Amended in Assembly June 14, 2016

Senate Bill No. 316

Introduced by Senator Mitchell

(Principal coauthor: Assembly Member begin delete Levine end delete begin insert Cooley end insert )

begin insert

(Coauthor: Senator Huff)

end insert

February 23, 2015

begin delete An act to amend Section 317 of the Welfare and Institutions Code, relating to dependency proceedings. end delete begin insert An act to amend Section 8712 of the Family Code, to amend Section 1522 of the Health and Safety Code, and to amend Sections 309, 361.4, and 16519.5 of the Welfare and Institutions Code, relating to child placement. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 316, as amended, Mitchell. begin delete Dependency proceedings: counsel. end delete begin insert Placement of children: criminal records check. end insert

begin insert

Existing law requires the State Department of Social Services, before issuing a license or special permit to any person to operate or manage a community care facility, including a foster family home, to secure from an appropriate law enforcement agency a criminal record regarding the applicant, as specified. Existing law requires the department to deny an application if the applicant has been convicted of any crime other than a minor traffic violation unless the applicant has been granted an exemption. Existing law prohibits the department from granting criminal records exemptions if a person has been convicted of certain crimes. Existing law also requires the department to implement a resource family approval process, as specified, that includes a criminal records clearance of all adults residing in, or regularly present in, the home. Existing law makes the criminal records exemption criteria applicable to foster care provider applicants applicable to resource family applicants.

end insert begin insert

This bill would authorize the department, or, in the case of a resource family applicant, an early implementation county, to grant a criminal records exemption for a foster care provider applicant or resource family applicant for certain crimes previously ineligible for exemption. The bill would also require, if a foster care provider applicant or resource family applicant has been convicted of an offense that is not specifically eligible or ineligible for exemption, the criminal history to be considered as part of the foster care provider licensing process or resource family approval process. The bill would require the department to consider all reasonably available information when determining whether to grant criminal records exemptions for any community care facility applicant.

end insert begin insert

Existing law requires the county welfare department, prior to temporarily placing a child with a relative or nonrelative extended family member, to consider the results of a criminal records check, as specified. Existing law also requires the county social worker, prior to placing a child in the home of a relative, or the home of any prospective guardian or other person who is not a licensed or certified foster parent, to consider the results of a criminal records check, as specified. Existing law prohibits these placements if the person has been convicted of any crime other than a minor traffic violation, unless an exemption has been granted, as specified.

end insert begin insert

This bill would authorize placement, or temporary placement, as applicable, of the child pending approval of a criminal records exemption if all parties agree that the placement is in the best interests of the child. The bill would also require, if the person has been convicted of an offense that is not specifically eligible or ineligible for exemption, the criminal history to be considered in determining if the placement is in the best interest of the child.

end insert begin insert

By imposing a higher level of service on county employees, the bill would impose a state-mandated local program.

end insert begin insert

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

end insert begin insert

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

end insert begin delete

Existing law requires the juvenile court to appoint counsel for a child or nonminor dependent in dependency proceedings if he or she is not represented by counsel, unless the court determines that there would be no benefit from the appointment of counsel. Existing law authorizes counsel to be a district attorney, public defender, or other member of the bar who satisfies certain conditions. Existing law authorizes the court to fix the compensation for the services of appointed counsel. Existing law requires the Judicial Council to promulgate rules of court to establish caseload standards, training requirements, and guidelines for appointed counsel.

end delete begin delete

This bill would prohibit counsel representing a child or nonminor dependent in dependency proceedings from having a caseload that exceeds a certain number of clients, as specified. The bill would delete the requirement that the Judicial Council promulgate rules of court to establish caseload standards.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 8712 of the end insert begin insert Family Code end insert begin insert is amended to
read: end insert

8712.  

(a) The department, county adoption agency, or licensed
adoption agency shall require each person who files an application
for adoption to be fingerprinted and shall secure from an
appropriate law enforcement agency any criminal record of that
person to determine whether the person has ever been convicted
of a crime other than a minor traffic violation. The department,
county adoption agency, or licensed adoption agency may also
secure the person’s full criminal record, if any, with the exception
of any convictions for which relief has been granted pursuant to
Section 1203.49 of the Penal Code. begin delete Any end delete begin insert A end insert federal-level criminal
offender record begin delete requests end delete begin insert request end insert to the Department of Justice shall
be submitted with fingerprint images and related information
required by the Department of Justice for the purposes of obtaining
information as to the existence and content of a record of an
out-of-state or federal conviction or arrest of a person or
information regarding any out-of-state or federal crimes or arrests
for which the Department of Justice establishes that the person is
free on bail, or on his or her own recognizance pending trial or
appeal. The Department of Justice shall forward to the Federal
Bureau of Investigation any requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from
the Federal Bureau of Investigation and shall compile and
disseminate a response to the department, county adoption agency,
or licensed adoption agency.

