Amended in Assembly June 24, 2015

Amended in Senate June 2, 2015

Amended in Senate March 26, 2015

Senate BillNo. 68


Introduced by Senator Liu

January 8, 2015


An act to amend Sections 366.21 and 366.22 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

SB 68, as amended, Liu. Minorbegin insert or nonminor dependentend insert 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 child. 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 minorbegin delete parent.end deletebegin insert parent or a nonminor dependent parent.end insert

(2) 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 parentbegin insert or a nonminor dependent parentend insert at the initial hearing who is making significant and consistent progress in establishing a safe home for the child’s return for a subsequent permanency review hearing.

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

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

P2    1

SECTION 1.  

Section 366.21 of the Welfare and Institutions
2begin delete Codeend delete
begin delete, as amended by Section 6 of Chapter 219 of the Statutes of
32014,end delete
begin insertCode,end insert is amended to read:

4

366.21.  

(a) Every hearing conducted by the juvenile court
5reviewing the status of a dependent child shall be placed on the
6appearance calendar. The court shall advise all persons present at
7the hearing of the date of the future hearing and of their right to
8be present and represented by counsel.

9(b) Except as provided in Sections 294 and 295, notice of the
10hearing shall be provided pursuant to Section 293.

11(c) At least 10 calendar days prior to the hearing, the social
12worker shall file a supplemental report with the court regarding
13the services provided or offered to the parent or legal guardian to
P3    1enable him or her to assume custody and the efforts made to
2achieve legal permanence for the child if efforts to reunify fail,
3including, but not limited to, efforts to maintain relationships
4between a child who is 10 years of age or older and has been in
5out-of-home placement for six months or longer and individuals
6who are important to the child, consistent with the child’s best
7interests; the progress made; and, where relevant, the prognosis
8for return of the child to the physical custody of his or her parent
9or legal guardian; and shall make his or her recommendation for
10disposition. If the child is a member of a sibling group described
11in subparagraph (C) of paragraph (1) of subdivision (a) of Section
12361.5, the report and recommendation may also take into account
13those factors described in subdivision (e) relating to the child’s
14sibling group. If the recommendation is not to return the child to
15a parent or legal guardian, the report shall specify why the return
16of the child would be detrimental to the child. The social worker
17shall provide the parent or legal guardian, counsel for the child,
18and any court-appointed child advocate with a copy of the report,
19including his or her recommendation for disposition, at least 10
20calendar days prior to the hearing. In the case of a child removed
21from the physical custody of his or her parent or legal guardian,
22the social worker shall, at least 10 calendar days prior to the
23hearing, provide a summary of his or her recommendation for
24disposition to any foster parents, relative caregivers, and certified
25foster parents who have been approved for adoption by the State
26Department of Social Services when it is acting as an adoption
27agency or by a county adoption agency, community care facility,
28or foster family agency having the physical custody of the child.
29The social worker shall include a copy of the Judicial Council
30Caregiver Information Form (JV-290) with the summary of
31recommendations to the child’s foster parents, relative caregivers,
32or foster parents approved for adoption, in the caregiver’s primary
33language when available, along with information on how to file
34the form with the court.

35(d) Prior to any hearing involving a child in the physical custody
36of a community care facility or a foster family agency that may
37result in the return of the child to the physical custody of his or
38her parent or legal guardian, or in adoption or the creation of a
39legal guardianship, or in the case of an Indian child, in consultation
40with the child’s tribe, tribal customary adoption, the facility or
P4    1agency shall file with the court a report, or a Judicial Council
2Caregiver Information Form (JV-290), containing its
3recommendation for disposition. Prior to the hearing involving a
4child in the physical custody of a foster parent, a relative caregiver,
5or a certified foster parent who has been approved for adoption by
6the State Department of Social Services when it is acting as an
7adoption agency or by a county adoption agency, the foster parent,
8relative caregiver, or the certified foster parent who has been
9approved for adoption by the State Department of Social Services
10when it is acting as an adoption agency or by a county adoption
11agency, may file with the court a report containing his or her
12recommendation for disposition. The court shall consider the report
13and recommendation filed pursuant to this subdivision prior to
14determining any disposition.

