Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2872


Introduced by Assembly Member Patterson

February 19, 2016


An act to amendbegin delete Sections 7660.5, 7662, 7666, 7667, 8619, andend deletebegin insert Sectionend insert 9001 of thebegin delete Health and Safetyend deletebegin insert Familyend insert Code, and to amend Sectionsbegin delete 305.6, 366.21,end deletebegin insert 305.6end insert and 827 of the Welfare and Institutions Code, relating to children.

LEGISLATIVE COUNSEL’S DIGEST

AB 2872, as amended, Patterson. Children.

begin delete

(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.

end delete
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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.

end delete
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(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.

end delete
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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.

end delete
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(3)

end delete

begin insert(1)end insert 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 wouldbegin delete 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 wouldend delete require the appropriate hospital personnel to complete a Health Facility Minor Release Report and provide copies to specified parties upon request by a parent.begin delete 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.end delete

begin delete

(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.

end delete
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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.

end delete
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(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.

end delete
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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.

end delete
begin insert

(2) Existing law authorizes specified persons to inspect a juvenile case file, including a court-appointed investigator who is actively participating in a guardianship case involving a minor, as specified, and acting within the scope of his or her duties in that case.

end insert
begin insert

This bill would additionally permit a statutorily authorized or court-appointed investigator who is conducting specified investigations relating to children, including stepparent adoptions, to inspect a juvenile case file.

end insert

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

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

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P3    1

SECTION 1.  

Section 7660.5 of the Family Code is amended
2to read:

3

7660.5.  

Notwithstanding any other law, a presumed father may
4deny paternity or waive the right to notice of any adoption
5proceeding by executing a form developed by the department
6before an authorized representative of the department, an authorized
7representative of a licensed public or private adoption agency, or
8a notary public or other person authorized to perform notarial acts.
9The denial of paternity or waiver of notice form may be validly
10executed before or after the birth of the child, and once signed, no
11notice of, relinquishment for, or consent to, adoption of the child
12shall be required from the father for the adoption to proceed. This
13shall be a voluntary and informed denial or waiver without undue
14influence. If the child is an Indian child as defined under the Indian
15Child Welfare Act (ICWA), any waiver of consent by an Indian
16presumed father shall be executed in accordance with the
17requirements for voluntary adoptions set forth in Section 1913 of
18Title 25 of the United States Code. The waiver shall not affect the
19rights of any known federally recognized Indian tribe or tribes
20from which the child or the presumed father may be descended to
21notification of, or participation in, adoption proceedings as
22provided by the ICWA. Notice that the waiver has been executed
23shall be given to any known federally recognized Indian tribe or
P4    1tribes from which the child or the presumed father may be
2descended, as required by the ICWA.

3

SEC. 2.  

Section 7662 of the Family Code is amended to read:

4

7662.  

(a) If a mother relinquishes for or consents to, or
5proposes to relinquish for or consent to, the adoption of a child,
6or if a child otherwise becomes the subject of an adoption
7proceeding, the agency or person to whom the child has been or
8is to be relinquished, or the mother or the person having physical
9or legal custody of the child, or the prospective adoptive parent,
10shall file a petition to terminate the parental rights of the alleged
11father, unless notice to the alleged father of an action would not
12be required pursuant to subdivision (b) of Section 7666.

13(b) The alleged father may validly execute a waiver or denial
14of paternity before or after the birth of the child, and, once signed,
15no notice of, relinquishment for, or consent to, adoption of the
16child shall be required from the alleged father for the adoption to
17proceed.

18(c) Except as provided in this subdivision and subdivision (d),
19all proceedings affecting a child, including proceedings under
20Divisions 8 (commencing with Section 3000) to 11 (commencing
21with Section 6500), inclusive, Part 1 (commencing with Section
227500) to Part 3 (commencing with Section 7600), inclusive, of this
23division, and Part 1 (commencing with Section 1400), Part 2
24(commencing with Section 1500), and Part 4 (commencing with
25Section 2100) of Division 4 of the Probate Code, and any motion
26or petition for custody or visitation filed in a proceeding under this
27part, shall be stayed. The petition to terminate parental rights under
28this section is the only matter that may be heard during the stay
29until the court issues a final ruling on the petition.

30(d) This section does not limit the jurisdiction of the court
31pursuant to Part 3 (commencing with Section 6240) and Part 4
32(commencing with Section 6300) of Division 10 with respect to
33domestic violence orders, or pursuant to Article 6 (commencing
34with Section 300) of Chapter 2 of Part 1 of Division 2 of the
35Welfare and Institutions Code with respect to dependency
36proceedings.

37

SEC. 3.  

Section 7666 of the Family Code is amended to read:

38

7666.  

(a) Except as provided in subdivision (b), notice of the
39proceeding shall be given to every person identified as the
40biological father or a possible biological father in accordance with
P5    1the Code of Civil Procedure for the service of process in a civil
2action in this state at least 10 days before the date of the
3proceeding, except that publication or posting of the notice of the
4proceeding is not required, and service on the parent or guardian
5of a biological father or possible biological father who is a minor
6is not required unless the minor has previously provided written
7authorization to serve his or her parent or guardian. Proof of giving
8the notice shall be filed with the court before the petition is heard.

9(b) Notice to a man identified as or alleged to be the biological
10father shall not be required, and the court shall issue an order
11dispensing with notice to him, under any of the following
12circumstances:

13(1) The relationship to the child has been previously terminated
14or determined not to exist by a court.

15(2) The alleged father has executed a written form to waive
16notice, deny his paternity, relinquish the child for adoption, or
17consent to the adoption of the child.

18(3) The whereabouts or identity of the alleged father are
19unknown or cannot be ascertained.

20(4) The alleged father has been served with written notice of
21his alleged paternity and the proposed adoption, and he has failed
22to file and personally serve notice of action pursuant to Section
237630 within 30 days of service of the notice or the birth of the
24child, whichever is later.

25(5) The child was conceived as a result of an act in violation of
26Section 261 of the Penal Code, and the father was convicted of
27that violation.

28

SEC. 4.  

Section 7667 of the Family Code is amended to read:

29

7667.  

(a) Notwithstanding any other law, an action to terminate
30the parental rights of an alleged father of a child as specified in
31this part shall be set for hearing not more than 45 days after filing
32of the petition, except as provided in subdivision (c).

33(b) The matter that is set shall have precedence over all other
34civil matters on the date set for trial, except an action to terminate
35parental rights pursuant to Part 4 (commencing with Section 7800).

36(c) (1) The court may dispense with a hearing and issue an ex
37parte order terminating parental rights if the identity or whereabouts
38of the alleged father are unknown.

39(2) The court shall dispense with a hearing and issue an ex parte
40order terminating parental rights in any of the following cases:

P6    1(A) The court has dispensed with notice to all possible fathers
2under subdivision (b) of Section 7666.

3(B) The alleged father has validly executed a waiver of the right
4to notice or a denial of paternity.

5(C) The alleged father has failed to file and personally serve
6notice of action pursuant to Section 7630 within 30 days of being
7served with written notice of his alleged paternity and the proposed
8adoption, or within 30 days of the birth of the child, whichever is
9later.

