California Legislature—2015–16 Regular Session

Assembly Bill No. 2872

Introduced by Assembly Member Patterson

February 19, 2016

An act to amend Sections 7660.5, 7662, 7666, 7667, 8619, and 9001 of the Health and Safety Code, and to amend Sections 305.6, 366.21, and 827 of the Welfare and Institutions Code, relating to children.

LEGISLATIVE COUNSEL’S DIGEST

AB 2872, as introduced, Patterson. Children.

(1) Under existing law, a man is conclusively presumed to be the father of a child if he was married to and cohabiting with the child’s mother, except as specified. Existing law authorizes a presumed father to waive the right to notice of any adoption proceedings by executing a form developed by the State Department of Social Services before an authorized representative of the department, among others.

This bill would, among other things, additionally authorize a presumed father to deny paternity by executing a form developed by the department and before an authorized representative of the department, among others.

(2) Existing law requires notice of adoption proceedings to be given to every person identified as the biological father or a possible biological father at least 10 days before the date of the proceeding, except notice is not required and the court shall issue an order dispensing with notice to a person under specified circumstances, including that the alleged father has been served with written notice of his alleged paternity and the proposed adoption and he has failed to bring an action.

This bill would instead not require notice if the alleged father has failed to file and personally serve notice of action, as specified, and would additionally not require notice if the child was conceived as a result of rape and the father was convicted of the rape.

(3) Existing law prohibits a peace officer from taking into temporary custody, without a warrant, a minor who is in a hospital if specified conditions exist, including that the minor is a newborn who tested positive for illegal drugs or whose birth mother tested positive for illegal drugs or the minor is the subject of a proposed adoption and a Health Facility Minor Release Report has been completed by the hospital, as specified.

This bill would instead prohibit a peace officer or child welfare agency worker from taking into temporary custody, without a warrant, a minor who is in a hospital, if among other conditions, the minor is a newborn who is or may come within the description of a dependent child of the juvenile court. The bill would require the appropriate hospital personnel to complete a Health Facility Minor Release Report and provide copies to specified parties upon request by a parent. The bill would require a child welfare agency worker who investigates the safety and well-being of a minor newborn, prior to filing a dependency petition for a minor newborn who has not yet been discharged from the hospital, to allow a parent who wishes to place the minor newborn for adoption a reasonable opportunity to do so before the minor newborn is discharged from the hospital. By creating additional duties for local officials, this bill would impose a state-mandated local program.

(4) Existing law requires a social worker to provide the parents or legal guardian, counsel for the child, and any court-appointed child advocate with a copy of the supplemental report filed with the court regarding the services provided or offered to the parent or legal guardian, as specified, at least 10 days prior to a hearing conducted by the juvenile court reviewing the status of a dependent child.

This bill would instead require the social worker to provide a copy of the report to all parties, counsel for all parties, and any court-appointed child advocate. By creating additional duties for local officials, this bill would impose a state-mandated local program.

(5) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

SECTION 1.  

Section 7660.5 of the Family Code is amended
to read:

7660.5.  

Notwithstanding any other begin delete provision of end delete law, a
presumed father may begin insert deny paternity or end insert waive the right to notice
of any adoption proceeding by executing a form developed by the
department before an authorized representative of the department,
an authorized representative of a licensed public or private adoption
agency, or a notary public or other person authorized to perform
notarial acts. The begin insert denial of paternity or end insert waiver of notice form may
be validly executed before or after the birth of the child, and once
begin delete signed end delete begin insert signed, end insert no begin delete notice, end delete begin insert notice of, end insert relinquishment for, or consent
begin delete to end delete begin insert to, end insert adoption of the child shall be required from the father for
the adoption to proceed. This shall be a voluntary and informed
begin insert denial or end insert waiver without undue influence. If the child is an Indian
child as defined under the Indian Child Welfare Act (ICWA), any
waiver of consent by an Indian presumed father shall be executed
in accordance with the requirements for voluntary adoptions set
forth in Section 1913 of Title 25 of the United States Code. The
waiver shall not affect the rights of any known federally recognized
Indian tribe or tribes from which the child or the presumed father
may be descended to notification of, or participation in, adoption
proceedings as provided by the ICWA. Notice that the waiver has
been executed shall be given to any known federally recognized
Indian tribe or tribes from which the child or the presumed father
may be descended, as required by the ICWA.

SEC. 2.  

Section 7662 of the Family Code is amended to read:

7662.  

(a) If a mother relinquishes for or consents to, or
proposes to relinquish for or consent to, the adoption of a child,
or if a child otherwise becomes the subject of an adoption
proceeding, the agency or person to whom the child has been or
is to be relinquished, or the mother or the person having physical
or legal custody of the child, or the prospective adoptive parent,
shall file a petition to terminate the parental rights of the alleged
father, unless begin delete one of the following occurs: end delete begin insert notice to the alleged
father of an action would not be required pursuant to subdivision
(b) of end insert begin insert Section 7666 end insert begin insert . end insert

begin delete

(1) The alleged father’s relationship to the child has been
previously terminated or determined not to exist by a court.

