children; preventing the unnecessary separation of children from
25their families by identifying family problems, assisting families
26in resolving their problems, and preventing breakup of the family
27where the prevention of child removal is desirable and possible;
28restoring to their families children who have been removed, by
29the provision of services to the child and the families; identifying
30children to be placed in suitable adoptive homes, in cases where
31restoration to the biological family is not possible or appropriate;
32and ensuring adequate care of children away from their homes, in
33cases where the child cannot be returned home or cannot be placed
34for adoption.

35(2) “Child welfare services” also means services provided on
36behalf of children alleged to be the victims of child abuse, neglect,
37or exploitation. The child welfare services provided on behalf of
38each child represent a continuum of services, including emergency
39response services, family preservation services, family maintenance
40services, family reunification services, and permanent placement
P98   1services, including supportive transition services. The individual
2child’s case plan is the guiding principle in the provision of these
3services. The case plan shall be developed within a maximum of
460 days of the initial removal of the child or of the in-person
5response required under subdivision (f) if the child has not been
6removed from his or her home, or by the date of the dispositional
7hearing pursuant to Section 358, whichever comes first.

8(3) “Child welfare services” are best provided in a framework
9that integrates service planning and delivery among multiple
10service systems, including the mental health system, using a
11team-based approach, such as a child and family team. A child
12and family team brings together individuals that engage with the
13child or youth and family in assessing, planning, and delivering
14services consistent with paragraph (1) of subdivision (d) of Section
1516501.1. Use of a team approach increases efficiency, and thus
16reduces cost, by increasing coordination of formal services and
17integrating the natural and informal supports available to the child
18or youth and family.

19(4) “Child and family team” means a group of individuals who
20are convened by the placing agency and who are engaged through
21a variety of team-based processes to identify the strengths and
22needs of the child or youth and his or her family, and to help
23achieve positive outcomes for safety, permanency, and well-being.

24(A) The activities of the team shall include, but not be limited
25to, both of the following:

26(i) Providing input into the development of a child and family
27plan that is strengths-based, needs-driven, and culturally relevant.

28(ii) Providing input into the placement decision made by the
29placing agency and the services to be provided in order to support
30the child or youth.

31(B)  The child and family team process shall engage the child
32or youth, the child’s family, and other people important to the
33family or to the child or youth in meeting the objectives set forth
34in subparagraph (A). The child and family team shall also include
35representatives who provide formal supports to the child or youth
36and family when appropriate, including, but not limited to, the
37caregiver, the placing agency caseworker, a representative from a
38foster family agency or short-term residential treatment center with
39which a child or youth is placed, a county mental health
40representative, a representative from the regional center when the
P99   1child is eligible for regional center service, and a representative
2of the child’s or youth’s tribe or Indian custodian, as applicable.
3As appropriate, the child and family team also may include other
4formal supports, such as substance use disorder treatment
5professionals and educational professionals, providing services to
6the child or youth and family. For purposes of this definition, the
7child and family team also may include extended family and
8informal support persons, such as friends, coaches, faith-based
9connections, and tribes as identified by the child or youth and
10family. If placement into a short-term residential treatment center
11or a foster family agency that provides treatment services has
12occurred or is being considered, the mental health representative
13is required to be a licensed mental health professional. Any party
14to the child’s case who is represented by an attorney may consult
15with his or her attorney regarding this process. The child or youth
16and his or her family may request specific persons to be included
17on the child and family team. Nothing shall preclude another
18agency serving the child or youth from convening a team in
19collaboration with the placing agency.

20(5) Child welfare services may include, but are not limited to,
21a range of service-funded activities, including case management,
22counseling, emergency shelter care, emergency in-home caretakers,
23temporary in-home caretakers, respite care, therapeutic day
24services, teaching and demonstrating homemakers, parenting
25training, substance abuse testing, and transportation. These
26service-funded activities shall be available to children and their
27families in all phases of the child welfare program in accordance
28with the child’s case plan and departmental regulations. Funding
29for services is limited to the amount appropriated in the annual
30Budget Act and other available county funds.

31(6) Service-funded activities to be provided may be determined
32by each county, based upon individual child and family needs as
33reflected in the service plan.

34(7) As used in this chapter, “emergency shelter care” means
35emergency shelter provided to children who have been removed
36pursuant to Section 300 from their parent or parents or their
37guardian or guardians. The department may establish, by
38regulation, the time periods for which emergency shelter care shall
39be funded. For the purposes of this paragraph, “emergency shelter
40care” may include “transitional shelter care facilities” as defined
P100  1in paragraph (11) of subdivision (a) of Section 1502 of the Health
2and Safety Code.