10

SEC. 5.  

Section 8619 of the Family Code is amended to read:

11

8619.  

(a) The department shall adopt rules and regulations it
12determines are reasonably necessary to ensure that the birth parent
13or parents of Indian ancestry, seeking to relinquish a child for
14adoption, provide sufficient information to the department, county
15adoption agency, or licensed adoption agency so that a certificate
16of degree of Indian blood can be obtained from the Bureau of
17Indian Affairs. The department shall immediately request a
18certificate of degree of Indian blood from the Bureau of Indian
19Affairs upon obtaining the information. A copy of all documents
20pertaining to the degree of Indian blood and tribal enrollment,
21including a copy of the certificate of degree of Indian blood, shall
22become a permanent record in the adoption files and shall be
23housed in a central location and made available to authorized
24personnel from the Bureau of Indian Affairs when required to
25determine the adopted person’s eligibility to receive services or
26benefits because of the adopted person’s status as an Indian. This
27information shall be made available to the adopted person upon
28reaching the age of majority.

29(b) A parent desiring to relinquish a child to an adoption agency
30pending determination of whether the child is an Indian child shall
31do either of the following:

32(1) Complete the relinquishment procedure for an Indian child
33as set forth in Section 8606.5 after the agency has provided all
34notices required by Section 8620.

35(2) Complete the relinquishment procedure set forth in Section
368700 for a non-Indian child, and place a hold on the relinquishment
37until the agency accepting the relinquishment has confirmed that
38the child is not an Indian child, at which time the agency shall file
39the relinquishment with the department. However, if the child is
40confirmed to be an Indian child, the agency shall void the
P7    1relinquishment, provide notice to the parent, and inform the parent
2that if he or she still wishes to relinquish the child, the parties shall
3comply with all requirements for relinquishment of an Indian child.

end delete
4

begin deleteSEC. 6.end delete
5
begin insertSECTION 1.end insert  

Section 9001 of the Family Code is amended to
6read:

7

9001.  

(a) Except as provided in Section 9000.5, before granting
8or denying a stepparent adoption request, the court shall review
9and consider a written investigative report.begin delete The report shall include
10the results of fingerprint clearance or CLETS report for the
11petitioner.end delete
The report in a stepparent adoption case shall not require
12a home study unless so ordered by the court upon request of an
13investigator or interested person, or on the court’s own motion.
14“Home study” as used in this section means a physical investigation
15of the premises where the child is residing.

16(b) At the time of filing the adoption request, the petitioner shall
17inform the court in writing if the petitioner is electing to have the
18investigation and written report completed by a licensed clinical
19social worker, a licensed marriage and family therapist, or a private
20licensed adoption agency, in which cases the petitioner shall not
21be required to pay any investigation fee pursuant to Section 9002
22at the time of filing, but shall pay these fees directly to the
23investigator. Absent that notification, the court may, at the time
24of filing, collect an investigation fee pursuant to Section 9002, and
25may assign one of the following to complete the investigation: a
26probation officer, a qualified court investigator, or the county
27welfare department, if so authorized by the board of supervisors
28of the county where the action is pending.

29(c) If a private licensed adoption agency conducts the
30investigation, it shall assign the investigation to a licensed clinical
31social worker or licensed marriage and family therapist associated
32with the agency. Any grievance regarding the investigation shall
33be directed to the licensing authority of the clinical social worker
34or marriage and family therapist, as applicable.

35(d) Nothing in this section shall be construed to require the State
36Department of Social Services to issue regulations for stepparent
37adoptions.

38

begin deleteSEC. 7.end delete
39
begin insertSEC. 2.end insert  

Section 305.6 of the Welfare and Institutions Code is
40amended to read:

P8    1

305.6.  

(a) Any peace officerbegin delete or child welfare agency workerend delete
2 may, without a warrant, take into temporary custody a minor who
3is in a hospital if the release of the minor to a prospective adoptive
4parent or a representative of a licensed adoption agency poses an
5immediate danger to the minor’s health or safety.

6(b) begin delete(1)end deletebegin deleteend deleteNotwithstanding subdivision (a) and Section 305, a
7peace officerbegin delete or a child welfare agency workerend delete shall not, without
8a warrant, take into temporary custody a minor who is in a hospital
9if all of the following conditionsbegin delete exist at any time before the
10minor’s discharge from the hospital or prior to the filing of a
11petition pursuant to Section 300, whichever is later:end delete
begin insert exist:end insert

begin delete

12(A)

end delete

13begin insert(1)end insert The minor is a newborn whobegin delete is or may be described by
14Section 300.end delete
begin insert tested positive for illegal drugs or whose birth mother
15tested positive for illegal drugs.end insert

begin delete

16(B)

end delete

17begin insert(2)end insertbegin insert(A)end insertbegin insertend insertThe minor is the subject of a proposed adoption and a
18Health Facility Minor Release Report, developed by the
19department, has been completed by the hospital, including the
20marking of the boxes applicable to an independent adoption or
21agency adoption planning, and signed by the placing birth parent
22or birth parents, as well as either the prospective adoptive parent
23or parents or an authorized representative of a licensed adoption
24agency, prior to the discharge of the birth parent or the minor from
25the hospital.begin insert Prior to signing the Health Facility Minor Release
26Report, the birth parent or parents shall be given a notice written
27in at least 14-point pica type, containing substantially all of the
28following statements:end insert

begin insert

29
(i) That the Health Facility Minor Release Report does not
30constitute consent to adoption of the minor by the prospective
31adoptive parent or parents, or any other person.

end insert
begin insert

32
(ii) That the Health Facility Minor Release Report does not
33constitute a relinquishment of parental rights for the purposes of
34 adoption.

end insert
begin insert

35
(iii) That the birth parent or parents or any person authorized
36by the birth parent or parents may reclaim the minor at any time
37from the prospective adoptive parent or parents or any other
38person to whom the minor was released by the hospital, as provided
39in Section 8700, 8814.5, or 8815 of the Family Code.

end insert
begin insert

P9    1
(B) The notice shall be signed by the birth parent or parents
2and attached to the Health Facility Minor Release Report, a copy
3of which shall be provided to the birth parent or parents by hospital
4personnel at the time the form is completed.

end insert
begin delete

5(C)

end delete

6begin insert(3)end insert The release of the minor to a prospective adoptive parent or
7parents or an authorized representative of a licensed adoption
8agency does not pose an immediate danger to the minor.

begin delete

9(D)

end delete

10begin insert(4)end insert An attorney or an adoption agency has provided
11documentation stating that he or she, or the agency, is representing
12the prospective adoptive parent or parents for purposes of the
13adoption. In the case of an independent adoption, as defined in
14Section 8524 of the Family Code, the attorney or adoption agency
15shall provide documentation stating that the prospective adoptive
16parent or parents have been informed that the child may be eligible
17for benefits provided pursuant to the Adoption Assistance Program,
18as set forth in Chapter 2.1 (commencing with Section 16115) of
19Part 4 of Division 9, only if, at the time the adoption request is
20filed, the child has met the requirements to receive federal
21supplemental security income benefits pursuant to Subchapter XVI
22(commencing with Section 1381) of Chapter 7 of Title 42 of the
23United States Code, as determined and documented by the federal
24Social Security Administration.