(2) The alleged father has been served as prescribed in Section
7666 with a written notice alleging that he is or could be the
biological father of the child to be adopted or placed for adoption
and has failed to bring an action for the purpose of declaring the
existence of the father and child relationship pursuant to
subdivision (c) of Section 7630 within 30 days of service of the
notice or the birth of the child, whichever is later.

(3) The alleged father has executed a written form developed
by the department to waive notice, to deny his paternity, relinquish
the child for adoption, or consent to the adoption of the child.

end delete

(b) The alleged father may validly execute a waiver or denial
of paternity before or after the birth of the child, and, once signed,
no notice of, relinquishment for, or consent begin delete to end delete begin insert to, end insert adoption of the
child shall be required from the alleged father for the adoption to
proceed.

(c) Except as provided in this subdivision and subdivision (d),
all proceedings affecting a child, including proceedings under
Divisions 8 (commencing with Section 3000) to 11 (commencing
with Section 6500), inclusive, Part 1 (commencing with Section
7500) to Part 3 (commencing with Section 7600), inclusive, of this
division, and Part 1 (commencing with Section 1400), Part 2
(commencing with Section 1500), and Part 4 (commencing with
Section 2100) of Division 4 of the Probate Code, and any motion
or petition for custody or visitation filed in a proceeding under this
part, shall be stayed. The petition to terminate parental rights under
this section is the only matter that may be heard during the stay
until the court issues a final ruling on the petition.

(d) This section does not limit the jurisdiction of the court
pursuant to Part 3 (commencing with Section 6240) and Part 4
(commencing with Section 6300) of Division 10 with respect to
domestic violence orders, or pursuant to Article 6 (commencing
with Section 300) of Chapter 2 of Part 1 of Division 2 of the
Welfare and Institutions Code with respect to dependency
proceedings.

SEC. 3.  

Section 7666 of the Family Code is amended to read:

7666.  

(a) Except as provided in subdivision (b), notice of the
proceeding shall be given to every person identified as the
biological father or a possible biological father in accordance with
the Code of Civil Procedure for the service of process in a civil
action in this state at least 10 days before the date of the
proceeding, except that publication or posting of the notice of the
proceeding is not required, and service on the parent or guardian
of a biological father or possible biological father who is a minor
is not required unless the minor has previously provided written
authorization to serve his or her parent or guardian. Proof of giving
the notice shall be filed with the court before the petition is heard.

(b) Notice to a man identified as or alleged to be the biological
father shall not be required, and the court shall issue an order
dispensing with notice to him, under any of the following
circumstances:

(1) The relationship to the child has been previously terminated
or determined not to exist by a court.

(2) The alleged father has executed a written form to waive
notice, deny his paternity, relinquish the child for adoption, or
consent to the adoption of the child.

(3) The whereabouts or identity of the alleged father are
unknown or cannot be ascertained.

(4) The alleged father has been served with written notice of
his alleged paternity and the proposed adoption, and he has failed
to begin delete bring an action pursuant to subdivision (c) of end delete begin insert file and personally
serv end insert begin insert e notice of action pursuant to end insert Section 7630 within 30 days of
service of the notice or the birth of the child, whichever is later.

begin insert

(5) The child was conceived as a result of an act in violation of
Section 261 of the Penal Code, and the father was convicted of
that violation.

end insert

SEC. 4.  

Section 7667 of the Family Code is amended to read:

7667.  

(a) Notwithstanding any other begin delete provision of end delete law, an action
to terminate the parental rights of an alleged father of a child as
specified in this part shall be set for hearing not more than 45 days
after filing of the petition, except as provided in subdivision (c).

(b) The matter begin delete so end delete begin insert that is end insert set shall have precedence over all other
civil matters on the date set for trial, except an action to terminate
parental rights pursuant to Part 4 (commencing with Section 7800).

(c)  begin insert (1) end insert begin insert   end insert The court may dispense with a hearing and issue an ex
parte order terminating parental rights if begin delete any of the following
applies: end delete

begin delete (1) end delete begin delete   end delete begin delete The end delete begin insert the end insert identity or whereabouts of the alleged father are
unknown.

begin insert

(2) The court shall dispense with a hearing and issue an ex
parte order terminating parental rights in any of the following
cases:

end insert begin insert

(A) The court has dispensed with notice to all possible fathers
under subdivision (b) of Section 7666.

end insert begin delete

(2)

end delete

begin insert (B) end insert  The alleged father has validly executed a waiver of the right
to notice or a denial of paternity.

begin delete

(3)

end delete

begin insert (C) end insert  The alleged father has begin delete been served with written notice of
his alleged paternity and the proposed adoption, and he has failed
to bring an action pursuant to subdivision (c) of end delete begin insert failed to file and
personally serve notice of action pursuant to end insert Section 7630 within
30 days of begin delete service of the notice or end delete begin insert being served with written notice
of his alleged paternity and the proposed adoption, or within 30
days of end insert the birth of the child, whichever is later.