3(b) As used in this chapter, “respite care” means temporary care
4for periods not to exceed 72 hours, and, in order to preserve the
5placement, may be extended up to 14 days in any one month
6pending the development of policies and regulations in consultation
7with county placing agencies and stakeholders. This care may be
8provided to the child’s parents or guardians. This care shall not be
9limited by regulation to care over 24 hours. These services shall
10not be provided for the purpose of routine, ongoing child care.

11(c) The county shall provide child welfare services as needed
12pursuant to an approved service plan and in accordance with
13regulations promulgated, in consultation with the counties, by the
14department. Counties may contract for service-funded activities
15as defined in paragraph (1) of subdivision (a). Counties shall not
16contract for needs assessment, client eligibility determination, or
17any other activity as specified by regulations of the State
18Department of Social Services, except as specifically authorized
19in Section 16100.

20(d) Nothing in this chapter shall be construed to affect duties
21which are delegated to probation officers pursuant to Sections 601
22and 654.

23(e) Any county may utilize volunteer individuals to supplement
24professional child welfare services by providing ancillary support
25services in accordance with regulations adopted by the State
26Department of Social Services.

27(f) As used in this chapter, emergency response services consist
28of a response system providing in-person response, 24 hours a day,
29seven days a week, to reports of abuse, neglect, or exploitation, as
30required by Article 2.5 (commencing with Section 11164) of
31Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of
32investigation pursuant to Section 11166 of the Penal Code and to
33determine the necessity for providing initial intake services and
34crisis intervention to maintain the child safely in his or her own
35home or to protect the safety of the child. County welfare
36departments shall respond to any report of imminent danger to a
37child immediately and all other reports within 10 calendar days.
38An in-person response is not required when the county welfare
39department, based upon an evaluation of risk, determines that an
40in-person response is not appropriate. This evaluation includes
P101  1collateral, contacts, a review of previous referrals, and other
2relevant information, as indicated.

3(g) As used in this chapter, family maintenance services are
4activities designed to provide in-home protective services to
5prevent or remedy neglect, abuse, or exploitation, for the purposes
6of preventing separation of children from their families.

7(h) As used in this chapter, family reunification services are
8activities designed to provide time-limited foster care services to
9prevent or remedy neglect, abuse, or exploitation, when the child
10cannot safely remain at home, and needs temporary foster care,
11while services are provided to reunite the family.

12(i) (1) As used in this chapter, permanent placement services
13are activities designed to provide an alternate permanent family
14structure for children who because of abuse, neglect, or exploitation
15cannot safely remain at home and who are unlikely to ever return
16home. These services shall be provided on behalf of children for
17whom there has been a judicial determination of a permanent plan
18for adoption, legal guardianship, placement with a fit and willing
19relative, or continued foster care placement, and, as needed, shall
20includebegin insert child-centered permanency services, as defined in Section
2111400, andend insert
supportive transition services to nonminor dependents,
22as described in subdivision (v) of Section 11400.

23(2) For purposes of this section, “another planned permanent
24living arrangement” means a permanent plan ordered by the court
25for a child 16 years of age or older or a nonminor dependent, when
26there is a compelling reason or reasons to determine that it is not
27in the best interest of the child or nonminor dependent to return
28home, be placed for adoption, be placed for tribal customary
29adoption in the case of an Indian child, or be placed with a fit and
30willing relative. Placement in a group home, or, on and after
31January 1, 2017, a short-term residential treatment facility, shall
32not be the identified permanent plan for any child or nonminor
33dependent.

34(j) As used in this chapter, family preservation services include
35those services specified in Section 16500.5 to avoid or limit
36out-of-home placement of children, and may include those services
37specified in that section to place children in the least restrictive
38environment possible.

39(k) (1) (A) In any county electing to implement this
40subdivision, all county welfare department employees who have
P102  1frequent and routine contact with children shall, by February 1,
21997, and all welfare department employees who are expected to
3have frequent and routine contact with children and who are hired
4on or after January 1, 1996, and all such employees whose duties
5 change after January 1, 1996, to include frequent and routine
6contact with children, shall, if the employees provide services to
7children who are alleged victims of abuse, neglect, or exploitation,
8sign a declaration under penalty of perjury regarding any prior
9criminal conviction, and shall provide a set of fingerprints to the
10county welfare director.

11(B) The county welfare director shall secure from the
12Department of Justice a criminal record to determine whether the
13employee has ever been convicted of a crime other than a minor
14traffic violation. The Department of Justice shall deliver the
15criminal record to the county welfare director.

16(C) If it is found that the employee has been convicted of a
17crime, other than a minor traffic violation, the county welfare
18director shall determine whether there is substantial and convincing
19evidence to support a reasonable belief that the employee is of
20good character so as to justify frequent and routine contact with
21children.