begin delete

25(E)

end delete

26begin insert(5)end insert The prospective adoptive parent or parents or their
27representative, or an authorized representative of a licensed
28adoption agency, provides all of the followingbegin delete within a reasonable
29timeframeend delete
to the peace officerbegin delete or child welfare agency workerend delete who
30seeks to take the minor into temporary custody:

begin delete

31(i)

end delete

32begin insert(A)end insert A fully executed copy of the Health Facility Minor Release
33Report.

begin delete

34(ii)

end delete

35begin insert(B)end insert A written form signed by either the prospective adoptive
36parent or parents or a representative of the licensed adoption
37agency, which shall include all of the following:

begin delete

38(I)

end delete

39begin insert(i)end insert A statement that the minor is the subject of a proposed
40adoption.

begin delete

P10   1(II)

end delete

2begin insert(ii)end insert A declaration that the signer or signers will immediately
3notify the county child welfare agency pursuant to Section 11165.9
4of the Penal Code if the adoption plan is terminated for any reason,
5and will not release the minor to the birth parent or parents or any
6designee of the birth parent or parents until the county child welfare
7agency or local law enforcement agency completes an investigation
8and determines that release of the minor to the birth parent or
9parents or a designee of the birth parent or parents will not create
10an immediate risk to the health or safety of the minor.

begin delete

11(III)

end delete

12begin insert(iii)end insert An agreement to provide a conformed copy of the adoption
13request or guardianship petition to the county child welfare agency
14within five business days after filing.

begin delete

15(IV)

end delete

16begin insert(iv)end insert The names, identifying information, and contact information
17for the minor, for each prospective adoptive parent, and for each
18birth parent, to the extent that information is known. In the case
19of an agency adoption where no prospective adoptive parent or
20parents are identified at the time of the minor’s release from the
21hospital, the licensed adoption agency may provide the information
22as it pertains to the licensed or certified foster home into which
23the agency intends to place the minor.

24(c) (1) In every independent adoption proceeding under this
25section, the prospective adoptive parent or parents shall file with
26the court either an adoption request within 10 working days after
27execution of an adoption placement agreement, or a guardianship
28petition within 30 calendar days after the child’s discharge from
29the hospital, whichever is earlier.

30(2) If the adoption plan for a minor who was released from the
31hospital pursuant to subdivision (b) is terminated for any reason,
32the prospective adoptive parent or parents or licensed adoption
33agency shall immediately notify the county child welfare agency.
34The prospective adoptive parent or parents or licensed adoption
35agency may not release the minor into the physical custody of the
36birth parent or parents, or any designee of the birth parent or
37parents, until the county child welfare agency or local law
38enforcement agency completes an investigation and determines
39that release of the minor to the birth parent or parents or a designee
P11   1of the birth parent or parents will not create an immediate risk to
2the health or safety of the minor.

3(d) Upon request by a parent of the minor newborn, the
4 appropriate hospital personnel shall complete a Health Facility
5Minor Release Report and provide copies of the report to all parties
6listed in subparagraph (B) of paragraph (1) of subdivision (b).
7Hospital personnel shall not refuse to complete a Health Facility
8Minor Release Report for any reason, even if the minor is ineligible
9for release at that time.

begin delete

10(e) Prior to filing a petition under Section 300 regarding a minor
11newborn who has not yet been discharged from the hospital, a
12child welfare agency worker who investigates the safety and
13well-being of the minor newborn shall allow a parent who wishes
14to place the minor newborn for adoption a reasonable opportunity
15to do so, at any time before the minor newborn is discharged from
16 the hospital. However, nothing in this section shall be construed
17to prevent a child welfare agency worker from implementing
18measures necessary to ensure the safety and well-being of the
19minor newborn pending adoptive placement, including, but not
20limited to, instructing the hospital not to discharge the minor
21newborn from the hospital without approval from child welfare
22agency personnel upon satisfaction of the requirements of this
23section.

end delete
begin delete

5 24(f)

end delete

25begin insert(e)end insert Nothing in this section is intended to create a duty that
26requires law enforcement to investigate the prospective adoptive
27parent or parents.

begin delete
28

SEC. 8.  

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

30

366.21.  

(a) Every hearing conducted by the juvenile court
31reviewing the status of a dependent child shall be placed on the
32appearance calendar. The court shall advise all persons present at
33the hearing of the date of the future hearing and of their right to
34be present and represented by counsel.

35(b) Except as provided in Sections 294 and 295, notice of the
36hearing shall be provided pursuant to Section 293.

37(c) At least 10 calendar days prior to the hearing, the social
38worker shall file a supplemental report with the court regarding
39the services provided or offered to the parent or legal guardian to
40enable him or her to assume custody and the efforts made to
P12   1achieve legal permanence for the child if efforts to reunify fail,
2including, but not limited to, efforts to maintain relationships
3between a child who is 10 years of age or older and has been in
4out-of-home placement for six months or longer and individuals
5who are important to the child, consistent with the child’s best
6interests, the progress made, and, if relevant, the prognosis for
7return of the child to the physical custody of his or her parent or
8legal guardian, and the social worker shall make his or her
9recommendation for disposition. If the child is a member of a
10sibling group described in subparagraph (C) of paragraph (1) of
11subdivision (a) of Section 361.5, the report and recommendation
12may also take into account those factors described in subdivision
13(e) relating to the child’s sibling group. If the recommendation is
14not to return the child to a parent or legal guardian, the report shall
15specify why the return of the child would be detrimental to the
16child. The social worker shall provide all parties, counsel for all
17parties, and any court-appointed child advocate with a copy of the
18report, including his or her recommendation for disposition, at
19least 10 calendar days prior to the hearing. In the case of a child
20removed from the physical custody of his or her parent or legal
21guardian, the social worker shall, at least 10 calendar days prior
22to the hearing, provide a summary of his or her recommendation
23for disposition to any foster parents, relative caregivers, and
24certified foster parents who have been approved for adoption by
25the State Department of Social Services when it is acting as an
26adoption agency or by a county adoption agency, community care
27facility, or foster family agency having the physical custody of the
28child. The social worker shall include a copy of the Judicial Council
29Caregiver Information Form (JV-290) with the summary of
30recommendations to the child’s foster parents, relative caregivers,
31or foster parents approved for adoption, in the caregiver’s primary
32language when available, along with information on how to file
33the form with the court.