15(e) At the review hearing held six months after the initial
16dispositional hearing, but no later than 12 months after the date
17the child entered foster care as determined in Section 361.49,
18whichever occurs earlier, after considering the admissible and
19relevant evidence, the court shall order the return of the child to
20the physical custody of his or her parent or legal guardian unless
21the court finds, by a preponderance of the evidence, that the return
22of the child to his or her parent or legal guardian would create a
23substantial risk of detriment to the safety, protection, or physical
24or emotional well-being of the child. The social worker shall have
25the burden of establishing that detriment. At the hearing, the court
26shall consider the criminal history, obtained pursuant to paragraph
27(1) of subdivision (f) of Section 16504.5, of the parent or legal
28guardian subsequent to the child’s removal to the extent that the
29criminal record is substantially related to the welfare of the child
30or the parent’s or guardian’s ability to exercise custody and control
31regarding his or her child, provided the parent or legal guardian
32agreed to submit fingerprint images to obtain criminal history
33information as part of the case plan. The court shall also consider
34whether the child can be returned to the custody of his or her parent
35who is enrolled in a certified substance abuse treatment facility
36that allows a dependent child to reside with his or her parent. The
37fact that the parent is enrolled in a certified substance abuse
38treatment facility shall not be, for that reason alone, prima facie
39evidence of detriment. The failure of the parent or legal guardian
40to participate regularly and make substantive progress in
P5    1court-ordered treatment programs shall be prima facie evidence
2that return would be detrimental. In making its determination, the
3court shall review and consider the social worker’s report and
4recommendations and the report and recommendations of any child
5advocate appointed pursuant to Section 356.5; and shall consider
6the efforts or progress, or both, demonstrated by the parent or legal
7guardian and the extent to which he or she availed himself or
8herself of services provided, taking into account the particular
9barriers to a minor parentbegin insert or a nonminor dependent parent,end insert or an
10incarcerated, institutionalized, detained, or deported parent’s or
11legal guardian’s accessbegin delete to,end deletebegin insert toend insert those court-mandated services and
12ability to maintain contact with his or her child.

13Regardless of whether the child is returned to a parent or legal
14guardian, the court shall specify the factual basis for its conclusion
15that the return would be detrimental or would not be detrimental.
16The court also shall make appropriate findings pursuant to
17subdivision (a) of Section 366; and, where relevant, shall order
18any additional services reasonably believed to facilitate the return
19of the child to the custody of his or her parent or legal guardian.
20The court shall also inform the parent or legal guardian that if the
21child cannot be returned home by the 12-month permanency
22hearing, a proceeding pursuant to Section 366.26 may be instituted.
23This section does not apply in a case where, pursuant to Section
24361.5, the court has ordered that reunification services shall not
25be provided.

26If the child was under three years of age on the date of the initial
27removal, or is a member of a sibling group described in
28subparagraph (C) of paragraph (1) of subdivision (a) of Section
29361.5, and the court finds by clear and convincing evidence that
30the parent failed to participate regularly and make substantive
31progress in a court-ordered treatment plan, the court may schedule
32a hearing pursuant to Section 366.26 within 120 days. If, however,
33the court finds there is a substantial probability that the child, who
34was under three years of age on the date of initial removal or is a
35member of a sibling group described in subparagraph (C) of
36paragraph (1) of subdivision (a) of Section 361.5, may be returned
37to his or her parent or legal guardian within six months or that
38reasonable services have not been provided, the court shall continue
39the case to the 12-month permanency hearing.

P6    1For the purpose of placing and maintaining a sibling group
2together in a permanent home, the court, in making its
3determination to schedule a hearing pursuant to Section 366.26
4for some or all members of a sibling group, as described in
5subparagraph (C) of paragraph (1) of subdivision (a) of Section
6361.5, shall review and consider the social worker’s report and
7recommendations. Factors the report shall address, and the court
8shall consider, may include, but need not be limited to, whether
9the sibling group was removed from parental care as a group, the
10closeness and strength of the sibling bond, the ages of the siblings,
11the appropriateness of maintaining the sibling group together, the
12detriment to the child if sibling ties are not maintained, the
13likelihood of finding a permanent home for the sibling group,
14whether the sibling group is currently placed together in a
15preadoptive home or has a concurrent plan goal of legal
16permanency in the same home, the wishes of each child whose
17age and physical and emotional condition permits a meaningful
18response, and the best interests of each child in the sibling group.
19The court shall specify the factual basis for its finding that it is in
20the best interests of each child to schedule a hearing pursuant to
21Section 366.26 within 120 days for some or all of the members of
22the sibling group.