22(D) No exemption shall be granted pursuant to subparagraph
23(C) if the person has been convicted of a sex offense against a
24minor, or has been convicted of an offense specified in Section
25220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in
26paragraph (1) of Section 273a of, or subdivision (a) or (b) of
27Section 368 of, the Penal Code, or has been convicted of an offense
28specified in subdivision (c) of Section 667.5 of the Penal Code.
29The county welfare director shall suspend such a person from any
30duties involving frequent and routine contact with children.

31(E) Notwithstanding subparagraph (D), the county welfare
32director may grant an exemption if the employee or prospective
33employee, who was convicted of a crime against an individual
34specified in paragraph (1) or (7) of subdivision (c) of Section 667.5
35of the Penal Code, has been rehabilitated as provided in Section
364852.03 of the Penal Code and has maintained the conduct required
37in Section 4852.05 of the Penal Code for at least 10 years and has
38the recommendation of the district attorney representing the
39employee’s or prospective employee’s county of residence, or if
40the employee or prospective employee has received a certificate
P103  1of rehabilitation pursuant to Chapter 3.5 (commencing with Section
24852.01) of Title 6 of Part 3 of the Penal Code. In that case, the
3county welfare director may give the employee or prospective
4employee an opportunity to explain the conviction and shall
5consider that explanation in the evaluation of the criminal
6conviction record.

7(F) If no criminal record information has been recorded, the
8county welfare director shall cause a statement of that fact to be
9included in that person’s personnel file.

10(2) For purposes of this subdivision, a conviction means a plea
11or verdict of guilty or a conviction following a plea of nolo
12contendere. Any action that the county welfare director is permitted
13to take following the establishment of a conviction may be taken
14when the time for appeal has elapsed, or the judgment of conviction
15has been affirmed on appeal or when an order granting probation
16is made suspending the imposition of sentence, notwithstanding
17a subsequent order pursuant to Sections 1203.4 and 1203.4a of the
18Penal Code permitting the person to withdraw his or her plea of
19guilty and to enter a plea of not guilty, or setting aside the verdict
20of guilty, or dismissing the accusation, information, or indictment.
21For purposes of this subdivision, the record of a conviction, or a
22copy thereof certified by the clerk of the court or by a judge of the
23court in which the conviction occurred, shall be conclusive
24evidence of the conviction.

25

SEC. 16.  

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

27

16501.1.  

(a) (1) The Legislature finds and declares that the
28foundation and central unifying tool in child welfare services is
29the case plan.

30(2) The Legislature further finds and declares that a case plan
31ensures that the child receives protection and safe and proper care
32and case management, and that services are provided to the child
33and parents or other caretakers, as appropriate, in order to improve
34conditions in the parent’s home, to facilitate the safe return of the
35child to a safe home or the permanent placement of the child, and
36to address the needs of the child while in foster care.

37(3) The agency shall consider the recommendations of the child
38and family team, as defined in paragraph (4) of subdivision (a) of
39Section 16501, if any are available. The agency shall document
P104  1the rationale for any inconsistencies between the case plan and the
2child and family team recommendations.

3(b) (1) A case plan shall be based upon the principles of this
4section and the input from the child and family team.

5(2) The case plan shall document that a preplacement assessment
6of the service needs of the child and family, and preplacement
7preventive services, have been provided, and that reasonable efforts
8to prevent out-of-home placement have been made. Preplacement
9services may include intensive mental health services in the home
10or a community setting and the reasonable efforts made to prevent
11out-of-home placement.

12(3) In determining the reasonable services to be offered or
13provided, the child’s health and safety shall be the paramount
14concerns.

15(4) Upon a determination pursuant to paragraph (1) of
16subdivision (e) of Section 361.5 that reasonable services will be
17offered to a parent who is incarcerated in a county jail or state
18prison, detained by the United States Department of Homeland
19Security, or deported to his or her country of origin, the case plan
20shall include information, to the extent possible, about a parent’s
21incarceration in a county jail or the state prison, detention by the
22United States Department of Homeland Security, or deportation
23during the time that a minor child of that parent is involved in
24dependency care.

25(5) Reasonable services shall be offered or provided to make it
26possible for a child to return to a safe home environment, unless,
27pursuant to subdivisions (b) and (e) of Section 361.5, the court
28determines that reunification services shall not be provided.

29(6) If reasonable services are not ordered, or are terminated,
30reasonable efforts shall be made to place the child in a timely
31manner in accordance with the permanent plan and to complete
32all steps necessary to finalize the permanent placement of the child.

33(c) If out-of-home placement is used to attain case plan goals,
34the case plan shall consider the recommendations of the child and
35family team.