SEC. 5.  

Section 8619 of the Family Code is amended to read:

8619.  

begin insert (a) end insert begin insert   end insert The department shall adopt rules and regulations it
determines are reasonably necessary to ensure that the birth parent
or parents of Indian ancestry, seeking to relinquish a child for
adoption, provide sufficient information to the department, county
adoption agency, or licensed adoption agency so that a certificate
of degree of Indian blood can be obtained from the Bureau of
Indian Affairs. The department shall immediately request a
certificate of degree of Indian blood from the Bureau of Indian
Affairs upon obtaining the information. A copy of all documents
pertaining to the degree of Indian blood and tribal enrollment,
including a copy of the certificate of degree of Indian blood, shall
become a permanent record in the adoption files and shall be
housed in a central location and made available to authorized
personnel from the Bureau of Indian Affairs when required to
determine the adopted person’s eligibility to receive services or
benefits because of the adopted person’s status as an Indian. This
information shall be made available to the adopted person upon
reaching the age of majority.

begin insert

(b) A parent desiring to relinquish a child to an adoption agency
pending determination of whether the child is an Indian child shall
do either of the following:

end insert begin insert

(1) Complete the relinquishment procedure for an Indian child
as set forth in Section 8606.5 after the agency has provided all
notices required by Section 8620.

end insert begin insert

(2) Complete the relinquishment procedure set forth in Section
8700 for a non-Indian child, and place a hold on the
relinquishment until the agency accepting the relinquishment has
confirmed that the child is not an Indian child, at which time the
agency shall file the relinquishment with the department. However,
if the child is confirmed to be an Indian child, the agency shall
void the relinquishment, provide notice to the parent, and inform
the parent that if he or she still wishes to relinquish the child, the
parties shall comply with all requirements for relinquishment of
an Indian child.

end insert

SEC. 6.  

Section 9001 of the Family Code is amended to read:

begin delete

9001.  

(a) Except as provided in Section 9000.5, the probation
officer, qualified court investigator, licensed clinical social worker,
licensed marriage family therapist, private licensed adoption
agency, or, at the option of the board of supervisors, the county
welfare department in the county in which the adoption proceeding
is pending shall make an investigation of each case of stepparent
adoption. The court may not make an order of adoption until after
the probation officer, qualified court investigator, licensed clinical
social worker, licensed marriage family therapist, private licensed
adoption agency, or county welfare department has filed its report
and recommendation and they have been considered by the court.

end delete

begin insert

begin insert 9001. end insert   

end insert begin insert

(a) Except as provided in Section 9000.5, before
granting or denying a stepparent adoption request, the court shall
review and consider a written investigative report. The report shall
include the results of fingerprint clearance or CLETS report for
the petitioner. The report in a stepparent adoption case shall not
require a home study unless so ordered by the court upon request
of an investigator or interested person, or on the court’s own
motion. “Home study” as used in this section means a physical
investigation of the premises where the child is residing.

end insert begin insert

(b) At the time of filing the adoption request, the petitioner shall
inform the court in writing if the petitioner is electing to have the
investigation and written report completed by a licensed clinical
social worker, a licensed marriage and family therapist, or a
private licensed adoption agency, in which cases the petitioner
shall not be required to pay any investigation fee pursuant to
Section 9002 at the time of filing, but shall pay these fees directly
to the investigator. Absent that notification, the court may, at the
time of filing, collect an investigation fee pursuant to Section 9002,
and may assign one of the following to complete the investigation:
a probation officer, a qualified court investigator, or the county
welfare department, if so authorized by the board of supervisors
of the county where the action is pending.

end insert begin delete

(b)

end delete

begin insert (c) end insert  If a private licensed adoption agency conducts the
investigation, it shall assign the investigation to a licensed clinical
social worker or licensed marriage and family therapist associated
with the agency. Any grievance regarding the investigation shall
be directed to the licensing authority of the clinical social worker
or marriage and family therapist, as applicable.

begin delete

(c) Unless ordered by the court, no home study may be required
of the petitioner’s home in a stepparent adoption. The agency
conducting the investigation or any interested person may request
the court to order a home study or the court may order a home
study on its own motion.

end delete begin delete

(d) “Home study” as used in this section means a physical
investigation of the premises where the child is residing.

end delete begin delete

(e)

end delete

begin insert (d) end insert  Nothing in this section shall be construed to require the State
Department of Social Services to issue regulations for stepparent
adoptions.

SEC. 7.  

Section 305.6 of the Welfare and Institutions Code is
amended to read:

305.6.  