(b) Notwithstanding subdivision (c), the criminal record, if any,
shall be taken into consideration when evaluating the prospective
adoptive parent, and an assessment of the effects of any criminal
history on the ability of the prospective adoptive parent to provide
adequate and proper care and guidance to the child shall be
included in the report to the court.

(c)  begin delete (1) end delete begin delete   end delete The department, county adoption agency, or licensed
adoption agency shall not give final approval for an adoptive
placement in any home in which the prospective adoptive parent
or any adult living in the prospective adoptive home has begin delete either of
the following: end delete begin insert been convicted of an offense for which an exemption
cannot be granted pursuant to subparagraph (C) of paragraph
(1) of subdivision (g) of Section 1522 of the Health and Safety
Code. end insert

begin delete

(A) A felony conviction for child abuse or neglect, spousal
abuse, crimes against a child, including child pornography, or for
a crime involving violence, including rape, sexual assault, or
homicide, but not including other physical assault and battery. For
purposes of this subdivision, crimes involving violence means
those violent crimes contained in clause (i) of subparagraph (A),
and subparagraph (B), of paragraph (1) of subdivision (g) of
Section 1522 of the Health and Safety Code.

(B) A felony conviction that occurred within the last five years
for physical assault, battery, or a drug- or alcohol-related offense.

(2) This subdivision shall become operative on October 1, 2008,
and shall remain operative only to the extent that compliance with
its provisions is required by federal law as a condition of receiving
funding under Title IV-E of the federal Social Security Act (42
U.S.C. Sec. 670 et seq.).

end delete

(d) Any fee charged by a law enforcement agency for
fingerprinting or for checking or obtaining the criminal record of
the applicant shall be paid by the applicant. The department, county
adoption agency, or licensed adoption agency may defer, waive,
or reduce the fee when its payment would cause economic hardship
to prospective adoptive parents detrimental to the welfare of the
adopted child, when the child has been in the foster care of the
prospective adoptive parents for at least one year, or if necessary
for the placement of a special-needs child.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1522 of the end insert begin insert Health and Safety Code end insert begin insert is amended
to read: end insert

1522.  

The Legislature recognizes the need to generate timely
and accurate positive fingerprint identification of applicants as a
condition of issuing licenses, permits, or certificates of approval
for persons to operate or provide direct care services in a
community care facility, foster family home, or a certified family
home of a licensed foster family agency. Therefore, the Legislature
supports the use of the fingerprint live-scan technology, as
identified in the long-range plan of the Department of Justice for
fully automating the processing of fingerprints and other data by
the year 1999, otherwise known as the California Crime
Information Intelligence System (CAL-CII), to be used for
applicant fingerprints. It is the intent of the Legislature in enacting
this section to require the fingerprints of those individuals whose
contact with community care clients may pose a risk to the clients’
health and safety. An individual shall be required to obtain either
a criminal record clearance or a criminal record exemption from
the State Department of Social Services before his or her initial
presence in a community care facility or certified family home.

(a) (1) Before and, as applicable, subsequent to issuing a license
or special permit to any person or persons to operate or manage a
community care facility, the State Department of Social Services
shall secure from an appropriate law enforcement agency a criminal
record to determine whether the applicant or any other person
specified in subdivision (b) has ever been convicted of a crime
other than a minor traffic violation or arrested for any crime
specified in Section 290 of the Penal Code, or for violating Section
245, 273ab, or 273.5 of the Penal Code, subdivision (b) of Section
273a of the Penal Code, or, prior to January 1, 1994, paragraph
(2) of Section 273a of the Penal Code, or for any crime for which
the department is prohibited from granting a criminal record
exemption pursuant to subdivision (g).

(2) The criminal history information shall include the full
criminal record, if any, of those persons, and subsequent arrest
information pursuant to Section 11105.2 of the Penal Code.