36(d) (1) The case plan shall include a description of the type of
37home or institution in which the child is to be placed, and the
38reasons for that placement decision. The decision regarding choice
39of placement shall be based upon selection of a safe setting that is
40the least restrictive family setting that promotes normal childhood
P105  1experiences and the most appropriate setting that meets the child’s
2individual needs and is available, in proximity to the parent’s home,
3in proximity to the child’s school, and consistent with the selection
4of the environment best suited to meet the child’s special needs
5and best interests. The selection shall consider, in order of priority,
6placement with relatives, nonrelated extended family members,
7and tribal members; foster family homes, resource families, and
8nontreatment certified homes of foster family agencies; followed
9by treatment and intensive treatment certified homes of foster
10family agencies; or multidimensional treatment foster care homes
11or therapeutic foster care homes; group care placements in the
12order of short-term residential treatment centers, group homes,
13community treatment facilities, and out-of-state residential
14treatment pursuant to Part 5 (commencing with Section 7900) of
15Division 12 of the Family Code.

16(2) If a short-term intensive treatment center placement is
17selected for a child, the case plan shall indicate the needs of the
18child that necessitate this placement, the plan for transitioning the
19child to a less restrictive environment, and the projected timeline
20by which the child will be transitioned to a less restrictive
21environment. This section of the case plan shall be reviewed and
22updated at least semiannually.

23(A) The case plan for placements in a group home, or
24commencing January 1, 2017, in a short-term residential treatment
25center, shall indicate that the county has taken into consideration
26Section 16010.8.

27(B) After January 1, 2017, a child and family team meeting as
28defined in Section 16501 shall be convened by the county placing
29agency for the purpose of identifying the supports and services
30needed to achieve permanency and enable the child or youth to be
31placed in the least restrictive family setting that promotes normal
32childhood experiences.

33(3) On or after January 1, 2012, for a nonminor dependent, as
34defined in subdivision (v) of Section 11400, who is receiving
35AFDC-FC benefits up to 21 years of age pursuant to Section 11403,
36in addition to the above requirements, the selection of the
37placement, including a supervised independent living placement,
38as described in subdivision (w) of Section 11400, shall also be
39based upon the developmental needs of young adults by providing
40opportunities to have incremental responsibilities that prepare a
P106  1nonminor dependent to transition to successful adulthood. If
2admission to, or continuation in, a group home or short-term
3residential treatment center placement is being considered for a
4nonminor dependent, the group home or short-term residential
5treatment center placement approval decision shall include a
6youth-driven, team-based case planning process, as defined by the
7department, in consultation with stakeholders. The case plan shall
8consider the full range of placement options, and shall specify why
9admission to, or continuation in, a group home placement is the
10best alternative available at the time to meet the special needs or
11well-being of the nonminor dependent, and how the placement
12will contribute to the nonminor dependent’s transition to successful
13adulthood. The case plan shall specify the treatment strategies that
14will be used to prepare the nonminor dependent for discharge to
15a less restrictive family setting that promotes normal childhood
16experiences, including a target date for discharge from the group
17home placement. The placement shall be reviewed and updated
18on a regular, periodic basis to ensure that continuation in the group
19home placement remains in the best interests of the nonminor
20dependent and that progress is being made in achieving case plan
21goals leading to successful adulthood. The group home placement
22planning process shall begin as soon as it becomes clear to the
23county welfare department or probation office that a foster child
24in group home placement is likely to remain in group home
25placement on his or her 18th birthday, in order to expedite the
26transition to a less restrictive family setting that promotes normal
27childhood experiences, if he or she becomes a nonminor dependent.
28The case planning process shall include informing the youth of all
29of his or her options, including, but not limited to, admission to
30or continuation in a group homebegin delete placement.end deletebegin insert placement and the
31provision of child-centered specialized permanency services, as
32defined in Section 11400.end insert
Consideration for continuation of existing
33group home placement for a nonminor dependent under 19 years
34of age may include the need to stay in the same placement in order
35to complete high school. After a nonminor dependent either
36completes high school or attains his or her 19th birthday, whichever
37is earlier, continuation in or admission to a group home placement
38is prohibited unless the nonminor dependent satisfies the conditions
39of paragraph (5) of subdivision (b) of Section 11403, and group
40home placement functions as a short-term transition to the
P106  1appropriate system of care. Treatment services provided by the
2group home placement to the nonminor dependent to alleviate or
3ameliorate the medical condition, as described in paragraph (5) of
4subdivision (b) of Section 11403, shall not constitute the sole basis
5to disqualify a nonminor dependent from the group home
6 placement.