(a) Any peace officer begin insert or child welfare agency worker end insert
may, without a warrant, take into temporary custody a minor who
is in a hospital if the release of the minor to a prospective adoptive
parent or a representative of a licensed adoption agency poses an
immediate danger to the minor’s health or safety.

(b) (1) Notwithstanding subdivision (a) and Section 305, a
peace officer begin delete may end delete begin insert or a child welfare agency worker shall end insert not,
without a warrant, take into temporary custody a minor who is in
a hospital if all of the following conditions begin delete exist: end delete begin insert exist at any time
before the minor’s discharge from the hospital or prior to the filing
of a petition pursuant to Section 300, whichever is later: end insert

(A) The minor is a newborn who begin delete tested positive for illegal drugs
or whose birth mother tested positive for illegal drugs. end delete begin insert is or may
be described by Section 300. end insert

(B) The minor is the subject of a proposed adoption and a Health
Facility Minor Release Report, begin delete prescribed end delete begin insert developed end insert by the
department, has been completed by the hospital, including the
marking of the boxes applicable to an independent adoption or
agency adoption planning, and signed by the placing birth parent
or birth parents, as well as either the prospective adoptive parent
or parents or an authorized representative of a licensed adoption
agency, prior to the discharge of the birth parent or the minor from
the hospital. begin delete Prior to signing the Health Facility Minor Release
Report, the birth parent or parents shall be given a notice written
in at least 14-point pica type, containing substantially the following
statements: end delete

begin delete

(i) That the Health Facility Minor Release Report does not
constitute consent to adoption of the minor by the prospective
adoptive parent or parents, or any other person.

(ii) That the Health Facility Minor Release Report does not
constitute a relinquishment of parental rights for the purposes of
adoption.

(iii) That the birth parent or parents or any person authorized
by the birth parent or parents may reclaim the minor at any time
from the prospective adoptive parent or parents or any other person
to whom the minor was released by the hospital, as provided in
Sections 8814.5, 8815, or 8700 of the Family Code.

This notice shall be signed by the birth parent or parents and
attached to the Health Facility Minor Release Report, a copy of
which shall be provided to the birth parent or parents by hospital
personnel at the time the form is completed.

end delete

(C) The release of the minor to a prospective adoptive parent
or parents or an authorized representative of a licensed adoption
agency does not pose an immediate danger to the minor.

(D) An attorney or an adoption agency has provided
documentation stating that he or she, or the agency, is representing
the prospective adoptive parent or parents for purposes of the
adoption. In the case of an independent adoption, as defined in
Section 8524 of the Family Code, the attorney or adoption agency
shall provide documentation stating that the prospective adoptive
parent or parents have been informed that the child may be eligible
for benefits provided pursuant to the Adoption Assistance Program,
as set forth in Chapter 2.1 (commencing with Section 16115) of
Part 4 of Division 9, only if, at the time the adoption request is
filed, the child has met the requirements to receive federal
supplemental security income benefits pursuant to Subchapter XVI
(commencing with Section 1381) of Chapter 7 of Title 42 of the
United States Code, as determined and documented by the federal
Social Security Administration.

(E) The prospective adoptive parent or parents or their
representative, or an authorized representative of a licensed
adoption agency, provides all of the following begin insert within a reasonable
timeframe end insert to the peace officer begin delete who is at the hospital end delete begin insert end insert begin insert or child
welfare agency worker who seeks end insert to take the minor into temporary
custody:

(i) A fully executed copy of the Health Facility Minor Release
Report.

(ii) A written form begin delete , developed by the department, end delete signed by
either the prospective adoptive parent or parents or a representative
of the licensed adoption agency, which shall include all of the
following:

(I) A statement that the minor is the subject of a proposed
adoption.

(II) A declaration that the signer or signers will immediately
notify the county child welfare agency pursuant to Section 11165.9
of the Penal Code if the adoption plan is terminated for any reason,
and will not release the minor to the birth parent or parents or any
designee of the birth parent or parents until the county child welfare
agency or local law enforcement agency completes an investigation
and determines that release of the minor to the birth parent or
parents or a designee of the birth parent or parents will not create
an immediate risk to the health or safety of the minor.

(III) An agreement to provide a conformed copy of the adoption
request or guardianship petition to the county child welfare agency
within five business days after filing.

(IV) The names, identifying information, and contact
information for the minor, for each prospective adoptive parent,
and for each birth parent, to the extent that information is known.
In the case of an agency adoption where no prospective adoptive
parent or parents are identified at the time of the minor’s release
from the hospital, the licensed adoption agency may provide the
information as it pertains to the licensed or certified foster home
into which the agency intends to place the minor.

(c) (1) In every independent adoption proceeding under this
section, the prospective adoptive parent or parents shall file with
the court either an adoption request within 10 working days after
execution of an adoption placement agreement, or a guardianship
petition within 30 calendar days after the child’s discharge from
the hospital, whichever is earlier.