34(d) Prior to any hearing involving a child in the physical custody
35of a community care facility or a foster family agency that may
36result in the return of the child to the physical custody of his or
37her parent or legal guardian, or in adoption or the creation of a
38legal guardianship, or in the case of an Indian child, in consultation
39with the child’s tribe, tribal customary adoption, the facility or
40agency shall file with the court a report, or a Judicial Council
P13   1Caregiver Information Form (JV-290), containing its
2recommendation for disposition. Prior to the hearing involving a
3child in the physical custody of a foster parent, a relative caregiver,
4or a certified foster parent who has been approved for adoption by
5the State Department of Social Services when it is acting as an
6adoption agency or by a county adoption agency, the foster parent,
7relative caregiver, or the certified foster parent who has been
8approved for adoption by the State Department of Social Services
9when it is acting as an adoption agency or by a county adoption
10agency, may file with the court a report containing his or her
11recommendation for disposition. The court shall consider the report
12and recommendation filed pursuant to this subdivision prior to
13determining any disposition.

14(e) (1) At the review hearing held six months after the initial
15dispositional hearing, but no later than 12 months after the date
16the child entered foster care as determined in Section 361.49,
17whichever occurs earlier, after considering the admissible and
18relevant evidence, the court shall order the return of the child to
19the physical custody of his or her parent or legal guardian unless
20the court finds, by a preponderance of the evidence, that the return
21of the child to his or her parent or legal guardian would create a
22substantial risk of detriment to the safety, protection, or physical
23 or emotional well-being of the child. The social worker shall have
24the burden of establishing that detriment. At the hearing, the court
25shall consider the criminal history, obtained pursuant to paragraph
26(1) of subdivision (f) of Section 16504.5, of the parent or legal
27guardian subsequent to the child’s removal to the extent that the
28criminal record is substantially related to the welfare of the child
29or the parent’s or guardian’s ability to exercise custody and control
30regarding his or her child, provided the parent or legal guardian
31agreed to submit fingerprint images to obtain criminal history
32information as part of the case plan. The court shall also consider
33whether the child can be returned to the custody of his or her parent
34who is enrolled in a certified substance abuse treatment facility
35that allows a dependent child to reside with his or her parent. The
36fact that the parent is enrolled in a certified substance abuse
37treatment facility shall not be, for that reason alone, prima facie
38evidence of detriment. The failure of the parent or legal guardian
39to participate regularly and make substantive progress in
40court-ordered treatment programs shall be prima facie evidence
P14   1that return would be detrimental. In making its determination, the
2court shall review and consider the social worker’s report and
3recommendations and the report and recommendations of any child
4advocate appointed pursuant to Section 356.5; and shall consider
5the efforts or progress, or both, demonstrated by the parent or legal
6guardian and the extent to which he or she availed himself or
7herself of services provided, taking into account the particular
8barriers to a minor parent or a nonminor dependent parent, or an
9incarcerated, institutionalized, detained, or deported parent’s or
10legal guardian’s access to those court-mandated services and ability
11to maintain contact with his or her child.

12(2) Regardless of whether the child is returned to a parent or
13legal guardian, the court shall specify the factual basis for its
14conclusion that the return would be detrimental or would not be
15detrimental. The court also shall make appropriate findings
16pursuant to subdivision (a) of Section 366; and, where relevant,
17shall order any additional services reasonably believed to facilitate
18the return of the child to the custody of his or her parent or legal
19guardian. The court shall also inform the parent or legal guardian
20that if the child cannot be returned home by the 12-month
21permanency hearing, a proceeding pursuant to Section 366.26 may
22be instituted. This section does not apply in a case where, pursuant
23to Section 361.5, the court has ordered that reunification services
24shall not be provided.

25(3) If the child was under three years of age on the date of the
26initial removal, or is a member of a sibling group described in
27subparagraph (C) of paragraph (1) of subdivision (a) of Section
28361.5, and the court finds by clear and convincing evidence that
29 the parent failed to participate regularly and make substantive
30progress in a court-ordered treatment plan, the court may schedule
31a hearing pursuant to Section 366.26 within 120 days. If, however,
32the court finds there is a substantial probability that the child, who
33was under three years of age on the date of initial removal or is a
34member of a sibling group described in subparagraph (C) of
35paragraph (1) of subdivision (a) of Section 361.5, may be returned
36to his or her parent or legal guardian within six months or that
37reasonable services have not been provided, the court shall continue
38the case to the 12-month permanency hearing.

39(4) For the purpose of placing and maintaining a sibling group
40together in a permanent home, the court, in making its
P15   1determination to schedule a hearing pursuant to Section 366.26
2for some or all members of a sibling group, as described in
3subparagraph (C) of paragraph (1) of subdivision (a) of Section
4361.5, shall review and consider the social worker’s report and
5recommendations. Factors the report shall address, and the court
6shall consider, may include, but need not be limited to, whether
7the sibling group was removed from parental care as a group, the
8closeness and strength of the sibling bond, the ages of the siblings,
9the appropriateness of maintaining the sibling group together, the
10detriment to the child if sibling ties are not maintained, the
11likelihood of finding a permanent home for the sibling group,
12whether the sibling group is currently placed together in a
13preadoptive home or has a concurrent plan goal of legal
14permanency in the same home, the wishes of each child whose
15age and physical and emotional condition permits a meaningful
16response, and the best interests of each child in the sibling group.
17The court shall specify the factual basis for its finding that it is in
18the best interests of each child to schedule a hearing pursuant to
19Section 366.26 within 120 days for some or all of the members of
20the sibling group.

21(5) If the child was removed initially under subdivision (g) of
22Section 300 and the court finds by clear and convincing evidence
23that the whereabouts of the parent are still unknown, or the parent
24has failed to contact and visit the child, the court may schedule a
25hearing pursuant to Section 366.26 within 120 days. The court
26shall take into account any particular barriers to a parent’s ability
27to maintain contact with his or her child due to the parent’s
28incarceration, institutionalization, detention by the United States
29Department of Homeland Security, or deportation. If the court
30finds by clear and convincing evidence that the parent has been
31convicted of a felony indicating parental unfitness, the court may
32schedule a hearing pursuant to Section 366.26 within 120 days.

33(6) If the child had been placed under court supervision with a
34previously noncustodial parent pursuant to Section 361.2, the court
35shall determine whether supervision is still necessary. The court
36may terminate supervision and transfer permanent custody to that
37parent, as provided for by paragraph (1) of subdivision (b) of
38Section 361.2.

39(7) In all other cases, the court shall direct that any reunification
40services previously ordered shall continue to be offered to the
P16   1parent or legal guardian pursuant to the time periods set forth in
2subdivision (a) of Section 361.5, provided that the court may
3modify the terms and conditions of those services.

4(8) If the child is not returned to his or her parent or legal
5guardian, the court shall determine whether reasonable services
6that were designed to aid the parent or legal guardian in
7overcoming the problems that led to the initial removal and the
8continued custody of the child have been provided or offered to
9the parent or legal guardian. The court shall order that those
10services be initiated, continued, or terminated.

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

25(A) At the permanency hearing, the court shall consider the
26criminal history, obtained pursuant to paragraph (1) of subdivision
27(f) of Section 16504.5, of the parent or legal guardian subsequent
28to the child’s removal to the extent that the criminal record is
29substantially related to the welfare of the child or the parent’s or
30legal guardian’s ability to exercise custody and control regarding
31his or her child, provided that the parent or legal guardian agreed
32to submit fingerprint images to obtain criminal history information
33as part of the case plan. The court shall also determine whether
34reasonable services that were designed to aid the parent or legal
35guardian to overcome the problems that led to the initial removal
36and continued custody of the child have been provided or offered
37to the parent or legal guardian.

