Amended in Assembly March 28, 2016

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 amended, 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 thebegin delete court,end deletebegin insert courtend insert 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.begin delete Byend delete

begin insertByend insert 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:

P3    1(1) As of September 30, 2014, there were 62,545 California
2children living in the foster care system, with 16,561 children, or
3approximately 26 percent, in foster care for over three years, and
49,780 children, or approximately 16 percent, in foster care for over
5five years. Adult outcomes are often poor for the children who
6emancipate from foster care without a permanent family. Within
7two years of exiting the foster care system, approximately 50
8percent of former foster youth will be homeless, in prison,
9victimized, or dead.

10(2) Families committing to adoption or guardianship of children
11in foster care may face challenges unique to the adoption or
12guardianship experience that result from the trauma of the child’s
13adverse childhood experiences. These challenges can create stress
14that puts the adoption or guardianship at risk of disruption and
15potentially results in the child’s reentry into the foster care system.

16(3) Provisions of the federal Preventing Sex Trafficking and
17Strengthening Families Act (Public Law 113-183) address the need
18to enhance efforts to improve permanency outcomes for older
19children in care by eliminating the use of other planned permanent
20living arrangements as a permanent plan for children under 16
21years of age.

22(4) The new federal law also requires documentation of intensive
23and ongoing efforts to achieve permanence for youth with a case
24plan for another planned permanent living arrangement, and adds
25additional case plan and case plan review system requirements for
26children 16 years of age and older.

27(b) It is the intent of the Legislature in enacting this act to
28improve permanency outcomes and stability for older children in
29foster carebegin delete and to bring California into compliance with provisions
30of the federal Preventing Sex Trafficking and Strengthening
31Families Actend delete
by doing the following:

32(1) Improving the stability of adoptive and guardianship families
33by requiring the State Department of Social Services, county
34adoption agencies, county child welfare agencies, and licensed
35adoption agencies to provide potential adoptive families and
36guardians information, in writing, regarding the importance of
37working with mental health providers that have specialized
38adoption or permanency clinical training and experience if the
39family needs clinical support, and a description of the desirable
P4    1clinical expertise the family should look for when choosing an
2adoption- or permanency-competent mental health professional.

3(2) Improving permanency outcomes for children in foster care
4by requiring child-centered, specialized permanency servicesbegin delete prior
5to deeming a child “unlikely to be adopted,” “not a proper subject
6for adoption,” or “having no one willing to take legal
7guardianship,” and prior to, and after, making a permanency plan
8for another planned permanent living arrangement or ordering a
9child into long-term foster care.end delete
begin insert for children whose reunification
10services have been terminated, who are not placed with a fit and
11willing relative, and who are considered unlikely to achieve a
12permanent family.end insert

13

SEC. 2.  

Section 361.5 of the Welfare and Institutions Code is
14amended to read:

15

361.5.  

(a) Except as provided in subdivision (b), or when the
16parent has voluntarily relinquished the child and the relinquishment
17has been filed with the State Department of Social Services, or
18upon the establishment of an order of guardianship pursuant to
19Section 360, or when a court adjudicates a petition under Section
20329 to modify the court’s jurisdiction from delinquency jurisdiction
21to dependency jurisdiction pursuant to subparagraph (A) of
22paragraph (2) of subdivision (b) of Section 607.2 and the parents
23or guardian of the ward have had reunification services terminated
24under the delinquency jurisdiction, whenever a child is removed
25from a parent’s or guardian’s custody, the juvenile court shall order
26the social worker to provide child welfare services to the child and
27the child’s mother and statutorily presumed father or guardians.
28Upon a finding and declaration of paternity by the juvenile court
29or proof of a prior declaration of paternity by any court of
30competent jurisdiction, the juvenile court may order services for
31the child and the biological father, if the court determines that the
32services will benefit the child.

33(1) Family reunification services, when provided, shall be
34provided as follows:

35(A) Except as otherwise provided in subparagraph (C), for a
36child who, on the date of initial removal from the physical custody
37of his or her parent or guardian, was three years of age or older,
38court-ordered services shall be provided beginning with the
39dispositional hearing and ending 12 months after the date the child
P5    1 entered foster care as provided in Section 361.49, unless the child
2is returned to the home of the parent or guardian.

3(B) For a child who, on the date of initial removal from the
4physical custody of his or her parent or guardian, was under three
5years of age, court-ordered services shall be provided for a period
6of six months from the dispositional hearing as provided in
7subdivision (e) of Section 366.21, but no longer than 12 months
8from the date the child entered foster care as provided in Section
9361.49 unless the child is returned to the home of the parent or
10guardian.

11(C) For the purpose of placing and maintaining a sibling group
12together in a permanent home should reunification efforts fail, for
13a child in a sibling group whose members were removed from
14parental custody at the same time, and in which one member of
15the sibling group was under three years of age on the date of initial
16removal from the physical custody of his or her parent or guardian,
17court-ordered services for some or all of the sibling group may be
18limited as set forth in subparagraph (B). For the purposes of this
19paragraph, “a sibling group” shall mean two or more children who
20are related to each other as full or half siblings.

21(2) Any motion to terminate court-ordered reunification services
22prior to the hearing set pursuant to subdivision (f) of Section 366.21
23for a child described by subparagraph (A) of paragraph (1), or
24prior to the hearing set pursuant to subdivision (e) of Section
25366.21 for a child described by subparagraph (B) or (C) of
26paragraph (1), shall be made pursuant to the requirements set forth
27in subdivision (c) of Section 388. A motion to terminate
28court-ordered reunification services shall not be required at the
29hearing set pursuant to subdivision (e) of Section 366.21 if the
30court finds by clear and convincing evidence one of the following:

31(A) That the child was removed initially under subdivision (g)
32of Section 300 and the whereabouts of the parent are still unknown.

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

34(C) That the parent has been convicted of a felony indicating
35parental unfitness.

36(3) begin insert(A)end insertbegin insertend insertNotwithstanding subparagraphs (A), (B), and (C) of
37paragraph (1), court-ordered services may be extended up to a
38maximum time period not to exceed 18 months after the date the
39child was originally removed from physical custody of his or her
40parent or guardian if it can be shown, at the hearing held pursuant
P6    1to subdivision (f) of Section 366.21, that the permanent plan for
2the child is that he or she will be returned and safely maintained
3in the home within the extended time period. The court shall extend
4the time period only if it finds that there is a substantial probability
5that the child will be returned to the physical custody of his or her
6parent or guardian within the extended time period or that
7reasonable services have not been provided to the parent or
8guardian. In determining whether court-ordered services may be
9extended, the court shall consider the special circumstances of an
10incarcerated or institutionalized parent or parents, parent or parents
11court-ordered to a residential substance abuse treatment program,
12or a parent who has been arrested and issued an immigration hold,
13detained by the United States Department of Homeland Security,
14or deported to his or her country of origin, including, but not
15limited to, barriers to the parent’s or guardian’s access to services
16and ability to maintain contact with his or her child. The court
17shall also consider, among other factors, good faith efforts that the
18parent or guardian has made to maintain contact with the child. If
19the court extends the time period, the court shall specify the factual
20basis for its conclusion that there is a substantial probability that
21the child will be returned to the physical custody of his or her
22parent or guardian within the extended time period. The court also
23shall make findings pursuant to subdivision (a) of Section 366 and
24subdivision (e) of Section 358.1.

begin delete

25When

end delete

26begin insert(B)end insertbegin insertend insertbegin insertWhenend insert counseling or other treatment services are ordered,
27the parent or guardian shall be ordered to participate in those
28services, unless the parent’s or guardian’s participation is deemed
29by the court to be inappropriate or potentially detrimental to the
30child, or unless a parent or guardian is incarcerated or detained by
31the United States Department of Homeland Security and the
32corrections facility in which he or she is incarcerated does not
33provide access to the treatment services ordered by the court, or
34 has been deported to his or her country of origin and services
35ordered by the court are not accessible in that country. Physical
36custody of the child by the parents or guardians during the
37applicable time period under subparagraph (A), (B), or (C) of
38paragraph (1) shall not serve to interrupt the running of the time
39period.begin delete Ifend deletebegin insert If,end insert at the end of the applicable time period, a child cannot
40be safely returned to the care and custody of a parent or guardian
P7    1without court supervision, but the child clearly desires contact with
2the parent or guardian, the court shall take the child’s desire into
3account in devising a permanency plan.

begin delete

4In

end delete

5begin insert(C)end insertbegin insertend insertbegin insertInend insert cases in which the child was under three years of age on
6the date of the initial removal from the physical custody of his or
7her parent or guardian or is a member of a sibling group as
8 described in subparagraph (C) of paragraph (1), the court shall
9inform the parent or guardian that the failure of the parent or
10guardian to participate regularly in any court-ordered treatment
11programs or to cooperate or avail himself or herself of services
12provided as part of the child welfare services case plan may result
13in a termination of efforts to reunify the family after six months.
14The court shall inform the parent or guardian of the factors used
15in subdivision (e) of Section 366.21 to determine whether to limit
16services to six months for some or all members of a sibling group
17as described in subparagraph (C) of paragraph (1).

10 18(4) begin insert(A)end insertbegin insertend insertNotwithstanding paragraph (3), court-ordered services
19may be extended up to a maximum time period not to exceed 24
20months after the date the child was originally removed from
21physical custody of his or her parent or guardian if it is shown, at
22the hearing held pursuant to subdivision (b) of Section 366.22,
23that the permanent plan for the child is that he or she will be
24returned and safely maintained in the home within the extended
25time period. The court shall extend the time period only if it finds
26that it is in the child’s best interest to have the time period extended
27and that there is a substantial probability that the child will be
28returned to the physical custody of his or her parent or guardian
29who is described in subdivision (b) of Section 366.22 within the
30extended time period, or that reasonable services have not been
31provided to the parent or guardian. If the court extends the time
32period, the court shall specify the factual basis for its conclusion
33that there is a substantial probability that the child will be returned
34to the physical custody of his or her parent or guardian within the
35extended time period. The court also shall make findings pursuant
36to subdivision (a) of Section 366 and subdivision (e) of Section
37358.1.

begin delete

38When

end delete

39begin insert(B)end insertbegin insertend insertbegin insertWhenend insert counseling or other treatment services are ordered,
40the parent or guardian shall be ordered to participate in those
P8    1services, in order for substantial probability to be found. Physical
2custody of the child by the parents or guardians during the
3applicable time period under subparagraph (A), (B), or (C) of
4paragraph (1) shall not serve to interrupt the running of the time
5period.begin delete Ifend deletebegin insert If,end insert at the end of the applicable time period, the child
6cannot be safely returned to the care and custody of a parent or
7guardian without court supervision, but the child clearly desires
8contact with the parent or guardian, the court shall take the child’s
9desire into account in devising a permanency plan.

begin delete

10Except

end delete

11begin insert (C)end insertbegin insertend insertbegin insertExceptend insert in cases in which, pursuant to subdivision (b), the
12court does not order reunification services, the court shall inform
13the parent or parents of Section 366.26 and shall specify that the
14parent’s or parents’ parental rights may be terminated.

15(b) Reunification services need not be provided to a parent or
16guardian described in this subdivision when the court finds, by
17clear and convincing evidence, any of the following:

18(1) That the whereabouts of the parent or guardian is unknown.
19A finding pursuant to this paragraph shall be supported by an
20affidavit or by proof that a reasonably diligent search has failed
21to locate the parent or guardian. The posting or publication of
22notices is not required in that search.

23(2) That the parent or guardian is suffering from a mental
24disability that is described in Chapter 2 (commencing with Section
257820) of Part 4 of Division 12 of the Family Code and that renders
26him or her incapable of utilizing those services.

27(3) That the child or a sibling of the child has been previously
28adjudicated a dependent pursuant to any subdivision of Section
29300 as a result of physical or sexual abuse, that following that
30adjudication the child had been removed from the custody of his
31or her parent or guardian pursuant to Section 361, that the child
32has been returned to the custody of the parent or guardian from
33whom the child had been taken originally, and that the child is
34being removed pursuant to Section 361, due to additional physical
35or sexual abuse.

36(4) That the parent or guardian of the child has caused the death
37of another child through abuse or neglect.

38(5) That the child was brought within the jurisdiction of the
39court under subdivision (e) of Section 300 because of the conduct
40of that parent or guardian.

P9    1(6) That the child has been adjudicated a dependent pursuant
2to any subdivision of Section 300 as a result of severe sexual abuse
3or the infliction of severe physical harm to the child, a sibling, or
4a half sibling by a parent or guardian, as defined in this subdivision,
5and the court makes a factual finding that it would not benefit the
6child to pursue reunification services with the offending parent or
7guardian.

begin delete

8A

end delete

9begin insert(A)end insertbegin insertend insertbegin insertAend insert finding of severe sexual abuse, for the purposes of this
10subdivision, may be based on, but is not limited to, sexual
11intercourse, or stimulation involving genital-genital, oral-genital,
12anal-genital, or oral-anal contact, whether between the parent or
13guardian and the child or a sibling or half sibling of the child, or
14between the child or a sibling or half sibling of the child and
15another person or animal with the actual or implied consent of the
16parent or guardian; or the penetration or manipulation of the
17child’s, sibling’s, or half sibling’s genital organs or rectum by any
18animate or inanimate object for the sexual gratification of the
19parent or guardian, or for the sexual gratification of another person
20with the actual or implied consent of the parent or guardian.

begin delete

21A

end delete

22begin insert (B)end insertbegin insertend insertbegin insertAend insert finding of the infliction of severe physical harm, for the
23purposes of this subdivision, may be based on, but is not limited
24to, deliberate and serious injury inflicted to or on a child’s body
25or the body of a sibling or half sibling of the child by an act or
26omission of the parent or guardian, or of another individual or
27animal with the consent of the parent or guardian; deliberate and
28torturous confinement of the child, sibling, or half sibling in a
29closed space; or any other torturous act or omission that would be
30reasonably understood to cause serious emotional damage.

31(7) That the parent is not receiving reunification services for a
32sibling or a half sibling of the child pursuant to paragraph (3), (5),
33or (6).

34(8) That the child was conceived by means of the commission
35of an offense listed in Section 288 or 288.5 of the Penal Code, or
36by an act committed outside of this state that, if committed in this
37state, would constitute one of those offenses. This paragraph only
38applies to the parent who committed the offense or act.

39(9) That the child has been found to be a child described in
40subdivision (g) of Section 300; that the parent or guardian of the
P10   1child willfully abandoned the child, and the court finds that the
2abandonment itself constituted a serious danger to the child; or
3that the parent or other person having custody of the child
4voluntarily surrendered physical custody of the child pursuant to
5Section 1255.7 of the Health and Safety Code. For the purposes
6of this paragraph, “serious danger” means that without the
7intervention of another person or agency, the child would have
8sustained severe or permanent disability, injury, illness, or death.
9For purposes of this paragraph, “willful abandonment” shall not
10be construed as actions taken in good faith by the parent without
11the intent of placing the child in serious danger.

12(10) That the court ordered termination of reunification services
13for any siblings or half siblings of the child because the parent or
14guardian failed to reunify with the sibling or half sibling after the
15sibling or half sibling had been removed from that parent or
16guardian pursuant to Section 361 and that parent or guardian is
17the same parent or guardian described in subdivision (a) and that,
18according to the findings of the court, this parent or guardian has
19not subsequently made a reasonable effort to treat the problems
20that led to removal of the sibling or half sibling of that child from
21that parent or guardian.

22(11) That the parental rights of a parent over any sibling or half
23sibling of the child had been permanently severed, and this parent
24is the same parent described in subdivision (a), and that, according
25to the findings of the court, this parent has not subsequently made
26a reasonable effort to treat the problems that led to removal of the
27sibling or half sibling of that child from the parent.

28(12) That the parent or guardian of the child has been convicted
29of a violent felony, as defined in subdivision (c) of Section 667.5
30of the Penal Code.

31(13) That the parent or guardian of the child has a history of
32extensive, abusive, and chronic use of drugs or alcohol and has
33resisted prior court-ordered treatment for this problem during a
34three-year period immediately prior to the filing of the petition
35 that brought that child to the court’s attention, or has failed or
36refused to comply with a program of drug or alcohol treatment
37described in the case plan required by Section 358.1 on at least
38two prior occasions, even though the programs identified were
39available and accessible.

P11   1(14) That the parent or guardian of the child has advised the
2court that he or she is not interested in receiving family
3maintenance or family reunification services or having the child
4returned to or placed in his or her custody and does not wish to
5receive family maintenance or reunification services.

6The parent or guardian shall be represented by counsel and shall
7execute a waiver of services form to be adopted by the Judicial
8Council. The court shall advise the parent or guardian of any right
9to services and of the possible consequences of a waiver of
10services, including the termination of parental rights and placement
11of the child for adoption. The court shall not accept the waiver of
12services unless it states on the record its finding that the parent or
13guardian has knowingly and intelligently waived the right to
14services.

15(15) That the parent or guardian has on one or more occasions
16willfully abducted the child or child’s sibling or half sibling from
17his or her placement and refused to disclose the child’s or child’s
18sibling’s or half sibling’s whereabouts, refused to return physical
19custody of the child or child’s sibling or half sibling to his or her
20placement, or refused to return physical custody of the child or
21child’s sibling or half sibling to the social worker.

22(16) That the parent or guardian has been required by the court
23to be registered on a sex offender registry under the federal Adam
24Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Sec.
2516913(a)), as required in Section 106(b)(2)(B)(xvi)(VI) of the
26Child Abuse Prevention and Treatment Act of 2006 (42 U.S.C.
27Sec. 5106a(2)(B)(xvi)(VI)).

28(c) In deciding whether to order reunification in any case in
29which this section applies, the court shall hold a dispositional
30hearing. The social worker shall prepare a report that discusses
31whether reunification services shall be provided. When it is alleged,
32pursuant to paragraph (2) of subdivision (b), that the parent is
33incapable of utilizing services due to mental disability, the court
34shall order reunification services unless competent evidence from
35mental health professionals establishes that, even with the provision
36of services, the parent is unlikely to be capable of adequately caring
37for the child within the time limits specified in subdivision (a).

begin delete

38The

end delete

39begin insert(1)end insertbegin insertend insertbegin insertTheend insert court shall not order reunification for a parent or
40guardian described in paragraph (3), (4), (6), (7), (8), (9), (10),
P12   1(11), (12), (13), (14), (15), or (16) of subdivision (b) unless the
2court finds, by clear and convincing evidence, that reunification
3is in the best interest of the child.

begin delete

4In

end delete

5begin insert (2)end insertbegin insertend insertbegin insertInend insert addition, the court shall not order reunification in any
6situation described in paragraph (5) of subdivision (b) unless it
7finds that, based on competent testimony, those services are likely
8to prevent reabuse or continued neglect of the child or that failure
9to try reunification will be detrimental to the child because the
10child is closely and positively attached to that parent. The social
11worker shall investigate the circumstances leading to the removal
12of the child and advise the court whether there are circumstances
13that indicate that reunification is likely to be successful or
14unsuccessful and whether failure to order reunification is likely to
15be detrimental to the child.

begin delete

16The

end delete

17begin insert (3)end insertbegin insertend insertbegin insertTheend insert failure of the parent to respond to previous services,
18the fact that the child was abused while the parent was under the
19influence of drugs or alcohol, a past history of violent behavior,
20or testimony by a competent professional that the parent’s behavior
21is unlikely to be changed by services are among the factors
22indicating that reunification services are unlikely to be successful.
23The fact that a parent or guardian is no longer living with an
24individual who severely abused the child may be considered in
25deciding that reunification services are likely to be successful,
26provided that the court shall consider any pattern of behavior on
27the part of the parent that has exposed the child to repeated abuse.

28(d) If reunification services are not ordered pursuant to
29paragraph (1) of subdivision (b) and the whereabouts of a parent
30become known within six months of the out-of-home placement
31of the child, the court shall order the social worker to provide
32family reunification services in accordance with this subdivision.

33(e) (1) If the parent or guardian is incarcerated, institutionalized,
34or detained by the United States Department of Homeland Security,
35or has been deported to his or her country of origin, the court shall
36order reasonable services unless the court determines, by clear and
37convincing evidence, those services would be detrimental to the
38child. In determining detriment, the court shall consider the age
39of the child, the degree of parent-child bonding, the length of the
40sentence, the length and nature of the treatment, the nature of the
P13   1crime or illness, the degree of detriment to the child if services are
2not offered and, for children 10 years of age or older, the child’s
3attitude toward the implementation of family reunification services,
4the likelihood of the parent’s discharge from incarceration,
5institutionalization, or detention within the reunification time
6limitations described in subdivision (a), and any other appropriate
7factors. In determining the content of reasonable services, the court
8shall consider the particular barriers to an incarcerated,
9institutionalized, detained, or deported parent’s access to those
10court-mandated services and ability to maintain contact with his
11or her child, and shall document this information in the child’s
12case plan. Reunification services are subject to the applicable time
13limitations imposed in subdivision (a). Services may include, but
14shall not be limited to, all of the following:

15(A) Maintaining contact between the parent and child through
16collect telephone calls.

17(B) Transportation services, when appropriate.

18(C) Visitation services, when appropriate.

19(D) Reasonable services to extended family members or foster
20parents providing care for the child if the services are not
21detrimental to the child.

22An incarcerated or detained parent may be required to attend
23counseling, parenting classes, or vocational training programs as
24part of the reunification service plan if actual access to these
25services is provided. The social worker shall document in the
26child’s case plan the particular barriers to an incarcerated,
27institutionalized, or detained parent’s access to those
28court-mandated services and ability to maintain contact with his
29or her child.

30(E) Reasonable efforts to assist parents who have been deported
31to contact child welfare authorities in their country of origin, to
32identify any available services that would substantially comply
33with case plan requirements, to document the parents’ participation
34in those services, and to accept reports from local child welfare
35authorities as to the parents’ living situation, progress, and
36participation in services.

37(2) The presiding judge of the juvenile court of each county
38may convene representatives of the county welfare department,
39the sheriff’s department, and other appropriate entities for the
40purpose of developing and entering into protocols for ensuring the
P14   1notification, transportation, and presence of an incarcerated or
2institutionalized parent at all court hearings involving proceedings
3affecting the child pursuant to Section 2625 of the Penal Code.
4The county welfare department shall utilize the prisoner locator
5system developed by the Department of Corrections and
6Rehabilitation to facilitate timely and effective notice of hearings
7for incarcerated parents.

8(3) Notwithstanding any other law, if the incarcerated parent is
9a woman seeking to participate in the community treatment
10program operated by the Department of Corrections and
11Rehabilitation pursuant to Chapter 4.8 (commencing with Section
121174) of Title 7 of Part 2begin delete of,end deletebegin insert of the Penal Code orend insert Chapter 4
13(commencing with Section 3410) of Title 2 of Part 3begin delete of,end deletebegin insert ofend insert the
14Penal Code, the court shall determine whether the parent’s
15participation in a program is in the child’s best interest and whether
16it is suitable to meet the needs of the parent and child.

17(f) If the court, pursuant to paragraph (2), (3), (4), (5), (6), (7),
18(8), (9), (10), (11), (12), (13), (14), (15), or (16) of subdivision (b)
19or paragraph (1) of subdivision (e), does not order reunification
20services, it shall, at the dispositional hearing, that shall include a
21permanency hearing, determine if a hearing under Section 366.26
22shall be set in order to determine whether adoption, guardianship,
23or continuation in foster care,begin delete orend deletebegin insert or,end insert in the case of an Indian child,
24in consultation with the child’s tribe, tribal customary adoption,
25is the most appropriate current plan for the child, and shall consider
26in-state and out-of-state placement options. If the court so
27determines, it shall conduct the hearing pursuant to Section 366.26
28within 120 days after the dispositional hearing. However, the court
29shall not schedule a hearing so long as the other parent is being
30provided reunification services pursuant to subdivision (a). The
31court may continue to permit the parent to visit the child unless it
32finds that visitation would be detrimental to the child.

33(g) (1) Whenever a court orders that a hearing shall be held
34pursuant to Section 366.26, including, when, in consultation with
35the child’s tribe, tribal customary adoption is recommended, it
36shall direct the agency supervising the child and the county
37adoption agency, or the State Department of Social Services when
38it is acting as an adoption agency, to prepare an assessment that
39shall include:

P15   1(A) Current search efforts for an absent parent or parents and
2notification of a noncustodial parent in the manner provided for
3in Section 291.