7(4) In addition to the requirements of paragraphs (1) to (3),
8inclusive, and taking into account other statutory considerations
9regarding placement, the selection of the most appropriate home
10that will meet the child’s special needs and best interests shall also
11promote educational stability by taking into consideration
12proximity to the child’s school of origin, and school attendance
13area, the number of school transfers the child has previously
14experienced, and the child’s school matriculation schedule, in
15addition to other indicators of educational stability that the
16Legislature hereby encourages the State Department of Social
17Services and the State Department of Education to develop.

18(e) A written case plan shall be completed within a maximum
19of 60 days of the initial removal of the child or of the in-person
20response required under subdivision (f) of Section 16501 if the
21child has not been removed from his or her home, or by the date
22of the dispositional hearing pursuant to Section 358, whichever
23occurs first. The case plan shall be updated, as the service needs
24of the child and family dictate. At a minimum, the case plan shall
25be updated in conjunction with each status review hearing
26conducted pursuant to Sections 364, 366, 366.3, and 366.31, and
27the hearing conducted pursuant to Section 366.26, but no less
28frequently than once every six months. Each updated case plan
29shall include a description of the services that have been provided
30to the child under the plan and an evaluation of the appropriateness
31and effectiveness of those services.

32(1) It is the intent of the Legislature that extending the maximum
33time available for preparing a written case plan from 30 to 60 days
34will afford caseworkers time to actively engage families, and to
35solicit and integrate into the case plan the input of the child and
36the child’s family, as well as the input of relatives and other
37interested parties.

38(2) The extension of the maximum time available for preparing
39a written case plan from the 30 to 60 days shall be effective 90
40days after the date that the department gives counties written notice
P108  1that necessary changes have been made to the Child Welfare
2Services/Case Management System (CWS/CMS) to account for
3the 60-day timeframe for preparing a written case plan.

4(f) The child welfare services case plan shall be comprehensive
5enough to meet the juvenile court dependency proceedings
6requirements pursuant to Article 6 (commencing with Section 300)
7of Chapter 2 of Part 1 of Division 2.

8(g) The case plan shall be developed considering the
9recommendations of the child and family team, as follows:

10(1) The case plan shall be based upon an assessment of the
11circumstances that required child welfare services intervention.
12The child shall be involved in developing the case plan as age and
13developmentally appropriate.

14(2) The case plan shall identify specific goals and the
15appropriateness of the planned services in meeting those goals.

16(3) The case plan shall identify the original allegations of abuse
17or neglect, as defined in Article 2.5 (commencing with Section
1811164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
19conditions cited as the basis for declaring the child a dependent of
20the court pursuant to Section 300, or all of these, and the other
21precipitating incidents that led to child welfare services
22intervention.

23(4) The case plan shall include a description of the schedule of
24the placement agency contacts with the child and the family or
25other caretakers. The frequency of these contacts shall be in
26accordance with regulations adopted by the State Department of
27Social Services. If the child has been placed in foster care out of
28state, the county social worker or probation officer, or a social
29worker or probation officer on the staff of the agency in the state
30in which the child has been placed, shall visit the child in a foster
31family home or the home of a relative, consistent with federal law
32and in accordance with the department’s approved state plan. For
33children in out-of-state group home facilities, visits shall be
34conducted at least monthly, pursuant to Section 16516.5. At least
35once every six months, at the time of a regularly scheduled
36placement agency contact with the foster child, the child’s social
37worker or probation officer shall inform the child of his or her
38rights as a foster child, as specified in Section 16001.9. The social
39worker or probation officer shall provide the information to the
P109  1child in a manner appropriate to the age or developmental level of
2the child.

3(5) (A) When out-of-home services are used, the frequency of
4contact between the natural parents or legal guardians and the child
5shall be specified in the case plan. The frequency of those contacts
6shall reflect overall case goals, and consider other principles
7outlined in this section.

8(B) Information regarding any court-ordered visitation between
9the child and the natural parents or legal guardians, and the terms
10and conditions needed to facilitate the visits while protecting the
11safety of the child, shall be provided to the child’s out-of-home
12caregiver as soon as possible after the court order is made.

13(6) When out-of-home placement is made, the case plan shall
14include provisions for the development and maintenance of sibling
15relationships as specified in subdivisions (b), (c), and (d) of Section
1616002. If appropriate, when siblings who are dependents of the
17juvenile court are not placed together, the social worker for each
18child, if different, shall communicate with each of the other social
19workers and ensure that the child’s siblings are informed of
20significant life events that occur within their extended family.
21Unless it has been determined that it is inappropriate in a particular
22case to keep siblings informed of significant life events that occur
23within the extended family, the social worker shall determine the
24appropriate means and setting for disclosure of this information
25to the child commensurate with the child’s age and emotional
26well-being. These significant life events shall include, but shall
27not be limited to, the following:

28(A) The death of an immediate relative.