38(B) The court shall also consider whether the child can be
39returned to the custody of his or her parent who is enrolled in a
40certified substance abuse treatment facility that allows a dependent
P17   1child to reside with his or her parent. The fact that the parent is
2enrolled in a certified substance abuse treatment facility shall not
3be, for that reason alone, prima facie evidence of detriment. The
4failure of the parent or legal guardian to participate regularly and
5make substantive progress in court-ordered treatment programs
6shall be prima facie evidence that return would be detrimental.

7(C) In making its determination, the court shall review and
8consider the social worker’s report and recommendations and the
9report and recommendations of any child advocate appointed
10pursuant to Section 356.5, shall consider the efforts or progress,
11or both, demonstrated by the parent or legal guardian and the extent
12to which he or she availed himself or herself of services provided,
13taking into account the particular barriers to a minor parent or a
14nonminor dependent parent, or an incarcerated, institutionalized,
15detained, or deported parent’s or legal guardian’s access to those
16court-mandated services and ability to maintain contact with his
17or her child, and shall make appropriate findings pursuant to
18subdivision (a) of Section 366.

19(D) For each youth 16 years of age and older, the court shall
20also determine whether services have been made available to assist
21him or her in making the transition from foster care to successful
22adulthood.

23(2) Regardless of whether the child is returned to his or her
24parent or legal guardian, the court shall specify the factual basis
25for its decision. If the child is not returned to a parent or legal
26guardian, the court shall specify the factual basis for its conclusion
27that the return would be detrimental. The court also shall make a
28finding pursuant to subdivision (a) of Section 366. If the child is
29not returned to his or her parent or legal guardian, the court shall
30consider, and state for the record, in-state and out-of-state
31placement options. If the child is placed out of the state, the court
32shall make a determination whether the out-of-state placement
33continues to be appropriate and in the best interests of the child.

34(g) If the time period in which the court-ordered services were
35provided has met or exceeded the time period set forth in
36subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a)
37of Section 361.5, as appropriate, and a child is not returned to the
38custody of a parent or legal guardian at the permanency hearing
39held pursuant to subdivision (f), the court shall do one of the
40following:

P18   1(1) Continue the case for up to six months for a permanency
2review hearing, provided that the hearing shall occur within 18
3months of the date the child was originally taken from the physical
4custody of his or her parent or legal guardian. The court shall
5 continue the case only if it finds that there is a substantial
6probability that the child will be returned to the physical custody
7of his or her parent or legal guardian and safely maintained in the
8home within the extended period of time or that reasonable services
9have not been provided to the parent or legal guardian. For the
10purposes of this section, in order to find a substantial probability
11that the child will be returned to the physical custody of his or her
12parent or legal guardian and safely maintained in the home within
13the extended period of time, the court shall be required to find all
14of the following:

15(A) That the parent or legal guardian has consistently and
16regularly contacted and visited with the child.

17(B) That the parent or legal guardian has made significant
18progress in resolving problems that led to the child’s removal from
19the home.

20(C) The parent or legal guardian has demonstrated the capacity
21and ability both to complete the objectives of his or her treatment
22plan and to provide for the child’s safety, protection, physical and
23emotional well-being, and special needs.

24For

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

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

38(2) Continue the case for up to six months for a permanency
39review hearing, provided that the hearing shall occur within 18
40months of the date the child was originally taken from the physical
P19   1custody of his or her parent or legal guardian, if the parent has
2been arrested and issued an immigration hold, detained by the
3United States Department of Homeland Security, or deported to
4his or her country of origin, and the court determines either that
5there is a substantial probability that the child will be returned to
6the physical custody of his or her parent or legal guardian and
7safely maintained in the home within the extended period of time
8or that reasonable services have not been provided to the parent
9or legal guardian.

10(3) For purposes of paragraph (2), in order to find a substantial
11probability that the child will be returned to the physical custody
12of his or her parent or legal guardian and safely maintained in the
13home within the extended period of time, the court shall find all
14of the following:

15(A) The parent or legal guardian has consistently and regularly
16contacted and visited with the child, taking into account any
17particular barriers to a parent’s ability to maintain contact with his
18or her child due to the parent’s arrest and receipt of an immigration
19hold, detention by the United States Department of Homeland
20Security, or deportation.

21(B) The parent or legal guardian has made significant progress
22in resolving the problems that led to the child’s removal from the
23home.

24(C) The parent or legal guardian has demonstrated the capacity
25or ability both to complete the objectives of his or her treatment
26plan and to provide for the child’s safety, protection, physical and
27emotional well-being, and special needs.

28(4) Order that a hearing be held within 120 days, pursuant to
29Section 366.26, but only if the court does not continue the case to
30the permanency planning review hearing and there is clear and
31convincing evidence that reasonable services have been provided
32or offered to the parents or legal guardians. On and after January
331, 2012, a hearing pursuant to Section 366.26 shall not be ordered
34if the child is a nonminor dependent, unless the nonminor
35dependent is an Indian child and tribal customary adoption is
36recommended as the permanent plan.

37(5) Order that the child remain in foster care, but only if the
38court finds by clear and convincing evidence, based upon the
39evidence already presented to it, including a recommendation by
40the State Department of Social Services when it is acting as an
P20   1adoption agency or by a county adoption agency, that there is a
2compelling reason for determining that a hearing held pursuant to
3Section 366.26 is not in the best interests of the child because the
4child is not a proper subject for adoption and has no one willing
5to accept legal guardianship as of the hearing date. For purposes
6of this section, a recommendation by the State Department of
7Social Services when it is acting as an adoption agency or by a
8county adoption agency that adoption is not in the best interests
9of the child shall constitute a compelling reason for the court’s
10determination. That recommendation shall be based on the present
11 circumstances of the child and shall not preclude a different
12recommendation at a later date if the child’s circumstances change.
13On and after January 1, 2012, the nonminor dependent’s legal
14status as an adult is in and of itself a compelling reason not to hold
15a hearing pursuant to Section 366.26. The court may order that a
16nonminor dependent who otherwise is eligible pursuant to Section
1711403 remain in a planned, permanent living arrangement.

18(A) The court shall make factual findings identifying any
19barriers to achieving the permanent plan as of the hearing date.
20When the child is under 16 years of age, the court shall order a
21permanent plan of return home, adoption, tribal customary adoption
22in the case of an Indian child, legal guardianship, or placement
23with a fit and willing relative, as appropriate. When the child is
2416 years of age or older, or is a nonminor dependent, and no other
25permanent plan is appropriate at the time of the hearing, the court
26may order another planned permanent living arrangement, as
27described in paragraph (2) of subdivision (i) of Section 16501.