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

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

13(D) A preliminary assessment of the eligibility and commitment
14of any identified prospective adoptive parent or guardian, including
15a prospective tribal customary adoptive parent, particularly the
16caretaker, to include a social history, including screening for
17criminal records and prior referrals for child abuse or neglect, the
18capability to meet the child’s needs, and the understanding of the
19legal and financial rights and responsibilities of adoption and
20guardianship. If a proposed guardian is a relative of the minor, the
21assessment shall also consider, but need not be limited to, all of
22the factors specified in subdivision (a) of Section 361.3 and in
23Section 361.4. As used in this subparagraph, “relative” means an
24adult who is related to the minor by blood, adoption, or affinity
25within the fifth degree of kinship, including stepparents,
26stepsiblings, and all relatives whose status is preceded by the words
27“great,” “great-great,” or “grand,” or the spouse of any of those
28persons even if the marriage was terminated by death or
29dissolution. If the proposed permanent plan is guardianship with
30an approved relative caregiver for a minor eligible for aid under
31the Kin-GAP Program, as provided for in Article 4.7 (commencing
32with Section 11385) of Chapter 2 of Part 3 of Division 9, “relative”
33as used in this section has the same meaning as “relative” as
34defined in subdivision (c) of Section 11391.

35(E) The relationship of the child to any identified prospective
36adoptive parent or guardian, including a prospective tribal
37customary parent, the duration and character of the relationship,
38the degree of attachment of the child to the prospective relative
39guardian or adoptive parent, the relative’s or adoptive parent’s
40strong commitment to caring permanently for the child, the
P16   1motivation for seeking adoption or guardianship, a statement from
2the child concerning placement and the adoption or guardianship,
3and whether the child over 12 years of age has been consulted
4about the proposed relative guardianship arrangements, unless the
5child’s age or physical, emotional, or other condition precludes
6his or her meaningful response, and, if so, a description of the
7condition.

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

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

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

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

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

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

P17   1(h) If, at any hearing held pursuant to Section 366.26, a
2guardianship is established for the minor with an approved relative
3caregiver and juvenile court dependency is subsequently dismissed,
4the minor shall be eligible for aid under the Kin-GAP Program as
5provided for in Article 4.5 (commencing with Section 11360) or
6Article 4.7 (commencing with Section 11385) of Chapter 2 of Part
73 of Division 9, as applicable.

8(i) In determining whether reunification services will benefit
9the child pursuant to paragraph (6) or (7) of subdivision (b), the
10court shall consider any information it deems relevant, including
11the following factors:

12(1) The specific act or omission comprising the severe sexual
13abuse or the severe physical harm inflicted on the child or the
14child’s sibling or half sibling.

15(2) The circumstances under which the abuse or harm was
16inflicted on the child or the child’s sibling or half sibling.

17(3) The severity of the emotional trauma suffered by the child
18or the child’s sibling or half sibling.

19(4) Any history of abuse of other children by the offending
20parent or guardian.

21(5) The likelihood that the child may be safely returned to the
22care of the offending parent or guardian within 12 months with no
23continuing supervision.

24(6) Whether or not the child desires to be reunified with the
25offending parent or guardian.

26(j) When the court determines that reunification services will
27not be ordered, it shall order that the child’s caregiver receive the
28child’s birth certificate in accordance with Sections 16010.4 and
2916010.5. Additionally, when the court determines that reunification
30services will not be ordered, it shall order, when appropriate, that
31a child who is 16 years of age or older receive his or her birth
32certificate.

33(k) The court shall read into the record the basis for a finding
34of severe sexual abuse or the infliction of severe physical harm
35under paragraph (6) of subdivision (b), and shall also specify the
36factual findings used to determine that the provision of
37reunification services to the offending parent or guardian would
38not benefit the child.

39

SEC. 3.  

Section 366 of the Welfare and Institutions Code is
40amended to read:

P18   1

366.  

(a) (1) The status of every dependent child in foster care
2shall be reviewed periodically as determined by the court but no
3less frequently than once every six months, as calculated from the
4date of the original dispositional hearing, until the hearing
5described in Section 366.26 is completed. The court shall consider
6the safety of the child and shall determine all of the following:

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

9(B) The extent of the agency’s compliance with the case plan
10in making reasonable efforts, or, in the case of a child 16 years of
11age or older with another planned permanent living arrangement,
12the ongoing and intensive efforts, including child-centered
13specialized permanency services, as defined in Section 11400, or,
14in the case of an Indian child, active efforts to return the child to
15a safe home, as described in Section 361.7, and to complete any
16steps necessary to finalize the permanent placement of the child,
17including efforts to maintain relationships between a child who is
1810 years of age or older and who has been in an out-of-home
19placement for six months or longer, and individuals other than the
20child’s siblings who are important to the child, consistent with the
21child’s best interests.

22(C) Whether there should be any limitation on the right of the
23parent or guardian to make educational decisions or developmental
24services decisions for the child. That limitation shall be specifically
25addressed in the court order and may not exceed those necessary
26to protect the child. Whenever the court specifically limits the right
27of the parent or guardian to make educational decisions or
28developmental services decisions for the child, the court shall at
29the same time appoint a responsible adult to make educational
30decisions or developmental services decisions for the child pursuant
31to Section 361.

32(D) (i) Whether the child has other siblings under the court’s
33jurisdiction, and, if any siblings exist, all of the following:

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

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

38(III) If the siblings are not placed together in the same home,
39why the siblings are not placed together and what efforts are being
P19   1made to place the siblings together, or why those efforts are not
2appropriate.

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

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

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

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

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

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

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

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

24(E) The extent of progress that has been made toward alleviating
25or mitigating the causes necessitating placement in foster care.

26(F) If the review hearing is the last review hearing to be held
27before the child attains 18 years of age, the court shall conduct the
28hearing pursuant to Section 366.31 or 366.32.

29(2) The court shall project a likely date by which the child may
30be returned to and safely maintained in the home or placed for
31adoption, tribal customary adoption in the case of an Indian child,
32legal guardianship, placed with a fit and willing relative, or, if the
33child is 16 years of age or older, in another planned permanent
34living arrangement with the provision of child-centered specialized
35permanency services, as defined in Section 11400.

36(b) Subsequent to the hearing, periodic reviews of each child
37in foster care shall be conducted pursuant to the requirements of
38Sections 366.3 and 16503.

39(c) If the child has been placed out of state, each review
40described in subdivision (a) and any reviews conducted pursuant
P20   1to Sections 366.3 and 16503 shall also address whether the
2out-of-state placement continues to be the most appropriate
3placement selection and in the best interests of the child.

4(d) (1) A review described in subdivision (a) and any reviews
5conducted pursuant to Sections 366.3 and 16503 shall not result
6in a placement of a child outside the United States prior to a judicial
7finding that the placement is in the best interest of the child, except
8as required by federal law or treaty.

9(2) The party or agency requesting placement of the child outside
10the United States shall carry the burden of proof and must show,
11by clear and convincing evidence, that a placement outside the
12United States is in the best interest of the child.

13(3) In determining the best interest of the child, the court shall
14consider, but not be limited to, the following factors:

15(A) Placement with a relative.

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

17(C) Amount and nature of any contact between the child and
18the potential guardian or caretaker.

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

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

21(F) Social, cultural, and educational needs of the dependent
22child.

23(G) Specific desires of any dependent child who is 12 years of
24age or older.

25(4) If the court finds that a placement outside the United States
26is, by clear and convincing evidence, in the best interest of the
27child, the court may issue an order authorizing the social worker
28or placing agency to make a placement outside the United States.
29A child subject to this subdivision shall not leave the United States
30prior to the issuance of the order described in this paragraph.

31(5) For purposes of this subdivision, “outside the United States”
32shall not include the lands of any federally recognized American
33Indian tribe or Alaskan Natives.

34(6) This section shall not apply to the placement of a dependent
35child with a parent.

36(e) A child may not be placed in an out-of-state group home,
37or remain in an out-of-state group home, unless the group home
38is in compliance with Section 7911.1 of the Family Code.

39(f) The status review of every nonminor dependent, as defined
40in subdivision (v) of Section 11400, shall be conducted pursuant
P21   1to the requirements of Sections 366.3, 366.31, or 366.32, and 16503
2until dependency jurisdiction is terminated pursuant to Section
3391.

4

SEC. 4.  

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

6

366.21.  

(a) Every hearing conducted by the juvenile court
7reviewing the status of a dependent child shall be placed on the
8appearance calendar. The court shall advise all persons present at
9the hearing of the date of the future hearing and of their right to
10be present and represented by counsel.

11(b) Except as provided in Sections 294 and 295, notice of the
12hearing shall be provided pursuant to Section 293.

13(c) At least 10 calendar days prior to the hearing, the social
14worker shall file a supplemental report with the court regarding
15the services provided or offered to the parent or legal guardian to
16enable him or her to assume custody and the efforts made to
17achieve legal permanence for the child if efforts to reunify fail,
18including, but not limited to, efforts to maintain relationships
19between a child who is 10 years of age or older and has been in
20out-of-home placement for six months or longer and individuals
21who are important to the child, consistent with the child’s best
22interests; the progress made; and, where relevant, the prognosis
23for return of the child to the physical custody of his or her parent
24or legal guardian; and shall make his or her recommendation for
25disposition. If the child is a member of a sibling group described
26in subparagraph (C) of paragraph (1) of subdivision (a) of Section
27361.5, the report and recommendation may also take into account
28those factors described in subdivision (e) relating to the child’s
29sibling group. If the recommendation is not to return the child to
30a parent or legal guardian, the report shall specify why the return
31of the child would be detrimental to the child. The social worker
32shall provide the parent or legal guardian, counsel for the child,
33and any court-appointed child advocate with a copy of the report,
34including his or her recommendation for disposition, at least 10
35calendar days prior to the hearing. In the case of a child removed
36from the physical custody of his or her parent or legal guardian,
37the social worker shall, at least 10 calendar days prior to the
38hearing, provide a summary of his or her recommendation for
39disposition to any foster parents, relative caregivers, and certified
40foster parents who have been approved for adoption by the State
P22   1Department of Social Services when it is acting as an adoption
2agency or by a county adoption agency, community care facility,
3or foster family agency having the physical custody of the child.
4The social worker shall include a copy of the Judicial Council
5Caregiver Information Form (JV-290) with the summary of
6recommendations to the child’s foster parents, relative caregivers,
7or foster parents approved for adoption, in the caregiver’s primary
8language when available, along with information on how to file
9the form with the court.

10(d) Prior to any hearing involving a child in the physical custody
11of a community care facility or a foster family agency that may
12result in the return of the child to the physical custody of his or
13her parent or legal guardian, in adoption or the creation of a legal
14guardianship, or, in the case of an Indian child, in consultation
15with the child’s tribe, tribal customary adoption, the facility or
16agency shall file with the court a report, or a Judicial Council
17Caregiver Information Form (JV-290), containing its
18recommendation for disposition. Prior to the hearing involving a
19child in the physical custody of a foster parent, a relative caregiver,
20or a certified foster parent who has been approved for adoption by
21the State Department of Social Services when it is acting as an
22adoption agency or by a county adoption agency, the foster parent,
23relative caregiver, or the certified foster parent who has been
24approved for adoption by the State Department of Social Services
25when it is acting as an adoption agency or by a county adoption
26agency, may file with the court a report containing his or her
27recommendation for disposition. The court shall consider the report
28and recommendation filed pursuant to this subdivision prior to
29determining any disposition.

30(e) (1) At the review hearing held six months after the initial
31dispositional hearing, but no later than 12 months after the date
32the child entered foster care as determined in Section 361.49,
33whichever occurs earlier, after considering the admissible and
34relevant evidence, the court shall order the return of the child to
35the physical custody of his or her parent or legal guardian unless
36the court finds, by a preponderance of the evidence, that the return
37of the child to his or her parent or legal guardian would create a
38substantial risk of detriment to the safety, protection, or physical
39or emotional well-being of the child. The social worker shall have
40the burden of establishing that detriment. At the hearing, the court
P23   1shall consider the criminal history, obtained pursuant to paragraph
2(1) of subdivision (f) of Section 16504.5, of the parent or legal
3guardian subsequent to the child’s removal to the extent that the
4criminal record is substantially related to the welfare of the child
5or the parent’s or guardian’s ability to exercise custody and control
6regarding his or her child, provided the parent or legal guardian
7agreed to submit fingerprint images to obtain criminal history
8information as part of the case plan. The court shall also consider
9whether the child can be returned to the custody of his or her parent
10who is enrolled in a certified substance abuse treatment facility
11that allows a dependent child to reside with his or her parent. The
12fact that the parent is enrolled in a certified substance abuse
13treatment facility shall not be, for that reason alone, prima facie
14evidence of detriment. The failure of the parent or legal guardian
15to participate regularly and make substantive progress in
16court-ordered treatment programs shall be prima facie evidence
17that return would be detrimental. In making its determination, the
18court shall review and consider the social worker’s report and
19recommendations and the report and recommendations of any child
20advocate appointed pursuant to Section 356.5; and shall consider
21the efforts or progress, or both, demonstrated by the parent or legal
22guardian and the extent to which he or she availed himself or
23herself of services provided, taking into account the particular
24barriers to a minor parent or a nonminor dependent parent, or an
25incarcerated, institutionalized, detained, or deported parent’s or
26legal guardian’s access to those court-mandated services and ability
27to maintain contact with his or her child.

28(2) Regardless of whether the child is returned to a parent or
29legal guardian, the court shall specify the factual basis for its
30conclusion that the return would be detrimental or would not be
31detrimental. The court also shall make appropriate findings
32pursuant to subdivision (a) of Section 366; and,begin delete whereend deletebegin insert whenend insert
33 relevant, shall order any additional services reasonably believed
34to facilitate the return of the child to the custody of his or her parent
35or legal guardian. The court shall also inform the parent or legal
36guardian that if the child cannot be returned home by the 12-month
37permanency hearing, a proceeding pursuant to Section 366.26 may
38be instituted. This section does not apply in a casebegin delete where,end deletebegin insert in which,end insert
39 pursuant to Section 361.5, the court has ordered that reunification
40services shall not be provided.

P24   1(3) If the child was under three years of age on the date of the
2initial removal, or is a member of a sibling group described in
3subparagraph (C) of paragraph (1) of subdivision (a) of Section
4361.5, and the court finds by clear and convincing evidence that
5the parent failed to participate regularly and make substantive
6progress in a court-ordered treatment plan, the court may schedule
7a hearing pursuant to Section 366.26 within 120 days. If, however,
8the court finds there is a substantial probability that the child, who
9was under three years of age on the date of initial removal or is a
10member of a sibling group described in subparagraph (C) of
11paragraph (1) of subdivision (a) of Section 361.5, may be returned
12to his or her parent or legal guardian within six months or that
13reasonable services have not been provided, the court shall continue
14the case to the 12-month permanency hearing.

15(4) For the purpose of placing and maintaining a sibling group
16together in a permanent home, the court, in making its
17determination to schedule a hearing pursuant to Section 366.26
18for some or all members of a sibling group, as described in
19subparagraph (C) of paragraph (1) of subdivision (a) of Section
20361.5, shall review and consider the social worker’s report and
21recommendations. Factors the report shall address, and the court
22shall consider, may include, but need not be limited to, whether
23the sibling group was removed from parental care as a group, the
24closeness and strength of the sibling bond, the ages of the siblings,
25the appropriateness of maintaining the sibling group together, the
26detriment to the child if sibling ties are not maintained, the
27likelihood of finding a permanent home for the sibling group,
28whether the sibling group is currently placed together in a
29preadoptive home or has a concurrent plan goal of legal
30permanency in the same home, the wishes of each child whose
31age and physical and emotional condition permits a meaningful
32response, and the best interests of each child in the sibling group.
33The court shall specify the factual basis for its finding that it is in
34the best interests of each child to schedule a hearing pursuant to
35Section 366.26 within 120 days for some or all of the members of
36the sibling group.

37(5) If the child was removed initially under subdivision (g) of
38Section 300 and the court finds by clear and convincing evidence
39that the whereabouts of the parent are still unknown, or the parent
40has failed to contact and visit the child, the court may schedule a
P25   1hearing pursuant to Section 366.26 within 120 days. The court
2shall take into account any particular barriers to a parent’s ability
3to maintain contact with his or her child due to the parent’s
4incarceration, institutionalization, detention by the United States
5Department of Homeland Security, or deportation. If the court
6finds by clear and convincing evidence that the parent has been
7convicted of a felony indicating parental unfitness, the court may
8schedule a hearing pursuant to Section 366.26 within 120 days.

9(6) If the child had been placed under court supervision with a
10previously noncustodial parent pursuant to Section 361.2, the court
11shall determine whether supervision is still necessary. The court
12may terminate supervision and transfer permanent custody to that
13parent, as provided for by paragraph (1) of subdivision (b) of
14Section 361.2.

15(7) In all other cases, the court shall direct that any reunification
16services previously ordered shall continue to be offered to the
17parent or legal guardian pursuant to the time periods set forth in
18subdivision (a) of Section 361.5, provided that the court may
19modify the terms and conditions of those services.

20(8) If the child is not returned to his or her parent or legal
21guardian, the court shall determine whether reasonable services
22that were designed to aid the parent or legal guardian in
23overcoming the problems that led to the initial removal and the
24continued custody of the child have been provided or offered to
25the parent or legal guardian. The court shall order that those
26services be initiated, continued, or terminated.

27(f) (1) The permanency hearing shall be held no later than 12
28months after the date the child entered foster care, as that date is
29determined pursuant to Section 361.49. At the permanency hearing,
30the court shall determine the permanent plan for the child, which
31shall include a determination of whether the child will be returned
32to the child’s home and, if so, when, within the time limits of
33subdivision (a) of Section 361.5. After considering the relevant
34and admissible evidence, the court shall order the return of the
35child to the physical custody of his or her parent or legal guardian
36unless the court finds, by a preponderance of the evidence, that
37the return of the child to his or her parent or legal guardian would
38create a substantial risk of detriment to the safety, protection, or
39physical or emotional well-being of the child. The social worker
40shall have the burden of establishing that detriment.

P26   1(A) At the permanency hearing, the court shall consider the
2criminal history, obtained pursuant to paragraph (1) of subdivision
3(f) of Section 16504.5, of the parent or legal guardian subsequent
4to the child’s removal to the extent that the criminal record is
5substantially related to the welfare of the child or the parent’s or
6legal guardian’s ability to exercise custody and control regarding
7his or her child, provided that the parent or legal guardian agreed
8to submit fingerprint images to obtain criminal history information
9as part of the case plan. The court shall also determine whether
10reasonable services that were designed to aid the parent or legal
11guardian to overcome the problems that led to the initial removal
12and continued custody of the child have been provided or offered
13to the parent or legal guardian.

14(B) The court shall also consider whether the child can be
15returned to the custody of his or her parent who is enrolled in a
16certified substance abuse treatment facility that allows a dependent
17child to reside with his or her parent. The fact that the parent is
18enrolled in a certified substance abuse treatment facility shall not
19be, for that reason alone, prima facie evidence of detriment. The
20failure of the parent or legal guardian to participate regularly and
21make substantive progress in court-ordered treatment programs
22shall be prima facie evidence that return would be detrimental.

23(C) In making its determination, the court shall review and
24consider the social worker’s report and recommendations and the
25report and recommendations of any child advocate appointed
26pursuant to Section 356.5, shall consider the efforts or progress,
27or both, demonstrated by the parent or legal guardian and the extent
28to which he or she availed himself or herself of services provided,
29taking into account the particular barriers to a minor parent or a
30nonminor dependent parent, or an incarcerated, institutionalized,
31detained, or deported parent’s or legal guardian’s access to those
32court-mandated services and ability to maintain contact with his
33or her child, and shall make appropriate findings pursuant to
34subdivision (a) of Section 366.

35(D) For each youth 16 years of age and older, the court shall
36also determine whether services have been made available to assist
37him or her in making the transition from foster care to successful
38adulthood.

39(2) Regardless of whether the child is returned to his or her
40parent or legal guardian, the court shall specify the factual basis
P27   1for its decision. If the child is not returned to a parent or legal
2guardian, the court shall specify the factual basis for its conclusion
3that the return would be detrimental. The court also shall make a
4finding pursuant to subdivision (a) of Section 366. If the child is
5not returned to his or her parent or legal guardian, the court shall
6consider, and state for the record, in-state and out-of-state
7placement options. If the child is placed out of the state, the court
8shall make a determination whether the out-of-state placement
9continues to be appropriate and in the best interests of the child.

10(g) If the time period in which the court-ordered services were
11provided has met or exceeded the time period set forth in
12subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a)
13of Section 361.5, as appropriate, and a child is not returned to the
14custody of a parent or legal guardian at the permanency hearing
15held pursuant to subdivision (f), the court shall do one of the
16following:

17(1) Continue the case for up to six months for a permanency
18review hearing, provided that the hearing shall occur within 18
19months of the date the child was originally taken from the physical
20custody of his or her parent or legal guardian. The court shall
21continue the case only if it finds that there is a substantial
22probability that the child will be returned to the physical custody
23of his or her parent or legal guardian and safely maintained in the
24home within the extended period of time or that reasonable services
25have not been provided to the parent or legal guardian. For the
26purposes of this section, in order to find a substantial probability
27that the child will be returned to the physical custody of his or her
28parent or legal guardian and safely maintained in the home within
29the extended period of time, the court shall be required to find all
30of the following:

31(A) That the parent or legal guardian has consistently and
32regularly contacted and visited with the child.

33(B) That the parent or legal guardian has made significant
34progress in resolving problems that led to the child’s removal from
35the home.

36(C) The parent or legal guardian has demonstrated the capacity
37and ability both to complete the objectives of his or her treatment
38plan and to provide for the child’s safety, protection, physical and
39emotional well-being, and special needs.

P28   1(i) For purposes of this subdivision, the court’s decision to
2continue the case based on a finding or substantial probability that
3the child will be returned to the physical custody of his or her
4parent or legal guardian is a compelling reason for determining
5that a hearing held pursuant to Section 366.26 is not in the best
6interests of the child.

7(ii) The court shall inform the parent or legal guardian that if
8the child cannot be returned home by the next permanency review
9hearing, a proceeding pursuant to Section 366.26 may be instituted.
10The court shall not order that a hearing pursuant to Section 366.26
11be held unless there is clear and convincing evidence that
12reasonable services have been provided or offered to the parent or
13legal guardian.

14(2) Continue the case for up to six months for a permanency
15review hearing, provided that the hearing shall occur within 18
16months of the date the child was originally taken from the physical
17custody of his or her parent or legal guardian, if the parent has
18been arrested and issued an immigration hold, detained by the
19United States Department of Homeland Security, or deported to
20his or her country of origin, and the court determines either that
21there is a substantial probability that the child will be returned to
22the physical custody of his or her parent or legal guardian and
23safely maintained in the home within the extended period of time
24or that reasonable services have not been provided to the parent
25or legal guardian.

26(3) For purposes of paragraph (2), in order to find a substantial
27probability that the child will be returned to the physical custody
28of his or her parent or legal guardian and safely maintained in the
29home within the extended period of time, the court shall find all
30of the following:

31(A) The parent or legal guardian has consistently and regularly
32contacted and visited with the child, taking into account any
33particular barriers to a parent’s ability to maintain contact with his
34or her child due to the parent’s arrest and receipt of an immigration
35hold, detention by the United States Department of Homeland
36Security, or deportation.

37(B) The parent or legal guardian has made significant progress
38in resolving the problems that led to the child’s removal from the
39home.

P29   1(C) The parent or legal guardian has demonstrated the capacity
2or ability both to complete the objectives of his or her treatment
3plan and to provide for the child’s safety, protection, physical and
4emotional well-being, and special needs.

5(4) Order that a hearing be held within 120 days, pursuant to
6Section 366.26, but only if the court does not continue the case to
7the permanency planning review hearing and there is clear and
8convincing evidence that reasonable services have been provided
9or offered to the parents or legal guardians. On and after January
101, 2012, a hearing pursuant to Section 366.26 shall not be ordered
11if the child is a nonminor dependent, unless the nonminor
12dependent is an Indian child and tribal customary adoption is
13recommended as the permanent plan.