29(B) The birth of a sibling.

30(C) Significant changes regarding a dependent child, unless the
31child objects to the sharing of the information with his or her
32siblings, including changes in placement, major medical or mental
33health diagnoses, treatments, or hospitalizations, arrests, and
34changes in the permanent plan.

35(7) If out-of-home placement is made in a foster family home,
36group home, or other child care institution that is either a
37substantial distance from the home of the child’s parent or out of
38state, the case plan shall specify the reasons why that placement
39is in the best interest of the child. When an out-of-state group home
40placement is recommended or made, the case plan shall, in
P110  1addition, specify compliance with Section 7911.1 of the Family
2Code.

3(8) A case plan shall ensure the educational stability of the child
4while in foster care and shall include both of the following:

5(A) An assurance that the placement takes into account the
6appropriateness of the current educational setting and the proximity
7to the school in which the child is enrolled at the time of placement.

8(B) An assurance that the placement agency has coordinated
9with the person holding the right to make educational decisions
10for the child and appropriate local educational agencies to ensure
11that the child remains in the school in which the child is enrolled
12at the time of placement or, if remaining in that school is not in
13the best interests of the child, assurances by the placement agency
14and the local educational agency to provide immediate and
15appropriate enrollment in a new school and to provide all of the
16child’s educational records to the new school.

17(9) (A) If out-of-home services are used, or if parental rights
18have been terminated and the case plan is placement for adoption,
19the case plan shall include a recommendation regarding the
20appropriateness of unsupervised visitation between the child and
21any of the child’s siblings. This recommendation shall include a
22statement regarding the child’s and the siblings’ willingness to
23participate in unsupervised visitation. If the case plan includes a
24recommendation for unsupervised sibling visitation, the plan shall
25also note that information necessary to accomplish this visitation
26has been provided to the child or to the child’s siblings.

27(B) Information regarding the schedule and frequency of the
28visits between the child and siblings, as well as any court-ordered
29terms and conditions needed to facilitate the visits while protecting
30the safety of the child, shall be provided to the child’s out-of-home
31caregiver as soon as possible after the court order is made.

32(10) If out-of-home services are used and the goal is
33reunification, the case plan shall describe the services to be
34provided to assist in reunification and the services to be provided
35concurrently to achieve legal permanency if efforts to reunify fail.
36The plan shall also consider in-state and out-of-state placements,
37the importance of developing and maintaining sibling relationships
38pursuant to Section 16002, and the desire and willingness of the
39caregiver to provide legal permanency for the child if reunification
40is unsuccessful.

P111  1(11) If out-of-home services are used, the child has been in care
2for at least 12 months, and the goal is not adoptive placement, the
3case plan shall include documentation of the compelling reason
4or reasons why termination of parental rights is not in the child’s
5best interest. A determination completed or updated within the
6past 12 months by the department when it is acting as an adoption
7agency or by a licensed adoption agency that it is unlikely that the
8child will be adopted, or that one of the conditions described in
9paragraph (1) of subdivision (c) of Section 366.26 applies, shall
10be deemed a compelling reason.

11(12) (A) Parents and legal guardians shall have an opportunity
12to review the case plan, and to sign it whenever possible, and then
13shall receive a copy of the plan. In a voluntary service or placement
14agreement, the parents or legal guardians shall be required to
15review and sign the case plan. Whenever possible, parents and
16legal guardians shall participate in the development of the case
17plan. Commencing January 1, 2012, for nonminor dependents, as
18defined in subdivision (v) of Section 11400, who are receiving
19AFDC-FC or CalWORKs assistance up to 21 years of age pursuant
20to Section 11403, the transitional independent living case plan, as
21set forth in subdivision (y) of Section 11400, shall be developed
22with, and signed by, the nonminor.

23(B) Parents and legal guardians shall be advised that, pursuant
24to Section 1228.1 of the Evidence Code, neither their signature on
25the child welfare services case plan nor their acceptance of any
26services prescribed in the child welfare services case plan shall
27constitute an admission of guilt or be used as evidence against the
28parent or legal guardian in a court of law. However, they shall also
29be advised that the parent’s or guardian’s failure to cooperate,
30except for good cause, in the provision of services specified in the
31child welfare services case plan may be used in any hearing held
32pursuant to Section 366.21, 366.22, or 366.25 of this code as
33evidence.

34(13) A child shall be given a meaningful opportunity to
35participate in the development of the case plan and state his or her
36preference for foster care placement. A child who is 12 years of
37age or older and in a permanent placement shall also be given the
38opportunity to review the case plan, sign the case plan, and receive
39a copy of the case plan.

