Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2597

Introduced by Assembly Member Cooley

February 19, 2016

An act to amend begin delete Section 1517 of the Health and Safety Code, end delete begin insert Sections 366.26 and 16519.5 of the Welfare and Institutions Code, end insert relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

AB 2597, as amended, Cooley. Resource family approval.

Existing law provides for the early implementation, by counties and foster family agencies, of the resource family approval process, which is a unified, family friendly, and child-centered approval process that replaces the multiple processes for licensing foster family homes, approving relatives and nonrelative extended family members as foster care providers, and approving adoptive families. Existing law requires the State Department of Social Services to implement the resource family approval process in all counties and with all foster family agencies by January 1, 2017. begin insert Existing law requires a resource family to demonstrate, among other things, the financial ability within the household to ensure the stability and financial security of the family. Existing law also provides, in specified circumstances, that AFDC-FC funding shall not be available until approval of the resource family has been completed. end insert

begin delete This bill would make technical, nonsubstantive changes to those provisions. end delete begin insert This bill would provide that a family who will rely on AFDC-FC benefits to meet additional household expenses incurred due to the placement of a child or children shall not, for that reason, be denied approval as a resource family. The bill would also, among other things, provide that a family approved only for the placement of a specific child or children be reassessed prior to the placement of any other or additional children. The bill would also provide, in specified circumstances, that if the resource family approval process is not completed within 90 days after placement due to circumstances outside the control of the resource family, then the beginning date of aid for AFDC-FC shall be no later than 90 days after placement. The bill would also require that a determination to deny approval of a resource family be reviewed by county staff at the supervisory or administrative level, for compliance with the approval standards, as specified. By increasing duties on county staff, the bill would impose a state-mandated local program. end insert

begin insert

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

end insert begin insert

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

end insert

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 366.26 of the end insert begin insert Welfare and Institutions
Code end insert begin insert is amended to read: end insert

366.26.  

(a) This section applies to children who are adjudged
dependent children of the juvenile court pursuant to subdivision
(d) of Section 360. The procedures specified herein are the
exclusive procedures for conducting these hearings; Part 2
(commencing with Section 3020) of Division 8 of the Family Code
is not applicable to these proceedings. Section 8616.5 of the Family
Code is applicable and available to all dependent children meeting
the requirements of that section, if the postadoption contact
agreement has been entered into voluntarily. For children who are
adjudged dependent children of the juvenile court pursuant to
subdivision (d) of Section 360, this section and Sections 8604,
8605, 8606, and 8700 of the Family Code and Chapter 5
(commencing with Section 7660) of Part 3 of Division 12 of the
Family Code specify the exclusive procedures for permanently
terminating parental rights with regard to, or establishing legal
guardianship of, the child while the child is a dependent child of
the juvenile court.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) In the case of an Indian child:

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

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

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

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

(4) (A) If the court finds that adoption of the child or
termination of parental rights is not in the best interest of the child,
because one of the conditions in clause (i), (ii), (iii), (iv), (v), or
(vi) of subparagraph (B) of paragraph (1) or in paragraph (2)
applies, the court shall order that the present caretakers or other
appropriate persons shall become legal guardians of the child, or,
in the case of an Indian child, consider a tribal customary adoption
pursuant to Section 366.24. Legal guardianship shall be considered
before continuing the child in foster care under any other permanent
plan, if it is in the best interests of the child and if a suitable
guardian can be found. If the child continues in foster care, the
court shall make factual findings identifying any barriers to
achieving adoption, tribal customary adoption in the case of an
Indian child, legal guardianship, or placement with a fit and willing
relative as of the date of the hearing. A child who is 10 years of
age or older, shall be asked to identify any individuals, other than
the child’s siblings, who are important to the child, in order to
identify potential guardians or, in the case of an Indian child,
prospective tribal customary adoptive parents. The agency may
ask any other child to provide that information, as appropriate.

(B) (i) If the child is living with an approved relative begin insert or a
relative approved as a resource family end insert who is willing and capable
of providing a stable and permanent environment, but not willing
to become a legal guardian begin insert or adoptive parent end insert as of the hearing
date, the court shall order a permanent plan of placement with a
fit and willing relative, and the child shall not be removed from
the home if the court finds the removal would be seriously
detrimental to the emotional well-being of the child because the
child has substantial psychological ties to the relative caretaker.

(ii) If the child is living with a nonrelative caregiver who is
willing and capable of providing a stable and permanent
environment, but not willing to become a legal guardian as of the
hearing date, the court shall order that the child remain in foster
care with a permanent plan of return home, adoption, legal
guardianship, or placement with a fit and willing relative, as
appropriate. If the child is 16 years of age or older, or a nonminor
dependent, and no other permanent plan is appropriate at the time
of the hearing, the court may order another planned permanent
living arrangement, as described in paragraph (2) of subdivision
(i) of Section 16501. Regardless of the age of the child, the child
shall not be removed from the home if the court finds the removal
would be seriously detrimental to the emotional well-being of the
child because the child has substantial psychological ties to the
caregiver.