(2) If the adoption plan for a minor who was released from the
hospital pursuant to subdivision (b) is terminated for any reason,
the prospective adoptive parent or parents or licensed adoption
agency shall immediately notify the county child welfare agency.
The prospective adoptive parent or parents or licensed adoption
agency may not release the minor into the physical custody of the
birth parent or parents, or any designee of the birth parent or
parents, until the county child welfare agency or local law
enforcement agency completes an investigation and determines
that release of the minor to the birth parent or parents or a designee
of the birth parent or parents will not create an immediate risk to
the health or safety of the minor.

begin insert

(d) Upon request by a parent of the minor newborn, the
appropriate hospital personnel shall complete a Health Facility
Minor Release Report and provide copies of the report to all
parties listed in subparagraph (B) of paragraph (1) of subdivision
(b). Hospital personnel shall not refuse to complete a Health
Facility Minor Release Report for any reason, even if the minor
is ineligible for release at that time.

end insert begin insert

(e) Prior to filing a petition under Section 300 regarding a
minor newborn who has not yet been discharged from the hospital,
a child welfare agency worker who investigates the safety and
well-being of the minor newborn shall allow a parent who wishes
to place the minor newborn for adoption a reasonable opportunity
to do so, at any time before the minor newborn is discharged from
the hospital. However, nothing in this section shall be construed
to prevent a child welfare agency worker from implementing
measures necessary to ensure the safety and well-being of the
minor newborn pending adoptive placement, including, but not
limited to, instructing the hospital not to discharge the minor
newborn from the hospital without approval from child welfare
agency personnel upon satisfaction of the requirements of this
section.

end insert begin delete

(d)

end delete

begin insert (f) end insert  Nothing in this section is intended to create a duty that
requires law enforcement to investigate the prospective adoptive
parent or parents.

SEC. 8.  

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

366.21.  

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

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

(c) At least 10 calendar days prior to the hearing, the social
worker shall file a supplemental report with the court regarding
the services provided or offered to the parent or legal guardian to
enable him or her to assume custody and the efforts made to
achieve legal permanence for the child if efforts to reunify fail,
including, but not limited to, efforts to maintain relationships
between a child who is 10 years of age or older and has been in
out-of-home placement for six months or longer and individuals
who are important to the child, consistent with the child’s best
begin delete interests; end delete begin insert interests, end insert the progress begin delete made; end delete begin insert made, end insert and, begin delete where end delete begin insert if end insert relevant,
the prognosis for return of the child to the physical custody of his
or her parent or legal begin delete guardian; end delete begin insert guardian, end insert and begin insert the social worker end insert
shall make his or her recommendation for disposition. If the child
is a member of a sibling group described in subparagraph (C) of
paragraph (1) of subdivision (a) of Section 361.5, the report and
recommendation may also take into account those factors described
in subdivision (e) relating to the child’s sibling group. If the
recommendation is not to return the child to a parent or legal
guardian, the report shall specify why the return of the child would
be detrimental to the child. The social worker shall provide begin delete the
parent or legal guardian, counsel for the child, end delete begin insert all parties, counsel
for all parties, end insert and any court-appointed child advocate with a copy
of the report, including his or her recommendation for disposition,
at least 10 calendar days prior to the hearing. In the case of a child
removed from the physical custody of his or her parent or legal
guardian, the social worker shall, at least 10 calendar days prior
to the hearing, provide a summary of his or her recommendation
for disposition to any foster parents, relative caregivers, and
certified foster parents who have been approved for adoption by
the State Department of Social Services when it is acting as an
adoption agency or by a county adoption agency, community care
facility, or foster family agency having the physical custody of the
child. The social worker shall include a copy of the Judicial Council
Caregiver Information Form (JV-290) with the summary of
recommendations to the child’s foster parents, relative caregivers,
or foster parents approved for adoption, in the caregiver’s primary
language when available, along with information on how to file
the form with the court.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

For

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

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

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

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

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

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

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

(4) Order that a hearing be held within 120 days, pursuant to
Section 366.26, but only if the court does not continue the case to
the permanency planning review hearing and there is clear and
convincing evidence that reasonable services have been provided
or offered to the parents or legal guardians. On and after January
1, 2012, a hearing pursuant to Section 366.26 shall not be ordered
if the child is a nonminor dependent, unless the nonminor
dependent is an Indian child and tribal customary adoption is
recommended as the permanent plan.