P112  1(14) The case plan shall be included in the court report and shall
2be considered by the court at the initial hearing and each review
3hearing. Modifications to the case plan made during the period
4between review hearings need not be approved by the court if the
5casework supervisor for that case determines that the modifications
6further the goals of the plan. If out-of-home services are used with
7the goal of family reunification, the case plan shall consider and
8describe the application of subdivision (b) of Section 11203.

9(15) (A) If the case plan has as its goal for the child a permanent
10plan of adoption or legal guardianship, it shall include a statement
11of the child’s wishes regarding their permanent placement plan
12and an assessment of those stated wishes. The agency shall also
13include documentation of the steps the agency is taking to find an
14adoptive family or other permanent living arrangements for the
15begin delete child;end deletebegin insert child,end insert to place the child with an adoptive family, an
16appropriate and willing relative, or a legal guardian, and to finalize
17the adoption or legal guardianship. At a minimum, the
18documentation shall include child-specific recruitment efforts,
19such as the use of state, regional, and national adoption exchanges,
20including electronic exchange systems, when the child has been
21freed for adoption.begin insert The documentation shall also reflect the
22provision of child-centered specialized permanency services, as
23defined in Section 11400.end insert
Regardless of whether the child has been
24freed for adoption, documentation shall include a description of
25any barriers to achieving legal permanence and the steps the agency
26will take to address thosebegin delete barriers.end deletebegin insert barriers, including the provision
27of child-centered specialized permanency services, as defined in
28Section 11400.end insert
If the plan is for kinship guardianship, the case
29plan shall document how the child meets the kinship guardianship
30eligibility requirements.

31(B) When the child is 16 years of age or older and is in another
32planned permanent living arrangement, the case plan shall identify
33the intensive and ongoingbegin delete effortsend deletebegin insert efforts, including child-centered
34specialized permanency services, as defined in Section 11400,end insert
to
35return the child to the home of the parent, place the child for
36adoption, place the child for tribal customary adoption in the case
37of an Indian child, establish a legal guardianship, or place the child
38nonminor dependent with a fit and willing relative, as appropriate.
39Efforts shall include the use of technology, including social media,
40to find biological family members of the child.

P113  1(16) (A) (i) For a child who is 14 or 15 years of age, the case
2plan shall include a written description of the programs and services
3that will help the child, consistent with the child’s best interests,
4to prepare for the transition from foster care to successful
5adulthood. The description may be included in the document
6described in subparagraph (A) of paragraph (18).

7(ii) When appropriate, for a child who is 16 years of age or older
8and, commencing January 1, 2012, for a nonminor dependent, the
9case plan shall include the transitional independent living plan
10(TILP), a written description of the programs and services that
11will help the child, consistent with the child’s best interests, to
12prepare for the transition from foster care to successful adulthood,
13and, in addition, whether the youth has an in-progress application
14pending for Title XVI Supplemental Security Income benefits or
15for Special Immigrant Juvenile Status or other applicable
16application for legal residency and an active dependency case is
17required for that application. When appropriate, for a nonminor
18dependent, the transitional independent living case plan, as
19described in subdivision (v) of Section 11400, shall include the
20TILP, a written description of the programs and services that will
21help the nonminor dependent, consistent with his or her best
22interests, to prepare for transition from foster care and assist the
23youth in meeting the eligibility criteria set forth in paragraphs (1)
24to (5), inclusive, of subdivision (b) of Section 11403. If applicable,
25the case plan shall describe the individualized supervision provided
26in the supervised independent living placement as defined in
27subdivision (w) of Section 11400. The case plan shall be developed
28with the child or nonminor dependent and individuals identified
29as important to the child or nonminor dependent, and shall include
30steps the agency is taking to ensure that the child or nonminor
31dependent achieves permanence, including maintaining or
32obtaining permanent connections to caring and committed adults.

33(B) During the 90-day period prior to the participant attaining
3418 years of age or older as the state may elect under Section
35475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec.
36675(8)(B)(iii)), whether during that period foster care maintenance
37payments are being made on the child’s behalf or the child is
38receiving benefits or services under Section 477 of the federal
39Social Security Act (42 U.S.C. Sec. 677), a caseworker or other
40appropriate agency staff or probation officer and other
P114  1representatives of the participant, as appropriate, shall provide the
2youth or nonminor dependent with assistance and support in
3developing the written 90-day transition plan, that is personalized
4at the direction of the child, information as detailed as the
5participant elects that shall include, but not be limited to, options
6regarding housing, health insurance, education, local opportunities
7for mentors and continuing support services, and workforce
8supports and employment services, a power of attorney for health
9care, and information regarding the advance health care directive
10form.