(iii) If the child is living in a group home or, on or after January
1, 2017, a short-term residential treatment center, the court shall
order that the child remain in foster care with a permanent plan of
return home, adoption, tribal customary adoption in the case of an
Indian child, legal guardianship, or placement with a fit and willing
relative, as appropriate. If the child is 16 years of age or older, or
a nonminor dependent, and no other permanent plan is appropriate
at the time of the hearing, the court may order another planned
permanent living arrangement, as described in paragraph (2) of
subdivision (i) of Section 16501.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) This subdivision shall only apply to cases in which an order
to set a hearing pursuant to this section is issued on or after January
1, 1995.

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

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

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

(A) Applying for an adoption home study.

(B) Cooperating with an adoption home study.

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

(D) Requesting de facto parent status.

(E) Signing an adoptive placement agreement.

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

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

(H) Attending classes required of prospective adoptive parents.

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

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

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

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

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

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

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

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

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

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 16519.5 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

16519.5.  

(a) The State Department of Social Services, in
consultation with county child welfare agencies, foster parent
associations, and other interested community parties, shall
implement a unified, family friendly, and child-centered resource
family approval process to replace the existing multiple processes
for licensing foster family homes, approving relatives and
nonrelative extended family members as foster care providers, and
approving adoptive families.

(b) (1) Counties shall be selected to participate on a voluntary
basis as early implementation counties for the purpose of
participating in the initial development of the approval process.
Early implementation counties shall be selected according to
criteria developed by the department in consultation with the
County Welfare Directors Association. In selecting the five early
implementation counties, the department shall promote diversity
among the participating counties in terms of size and geographic
location.

(2) Additional counties may participate in the early
implementation of the program upon authorization by the
department.

(c) (1) For the purposes of this chapter, “resource family” means
an individual or couple that a participating county or foster family
agency, as defined in subdivision (g) of Section 11400 of this code,
and paragraph (4) of subdivision (a) of Section 1502 of the Health
and Safety Code, determines to have successfully met both the
home environment assessment standards and the permanency
assessment criteria adopted pursuant to subdivision (d) necessary
for providing care for a related or unrelated child who is under the
jurisdiction of the juvenile court, or otherwise in the care of a
county child welfare agency or probation department. A resource
family shall demonstrate all of the following:

(A) An understanding of the safety, permanence, and well-being
needs of children who have been victims of child abuse and neglect,
and the capacity and willingness to meet those needs, including
the need for protection, and the willingness to make use of support
resources offered by the agency, or a support structure in place,
or both.

(B) An understanding of children’s needs and development,
effective parenting skills or knowledge about parenting, and the
capacity to act as a reasonable, prudent parent in day-to-day
decisionmaking.

(C) An understanding of his or her role as a resource family and
the capacity to work cooperatively with the agency and other
service providers in implementing the child’s case plan.

(D) The financial ability within the household to ensure the
stability and financial security of the family. begin insert A family who will
rely on AFDC-FC benefits to meet additional household expenses
incurred due to the placement of a child or children shall not, for
this reason, be denied approval as a resource family. end insert

(E) An ability and willingness to provide a family setting that
promotes normal childhood experiences that serves the needs of
the child.

(2)  begin insert (A) end insert begin insert   end insert Subsequent to meeting the criteria set forth in this
subdivision and designation as a resource family, a resource family
shall be considered eligible to provide foster care for related and
unrelated children in out-of-home placement, shall be considered
approved for adoption or guardianship, and shall not have to
undergo any additional approval or licensure as long as the family
lives in a county participating in the program.

begin insert

(B) Notwithstanding subparagraph (A), a family approved only
for the placement of a specific child or children, pursuant to
paragraph (5) of subdivision (e) shall be reassessed prior to the
placement of any other or additional children. An applicant who
is a relative or nonrelative extended family member shall be
approved only for the placement of a specific child or children, if
exceptional circumstances exist indicating that the placement is
in the best interest of the specific child or children, but the
applicant is not able or not willing to care for other or additional
children. If a relative seeking approval as a resource family for a
specific child or children is willing and able to provide a stable
and permanent home for the child or children, but not willing to
become a legal guardian or adoptive parent, the permanency
assessment shall take into account the provision for a permanent
plan of placement with a fit and willing relative pursuant to
subparagraph (B) of paragraph (4) of subdivision (c) of Section
366.26, and approval shall not be denied for this reason.

end insert

(3) Resource family approval means that the applicant
successfully meets the home environment assessment and
permanency assessment standards. This approval is in lieu of the
existing foster care license, relative or nonrelative extended family
member approval, and the adoption home study approval.

(4) Approval of a resource family does not guarantee an initial
or continued placement of a child with a resource family.