(5) Order that the child remain in foster care, but only if the
court finds by clear and convincing evidence, based upon the
evidence already presented to it, including a recommendation by
the State Department of Social Services when it is acting as an
adoption agency or by a county adoption agency, that there is a
compelling reason for determining that a hearing held pursuant to
Section 366.26 is not in the best interests of the child because the
child is not a proper subject for adoption and has no one willing
to accept legal guardianship as of the hearing date. For purposes
of this section, a recommendation by the State Department of
Social Services when it is acting as an adoption agency or by a
county adoption agency that adoption is not in the best interests
of the child shall constitute a compelling reason for the court’s
determination. That recommendation shall be based on the present
circumstances of the child and shall not preclude a different
recommendation at a later date if the child’s circumstances change.
On and after January 1, 2012, the nonminor dependent’s legal
status as an adult is in and of itself a compelling reason not to hold
a hearing pursuant to Section 366.26. The court may order that a
nonminor dependent who otherwise is eligible pursuant to Section
11403 remain in a planned, permanent living arrangement.

(A) The court shall make factual findings identifying any
barriers to achieving the permanent plan as of the hearing date.
When the child is under 16 years of age, the court shall order 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. When the child is
16 years of age or older, or is 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 9.  

Section 827 of the Welfare and Institutions Code is
amended to read:

827.  

(a) (1) Except as provided in Section 828, a case file
may be inspected only by the following:

(A) Court personnel.

(B) The district attorney, a city attorney, or city prosecutor
authorized to prosecute criminal or juvenile cases under state law.

(C) The minor who is the subject of the proceeding.

(D)  The minor’s parents or guardian.

(E) The attorneys for the parties, judges, referees, other hearing
officers, probation officers, and law enforcement officers who are
actively participating in criminal or juvenile proceedings involving
the minor.

(F) The county counsel, city attorney, or any other attorney
representing the petitioning agency in a dependency action.

(G) The superintendent or designee of the school district where
the minor is enrolled or attending school.

(H) Members of the child protective agencies as defined in
Section 11165.9 of the Penal Code.

(I) The State Department of Social Services, to carry out its
duties pursuant to Division 9 (commencing with Section 10000),
and Part 5 (commencing with Section 7900) of Division 12, of the
Family Code to oversee and monitor county child welfare agencies,
children in foster care or receiving foster care assistance, and
out-of-state placements, Section 10850.4, and paragraph (2).

(J) Authorized legal staff or special investigators who are peace
officers who are employed by, or who are authorized
representatives of, the State Department of Social Services, as
necessary to the performance of their duties to inspect, license,
and investigate community care facilities, and to ensure that the
standards of care and services provided in those facilities are
adequate and appropriate and to ascertain compliance with the
rules and regulations to which the facilities are subject. The
confidential information shall remain confidential except for
purposes of inspection, licensing, or investigation pursuant to
Chapter 3 (commencing with Section 1500) and Chapter 3.4
(commencing with Section 1596.70) of Division 2 of the Health
and Safety Code, or a criminal, civil, or administrative proceeding
in relation thereto. The confidential information may be used by
the State Department of Social Services in a criminal, civil, or
administrative proceeding. The confidential information shall be
available only to the judge or hearing officer and to the parties to
the case. Names that are confidential shall be listed in attachments
separate to the general pleadings. The confidential information
shall be sealed after the conclusion of the criminal, civil, or
administrative hearings, and may not subsequently be released
except in accordance with this subdivision. If the confidential
information does not result in a criminal, civil, or administrative
proceeding, it shall be sealed after the State Department of Social
Services decides that no further action will be taken in the matter
of suspected licensing violations. Except as otherwise provided in
this subdivision, confidential information in the possession of the
State Department of Social Services may not contain the name of
the minor.

(K) Members of children’s multidisciplinary teams, persons, or
agencies providing treatment or supervision of the minor.

(L) A judge, commissioner, or other hearing officer assigned
to a family law case with issues concerning custody or visitation,
or both, involving the minor, and the following persons, if actively
participating in the family law case: a family court mediator
assigned to a case involving the minor pursuant to Article 1
(commencing with Section 3160) of Chapter 11 of Part 2 of
Division 8 of the Family Code, a court-appointed evaluator or a
person conducting a court-connected child custody evaluation,
investigation, or assessment pursuant to Section 3111 or 3118 of
the Family Code, and counsel appointed for the minor in the family
law case pursuant to Section 3150 of the Family Code. Prior to
allowing counsel appointed for the minor in the family law case
to inspect the file, the court clerk may require counsel to provide
a certified copy of the court order appointing him or her as the
minor’s counsel.

(M)  begin delete A end delete begin insert When acting within the scope of investigative duties of
an active case, a statutorily authorized or end insert court-appointed
investigator who is begin insert conducting an investigation pursuant to Section
7663, 7851, or 9001 of the Family Code, or who is end insert actively
participating in a guardianship case involving a minor pursuant to
Part 2 (commencing with Section 1500) of Division 4 of the
Probate Code and acting within the scope of his or her duties in
that case.

(N) A local child support agency for the purpose of establishing
paternity and establishing and enforcing child support orders.