14(5) Order that the child remain in foster care with one of the
15permanent plans listed in subparagraph (A), but only if the court
16finds by clear and convincing evidence, based upon the evidence
17already presented to it, including a recommendation by the State
18Department of Social Services when it is acting as an adoption
19agency or by a county adoption agency, that there is a compelling
20reason for determining that a hearing held pursuant to Section
21366.26 is not in the best interests of the child because the child is
22not currently a proper subject for adoption and has no one willing
23to accept legal guardianship as of the hearing date. For purposes
24of this section, a recommendation by the State Department of
25Social Services when it is acting as an adoption agency or by a
26county adoption agency that adoption is not currently in the best
27interests of the child shall constitute a compelling reason for the
28court’s determination. That recommendation shall be based on the
29present circumstances of the child and shall not preclude a different
30 recommendation at a later date if the child’s circumstances change.
31On and after January 1, 2012, the nonminor dependent’s legal
32status as an adult is in and of itself a compelling reason not to hold
33a hearing pursuant to Section 366.26. The court may order that a
34nonminor dependent who otherwise is eligible pursuant to Section
3511403 remain in a planned, permanent living arrangement.

36(A) The court shall make factual findings identifying any
37barriers to achieving the permanent plan as of the hearing date.
38When the child is under 16 years of age, the court shall order a
39permanent plan of return home, adoption, tribal customary adoption
40in the case of an Indian child, legal guardianship, or placement
P30   1with a fit and willing relative, as appropriate. If the court
2determines that it will not order a hearing pursuant to Section
3366.26, and the child is not currently placed with a fit and willing
4relative, the court shall order the provision of child-centered
5specialized permanency services, as defined in Section 11400.
6When the child is 16 years of age or older, or is a nonminor
7dependent, and no other permanent plan is appropriate at the time
8of the hearing, the court may order another planned permanent
9living arrangement, as described in paragraph (2) of subdivision
10(i) of Section 16501, and order that the appropriateness of the
11child’s continuation in another planned permanent living
12arrangement be assessed at the next review hearing held pursuant
13to Section 366. If the court orders another planned permanent
14living arrangement for a child 16 years of age or older, the court
15shall order the provision of child-centered specialized permanency
16services, as defined in Section 11400. If the court orders another
17planned permanent living arrangement for a nonminor dependent,
18the court may order the same services for the nonminor dependent.

19(B) If the court orders that a child who is 10 years of age or
20older remain in foster care, the court shall determine whether the
21agency has made reasonable efforts to maintain the child’s
22relationships with individuals other than the child’s siblings who
23are important to the child, consistent with the child’s best interests,
24and may make any appropriate order to ensure that those
25relationships are maintained.

26(C) If the child is not returned to his or her parent or legal
27guardian, the court shall consider, and state for the record, in-state
28and out-of-state options for permanent placement. If the child is
29placed out of the state, the court shall make a determination
30whether the out-of-state placement continues to be appropriate and
31in the best interests of the child.

32(h) In any case in which the court orders that a hearing pursuant
33to Section 366.26 shall be held, it shall also order the termination
34of reunification services to the parent or legal guardian. The court
35shall continue to permit the parent or legal guardian to visit the
36child pending the hearing unless it finds that visitation would be
37detrimental to the child. The court shall make any other appropriate
38orders to enable the child to maintain relationships with individuals,
39other than the child’s siblings, who are important to the child,
40consistent with the child’s best interests. When the court orders a
P31   1termination of reunification services to the parent or legal guardian,
2it shall also order that the child’s caregiver receive the child’s birth
3certificate in accordance with Sections 16010.4 and 16010.5.
4Additionally, when the court orders a termination of reunification
5services to the parent or legal guardian, it shall order, when
6appropriate, that a child who is 16 years of age or older receive
7his or her birth certificate.

8(i) (1) Whenever a court orders that a hearing pursuant to
9Section 366.26, including, when, in consultation with the child’s
10tribe, tribal customary adoption is recommended, shall be held, it
11shall direct the agency supervising the child and the county
12adoption agency, or the State Department of Social Services when
13it is acting as an adoption agency, to prepare an assessment that
14shall include:

15(A) Current search efforts for an absent parent or parents or
16legal guardians.

17(B) A review of the amount of and nature of any contact between
18the child and his or her parents or legal guardians and other
19members of his or her extended family since the time of placement.
20Although the extended family of each child shall be reviewed on
21a case-by-case basis, “extended family” for the purpose of this
22subparagraph shall include, but not be limited to, the child’s
23siblings, grandparents, aunts, and uncles.

24(C) An evaluation of the child’s medical, developmental,
25scholastic, mental, and emotional status.

26(D) A preliminary assessment of the eligibility and commitment
27of any identified prospective adoptive parent or legal guardian,
28including the prospective tribal customary adoptive parent,
29particularly the caretaker, to include a social history including
30screening for criminal records and prior referrals for child abuse
31or neglect, the capability to meet the child’s needs, and the
32understanding of the legal and financial rights and responsibilities
33of adoption and guardianship. If a proposed guardian is a relative
34of the minor, the assessment shall also consider, but need not be
35limited to, all of the factors specified in subdivision (a) of Section
36361.3 and in Section 361.4.

37(E) The relationship of the child to any identified prospective
38adoptive parent or legal guardian, the duration and character of
39the relationship, the degree of attachment of the child to the
40prospective relative guardian or adoptive parent, the relative’s or
P32   1adoptive parent’s strong commitment to caring permanently for
2the child, the motivation for seeking adoption or guardianship, a
3statement from the child concerning placement and the adoption
4or guardianship, and whether the child, if over 12 years of age,
5has been consulted about the proposed relative guardianship
6arrangements, unless the child’s age or physical, emotional, or
7other condition precludes his or her meaningful response,begin delete andend deletebegin insert and,end insert
8 if so, a description of the condition.

9(F) A description of efforts to be made to identify a prospective
10adoptive parent or legal guardian, including, but not limited to,
11child-specific recruitment and listing on an adoption exchange
12within the state or out of the state.

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

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

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

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

27(2) (A) A relative caregiver’s preference for legal guardianship
28over adoption, if it is due to circumstances that do not include an
29unwillingness to accept legal or financial responsibility for the
30child, shall not constitute the sole basis for recommending removal
31of the child from the relative caregiver for purposes of adoptive
32placement.

33(B) Regardless of his or her immigration status, a relative
34caregiver shall be given information regarding the permanency
35options of guardianship and adoption, including the long-term
36benefits and consequences of each option, prior to establishing
37legal guardianship or pursuing adoption. If the proposed permanent
38plan is guardianship with an approved relative caregiver for a
39minor eligible for aid under the Kin-GAP Program, as provided
40for in Article 4.7 (commencing with Section 11385) of Chapter 2
P33   1of Part 3 of Division 9, the relative caregiver shall be informed
2about the terms and conditions of the negotiated agreement
3pursuant to Section 11387 and shall agree to its execution prior to
4the hearing held pursuant to Section 366.26. A copy of the executed
5negotiated agreement shall be attached to the assessment.

6(j) If, at any hearing held pursuant to Section 366.26, a
7guardianship is established for the minor with an approved relative
8caregiver, and juvenile court dependency is subsequently
9dismissed, the minor shall be eligible for aid under the Kin-GAP
10Program, as provided for in Article 4.5 (commencing with Section
1111360) or Article 4.7 (commencing with Section 11385), as
12applicable, of Chapter 2 of Part 3 of Division 9.

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

25(l) For purposes of this section, evidence of any of the following
26 circumstances shall not, in and of itself, be deemed a failure to
27provide or offer reasonable services:

28(1) The child has been placed with a foster family that is eligible
29to adopt a child, or has been placed in a preadoptive home.

30(2) The case plan includes services to make and finalize a
31permanent placement for the child if efforts to reunify fail.

32(3) Services to make and finalize a permanent placement for
33the child, if efforts to reunify fail, are provided concurrently with
34services to reunify the family.

35

SEC. 5.  

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

37

366.22.  

(a) (1) When a case has been continued pursuant to
38paragraph (1) or (2) of subdivision (g) of Section 366.21, the
39permanency review hearing shall occur within 18 months after the
40date the child was originally removed from the physical custody
P34   1of his or her parent or legal guardian. After considering the
2admissible and relevant evidence, the court shall order the return
3of the child to the physical custody of his or her parent or legal
4guardian unless the court finds, by a preponderance of the evidence,
5that the return of the child to his or her parent or legal guardian
6would create a substantial risk of detriment to the safety, protection,
7or physical or emotional well-being of the child. The social worker
8shall have the burden of establishing that detriment. At the
9permanency review hearing, the court shall consider the criminal
10history, obtained pursuant to paragraph (1) of subdivision (f) of
11Section 16504.5, of the parent or legal guardian subsequent to the
12child’s removal, to the extent that the criminal record is
13substantially related to the welfare of the child or the parent’s or
14legal guardian’s ability to exercise custody and control regarding
15his or her child, provided that the parent or legal guardian agreed
16to submit fingerprint images to obtain criminal history information
17as part of the case plan. The court shall also consider whether the
18child can be returned to the custody of his or her parent who is
19enrolled in a certified substance abuse treatment facility that allows
20a dependent child to reside with his or her parent. The fact that the
21parent is enrolled in a certified substance abuse treatment facility
22shall not be, for that reason alone, prima facie evidence of
23detriment. The failure of the parent or legal guardian to participate
24regularly and make substantive progress in court-ordered treatment
25programs shall be prima facie evidence that return would be
26detrimental. In making its determination, the court shall review
27and consider the social worker’s report and recommendations and
28the report and recommendations of any child advocate appointed
29pursuant to Section 356.5; shall consider the efforts or progress,
30or both, demonstrated by the parent or legal guardian and the extent
31to which he or she availed himself or herself of services provided,
32taking into account the particular barriers of a minor parent or a
33nonminor dependent parent, or an incarcerated or institutionalized
34parent’s or legal guardian’s access to those court-mandated services
35and ability to maintain contact with his or her child; and shall make
36appropriate findings pursuant to subdivision (a) of Section 366.

37(2) Whether or not the child is returned to his or her parent or
38legal guardian, the court shall specify the factual basis for its
39decision. If the child is not returned to a parent or legal guardian,
40the court shall specify the factual basis for its conclusion that return
P35   1would be detrimental. If the child is not returned to his or her parent
2or legal guardian, the court shall consider, and state for the record,
3in-state and out-of-state options for the child’s permanent
4placement. If the child is placed out of the state, the court shall
5make a determination whether the out-of-state placement continues
6to be appropriate and in the best interests of the child.

7(3) Unless the conditions in subdivision (b) are met and the
8child is not returned to a parent or legal guardian at the permanency
9review hearing, the court shall order that a hearing be held pursuant
10to Section 366.26 in order to determine whether adoption, or, in
11the case of an Indian child, in consultation with the child’s tribe,
12tribal customary adoption, guardianship, or continued placement
13in foster care is the most appropriate plan for the child. On and
14after January 1, 2012, a hearing pursuant to Section 366.26 shall
15not be ordered if the child is a nonminor dependent, unless the
16nonminor dependent is an Indian child, and tribal customary
17adoption is recommended as the permanent plan. However, if the
18court finds by clear and convincing evidence, based on the evidence
19already presented to it, including a recommendation by the State
20Department of Social Services when it is acting as an adoption
21agency or by a county adoption agency, that there is a compelling
22reason, as described in paragraph (5) of subdivision (g) of Section
23366.21, for determining that a hearing held under Section 366.26
24is not in the best interests of the child because the child is currently
25not a proper subject for adoption and has no one willing to accept
26legal guardianship as of the hearing date, the court may, only under
27these circumstances, order that the child remain in foster care with
28a permanent plan of return home, adoption, tribal customary
29adoption in the case of an Indian child, legal guardianship, or
30placement with a fit and willing relative, as appropriate. If the
31court determines it will not order a hearing pursuant to Section
32366.26, and the child is not currently placed with a fit and willing
33relative, the court shall order the provision of child-centered
34specialized permanency services, as defined in Section 11400. If
35the child is 16 years of age or older or is a nonminor dependent,
36and no other permanent plan is appropriate at the time of the
37hearing, the court may order another planned permanent living
38arrangement, as described in paragraph (2) of subdivision (i) of
39Section 16501, and order that the appropriateness of the child’s
40continuation in another planned permanent living arrangement be
P36   1assessed at the next review hearing held pursuant to Section 366.3.
2If the court orders another planned permanent living arrangement
3for a child 16 years of age or older, the court shall order the
4provision of child-centered specialized permanency services, as
5defined in Section 11400. The court shall make factual findings
6identifying any barriers to achieving the permanent plan as of the
7hearing date. On and after January 1, 2012, the nonminor
8dependent’s legal status as an adult is in and of itself a compelling
9reason not to hold a hearing pursuant to Section 366.26. The court
10may order that a nonminor dependent who otherwise is eligible
11pursuant to Section 11403 remain in a planned, permanent living
12 arrangement and may order the provision of child-centered
13specialized permanency services, as defined in Section 11400. If
14the court orders that a child who is 10 years of age or older remain
15in foster care, the court shall determine whether the agency has
16made reasonable efforts to maintain the child’s relationships with
17individuals other than the child’s siblings who are important to the
18child, consistent with the child’s best interests, and may make any
19appropriate order to ensure that those relationships are maintained.
20The hearing shall be held no later than 120 days from the date of
21the permanency review hearing. The court shall also order
22termination of reunification services to the parent or legal guardian.
23The court shall continue to permit the parent or legal guardian to
24visit the child unless it finds that visitation would be detrimental
25to the child. The court shall determine whether reasonable services
26have been offered or provided to the parent or legal guardian. For
27purposes of this subdivision, evidence of any of the following
28circumstances shall not, in and of themselves, be deemed a failure
29to provide or offer reasonable services:

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

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

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

37(b) begin insert(1)end insertbegin insertend insertIf the child is not returned to a parent or legal guardian
38at the permanency review hearing and the court determines by
39clear and convincing evidence that the best interests of the child
40would be met by the provision of additional reunification services
P37   1to a parent or legal guardian who is making significant and
2consistent progress in a court-ordered residential substance abuse
3treatment program, a parent who was either a minor parent or a
4nonminor dependent parent at the time of the initial hearing making
5significant and consistent progress in establishing a safe home for
6the child’s return, or a parent recently discharged from
7incarceration, institutionalization, or the custody of the United
8States Department of Homeland Security and making significant
9and consistent progress in establishing a safe home for the child’s
10return, the court may continue the case for up to six months for a
11subsequent permanency review hearing, provided that the hearing
12shall occur within 24 months of the date the child was originally
13taken from the physical custody of his or her parent or legal
14guardian. The court shall continue the case only if it finds that
15there is a substantial probability that the child will be returned to
16the physical custody of his or her parent or legal guardian and
17safely maintained in the home within the extended period of time
18or that reasonable services have not been provided to the parent
19or legal guardian. For the purposes of this section, in order to find
20a substantial probability that the child will be returned to the
21physical custody of his or her parent or legal guardian and safely
22maintained in the home within the extended period of time, the
23court shall be required to find all of the following:

begin delete

24(1)

end delete

25begin insert(A)end insert That the parent or legal guardian has consistently and
26regularly contacted and visited with the child.

begin delete

27(2)

end delete

28begin insert(B)end insert That the parent or legal guardian has made significant and
29consistent progress in the prior 18 months in resolving problems
30that led to the child’s removal from the home.

begin delete

31(3)

end delete

32begin insert(C)end insert The parent or legal guardian has demonstrated the capacity
33and ability both to complete the objectives of his or her substance
34abuse treatment plan as evidenced by reports from a substance
35abuse provider as applicable, or complete a treatment plan
36postdischarge from incarceration, institutionalization, or detention,
37or following deportation to his or her country of origin and his or
38her return to the United States, and to provide for the child’s safety,
39protection, physical and emotional well-being, and special needs.

begin delete

40For

end delete

P38   1begin insert(2)end insertbegin insertend insertbegin insertForend insert purposes of this subdivision, the court’s decision to
2continue the case based on a finding or substantial probability that
3the child will be returned to the physical custody of his or her
4parent or legal guardian is a compelling reason for determining
5that a hearing held pursuant to Section 366.26 is not in the best
6interests of the child.

begin delete

7The

end delete

8begin insert(3)end insertbegin insertend insertbegin insertTheend insert court shall inform the parent or legal guardian that if
9the child cannot be returned home by the subsequent permanency
10review hearing, a proceeding pursuant to Section 366.26 may be
11instituted. The court shall not order that a hearing pursuant to
12Section 366.26 be held unless there is clear and convincing
13evidence that reasonable services have been provided or offered
14to the parent or legal guardian.

15(c) (1) Whenever a court orders that a hearing pursuant to
16Section 366.26, including when a tribal customary adoption is
17recommended, shall be held, it shall direct the agency supervising
18the child and the county adoption agency, or the State Department
19of Social Services when it is acting as an adoption agency, to
20prepare an assessment that shall include:

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

22(B) A review of the amount of and nature of any contact between
23the child and his or her parents and other members of his or her
24extended family since the time of placement. Although the
25extended family of each child shall be reviewed on a case-by-case
26basis, “extended family” for the purposes of this subparagraph
27 shall include, but not be limited to, the child’s siblings,
28grandparents, aunts, and uncles.

29(C) An evaluation of the child’s medical, developmental,
30scholastic, mental, and emotional status.

31(D)  A preliminary assessment of the eligibility and commitment
32of any identified prospective adoptive parent or legal guardian,
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 Section 361.4.

P39   1(E) The relationship of the child to any identified prospective
2adoptive parent or legal guardian, the duration and character of
3the relationship, the degree of attachment of the child to the
4prospective relative guardian or adoptive parent, the relative’s or
5adoptive parent’s strong commitment to caring permanently for
6the child, the motivation for seeking adoption or legal guardianship,
7a statement from the child concerning placement and the adoption
8or legal guardianship, and whether the child, if over 12 years of
9age, has been consulted about the proposed relative guardianship
10arrangements, unless the child’s age or physical, emotional, or
11other condition precludes his or her meaningful response, and, if
12so, a description of the condition.

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

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

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

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

27(2) (A) A relative caregiver’s preference for legal guardianship
28over adoption, if it is due to circumstances that do not include an
29unwillingness to accept legal or financial responsibility for the
30child, shall not constitute the sole basis for recommending removal
31of the child from the relative caregiver for purposes of adoptive
32placement.

33(B) Regardless of his or her immigration status, a relative
34caregiver shall be given information regarding the permanency
35options of guardianship and adoption, including the long-term
36benefits and consequences of each option, prior to establishing
37legal guardianship or pursuing adoption. If the proposed permanent
38plan is guardianship with an approved relative caregiver for a
39minor eligible for aid under the Kin-GAP Program, as provided
40for in Article 4.7 (commencing with Section 11385) of Chapter 2
P40   1of Part 3 of Division 9, the relative caregiver shall be informed
2about the terms and conditions of the negotiated agreement
3pursuant to Section 11387 and shall agree to its execution prior to
4the hearing held pursuant to Section 366.26. A copy of the executed
5negotiated agreement shall be attached to the assessment.

6(d) This section shall become operative January 1, 1999. If at
7any hearing held pursuant to Section 366.26, a legal guardianship
8is established for the minor with an approved relative caregiver,
9and juvenile court dependency is subsequently dismissed, the minor
10shall be eligible for aid under the Kin-GAP Program, as provided
11for in Article 4.5 (commencing with Section 11360) or Article 4.7
12(commencing with Section 11385), as applicable, of Chapter 2 of
13Part 3 of Division 9.

14(e) As used in this section, “relative” means an adult who is
15related to the child 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 for in Article 4.7 (commencing with Section 11385)
23of Chapter 2 of Part 3 of Division 9, “relative” as used in this
24section has the same meaning as “relative” as defined in
25subdivision (c) of Section 11391.

26

SEC. 6.  

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

28

366.25.  

(a) (1) When a case has been continued pursuant to
29subdivision (b) of Section 366.22, the subsequent permanency
30review hearing shall occur within 24 months after the date the
31child was originally removed from the physical custody of his or
32her parent or legal guardian. After considering the relevant and
33admissible evidence, the court shall order the return of the child
34to the physical custody of his or her parent or legal guardian unless
35the court finds, by a preponderance of the evidence, that the return
36of the child to his or her parent or legal guardian would create a
37substantial risk of detriment to the safety, protection, or physical
38or emotional well-being of the child. The social worker shall have
39the burden of establishing that detriment. At the subsequent
40permanency review hearing, the court shall consider the criminal
P41   1history, obtained pursuant to paragraph (1) of subdivision (f) of
2Section 16504.5, of the parent or legal guardian subsequent to the
3child’s removal to the extent that the criminal record is substantially
4related to the welfare of the child or parent’s or legal guardian’s
5ability to exercise custody and control regarding his or her child
6provided that the parent or legal guardian agreed to submit
7fingerprint images to obtain criminal history information as part
8of the case plan. The court shall also consider whether the child
9can be returned to the custody of a parent who is enrolled in a
10certified substance abuse treatment facility that allows a dependent
11child to reside with his or her parent. The fact that the parent is
12enrolled in a certified substance abuse treatment facility shall not
13be, for that reason alone, prima facie evidence of detriment. The
14failure of the parent or legal guardian to participate regularly and
15make substantive progress in court-ordered treatment programs
16 shall be prima facie evidence that return would be detrimental. In
17making its determination, the court shall review and consider the
18social worker’s report and recommendations and the report and
19recommendations of any child advocate appointed pursuant to
20Section 356.5; shall consider the efforts or progress, or both,
21demonstrated by the parent or legal guardian and the extent to
22which he or she availed himself or herself of services provided;
23and shall make appropriate findings pursuant to subdivision (a) of
24Section 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) If the child is not returned to a parent or legal guardian at
36the subsequent permanency review hearing, the court shall order
37that a hearing be held pursuant to Section 366.26 in order to
38determine whether adoption, or, in the case of an Indian child,
39tribal customary adoption, guardianship, or, in the case of a child
4016 years of age or older when no other permanent plan is currently
P42   1appropriate, another planned permanent living arrangement is the
2most appropriate plan for the child. On and after January 1, 2012,
3a hearing pursuant to Section 366.26 shall not be ordered if the
4child is a nonminor dependent, unless the nonminor dependent is
5an Indian child and tribal customary adoption is recommended as
6the permanent plan. However, if the court finds by clear and
7convincing evidence, based on the evidence already presented to
8it, including a recommendation by the State Department of Social
9Services when it is acting as an adoption agency or by a county
10adoption agency, that there is a compelling reason, as described
11in paragraph (5) of subdivision (g) of Section 366.21, for
12determining that a hearing held under Section 366.26 is not in the
13best interest of the child because the child is not currently a proper
14subject for adoption or, in the case of an Indian child, tribal
15customary adoption, and has no one willing to accept legal
16guardianship as of the hearing date, then the court may, only under
17these circumstances, order that the child remain in foster care with
18a permanent plan of return home, adoption, tribal customary
19adoption in the case of an Indian child, legal guardianship, or
20placement with a fit and willing relative, as appropriate. If the
21court determines it will not order a hearing pursuant to Section
22366.26, and the child is not currently placed with a fit and willing
23relative, the court shall order the provision of child-centered
24specialized permanency services, as defined in Section 11400. If
25the child is 16 years of age or older or is a nonminor dependent,
26and no other permanent plan is appropriate at the time of the
27hearing, the court may order another planned permanent living
28arrangement, as described in paragraph (2) of subdivision (i) of
29Section 16501, and order that the appropriateness of the child’s
30continuation in another planned permanent living arrangement be
31assessed at the next review hearing held pursuant to Section 366.
32If the court orders another planned permanent living arrangement
33for a child 16 years of age or older, the court shall order the
34provision of child-centered specialized permanency services, as
35defined in Section 11400, and that the appropriateness of the child’s
36continuation in another planned permanent living arrangement be
37assessed at the next review hearing held pursuant to Section 366.3.
38If the court orders another planned permanent living arrangement
39for a nonminor dependent, the court may order the same services
40for the nonminor dependent. The court shall make factual findings
P42   1identifying any barriers to achieving the permanent plan as of the
2hearing date. On and after January 1, 2012, the nonminor
3dependent’s legal status as an adult is in and of itself a compelling
4reason not to hold a hearing pursuant to Section 366.26. The court
5may order that a nonminor dependent who otherwise is eligible
6pursuant to Section 11403 remain in a planned, permanent living
7arrangement. If the court orders that a child who is 10 years of age
8or older remain in foster care, the court shall determine whether
9the agency has made reasonable efforts to maintain the child’s
10relationships with individuals other than the child’s siblings who
11are important to the child, consistent with the child’s best interests,
12and may make any appropriate order to ensure that those
13relationships are maintained. The hearing shall be held no later
14than 120 days from the date of the subsequent permanency review
15hearing. The court shall also order termination of reunification
16services to the parent or legal guardian. The court shall continue
17to permit the parent or legal guardian to visit the child unless it
18finds that visitation would be detrimental to the child. The court
19shall determine whether reasonable services have been offered or
20provided to the parent or legal guardian. For purposes of this
21paragraph, evidence of any of the following circumstances shall
22not, in and of themselves, be deemed a failure to provide or offer
23reasonable services:

24(A) The child has been placed with a foster family that is eligible
25to adopt a child, or has been placed in a preadoptive home.