28(B) If the court orders that a child who is 10 years of age or
29older remain in foster care, the court shall determine whether the
30agency has made reasonable efforts to maintain the child’s
31relationships with individuals other than the child’s siblings who
32are important to the child, consistent with the child’s best interests,
33and may make any appropriate order to ensure that those
34relationships are maintained.

35(C) If the child is not returned to his or her parent or legal
36guardian, the court shall consider, and state for the record, in-state
37and out-of-state options for permanent placement. If the child is
38placed out of the state, the court shall make a determination
39whether the out-of-state placement continues to be appropriate and
40in the best interests of the child.

P21   1(h) In any case in which the court orders that a hearing pursuant
2to Section 366.26 shall be held, it shall also order the termination
3of reunification services to the parent or legal guardian. The court
4shall continue to permit the parent or legal guardian to visit the
5child pending the hearing unless it finds that visitation would be
6detrimental to the child. The court shall make any other appropriate
7orders to enable the child to maintain relationships with individuals,
8other than the child’s siblings, who are important to the child,
9consistent with the child’s best interests. When the court orders a
10termination of reunification services to the parent or legal guardian,
11it shall also order that the child’s caregiver receive the child’s birth
12certificate in accordance with Sections 16010.4 and 16010.5.
13Additionally, when the court orders a termination of reunification
14services to the parent or legal guardian, it shall order, when
15appropriate, that a child who is 16 years of age or older receive
16his or her birth certificate.

17(i) (1) Whenever a court orders that a hearing pursuant to
18Section 366.26, including, when, in consultation with the child’s
19tribe, tribal customary adoption is recommended, shall be held, it
20shall direct the agency supervising the child and the county
21adoption agency, or the State Department of Social Services when
22it is acting as an adoption agency, to prepare an assessment that
23shall include:

24(A) Current search efforts for an absent parent or parents or
25legal guardians.

26(B) A review of the amount of and nature of any contact between
27the child and his or her parents or legal guardians and other
28members of his or her extended family since the time of placement.
29Although the extended family of each child shall be reviewed on
30a case-by-case basis, “extended family” for the purpose of this
31subparagraph shall include, but not be limited to, the child’s
32siblings, grandparents, aunts, and uncles.

33(C) An evaluation of the child’s medical, developmental,
34scholastic, mental, and emotional status.

35(D) A preliminary assessment of the eligibility and commitment
36of any identified prospective adoptive parent or legal guardian,
37including the prospective tribal customary adoptive parent,
38particularly the caretaker, to include a social history including
39screening for criminal records and prior referrals for child abuse
40or neglect, the capability to meet the child’s needs, and the
P22   1understanding of the legal and financial rights and responsibilities
2of adoption and guardianship. If a proposed guardian is a relative
3of the minor, the assessment shall also consider, but need not be
4limited to, all of the factors specified in subdivision (a) of Section
5361.3 and in Section 361.4.

6(E) The relationship of the child to any identified prospective
7adoptive parent or legal guardian, the duration and character of
8the relationship, the degree of attachment of the child to the
9prospective relative guardian or adoptive parent, the relative’s or
10adoptive parent’s strong commitment to caring permanently for
11the child, the motivation for seeking adoption or guardianship, a
12statement from the child concerning placement and the adoption
13or guardianship, and whether the child, if over 12 years of age,
14has been consulted about the proposed relative guardianship
15arrangements, unless the child’s age or physical, emotional, or
16other condition precludes his or her meaningful response, and if
17so, a description of the condition.

18(F) A description of efforts to be made to identify a prospective
19adoptive parent or legal guardian, including, but not limited to,
20child-specific recruitment and listing on an adoption exchange
21within the state or out of the state.

22(G) An analysis of the likelihood that the child will be adopted
23if parental rights are terminated.

24(H) In the case of an Indian child, in addition to subparagraphs
25(A) to (G), inclusive, an assessment of the likelihood that the child
26will be adopted, when, in consultation with the child’s tribe, a
27tribal customary adoption, as defined in Section 366.24, is
28recommended. If tribal customary adoption is recommended, the
29assessment shall include an analysis of both of the following:

30(i) Whether tribal customary adoption would or would not be
31detrimental to the Indian child and the reasons for reaching that
32conclusion.

33(ii) Whether the Indian child cannot or should not be returned
34to the home of the Indian parent or Indian custodian and the reasons
35for reaching that conclusion.

36(2) (A) A relative caregiver’s preference for legal guardianship
37over adoption, if it is due to circumstances that do not include an
38unwillingness to accept legal or financial responsibility for the
39child, shall not constitute the sole basis for recommending removal
P23   1of the child from the relative caregiver for purposes of adoptive
2placement.

3(B) Regardless of his or her immigration status, a relative
4caregiver shall be given information regarding the permanency
5options of guardianship and adoption, including the long-term
6benefits and consequences of each option, prior to establishing
7legal guardianship or pursuing adoption. If the proposed permanent
8plan is guardianship with an approved relative caregiver for a
9minor eligible for aid under the Kin-GAP Program, as provided
10for in Article 4.7 (commencing with Section 11385) of Chapter 2
11of Part 3 of Division 9, the relative caregiver shall be informed
12about the terms and conditions of the negotiated agreement
13pursuant to Section 11387 and shall agree to its execution prior to
14the hearing held pursuant to Section 366.26. A copy of the executed
15negotiated agreement shall be attached to the assessment.

16(j) If, at any hearing held pursuant to Section 366.26, a
17guardianship is established for the minor with an approved relative
18caregiver, and juvenile court dependency is subsequently
19dismissed, the minor shall be eligible for aid under the Kin-GAP
20Program, as provided for in Article 4.5 (commencing with Section
2111360) or Article 4.7 (commencing with Section 11385), as
22applicable, of Chapter 2 of Part 3 of Division 9.

23(k) As used in this section, “relative” means an adult who is
24related to the minor by blood, adoption, or affinity within the fifth
25degree of kinship, including stepparents, stepsiblings, and all
26relatives whose status is preceded by the words “great,”
27“great-great,” or “grand,” or the spouse of any of those persons
28even if the marriage was terminated by death or dissolution. If the
29proposed permanent plan is guardianship with an approved relative
30caregiver for a minor eligible for aid under the Kin-GAP Program,
31as provided for in Article 4.7 (commencing with Section 11385)
32of Chapter 2 of Part 3 of Division 9, “relative” as used in this
33section has the same meaning as “relative” as defined in
34subdivision (c) of Section 11391.

35(l) For purposes of this section, evidence of any of the following
36circumstances shall not, in and of itself, be deemed a failure to
37provide or offer reasonable services:

38(1) The child has been placed with a foster family that is eligible
39to adopt a child, or has been placed in a preadoptive home.

P24   1(2) The case plan includes services to make and finalize a
2permanent placement for the child if efforts to reunify fail.

3(3) Services to make and finalize a permanent placement for
4the child, if efforts to reunify fail, are provided concurrently with
5services to reunify the family.

end delete
6

begin deleteSEC. 9.end delete
7
begin insertSEC. 3.end insert  

Section 827 of the Welfare and Institutions Code is
8amended to read:

9

827.  