(5) Notwithstanding paragraphs (1) to (4), inclusive, the
department or county may cease any further review of an
application if the applicant has had a previous application denial
within the preceding year, or if the applicant has had a previous
rescission, revocation, or exemption denial or rescission by the
department or county within the preceding two years. However,
the department or county may continue to review an application
if it has determined that the reasons for the previous denial,
rescission, or revocation were due to circumstances and conditions
that either have been corrected or are no longer in existence. If an
individual was excluded from a resource family home or facility
licensed by the department, the department or county shall cease
review of the individual’s application unless the excluded
individual has been reinstated pursuant to Section 11522 of the
Government Code. The cessation of review shall not constitute a
denial of the application for purposes of this section or any other
law.

(d) Prior to implementation of this program, the department
shall adopt standards pertaining to the home environment and
permanency assessments of a resource family.

(1) Resource family home environment assessment standards
shall include, but not be limited to, all of the following:

(A) (i) Criminal records clearance of all adults residing in, or
regularly present in, the home, and not exempted from
fingerprinting, as set forth in subdivision (b) of Section 1522 of
the Health and Safety Code, pursuant to Section 8712 of the Family
Code, utilizing a check of the Child Abuse Central Index (CACI),
and receipt of a fingerprint-based state and federal criminal
offender record information search response. The criminal history
information shall include subsequent notifications pursuant to
Section 11105.2 of the Penal Code.

(ii) Consideration of any substantiated allegations of child abuse
or neglect against either the applicant or any other adult residing
in the home. An approval may not be granted to applicants whose
criminal record indicates a conviction for any of the offenses
specified in subdivision (g) of Section 1522 of the Health and
Safety Code.

(iii) If the resource family parent, applicant, or any other person
specified in subdivision (b) of Section 1522 of the Health and
Safety Code has been convicted of a crime other than a minor
traffic violation, except for the civil penalty language, the criminal
background check provisions specified in subdivisions (d) through
(f) of Section 1522 of the Health and Safety Code shall apply.
Exemptions from the criminal records clearance requirements set
forth in this section may be granted by the director or the early
implementation county, if that county has been granted permission
by the director to issue criminal records exemptions pursuant to
Section 361.4, using the exemption criteria currently used for foster
care licensing as specified in subdivision (g) of Section 1522 of
the Health and Safety Code.

(iv) For public foster family agencies approving resource
families, the criminal records clearance process set forth in clause
(i) shall be utilized.

(v) For private foster family agencies approving resource
families, the criminal records clearance process set forth in clause
(i) shall be utilized, but the Department of Justice shall disseminate
a fitness determination resulting from the federal criminal offender
record information search.

(B) Buildings and grounds and storage requirements set forth
in Sections 89387 and 89387.2 of Title 22 of the California Code
of Regulations.

(C) In addition to the foregoing requirements, the resource
family home environment assessment standards shall also require
the following:

(i) That the applicant demonstrate an understanding about the
rights of children in care and his or her responsibility to safeguard
those rights.

(ii) That the total number of children residing in the home of a
resource family shall be no more than the total number of children
the resource family can properly care for, regardless of status, and
shall not exceed six children, unless exceptional circumstances
that are documented in the foster child’s case file exist to permit
a resource family to care for more children, including, but not
limited to, the need to place siblings together.

(iii) That the applicant understands his or her responsibilities
with respect to acting as a reasonable and prudent parent, and
maintaining the least restrictive environment that serves the needs
of the child.

(2) The resource family permanency assessment standards shall
include, but not be limited to, all of the following:

(A) The applicant shall complete caregiver training.

(B) (i) The applicant shall complete a psychosocial assessment,
which shall include the results of a risk assessment.

(ii) A caregiver risk assessment shall include, but shall not be
limited to, physical and mental health, alcohol and other substance
use and abuse, family and domestic violence, and the factors listed
in subparagraphs (A) and (D) of paragraph (1) of subdivision (c).

(C) The applicant shall complete any other activities that relate
to a resource family’s ability to achieve permanency with the child.

(e) (1) A child may be placed with a resource family that has
successfully completed the home environment assessment prior
to completion of a permanency assessment only if a compelling
reason for the placement exists based on the needs of the child.

(2) The permanency assessment shall be completed within 90
days of the child’s placement in the home, unless good cause exists
based upon the needs of the child.

(3) If additional time is needed to complete the permanency
assessment, the county shall document the extenuating
circumstances for the delay and generate a timeframe for the
completion of the permanency assessment.

(4) The county shall report to the department on a quarterly
basis the number of families with a child in an approved home
whose permanency assessment goes beyond 90 days and
summarize the reasons for these delays.

(5)  begin insert Relatives and nonrelative extended family members, as
defined in Section 362.7, shall continue to be assessed and given
consideration for placement as described in Sections 309, 319,
361.3, and 362.7. end insert A child may be placed with a begin delete relative, as defined
in Section 319, end delete begin insert relative end insert or nonrelative extended family begin delete member,
as defined in Section 362.7, end delete begin insert member end insert prior to applying as a resource
family only on an emergency basis if all of the following
requirements are met:

(A) Consideration of the results of a criminal records check
conducted pursuant to Section 16504.5 of the relative or nonrelative
extended family member and of every other adult in the home.