23If the child was removed initially under subdivision (g) of
24Section 300 and the court finds by clear and convincing evidence
25that the whereabouts of the parent are still unknown, or the parent
26has failed to contact and visit the child, the court may schedule a
27hearing pursuant to Section 366.26 within 120 days. The court
28shall take into account any particular barriers to a parent’s ability
29to maintain contact with his or her child due to the parent’s
30incarceration, institutionalization, detention by the United States
31Department of Homeland Security, or deportation. If the court
32finds by clear and convincing evidence that the parent has been
33convicted of a felony indicating parental unfitness, the court may
34schedule a hearing pursuant to Section 366.26 within 120 days.

35If the child had been placed under court supervision with a
36previously noncustodial parent pursuant to Section 361.2, the court
37shall determine whether supervision is still necessary. The court
38may terminate supervision and transfer permanent custody to that
39parent, as provided for by paragraph (1) of subdivision (b) of
40Section 361.2.

P7    1In all other cases, the court shall direct that any reunification
2services previously ordered shall continue to be offered to the
3parent or legal guardian pursuant to the time periods set forth in
4subdivision (a) of Section 361.5, provided that the court may
5modify the terms and conditions of those services.

6If the child is not returned to his or her parent or legal guardian,
7the court shall determine whether reasonable services that were
8designed to aid the parent or legal guardian in overcoming the
9problems that led to the initial removal and the continued custody
10of the child have been provided or offered to the parent or legal
11guardian. The court shall order that those services be initiated,
12continued, or terminated.

13(f) The permanency hearing shall be held no later than 12
14months after the date the child entered foster care, as that date is
15determined pursuant to Section 361.49. At the permanency hearing,
16the court shall determine the permanent plan for the child, which
17shall include a determination of whether the child will be returned
18to the child’s home and, if so, when, within the time limits of
19subdivision (a) of Section 361.5. After considering the relevant
20and admissible evidence, the court shall order the return of the
21child to the physical custody of his or her parent or legal guardian
22unless the court finds, by a preponderance of the evidence, that
23the return of the child to his or her parent or legal guardian would
24create a substantial risk of detriment to the safety, protection, or
25physical or emotional well-being of the child. The social worker
26shall have the burden of establishing that detriment. At the
27permanency hearing, the court shall consider the criminal history,
28obtained pursuant to paragraph (1) of subdivision (f) of Section
2916504.5, of the parent or legal guardian subsequent to the child’s
30removal to the extent that the criminal record is substantially related
31to the welfare of the child or the parent’s or legal guardian’s ability
32to exercise custody and control regarding his or her child, provided
33that the parent or legal guardian agreed to submit fingerprint images
34to obtain criminal history information as part of the case plan. The
35court shall also determine whether reasonable services that were
36designed to aid the parent or legal guardian to overcome the
37problems that led to the initial removal and continued custody of
38the child have been provided or offered to the parent or legal
39guardian. For each youth 16 years of age and older, the court shall
40also determine whether services have been made available to assist
P8    1him or her in making the transition from foster care to independent
2living. The court shall also consider whether the child can be
3returned to the custody of his or her parent who is enrolled in a
4certified substance abuse treatment facility that allows a dependent
5child to reside with his or her parent. The fact that the parent is
6enrolled in a certified substance abuse treatment facility shall not
7be, for that reason alone, prima facie evidence of detriment. The
8failure of the parent or legal guardian to participate regularly and
9make substantive progress in court-ordered treatment programs
10shall be prima facie evidence that return would be detrimental. In
11making its determination, the court shall review and consider the
12social worker’s report and recommendations and the report and
13recommendations of any child advocate appointed pursuant to
14Section 356.5, shall consider the efforts or progress, or both,
15demonstrated by the parent or legal guardian and the extent to
16which he or she availed himself or herself of services provided,
17taking into account the particular barriers to a minor parentbegin insert or a
18nonminor dependent parent,end insert
or an incarcerated, institutionalized,
19detained, or deported parent’s or legal guardian’sbegin delete access,end deletebegin insert accessend insert
20 to those court-mandated services and ability to maintain contact
21with his or her child, and shall make appropriate findings pursuant
22to subdivision (a) of Section 366.

23Regardless of whether the child is returned to his or her parent
24or legal guardian, the court shall specify the factual basis for its
25decision. If the child is not returned to a parent or legal guardian,
26the court shall specify the factual basis for its conclusion that the
27return would be detrimental. The court also shall make a finding
28pursuant to subdivision (a) of Section 366. If the child is not
29returned 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
38 custody of a parent or legal guardian at the permanency hearing
39held pursuant to subdivision (f), the court shall do one of the
40following:

P9    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
5continue 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 purposes of this subdivision, the court’s decision to continue
25the case based on a finding or substantial probability that the child
26will be returned to the physical custody of his or her parent or legal
27guardian is a compelling reason for determining that a hearing
28held pursuant to Section 366.26 is not in the best interests of the
29child.

