Amended in Senate June 2, 2015

Amended in Senate March 26, 2015

Senate Bill No. 68

Introduced by Senator Liu

January 8, 2015

An act to amend Sections begin delete 361.5, 366.21, end delete begin insert 366.21 end insert and 366.22 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

SB 68, as amended, Liu. Minor parents: reunification services.

(1) Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents of the court under certain circumstances, including when the child suffered or there is a substantial risk that the child will suffer serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of his or her parents or guardian, and establishes procedures to determine temporary placement of a dependent begin delete child. Existing law prescribes various hearings, including specified review hearings, and other procedures for these purposes. Existing law generally requires the court to order the social worker to provide designated child welfare services, including family reunification services, to the child and the child’s mother and statutorily presumed father or guardians. Existing law does not require the provision of family reunification services in cases in which the court has made one or more specified findings regarding the qualifications of the parent or guardian. Existing law prohibits the court from ordering reunification for a parent or guardian described under specified provisions, unless the court finds, by clear and convincing evidence, that reunification is in the best interest of the child. end delete

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This bill would instead require the court to order reunification services for a parent described under specified provisions if the parent was a minor at the time when the facts that gave rise to the condition for the court to deny reunification services occurred. Because providing reunification services imposes additional duties on social workers and other county employees, the bill would impose a state-mandated local program.

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begin delete (2) end delete begin delete   end delete begin insert child. end insert When a court orders the removal of a child from the physical custody of his or her parent, existing law generally requires the court to order the return of the child to the physical custody of his or her parent at the review hearings held 6 months, 12 months, and 18 months, respectively, after the initial disposition hearing, unless the court finds that the return of the child would create a substantial risk of detriment, or substantial danger, to the safety, protection, or physical or emotional well-being of the child. In making this determination, existing law requires the court to consider the efforts or progress, or both, demonstrated by the parent and the extent to which he or she availed himself or herself of reunification services, taking into account the particular barriers to an incarcerated, institutionalized, detained, or deported parent’s or guardian’s access to those court-mandated reunification services and ability to maintain contact with his or her child.

This bill would require the court, in making its determination at those review hearings, to take into account the particular barriers to a minor parent.

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(3)

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begin insert (2) end insert  If a child is not returned to a parent or legal guardian at the 18-month permanency review hearing and the court determines by clear and convincing evidence that the best interests of the child would be met by the provision of additional reunification services to the parent or legal guardian, as specified, existing law authorizes the court to continue the case for up to 6 months for a subsequent permanency review hearing, as specified.

This bill would authorize the court to continue the case for up to 6 months for the provision of additional reunification services to a minor parent at the initial hearing begin insert who is end insert making significant and consistent progress in establishing a safe home for the child’s return begin delete and end delete begin insert for end insert a subsequent permanency review hearing.

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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 begin delete

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.

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

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

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SECTION 1.  

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

361.5.  

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

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

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

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

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

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

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

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

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

(3) Notwithstanding subparagraphs (A), (B), and (C) of
paragraph (1), court-ordered services may be extended up to a
maximum time period not to exceed 18 months after the date the
child was originally removed from physical custody of his or her
parent or guardian if it can be shown, at the hearing held pursuant
to subdivision (f) of Section 366.21, that the permanent plan for
the child is that he or she will be returned and safely maintained
in the home within the extended time period. The court shall extend
the time period 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 guardian within the extended time period or that
reasonable services have not been provided to the parent or
guardian. In determining whether court-ordered services may be
extended, the court shall consider the special circumstances of an
incarcerated or institutionalized parent or parents, parent or parents
court-ordered to a residential substance abuse treatment program,
or a parent who 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, including, but not
limited to, barriers to the parent’s or guardian’s access to services
and ability to maintain contact with his or her child. The court
shall also consider, among other factors, good faith efforts that the
parent or guardian has made to maintain contact with the child. If
the court extends the time period, the court shall specify the factual
basis for its conclusion that there is a substantial probability that
the child will be returned to the physical custody of his or her
parent or guardian within the extended time period. The court also
shall make findings pursuant to subdivision (a) of Section 366 and
subdivision (e) of Section 358.1.