(a) (1) Except as provided in Section 828, a case file
10may be inspected only by the following:

11(A) Court personnel.

12(B) The district attorney, a city attorney, or city prosecutor
13authorized to prosecute criminal or juvenile cases under state law.

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

15(D)  The minor’s parents or guardian.

16(E) The attorneys for the parties, judges, referees, other hearing
17officers, probation officers, and law enforcement officers who are
18actively participating in criminal or juvenile proceedings involving
19the minor.

20(F) The county counsel, city attorney, or any other attorney
21representing the petitioning agency in a dependency action.

22(G) The superintendent or designee of the school district where
23the minor is enrolled or attending school.

24(H) Members of the child protective agencies as defined in
25Section 11165.9 of the Penal Code.

26(I) The State Department of Social Services, to carry out its
27duties pursuant to Division 9 (commencing with Section 10000),
28and Part 5 (commencing with Section 7900) of Division 12, of the
29Family Code to oversee and monitor county child welfare agencies,
30children in foster care or receiving foster care assistance, and
31out-of-state placements, Section 10850.4, and paragraph (2).

32(J) Authorized legal staff or special investigators who are peace
33officers who are employed by, or who are authorized
34representatives of, the State Department of Social Services, as
35necessary to the performance of their duties to inspect, license,
36and investigate community care facilities, and to ensure that the
37standards of care and services provided in those facilities are
38adequate and appropriate and to ascertain compliance with the
39rules and regulations to which the facilities are subject. The
40confidential information shall remain confidential except for
P25   1purposes of inspection, licensing, or investigation pursuant to
2Chapter 3 (commencing with Section 1500) and Chapter 3.4
3(commencing with Section 1596.70) of Division 2 of the Health
4and Safety Code, or a criminal, civil, or administrative proceeding
5in relation thereto. The confidential information may be used by
6the State Department of Social Services in a criminal, civil, or
7administrative proceeding. The confidential information shall be
8available only to the judge or hearing officer and to the parties to
9the case. Names that are confidential shall be listed in attachments
10separate to the general pleadings. The confidential information
11shall be sealed after the conclusion of the criminal, civil, or
12administrative hearings, and may not subsequently be released
13except in accordance with this subdivision. If the confidential
14information does not result in a criminal, civil, or administrative
15proceeding, it shall be sealed after the State Department of Social
16Services decides that no further action will be taken in the matter
17of suspected licensing violations. Except as otherwise provided in
18this subdivision, confidential information in the possession of the
19State Department of Social Services may not contain the name of
20the minor.

21(K) Members of children’s multidisciplinary teams, persons, or
22agencies providing treatment or supervision of the minor.

23(L) A judge, commissioner, or other hearing officer assigned
24to a family law case with issues concerning custody or visitation,
25or both, involving the minor, and the following persons, if actively
26participating in the family law case: a family court mediator
27assigned to a case involving the minor pursuant to Article 1
28(commencing with Section 3160) of Chapter 11 of Part 2 of
29Division 8 of the Family Code, a court-appointed evaluator or a
30person conducting a court-connected child custody evaluation,
31investigation, or assessment pursuant to Section 3111 or 3118 of
32the Family Code, and counsel appointed for the minor in the family
33law case pursuant to Section 3150 of the Family Code. Prior to
34allowing counsel appointed for the minor in the family law case
35to inspect the file, the court clerk may require counsel to provide
36a certified copy of the court order appointing him or her as the
37minor’s counsel.

38(M) When acting within the scope of investigative duties of an
39active case, a statutorily authorized or court-appointed investigator
40who is conducting an investigation pursuant to Section 7663, 7851,
P26   1or 9001 of the Family Code, or who is actively participating in a
2guardianship case involving a minor pursuant to Part 2
3(commencing with Section 1500) of Division 4 of the Probate
4Code and acting within the scope of his or her duties in that case.

5(N) A local child support agency for the purpose of establishing
6paternity and establishing and enforcing child support orders.

7(O) Juvenile justice commissions as established under Section
8225. The confidentiality provisions of Section 10850 shall apply
9to a juvenile justice commission and its members.

begin delete

10(P) A person who has been adjudicated as a de factor parent of
11the minor.

end delete
begin delete

37 12(Q)

end delete

13begin insert(P)end insert Any other person who may be designated by court order of
14the judge of the juvenile court upon filing a petition.

15(2) (A) Notwithstanding any other law and subject to
16subparagraph (A) of paragraph (3), juvenile case files, except those
17relating to matters within the jurisdiction of the court pursuant to
18Section 601 or 602, that pertain to a deceased child who was within
19the jurisdiction of the juvenile court pursuant to Section 300, shall
20be released to the public pursuant to an order by the juvenile court
21after a petition has been filed and interested parties have been
22afforded an opportunity to file an objection. Any information
23relating to another child or which could identify another child,
24except for information about the deceased, shall be redacted from
25the juvenile case file prior to release, unless a specific order is
26made by the juvenile court to the contrary. Except as provided in
27this paragraph, the presiding judge of the juvenile court may issue
28an order prohibiting or limiting access to the juvenile case file, or
29any portion thereof, of a deceased child only upon a showing by
30a preponderance of evidence that release of the juvenile case file
31or any portion thereof is detrimental to the safety, protection, or
32physical or emotional well-being of another child who is directly
33or indirectly connected to the juvenile case that is the subject of
34the petition.

35(B) This paragraph represents a presumption in favor of the
36release of documents when a child is deceased unless the statutory
37reasons for confidentiality are shown to exist.

38(C) If a child whose records are sought has died, and documents
39are sought pursuant to this paragraph, no weighing or balancing
40of the interests of those other than a child is permitted.

P27   1(D) A petition filed under this paragraph shall be served on
2interested parties by the petitioner, if the petitioner is in possession
3of their identity and address, and on the custodian of records. Upon
4receiving a petition, the custodian of records shall serve a copy of
5the request upon all interested parties that have not been served
6by the petitioner or on the interested parties served by the petitioner
7if the custodian of records possesses information, such as a more
8recent address, indicating that the service by the petitioner may
9have been ineffective.

10(E) The custodian of records shall serve the petition within 10
11calendar days of receipt. If any interested party, including the
12custodian of records, objects to the petition, the party shall file and
13serve the objection on the petitioning party no later than 15
14calendar days of service of the petition.

15(F) The petitioning party shall have 10 calendar days to file any
16reply. The juvenile court shall set the matter for hearing no more
17than 60 calendar days from the date the petition is served on the
18 custodian of records. The court shall render its decision within 30
19days of the hearing. The matter shall be decided solely upon the
20basis of the petition and supporting exhibits and declarations, if
21any, the objection and any supporting exhibits or declarations, if
22any, and the reply and any supporting declarations or exhibits
23thereto, and argument at hearing. The court may solely upon its
24own motion order the appearance of witnesses. If no objection is
25filed to the petition, the court shall review the petition and issue
26its decision within 10 calendar days of the final day for filing the
27objection. Any order of the court shall be immediately reviewable
28by petition to the appellate court for the issuance of an
29extraordinary writ.