30The court shall inform the parent or legal guardian that if the
31child cannot be returned home by the next permanency review
32hearing, a proceeding pursuant to Section 366.26 may be instituted.
33The court shall not order that a hearing pursuant to Section 366.26
34be held unless there is clear and convincing evidence that
35reasonable services have been provided or offered to the parent or
36legal guardian.

37(2) Continue the case for up to six months for a permanency
38review hearing, provided that the hearing shall occur within 18
39months of the date the child was originally taken from the physical
40custody of his or her parent or legal guardian, if the parent has
P10   1been arrested and issued an immigration hold, detained by the
2United States Department of Homeland Security, or deported to
3his or her country of origin, and the court determines either that
4there is a substantial probability that the child will be returned to
5the physical custody of his or her parent or legal guardian and
6safely maintained in the home within the extended period of time
7or that reasonable services have not been provided to the parent
8or legal guardian.

9(3) For purposes of paragraph (2), in order to find a substantial
10probability that the child will be returned to the physical custody
11of his or her parent or legal guardian and safely maintained in the
12home within the extended period of time, the court shall find all
13of the following:

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

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

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

27(4) Order that a hearing be held within 120 days, pursuant to
28Section 366.26, but only if the court does not continue the case to
29the permanency planning review hearing and there is clear and
30convincing evidence that reasonable services have been provided
31or offered to the parents or legal guardians. On and after January
321, 2012, a hearing pursuant to Section 366.26 shall not be ordered
33if the child is a nonminor dependent, unless the nonminor
34dependent is an Indian child and tribal customary adoption is
35recommended as the permanent plan.

36(5) Order that the child remain in long-term foster care, but only
37if the court finds by clear and convincing evidence, based upon
38the evidence already presented to it, including a recommendation
39by the State Department of Social Services when it is acting as an
40adoption agency or by a county adoption agency, that there is a
P11   1compelling reason for determining that a hearing held pursuant to
2Section 366.26 is not in the best interests of the child because the
3child is not a proper subject for adoption and has no one willing
4to accept legal guardianship. For purposes of this section, a
5recommendation by the State Department of Social Services when
6it is acting as an adoption agency or by a county adoption agency
7that adoption is not in the best interests of the child shall constitute
8a compelling reason for the court’s determination. That
9recommendation shall be based on the present circumstances of
10the child and shall not preclude a different recommendation at a
11later date if the child’s circumstances change. On and after January
121, 2012, the nonminor dependent’s legal status as an adult is in
13and of itself a compelling reason not to hold a hearing pursuant to
14Section 366.26. The court may order that a nonminor dependent
15who otherwise is eligible pursuant to Section 11403 remain in a
16planned, permanent living arrangement.

17If the court orders that a child who is 10 years of age or older
18remain in long-term foster care, the court shall determine whether
19the agency has made reasonable efforts to maintain the child’s
20relationships with individuals other than the child’s siblings who
21are important to the child, consistent with the child’s best interests,
22and may make any appropriate order to ensure that those
23relationships are maintained.

24If the child is not returned to his or her parent or legal guardian,
25the court shall consider, and state for the record, in-state and
26out-of-state options for permanent placement. If the child is placed
27out of the state, the court shall make a determination whether the
28out-of-state placement continues to be appropriate and in the best
29interests of the child.

30(h) In any case in which the court orders that a hearing pursuant
31to Section 366.26 shall be held, it shall also order the termination
32of reunification services to the parent or legal guardian. The court
33shall continue to permit the parent or legal guardian to visit the
34child pending the hearing unless it finds that visitation would be
35detrimental to the child. The court shall make any other appropriate
36orders to enable the child to maintain relationships with individuals,
37other than the child’s siblings, who are important to the child,
38 consistent with the child’s best interests. When the court orders a
39termination of reunification services to the parent or legal guardian,
40it shall also order that the child’s caregiver receive the child’s birth
P12   1certificate in accordance with Sections 16010.4 and 16010.5.
2Additionally, when the court orders a termination of reunification
3services to the parent or legal guardian, it shall order, when
4appropriate, that a child who is 16 years of age or older receive
5his or her birth certificate.

6(i) (1) Whenever a court orders that a hearing pursuant to
7Section 366.26, including, when, in consultation with the child’s
8tribe, tribal customary adoption is recommended, shall be held, it
9shall direct the agency supervising the child and the county
10adoption agency, or the State Department of Social Services when
11it is acting as an adoption agency, to prepare an assessment that
12shall include:

13(A) Current search efforts for an absent parent or parents or
14legal guardians.