(3) Except during the 2003-04 to the 2016-17 fiscal years,
inclusive, neither the Department of Justice nor the State
Department of Social Services may charge a fee for the
fingerprinting of an applicant for a license or special permit to
operate a facility providing nonmedical board, room, and care for
six or less children or for obtaining a criminal record of the
applicant pursuant to this section.

(4) The following shall apply to the criminal record information:

(A) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b), has
been convicted of a crime other than a minor traffic violation, the
application shall be denied, unless the director grants an exemption
pursuant to subdivision (g).

(B) If the State Department of Social Services finds that the
applicant, or any other person specified in subdivision (b), is
awaiting trial for a crime other than a minor traffic violation, the
State Department of Social Services may cease processing the
criminal record information until the conclusion of the trial.

(C) If no criminal record information has been recorded, the
Department of Justice shall provide the applicant and the State
Department of Social Services with a statement of that fact.

(D) If the State Department of Social Services finds after
licensure that the licensee, or any other person specified in
paragraph (1) of subdivision (b), has been convicted of a crime
other than a minor traffic violation, the license may be revoked,
unless the director grants an exemption pursuant to subdivision
(g).

(E) An applicant and any other person specified in subdivision
(b) shall submit fingerprint images and related information to the
Department of Justice for the purpose of searching the criminal
records of the Federal Bureau of Investigation, in addition to the
criminal records search required by this subdivision. If an applicant
and all other persons described in subdivision (b) meet all of the
conditions for licensure, except receipt of the Federal Bureau of
Investigation’s criminal offender record information search
response for the applicant or any of the persons described in
subdivision (b), the department may issue a license if the applicant
and each person described in subdivision (b) has signed and
submitted a statement that he or she has never been convicted of
a crime in the United States, other than a traffic infraction, as
prescribed in paragraph (1) of subdivision (a) of Section 42001 of
the Vehicle Code. If, after licensure, or the issuance of a certificate
of approval of a certified family home by a foster family agency,
the department determines that the licensee or any other person
specified in subdivision (b) has a criminal record, the department
may revoke the license, or require a foster family agency to revoke
the certificate of approval, pursuant to Section 1550. The
department may also suspend the license or require a foster family
agency to suspend the certificate of approval pending an
administrative hearing pursuant to Section 1550.5.

(F) The State Department of Social Services shall develop
procedures to provide the individual’s state and federal criminal
history information with the written notification of his or her
exemption denial or revocation based on the criminal record.
Receipt of the criminal history information shall be optional on
the part of the individual, as set forth in the agency’s procedures.
The procedure shall protect the confidentiality and privacy of the
individual’s record, and the criminal history information shall not
be made available to the employer.

(G) Notwithstanding any other law, the department is authorized
to provide an individual with a copy of his or her state or federal
level criminal offender record information search response as
provided to that department by the Department of Justice if the
department has denied a criminal background clearance based on
this information and the individual makes a written request to the
department for a copy specifying an address to which it is to be
sent. The state or federal level criminal offender record information
search response shall not be modified or altered from its form or
content as provided by the Department of Justice and shall be
provided to the address specified by the individual in his or her
written request. The department shall retain a copy of the
individual’s written request and the response and date provided.

(b) (1) In addition to the applicant, this section shall be
applicable to criminal record clearances and exemptions for the
following persons:

(A) Adults responsible for administration or direct supervision
of staff.

(B) Any person, other than a client, residing in the facility or
certified family home.

(C) Any person who provides client assistance in dressing,
grooming, bathing, or personal hygiene. Any nurse assistant or
home health aide meeting the requirements of Section 1338.5 or
1736.6, respectively, who is not employed, retained, or contracted
by the licensee, and who has been certified or recertified on or
after July 1, 1998, shall be deemed to meet the criminal record
clearance requirements of this section. A certified nurse assistant
and certified home health aide who will be providing client
assistance and who falls under this exemption shall provide one
copy of his or her current certification, prior to providing care, to
the community care facility. The facility shall maintain the copy
of the certification on file as long as care is being provided by the
certified nurse assistant or certified home health aide at the facility
or certified family home. Nothing in this paragraph restricts the
right of the department to exclude a certified nurse assistant or
certified home health aide from a licensed community care facility
or certified family home pursuant to Section 1558.

(D) Any staff person, volunteer, or employee who has contact
with the clients.

(E) If the applicant is a firm, partnership, association, or
corporation, the chief executive officer or other person serving in
like capacity.