(B) Consideration of the results of the Child Abuse Central
Index (CACI) consistent with Section 1522.1 of the Health and
Safety Code of the relative or nonrelative extended family member,
and of every other adult in the home.

(C) The home and grounds are free of conditions that pose undue
risk to the health and safety of the child.

(D) For any placement made pursuant to this paragraph, the
county shall initiate the home environment assessment no later
than five business days after the placement, which shall include a
face-to-face interview with the resource family applicant and child.

(E)  begin insert (i) end insert begin insert   end insert For any placement made pursuant to this paragraph,
AFDC-FC funding shall not be available until approval of the
resource family has been completed.

begin insert

(ii) Notwithstanding clause (i), if the resource family approval
process is not completed within 90 days after placement due to
circumstances outside the control of the resource family, then the
beginning date of aid for AFDC-FC shall be no later than 90 days
after placement.

end insert

(F) Any child placed under this section shall be afforded all the
rights set forth in Section 16001.9.

(f) The State Department of Social Services shall be responsible
for all of the following:

(1) Selecting early implementation counties, based on criteria
established by the department in consultation with the County
Welfare Directors Association.

(2) Establishing timeframes for participating counties to submit
an implementation plan, enter into terms and conditions for
participation in the program, train appropriate staff, and accept
applications from resource families.

(3) Entering into terms and conditions for participation in the
program by counties.

(4) Administering the program through the issuance of written
directives that shall have the same force and effect as regulations.
Any directive affecting Article 1 (commencing with Section 700)
of Chapter 7 of Title 11 of the California Code of Regulations shall
be approved by the Department of Justice. The directives shall be
exempt from the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340))
of Part 1 of Division 3 of Title 2 of the Government Code.

(5) Approving and requiring the use of a single standard for
resource family approval.

(6) Adopting and requiring the use of standardized
documentation for the home environment and permanency
assessments of resource families.

(7) Requiring counties to monitor resource families including,
but not limited to, all of the following:

(A) Investigating complaints of resource families.

(B) Developing and monitoring resource family corrective action
plans to correct identified deficiencies and to rescind resource
family approval if compliance with corrective action plans is not
achieved.

(8) Ongoing oversight and monitoring of county systems and
operations including all of the following:

(A) Reviewing the county’s implementation of the program.

(B) Reviewing an adequate number of approved resource
families in each participating county to ensure that approval
standards are being properly applied. The review shall include
case file documentation, and may include onsite inspection of
individual resource families. The review shall occur on an annual
basis, and more frequently if the department becomes aware that
a participating county is experiencing a disproportionate number
of complaints against individual resource family homes.

(C) Reviewing county reports of serious complaints and
incidents involving approved resource families, as determined
necessary by the department. The department may conduct an
independent review of the complaint or incident and change the
findings depending on the results of its investigation.

(D) Investigating unresolved complaints against participating
counties.

(E) Requiring corrective action of counties that are not in full
compliance with the terms and conditions of the program.

(9) Updating the Legislature on the early implementation phase
of the program, including the status of implementation, successes,
and challenges during the early implementation phase, and relevant
available data, including resource family satisfaction.

(10) Implementing due process procedures, including all of the
following:

(A) Providing a statewide fair hearing process for denials,
rescissions, or exclusion actions.

(B) Amending the department’s applicable state hearing
procedures and regulations or using the Administrative Procedure
Act, when applicable, as necessary for the administration of the
program.

(g) Counties participating in the program shall be responsible
for all of the following:

(1) Submitting an implementation plan, entering into terms and
conditions for participation in the program, consulting with the
county probation department in the development of the
implementation plan, training appropriate staff, and accepting
applications from resource families within the timeframes
established by the department.

(2) Complying with the written directives pursuant to paragraph
(4) of subdivision (f).

(3) Implementing the requirements for resource family approval
and utilizing standardized documentation established by the
department.

(4) Ensuring staff have the education and experience necessary
to complete the home environment and psychosocial assessments
competently.

(5) (A) Taking the following actions, as applicable:

(i) Approving or denying resource family applications.

(ii) Rescinding approvals of resource families.

(iii) Excluding a resource family parent or other individual from
presence in a resource family home, consistent with the established
standard.

(iv) Issuing a temporary suspension order that suspends the
resource family approval prior to a hearing when urgent action is
needed to protect a child or nonminor dependent from physical or
mental abuse, abandonment, or any other substantial threat to
health or safety, consistent with the established standard.

(B) Providing a resource family parent, applicant, or excluded
individual requesting review of that decision with due process
pursuant to the department’s statutes, regulations, and written
directives.

(C) Notifying the department of any decisions denying a
resource family’s application or rescinding the approval of a
resource family, excluding an individual, or taking other
administrative action.