15(B) A review of the amount of and nature of any contact between
16the child and his or her parents or legal guardians and other
17members of his or her extended family since the time of placement.
18Although the extended family of each child shall be reviewed on
19a case-by-case basis, “extended family” for the purpose of this
20subparagraph shall include, but not be limited to, the child’s
21siblings, grandparents, aunts, and uncles.

22(C) An evaluation of the child’s medical, developmental,
23scholastic, mental, and emotional status.

24(D) A preliminary assessment of the eligibility and commitment
25of any identified prospective adoptive parent or legal guardian,
26including the prospective tribal customary adoptive parent,
27particularly the caretaker, to include a social history including
28screening for criminal records and prior referrals for child abuse
29or neglect, the capability to meet the child’s needs, and the
30understanding of the legal and financial rights and responsibilities
31of adoption and guardianship. If a proposed guardian is a relative
32of the minor, the assessment shall also consider, but need not be
33limited to, all of the factors specified in subdivision (a) of Section
34361.3 and in Section 361.4.

35(E) The relationship of the child to any identified prospective
36adoptive parent or legal guardian, the duration and character of
37the relationship, the degree of attachment of the child to the
38prospective relative guardian or adoptive parent, the relative’s or
39adoptive parent’s strong commitment to caring permanently for
40the child, the motivation for seeking adoption or guardianship, a
P13   1statement from the child concerning placement and the adoption
2or guardianship, and whether the child, if over 12 years of age,
3has been consulted about the proposed relative guardianship
4arrangements, unless the child’s age or physical, emotional, or
5other condition precludes his or her meaningful response, and if
6so, a description of the condition.

7(F) A description of efforts to be made to identify a prospective
8adoptive parent or legal guardian, including, but not limited to,
9child-specific recruitment and listing on an adoption exchange
10within the state or out of the state.

11(G) An analysis of the likelihood that the child will be adopted
12if parental rights are terminated.

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

19(i) Whether tribal customary adoption would or would not be
20detrimental to the Indian child and the reasons for reaching that
21conclusion.

22(ii) Whether the Indian child cannot or should not be returned
23to the home of the Indian parent or Indian custodian and the reasons
24for reaching that conclusion.

25(2) (A) A relative caregiver’s preference for legal guardianship
26over adoption, if it is due to circumstances that do not include an
27unwillingness to accept legal or financial responsibility for the
28child, shall not constitute the sole basis for recommending removal
29of the child from the relative caregiver for purposes of adoptive
30placement.

31(B) Regardless of his or her immigration status, a relative
32caregiver shall be given information regarding the permanency
33options of guardianship and adoption, including the long-term
34benefits and consequences of each option, prior to establishing
35legal guardianship or pursuing adoption. If the proposed permanent
36plan is guardianship with an approved relative caregiver for a
37minor eligible for aid under the Kin-GAP Program, as provided
38for in Article 4.7 (commencing with Section 11385) of Chapter 2
39of Part 3 of Division 9, the relative caregiver shall be informed
40about the terms and conditions of the negotiated agreement
P14   1pursuant to Section 11387 and shall agree to its execution prior to
2the hearing held pursuant to Section 366.26. A copy of the executed
3negotiated agreement shall be attached to the assessment.

4(j) If, at any hearing held pursuant to Section 366.26, a
5guardianship is established for the minor with an approved relative
6caregiver, and juvenile court dependency is subsequently
7dismissed, the minor shall be eligible for aid under the Kin-GAP
8Program, as provided for in Article 4.5 (commencing with Section
911360) or Article 4.7 (commencing with Section 11385), as
10applicable, of Chapter 2 of Part 3 of Division 9.

11(k) As used in this section, “relative” means an adult who is
12related to the minor by blood, adoption, or affinity within the fifth
13degree of kinship, including stepparents, stepsiblings, and all
14relatives whose status is preceded by the words “great,”
15“great-great,” or “grand,” or the spouse of any of those persons
16even if the marriage was terminated by death or dissolution. If the
17proposed permanent plan is guardianship with an approved relative
18caregiver for a minor eligible for aid under the Kin-GAP Program,
19as provided for in Article 4.7 (commencing with Section 11385)
20of Chapter 2 of Part 3 of Division 9, “relative” as used in this
21section has the same meaning as “relative” as defined in
22subdivision (c) of Section 11391.