(F) Additional officers of the governing body of the applicant,
or other persons with a financial interest in the applicant, as
determined necessary by the department by regulation. The criteria
used in the development of these regulations shall be based on the
person’s capability to exercise substantial influence over the
operation of the facility.

(2) The following persons are exempt from the requirements
applicable under paragraph (1):

(A) A medical professional as defined in department regulations
who holds a valid license or certification from the person’s
governing California medical care regulatory entity and who is
not employed, retained, or contracted by the licensee if all of the
following apply:

(i) The criminal record of the person has been cleared as a
condition of licensure or certification by the person’s governing
California medical care regulatory entity.

(ii) The person is providing time-limited specialized clinical
care or services.

(iii) The person is providing care or services within the person’s
scope of practice.

(iv) The person is not a community care facility licensee or an
employee of the facility.

(B) A third-party repair person or similar retained contractor if
all of the following apply:

(i) The person is hired for a defined, time-limited job.

(ii) The person is not left alone with clients.

(iii) When clients are present in the room in which the repair
person or contractor is working, a staff person who has a criminal
record clearance or exemption is also present.

(C) Employees of a licensed home health agency and other
members of licensed hospice interdisciplinary teams who have a
contract with a client or resident of the facility and are in the
facility at the request of that client or resident’s legal
decisionmaker. The exemption does not apply to a person who is
a community care facility licensee or an employee of the facility.

(D) Clergy and other spiritual caregivers who are performing
services in common areas of the community care facility or who
are advising an individual client at the request of, or with the
permission of, the client or legal decisionmaker, are exempt from
fingerprint and criminal background check requirements imposed
by community care licensing. This exemption does not apply to a
person who is a community care licensee or employee of the
facility.

(E) Members of fraternal, service, or similar organizations who
conduct group activities for clients if all of the following apply:

(i) Members are not left alone with clients.

(ii) Members do not transport clients off the facility premises.

(iii) The same organization does not conduct group activities
for clients more often than defined by the department’s regulations.

(3) In addition to the exemptions in paragraph (2), the following
persons in foster family homes, certified family homes, and small
family homes are exempt from the requirements applicable under
paragraph (1):

(A) Adult friends and family of the licensed or certified foster
parent, who come into the home to visit for a length of time no
longer than defined by the department in regulations, provided
that the adult friends and family of the licensee or certified parent
are not left alone with the foster children. However, the licensee
or certified parent, acting as a reasonable and prudent parent, as
defined in paragraph (2) of subdivision (a) of Section 362.04 of
the Welfare and Institutions Code, may allow his or her adult
friends and family to provide short-term care to the foster child
and act as an appropriate occasional short-term babysitter for the
child.

(B) Parents of a foster child’s friend when the foster child is
visiting the friend’s home and the friend, licensed or certified foster
parent, or both are also present. However, the licensee or certified
parent, acting as a reasonable and prudent parent, may allow the
parent of the foster child’s friend to act as an appropriate short-term
babysitter for the child without the friend being present.

(C) Individuals who are engaged by any licensed or certified
foster parent to provide short-term care to the child for periods not
to exceed 24 hours. Caregivers shall use a reasonable and prudent
parent standard in selecting appropriate individuals to act as
appropriate occasional short-term babysitters.

(4) In addition to the exemptions specified in paragraph (2), the
following persons in adult day care and adult day support centers
are exempt from the requirements applicable under paragraph (1):

(A) Unless contraindicated by the client’s individualized
program plan (IPP) or needs and service plan, a spouse, significant
other, relative, or close friend of a client, or an attendant or a
facilitator for a client with a developmental disability if the
attendant or facilitator is not employed, retained, or contracted by
the licensee. This exemption applies only if the person is visiting
the client or providing direct care and supervision to the client.

(B) A volunteer if all of the following applies:

(i) The volunteer is supervised by the licensee or a facility
employee with a criminal record clearance or exemption.

(ii) The volunteer is never left alone with clients.

(iii) The volunteer does not provide any client assistance with
dressing, grooming, bathing, or personal hygiene other than
washing of hands.

(5) (A) In addition to the exemptions specified in paragraph
(2), the following persons in adult residential and social
rehabilitation facilities, unless contraindicated by the client’s
individualized program plan (IPP) or needs and services plan, are
exempt from the requirements applicable under paragraph (1): a
spouse, significant other, relative, or close friend of a client, or an
attendant or a facilitator for a client with a developmental disability
if the attendant or facilitator is not employed, retained, or
contracted by the licensee. This exemption applies only if the
person is visiting the client or providing direct care and supervision
to that client.