26(B) The case plan includes services to make and finalize a
27permanent placement for the child if efforts to reunify fail.

28(C) Services to make and finalize a permanent placement for
29the child, if efforts to reunify fail, are provided concurrently with
30services to reunify the family.

31(b) (1) Whenever a court orders that a hearing pursuant to
32Section 366.26 shall be held, it shall direct the agency supervising
33the child and the county adoption agency, or the State Department
34of Social Services when it is acting as an adoption agency, to
35prepare an assessment that shall include:

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

37(B) A review of the amount of, and nature of, any contact
38between the child and his or her parents and other members of his
39or her extended family since the time of placement. Although the
40extended family of each child shall be reviewed on a case-by-case
P44   1basis, “extended family” for the purposes of this paragraph shall
2include, but not be limited to, the child’s siblings, grandparents,
3aunts, and uncles.

4(C) An evaluation of the child’s medical, developmental,
5scholastic, mental, and emotional status.

6(D) A preliminary assessment of the eligibility and commitment
7of any identified prospective adoptive parent or legal guardian,
8including a prospective tribal customary adoptive parent,
9particularly the caretaker, to include a social history including
10screening for criminal records and prior referrals for child abuse
11or neglect, the capability to meet the child’s needs, and the
12understanding of the legal and financial rights and responsibilities
13of adoption and guardianship. If a proposed legal guardian is a
14relative of the minor, the assessment shall also consider, but need
15not be limited to, all of the factors specified in subdivision (a) of
16Section 361.3 and in Section 361.4.

17(E) The relationship of the child to any identified prospective
18adoptive parent or legal guardian, including a prospective tribal
19customary adoptive parent, the duration and character of the
20relationship, the degree of attachment of the child to the prospective
21relative guardian or adoptive parent, the relative’s or adoptive
22parent’s strong commitment to caring permanently for the child,
23the motivation for seeking adoption or legal guardianship, a
24statement from the child concerning placement and the adoption
25or legal guardianship, and whether the child, if over 12 years of
26age, has been consulted about the proposed relative guardianship
27arrangements, unless the child’s age or physical, emotional, or
28other condition precludes his or her meaningful response, and, if
29so, a description of the condition.

30(F) An analysis of the likelihood that the child will be adopted
31if parental rights are terminated.

32(G) In the case of an Indian child, in addition to subparagraphs
33(A) to (F), inclusive, an assessment of the likelihood that the child
34will be adopted, when, in consultation with the child’s tribe, a
35tribal customary adoption, as defined in Section 366.24, is
36recommended. If tribal customary adoption is recommended, the
37assessment shall include an analysis of both of the following:

38(i) Whether tribal customary adoption would or would not be
39detrimental to the Indian child and the reasons for reaching that
40conclusion.

P45   1(ii) Whether the Indian child cannot or should not be returned
2to the home of the Indian parent or Indian custodian and the reasons
3for reaching that conclusion.

4(2) (A) A relative caregiver’s preference for legal guardianship
5over adoption, if it is due to circumstances that do not include an
6unwillingness to accept legal or financial responsibility for the
7child, shall not constitute the sole basis for recommending removal
8of the child from the relative caregiver for purposes of adoptive
9placement.

10(B) Regardless of his or her immigration status, a relative
11caregiver shall be given information regarding the permanency
12options of guardianship and adoption, including the long-term
13benefits and consequences of each option, prior to establishing
14legal guardianship or pursuing adoption. If the proposed permanent
15plan is guardianship with an approved relative caregiver for a
16minor eligible for aid under the Kin-GAP Program, as provided
17for in Article 4.7 (commencing with Section 11385) of Chapter 2
18of Part 3 of Division 9, the relative caregiver shall be informed
19about the terms and conditions of the negotiated agreement
20pursuant to Section 11387 and shall agree to its execution prior to
21the hearing held pursuant to Section 366.26. A copy of the executed
22negotiated agreement shall be attached to the assessment.

23(c) If, at any hearing held pursuant to Section 366.26, a
24guardianship is established for the minor with an approved relative
25caregiver, and juvenile court dependency is subsequently
26dismissed, the minor shall be eligible for aid under the Kin-GAP
27Program, as provided for in Article 4.5 (commencing with Section
2811360) or Article 4.7 (commencing with Section 11385), as
29applicable, of Chapter 2 of Part 3 of Division 9.

30(d) As used in this section, “relative” means an adult who is
31 related to the minor by blood, adoption, or affinity within the fifth
32degree of kinship, including stepparents, stepsiblings, and all
33relatives whose status is preceded by the words “great,”
34“great-great,” or “grand,” or the spouse of any of those persons
35even if the marriage was terminated by death or dissolution. If the
36proposed permanent plan is guardianship with an approved relative
37 caregiver for a minor eligible for aid under the Kin-GAP Program,
38as provided in Article 4.7 (commencing with Section 11385) of
39Chapter 2 of Part 3 of Division 9, “relative” as used in this section
P46   1has the same meaning as “relative” as defined in subdivision (c)
2of Section 11391.

3

SEC. 7.  

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

5

366.26.  

(a) This section applies to children who are adjudged
6dependent children of the juvenile court pursuant to subdivision
7(d) of Section 360. The procedures specified herein are the
8exclusive procedures for conducting these hearings; Part 2
9(commencing with Section 3020) of Division 8 of the Family Code
10is not applicable to these proceedings. Section 8616.5 of the Family
11Code is applicable and available to all dependent children meeting
12the requirements of that section, if the postadoption contact
13agreement has been entered into voluntarily. For children who are
14adjudged dependent children of the juvenile court pursuant to
15subdivision (d) of Section 360, this section and Sections 8604,
168605, 8606, and 8700 of the Family Code and Chapter 5
17(commencing with Section 7660) of Part 3 of Division 12 of the
18Family Code specify the exclusive procedures for permanently
19terminating parental rights with regard to, or establishing legal
20guardianship of, the child while the child is a dependent child of
21the juvenile court.

22(b) At the hearing, which shall be held in juvenile court for all
23children who are dependents of the juvenile court, the court, in
24order to provide stable, permanent homes for these children, shall
25review the report as specified in Section 361.5, 366.21, 366.22, or
26366.25, shall indicate that the court has read and considered it,
27shall receive other evidence that the parties may present, and then
28shall make findings and orders in the following order of preference:

29(1) Terminate the rights of the parent or parents and order that
30 the child be placed for adoption and, upon the filing of a petition
31for adoption in the juvenile court, order that a hearing be set. The
32court shall proceed with the adoption after the appellate rights of
33the natural parents have been exhausted.

34(2) Order, without termination of parental rights, the plan of
35tribal customary adoption, as described in Section 366.24, through
36tribal custom, traditions, or law of the Indian child’s tribe, and
37upon the court affording the tribal customary adoption order full
38faith and credit at the continued selection and implementation
39hearing, order that a hearing be set pursuant to paragraph (2) of
40subdivision (e).

P47   1(3) Appoint a relative or relatives with whom the child is
2currently residing as legal guardian or guardians for the child, and
3order that letters of guardianship issue.

4(4) On making a finding under paragraph (3) of subdivision (c),
5identify adoption or tribal customary adoption as the permanent
6placement goal and order that efforts be made to locate an
7appropriate adoptive family for the child within a period not to
8exceed 180 days.

9(5) Appoint a nonrelative legal guardian for the child and order
10that letters of guardianship issue.

11(6) Order that the child be permanently placed with a fit and
12willing relative, subject to the periodic review of the juvenile court
13under Section 366.3.

14(7) Order that the child remain in foster care, subject to the
15conditions described in paragraph (4) of subdivision (c) and the
16periodic review of the juvenile court under Section 366.3.

17In choosing among the above alternatives the court shall proceed
18pursuant to subdivision (c).

19(c) (1) If the court determines, based on the assessment provided
20as ordered under subdivision (i) of Section 366.21, subdivision (b)
21of Section 366.22, or subdivision (b) of Section 366.25, and any
22other relevant evidence, by a clear and convincing standard, that
23it is likely the child will be adopted, the court shall terminate
24parental rights and order the child placed for adoption. The fact
25that the child is not yet placed in a preadoptive home nor with a
26relative or foster family who is prepared to adopt the child, shall
27not constitute a basis for the court to conclude that it is not likely
28the child will be adopted. A finding under subdivision (b) or
29paragraph (1) of subdivision (e) of Section 361.5 that reunification
30services shall not be offered, under subdivision (e) of Section
31366.21 that the whereabouts of a parent have been unknown for
32six months or that the parent has failed to visit or contact the child
33for six months, or that the parent has been convicted of a felony
34indicating parental unfitness, or, under Section 366.21 or 366.22,
35that the court has continued to remove the child from the custody
36of the parent or guardian and has terminated reunification services,
37shall constitute a sufficient basis for termination of parental rights.
38Under these circumstances, the court shall terminate parental rights
39unless either of the following applies:

P48   1(A) The child is living with a relative who is unable or unwilling
2to adopt the child because of circumstances that do not include an
3unwillingness to accept legal or financial responsibility for the
4child, but who is willing and capable of providing the child with
5a stable and permanent environment through legal guardianship,
6and the removal of the child from the custody of his or her relative
7would be detrimental to the emotional well-being of the child. For
8purposes of an Indian child, “relative” shall include an “extended
9family member,” as defined in the federal Indian Child Welfare
10Act of 1978 (25 U.S.C. Sec. 1903(2)).

11(B) The court finds a compelling reason for determining that
12termination would be detrimental to the child due to one or more
13of the following circumstances:

14(i) The parents have maintained regular visitation and contact
15with the child and the child would benefit from continuing the
16relationship.

17(ii) A child 12 years of age or older objects to termination of
18parental rights.

19(iii) The child is placed in a residential treatment facility,
20adoption is currently unlikely or undesirable, and continuation of
21parental rights will not prevent finding the child a permanent family
22placement if the parents cannot resume custody when residential
23care is no longer needed. If the court determines that adoption is
24currently unlikely or undesirable, the court shall order
25child-centered specialized permanency services, as defined in
26Section 11400, and assess progress towards placement in a
27permanent family at the next review hearing held pursuant to
28Section 366.3.

29(iv) The child is living with a foster parent or Indian custodian
30who is unable or unwilling to adopt the child because of
31exceptional circumstances, that do not include an unwillingness
32to accept legal or financial responsibility for the child, but who is
33willing and capable of providing the child with a stable and
34permanent environment and the removal of the child from the
35physical custody of his or her foster parent or Indian custodian
36would be detrimental to the emotional well-being of the child. This
37clause does not apply to any child who is either (I) under six years
38of age or (II) a member of a sibling group where at least one child
39is under six years of age and the siblings are, or should be,
40permanently placed together.

P49   1(v) There would be substantial interference with a child’s sibling
2relationship, taking into consideration the nature and extent of the
3relationship, including, but not limited to, whether the child was
4raised with a sibling in the same home, whether the child shared
5significant common experiences or has existing close and strong
6bonds with a sibling, and whether ongoing contact is in the child’s
7best interest, including the child’s long-term emotional interest,
8as compared to the benefit of legal permanence through adoption.

9(vi) The child is an Indian child and there is a compelling reason
10for determining that termination of parental rights would not be
11in the best interest of the child, including, but not limited to:

12(I) Termination of parental rights would substantially interfere
13with the child’s connection to his or her tribal community or the
14child’s tribal membership rights.

15(II) The child’s tribe has identified guardianship, foster care
16with a fit and willing relative, tribal customary adoption, or another
17planned permanent living arrangement for the child.

18(III) The child is a nonminor dependent, and the nonminor and
19the nonminor’s tribe have identified tribal customary adoption for
20the nonminor.

21(C) For purposes of subparagraph (B), in the case of tribal
22customary adoptions, Section 366.24 shall apply.

23(D) If the court finds that termination of parental rights would
24be detrimental to the child pursuant to clause (i), (ii), (iii), (iv),
25(v), or (vi), it shall state its reasons in writing or on the record.

26(2) The court shall not terminate parental rights if:

27(A) At each hearing at which the court was required to consider
28reasonable efforts or services, the court has found that reasonable
29efforts were not made or that reasonable services were not offered
30or provided.

31(B) In the case of an Indian child:

32(i) At the hearing terminating parental rights, the court has found
33that active efforts were not made as required in Section 361.7.

34(ii) The court does not make a determination at the hearing
35terminating parental rights, supported by evidence beyond a
36reasonable doubt, including testimony of one or more “qualified
37expert witnesses” as defined in Section 224.6, that the continued
38custody of the child by the parent is likely to result in serious
39emotional or physical damage to the child.

P50   1(iii) The court has ordered tribal customary adoption pursuant
2to Section 366.24.

3(3) If the court finds that termination of parental rights would
4not be detrimental to the child pursuant to paragraph (1) and that
5the child has a probability for adoption but is difficult to place for
6adoption and there is no identified or available prospective adoptive
7parent, the court may identify adoption as the permanent placement
8goal and without terminating parental rights, order that efforts be
9made to locate an appropriate adoptive family for the child, within
10the state or out of the state, within a period not to exceed 180 days.
11During this 180-day period, the public agency responsible for
12seeking adoptive parents for each child shall, to the extent possible,
13ask each child who is 10 years of age orbegin delete older,end deletebegin insert olderend insert to identify
14any individuals, other than the child’s siblings, who are important
15to the child, in order to identify potential adoptive parents. The
16public agency may ask any other child to provide that information,
17as appropriate. During the 180-day period, the public agency shall,
18to the extent possible, contact other private and public adoption
19agencies regarding the availability of the child for adoption. During
20the 180-day period, the public agency shall conduct the search for
21adoptive parents in the same manner as prescribed for children in
22Sections 8708 and 8709 of the Family Code. At the expiration of
23this period, another hearing shall be held and the court shall
24proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision
25(b). For purposes of this section, a child may only be found to be
26difficult to place for adoption if there is no identified or available
27prospective adoptive parent for the child because of the child’s
28membership in a sibling group, or the presence of a diagnosed
29medical, physical, or mental handicap, or the child is seven years
30of age or more. If the child is found to be difficult to place for
31adoption, the court shall order child-centered specialized
32permanency services, as defined in Section 11400.

33(4) (A) If the court finds that adoption of the child or
34termination of parental rights is not in the best interest of the child,
35because one of the conditions in clause (i), (ii), (iii), (iv), (v), or
36(vi) of subparagraph (B) of paragraph (1) or in paragraph (2)
37applies, the court shall order that the present caretakers or other
38appropriate persons shall become legal guardians of the child, or,
39in the case of an Indian child, consider a tribal customary adoption
40pursuant to Section 366.24. Legal guardianship shall be considered
P51   1before continuing the child in foster care under any other permanent
2plan, if it is in the best interests of the child and if a suitable
3guardian can be found. If the child continues in foster care, the
4court shall make factual findings identifying any barriers to
5achieving adoption, tribal customary adoption in the case of an
6Indian child, legal guardianship, or placement with a fit and willing
7relative as of the date of the hearing and shall order the agency to
8begin providing child-centered specialized permanency services,
9as defined in Section 11400. A child who is 10 years of age or
10begin delete older,end deletebegin insert olderend insert shall be asked to identify any individuals, other than
11the child’s siblings, who are important to the child, in order to
12identify potential guardians or, in the case of an Indian child,
13prospective tribal customary adoptive parents. The agency may
14ask any other child to provide that information, as appropriate.

15(B) (i) If the child is living with an approved relative who is
16willing and capable of providing a stable and permanent
17environment, but not willing to become a legal guardian as of the
18hearing date, the court shall order a permanent plan of placement
19with a fit and willing relative, and the child shall not be removed
20from the home if the court finds the removal would be seriously
21detrimental to the emotional well-being of the child because the
22child has substantial psychological ties to the relative caretaker.

23(ii) If the child is living with a nonrelative caregiver who is
24willing and capable of providing a stable and permanent
25 environment but is not willing to become a legal guardian as of
26the hearing date, the court shall order that the child remain in foster
27care with a permanent plan of return home, adoption, legal
28guardianship, or placement with a fit and willing relative, as
29appropriate, and shall order the agency supervising the child and
30the county adoption agency, or the State Department of Social
31Services when it is acting as an adoption agency, to begin providing
32child-centered specialized permanency services, as defined in
33Section 11400. If the child is 16 years of age or older, or a
34nonminor dependent, and no other permanent plan is appropriate
35at the time of the hearing, the court may order another planned
36permanent living arrangement, as described in paragraph (2) of
37subdivision (i) of Section 16501, and order the provision of
38child-centered specialized permanency services, as defined in
39 Section 11400. If the child is 16 years of age or older, the
40appropriateness of the child’s continuation in a planned permanent
P52   1living arrangement shall be assessed at the next review hearing
2held pursuant to Section 366.3. If the order of another planned
3permanent living arrangement is made for a nonminor dependent,
4the court may order the provision of child-centered specialized
5permanency services, as defined in Section 11400. Regardless of
6the age of the child, the child shall not be removed from the home
7if the court finds the removal would be seriously detrimental to
8the emotional well-being of the child because the child has
9substantial psychological ties to the caregiver.

10(iii) If the child is living in a group home or, on or after January
111, 2017, a short-term residential treatment center, the court shall
12order that the child remain in foster care with a permanent plan of
13return home, adoption, tribal customary adoption in the case of an
14Indian child, legal guardianship, or placement with a fit and willing
15relative, as appropriate. If the child is 16 years of age or older, or
16a nonminor dependent, and no other permanent plan is appropriate
17at the time of the hearing, the court may order another planned
18permanent living arrangement, as described in paragraph (2) of
19subdivision (i) of Section 16501. If the child is 16 years or older,
20the court shall order the provision of child-centered specialized
21permanency services, as defined in Section 11400, and order that
22the appropriateness of the child’s continuation in a planned
23permanent living arrangement be assessed again at the next review
24hearing held pursuant to Section 366.3. If the order of another
25planned permanent living arrangement is made for a nonminor
26dependent, the court may order the provision of child-centered
27specialized permanency services, as defined in Section 11400.

28(C) The court shall also make an order for visitation with the
29parents or guardians unless the court finds by a preponderance of
30the evidence that the visitation would be detrimental to the physical
31or emotional well-being of the child.

32(5) begin insert(A)end insertbegin insertend insertIf the court finds that the child should not be placed for
33adoption, that legal guardianship shall not be established, that
34placement with a fit and willing relative is not appropriate as of
35the hearing date, and that there are no suitable foster parents except
36exclusive-use homes available to provide the child with a stable
37and permanent environment, the court may order the care, custody,
38and control of the child transferred from the county welfare
39department to a licensed foster family agency. The court shall
40 consider the written recommendation of the county welfare director
P53   1regarding the suitability of the transfer. The transfer shall be subject
2to further court orders.

begin delete

3The

end delete

4begin insert(B)end insertbegin insertend insertbegin insertTheend insert licensed foster family agency shall place the child in a
5suitable licensed or exclusive-use home that has been certified by
6the agency as meeting licensing standards. The licensed foster
7family agency shall be responsible for supporting the child and
8providing appropriate services to the child, including those services
9ordered by the court. Responsibility for the support of the child
10shall not, in and of itself, create liability on the part of the foster
11family agency to third persons injured by the child. Those children
12whose care, custody, and control are transferred to a foster family
13agency shall not be eligible for foster care maintenance payments
14or child welfare services, except for emergency response services
15pursuant to Section 16504.

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

27(e) (1) The proceeding for the adoption of a child who is a
28dependent of the juvenile court shall be in the juvenile court if the
29court finds pursuant to this section that adoption is the appropriate
30permanent plan and the petition for adoption is filed in the juvenile
31court. Upon the filing of a petition for adoption, the juvenile court
32shall order that an adoption hearing be set. The court shall proceed
33with the adoption after the appellate rights of the natural parents
34have been exhausted. The full report required by Section 8715 of
35the Family Code shall be read and considered by the court prior
36to the adoption and this shall be reflected in the minutes of the
37court. The person preparing the report may be called and examined
38by any party to the proceeding. It is the intent of the Legislature,
39pursuant to this subdivision, to give potential adoptive parents the
40option of filing in the juvenile court the petition for the adoption
P54   1of a child who is a dependent of the juvenile court. Nothing in this
2section is intended to prevent the filing of a petition for adoption
3in any other court as permitted by law, instead of in the juvenile
4court.

5(2) In the case of an Indian child, if the Indian child’s tribe has
6elected a permanent plan of tribal customary adoption, the court,
7upon receiving the tribal customary adoption order will afford the
8tribal customary adoption order full faith and credit to the same
9extent that the court would afford full faith and credit to the public
10acts, records, judicial proceedings, and judgments of any other
11entity. Upon a determination that the tribal customary adoption
12order may be afforded full faith and credit, consistent with Section
13224.5, the court shall thereafter order a hearing to finalize the
14adoption be set upon the filing of the adoption petition. The
15prospective tribal customary adoptive parents and the child who
16is the subject of the tribal customary adoption petition shall appear
17before the court for the finalization hearing. The court shall
18thereafter issue an order of adoption pursuant to Section 366.24.

19(3) If a child who is the subject of a finalized tribal customary
20adoption shows evidence of a developmental disability or mental
21illness as a result of conditions existing before the tribal customary
22adoption to the extent that the child cannot be relinquished to a
23licensed adoption agency on the grounds that the child is considered
24difficult to place for adoption as pursuant to paragraph (3) of
25subdivision (c) and of which condition the tribal customary
26adoptive parent or parents had no knowledge or notice before the
27entry of the tribal customary adoption order, a petition setting forth
28those facts may be filed by the tribal customary adoptive parent
29or parents with the juvenile court that granted the tribal customary
30adoption petition. If these facts are proved to the satisfaction of
31the juvenile court, it may make an order setting aside the tribal
32customary adoption order. The set-aside petition shall be filed
33within five years of the issuance of the tribal customary adoption
34order. The court clerk shall immediately notify the child’s tribe
35and the department in Sacramento of the petition within 60 days
36after the notice of filing of the petition. The department shall file
37a full report with the court and shall appear before the court for
38the purpose of representing the child. Whenever a final decree of
39tribal customary adoption has been vacated or set aside, the child
40shall be returned to the custody of the county in which the
P55   1proceeding for tribal customary adoption was finalized. The
2biological parent or parents of the child may petition for return of
3custody. The disposition of the child after the court has entered an
4order to set aside a tribal customary adoption shall include
5consultation with the child’s tribe.

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

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

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

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

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

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

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

39(3) (A) The testimony of the child may be taken in chambers
40and outside the presence of the child’s parent or parents, if the
P56   1child’s parent or parents are represented by counsel, the counsel
2is present, and any of the following circumstances exists:

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

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

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

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

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

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

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

35(3) A child who has not been adopted after the passage of at
36least three years from the date the court terminated parental rights
37and for whom the court has determined that adoption is no longer
38the permanent plan may petition the juvenile court to reinstate
39parental rights pursuant to the procedure prescribed by Section
40388. The child may file the petition prior to the expiration of this
P57   1three-year period if the State Department of Social Services, county
2adoption agency, or licensed adoption agency that is responsible
3for custody and supervision of the child as described in subdivision
4(j) and the child stipulate that the child is no longer likely to be
5adopted. A child over 12 years of age shall sign the petition in the
6absence of a showing of good cause as to why the child could not
7do so. If it appears that the best interests of the child may be
8promoted by reinstatement of parental rights, the court shall order
9that a hearing be held and shall give prior notice, or cause prior
10notice to be given, to the social worker or probation officer and to
11the child’s attorney of record, or, if there is no attorney of record
12for the child, to the child, and the child’s tribe, if applicable, by
13means prescribed by subdivision (c) of Section 297. The court
14shall order the child or the social worker or probation officer to
15give prior notice of the hearing to the child’s former parent or
16parents whose parental rights were terminated in the manner
17prescribed by subdivision (f) of Section 294 where the
18recommendation is adoption. The juvenile court shall grant the
19petition if it finds by clear and convincing evidence that the child
20is no longer likely to be adopted and that reinstatement of parental
21rights is in the child’s best interest. If the court reinstates parental
22rights over a child who is under 12 years of age and for whom the
23new permanent plan will not be reunification with a parent or legal
24guardian, the court shall specify the factual basis for its findings
25that it is in the best interest of the child to reinstate parental rights.
26This subdivision is intended to be retroactive and applies to any
27child who is under the jurisdiction of the juvenile court at the time
28of the hearing regardless of the date parental rights were terminated.