23(l) For purposes of this section, evidence of any of the following
24circumstances shall not, in and of itself, be deemed a failure to
25provide or offer reasonable services:

26(1) The child has been placed with a foster family that is eligible
27to adopt a child, or has been placed in a preadoptive home.

28(2) The case plan includes services to make and finalize a
29permanent placement for the child if efforts to reunify fail.

30(3) Services to make and finalize a permanent placement for
31the child, if efforts to reunify fail, are provided concurrently with
32services to reunify the family.

33(m) The implementation and operation of the amendments to
34subdivisions (c) and (g) enacted at the 2005-06 Regular Session
35shall be subject to appropriation through the budget process and
36by phase, as provided in Section 366.35.

37

SEC. 2.  

Section 366.22 of the Welfare and Institutionsbegin delete Codeend deletebegin delete,
38as amended by Section 7 of Chapter 219 of the Statutes of 2014, end delete

39begin insertCode,end insert is amended to read:

P15   1

366.22.  

(a) When a case has been continued pursuant to
2paragraph (1) or (2) of subdivision (g) of Section 366.21, the
3permanency review hearing shall occur within 18 months after the
4date the child was originally removed from the physical custody
5of his or her parent or legal guardian. After considering the
6admissible and relevant evidence, the court shall order the return
7of the child to the physical custody of his or her parent or legal
8guardian unless the court finds, by a preponderance of the evidence,
9that the return of the child to his or her parent or legal guardian
10would create a substantial risk of detriment to the safety, protection,
11or physical or emotional well-being of the child. The social worker
12shall have the burden of establishing that detriment. At the
13permanency review hearing, the court shall consider the criminal
14 history, obtained pursuant to paragraph (1) of subdivision (f) of
15Section 16504.5, of the parent or legal guardian subsequent to the
16child’s removal, to the extent that the criminal record is
17substantially related to the welfare of the child or the parent’s or
18legal guardian’s ability to exercise custody and control regarding
19his or her child, provided that the parent or legal guardian agreed
20to submit fingerprint images to obtain criminal history information
21as part of the case plan. The court shall also consider whether the
22child can be returned to the custody of his or her parent who is
23enrolled in a certified substance abuse treatment facility that allows
24a dependent child to reside with his or her parent. The fact that the
25parent is enrolled in a certified substance abuse treatment facility
26shall not be, for that reason alone, prima facie evidence of
27detriment. The failure of the parent or legal guardian to participate
28regularly and make substantive progress in court-ordered treatment
29programs shall be prima facie evidence that return would be
30detrimental. In making its determination, the court shall review
31and consider the social worker’s report and recommendations and
32the report and recommendations of any child advocate appointed
33pursuant to Section 356.5; shall consider the efforts or progress,
34or both, demonstrated by the parent or legal guardian and the extent
35to which he or she availed himself or herself of services provided,
36taking into account the particular barriers of a minor parentbegin insert or a
37nonminor dependent parent,end insert
or an incarcerated or institutionalized
38parent’s or legal guardian’s access to those court-mandated services
39and ability to maintain contact with his or her child; and shall make
40appropriate findings pursuant to subdivision (a) of Section 366.

P16   1Whether or not the child is returned to his or her parent or legal
2guardian, the court shall specify the factual basis for its decision.
3If the child is not returned to a parent or legal guardian, the court
4shall specify the factual basis for its conclusion that return would
5be detrimental. If the child is not returned to his or her parent or
6legal guardian, the court shall consider, and state for the record,
7in-state and out-of-state options for the child’s permanent
8placement. If the child is placed out of the state, the court shall
9make a determination whether the out-of-state placement continues
10to be appropriate and in the best interests of the child.