(B) Nothing in this subdivision shall prevent a licensee from
requiring a criminal record clearance of any individual exempt
from the requirements of this section, provided that the individual
has client contact.

(6) Any person similar to those described in this subdivision,
as defined by the department in regulations.

(c) (1) Subsequent to initial licensure, a person specified in
subdivision (b) who is not exempted from fingerprinting shall
obtain either a criminal record clearance or an exemption from
disqualification pursuant to subdivision (g) from the State
Department of Social Services prior to employment, residence, or
initial presence in the facility. A person specified in subdivision
(b) who is not exempt from fingerprinting shall be fingerprinted
and shall sign a declaration under penalty of perjury regarding any
prior criminal convictions. The licensee shall submit fingerprint
images and related information to the Department of Justice and
the Federal Bureau of Investigation, through the Department of
Justice, for a state and federal level criminal offender record
information search, or comply with paragraph (1) of subdivision
(h). These fingerprint images and related information shall be sent
by electronic transmission in a manner approved by the State
Department of Social Services and the Department of Justice for
the purpose of obtaining a permanent set of fingerprints, and shall
be submitted to the Department of Justice by the licensee. A
licensee’s failure to prohibit the employment, residence, or initial
presence of a person specified in subdivision (b) who is not exempt
from fingerprinting and who has not received either a criminal
record clearance or an exemption from disqualification pursuant
to subdivision (g) or to comply with paragraph (1) of subdivision
(h), as required in this section, shall result in the citation of a
deficiency and the immediate assessment of civil penalties in the
amount of one hundred dollars ($100) per violation per day for a
maximum of five days, unless the violation is a second or
subsequent violation within a 12-month period in which case the
civil penalties shall be in the amount of one hundred dollars ($100)
per violation for a maximum of 30 days, and shall be grounds for
disciplining the licensee pursuant to Section 1550. The department
may assess civil penalties for continued violations as permitted by
Section 1548. The fingerprint images and related information shall
then be submitted to the Department of Justice for processing.
Upon request of the licensee, who shall enclose a self-addressed
stamped postcard for this purpose, the Department of Justice shall
verify receipt of the fingerprints.

(2) Within 14 calendar days of the receipt of the fingerprint
images, the Department of Justice shall notify the State Department
of Social Services of the criminal record information, as provided
for in subdivision (a). If no criminal record information has been
recorded, the Department of Justice shall provide the licensee and
the State Department of Social Services with a statement of that
fact within 14 calendar days of receipt of the fingerprint images.
Documentation of the individual’s clearance or exemption from
disqualification shall be maintained by the licensee and be available
for inspection. If new fingerprint images are required for
processing, the Department of Justice shall, within 14 calendar
days from the date of receipt of the fingerprints, notify the licensee
that the fingerprints were illegible, the Department of Justice shall
notify the State Department of Social Services, as required by
Section 1522.04, and shall also notify the licensee by mail, within
14 days of electronic transmission of the fingerprints to the
Department of Justice, if the person has no criminal history
recorded. A violation of the regulations adopted pursuant to Section
1522.04 shall result in the citation of a deficiency and an immediate
assessment of civil penalties in the amount of one hundred dollars
($100) per violation per day for a maximum of five days, unless
the violation is a second or subsequent violation within a 12-month
period in which case the civil penalties shall be in the amount of
one hundred dollars ($100) per violation for a maximum of 30
days, and shall be grounds for disciplining the licensee pursuant
to Section 1550. The department may assess civil penalties for
continued violations as permitted by Section 1548.