30(3) Access to juvenile case files pertaining to matters within the
31jurisdiction of the juvenile court pursuant to Section 300 shall be
32limited as follows:

33(A) If a juvenile case file, or any portion thereof, is privileged
34or confidential pursuant to any other state law or federal law or
35regulation, the requirements of that state law or federal law or
36regulation prohibiting or limiting release of the juvenile case file
37or any portions thereof shall prevail. Unless a person is listed in
38subparagraphs (A) to (O), inclusive, of paragraph (1) and is entitled
39to access under the other state law or federal law or regulation
40without a court order, all those seeking access, pursuant to other
P28   1authorization, to portions of, or information relating to the contents
2of, juvenile case files protected under another state law or federal
3law or regulation, shall petition the juvenile court. The juvenile
4court may only release the portion of, or information relating to
5the contents of, juvenile case files protected by another state law
6or federal law or regulation if disclosure is not detrimental to the
7safety, protection, or physical or emotional well-being of a child
8who is directly or indirectly connected to the juvenile case that is
9the subject of the petition. This paragraph shall not be construed
10to limit the ability of the juvenile court to carry out its duties in
11conducting juvenile court proceedings.

12(B) Prior to the release of the juvenile case file or any portion
13thereof, the court shall afford due process, including a notice of
14and an opportunity to file an objection to the release of the record
15or report to all interested parties.

16(4) A juvenile case file, any portion thereof, and information
17relating to the content of the juvenile case file, may not be
18disseminated by the receiving agencies to any persons or agencies,
19other than those persons or agencies authorized to receive
20documents pursuant to this section. Further, a juvenile case file,
21any portion thereof, and information relating to the content of the
22juvenile case file, may not be made as an attachment to any other
23documents without the prior approval of the presiding judge of the
24juvenile court, unless it is used in connection with and in the course
25of a criminal investigation or a proceeding brought to declare a
26person a dependent child or ward of the juvenile court.

27(5) Individuals listed in subparagraphs (A), (B), (C), (D), (E),
28(F), (H), and (I) of paragraph (1) may also receive copies of the
29case file. In these circumstances, the requirements of paragraph
30(4) shall continue to apply to the information received.

31(b) (1) While the Legislature reaffirms its belief that juvenile
32court records, in general, should be confidential, it is the intent of
33the Legislature in enacting this subdivision to provide for a limited
34exception to juvenile court record confidentiality to promote more
35effective communication among juvenile courts, family courts,
36law enforcement agencies, and schools to ensure the rehabilitation
37of juvenile criminal offenders as well as to lessen the potential for
38drug use, violence, other forms of delinquency, and child abuse.

39(2) (A) Notwithstanding subdivision (a), written notice that a
40minor enrolled in a public school, kindergarten to grade 12,
P29   1inclusive, has been found by a court of competent jurisdiction to
2have committed any felony or any misdemeanor involving curfew,
3gambling, alcohol, drugs, tobacco products, carrying of weapons,
4a sex offense listed in Section 290 of the Penal Code, assault or
5battery, larceny, vandalism, or graffiti shall be provided by the
6court, within seven days, to the superintendent of the school district
7of attendance. Written notice shall include only the offense found
8to have been committed by the minor and the disposition of the
9minor’s case. This notice shall be expeditiously transmitted by the
10district superintendent to the principal at the school of attendance.
11The principal shall expeditiously disseminate the information to
12those counselors directly supervising or reporting on the behavior
13or progress of the minor. In addition, the principal shall disseminate
14the information to any teacher or administrator directly supervising
15or reporting on the behavior or progress of the minor whom the
16principal believes needs the information to work with the pupil in
17an appropriate fashion, to avoid being needlessly vulnerable or to
18protect other persons from needless vulnerability.

19(B) Any information received by a teacher, counselor, or
20administrator under this subdivision shall be received in confidence
21for the limited purpose of rehabilitating the minor and protecting
22students and staff, and shall not be further disseminated by the
23teacher, counselor, or administrator, except insofar as
24communication with the juvenile, his or her parents or guardians,
25law enforcement personnel, and the juvenile’s probation officer
26is necessary to effectuate the juvenile’s rehabilitation or to protect
27students and staff.

28(C) An intentional violation of the confidentiality provisions of
29this paragraph is a misdemeanor punishable by a fine not to exceed
30five hundred dollars ($500).

31(3) If a minor is removed from public school as a result of the
32court’s finding described in subdivision (b), the superintendent
33shall maintain the information in a confidential file and shall defer
34transmittal of the information received from the court until the
35minor is returned to public school. If the minor is returned to a
36school district other than the one from which the minor came, the
37parole or probation officer having jurisdiction over the minor shall
38so notify the superintendent of the last district of attendance, who
39shall transmit the notice received from the court to the
40superintendent of the new district of attendance.

P30   1(c) Each probation report filed with the court concerning a minor
2whose record is subject to dissemination pursuant to subdivision
3(b) shall include on the face sheet the school at which the minor
4is currently enrolled. The county superintendent shall provide the
5court with a listing of all of the schools within each school district,
6within the county, along with the name and mailing address of
7each district superintendent.

8(d) (1) Each notice sent by the court pursuant to subdivision
9(b) shall be stamped with the instruction: “Unlawful Dissemination
10Of This Information Is A Misdemeanor.” Any information received
11from the court shall be kept in a separate confidential file at the
12school of attendance and shall be transferred to the minor’s
13subsequent schools of attendance and maintained until the minor
14graduates from high school, is released from juvenile court
15jurisdiction, or reaches the age of 18 years, whichever occurs first.
16After that time the confidential record shall be destroyed. At any
17time after the date by which a record required to be destroyed by
18this section should have been destroyed, the minor or his or her
19parent or guardian shall have the right to make a written request
20to the principal of the school that the minor’s school records be
21reviewed to ensure that the record has been destroyed. Upon
22completion of any requested review and no later than 30 days after
23the request for the review was received, the principal or his or her
24designee shall respond in writing to the written request and either
25shall confirm that the record has been destroyed or, if the record
26has not been destroyed, shall explain why destruction has not yet
27occurred.

28(2) Except as provided in paragraph (2) of subdivision (b), no
29liability shall attach to any person who transmits or fails to transmit
30any notice or information required under subdivision (b).

31(e) For purposes of this section, a “juvenile case file” means a
32petition filed in any juvenile court proceeding, reports of the
33probation officer, and all other documents filed in that case or
34made available to the probation officer in making his or her report,
35or to the judge, referee, or other hearing officer, and thereafter
36retained by the probation officer, judge, referee, or other hearing
37officer.

38(f) The persons described in subparagraphs (A), (E), (F), (H),
39(K), (L), (M), and (N) of paragraph (1) of subdivision (a) include
40persons serving in a similar capacity for an Indian tribe, reservation,
P31   1or tribal court when the case file involves a child who is a member
2of, or who is eligible for membership in, that tribe.

begin delete
3

SEC. 10.  

If the Commission on State Mandates determines
4that this act contains costs mandated by the state, reimbursement
5to local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.

end delete


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