11Unless the conditions in subdivision (b) are met and the child is
12not returned to a parent or legal guardian at the permanency review
13hearing, the court shall order that a hearing be held pursuant to
14Section 366.26 in order to determine whether adoption, or, in the
15case of an Indian child, in consultation with the child’s tribe, tribal
16customary adoption, guardianship, or long-term foster care is the
17most appropriate plan for the child. On and after January 1, 2012,
18a hearing pursuant to Section 366.26 shall not be ordered if the
19child is a nonminor dependent, unless the nonminor dependent is
20an Indian child, and tribal customary adoption is recommended as
21the permanent plan. However, if the court finds by clear and
22convincing evidence, based on the evidence already presented to
23it, including a recommendation by the State Department of Social
24Services when it is acting as an adoption agency or by a county
25adoption agency, that there is a compelling reason, as described
26in paragraph (5) of subdivision (g) of Section 366.21, for
27determining that a hearing held under Section 366.26 is not in the
28best interests of the child because the child is not a proper subject
29for adoption and has no one willing to accept legal guardianship,
30the court may, only under these circumstances, order that the child
31remain in long-term foster care. On and after January 1, 2012, the
32nonminor dependent’s legal status as an adult is in and of itself a
33compelling reason not to hold a hearing pursuant to Section 366.26.
34The court may order that a nonminor dependent who otherwise is
35eligible pursuant to Section 11403 remain in a planned, permanent
36living arrangement. If the court orders that a child who is 10 years
37of age or older remain in long-term foster care, the court shall
38determine whether the agency has made reasonable efforts to
39maintain the child’s relationships with individuals other than the
40child’s siblings who are important to the child, consistent with the
P17   1child’s best interests, and may make any appropriate order to ensure
2that those relationships are maintained. The hearing shall be held
3no later than 120 days from the date of the permanency review
4hearing. The court shall also order termination of reunification
5services to the parent or legal guardian. The court shall continue
6to permit the parent or legal guardian to visit the child unless it
7 finds that visitation would be detrimental to the child. The court
8shall determine whether reasonable services have been offered or
9provided to the parent or legal guardian. For purposes of this
10subdivision, evidence of any of the following circumstances shall
11not, in and of themselves, be deemed a failure to provide or offer
12reasonable services:

13(1) The child has been placed with a foster family that is eligible
14to adopt a child, or has been placed in a preadoptive home.

15(2) The case plan includes services to make and finalize a
16permanent placement for the child if efforts to reunify fail.

17(3) Services to make and finalize a permanent placement for
18the child, if efforts to reunify fail, are provided concurrently with
19services to reunify the family.

20(b) If the child is not returned to a parent or legal guardian at
21the permanency review hearing and the court determines by clear
22and convincing evidence that the best interests of the child would
23be met by the provision of additional reunification services to a
24parent or legal guardian who is making significant and consistent
25progress in a court-ordered residential substance abuse treatment
26program, abegin delete minorend delete parentbegin insert who was either a minor parent or a
27nonminor dependent parentend insert
at thebegin insert time of theend insert initial hearing making
28significant and consistent progress in establishing a safe home for
29the child’s return, or a parent recently discharged from
30incarceration, institutionalization, or the custody of the United
31States Department of Homeland Security and making significant
32and consistent progress in establishing a safe home for the child’s
33return, the court may continue the case for up to six months for a
34subsequent permanency review hearing, provided that the hearing
35shall occur within 24 months of the date the child was originally
36taken from the physical custody of his or her parent or legal
37guardian. The court shall continue the case only if it finds that
38there is a substantial probability that the child will be returned to
39the physical custody of his or her parent or legal guardian and
40safely maintained in the home within the extended period of time
P18   1or that reasonable services have not been provided to the parent
2or legal guardian. For the purposes of this section, in order to find
3a substantial probability that the child will be returned to the
4physical custody of his or her parent or legal guardian and safely
5maintained in the home within the extended period of time, the
6court shall be required to find all of the following:

7(1) That the parent or legal guardian has consistently and
8regularly contacted and visited with the child.

9(2) That the parent or legal guardian has made significant and
10consistent progress in the prior 18 months in resolving problems
11that led to the child’s removal from the home.

12(3) The parent or legal guardian has demonstrated the capacity
13and ability both to complete the objectives of his or her substance
14abuse treatment plan as evidenced by reports from a substance
15abuse provider as applicable, or complete a treatment plan
16postdischarge from incarceration, institutionalization, or detention,
17or following deportation to his or her country of origin and his or
18her return to the United States, and to provide for the child’s safety,
19protection, physical and emotional well-being, and special needs.

20For purposes of this subdivision, the court’s decision to continue
21the case based on a finding or substantial probability that the child
22will be returned to the physical custody of his or her parent or legal
23guardian is a compelling reason for determining that a hearing
24held pursuant to Section 366.26 is not in the best interests of the
25child.

26The court shall inform the parent or legal guardian that if the
27child cannot be returned home by the subsequent permanency
28review hearing, a proceeding pursuant to Section 366.26 may be
29instituted. The court shall not order that a hearing pursuant to
30Section 366.26 be held unless there is clear and convincing
31evidence that reasonable services have been provided or offered
32to the parent or legal guardian.