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

In cases where the child was under three years of age on the date
of the initial removal from the physical custody of his or her parent
or guardian or is a member of a sibling group as described in
subparagraph (C) of paragraph (1), the court shall inform the parent
or guardian that the failure of the parent or guardian to participate
regularly in any court-ordered treatment programs or to cooperate
or avail himself or herself of services provided as part of the child
welfare services case plan may result in a termination of efforts
to reunify the family after six months. The court shall inform the
parent or guardian of the factors used in subdivision (e) of Section
366.21 to determine whether to limit services to six months for
some or all members of a sibling group as described in
subparagraph (C) of paragraph (1).

(4) Notwithstanding paragraph (3), court-ordered services may
be extended up to a maximum time period not to exceed 24 months
after the date the child was originally removed from physical
custody of his or her parent or guardian if it is shown, at the hearing
held pursuant to subdivision (b) of Section 366.22, that the
permanent plan for the child is that he or she will be returned and
safely maintained in the home within the extended time period.
The court shall extend the time period only if it finds that it is in
the child’s best interest to have the time period extended and that
there is a substantial probability that the child will be returned to
the physical custody of his or her parent or guardian who is
described in subdivision (b) of Section 366.22 within the extended
time period, or that reasonable services have not been provided to
the parent or guardian. If the court extends the time period, the
court shall specify the factual basis for its conclusion that there is
a substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the
extended time period. The court also shall make findings pursuant
to subdivision (a) of Section 366 and subdivision (e) of Section
358.1.

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

Except in cases where, pursuant to subdivision (b), the court
does not order reunification services, the court shall inform the
parent or parents of Section 366.26 and shall specify that the
parent’s or parents’ parental rights may be terminated.

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

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

(2) That the parent or guardian is suffering from a mental
disability that is described in Chapter 2 (commencing with Section
7820) of Part 4 of Division 12 of the Family Code and that renders
him or her incapable of utilizing those services.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(16) That the parent or guardian has been required by the court
to be registered on a sex offender registry under the federal Adam
Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Sec.
16913(a)), as required in Section 106(b)(2)(B)(xvi)(VI) of the
federal Child Abuse Prevention and Treatment Act (42 U.S.C.
Sec. 5106a(a)(2)(B)(xvi)(VI)).

(c) (1) In deciding whether to order reunification in any case
in which this section applies, the court shall hold a dispositional
hearing. The social worker shall prepare a report that discusses
whether reunification services shall be provided. When it is alleged,
pursuant to paragraph (2) of subdivision (b), that the parent is
incapable of utilizing services due to mental disability, the court
shall order reunification services unless competent evidence from
mental health professionals establishes that, even with the provision
of services, the parent is unlikely to be capable of adequately caring
for the child within the time limits specified in subdivision (a).

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

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

(4) Notwithstanding paragraph (2) or (3), the court shall order
reunification services for a parent described in paragraph (7), (10),
(11), or (13) of subdivision (b) if the parent was a minor at the
time when the facts that gave rise to the condition for the court to
deny reunification services occurred.

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

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

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

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

(B) Transportation services, where appropriate.

(C) Visitation services, where appropriate.

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

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

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

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

(3) Notwithstanding any other law, if the incarcerated parent is
a woman seeking to participate in the community treatment
program operated by the Department of Corrections and
Rehabilitation pursuant to Chapter 4.8 (commencing with Section
1174) of Title 7 of Part 2 of, Chapter 4 (commencing with Section
3410) of Title 2 of Part 3 of, the Penal Code, the court shall
determine whether the parent’s participation in a program is in the
child’s best interest and whether it is suitable to meet the needs of
the parent and child.

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

(g) (1) Whenever a court orders that a hearing shall be held
pursuant to Section 366.26, including, when, in consultation with
the child’s tribe, tribal customary adoption is recommended, 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 and
notification of a noncustodial parent in the manner provided for
in Section 291.

(B) A review of the amount of and nature of any contact between
the child and his or her parents 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 guardian, including
a 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. As used in this subparagraph, “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.

(E) The relationship of the child to any identified prospective
adoptive parent or guardian, including a prospective tribal
customary parent, 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 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) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.