(O) Juvenile justice commissions as established under Section
225. The confidentiality provisions of Section 10850 shall apply
to a juvenile justice commission and its members.

begin insert

(P) A person who has been adjudicated as a de factor parent
of the minor.

end insert begin delete

(P)

end delete

begin insert (Q) end insert  Any other person who may be designated by court order of
the judge of the juvenile court upon filing a petition.

(2) (A) Notwithstanding any other law and subject to
subparagraph (A) of paragraph (3), juvenile case files, except those
relating to matters within the jurisdiction of the court pursuant to
Section 601 or 602, that pertain to a deceased child who was within
the jurisdiction of the juvenile court pursuant to Section 300, shall
be released to the public pursuant to an order by the juvenile court
after a petition has been filed and interested parties have been
afforded an opportunity to file an objection. Any information
relating to another child or which could identify another child,
except for information about the deceased, shall be redacted from
the juvenile case file prior to release, unless a specific order is
made by the juvenile court to the contrary. Except as provided in
this paragraph, the presiding judge of the juvenile court may issue
an order prohibiting or limiting access to the juvenile case file, or
any portion thereof, of a deceased child only upon a showing by
a preponderance of evidence that release of the juvenile case file
or any portion thereof is detrimental to the safety, protection, or
physical or emotional well-being of another child who is directly
or indirectly connected to the juvenile case that is the subject of
the petition.

(B) This paragraph represents a presumption in favor of the
release of documents when a child is deceased unless the statutory
reasons for confidentiality are shown to exist.

(C) If a child whose records are sought has died, and documents
are sought pursuant to this paragraph, no weighing or balancing
of the interests of those other than a child is permitted.

(D) A petition filed under this paragraph shall be served on
interested parties by the petitioner, if the petitioner is in possession
of their identity and address, and on the custodian of records. Upon
receiving a petition, the custodian of records shall serve a copy of
the request upon all interested parties that have not been served
by the petitioner or on the interested parties served by the petitioner
if the custodian of records possesses information, such as a more
recent address, indicating that the service by the petitioner may
have been ineffective.

(E) The custodian of records shall serve the petition within 10
calendar days of receipt. If any interested party, including the
custodian of records, objects to the petition, the party shall file and
serve the objection on the petitioning party no later than 15
calendar days of service of the petition.

(F) The petitioning party shall have 10 calendar days to file any
reply. The juvenile court shall set the matter for hearing no more
than 60 calendar days from the date the petition is served on the
custodian of records. The court shall render its decision within 30
days of the hearing. The matter shall be decided solely upon the
basis of the petition and supporting exhibits and declarations, if
any, the objection and any supporting exhibits or declarations, if
any, and the reply and any supporting declarations or exhibits
thereto, and argument at hearing. The court may solely upon its
own motion order the appearance of witnesses. If no objection is
filed to the petition, the court shall review the petition and issue
its decision within 10 calendar days of the final day for filing the
objection. Any order of the court shall be immediately reviewable
by petition to the appellate court for the issuance of an
extraordinary writ.

(3) Access to juvenile case files pertaining to matters within the
jurisdiction of the juvenile court pursuant to Section 300 shall be
limited as follows:

(A) If a juvenile case file, or any portion thereof, is privileged
or confidential pursuant to any other state law or federal law or
regulation, the requirements of that state law or federal law or
regulation prohibiting or limiting release of the juvenile case file
or any portions thereof shall prevail. Unless a person is listed in
subparagraphs (A) to (O), inclusive, of paragraph (1) and is entitled
to access under the other state law or federal law or regulation
without a court order, all those seeking access, pursuant to other
authorization, to portions of, or information relating to the contents
of, juvenile case files protected under another state law or federal
law or regulation, shall petition the juvenile court. The juvenile
court may only release the portion of, or information relating to
the contents of, juvenile case files protected by another state law
or federal law or regulation if disclosure is not detrimental to the
safety, protection, or physical or emotional well-being of a child
who is directly or indirectly connected to the juvenile case that is
the subject of the petition. This paragraph shall not be construed
to limit the ability of the juvenile court to carry out its duties in
conducting juvenile court proceedings.

(B) Prior to the release of the juvenile case file or any portion
thereof, the court shall afford due process, including a notice of
and an opportunity to file an objection to the release of the record
or report to all interested parties.

(4) A juvenile case file, any portion thereof, and information
relating to the content of the juvenile case file, may not be
disseminated by the receiving agencies to any persons or agencies,
other than those persons or agencies authorized to receive
documents pursuant to this section. Further, a juvenile case file,
any portion thereof, and information relating to the content of the
juvenile case file, may not be made as an attachment to any other
documents without the prior approval of the presiding judge of the
juvenile court, unless it is used in connection with and in the course
of a criminal investigation or a proceeding brought to declare a
person a dependent child or ward of the juvenile court.

(5) Individuals listed in subparagraphs (A), (B), (C), (D), (E),
(F), (H), and (I) of paragraph (1) may also receive copies of the
case file. In these circumstances, the requirements of paragraph
(4) shall continue to apply to the information received.