29(j) If the court, by order or judgment, declares the child free
30from the custody and control of both parents, or one parent if the
31other does not have custody and control, or declares the child
32eligible for tribal customary adoption, the court shall at the same
33time order the child referred to the State Department of Social
34Services, county adoption agency, or licensed adoption agency for
35adoptive placement by the agency. However, except in the case
36of a tribal customary adoption where there is no termination of
37 parental rights, a petition for adoption may not be granted until
38the appellate rights of the natural parents have been exhausted.
39The State Department of Social Services, county adoption agency,
40or licensed adoption agency shall be responsible for the custody
P58   1and supervision of the child and shall be entitled to the exclusive
2care and control of the child at all times until a petition for adoption
3or tribal customary adoption is granted, except as specified in
4subdivision (n). With the consent of the agency, the court may
5appoint a guardian of the child, who shall serve until the child is
6adopted.

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

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

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

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

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

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

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

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

37(A) A trial court, after issuance of an order directing a hearing
38pursuant to this section be held, shall advise all parties of the
39requirement of filing a petition for extraordinary writ review as
40set forth in this subdivision in order to preserve any right to appeal
P59   1in these issues. This notice shall be made orally to a party if the
2party is present at the time of the making of the order or by
3first-class mail by the clerk of the court to the last known address
4of a party not present at the time of the making of the order.

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

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

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

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

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

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

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

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

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

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

40(A) Applying for an adoption home study.

P60   1(B) Cooperating with an adoption home study.

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

4(D) Requesting de facto parent status.

5(E) Signing an adoptive placement agreement.

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

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

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

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

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

33(B) A hearing ordered pursuant to this paragraph shall be held
34as soon as possible and not later than five court days after the
35petition is filed with the court or the court sets a hearing upon its
36own motion, unless the court for good cause is unable to set the
37matter for hearing five court days after the petition is filed, in
38which case the court shall set the matter for hearing as soon as
39possible. At the hearing, the court shall determine whether the
40caretaker has met the threshold criteria to be designated as a
P61   1prospective adoptive parent pursuant to paragraph (1), and whether
2the proposed removal of the child from the home of the designated
3prospective adoptive parent is in the child’s best interest, and the
4child may not be removed from the home of the designated
5prospective adoptive parent unless the court finds that removal is
6in the child’s best interest. If the court determines that the caretaker
7did not meet the threshold criteria to be designated as a prospective
8adoptive parent on the date of service of the notice of proposed
9removal of the child, the petition objecting to the proposed removal
10filed by the caretaker shall be dismissed. If the caretaker was
11designated as a prospective adoptive parent prior to this hearing,
12the court shall inquire into any progress made by the caretaker
13towards the adoption of the child since the caretaker was designated
14as a prospective adoptive parent.

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

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

27(4) Notwithstanding paragraph (3), if the State Department of
28Social Services, county adoption agency, or licensed adoption
29agency determines that the child must be removed from the home
30of the caretaker who is or may be a designated prospective adoptive
31parent immediately, due to a risk of physical or emotional harm,
32the agency may remove the child from that home and is not
33required to provide notice prior to the removal. However, as soon
34as possible and not longer than two court days after the removal,
35the agency shall notify the court, the caretaker who is or may be
36a designated prospective adoptive parent, the child’s attorney, and
37the child, if the child is 10 years of age or older, of the removal.
38Within five court days or seven calendar days, whichever is longer,
39of the date of notification of the removal, the child, the child’s
40attorney, or the caretaker who is or may be a designated prospective
P62   1adoptive parent may petition for, or the court on its own motion
2may set, a noticed hearing pursuant to paragraph (3). The court
3may, for good cause, extend the filing period.

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

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

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

14

SEC. 8.  

Section 366.3 of the Welfare and Institutions Code is
15amended to read:

16

366.3.  

(a) If a juvenile court orders a permanent plan of
17adoption, tribal customary adoption, adoption of a nonminor
18dependent pursuant to subdivision (f) of Section 366.31, or legal
19guardianship pursuant to Section 360 or 366.26, the court shall
20retain jurisdiction over the child or nonminor dependent until the
21child or nonminor dependent is adopted or the legal guardianship
22is established, except as provided for in Section 366.29 or, on and
23after January 1, 2012, Section 366.32. The status of the child or
24nonminor dependent shall be reviewed every six months to ensure
25that the adoption or legal guardianship is completed as
26expeditiously as possible. When the adoption of the child or
27nonminor dependent has been granted, or in the case of a tribal
28customary adoption, when the tribal customary adoption order has
29been afforded full faith and credit and the petition for adoption
30has been granted, the court shall terminate its jurisdiction over the
31child or nonminor dependent. Following establishment of a legal
32guardianship, the court may continue jurisdiction over the child
33as a dependent child of the juvenile court or may terminate its
34dependency jurisdiction and retain jurisdiction over the child as a
35ward of the legal guardianship, as authorized by Section 366.4. If,
36however, a relative of the child is appointed the legal guardian of
37the child and the child has been placed with the relative for at least
38six months, the court shall, except if the relative guardian objects,
39or upon a finding of exceptional circumstances, terminate its
40dependency jurisdiction and retain jurisdiction over the child as a
P63   1ward of the guardianship, as authorized by Section 366.4.
2Following a termination of parental rights, the parent or parents
3shall not be a party to, or receive notice of, any subsequent
4proceedings regarding the child.

5(b) (1) If the court has dismissed dependency jurisdiction
6following the establishment of a legal guardianship, or no
7dependency jurisdiction attached because of the granting of a legal
8guardianship pursuant to Section 360, and the legal guardianship
9is subsequently revoked or otherwise terminated, the county
10department of social services or welfare department shall notify
11the juvenile court of this fact. The court may vacate its previous
12order dismissing dependency jurisdiction over the child.

13(2) Notwithstanding Section 1601 of the Probate Code, the
14proceedings to terminate a legal guardianship that has been granted
15pursuant to Section 360 or 366.26 shall be held either in the
16juvenile court that retains jurisdiction over the guardianship as
17authorized by Section 366.4 or the juvenile court in the county
18where the guardian and child currently reside, based on the best
19interests of the child, unless the termination is due to the
20emancipation or adoption of the child. The juvenile court having
21jurisdiction over the guardianship shall receive notice from the
22court in which the petition is filed within five calendar days of the
23filing. Prior to the hearing on a petition to terminate legal
24guardianship pursuant to this subdivision, the court shall order the
25county department of social services or welfare department having
26jurisdiction or jointly with the county department where the
27guardian and child currently reside to prepare a report, for the
28court’s consideration, that shall include an evaluation of whether
29the child could safely remain in, or be returned to, the legal
30guardian’s home, without terminating the legal guardianship, if
31services were provided to the child or legal guardian. If applicable,
32the report shall also identify recommended family maintenance or
33reunification services to maintain the legal guardianship and set
34forth a plan for providing those services. If the petition to terminate
35legal guardianship is granted, either juvenile court may resume
36dependency jurisdiction over the child, and may order the county
37department of social services or welfare department to develop a
38new permanent plan, which shall be presented to the court within
3960 days of the termination. If no dependency jurisdiction has
40attached, the social worker shall make any investigation he or she
P64   1deems necessary to determine whether the child may be within the
2jurisdiction of the juvenile court, as provided in Section 328.

3(3) Unless the parental rights of the child’s parent or parents
4have been terminated, they shall be notified that the legal
5guardianship has been revoked or terminated and shall be entitled
6to participate in the new permanency planning hearing. The court
7shall try to place the child in another permanent placement. At the
8hearing, the parents may be considered as custodians but the child
9shall not be returned to the parent or parents unless they prove, by
10a preponderance of the evidence, that reunification is the best
11alternative for the child. The court may, if it is in the best interests
12of the child, order that reunification services again be provided to
13the parent or parents.

14(c) If, following the establishment of a legal guardianship, the
15county welfare department becomes aware of changed
16circumstances that indicate adoption or, for an Indian child, tribal
17customary adoption, may be an appropriate plan for the child, the
18department shall so notify the court. The court may vacate its
19previous order dismissing dependency jurisdiction over the child
20and order that a hearing be held pursuant to Section 366.26 to
21determine whether adoption or continued legal guardianship is the
22most appropriate plan for the child. The hearing shall be held no
23later than 120 days from the date of the order. If the court orders
24that a hearing shall be held pursuant to Section 366.26, the court
25shall direct the agency supervising the child and the county
26adoption agency, or the State Department of Social Services if it
27is acting as an adoption agency, to prepare an assessment under
28subdivision (b) of Section 366.22.

29(d) If the child or, on and after January 1, 2012, nonminor
30dependent is in a placement other than the home of a legal guardian
31and jurisdiction has not been dismissed, the status of the child shall
32be reviewed at least every six months. The review of the status of
33a child for whom the court has ordered parental rights terminated
34and who has been ordered placed for adoption shall be conducted
35by the court. The review of the status of a child or, on and after
36January 1, 2012, nonminor dependent for whom the court has not
37ordered parental rights terminated and who has not been ordered
38placed for adoption may be conducted by the court or an
39appropriate local agency. The court shall conduct the review under
40the following circumstances:

P65   1(1) Upon the request of the child’s parents or legal guardians.

2(2) Upon the request of the child or, on and after January 1,
32012, nonminor dependent.

4(3) It has been 12 months since a hearing held pursuant to
5Section 366.26 or an order that the child remain in foster care
6pursuant to Section 366.21, 366.22, 366.25, 366.26, or subdivision
7(h).

8(4) It has been 12 months since a review was conducted by the
9court.

10The court shall determine whether or not reasonable efforts,
11including the provision of child-centered specialized permanency
12services, as defined in Section 11400, to make and finalize a
13permanent placement for the child have been made.

14(e) Except as provided in subdivision (g), at the review held
15every six months pursuant to subdivision (d), the reviewing body
16shall inquire about the progress being made to provide a permanent
17home for the child, shall consider the safety of the child, and shall
18determine all of the following:

19(1) The continuing necessity for, and appropriateness of, the
20placement.

21(2) The extent to which child-centered specialized permanency
22services, as described Section 11400, have been provided.

23(3) Identification of individuals other than the child’s siblings
24who are important to a child who is 10 years of age or older and
25has been in out-of-home placement for six months or longer, and
26actions necessary to maintain the child’s relationship with those
27individuals, provided that those relationships are in the best interest
28of the child. The social worker shall ask every child who is 10
29years of age or older and who has been in out-of-home placement
30for six months or longer to identify individuals other than the
31child’s siblings who are important to the child, and may ask any
32other child to provide that information, as appropriate. The social
33worker shall make efforts to identify other individuals who are
34important to the child, consistent with the child’s best interests.

35(4) The continuing appropriateness and extent of compliance
36with the permanent plan for the child, including efforts to maintain
37relationships between a child who is 10 years of age or older and
38who has been in out-of-home placement for six months or longer
39and individuals who are important to the child and efforts to
40identify a prospective adoptive parent or legal guardian, including,
P66   1but not limited to, child-specific recruitment efforts and listing on
2an adoption exchange.

3(5) The extent of the agency’s compliance with the child welfare
4services case plan in making reasonable efforts either to return the
5child to the safe home of the parent or to complete whatever steps
6are necessary to finalize the permanent placement of the child,
7including the provision of child-centered specialized permanency
8services, as defined in Section 11400. If the reviewing body
9determines that a second period of reunification services is in the
10child’s best interests, and that there is a significant likelihood of
11the child’s return to a safe home due to changed circumstances of
12the parent, pursuant to subdivision (f), the specific reunification
13services required to effect the child’s return to a safe home shall
14be described.

15(6) Whether there should be any limitation on the right of the
16parent or guardian to make educational decisions or developmental
17services decisions for the child. That limitation shall be specifically
18addressed in the court order and may not exceed what is necessary
19to protect the child. If the court specifically limits the right of the
20parent or guardian to make educational decisions or developmental
21services decisions for the child, the court shall at the same time
22appoint a responsible adult to make educational decisions or
23developmental services decisions for the child pursuant to Section
24361.

25(7) The adequacy of services provided to the child. The court
26shall consider the progress in providing the information and
27documents to the child, as described in Section 391. The court
28shall also consider the need for, and progress in providing, the
29assistance and services described in Section 391.

30(8) The extent of progress the parents or legal guardians have
31made toward alleviating or mitigating the causes necessitating
32placement in foster care.

33(9) The likely date by which the child may be returned to, and
34safely maintained in, the home, placed for adoption, legal
35guardianship, placed with a fit and willing relative, or, for an Indian
36child, in consultation with the child’s tribe, placed for tribal
37customary adoption, or, if the child is 16 years of age or older, and
38no other permanent plan is appropriate at the time of the hearing,
39in another planned permanent living arrangement with the provision
P67   1of child-centered specialized permanency services, as defined in
2Section 11400.

3(10) Whether the child has any siblings under the court’s
4jurisdiction, and, if any siblings exist, all of the following:

5(A) The nature of the relationship between the child and his or
6her siblings.

7(B) The appropriateness of developing or maintaining the sibling
8relationships pursuant to Section 16002.

9(C) If the siblings are not placed together in the same home,
10why the siblings are not placed together and what efforts are being
11made to place the siblings together, or why those efforts are not
12appropriate.

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

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

15(ii) If there are visits between the siblings, whether the visits
16are supervised or unsupervised. If the visits are supervised, a
17discussion of the reasons why the visits are supervised, and what
18needs to be accomplished in order for the visits to be unsupervised.

19(iii) If there are visits between the siblings, a description of the
20location and length of the visits.

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

22(E) The impact of the sibling relationships on the child’s
23placement and planning for legal permanence.

24The factors the court may consider as indicators of the nature of
25the child’s sibling relationships include, but are not limited to,
26whether the siblings were raised together in the same home,
27whether the siblings have shared significant common experiences
28or have existing close and strong bonds, whether either sibling
29expresses a desire to visit or live with his or her sibling, as
30applicable, and whether ongoing contact is in the child’s best
31emotional interests.

32(11) For a child who is 14 years of age or older, and, effective
33January 1, 2012, for a nonminor dependent, the services needed
34to assist the child or nonminor dependent to make the transition
35from foster care to successful adulthood.

36The reviewing body shall determine whether or not reasonable
37 efforts, including the provision of child-centered specialized
38permanency services, as defined in Section 11400, to make and
39finalize a permanent placement for the child have been made.

P68   1Each licensed foster family agency shall submit reports for each
2child in its care, custody, and control to the court concerning the
3continuing appropriateness and extent of compliance with the
4child’s permanent plan, the extent of compliance with the case
5plan, and the type and adequacy of services provided to the child.

6(f) Unless their parental rights have been permanently
7terminated, the parent or parents of the child are entitled to receive
8notice of, and participate in, those hearings. It shall be presumed
9that continued care is in the best interests of the child, unless the
10parent or parents prove, by a preponderance of the evidence, that
11further efforts at reunification are the best alternative for the child.
12In those cases, the court may order that further reunification
13services to return the child to a safe home environment be provided
14to the parent or parents up to a period of six months, and family
15maintenance services, as needed for an additional six months in
16order to return the child to a safe home environment. On and after
17January 1, 2012, this subdivision shall not apply to the parents of
18a nonminor dependent.

19(g) begin insert(1)end insertbegin insertend insertAt the review conducted by the court and held at least
20every six months, regarding a child for whom the court has ordered
21parental rights terminated and who has been ordered placed for
22adoption, or, for an Indian child for whom parental rights are not
23being terminated and a tribal customary adoption is being
24considered, the county welfare department shall prepare and present
25to the court a report describing the following:

begin delete

26(1)

end delete

27begin insert(A)end insert The child’s present placement.

begin delete

28(2)

end delete

29begin insert(B)end insert The child’s current physical, mental, emotional, and
30educational status.

begin delete

31(3)

end delete

32begin insert(C)end insert If the child has not been placed with a prospective adoptive
33parent or guardian, identification of individuals, other than the
34child’s siblings, who are important to the child and actions
35necessary to maintain the child’s relationship with those
36individuals, provided that those relationships are in the best interest
37of the child. The agency shall ask every child who is 10 years of
38age or older to identify any individuals who are important to him
39or her, consistent with the child’s best interest, and may ask any
40child who is younger than 10 years of age to provide that
P69   1information as appropriate. The agency shall make efforts to
2identify other individuals who are important to the child.

begin delete

3(4)

end delete

4begin insert(D)end insert Whether the child has been placed with a prospective
5adoptive parent or parents.

begin delete

6(5)

end delete

7begin insert(E)end insert Whether an adoptive placement agreement has been signed
8and filed.

begin delete

9(6)

end delete

10begin insert(F)end insert If the child has not been placed with a prospective adoptive
11parent or parents, the efforts made to identify an appropriate
12prospective adoptive parent or legal guardian, including, but not
13limited to, child-centered specialized permanency services, as
14defined in Section 11400, child-specific recruitment efforts, and
15listing on an adoption exchange.

begin delete

16(7)

end delete

17begin insert(G)end insert Whether the final adoption order should include provisions
18for postadoptive sibling contact pursuant to Section 366.29.

begin delete

19(8)

end delete

20begin insert(H)end insert The progress of the search for an adoptive placement if one
21has not been identified.

begin delete

22(9)

end delete

23begin insert(I)end insert Any impediments to the adoption or the adoptive placement.

begin delete

24(10)

end delete

25begin insert(J)end insert The anticipated date by which the child will be adopted or
26placed in an adoptive home.

begin delete

27(11)

end delete

28begin insert(K)end insert The anticipated date by which an adoptive placement
29agreement will be signed.

begin delete

30(12)

end delete

31begin insert(L)end insert Recommendations for court orders that will assist in the
32placement of the child for adoption or in the finalization of the
33 adoption, including the provision of child-centered specialized
34permanency services, as defined in Section 11400.

begin delete

35The

end delete

36begin insert(2)end insertbegin insertend insertbegin insertTheend insert court shall determine whether or not reasonable efforts
37to make and finalize a permanent placement for the child have
38been made.

begin delete

39The

end delete

P70   1begin insert(3)end insertbegin insertend insertbegin insertTheend insert court shall make appropriate orders to protect the
2stability of the child and to facilitate and expedite the permanent
3placement and adoption of the child.

4(h) (1) At the review held pursuant to subdivision (d) for a child
5in foster care, the court shall consider all permanency planning
6options for the child including whether the child should be returned
7to the home of the parent, placed for adoption, or, for an Indian
8child, in consultation with the child’s tribe, placed for tribal
9customary adoption, or appointed a legal guardian, placed with a
10fit and willing relative, or, if compelling reasons exist for finding
11that none of the foregoing options are in the best interest of the
12child and the child is 16 years of age or older, whether the child
13should be placed in another planned permanent living arrangement
14with the provision of child-centered specialized permanency
15services, as defined in Section 11400. The court shall order that a
16hearing be held pursuant to Section 366.26, unless it determines
17by clear and convincing evidence that there is a compelling reason
18for determining that a hearing held pursuant to Section 366.26 is
19not in the best interest of the child because the child is being
20returned to the home of the parent, the child is not currently a
21proper subject for adoption, or no one is willing to accept legal
22guardianship as of the hearing date. If the county adoption agency,
23or the department when it is acting as an adoption agency, has
24determined it is unlikely that the child will be adopted or one of
25the conditions described in paragraph (1) of subdivision (c) of
26Section 366.26 applies, that fact shall constitute a compelling
27reason for purposes of this subdivision. Only upon that
28determination may the court order that the child remain in foster
29care, without holding a hearing pursuant to Section 366.26. The
30court shall make factual findings identifying any barriers to
31achieving the permanent plan as of the hearing date. On and after
32January 1, 2012, the nonminor dependent’s legal status as an adult
33is in and of itself a compelling reason not to hold a hearing pursuant
34to Section 366.26.

35(2) When the child is 16 years of age or older and in another
36planned permanent living arrangement, the court shall do all of
37the following:

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

P71   1(B) Make a judicial determination explaining why, as of the
2hearing date, another planned permanent living arrangement is the
3best permanency plan for the child.

4(C) State for the record the compelling reason or reasons why
5it continues not to be in the best interest of the child to return home,
6be placed for adoption, be placed for tribal customary adoption in
7the case of an Indian child, be placed with a legal guardian, or be
8placed with a fit and willing relative.

9(3) When the child is 16 years of age or older and is in another
10planned permanent living arrangement, the social study prepared
11for the hearing shall include a description of all of the following:

12(A) The intensive and ongoing efforts, including the provision
13of child-centered specialized permanency services, as defined in
14Section 11400, to return the child to the home of the parent, place
15the child for adoption, or establish a legal guardianship, as
16appropriate.

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

18(i) Ensure that the child’s care provider is following the
19reasonable and prudent parent standard.

20(ii) Determine whether the child has regular, ongoing
21opportunities to engage in age or developmentally appropriate
22activities, including consulting with the child about opportunities
23for the child to participate in those activities.

24(4) When the child is under 16 years of age and has a permanent
25plan of return home, adoption, legal guardianship, or placement
26with a fit and willing relative, any barriers to achieving the
27permanent plan and the efforts made by the agency address those
28barriers, including the provision of child-centered specialized
29permanency services, as defined in Section 11400.

30(i) If, as authorized by subdivision (h), the court orders a hearing
31pursuant to Section 366.26, the court shall direct the agency
32supervising the child and the county adoption agency, or the State
33Department of Social Services when it is acting as an adoption
34agency, to prepare an assessment as provided for in subdivision
35(i) of Section 366.21 or subdivision (b) of Section 366.22. A
36hearing held pursuant to Section 366.26 shall be held no later than
37120 days from the date of the 12-month review at which it is
38ordered, and at that hearing the court shall determine whether
39adoption, tribal customary adoption, legal guardianship, placement
40with a fit and willing relative, or, for a child 16 years of age or
P72   1older, another planned permanent living arrangement is the most
2appropriate plan for the child. On and after January 1, 2012, a
3hearing pursuant to Section 366.26 shall not be ordered if the child
4is a nonminor dependent, unless the nonminor dependent is an
5Indian child and tribal customary adoption is recommended as the
6permanent plan. The court may order that a nonminor dependent
7who otherwise is eligible pursuant to Section 11403 remain in a
8planned, permanent living arrangement. At the request of the
9nonminor dependent who has an established relationship with an
10adult determined to be the nonminor dependent’s permanent
11connection, the court may order adoption of the nonminor
12dependent pursuant to subdivision (f) of Section 366.31.

13(j) The reviews conducted pursuant to subdivision (a) or (d)
14may be conducted earlier than every six months if the court
15determines that an earlier review is in the best interests of the child
16or as court rules prescribe.

17

SEC. 9.  

Section 371 is added to the Welfare and Institutions
18Code
, to read:

19

371.  

When the court has ordered a dependent child or a ward
20of the juvenile court placed for adoption or has appointed a relative
21or nonrelative legal guardian, the social worker or probation officer
22shall provide the prospective adoptive family or the guardian or
23guardians information, in writing, regarding the importance of
24working with mental health providers that have specialized
25adoption or permanency clinical training and experience if the
26family needs clinical support, and a description of the desirable
27clinical expertise the family should look for when choosing an
28adoption- or permanency-competent mental health professional.

29

SEC. 10.  

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

31

706.5.  

(a) If placement in foster care is recommended by the
32probation officer, or where the minor is already in foster care
33placement or pending placement pursuant to an earlier order, the
34social study prepared by the probation officer that is received into
35evidence at disposition pursuant to Section 706 shall include a
36case plan, as described in Section 706.6. If the court elects to hold
37the first status review at the disposition hearing, the social study
38shall also include, but not be limited to, the factual material
39described in subdivision (c).

P73   1(b) If placement in foster care is not recommended by the
2probation officer prior to disposition, but the court orders foster
3care placement, the court shall order the probation officer to prepare
4a case plan, as described in Section 706.6, within 30 days of the
5placement order. The case plan shall be filed with the court.

6(c) At each status review hearing, the social study shall include,
7but not be limited to, an updated case plan as described in Section
8706.6 and the following information:

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

11(2) The extent of the probation department’s compliance with
12the case plan in making reasonable efforts to safely return the
13minor to the minor’s home or to complete whatever steps are
14necessary to finalize the permanent placement of the minor.