(G) In the case of an Indian child, in addition to subparagraphs
(A) to (F), inclusive, an assessment of the likelihood that the child
will be adopted, when, in consultation with the child’s tribe, a
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.

(h) 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.

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

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

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

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

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

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

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

(j) When the court determines that reunification services will
not be ordered, it shall 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 determines that reunification
services will not be ordered, it shall order, when appropriate, that
a child who is 16 years of age or older receive his or her birth
certificate.

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

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 366.21 of the Welfare and Institutions
Code, as amended by Section 6 of Chapter 219 of the Statutes of
2014, 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
interests; the progress made; and, where relevant, the prognosis
for return of the child to the physical custody of his or her parent
or legal guardian; and 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 the parent or legal guardian, counsel for the child,
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) 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 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.

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.

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.

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.

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.

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.

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.

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) 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. 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. 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 independent
living. 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, 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 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.

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 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.

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 long-term 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. 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.

If the court orders that a child who is 10 years of age or older
remain in long-term 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.

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.

(m) The implementation and operation of the amendments to
subdivisions (c) and (g) enacted at the 2005-06 Regular Session
shall be subject to appropriation through the budget process and
by phase, as provided in Section 366.35.

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Section 366.22 of the Welfare and Institutions Code,
as amended by Section 7 of Chapter 219 of the Statutes of 2014,
is amended to read:

366.22.  

(a) When a case has been continued pursuant to
paragraph (1) or (2) of subdivision (g) of Section 366.21, the
permanency review hearing shall occur within 18 months after the
date the child was originally removed from the physical custody
of his or her parent or legal guardian. 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
permanency review 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 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; 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 of a minor parent or an
incarcerated or institutionalized 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.

Whether or not 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 return would
be detrimental. 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 the child’s 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.

Unless the conditions in subdivision (b) are met and the child is
not returned to a parent or legal guardian at the permanency review
hearing, the court shall order that a hearing be held pursuant to
Section 366.26 in order to determine whether adoption, or, in the
case of an Indian child, in consultation with the child’s tribe, tribal
customary adoption, guardianship, or long-term foster care is the
most appropriate plan for the child. 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. However, if the court finds by clear and
convincing evidence, based on 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, as described
in paragraph (5) of subdivision (g) of Section 366.21, for
determining that a hearing held under 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,
the court may, only under these circumstances, order that the child
remain in long-term foster care. 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. If the court orders that a child who is 10 years
of age or older remain in long-term 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. The hearing shall be held
no later than 120 days from the date of the permanency review
hearing. The court shall also order 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 unless it
finds that visitation would be detrimental to the child. The court
shall determine whether reasonable services have been offered or
provided to the parent or legal guardian. For purposes of this
subdivision, evidence of any of the following circumstances shall
not, in and of themselves, 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.

(b) If the child is not returned to a parent or legal guardian at
the permanency review hearing and the court determines by clear
and convincing evidence that the best interests of the child would
be met by the provision of additional reunification services to a
parent or legal guardian who is making significant and consistent
progress in a court-ordered residential substance abuse treatment
program, a minor parent at the initial hearing making significant
and consistent progress in establishing a safe home for the child’s
return, or a parent recently discharged from incarceration,
institutionalization, or the custody of the United States Department
of Homeland Security and making significant and consistent
progress in establishing a safe home for the child’s return, the court
may continue the case for up to six months for a subsequent
permanency review hearing, provided that the hearing shall occur
within 24 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:

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

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

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

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.

The court shall inform the parent or legal guardian that if the
child cannot be returned home by the subsequent 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.

(c) (1) Whenever a court orders that a hearing pursuant to
Section 366.26, including when a 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.

(B) A review of the amount of and nature of any contact between
the child and his or her parents 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 purposes 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,
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 legal 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 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 legal guardianship,
a statement from the child concerning placement and the adoption
or legal 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) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.

(G) In the case of an Indian child, in addition to subparagraphs
(A) to (F), 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.

(d) This section shall become operative January 1, 1999. If at
any hearing held pursuant to Section 366.26, a legal 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.

(e) As used in this section, “relative” means an adult who is
related to the child 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.

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

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SEC. 4.  

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.

end delete