(b) (1) While the Legislature reaffirms its belief that juvenile
court records, in general, should be confidential, it is the intent of
the Legislature in enacting this subdivision to provide for a limited
exception to juvenile court record confidentiality to promote more
effective communication among juvenile courts, family courts,
law enforcement agencies, and schools to ensure the rehabilitation
of juvenile criminal offenders as well as to lessen the potential for
drug use, violence, other forms of delinquency, and child abuse.

(2)  begin insert (A) end insert begin insert   end insert Notwithstanding subdivision (a), written notice that a
minor enrolled in a public school, kindergarten to grade 12,
inclusive, has been found by a court of competent jurisdiction to
have committed any felony or any misdemeanor involving curfew,
gambling, alcohol, drugs, tobacco products, carrying of weapons,
a sex offense listed in Section 290 of the Penal Code, assault or
battery, larceny, vandalism, or graffiti shall be provided by the
court, within seven days, to the superintendent of the school district
of attendance. Written notice shall include only the offense found
to have been committed by the minor and the disposition of the
minor’s case. This notice shall be expeditiously transmitted by the
district superintendent to the principal at the school of attendance.
The principal shall expeditiously disseminate the information to
those counselors directly supervising or reporting on the behavior
or progress of the minor. In addition, the principal shall disseminate
the information to any teacher or administrator directly supervising
or reporting on the behavior or progress of the minor whom the
principal believes needs the information to work with the pupil in
an appropriate fashion, to avoid being needlessly vulnerable or to
protect other persons from needless vulnerability.

begin delete

Any

end delete

begin insert (B) end insert begin insert   end insert begin insert Any end insert information received by a teacher, counselor, or
administrator under this subdivision shall be received in confidence
for the limited purpose of rehabilitating the minor and protecting
students and staff, and shall not be further disseminated by the
teacher, counselor, or administrator, except insofar as
communication with the juvenile, his or her parents or guardians,
law enforcement personnel, and the juvenile’s probation officer
is necessary to effectuate the juvenile’s rehabilitation or to protect
students and staff.

begin delete

An

end delete

begin insert (C) end insert begin insert   end insert begin insert An end insert intentional violation of the confidentiality provisions of
this paragraph is a misdemeanor punishable by a fine not to exceed
five hundred dollars ($500).

(3) If a minor is removed from public school as a result of the
court’s finding described in subdivision (b), the superintendent
shall maintain the information in a confidential file and shall defer
transmittal of the information received from the court until the
minor is returned to public school. If the minor is returned to a
school district other than the one from which the minor came, the
parole or probation officer having jurisdiction over the minor shall
so notify the superintendent of the last district of attendance, who
shall transmit the notice received from the court to the
superintendent of the new district of attendance.

(c) Each probation report filed with the court concerning a minor
whose record is subject to dissemination pursuant to subdivision
(b) shall include on the face sheet the school at which the minor
is currently enrolled. The county superintendent shall provide the
court with a listing of all of the schools within each school district,
within the county, along with the name and mailing address of
each district superintendent.

(d) (1) Each notice sent by the court pursuant to subdivision
(b) shall be stamped with the instruction: “Unlawful Dissemination
Of This Information Is A Misdemeanor.” Any information received
from the court shall be kept in a separate confidential file at the
school of attendance and shall be transferred to the minor’s
subsequent schools of attendance and maintained until the minor
graduates from high school, is released from juvenile court
jurisdiction, or reaches the age of 18 years, whichever occurs first.
After that time the confidential record shall be destroyed. At any
time after the date by which a record required to be destroyed by
this section should have been destroyed, the minor or his or her
parent or guardian shall have the right to make a written request
to the principal of the school that the minor’s school records be
reviewed to ensure that the record has been destroyed. Upon
completion of any requested review and no later than 30 days after
the request for the review was received, the principal or his or her
designee shall respond in writing to the written request and either
shall confirm that the record has been destroyed or, if the record
has not been destroyed, shall explain why destruction has not yet
occurred.

(2) Except as provided in paragraph (2) of subdivision (b), no
liability shall attach to any person who transmits or fails to transmit
any notice or information required under subdivision (b).

(e) For purposes of this section, a “juvenile case file” means a
petition filed in any juvenile court proceeding, reports of the
probation officer, and all other documents filed in that case or
made available to the probation officer in making his or her report,
or to the judge, referee, or other hearing officer, and thereafter
retained by the probation officer, judge, referee, or other hearing
officer.

(f) The persons described in subparagraphs (A), (E), (F), (H),
(K), (L), (M), and (N) of paragraph (1) of subdivision (a) include
persons serving in a similar capacity for an Indian tribe, reservation,
or tribal court when the case file involves a child who is a member
of, or who is eligible for membership in, that tribe.

SEC. 10.  

If the Commission on State Mandates determines
that this act contains costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.