15(3) The extent of progress that has been made by the minor and
16parent or guardian toward alleviating or mitigating the causes
17necessitating placement in foster care.

18(4) If the first permanency planning hearing has not yet occurred,
19the social study shall include the likely date by which the minor
20may be returned to and safely maintained in the home or placed
21for adoption, appointed a legal guardian, permanently placed with
22a fit and willing relative, or referred to another planned permanent
23living arrangement.

24(5) Whether the minor has been or will be referred to educational
25services and what services the minor is receiving, including special
26education and related services if the minor has exceptional needs
27as described in Part 30 (commencing with Section 56000) of
28Division 4 of Title 2 of the Education Code or accommodations
29if the child has disabilities as described in Chapter 16 (commencing
30with Section 701) of Title 29 of the United States Code Annotated.
31The probation officer or child advocate shall solicit comments
32from the appropriate local education agency prior to completion
33of the social study.

34(6) If the parent or guardian is unwilling or unable to participate
35in making an educational or developmental services decision for
36his or her child, or if other circumstances exist that compromise
37the ability of the parent or guardian to make educational or
38developmental services decisions for the child, the probation
39department shall consider whether the right of the parent or
40guardian to make educational or developmental services decisions
P74   1for the minor should be limited. If the study makes that
2recommendation, it shall identify whether there is a responsible
3adult available to make educational or developmental services
4decisions for the minor pursuant to Section 726.

5(7) When the minor is 16 years of age or older and in another
6planned permanent living arrangement, the social study shall
7include a description of all of the following:

8(A) The intensive and ongoing efforts, including child-centered
9specialized permanency services, as defined in Section 11400, to
10return the minor to the home of the parent, place the minor for
11adoption, or establish a legal guardianship, as appropriate.

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

13(i) Ensure that the minor’s care provider is following the
14reasonable and prudent parent standard.

15(ii) Determine whether the minor has regular, ongoing
16opportunities to engage in age or developmentally appropriate
17activities, including consulting with the minor about opportunities
18for the minor to participate in the activities.

19(8) When the minor is under 16 years of age and has a permanent
20plan of return home, adoption, legal guardianship, or placement
21with a fit and willing relative, the social study shall include a
22description of any barriers to achieving the permanent plan and
23the efforts made by the agency to address those barriers.

24(d) At each permanency planning hearing, the social study shall
25include, but not be limited to, an updated case plan as described
26in Section 706.6, the factual material described in subdivision (c)
27of this section, and a recommended permanent plan for the minor.

28

SEC. 11.  

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

30

706.6.  

(a) Services to minors are best provided in a framework
31that integrates service planning and delivery among multiple
32service systems, including the mental health system, using a
33team-based approach, such as a child and family team. A child
34and family team brings together individuals that engage with the
35child or youth and family in assessing, planning, and delivering
36services. Use of a team approach increases efficiency, and thus
37reduces cost, by increasing coordination of formal services and
38integrating the natural and informal supports available to the child
39or youth and family.

P75   1(b) (1) For the purposes of this section, “child and family team”
2has the same meaning as in paragraph (4) of subdivision (a) of
3Section 16501.

4(2) In its development of the case plan, the probation agency
5shall consider any recommendations of the child and family team,
6as defined in paragraph (4) of subdivision (a) of Section 16501.
7The agency shall document the rationale for any inconsistencies
8between the case plan and the child and family team
9recommendations.

10(c) A case plan prepared as required by Section 706.5 shall be
11submitted to the court. It shall either be attached to the social study
12or incorporated as a separate section within the social study. The
13case plan shall include, but not be limited to, the following
14information:

15(1) A description of the circumstances that resulted in the minor
16being placed under the supervision of the probation department
17and in foster care.

18(2) Documentation of the preplacement assessment of the
19minor’s and family’s strengths and service needs showing that
20preventive services have been provided, and that reasonable efforts
21to prevent out-of-home placement have been made. The assessment
22shall include the type of placement best equipped to meet those
23needs.

24(3) (A) A description of the type of home or institution in which
25the minor is to be placed, and the reasons for that placement
26decision, including a discussion of the safety and appropriateness
27of the placement, including the recommendations of the child and
28family team, if available.

29(B) An appropriate placement is a placement in the least
30restrictive, most family-like environment that promotes normal
31childhood experiences, in closest proximity to the minor’s home,
32that meets the minor’s best interests and special needs.

33(d) The following shall apply:

34(1) The agency selecting a placement shall consider, in order
35of priority:

36(A) Placement with relatives, nonrelated extended family
37members, and tribal members.

38(B) Foster family homes and certified homes or resource families
39of foster family agencies.

P76   1(C) Treatment and intensive treatment certified homes or
2resource families of foster family agencies, or multidimensional
3treatment foster homes or therapeutic foster care homes.

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

5(i) Short-term residential treatment centers.

6(ii) Group homes.

7(iii) Community treatment facilities.

8(iv) Out-of-state residential treatment pursuant to Part 5
9(commencing with Section 7900) of Division 12 of the Family
10Code.

11(2) Although the placement options shall be considered in the
12preferential order specified in paragraph (1), the placement of a
13child may be with any of these placement settings in order to ensure
14the selection of a safe placement setting that is in the child’s best
15interests and meets the child’s special needs.

16(3) A minor may be placed into a community care facility
17licensed as a short-term residential treatment center, as defined in
18subdivision (ad) of Section 11400, provided the case plan indicates
19that the placement is for the purposes of providing short-term,
20specialized, and intensive treatment for the minor, the case plan
21specifies the need for, nature of, and anticipated duration of this
22treatment, and the case plan includes transitioning the minor to a
23less restrictive environment and the projected timeline by which
24the minor will be transitioned to a less restrictive environment.

25(e) Effective January 1, 2010, a case plan shall ensure the
26educational stability of the child while in foster care and shall
27include both of the following:

28(1) Assurances that the placement takes into account the
29appropriateness of the current educational setting and the proximity
30to the school in which the child is enrolled at the time of placement.

31(2) An assurance that the placement agency has coordinated
32with appropriate local educational agencies to ensure that the child
33remains in the school in which the child is enrolled at the time of
34placement, or, if remaining in that school is not in the best interests
35of the child, assurances by the placement agency and the local
36educational agency to provide immediate and appropriate
37enrollment in a new school and to provide all of the child’s
38educational records to the new school.

39(f) Specific time-limited goals and related activities designed
40to enable the safe return of the minor to his or her home, or in the
P77   1event that return to his or her home is not possible, activities
2designed to result in permanent placement or emancipation.
3Specific responsibility for carrying out the planned activities shall
4be assigned to one or more of the following:

5(1) The probation department.

6(2) The minor’s parent or parents or legal guardian or guardians,
7as applicable.

8(3) The minor.

9(4) The foster parents or licensed agency providing foster care.

10(g) The projected date of completion of the case plan objectives
11and the date services will be terminated.

12(h) (1) Scheduled visits between the minor and his or her family
13and an explanation if no visits are made.

14(2) Whether the child has other siblings, and, if any siblings
15exist, all of the following:

16(A) The nature of the relationship between the child and his or
17her siblings.

18(B) The appropriateness of developing or maintaining the sibling
19relationships pursuant to Section 16002.

20(C) If the siblings are not placed together in the same home,
21why the siblings are not placed together and what efforts are being
22made to place the siblings together, or why those efforts are not
23appropriate.

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

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

26(ii) If there are visits between the siblings, whether the visits
27are supervised or unsupervised. If the visits are supervised, a
28discussion of the reasons why the visits arebegin delete supervised,end deletebegin insert supervisedend insert
29 and what needs to be accomplished in order for the visits to be
30unsupervised.

31(iii) If there are visits between the siblings, a description of the
32location and length of the visits.

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

34(E) The impact of the sibling relationships on the child’s
35placement and planning for legal permanence.

36(F) The continuing need to suspend sibling interaction, if
37applicable, pursuant to subdivision (c) of Section 16002.

38(3) The factors the court may consider in making a determination
39regarding the nature of the child’s sibling relationships may
40include, but are not limited to, whether the siblings were raised
P78   1together in the same home, whether the siblings have shared
2significant common experiences or have existing close and strong
3 bonds, whether either sibling expresses a desire to visit or live with
4his or her sibling, as applicable, and whether ongoing contact is
5in the child’s best emotional interests.

6(i) (1) When placement is made in a foster family home, group
7home, or other child care institution that is either a substantial
8distance from the home of the minor’s parent or legal guardian or
9out of state, the case plan shall specify the reasons why the
10placement is the most appropriate and is in the best interest of the
11minor.

12(2) When an out-of-state group home placement is recommended
13or made, the case plan shall comply with Section 727.1 of this
14code and Section 7911.1 of the Family Code. In addition,
15documentation of the recommendation of the multidisciplinary
16team and the rationale for this particular placement shall be
17included. The case plan shall also address what in-state services
18or facilities were used or considered and why they were not
19recommended.

20(j) If applicable, efforts to make it possible to place siblings
21together, unless it has been determined that placement together is
22not in the best interest of one or more siblings.

23(k) A schedule of visits between the minor and the probation
24officer, including a monthly visitation schedule for those children
25placed in group homes.

26(l) Health and education information about the minor, school
27records, immunizations, known medical problems, and any known
28medications the minor may be taking, names and addresses of the
29minor’s health and educational providers; the minor’s grade level
30performance; assurances that the minor’s placement in foster care
31takes into account proximity to the school in which the minor was
32enrolled at the time of placement; and other relevant health and
33educational information.

34(m) When out-of-home services are used and the goal is
35reunification, the case plan shall describe the services that were
36provided to prevent removal of the minor from the home, those
37services to be provided to assist in reunification and the services
38to be provided concurrently to achieve legal permanency if efforts
39to reunify fail.

P79   1(n) (1) The updated case plan prepared for a permanency
2planning hearing shall include a recommendation for a permanent
3plan for the minor. The identified permanent plan for a minor under
416 years of age shall be return home, adoption, legal guardianship,
5or placement with a fit and willing relative. The case plan shall
6identify any barriers to achieving legal permanence and the steps
7the agency will take to address those barriers.

8(2) If, after considering reunification, adoptive placement, legal
9guardianship, or permanent placement with a fit and willing relative
10the probation officer recommends placement in a planned
11permanent living arrangement for a minor 16 years of age or older,
12the case plan shall include documentation of a compelling reason
13or reasons why termination of parental rights is not in the minor’s
14best interest. For purposes of this subdivision, a “compelling
15reason” shall have the same meaning as in subdivision (c) of
16Section 727.3. The case plan shall also identify the intensive and
17ongoing efforts, including the provision of child-centered
18specialized permanency services, as described Section 11400, to
19return the minor to the home of the parent, place the minor for
20adoption, establish a legal guardianship, or place the minor with
21a fit and willing relative, as appropriate. Efforts shall include the
22use of technology, including social media, to find biological family
23members of the minor.

24(o) Each updated case plan shall include a description of the
25services that have been provided to the minor under the plan and
26an evaluation of the appropriateness and effectiveness of those
27services.

28(p) A statement that the parent or legalbegin delete guardian,end deletebegin insert guardianend insert and
29the minor have had an opportunity to participate in the development
30of the case plan, to review the case plan, to sign the case plan, and
31to receive a copy of the plan, or an explanation about why the
32parent, legal guardian, or minor was not able to participate or sign
33the case plan.

34(q) For a minor in out-of-home care who is 16 years of age or
35older, a written description of the programs and services, which
36will help the minor prepare for the transition from foster care to
37successful adulthood.

38

SEC. 12.  

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

P80   1

727.2.  

The purpose of this section is to provide a means to
2monitor the safety and well-being of every minor in foster care
3who has been declared a ward of the juvenile court pursuant to
4Section 601 or 602 and to ensure that everything reasonably
5possible is done to facilitate the safe and early return of the minor
6to his or her home or to establish an alternative permanent plan
7for the minor.

8(a) If the court orders the care, custody, and control of the minor
9to be under the supervision of the probation officer for placement
10pursuant to subdivision (a) of Section 727, the juvenile court shall
11order the probation department to ensure the provision of
12reunification services to facilitate the safe return of the minor to
13his or her home or the permanent placement of the minor, and to
14address the needs of the minor while in foster care, except as
15provided in subdivision (b).

16(b) Reunification services need not be provided to a parent or
17legal guardian if the court finds by clear and convincing evidence
18that one or more of the following is true:

19(1) Reunification services were previously terminated for that
20parent or guardian, pursuant to Section 366.21, 366.22, or 366.25,
21or not offered, pursuant to subdivision (b) of Section 361.5, in
22reference to the same minor.

23(2) The parent has been convicted of any of the following:

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

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

26(C) Aiding or abetting, attempting, conspiring, or soliciting to
27commit that murder or manslaughter described in subparagraph
28(A) or (B).

29(D) A felony assault that results in serious bodily injury to the
30minor or another child of the parent.

31(3) The parental rights of the parent with respect to a sibling
32have been terminated involuntarily, and it is not in the best interest
33of the minor to reunify with his or her parent or legal guardian.

34If no reunification services are offered to the parent or guardian,
35the permanency planning hearing, as described in Section 727.3,
36shall occur within 30 days of the date of the hearing at which the
37decision is made not to offer services.

38(c) The status of every minor declared a ward and ordered to
39be placed in foster care shall be reviewed by the court no less
40frequently than once every six months. The six-month time periods
P81   1shall be calculated from the date the minor entered foster care, as
2defined in paragraph (4) of subdivision (d) of Section 727.4. If the
3court so elects, the court may declare the hearing at which the court
4orders the care, custody, and control of the minor to be under the
5supervision of the probation officer for foster care placement
6pursuant to subdivision (a) of Section 727 at the first status review
7hearing. It shall be the duty of the probation officer to prepare a
8written social study report including an updated case plan, pursuant
9to subdivision (b) of Section 706.5, and submit the report to the
10court prior to each status review hearing, pursuant to subdivision
11(b) of Section 727.4. The social study report shall include all
12reports the probation officer relied upon in making his or her
13recommendations.

14(d) Prior to any status review hearing involving a minor in the
15physical custody of a community care facility or foster family
16agency, the facility or agency may provide the probation officer
17with a report containing its recommendations. Prior to any status
18review hearing involving the physical custody of a foster parent,
19relative caregiver, preadoptive parent, or legal guardian, that person
20may present to the court a report containing his or her
21recommendations. The court shall consider all reports and
22recommendations filed pursuant to subdivision (c) and pursuant
23to this subdivision.

24(e) At any status review hearing prior to the first permanency
25planning hearing, the court shall consider the safety of the minor
26and make findings and orders which determine the following:

27(1) The continuing necessity for and appropriateness of the
28placement.

29(2) The extent of the probation department’s compliance with
30the case plan in making reasonable efforts,begin delete orend deletebegin insert or,end insert in the case of a
31child 16 years of age or older with another planned permanent
32living arrangement, the ongoing and intensive efforts, including
33provision of child-centered specialized permanency services, as
34defined in Section 11400, to safely return the minor to the minor’s
35home or to complete whatever steps are necessary to finalize the
36permanent placement of the minor.

37(3) Whether there should be any limitation on the right of the
38parent or guardian to make educational decisions for the minor.
39That limitation shall be specifically addressed in the court order
40and may not exceed what is necessary to protect the minor. If the
P82   1 court specifically limits the right of the parent or guardian to make
2educational decisions for the minor, the court shall at the same
3time appoint a responsible adult to make educational decisions for
4the minor pursuant to Section 726.

5(4) The extent of progress that has been made by the minor and
6parent or guardian toward alleviating or mitigating the causes
7necessitating placement in foster care.

8(5) The likely date by which the minor may be returned to and
9safely maintained in the home or placed for adoption, appointed
10a legal guardian, permanently placed with a fit and willing relative,
11or, if the minor is 16 years of age or older, referred to another
12planned permanent living arrangement with the provision of
13child-centered specialized permanency services, as defined in
14Section 11400.

15(6) In the case of a minor who has reached 16 years of age, the
16court shall, in addition, determine the services needed to assist the
17minor to make the transition from foster care to successful
18adulthood.

19The court shall make these determinations on a case-by-case
20basis and reference in its written findings the probation officer’s
21report and any other evidence relied upon in reaching its decision.

22(f) At any status review hearing prior to the first permanency
23hearing, after considering the admissible and relevant evidence,
24the court shall order return of the minor to the physical custody of
25his or her parent or legal guardian unless the court finds, by a
26preponderance of evidence, that the return of the minor to his or
27her parent or legal guardian would create a substantial risk of
28detriment to the safety, protection, or physical or emotional
29well-being of the minor. The probation department shall have the
30burden of establishing that detriment. In making its determination,
31the court shall review and consider the social study report,
32recommendations, and the case plan pursuant to subdivision (b)
33of Section 706.5, the report and recommendations of any child
34advocate appointed for the minor in the case, and any other reports
35submitted to the court pursuant to subdivision (d), and shall
36consider the efforts or progress, or both, demonstrated by the minor
37and family and the extent to which the minor availed himself or
38herself of the services provided.

39(g) At all status review hearings subsequent to the first
40permanency planning hearing, the court shall consider the safety
P83   1of the minor and make the findings and orders as described in
2paragraphs (1) to (4), inclusive, and (6) of subdivision (e). The
3court shall either make a finding that the previously ordered
4permanent plan continues to be appropriate or shall order that a
5new permanent plan be adopted pursuant to subdivision (b) of
6Section 727.3. However, the court shall not order a permanent plan
7of “return to the physical custody of the parent or legal guardian
8after further reunification services are offered,” as described in
9paragraph (2) of subdivision (b) of Section 727.3.

10(h) The status review hearings required by subdivision (c) may
11be heard by an administrative review panel, provided that the
12administrative panel meets all of the requirements listed in
13subparagraph (B) of paragraph (7) of subdivision (d) of Section
14727.4.

15(i) (1) On and after January 1, 2012, at any status review hearing
16at which a recommendation to terminate delinquency jurisdiction
17is being considered, or at the status review hearing held closest to
18the ward attaining 18 years of age, but no fewer than 90 days before
19the ward’s 18th birthday, the court shall consider whether to modify
20its jurisdiction pursuant to Section 601 or 602 and assume transition
21jurisdiction over the minor pursuant to Section 450. The probation
22department shall address this issue in its report to the court and
23make a recommendation as to whether transition jurisdiction is
24appropriate for the minor.

25(2) The court shall order the probation department or the minor’s
26attorney to submit an application to the child welfare services
27department pursuant to Section 329 to declare the minor a
28dependent of the court and modify its jurisdiction from delinquency
29to dependency jurisdiction if it finds both of the following:

30(A) The ward does not come within the description set forth in
31Section 450, but jurisdiction as a ward may no longer be required.

32(B) The ward appears to come within the description of Section
33300 and cannot be returned home safely.

34(3) The court shall set a hearing within 20 judicial days of the
35date of its order issued pursuant to paragraph (2) to review the
36decision of the child welfare services department and may either
37affirm the decision not to file a petition pursuant to Section 300
38or order the child welfare services department to file a petition
39pursuant to Section 300.

P84   1(j) On and after January 1, 2012, if a review hearing pursuant
2to this section is the last review hearing to be held before the minor
3attains 18 years of age, the court shall ensure that the minor’s
4transitional independent living case plan includes a plan for the
5minor to meet one or more of the criteria in paragraphs (1) to (5),
6inclusive, of subdivision (b) of Section 11403, so that the minor
7can become a nonminor dependent, and that the minor has been
8informed of his or her right to decline to become a nonminor
9dependent and to seek termination of the court’s jurisdiction
10pursuant to Section 607.2.

11

SEC. 13.  

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

13

727.3.  

The purpose of this section is to provide a means to
14monitor the safety and well-being of every minor in foster care
15who has been declared a ward of the juvenile court pursuant to
16Section 601 or 602 and to ensure that everything reasonably
17possible is done to facilitate the safe and early return of the minor
18to his or her own home or to establish an alternative permanent
19plan for the minor.

20(a) (1) For every minor declared a ward and ordered to be
21placed in foster care, a permanency planning hearing shall be
22conducted within 12 months of the date the minor entered foster
23care, as defined in paragraph (4) of subdivision (d) of Section
24727.4. Subsequent permanency planning hearings shall be
25conducted periodically, but no less frequently than once every 12
26months thereafter during the period of placement. It shall be the
27duty of the probation officer to prepare a written social study report
28including an updated case plan and a recommendation for a
29permanent plan, pursuant to subdivision (c) of Section 706.5, and
30submit the report to the court prior to each permanency planning
31hearing, pursuant to subdivision (b) of Section 727.4.

32(2) Prior to any permanency planning hearing involving a minor
33in the physical custody of a community care facility or foster family
34agency, the facility or agency may file with the court a report
35containing its recommendations, in addition to the probation
36officer’s social study. Prior to any permanency planning hearing
37involving the physical custody of a foster parent, relative caregiver,
38 preadoptive parent, or legal guardian, that person may present to
39the court a report containing his or her recommendations. The
P85   1court shall consider all reports and recommendations filed pursuant
2to this subdivision.

3(3) If the minor has a continuing involvement with his or her
4parents or legal guardians, the parents or legal guardians shall be
5involved in the planning for a permanent placement. The court
6order placing the minor in a permanent placement shall include a
7specification of the nature and frequency of visiting arrangements
8with the parents or legal guardians.

9(4) At each permanency planning hearing, the court shall order
10a permanent plan for the minor, as described in subdivision (b).
11The court shall also make findings, as described in subdivision (e)
12of Section 727.2. In the case of a minor who has reached 16 years
13of age or older, the court shall, in addition, determine the services
14needed to assist the minor to make the transition from foster care
15to successful adulthood. The court shall make all of these
16determinations on a case-by-case basis and make reference to the
17probation officer’s report, the case plan, or other evidence relied
18upon in making its decisions.

19(5) When the minor is 16 years of age or older, and is in another
20planned permanent living arrangement, the court, at each
21permanency planning hearing, shall do all of the following:

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

23(B) Review documentation of intensive and ongoing efforts,
24including the provision of child-centered specialized permanency
25services, as defined in Section 11400, to place the child in a
26permanent family.

27(C) Make a judicial determination explaining why, as of the
28hearing date, another planned permanent living arrangement is the
29best permanency plan for the minor.

30(D) State for the record the compelling reason or reasons why
31it continues not to be in the best interest of the minor to return
32home, be placed for adoption, be placed with a legal guardian, or
33be placed with a fit and willing relative.

34(b) At all permanency planning hearings, the court shall
35determine the permanent plan for the minor. The court shall order
36one of the following permanent plans, which are, in order of
37priority:

38(1) Return of the minor to the physical custody of the parent or
39legal guardian. After considering the admissible and relevant
P86   1evidence, the court shall order the return of the minor to the
2physical custody of his or her parent or legal guardian unless:

3(A) Reunification services were not offered, pursuant to
4subdivision (b) of Section 727.2.

5(B) The court finds, by a preponderance of the evidence, that
6the return of the minor to his or her parent or legal guardian would
7create a substantial risk of detriment to the safety, protection, or
8physical or emotional well-being of the minor. The probation
9department shall have the burden of establishing that detriment.
10In making its determination, the court shall review and consider
11 the social study report and recommendations pursuant to Section
12706.5, the report and recommendations of any child advocate
13appointed for the minor in the case, and any other reports submitted
14pursuant to paragraph (2) of subdivision (a), and shall consider
15the efforts or progress, or both, demonstrated by the minor and
16family and the extent to which the minor availed himself or herself
17of the services provided.

18(2) Order that the permanent plan for the minor will be to return
19the minor to the physical custody of the parent or legal guardian,
20order further reunification services to be provided to the minor
21and his or her parent or legal guardian for a period not to exceed
22six months and continue the case for up to six months for a
23subsequent permanency planning hearing, provided that the
24subsequent hearing shall occur within 18 months of the date the
25minor was originally taken from the physical custody of his or her
26parent or legal guardian. The court shall continue the case only if
27it finds that there is a substantial probability that the minor will be
28returned to the physical custody of his or her parent or legal
29guardian and safely maintained in the home within the extended
30period of time or that reasonable services have not been provided
31to the parent or guardian. For purposes of this section, in order to
32find that there is a substantial probability that the minor will be
33returned to the physical custody of his or her parent or legal
34guardian, the court shall be required to find that the minor and his
35or her parent or legal guardian have demonstrated the capacity and
36ability to complete the objectives of the case plan.

begin delete

37The

end delete

38begin insert(A)end insertbegin insertend insertbegin insertTheend insert court shall inform the parent or legal guardian that if
39the minor cannot be returned home by the next permanency
P87   1planning hearing, a proceeding pursuant to Section 727.31 may
2be initiated.

begin delete

3The

end delete

4begin insert(B)end insertbegin insertend insertbegin insertTheend insert court shall not continue the case for further reunification
5services if it has been 18 months or more since the date the minor
6was originally taken from the physical custody of his or her parent
7or legal guardian.