(D) Issuing a temporary suspension order that suspends the
resource family approval prior to a hearing, when urgent action is
needed to protect a child or nonminor dependent who is or may
be placed in the home from physical or mental abuse, abandonment,
or any other substantial threat to health or safety.

(6) Updating resource family approval annually.

(7) Monitoring resource families through all of the following:

(A) Ensuring that social workers who identify a condition in
the home that may not meet the approval standards set forth in
subdivision (d) while in the course of a routine visit to children
placed with a resource family take appropriate action as needed.

(B) Requiring resource families to comply with corrective action
plans as necessary to correct identified deficiencies. If corrective
action is not completed as specified in the plan, the county may
rescind the resource family approval.

(C) Requiring resource families to report to the county child
welfare agency any incidents consistent with the reporting
requirements for licensed foster family homes.

(8) Investigating all complaints against a resource family and
taking action as necessary. This shall include investigating any
incidents reported about a resource family indicating that the
approval standard is not being maintained.

(A) The child’s social worker shall not conduct the formal
investigation into the complaint received concerning a family
providing services under the standards required by subdivision
(d). To the extent that adequate resources are available, complaints
shall be investigated by a worker who did not initially conduct the
home environment or psychosocial assessments.

(B) Upon conclusion of the complaint investigation, the final
disposition shall be reviewed and approved by a supervising staff
member.

(C) The department shall be notified of any serious incidents
or serious complaints or any incident that falls within the definition
of Section 11165.5 of the Penal Code. If those incidents or
complaints result in an investigation, the department shall also be
notified as to the status and disposition of that investigation.

(9) Performing corrective action as required by the department.

(10) Assessing county performance in related areas of the
California Child and Family Services Review System, and
remedying problems identified.

(11) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph (9) of subdivision (f).

(12) Ensuring resource family applicants and resource families
have the necessary knowledge, skills, and abilities to support
children in foster care by completing caregiver training. The
training should include a curriculum that supports the role of a
resource family in parenting vulnerable children and should be
ongoing in order to provide resource families with information on
trauma-informed practices and requirements and other topics within
the foster care system.

(13) Ensuring that a resource family applicant completes a
minimum of 12 hours of preapproval training. The training shall
include, but not be limited to, all of the following courses:

(A) An overview of the child protective and probation systems.

(B) The effects of trauma, including grief and loss, and child
abuse and neglect, on child development and behavior, and
methods to behaviorally support children impacted by that trauma
or child abuse and neglect.

(C) Positive discipline and the importance of self-esteem.

(D) Health issues in foster care.

(E) Accessing services and supports to address education needs,
physical, mental, and behavioral health, and substance use
disorders, including culturally relevant services.

(F) The rights of a child in foster care, and the resource family’s
responsibility to safeguard those rights, including the right to have
fair and equal access to all available services, placement, care,
treatment, and benefits, and to not be subjected to discrimination
or harassment on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex, sexual
orientation, gender identity, mental or physical disability, or HIV
status.

(G) Cultural needs of children, including instruction on cultural
competency and sensitivity, and related best practices for providing
adequate care for children or youth across diverse ethnic and racial
backgrounds, as well as children or youth identifying as lesbian,
gay, bisexual, or transgender.

(H) Basic instruction on existing laws and procedures regarding
the safety of foster youth at school; and ensuring a harassment and
violence free school environment pursuant to Article 3.6
(commencing with Section 32228) of Chapter 2 of Part 19 of
Division 1 of Title 1 of the Education Code.

(I) Permanence, well-being, and education needs of children.

(J) Child and adolescent development, including sexual
orientation, gender identity, and expression.

(K) The role of resource families, including working
cooperatively with the child welfare or probation agency, the
child’s family, and other service providers implementing the case
plan.

(L) The role of a resource family on the child and family team
as defined in paragraph (4) of subdivision (a) of Section 16501.

(M) A resource family’s responsibility to act as a reasonable
and prudent parent, and to provide a family setting that promotes
normal childhood experiences and that serves the needs of the
child.

(N) An overview of the specialized training identified in
subdivision (h).

(14) Ensuring approved resource families complete a minimum
of eight training hours annually, a portion of which shall be from
one or more of the topics listed in paragraph (13).

(h) In addition to any training required by this section, a resource
family may be required to receive specialized training, as relevant,
for the purpose of preparing the resource family to meet the needs
of a particular child in care. This training may include, but is not
limited to, the following:

(1) Understanding how to use best practices for providing care
and supervision to commercially sexually exploited children.

(2) Understanding how to use best practices for providing care
and supervision to lesbian, gay, bisexual, and transgender children.

(3) Understanding the requirements and best practices regarding
psychotropic medications, including, but not limited to, court
authorization, benefits, uses, side effects, interactions, assistance
with self-administration, misuse, documentation, storage, and
metabolic monitoring of children prescribed psychotropic
medications.