(3) Except for persons specified in subdivision (b) who are
exempt from fingerprinting, the licensee shall endeavor to ascertain
the previous employment history of persons required to be
fingerprinted. If it is determined by the State Department of Social
Services, on the basis of the fingerprint images and related
information submitted to the Department of Justice, that subsequent
to obtaining a criminal record clearance or exemption from
disqualification pursuant to subdivision (g), the person has been
convicted of, or is awaiting trial for, a sex offense against a minor,
or has been convicted for an offense specified in Section 243.4,
273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony,
the State Department of Social Services shall notify the licensee
to act immediately to terminate the person’s employment, remove
the person from the community care facility, or bar the person
from entering the community care facility. The State Department
of Social Services may subsequently grant an exemption from
disqualification pursuant to subdivision (g). If the conviction or
arrest was for another crime, except a minor traffic violation, the
licensee shall, upon notification by the State Department of Social
Services, act immediately to either (A) terminate the person’s
employment, remove the person from the community care facility,
or bar the person from entering the community care facility; or
(B) seek an exemption from disqualification pursuant to subdivision
(g). The State Department of Social Services shall determine if
the person shall be allowed to remain in the facility until a decision
on the exemption from disqualification is rendered. A licensee’s
failure to comply with the department’s prohibition of employment,
contact with clients, or presence in the facility as required by this
paragraph shall result in a citation of deficiency and an immediate
assessment of civil penalties in the amount of one hundred dollars
($100) per violation per day and shall be grounds for disciplining
the licensee pursuant to Section 1550.

(4) The department may issue an exemption from
disqualification on its own motion pursuant to subdivision (g) if
the person’s criminal history indicates that the person is of good
character based on the age, seriousness, and frequency of the
conviction or convictions. The department, in consultation with
interested parties, shall develop regulations to establish the criteria
to grant an exemption from disqualification pursuant to this
paragraph.

(5) Concurrently with notifying the licensee pursuant to
paragraph (3), the department shall notify the affected individual
of his or her right to seek an exemption from disqualification
pursuant to subdivision (g). The individual may seek an exemption
from disqualification only if the licensee terminates the person’s
employment or removes the person from the facility after receiving
notice from the department pursuant to paragraph (3).

(d) (1) Before and, as applicable, subsequent to issuing a license
or certificate of approval to any person or persons to operate a
foster family home or certified family home as described in Section
1506, the State Department of Social Services or other approving
authority shall secure California and Federal Bureau of
Investigation criminal history information to determine whether
the applicant or any person specified in subdivision (b) who is not
exempt from fingerprinting has ever been convicted of a crime
other than a minor traffic violation or arrested for any crime
specified in subdivision (c) of Section 290 of the Penal Code, for
violating Section 245, 273ab, or 273.5, subdivision (b) of Section
273a, or, prior to January 1, 1994, paragraph (2) of Section 273a,
of the Penal Code, or for any crime for which the department is
prohibited from granting a criminal record exemption pursuant to
subdivision (g). The State Department of Social Services or other
approving authority shall not issue a license or certificate of
approval to any foster family home or certified family home
applicant who has not obtained both a California and Federal
Bureau of Investigation criminal record clearance or exemption
from disqualification pursuant to subdivision (g).

(2) The criminal history information shall include the full
criminal record, if any, of those persons.

(3) Neither the Department of Justice nor the State Department
of Social Services may charge a fee for the fingerprinting of an
applicant for a license, special permit, or certificate of approval
described in this subdivision. The record, if any, shall be taken
into consideration when evaluating a prospective applicant.

(4) The following shall apply to the criminal record information:

(A) If the applicant or other persons specified in subdivision
(b) who are not exempt from fingerprinting have convictions that
would make the applicant’s home unfit as a foster family home or
a certified family home, the license, special permit, certificate of
approval, or presence shall be denied.

(B) If the State Department of Social Services finds that the
applicant, or any person specified in subdivision (b) who is not
exempt from fingerprinting is awaiting trial for a crime other than
a minor traffic violation, the State Department of Social Services
or other approving authority may cease processing the criminal
record information until the conclusion of the trial.

(C) For purposes of this subdivision, a criminal record clearance
provided under Section 8712 of the Family Code may be used by
the department or other approving agency.

(D) To the same extent required for federal funding, an applicant
for a foster family home license or for certification as a family
home, and any other person specified in subdivision (b) who is
not exempt from fingerprinting, shall submit a set of fingerprint
images and related information to the Department of Justice and
the Federal Bureau of Investigation, through the Department of
Justice, for a state and federal level criminal offender record
information search, in addition to the criminal records search
required by subdivision (a).

(5) Any person specified in this subdivision shall, as a part of
the application, be fingerprinted and sign a declaration under
penalty of perjury regarding any prior criminal convictions or
arrests for any crime against a child, spousal or cohabitant abuse,
or any crime for which the department cannot grant an exemption
if the person was convicted and shall submit these fingerprints to
the licensing agency or other approving authority.