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

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

18(5) Place the minor with a fit and willing relative. “Placement
19with a fit and willing relative” means placing the minor with an
20appropriate approved relative who is willing to provide a permanent
21and stable home for the minor, but is unable or unwilling to become
22the legal guardian. When a minor is placed with a fit and willing
23relative, the court may authorize the relative to provide the same
24legal consent for the minor’s medical, surgical, and dental care,
25and education as the custodial parent of the minor.

26(6) (A) begin insert(i)end insertbegin insertend insertIf he or she is 16 years of age or older, place the
27minor in another planned permanent living arrangement. For
28purposes of this section, “planned permanent living arrangement”
29means any permanent living arrangement described in Section
3011402 that is ordered by the court for a minor 16 years of age or
31older when there is a compelling reason or reasons to determine
32that it is not in the best interest of the minor to have any permanent
33plan listed in paragraphs (1) to (5), inclusive. These plans include,
34but are not limited to, placement in a specific, identified foster
35family home, program, or facility on a permanent basis, or
36placement in a transitional housing placement facility. When the
37court places a minor in a planned permanent living arrangement,
38the court shall specify the goal of the placement, which may
39include, but shall not be limited to, return home, emancipation,
40guardianship, or permanent placement with a relative.

begin delete

P88   1The

end delete

2begin insert(ii)end insertbegin insertend insertbegin insertTheend insert court shall only order that the minor remain in a planned
3permanent living arrangement if the court finds by clear and
4convincing evidence, based upon the evidence already presented
5to it that there is a compelling reason, as defined in subdivision
6(c), for determining that a plan of termination of parental rights
7and adoption is not in the best interest of the minor. If the court
8orders that the minor remain in another planned permanent living
9arrangement, the court shall order the provision of child-centered
10permanency services, as defined in Section 11400, and that the
11appropriateness of the child’s continuation in a planned permanent
12living arrangement be assessed again at the next permanency
13planning hearing.

14(B) If the minor is under 16 years of age and the court finds by
15clear and convincing evidence, based upon the evidence already
16presented to it, that there is a compelling reason, as defined in
17subdivision (c), for determining that a plan of termination of
18parental rights and adoption is not in the best interest of the minor
19as of the hearing date, the court shall order the minor to remain in
20a foster care placement with a permanent plan of return home,
21 adoption, legal guardianship, or placement with a fit and willing
22relative, as appropriate. The court shall make factual findings
23identifying any barriers to achieving the permanent plan as of the
24hearing date and shall order the provision of child-centered
25specialized permanency services unless the minor is currently
26placed with a fit and willing relative.

27(c) A compelling reason for determining that a plan of
28termination of parental rights and adoption is not in the best interest
29of the minor is any of the following:

30(1) Documentation by the probation department that adoption
31is not currently in the best interest of the minor and is not currently
32an appropriate permanency goal. That documentation may include,
33but is not limited to, documentation that:

34(A) The minor is 12 years of age or older and objects to
35termination of parental rights.

36(B) The minor is 17 years of age or older and specifically
37requests that transition to independent living with the identification
38of a caring adult to serve as a lifelong connection be established
39as his or her permanent plan. On and after January 1, 2012, this
40includes a minor who requests that his or her transitional
P89   1independent living case plan include modification of his or her
2jurisdiction to that of dependency jurisdiction pursuant to
3subdivision (b) of Section 607.2 or subdivision (i) of Section 727.2,
4or to that of transition jurisdiction pursuant to Section 450, in order
5to be eligible as a nonminor dependent for the extended benefits
6pursuant to Section 11403.

7(C) The parent or guardian and the minor have a significant
8bond, but the parent or guardian is unable to care for the minor
9because of an emotional or physical disability, and the minor’s
10caregiver has committed to raising the minor to the age of majority
11and facilitating visitation with the disabled parent or guardian.

12(D) The minor agrees to continued placement in a residential
13treatment facility that provides services specifically designed to
14address the minor’s treatment needs, including child-centered
15specialized permanency services, as defined in Section 11400, and
16the minor’s needs could not be served by a less restrictive
17placement.

18The probation department’s recommendation that adoption is
19not in the best interest of the minor shall be based on the present
20family circumstances of the minor and shall not preclude a different
21recommendation at a later date if the minor’s family circumstances
22change.

23(2) Documentation by the probation department that no grounds
24exist to file for termination of parental rights.

25(3) Documentation by the probation department that the minor
26is an unaccompanied refugee minor, or there are international legal
27obligations or foreign policy reasons that would preclude
28terminating parental rights.

29(4) A finding by the court that the probation department was
30required to make reasonable efforts to reunify the minor with the
31family pursuant to subdivision (a) of Section 727.2, and did not
32make those efforts.

33(5) Documentation by the probation department that the minor
34is living with a relative who is unable or unwilling to adopt the
35minor because of exceptional circumstances that do not include
36an unwillingness to accept legal or financial responsibility for the
37minor, but who is willing and capable of providing the minor with
38a stable and permanent home environment, and the removal of the
39minor from the physical custody of his or her relative would be
40detrimental to the minor’s emotional well-being.

P90   1(d) Nothing in this section shall be construed to limit the ability
2of a parent to voluntarily relinquish his or her child to the State
3Department of Social Services when it is acting as an adoption
4agency or to a county adoption agency at any time while the minor
5is a ward of the juvenile court if the department or county adoption
6agency is willing to accept the relinquishment.

7(e) Any change in the permanent plan of a minor placed with a
8fit and willing relative or in a planned permanent living
9arrangement shall be made only by order of the court pursuant to
10a Section 778 petition or at a regularly scheduled and noticed status
11review hearing or permanency planning hearing. Any change in
12the permanent plan of a minor placed in a guardianship shall be
13made only by order of the court pursuant to a motion filed in
14accordance with Section 728.

15

SEC. 14.  

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

17

11400.  

For purposes of this article, the following definitions
18shall apply:

19(a) “Aid to Families with Dependent Children-Foster Care
20(AFDC-FC)” means the aid provided on behalf of needy children
21in foster care under the terms of this division.

22(b) “Case plan” means a written document that, at a minimum,
23specifies the type of home in which the child shall be placed, the
24safety of that home, and the appropriateness of that home to meet
25the child’s needs. It shall also include the agency’s plan for
26ensuring that the child receive proper care and protection in a safe
27environment, and shall set forth the appropriate services to be
28provided to the child, the child’s family, and the foster parents, in
29order to meet the child’s needs while in foster care, and to reunify
30the child with the child’s family. In addition, the plan shall specify
31the services that will be provided or steps that will be taken to
32facilitate an alternate permanent plan if reunification is not possible.

33(c) “Certified family home” means a family residence certified
34by a licensed foster family agency and issued a certificate of
35approval by that agency as meeting licensing standards, and used
36only by that foster family agency for placements.

37(d) “Family home” means the family residence of a licensee in
38which 24-hour care and supervision are provided for children.

39(e) “Small family home” means any residential facility, in the
40licensee’s family residence, which provides 24-hour care for six
P91   1or fewer foster children who have mental disorders or
2developmental or physical disabilities and who require special care
3and supervision as a result of their disabilities.

4(f) “Foster care” means the 24-hour out-of-home care provided
5to children whose own families are unable or unwilling to care for
6them, and who are in need of temporary or long-term substitute
7parenting.

8(g) “Foster family agency” means a licensed community care
9facility, as defined in paragraph (4) of subdivision (a) of Section
101502 of the Health and Safety Code. Private foster family agencies
11shall be organized and operated on a nonprofit basis.

12(h) “Group home” means a nondetention privately operated
13residential home, organized and operated on a nonprofit basis only,
14of any capacity, or a nondetention licensed residential care home
15operated by the County of San Mateo with a capacity of up to 25
16beds, that accepts children in need of care and supervision in a
17group home, as defined by paragraph (13) of subdivision (a) of
18Section 1502 of the Health and Safety Code.

19(i) “Periodic review” means review of a child’s status by the
20juvenile court or by an administrative review panel, that shall
21include a consideration of the safety of the child, a determination
22of the continuing need for placement in foster care, evaluation of
23the goals for the placement and the progress toward meeting these
24goals, and development of a target date for the child’s return home
25or establishment of alternative permanent placement.

26(j) “Permanency planning hearing” means a hearing conducted
27by the juvenile court in which the child’s future status, including
28whether the child shall be returned home or another permanent
29plan shall be developed, is determined.

30(k) “Placement and care” refers to the responsibility for the
31welfare of a child vested in an agency or organization by virtue of
32the agency or organization having (1) been delegated care, custody,
33and control of a child by the juvenile court, (2) taken responsibility,
34pursuant to a relinquishment or termination of parental rights on
35a child, (3) taken the responsibility of supervising a child detained
36by the juvenile court pursuant to Section 319 or 636, or (4) signed
37a voluntary placement agreement for the child’s placement; or to
38the responsibility designated to an individual by virtue of his or
39her being appointed the child’s legal guardian.

P92   1(l) “Preplacement preventive services” means services that are
2designed to help children remain with their families by preventing
3or eliminating the need for removal.

4(m) “Relative” means an adult who is related to the child by
5blood, adoption, or affinity within the fifth degree of kinship,
6including stepparents, stepsiblings, and all relatives whose status
7is preceded by the words “great,” “great-great,” or “grand” or the
8spouse of any of these persons even if the marriage was terminated
9by death or dissolution.

10(n) “Nonrelative extended family member” means an adult
11caregiver who has an established familial or mentoring relationship
12with the child, as described in Section 362.7.

13(o) “Voluntary placement” means an out-of-home placement
14of a child by (1) the county welfare department, probation
15department, or Indian tribe that has entered into an agreement
16pursuant to Section 10553.1, after the parents or guardians have
17requested the assistance of the county welfare department and have
18signed a voluntary placement agreement; or (2) the county welfare
19department licensed public or private adoption agency, or the
20department acting as an adoption agency, after the parents have
21requested the assistance of either the county welfare department,
22the licensed public or private adoption agency, or the department
23acting as an adoption agency for the purpose of adoption planning,
24and have signed a voluntary placement agreement.

25(p) “Voluntary placement agreement” means a written agreement
26between either the county welfare department, probation
27department, or Indian tribe that has entered into an agreement
28pursuant to Section 10553.1, licensed public or private adoption
29agency, or the department acting as an adoption agency, and the
30parents or guardians of a child that specifies, at a minimum, the
31following:

32(1) The legal status of the child.

33(2) The rights and obligations of the parents or guardians, the
34child, and the agency in which the child is placed.

35(q) “Original placement date” means the most recent date on
36which the court detained a child and ordered an agency to be
37responsible for supervising the child or the date on which an agency
38assumed responsibility for a child due to termination of parental
39rights, relinquishment, or voluntary placement.

P93   1(r) (1) “Transitional housing placement provider” means an
2organization licensed by the State Department of Social Services
3pursuant to Section 1559.110 of the Health and Safety Code, to
4provide transitional housing to foster children at least 16 years of
5age and not more than 18 years of age, and nonminor dependents,
6as defined in subdivision (v). A transitional housing placement
7provider shall be privately operated and organized on a nonprofit
8basis.

9(2) Prior to licensure, a provider shall obtain certification from
10the applicable county, in accordance with Section 16522.1.

11(s) “Transitional Housing Program-Plus” means a provider
12certified by the applicable county, in accordance with subdivision
13(c) of Section 16522, to provide transitional housing services to
14former foster youth who have exited the foster care system on or
15after their 18th birthday.

16(t) “Whole family foster home” means a new or existing family
17home, approved relative caregiver or nonrelative extended family
18member’s home, the home of a nonrelated legal guardian whose
19guardianship was established pursuant to Section 360 or 366.26,
20certified family home, or a host family home placement of a
21transitional housing placement provider, that provides foster care
22for a minor or nonminor dependent parent and his or her child,
23and is specifically recruited and trained to assist the minor or
24nonminor dependent parent in developing the skills necessary to
25provide a safe, stable, and permanent home for his or her child.
26The child of the minor or nonminor dependent parent need not be
27the subject of a petition filed pursuant to Section 300 to qualify
28for placement in a whole family foster home.

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

30(1) A written voluntary agreement of consent for continued
31placement and care in a supervised setting between a minor or, on
32and after January 1, 2012, a nonminor dependent, and the county
33welfare services or probation department or tribal agency
34responsible for the foster care placement, that documents the
35nonminor’s continued willingness to remain in supervised
36out-of-home placement under the placement and care of the
37responsible county, tribe, consortium of tribes, or tribal
38organization that has entered into an agreement with the state
39pursuant to Section 10553.1, remain under the jurisdiction of the
40juvenile court as a nonminor dependent, and report any change of
P94   1circumstances relevant to continued eligibility for foster care
2payments, and that documents the nonminor’s and social worker’s
3or probation officer’s agreement to work together to facilitate
4implementation of the mutually developed supervised placement
5agreement and transitional independent living case plan.

6(2) An agreement, as described in paragraph (1), between a
7nonminor former dependent or ward in receipt of Kin-GAP
8payments under Article 4.5 (commencing with Section 11360) or
9Article 4.7 (commencing with Section 11385), and the agency
10responsible for the Kin-GAP benefits, provided that the nonminor
11former dependent or ward satisfies the conditions described in
12Section 11403.01, or one or more of the conditions described in
13paragraphs (1) to (5), inclusive, of subdivision (b) of Section
1411403. For purposes of this paragraph and paragraph (3),
15“nonminor former dependent or ward” has the same meaning as
16described in subdivision (aa).

17(3) An agreement, as described in paragraph (1), between a
18nonminor former dependent or ward in receipt of AFDC-FC
19payments under subdivision (e) or (f) of Section 11405 and the
20agency responsible for the AFDC-FC benefits, provided that the
21nonminor former dependent or ward described in subdivision (e)
22of Section 11405 satisfies one or more of the conditions described
23in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
2411403, and the nonminor described in subdivision (f) of Section
2511405 satisfies the secondary school or equivalent training or
26certificate program conditions described in that subdivision.

27(v) “Nonminor dependent” means, on and after January 1, 2012,
28a foster child, as described in Section 675(8)(B) of Title 42 of the
29United States Code under the federal Social Security Act who is
30a current dependent child or ward of the juvenile court, or who is
31a nonminor under the transition jurisdiction of the juvenile court,
32as described in Section 450, and who satisfies all of the following
33criteria:

34(1) He or she has attained 18 years of age while under an order
35of foster care placement by the juvenile court, and is not more than
3619 years of age on or after January 1, 2012, not more than 20 years
37of age on or after January 1, 2013, or not more than 21 years of
38age on or after January 1, 2014, and as described in Section
3910103.5.

P95   1(2) He or she is in foster care under the placement and care
2responsibility of the county welfare department, county probation
3department, Indian tribe, consortium of tribes, or tribal organization
4that entered into an agreement pursuant to Section 10553.1.

5(3) He or she has a transitional independent living case plan
6pursuant to Section 475(8) of the federal Social Security Act (42
7U.S.C. Sec. 675(8)), as contained in the federal Fostering
8Connections to Success and Increasing Adoptions Act of 2008
9(Public Law 110-351), as described in Section 11403.

10(w) “Supervised independent living placement” means, on and
11after January 1, 2012, an independent supervised setting, as
12specified in a nonminor dependent’s transitional independent living
13case plan, in which the youth is living independently, pursuant to
14Section 472(c)(2) of the federal Social Security Act (42 U.S.C.
15Sec. 672(c)(2)).

16(x) “Supervised independent living setting,” pursuant to Section
17472(c)(2) of the federal Social Security Act (42 U.S.C. Sec.
18672(c)(2)), includes both a supervised independent living
19placement, as defined in subdivision (w), and a residential housing
20unit certified by the transitional housing placement provider
21operating a Transitional Housing Placement-Plus Foster Care
22program, as described in paragraph (2) of subdivision (a) of Section
2316522.1.

24(y) “Transitional independent living case plan” means, on or
25after January 1, 2012, a child’s case plan submitted for the last
26review hearing held before he or she reaches 18 years of age or
27the nonminor dependent’s case plan, updated every six months,
28that describes the goals and objectives of how the nonminor will
29make progress in the transition to living independently and assume
30incremental responsibility for adult decisionmaking, the
31collaborative efforts between the nonminor and the social worker,
32probation officer, or Indian tribal placing entity and the supportive
33services as described in the transitional independent living plan
34(TILP) to ensure active and meaningful participation in one or
35more of the eligibility criteria described in paragraphs (1) to (5),
36inclusive, of subdivision (b) of Section 11403, the nonminor’s
37appropriate supervised placement setting, and the nonminor’s
38permanent plan for transition to living independently, which
39includes maintaining or obtaining permanent connections to caring
P96   1and committed adults, as set forth in paragraphs (16) and (17) of
2subdivision (g) of Section 16501.1.

3(z) “Voluntary reentry agreement” means a written voluntary
4agreement between a former dependent child or ward or a former
5nonminor dependent, who has had juvenile court jurisdiction
6terminated pursuant to Section 391, 452, or 607.2, and the county
7welfare or probation department or tribal placing entity that
8documents the nonminor’s desire and willingness to reenter foster
9care, to be placed in a supervised setting under the placement and
10care responsibility of the placing agency, the nonminor’s desire,
11willingness, and ability to immediately participate in one or more
12of the conditions of paragraphs (1) to (5), inclusive, of subdivision
13(b) of Section 11403, the nonminor’s agreement to work
14collaboratively with the placing agency to develop his or her
15transitional independent living case plan within 60 days of reentry,
16the nonminor’s agreement to report any changes of circumstances
17relevant to continued eligibility for foster care payments, and (1)
18the nonminor’s agreement to participate in the filing of a petition
19for juvenile court jurisdiction as a nonminor dependent pursuant
20to subdivision (e) of Section 388 within 15 judicial days of the
21signing of the agreement and the placing agency’s efforts and
22supportive services to assist the nonminor in the reentry process,
23 or (2) if the nonminor meets the definition of a nonminor former
24dependent or ward, as described in subdivision (aa), the nonminor’s
25agreement to return to the care and support of his or her former
26juvenile court-appointed guardian and meet the eligibility criteria
27for AFDC-FC pursuant to subdivision (e) of Section 11405.

28(aa) “Nonminor former dependent or ward” means, on and after
29January 1, 2012, either of the following:

30(1) A nonminor who reached 18 years of age while subject to
31an order for foster care placement, and for whom dependency,
32delinquency, or transition jurisdiction has been terminated, and
33who is still under the general jurisdiction of the court.

34(2) A nonminor who is over 18 years of age and, while a minor,
35was a dependent child or ward of the juvenile court when the
36guardianship was established pursuant to Section 360 or 366.26,
37or subdivisionbegin delete (d),end deletebegin insert (d)end insert of Sectionbegin delete 728end deletebegin insert 728,end insert and the juvenile court
38dependency or wardship was dismissed following the establishment
39of the guardianship.

P97   1(ab) “Runaway and homeless youth shelter” means a type of
2group home, as defined in paragraph (14) of subdivision (a) of
3Section 1502 of the Health and Safety Code, that is not an eligible
4placement option under Sections 319, 361.2, 450, and 727, and
5that is not eligible for AFDC-FC funding pursuant to subdivision
6(c) of Section 11402 or Section 11462.

7(ac) “Transition dependent” is a minor between 17 years and
8five months and 18 years of age who is subject to the court’s
9transition jurisdiction under Section 450.

10(ad) “Short-term residential treatment center” means a
11nondetention, licensed community care facility, as defined in
12paragraph (18) of subdivision (a) of Section 1502 of the Health
13and Safety Code, that provides short-term, specialized, and
14intensive treatment for the child or youth, when the child’s or
15youth’s case plan specifies the need for, nature of, and anticipated
16duration of this specialized treatment.

17(ae) “Resource family” means an approved caregiver, as defined
18in subdivision (c) of Section 16519.5.

19(af) “Core Services” mean services, made available to children,
20youth, and nonminor dependents either directly or secured through
21formal agreement with other agencies, which are trauma informed
22and culturally relevant as specified in Sections 11462 and 11463.

23(ag) “Child-centered specialized permanency services” means
24services designed for, and with, the child to address the child’s
25history of trauma, separation, and loss. Those services shall include
26mental health services, as necessary, or other services that are
27needed to ameliorate impairments in significant areas of life
28functioning that may reduce the likelihood of the child achieving
29a permanent family. These services shall utilize family finding and
30engagement, including, but not limited to, using search technology
31and social media to locate family members, and child-specific
32recruitment to assist the child in achieving a permanent family
33through reunification, adoption, legal guardianship, or other
34lifelong connections to caring adults, including at least one adult
35who will provide a permanent, parent-like relationship for that
36child. These services include services designed to prepare the
37permanent family to meet the child’s needs, set appropriate
38expectations for before and after permanency, and stabilize the
39placement.

P98   1

SEC. 15.  

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

3

16501.  

(a) (1) As used in this chapter, “child welfare services”
4means public social services that are directed toward the
5accomplishment of any or all of the following purposes: protecting
6and promoting the welfare of all children, including disabled,
7homeless, dependent, or neglected children; preventing or
8remedying, or assisting in the solution of problems which may
9result in, the neglect, abuse, exploitation, or delinquency of
10children; preventing the unnecessary separation of children from
11their families by identifying family problems, assisting families
12in resolving their problems, and preventing breakup of the family
13where the prevention of child removal is desirable and possible;
14restoring to their families children who have been removed, by
15the provision of services to the child and the families; identifying
16children to be placed in suitable adoptive homes, in cases where
17restoration to the biological family is not possible or appropriate;
18and ensuring adequate care of children away from their homes, in
19cases where the child cannot be returned home or cannot be placed
20for adoption.

21(2) “Child welfare services” also means services provided on
22behalf of children alleged to be the victims of child abuse, neglect,
23or exploitation. The child welfare services provided on behalf of
24each child represent a continuum of services, including emergency
25response services, family preservation services, family maintenance
26services, family reunification services, and permanent placement
27services, including supportive transition services. The individual
28child’s case plan is the guiding principle in the provision of these
29services. The case plan shall be developed within a maximum of
3060 days of the initial removal of the child or of the in-person
31response required under subdivision (f) if the child has not been
32removed from his or her home, or by the date of the dispositional
33hearing pursuant to Section 358, whichever comes first.

34(3) “Child welfare services” are best provided in a framework
35that integrates service planning and delivery among multiple
36service systems, including the mental health system, using a
37team-based approach, such as a child and family team. A child
38and family team brings together individuals that engage with the
39child or youth and family in assessing, planning, and delivering
40services consistent with paragraph (1) of subdivision (d) of Section
P99   116501.1. Use of a team approach increases efficiency, and thus
2reduces cost, by increasing coordination of formal services and
3integrating the natural and informal supports available to the child
4or youth and family.

5(4) “Child and family team” means a group of individuals who
6are convened by the placing agency and who are engaged through
7a variety of team-based processes to identify the strengths and
8needs of the child or youth and his or her family, and to help
9achieve positive outcomes for safety, permanency, and well-being.

10(A) The activities of the team shall include, but not be limited
11to, both of the following:

12(i) Providing input into the development of a child and family
13plan that is strengths-based, needs-driven, and culturally relevant.

14(ii) Providing input into the placement decision made by the
15placing agency and the services to be provided in order to support
16the child or youth.

17(B)  The child and family team process shall engage the child
18or youth, the child’s family, and other people important to the
19family or to the child or youth in meeting the objectives set forth
20in subparagraph (A). The child and family team shall also include
21representatives who provide formal supports to the child or youth
22and family when appropriate, including, but not limited to, the
23caregiver, the placing agency caseworker, a representative from a
24foster family agency or short-term residential treatment center with
25which a child or youth is placed, a county mental health
26representative, a representative from the regional center when the
27child is eligible for regional center service, and a representative
28of the child’s or youth’s tribe or Indian custodian, as applicable.
29As appropriate, the child and family team also may include other
30formal supports, such as substance use disorder treatment
31professionals and educational professionals, providing services to
32the child or youth and family. For purposes of this definition, the
33child and family team also may include extended family and
34informal support persons, such as friends, coaches, faith-based
35connections, and tribes as identified by the child or youth and
36family. If placement into a short-term residential treatment center
37or a foster family agency that provides treatment services has
38occurred or is being considered, the mental health representative
39is required to be a licensed mental health professional. Any party
40to the child’s case who is represented by an attorney may consult
P100  1with his or her attorney regarding this process. The child or youth
2and his or her family may request specific persons to be included
3on the child and family team. Nothing shall preclude another
4agency serving the child or youth from convening a team in
5collaboration with the placing agency.