11(C) For youth 14 years of age or older, the case plan shall
12include documentation that a consumer credit report was requested
13annually from each of the three major credit reporting agencies at
14no charge to the youth and that any results were provided to the
15youth. For nonminor dependents, the case plan shall include
16documentation that the county assisted the nonminor dependent
17in obtaining his or her reports. The case plan shall include
18documentation of barriers, if any, to obtaining the credit reports.
19If the consumer credit report reveals any accounts, the case plan
20shall detail how the county ensured the youth received assistance
21with interpreting the credit report and resolving any inaccuracies,
22including any referrals made for the assistance.

23(17) For youth 14 years of age or older and nonminor
24dependents, the case plan shall be developed in consultation with
25the youth. At the youth’s option, the consultation may include up
26to two members of the case planning team who are chosen by the
27youth and who are not foster parents of, or caseworkers for, the
28youth. The agency, at any time, may reject an individual selected
29by the youth to be a member of the case planning team if the
30agency has good cause to believe that the individual would not act
31in the youth’s best interest. One individual selected by the youth
32to be a member of the case planning team may be designated to
33be the youth’s adviser and advocate with respect to the application
34of the reasonable and prudent parent standard to the youth, as
35necessary.

36(18) For youth in foster care 14 years of age and older and
37nonminor dependents, the case plan shall include both of the
38following:

39(A) A document that describes the youth’s rights with respect
40to education, health, visitation, and court participation, the right
P115  1to be annually provided with copies of his or her credit reports at
2no cost while in foster care pursuant to Section 10618.6, and the
3right to stay safe and avoid exploitation.

4(B) A signed acknowledgment by the youth that he or she has
5been provided a copy of the document and that the rights described
6in the document have been explained to the youth in an
7age-appropriate manner.

8(19) The case plan for a child or nonminor dependent who is,
9or who is at risk of becoming, the victim of commercial sexual
10exploitation, shall document the services provided to address that
11issue.

12(h) If the court finds, after considering the case plan, that
13unsupervised sibling visitation is appropriate and has been
14consented to, the court shall order that the child or the child’s
15siblings, the child’s current caregiver, and the child’s prospective
16adoptive parents, if applicable, be provided with information
17necessary to accomplish this visitation. This section does not
18 require or prohibit the social worker’s facilitation, transportation,
19or supervision of visits between the child and his or her siblings.

20(i) The case plan documentation on sibling placements required
21under this section shall not require modification of existing case
22plan forms until the Child Welfare Service/Case Management
23System (CWS/CMS) is implemented on a statewide basis.

24(j) When a child is 10 years of age or older and has been in
25out-of-home placement for six months or longer, the case plan
26shall include an identification of individuals, other than the child’s
27siblings, who are important to the child and actions necessary to
28maintain the child’s relationship with those individuals, provided
29that those relationships are in the best interest of the child. The
30social worker or probation officer shall ask every child who is 10
31years of age or older and who has been in out-of-home placement
32for six months or longer to identify individuals other than the
33child’s siblings who are important to the child, and may ask any
34other child to provide that information, or may seek that
35information from the child and family team, as appropriate. The
36social worker or probation officer shall make efforts to identify
37other individuals who are important to the child, consistent with
38the child’s best interests.

P116  1(k) 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(l) Each county shall ensure that the total number of visits made
5by caseworkers on a monthly basis to children in foster care during
6a federal fiscal year is not less than 95 percent of the total number
7of those visits that would occur if each child were visited once
8 every month while in care and that the majority of the visits occur
9in the residence of the child. The county child welfare and
10probation departments shall comply with data reporting
11requirements that the department deems necessary to comply with
12the federal Child and Family Services Improvement Act of 2006
13(Public Law 109-288) and the federal Child and Family Services
14Improvement and Innovation Act of 2011 (Public Law 112-34).

begin delete

15(l)

end delete

16begin insert(m)end insert The implementation and operation of the amendments to
17subdivision (i) enacted at the 2005-06 Regular Session shall be
18subject to appropriation through the budget process and by phase,
19as provided in Section 366.35.

20

SEC. 17.  

To the extent that this act has an overall effect of
21increasing the costs already borne by a local agency for programs
22or levels of service mandated by the 2011 Realignment Legislation
23within the meaning of Section 36 of Article XIII of the California
24Constitution, it shall apply to local agencies only to the extent that
25the state provides annual funding for the cost increase. Any new
26program or higher level of service provided by a local agency
27pursuant to this act above the level for which funding has been
28provided shall not require a subvention of funds by the state nor
29otherwise be subject to Section 6 of Article XIII B of the California
30Constitution.



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