(4) Understanding the federal Indian Child Welfare Act (25
U.S.C. Sec. 1901 et seq.), its historical significance, the rights of
children covered by the act, and the best interests of Indian
children, including the role of the caregiver in supporting culturally
appropriate, child-centered practices that respect Native American
history, culture, retention of tribal membership and connection to
the tribal community and traditions.

(5) Understanding how to use best practices for providing care
and supervision to nonminor dependents.

(6) Understanding how to use best practices for providing care
and supervision to children with special health care needs.

(7) Understanding the different permanency options and the
services and benefits associated with the options.

(i) Nothing in this section shall preclude a county or a foster
family agency from requiring resource family training in excess
of the requirements in this section.

(j) (1) Approved relatives and nonrelative extended family
members, licensed foster family homes, or approved adoptive
homes that have completed the license or approval process prior
to full implementation of the program shall not be considered part
of the program. The otherwise applicable assessment and oversight
processes shall continue to be administered for families and
facilities not included in the program.

(2)  Upon implementation of the program in a county, that
county may not accept new applications for the licensure of foster
family homes, the approval of relative and nonrelative extended
family members, or the approval of prospective adoptive homes.

(k) The department may waive regulations that pose a barrier
to implementation and operation of this program. The waiver of
any regulations by the department pursuant to this section shall
apply to only those counties or foster family agencies participating
in the program and only for the duration of the program.

(l) Resource families approved under initial implementation of
the program, who move within an early implementation county or
who move to another early implementation county, shall retain
their resource family status if the new building and grounds,
outdoor activity areas, and storage areas meet home environment
standards. The State Department of Social Services or early
implementation county may allow a program-affiliated individual
to transfer his or her subsequent arrest notification if the individual
moves from one early implementation county to another early
implementation county, as specified in subdivision (g) of Section
1522 of the Health and Safety Code.

(m) (1) The approval of a resource family who moves to a
nonparticipating county remains in full force and effect pending
a determination by the county approval agency or the department,
as appropriate, whether the new building and grounds and storage
areas meet applicable standards, and whether all adults residing
in the home have a criminal records clearance or exemptions
granted, using the exemption criteria used for foster care licensing,
as specified in subdivision (g) of Section 1522 of the Health and
Safety Code. Upon this determination, the nonparticipating county
shall either approve the family as a relative or nonrelative extended
family member, as applicable, or the department shall license the
family as a foster family home.

(2) Subject to the requirements in paragraph (1), the family shall
continue to be approved for guardianship and adoption. Nothing
in this subdivision shall limit a county or adoption agency from
determining that the family is not approved for guardianship or
adoption based on changes in the family’s circumstances or
psychosocial assessment.

(3) A program-affiliated individual who moves to a
nonparticipating county may not transfer his or her subsequent
arrest notification from a participating county to the
nonparticipating county.

(n) Implementation of the program shall be contingent upon the
continued availability of federal Social Security Act Title IV-E
(42 U.S.C. Sec. 670) funds for costs associated with placement of
children with resource families assessed and approved under the
program.

(o) A child placed with a resource family shall be eligible for
AFDC-FC payments. A resource family, or a foster family agency
pursuant to subdivisions (s) and (t), shall be paid an AFDC-FC
rate pursuant to Sections 11460, 11461, and 11463. Sharing ratios
for nonfederal expenditures for all costs associated with activities
related to the approval of relatives and nonrelative extended family
members shall be in accordance with Section 10101.

(p) The Department of Justice shall charge fees sufficient to
cover the cost of initial or subsequent criminal offender record
information and Child Abuse Central Index searches, processing,
or responses, as specified in this section.

(q) Except as provided, approved resource families under this
program shall be exempt from all of the following:

(1) Licensure requirements set forth under the Community Care
Facilities Act, commencing with Section 1500 of the Health and
Safety Code, and all regulations promulgated thereto.

(2) Relative and nonrelative extended family member approval
requirements set forth under Sections 309, 361.4, and 362.7, and
all regulations promulgated thereto.

(3) Adoptions approval and reporting requirements set forth
under Section 8712 of the Family Code, and all regulations
promulgated thereto.

(r) (1) Early implementation counties shall be authorized to
continue through December 31, 2016. The program shall be
implemented by each county on or before January 1, 2017.

(2) No later than July 1, 2017, each county shall provide the
following information to all licensed foster family homes and all
approved relatives and nonrelative extended family members:

(A) A detailed description of the resource family approval
program.

(B) Notification that, in order to care for a foster child, resource
family approval is required by December 31, 2019.

(C) Notification that a foster family home license and an
approval of a relative or nonrelative extended family member shall
be forfeited by operation of law as provided for in paragraph (4).

(3) By no later than January 1, 2018, the following shall apply
to all licensed foster family homes and approved relative and
nonrelative extended family members:

(A) A licensed foster family home, and an approved relative or
nonrelative extended family member with an approved adoptive
home study completed prior to January 1, 2018, shall be deemed
to be an approved resource family.