6(5) Child welfare services may include, but are not limited to,
7a range of service-funded activities, including case management,
8counseling, emergency shelter care, emergency in-home caretakers,
9temporary in-home caretakers, respite care, therapeutic day
10services, teaching and demonstrating homemakers, parenting
11training, substance abuse testing, and transportation. These
12service-funded activities shall be available to children and their
13families in all phases of the child welfare program in accordance
14with the child’s case plan and departmental regulations. Funding
15for services is limited to the amount appropriated in the annual
16Budget Act and other available county funds.

17(6) Service-funded activities to be provided may be determined
18by each county, based upon individual child and family needs as
19reflected in the service plan.

20(7) As used in this chapter, “emergency shelter care” means
21emergency shelter provided to children who have been removed
22pursuant to Section 300 from their parent or parents or their
23guardian or guardians. The department may establish, by
24regulation, the time periods for which emergency shelter care shall
25be funded. For the purposes of this paragraph, “emergency shelter
26care” may include “transitional shelter care facilities” as defined
27in paragraph (11) of subdivision (a) of Section 1502 of the Health
28and Safety Code.

29(b) As used in this chapter, “respite care” means temporary care
30for periods not to exceed 72 hours, and, in order to preserve the
31placement, may be extended up to 14 days in any one month
32pending the development of policies and regulations in consultation
33with county placing agencies and stakeholders. This care may be
34provided to the child’s parents or guardians. This care shall not be
35limited by regulation to care over 24 hours. These services shall
36not be provided for the purpose of routine, ongoing child care.

37(c) The county shall provide child welfare services as needed
38pursuant to an approved service plan and in accordance with
39regulations promulgated, in consultation with the counties, by the
40department. Counties may contract for service-funded activities
P101  1as defined in paragraph (1) of subdivision (a). Counties shall not
2contract for needs assessment, client eligibility determination, or
3any other activity as specified by regulations of the State
4Department of Social Services, except as specifically authorized
5in Section 16100.

6(d) Nothing in this chapter shall be construed to affect duties
7which are delegated to probation officers pursuant to Sections 601
8and 654.

9(e) Any county may utilize volunteer individuals to supplement
10professional child welfare services by providing ancillary support
11services in accordance with regulations adopted by the State
12Department of Social Services.

13(f) As used in this chapter, emergency response services consist
14of a response system providing in-person response, 24 hours a day,
15seven days a week, to reports of abuse, neglect, or exploitation, as
16required by Article 2.5 (commencing with Section 11164) of
17Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of
18investigation pursuant to Section 11166 of the Penal Code and to
19determine the necessity for providing initial intake services and
20crisis intervention to maintain the child safely in his or her own
21home or to protect the safety of the child. County welfare
22departments shall respond to any report of imminent danger to a
23child immediately and all other reports within 10 calendar days.
24An in-person response is not required when the county welfare
25department, based upon an evaluation of risk, determines that an
26in-person response is not appropriate. This evaluation includes
27collateral, contacts, a review of previous referrals, and other
28relevant information, as indicated.

29(g) As used in this chapter, family maintenance services are
30activities designed to provide in-home protective services to
31prevent or remedy neglect, abuse, or exploitation, for the purposes
32of preventing separation of children from their families.

33(h) As used in this chapter, family reunification services are
34activities designed to provide time-limited foster care services to
35prevent or remedy neglect, abuse, or exploitation, when the child
36cannot safely remain at home, and needs temporary foster care,
37while services are provided to reunite the family.

38(i) (1) As used in this chapter, permanent placement services
39are activities designed to provide an alternate permanent family
40structure for children who because of abuse, neglect, or exploitation
P102  1cannot safely remain at home and who are unlikely to ever return
2home. These services shall be provided on behalf of children for
3whom there has been a judicial determination of a permanent plan
4for adoption, legal guardianship, placement with a fit and willing
5relative, or continued foster care placement, and, asbegin delete needed,end deletebegin insert needed
6to achieve a permanent family,end insert
shall include child-centered
7begin insert specializedend insert permanency services, as defined inbegin delete Section 11400, and
8supportive transition services to nonminor dependents, as described
9in subdivision (v) ofend delete
Section 11400.begin insert Permanent placement services
10for nonminor dependents may include child-centered specialized
11permanency services and shall include supportive transition
12services.end insert

13(2) For purposes of this section, “another planned permanent
14living arrangement” means a permanent plan ordered by the court
15for a child 16 years of age or older or a nonminor dependent, when
16there is a compelling reason or reasons to determine that it is not
17in the best interest of the child or nonminor dependent to return
18home, be placed for adoption, be placed for tribal customary
19adoption in the case of an Indian child, or be placed with a fit and
20willing relative. Placement in a group home, or, on and after
21January 1, 2017, a short-term residential treatment facility, shall
22not be the identified permanent plan for any child or nonminor
23dependent.

24(j) As used in this chapter, family preservation services include
25those services specified in Section 16500.5 to avoid or limit
26out-of-home placement of children, and may include those services
27specified in that section to place children in the least restrictive
28environment possible.

29(k) (1) (A) In any county electing to implement this
30subdivision, all county welfare department employees who have
31frequent and routine contact with children shall, by February 1,
321997, and all welfare department employees who are expected to
33have frequent and routine contact with children and who are hired
34on or after January 1, 1996, and all such employees whose duties
35 change after January 1, 1996, to include frequent and routine
36contact with children, shall, if the employees provide services to
37children who are alleged victims of abuse, neglect, or exploitation,
38sign a declaration under penalty of perjury regarding any prior
39criminal conviction, and shall provide a set of fingerprints to the
40county welfare director.

P103  1(B) The county welfare director shall secure from the
2Department of Justice a criminal record to determine whether the
3employee has ever been convicted of a crime other than a minor
4traffic violation. The Department of Justice shall deliver the
5criminal record to the county welfare director.

6(C) If it is found that the employee has been convicted of a
7crime, other than a minor traffic violation, the county welfare
8director shall determine whether there is substantial and convincing
9evidence to support a reasonable belief that the employee is of
10good character so as to justify frequent and routine contact with
11children.

12(D) No exemption shall be granted pursuant to subparagraph
13(C) if the person has been convicted of a sex offense against a
14minor, or has been convicted of an offense specified in Section
15220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in
16paragraph (1) of Section 273a of, or subdivision (a) or (b) of
17Section 368 of, the Penal Code, or has been convicted of an offense
18specified in subdivision (c) of Section 667.5 of the Penal Code.
19The county welfare director shall suspend such a person from any
20duties involving frequent and routine contact with children.

21(E) Notwithstanding subparagraph (D), the county welfare
22director may grant an exemption if the employee or prospective
23employee, who was convicted of a crime against an individual
24specified in paragraph (1) or (7) of subdivision (c) of Section 667.5
25of the Penal Code, has been rehabilitated as provided in Section
264852.03 of the Penal Code and has maintained the conduct required
27in Section 4852.05 of the Penal Code for at least 10 years and has
28the recommendation of the district attorney representing the
29employee’s or prospective employee’s county of residence, or if
30the employee or prospective employee has received a certificate
31of rehabilitation pursuant to Chapter 3.5 (commencing with Section
324852.01) of Title 6 of Part 3 of the Penal Code. In that case, the
33county welfare director may give the employee or prospective
34employee an opportunity to explain the conviction and shall
35consider that explanation in the evaluation of the criminal
36conviction record.

37(F) If no criminal record information has been recorded, the
38county welfare director shall cause a statement of that fact to be
39included in that person’s personnel file.

P104  1(2) For purposes of this subdivision, a conviction means a plea
2or verdict of guilty or a conviction following a plea of nolo
3contendere. Any action that the county welfare director is permitted
4to take following the establishment of a conviction may be taken
5when the time for appeal has elapsed, or the judgment of conviction
6has been affirmed on appeal or when an order granting probation
7is made suspending the imposition of sentence, notwithstanding
8a subsequent order pursuant to Sections 1203.4 and 1203.4a of the
9Penal Code permitting the person to withdraw his or her plea of
10guilty and to enter a plea of not guilty, or setting aside the verdict
11of guilty, or dismissing the accusation, information, or indictment.
12For purposes of this subdivision, the record of a conviction, or a
13copy thereof certified by the clerk of the court or by a judge of the
14court in which the conviction occurred, shall be conclusive
15evidence of the conviction.

16

SEC. 16.  

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

18

16501.1.  

(a) (1) The Legislature finds and declares that the
19foundation and central unifying tool in child welfare services is
20the case plan.

21(2) The Legislature further finds and declares that a case plan
22ensures that the child receives protection and safe and proper care
23and case management, and that services are provided to the child
24and parents or other caretakers, as appropriate, in order to improve
25conditions in the parent’s home, to facilitate the safe return of the
26child to a safe home or the permanent placement of the child, and
27to address the needs of the child while in foster care.

28(3) The agency shall consider the recommendations of the child
29and family team, as defined in paragraph (4) of subdivision (a) of
30Section 16501, if any are available. The agency shall document
31the rationale for any inconsistencies between the case plan and the
32child and family team recommendations.

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

35(2) The case plan shall document that a preplacement assessment
36of the service needs of the child and family, and preplacement
37preventive services, have been provided, and that reasonable efforts
38to prevent out-of-home placement have been made. Preplacement
39services may include intensive mental health services in the home
P105  1or a community setting and the reasonable efforts made to prevent
2out-of-home placement.

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

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

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

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

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

27(d) (1) The case plan shall include a description of the type of
28home or institution in which the child is to be placed, and the
29reasons for that placement decision. The decision regarding choice
30of placement shall be based upon selection of a safe setting that is
31the least restrictive family setting that promotes normal childhood
32experiences and the most appropriate setting that meets the child’s
33individual needs and is available, in proximity to the parent’s home,
34in proximity to the child’s school, and consistent with the selection
35of the environment best suited to meet the child’s special needs
36and best interests. The selection shall consider, in order of priority,
37placement with relatives, nonrelated extended family members,
38and tribal members; foster family homes, resource families, and
39nontreatment certified homes of foster family agencies; followed
40by treatment and intensive treatment certified homes of foster
P106  1family agencies; or multidimensional treatment foster care homes
2or therapeutic foster care homes; group care placements in the
3order of short-term residential treatment centers, group homes,
4community treatment facilities, and out-of-state residential
5treatment pursuant to Part 5 (commencing with Section 7900) of
6Division 12 of the Family Code.

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

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

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

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

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

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

23(1) It is the intent of the Legislature that extending the maximum
24time available for preparing a written case plan from 30 to 60 days
25will afford caseworkers time to actively engage families, and to
26solicit and integrate into the case plan the input of the child and
27the child’s family, as well as the input of relatives and other
28interested parties.

29(2) The extension of the maximum time available for preparing
30a written case plan from the 30 to 60 days shall be effective 90
31days after the date that the department gives counties written notice
32that necessary changes have been made to the Child Welfare
33Services/Case Management System (CWS/CMS) to account for
34the 60-day timeframe for preparing a written case plan.

35(f) The child welfare services case plan shall be comprehensive
36enough to meet the juvenile court dependency proceedings
37requirements pursuant to Article 6 (commencing with Section 300)
38of Chapter 2 of Part 1 of Division 2.

39(g) The case plan shall be developed considering the
40recommendations of the child and family team, as follows:

P109  1(1) The case plan shall be based upon an assessment of the
2circumstances that required child welfare services intervention.
3The child shall be involved in developing the case plan as age and
4developmentally appropriate.

5(2) The case plan shall identify specific goals and the
6appropriateness of the planned services in meeting those goals.

7(3) The case plan shall identify the original allegations of abuse
8or neglect, as defined in Article 2.5 (commencing with Section
911164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
10conditions cited as the basis for declaring the child a dependent of
11the court pursuant to Section 300, or all of these, and the other
12precipitating incidents that led to child welfare services
13intervention.

14(4) The case plan shall include a description of the schedule of
15the placement agency contacts with the child and the family or
16other caretakers. The frequency of these contacts shall be in
17accordance with regulations adopted by the State Department of
18Social Services. If the child has been placed in foster care out of
19state, the county social worker or probation officer, or a social
20worker or probation officer on the staff of the agency in the state
21in which the child has been placed, shall visit the child in a foster
22family home or the home of a relative, consistent with federal law
23and in accordance with the department’s approved state plan. For
24children in out-of-state group home facilities, visits shall be
25conducted at least monthly, pursuant to Section 16516.5. At least
26once every six months, at the time of a regularly scheduled
27placement agency contact with the foster child, the child’s social
28worker or probation officer shall inform the child of his or her
29rights as a foster child, as specified in Section 16001.9. The social
30worker or probation officer shall provide the information to the
31child in a manner appropriate to the age or developmental level of
32the child.

33(5) (A) When out-of-home services are used, the frequency of
34contact between the natural parents or legal guardians and the child
35shall be specified in the case plan. The frequency of those contacts
36shall reflect overall case goals, and consider other principles
37outlined in this section.

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

3(6) When out-of-home placement is made, the case plan shall
4include provisions for the development and maintenance of sibling
5relationships as specified in subdivisions (b), (c), and (d) of Section
616002. If appropriate, when siblings who are dependents of the
7juvenile court are not placed together, the social worker for each
8child, if different, shall communicate with each of the other social
9workers and ensure that the child’s siblings are informed of
10significant life events that occur within their extended family.
11Unless it has been determined that it is inappropriate in a particular
12case to keep siblings informed of significant life events that occur
13within the extended family, the social worker shall determine the
14appropriate means and setting for disclosure of this information
15to the child commensurate with the child’s age and emotional
16well-being. These significant life events shall include, but shall
17not be limited to, the following:

18(A) The death of an immediate relative.

19(B) The birth of a sibling.

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

25(7) If out-of-home placement is made in a foster family home,
26group home, or other child care institution that is either a
27substantial distance from the home of the child’s parent or out of
28state, the case plan shall specify the reasons why that placement
29is in the best interest of the child. When an out-of-state group home
30placement is recommended or made, the case plan shall, in
31addition, specify compliance with Section 7911.1 of the Family
32Code.

33(8) A case plan shall ensure the educational stability of the child
34while in foster care and shall include both of the following:

35(A) An assurance that the placement takes into account the
36appropriateness of the current educational setting and the proximity
37to the school in which the child is enrolled at the time of placement.

38(B) An assurance that the placement agency has coordinated
39with the person holding the right to make educational decisions
40for the child and appropriate local educational agencies to ensure
P111  1that the child remains in the school in which the child is enrolled
2at the time of placement or, if remaining in that school is not in
3the best interests of the child, assurances by the placement agency
4and the local educational agency to provide immediate and
5appropriate enrollment in a new school and to provide all of the
6child’s educational records to the new school.

7(9) (A) If out-of-home services are used, or if parental rights
8have been terminated and the case plan is placement for adoption,
9the case plan shall include a recommendation regarding the
10appropriateness of unsupervised visitation between the child and
11any of the child’s siblings. This recommendation shall include a
12statement regarding the child’s and the siblings’ willingness to
13participate in unsupervised visitation. If the case plan includes a
14recommendation for unsupervised sibling visitation, the plan shall
15also note that information necessary to accomplish this visitation
16has been provided to the child or to the child’s siblings.

17(B) Information regarding the schedule and frequency of the
18visits between the child and siblings, as well as any court-ordered
19terms and conditions needed to facilitate the visits while protecting
20the safety of the child, shall be provided to the child’s out-of-home
21caregiver as soon as possible after the court order is made.

22(10) If out-of-home services are used and the goal is
23reunification, the case plan shall describe the services to be
24provided to assist in reunification and the services to be provided
25concurrently to achieve legal permanency if efforts to reunify fail.
26The plan shall also consider in-state and out-of-state placements,
27the importance of developing and maintaining sibling relationships
28pursuant to Section 16002, and the desire and willingness of the
29caregiver to provide legal permanency for the child if reunification
30is unsuccessful.

31(11) If out-of-home services are used, the child has been in care
32for at least 12 months, and the goal is not adoptive placement, the
33case plan shall include documentation of the compelling reason
34or reasons why termination of parental rights is not in the child’s
35best interest. A determination completed or updated within the
36past 12 months by the department when it is acting as an adoption
37agency or by a licensed adoption agency that it is unlikely that the
38child will be adopted, or that one of the conditions described in
39paragraph (1) of subdivision (c) of Section 366.26 applies, shall
40be deemed a compelling reason.

P112  1(12) (A) Parents and legal guardians shall have an opportunity
2to review the case plan, and to sign it whenever possible, and then
3shall receive a copy of the plan. In a voluntary service or placement
4agreement, the parents or legal guardians shall be required to
5review and sign the case plan. Whenever possible, parents and
6legal guardians shall participate in the development of the case
7plan. Commencing January 1, 2012, for nonminor dependents, as
8defined in subdivision (v) of Section 11400, who are receiving
9AFDC-FC or CalWORKs assistance up to 21 years of age pursuant
10to Section 11403, the transitional independent living case plan, as
11set forth in subdivision (y) of Section 11400, shall be developed
12with, and signed by, the nonminor.

13(B) Parents and legal guardians shall be advised that, pursuant
14to Section 1228.1 of the Evidence Code, neither their signature on
15the child welfare services case plan nor their acceptance of any
16services prescribed in the child welfare services case plan shall
17constitute an admission of guilt or be used as evidence against the
18parent or legal guardian in a court of law. However, they shall also
19be advised that the parent’s or guardian’s failure to cooperate,
20except for good cause, in the provision of services specified in the
21child welfare services case plan may be used in any hearing held
22pursuant to Section 366.21, 366.22, or 366.25 of this code as
23evidence.

24(13) A child shall be given a meaningful opportunity to
25participate in the development of the case plan and state his or her
26preference for foster care placement. A child who is 12 years of
27age or older and in a permanent placement shall also be given the
28opportunity to review the case plan, sign the case plan, and receive
29a copy of the case plan.

30(14) The case plan shall be included in the court report and shall
31be considered by the court at the initial hearing and each review
32hearing. Modifications to the case plan made during the period
33between review hearings need not be approved by the court if the
34casework supervisor for that case determines that the modifications
35further the goals of the plan. If out-of-home services are used with
36the goal of family reunification, the case plan shall consider and
37describe the application of subdivision (b) of Section 11203.

38(15) (A) If the case plan has as its goal for the child a permanent
39plan of adoption or legal guardianship, it shall include a statement
40of the child’s wishes regarding their permanent placement plan
P113  1and an assessment of those stated wishes. The agency shall also
2include documentation of the steps the agency is taking to find an
3adoptive family or other permanent living arrangements for the
4child, to place the child with an adoptive family, an appropriate
5 and willing relative, or a legal guardian, and to finalize the adoption
6or legal guardianship. At a minimum, the documentation shall
7include child-specific recruitment efforts, such as the use of state,
8regional, and national adoption exchanges, including electronic
9exchange systems, when the child has been freed for adoption.
10The documentation shall also reflect the provision of child-centered
11specialized permanency services, as defined in Section 11400.
12Regardless of whether the child has been freed for adoption,
13documentation shall include a description of any barriers to
14achieving legal permanence and the steps the agency will take to
15address those barriers, including the provision of child-centered
16specialized permanency services, as defined in Section 11400. If
17the plan is for kinship guardianship, the case plan shall document
18how the child meets the kinship guardianship eligibility
19 requirements.

20(B) When the child is 16 years of age or older and is in another
21planned permanent living arrangement, the case plan shall identify
22the intensive and ongoing efforts, including child-centered
23specialized permanency services, as defined in Section 11400, to
24return the child to the home of the parent, place the child for
25adoption, place the child for tribal customary adoption in the case
26of an Indian child, establish a legal guardianship, or place the child
27nonminor dependent with a fit and willing relative, as appropriate.
28Efforts shall include the use of technology, including social media,
29to find biological family members of the child.

30(16) (A) (i) For a child who is 14 or 15 years of age, the case
31plan shall include a written description of the programs and services
32that will help the child, consistent with the child’s best interests,
33to prepare for the transition from foster care to successful
34adulthood. The description may be included in the document
35described in subparagraph (A) of paragraph (18).

36(ii) When appropriate, for a child who is 16 years of age or older
37and, commencing January 1, 2012, for a nonminor dependent, the
38case plan shall include the transitional independent living plan
39(TILP), a written description of the programs and services that
40will help the child, consistent with the child’s best interests, to
P114  1prepare for the transition from foster care to successful adulthood,
2and, in addition, whether the youth has an in-progress application
3pending for Title XVI Supplemental Security Income benefits or
4for Special Immigrant Juvenile Status or other applicable
5application for legal residency and an active dependency case is
6required for that application. When appropriate, for a nonminor
7dependent, the transitional independent living case plan, as
8described in subdivision (v) of Section 11400, shall include the
9TILP, a written description of the programs and services that will
10help the nonminor dependent, consistent with his or her best
11interests, to prepare for transition from foster care and assist the
12youth in meeting the eligibility criteria set forth in paragraphs (1)
13to (5), inclusive, of subdivision (b) of Section 11403. If applicable,
14the case plan shall describe the individualized supervision provided
15in the supervised independent living placement as defined in
16subdivision (w) of Section 11400. The case plan shall be developed
17with the child or nonminor dependent and individuals identified
18as important to the child or nonminor dependent, and shall include
19steps the agency is taking to ensure that the child or nonminor
20dependent achieves permanence, including maintaining or
21obtaining permanent connections to caring and committed adults.

22(B) During the 90-day period prior to the participant attaining
2318 years of age or older as the state may elect under Section
24475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec.
25675(8)(B)(iii)), whether during that period foster care maintenance
26payments are being made on the child’s behalf or the child is
27receiving benefits or services under Section 477 of the federal
28Social Security Act (42 U.S.C. Sec. 677), a caseworker or other
29appropriate agency staff or probation officer and other
30representatives of the participant, as appropriate, shall provide the
31youth or nonminor dependent with assistance and support in
32 developing the written 90-day transition plan, that is personalized
33at the direction of the child, information as detailed as the
34participant elects that shall include, but not be limited to, options
35regarding housing, health insurance, education, local opportunities
36for mentors and continuing support services, and workforce
37supports and employment services, a power of attorney for health
38care, and information regarding the advance health care directive
39form.

P115  1(C) For youth 14 years of age or older, the case plan shall
2include documentation that a consumer credit report was requested
3annually from each of the three major credit reporting agencies at
4no charge to the youth and that any results were provided to the
5youth. For nonminor dependents, the case plan shall include
6documentation that the county assisted the nonminor dependent
7in obtaining his or her reports. The case plan shall include
8documentation of barriers, if any, to obtaining the credit reports.
9If the consumer credit report reveals any accounts, the case plan
10shall detail how the county ensured the youth received assistance
11with interpreting the credit report and resolving any inaccuracies,
12including any referrals made for the assistance.

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

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

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

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

38(19) The case plan for a child or nonminor dependent who is,
39or who is at risk of becoming, the victim of commercial sexual
P116  1exploitation, shall document the services provided to address that
2issue.

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

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

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

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

33(l) Each county shall ensure that the total number of visits made
34 by caseworkers on a monthly basis to children in foster care during
35a federal fiscal year is not less than 95 percent of the total number
36of those visits that would occur if each child were visited once
37 every month while in care and that the majority of the visits occur
38in the residence of the child. The county child welfare and
39probation departments shall comply with data reporting
40requirements that the department deems necessary to comply with
P117  1the federal Child and Family Services Improvement Act of 2006
2(Public Law 109-288) and the federal Child and Family Services
3Improvement and Innovation Act of 2011 (Public Law 112-34).

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

8

SEC. 17.  

To the extent that this act has an overall effect of
9increasing the costs already borne by a local agency for programs
10or levels of service mandated by the 2011 Realignment Legislation
11within the meaning of Section 36 of Article XIII of the California
12Constitution, it shall apply to local agencies only to the extent that
13the state provides annual funding for the cost increase. Any new
14program or higher level of service provided by a local agency
15pursuant to this act above the level for which funding has been
16provided shall not require a subvention of funds by the state nor
17otherwise be subject to Section 6 of Article XIII B of the California
18Constitution.



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