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

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

P19   1(B) A review of the amount of and nature of any contact between
2the child and his or her parents and other members of his or her
3extended family since the time of placement. Although the
4extended family of each child shall be reviewed on a case-by-case
5basis, “extended family” for the purposes of this subparagraph
6shall include, but not be limited to, the child’s siblings,
7grandparents, aunts, and uncles.

8(C) An evaluation of the child’s medical, developmental,
9scholastic, mental, and emotional status.

10(D)  A preliminary assessment of the eligibility and commitment
11of any identified prospective adoptive parent or legal guardian,
12particularly the caretaker, to include a social history including
13 screening for criminal records and prior referrals for child abuse
14or neglect, the capability to meet the child’s needs, and the
15understanding of the legal and financial rights and responsibilities
16of adoption and guardianship. If a proposed legal guardian is a
17relative of the minor, the assessment shall also consider, but need
18not be limited to, all of the factors specified in subdivision (a) of
19Section 361.3 and Section 361.4.

20(E) The relationship of the child to any identified prospective
21adoptive parent or legal guardian, the duration and character of
22the relationship, the degree of attachment of the child to the
23prospective relative guardian or adoptive parent, the relative’s or
24adoptive parent’s strong commitment to caring permanently for
25the child, the motivation for seeking adoption or legal guardianship,
26a statement from the child concerning placement and the adoption
27or legal guardianship, and whether the child, if over 12 years of
28 age, has been consulted about the proposed relative guardianship
29arrangements, unless the child’s age or physical, emotional, or
30other condition precludes his or her meaningful response, and if
31so, a description of the condition.

32(F) An analysis of the likelihood that the child will be adopted
33if parental rights are terminated.

34(G) In the case of an Indian child, in addition to subparagraphs
35(A) to (F), inclusive, an assessment of the likelihood that the child
36will be adopted, when, in consultation with the child’s tribe, a
37tribal customary adoption, as defined in Section 366.24, is
38recommended. If tribal customary adoption is recommended, the
39assessment shall include an analysis of both of the following:

P20   1(i) Whether tribal customary adoption would or would not be
2detrimental to the Indian child and the reasons for reaching that
3conclusion.

4(ii) Whether the Indian child cannot or should not be returned
5to the home of the Indian parent or Indian custodian and the reasons
6for reaching that conclusion.

7(2) (A) A relative caregiver’s preference for legal guardianship
8over adoption, if it is due to circumstances that do not include an
9unwillingness to accept legal or financial responsibility for the
10child, shall not constitute the sole basis for recommending removal
11of the child from the relative caregiver for purposes of adoptive
12placement.

13(B) Regardless of his or her immigration status, a relative
14caregiver shall be given information regarding the permanency
15options of guardianship and adoption, including the long-term
16benefits and consequences of each option, prior to establishing
17legal guardianship or pursuing adoption. If the proposed permanent
18plan is guardianship with an approved relative caregiver for a
19minor eligible for aid under the Kin-GAP Program, as provided
20for in Article 4.7 (commencing with Section 11385) of Chapter 2
21of Part 3 of Division 9, the relative caregiver shall be informed
22about the terms and conditions of the negotiated agreement
23pursuant to Section 11387 and shall agree to its execution prior to
24the hearing held pursuant to Section 366.26. A copy of the executed
25negotiated agreement shall be attached to the assessment.

26(d) This section shall become operative January 1, 1999. If at
27any hearing held pursuant to Section 366.26, a legal guardianship
28is established for the minor with an approved relative caregiver,
29and juvenile court dependency is subsequently dismissed, the minor
30shall be eligible for aid under the Kin-GAP Program, as provided
31for in Article 4.5 (commencing with Section 11360) or Article 4.7
32(commencing with Section 11385), as applicable, of Chapter 2 of
33Part 3 of Division 9.

34(e) As used in this section, “relative” means an adult who is
35related to the child by blood, adoption, or affinity within the fifth
36degree of kinship, including stepparents, stepsiblings, and all
37relatives whose status is preceded by the words “great,”
38“great-great,” or “grand,” or the spouse of any of those persons
39even if the marriage was terminated by death or dissolution. If the
40proposed permanent plan is guardianship with an approved relative
P21   1caregiver for a minor eligible for aid under the Kin-GAP Program,
2as provided for in Article 4.7 (commencing with Section 11385)
3of Chapter 2 of Part 3 of Division 9, “relative” as used in this
4section has the same meaning as “relative” as defined in
5subdivision (c) of Section 11391.

6(f) The implementation and operation of the amendments to
7subdivision (a) enacted at the 2005-06 Regular Session shall be
8subject to appropriation through the budget process and by phase,
9as provided in Section 366.35.



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