(B) A licensed foster family home, and an approved relative or
nonrelative extended family member who had a child in placement
at any time, for any length of time, between January 1, 2017, and
December 31, 2017, inclusive, may be approved as a resource
family on the date of successful completion of a psychosocial
assessment pursuant to subparagraph (B) of paragraph (2) of
subdivision (d).

(C) A county may provide supportive services to all licensed
foster family home providers, relatives, and nonrelative extended
family members with a child in placement to assist with the
resource family transition and to minimize placement disruptions.

(4) All foster family licenses and approvals of a relative or
nonrelative extended family member shall be forfeited by operation
of law on December 31, 2019, except as provided in this paragraph:

(A) All licensed foster family homes that did not have a child
in placement at any time, for any length of time, between January
1, 2017, and December 31, 2017, inclusive, shall forfeit the license
by operation of law on January 1, 2018.

(B) For foster family home licensees and approved relatives or
nonrelative extended family members who have a pending resource
family application on December 31, 2019, the foster family home
license or relative and nonrelative extended family member
approval shall be forfeited by operation of law on the date of
approval as a resource family. If approval is denied, forfeiture by
operation of law shall occur on the date of completion of any
proceedings required by law to ensure due process.

(s) On and after January 1, 2017, all licensed foster family
agencies shall approve resource families in lieu of certifying foster
homes. A foster family agency or a short-term residential treatment
center pursuant to subdivision (b) of Section 11462 shall require
applicants and resource families to meet the resource family
approval standards and requirements set forth in this chapter and
in the written directives adopted pursuant to this chapter prior to
approval and in order to maintain approval.

(t) Commencing January 1, 2016, the department may establish
participation conditions, and select and authorize foster family
agencies that voluntarily submit implementation plans and revised
plans of operation in accordance with requirements established by
the department, to approve resource families in lieu of certifying
foster homes.

(1) Notwithstanding any other law, a participating foster family
agency shall require resource families to meet and maintain the
resource family approval standards and requirements set forth in
this chapter and in the written directives adopted hereto prior to
approval and in order to maintain approval.

(2) A participating foster family agency shall implement the
resource family approval program pursuant to Section 1517 of the
Health and Safety Code.

(3) Nothing in this section shall be construed to limit the
authority of the department to inspect, evaluate, or investigate a
complaint or incident, or initiate a disciplinary action against a
foster family agency pursuant to Article 5 (commencing with
Section 1550) of Chapter 3 of Division 2 of the Health and Safety
Code, or to take any action it may deem necessary for the health
and safety of children placed with the foster family agency.

(4) The department may adjust the foster family agency
AFDC-FC rate pursuant to Section 11463 for implementation of
this subdivision.

begin insert

(u) A determination to deny approval of a resource family shall
be reviewed by county staff at the supervisory or administrative
level for compliance with the approval standards set forth pursuant
to this section. This subdivision does not affect the right of an
applicant to request an administrative hearing pursuant to Section
10950.

end insert

begin insert

begin insert SEC. 3. end insert   

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

end insert

begin delete

SECTION 1.  

Section 1517 of the Health and Safety Code is
amended to read:

1517.  

(a) (1) Pursuant to subdivision (a) of Section 16519.5
of the Welfare and Institutions Code, the State Department of
Social Services, shall implement a unified, family friendly, and
child-centered resource family approval process to replace the
existing multiple processes for licensing foster family homes,
approving relatives and nonrelative extended family members as
foster care providers, and approving adoptive families.

(2) For purposes of this section, a “resource family” means an
individual or couple that has successfully met both the home
environment assessment and the permanency assessment criteria,
as set forth in Section 16519.5 of the Welfare and Institutions
Code, necessary for providing care for a related or unrelated child
who is under the jurisdiction of the juvenile court, or otherwise in
the care of a county child welfare agency or probation department.

(b) A foster family agency that is selected and authorized to
participate in early implementation of the resource family approval
program, pursuant to subdivision (t) of Section 16519.5 of the
Welfare and Institutions Code, shall comply with the provisions
of this section.

(1) Notwithstanding any other law, the foster family agency
shall require its applicants and resource families to meet the
resource family approval standards set forth in Section 16519.5
of the Welfare and Institutions Code, the written directives adopted
thereto, and other applicable laws prior to approval and in order
to maintain approval.

(2) The foster family agency shall be responsible for all of the
following:

(A) Complying with the applicable provisions of this chapter,
the regulations for foster family agencies, the resource family
approval standards and requirements set forth in Section 16519.5
of the Welfare and Institutions Code, and the applicable written
directives adopted thereto as directed by the department.

(B) Implementing the requirements for the resource family
approval and utilizing standardized documentation established by
the department.

(C) Ensuring staff have the education and experience necessary
to complete the home environment and psychosocial assessments
competently.

(D) Taking the following actions, as applicable:

(i) Approving or denying resource family applications.

(ii) Rescinding approvals of resource families.

(E) Providing to the department a log of resource families that
were approved or rescinded during the month by the 10th day of
the following month. For purposes of subdivision (d) of Section
1536, a certified family home includes a resource family approved
by the foster family agency pursuant to this section.

(F) Updating resource family approval annually.

(G) Monitoring resource families through all of the following:

(i) Ensuring that social workers who identify a condition in the
home that may not meet the resource family approval standards
while in the course of a routine visit to children subsequently
placed with a resource family take appropriate action as needed.

(ii) Requiring resource families to comply with corrective action
plans, as necessary, to correct identified deficiencies. If corrective
action is not completed as specified in the plan, the foster family
agency or the department may rescind the approval of the resource
family in accordance with the written directives adopted pursuant
to Section 16519.5 of the Welfare and Institutions Code.

(iii) Requiring resource families to report to the foster family
agency any incidents as specified in the written directives adopted
pursuant to Section 16519.5 of the Welfare and Institutions Code.

(H) Performing corrective action as required by the department.

(I) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph (9) of subdivision (f) of Section 16519.5 of
the Welfare and Institutions Code.

(J) Ensuring resource family applicants and resource families
meet the training requirements set forth in paragraphs (12) to (14),
inclusive, of subdivisions (g) and (h) of Section 16519.5 of the
Welfare and Institutions Code.

(c) In addition to subdivision (f) of Section 16519.5 of the
Welfare and Institutions Code, the State Department of Social
Services shall be responsible for all of the following:

(1) Investigating all complaints against a resource family
approved by a foster family agency and taking any action it deems
necessary. This shall include investigating incidents reported about
a resource family indicating that the approval standard is not being
maintained. Complaint investigations shall be conducted in
accordance with the written directives adopted pursuant to Section
16519.5 of the Welfare and Institutions Code.

(2) Rescinding approvals of a resource family approved by a
foster family agency.

(3) Excluding a resource family parent or other individual from
presence in a resource family home or licensed community care
facility, from being a member of the board of directors, an
executive director, or an officer of a licensed community care
facility, or prohibiting a licensed community care facility from
employing the resource family parent or other individual, if
appropriate.

(4) Issuing a temporary suspension order that suspends the
resource family approval prior to a hearing, when urgent action is
needed to protect a child or nonminor dependent from physical or
mental abuse, abandonment, or any other substantial threat to
health or safety.

(d) The department may enter and inspect the home of a resource
family approved by a foster family agency to secure compliance
with the resource family approval standards, investigate a
complaint or incident, or ensure the quality of care provided.

(e) Nothing in this section or Section 16519.5 of the Welfare
and Institutions Code limits the authority of the department to
inspect, evaluate, investigate a complaint or incident, or initiate a
disciplinary action against a foster family agency pursuant to this
chapter or to take any action it may deem necessary for the health
and safety of children placed with the foster family agency.

(f) For purposes of paragraph (3) of subdivision (b) of Section
1523.1, a certified family home includes a resource family
approved by a foster family agency pursuant to this section.

(g) (1) On and after January 1, 2017, all licensed foster family
agencies shall approve resource families in lieu of certifying foster
homes. A foster family agency shall require its applicants and
resource families to meet the resource family approval standards
and requirements set forth in Section 16519.5 of the Welfare and
Institutions Code, the written directives adopted thereto, and other
applicable laws prior to approval and in order to maintain approval.

(2) No later than July 1, 2017, each foster family agency shall
provide the following information to all certified family homes:

(A) A detailed description of the resource family approval
program.

(B) Notification that, in order to care for a foster child, resource
family approval is required by December 31, 2019.

(C) Notification that a certificate of approval shall be forfeited
by operation of law as provided for in paragraph (5).

(3) By no later than January 1, 2018, both of the following shall
apply to all certified family homes:

(A) A certified family home with an approved adoptive home
study, completed prior to January 1, 2018, shall be deemed to be
an approved resource family.

(B) A certified family home that had a child in placement for
any length of time, between January 1, 2017, and December 31,
2017, inclusive, may be approved as a resource family on the date
of successful completion of a psychosocial assessment pursuant
to subparagraph (B) of paragraph (2) of subdivision (d) of Section
16519.5 of the Welfare and Institutions Code.

(4) A foster family agency may provide supportive services to
all certified family homes with a child in placement to assist with
the resource family transition and to minimize placement
disruptions.

(5) All certificates of approval shall be forfeited by operation
of law on December 31, 2019, except as provided in this paragraph:

(A) A certified family home that did not have a child in
placement for any length of time between January 1, 2017, and
December 31, 2017, inclusive, shall forfeit by operation of law its
certificate of approval on January 1, 2018.

(B) For a certified family home with a pending resource family
application on December 31, 2019, the certificate of approval shall
be forfeited by operation of law on the date of approval as a
resource family. If approval is denied, forfeiture by operation of
law shall occur on the date of completion of any proceedings
required by law to ensure due process.

end delete