(6) (A) Subsequent to initial licensure or certification, a person
specified in subdivision (b) who is not exempt from fingerprinting
shall obtain both a California and Federal Bureau of Investigation
criminal record clearance, or an exemption from disqualification
pursuant to subdivision (g), prior to employment, residence, or
initial presence in the foster family or certified family home. A
foster family home licensee or foster family agency shall submit
fingerprint images and related information of persons specified in
subdivision (b) who are not exempt from fingerprinting to the
Department of Justice and the Federal Bureau of Investigation,
through the Department of Justice, for a state and federal level
criminal offender record information search, or to comply with
paragraph (1) of subdivision (h). A foster family home licensee’s
or a foster family agency’s failure to either prohibit the
employment, residence, or initial presence of a person specified
in subdivision (b) who is not exempt from fingerprinting and who
has not received either a criminal record clearance or an exemption
from disqualification pursuant to subdivision (g), or comply with
paragraph (1) of subdivision (h), as required in this section, shall
result in a citation of a deficiency, and the immediate civil penalties
of one hundred dollars ($100) per violation per day for a maximum
of five days, unless the violation is a second or subsequent violation
within a 12-month period in which case the civil penalties shall
be in the amount of one hundred dollars ($100) per violation for
a maximum of 30 days, and shall be grounds for disciplining the
licensee pursuant to Section 1550. A violation of the regulation
adopted pursuant to Section 1522.04 shall result in the citation of
a deficiency and an immediate assessment of civil penalties in the
amount of one hundred dollars ($100) per violation per day for a
maximum of five days, unless the violation is a second or
subsequent violation within a 12-month period in which case the
civil penalties shall be in the amount of one hundred dollars ($100)
per violation for a maximum of 30 days, and shall be grounds for
disciplining the foster family home licensee or the foster family
agency pursuant to Section 1550. The State Department of Social
Services may assess penalties for continued violations, as permitted
by Section 1548. The fingerprint images shall then be submitted
to the Department of Justice for processing.

(B) Upon request of the licensee, who shall enclose a
self-addressed envelope for this purpose, the Department of Justice
shall verify receipt of the fingerprints. Within five working days
of the receipt of the criminal record or information regarding
criminal convictions from the Department of Justice, the
department shall notify the applicant of any criminal arrests or
convictions. If no arrests or convictions are recorded, the
Department of Justice shall provide the foster family home licensee
or the foster family agency with a statement of that fact concurrent
with providing the information to the State Department of Social
Services.

(7) If the State Department of Social Services or other approving
authority finds that the applicant, or any other person specified in
subdivision (b) who is not exempt from fingerprinting, has been
convicted of a crime other than a minor traffic violation, the
application or presence shall be denied, unless the director grants
an exemption from disqualification pursuant to subdivision (g).

(8) If the State Department of Social Services or other approving
authority finds after licensure or the granting of the certificate of
approval that the licensee, certified foster parent, or any other
person specified in subdivision (b) who is not exempt from
fingerprinting, has been convicted of a crime other than a minor
traffic violation, the license or certificate of approval may be
revoked by the department or the foster family agency, whichever
is applicable, unless the director grants an exemption from
disqualification pursuant to subdivision (g). A licensee’s failure
to comply with the department’s prohibition of employment,
contact with clients, or presence in the facility as required by
paragraph (3) of subdivision (c) shall be grounds for disciplining
the licensee pursuant to Section 1550.

(e) (1) The State Department of Social Services shall not use
a record of arrest to deny, revoke, or terminate any application,
license, employment, or residence unless the department
investigates the incident and secures evidence, whether or not
related to the incident of arrest, that is admissible in an
administrative hearing to establish conduct by the person that may
pose a risk to the health and safety of any person who is or may
become a client.

(2) The department shall not issue a criminal record clearance
to a person who has been arrested for any crime specified in Section
290 of the Penal Code, or for violating Section 245, 273ab, or
273.5, or subdivision (b) of Section 273a, of the Penal Code, or,
prior to January 1, 1994, paragraph (2) of Section 273a of the Penal
Code, or for any crime for which the department is prohibited from
granting a criminal record exemption pursuant to subdivision (g),
prior to the department’s completion of an investigation pursuant
to paragraph (1).

(3) The State Department of Social Services is authorized to
obtain any arrest or conviction records or reports from any law
enforcement agency as necessary to the performance of its duties
to inspect, license, and investigate community care facilities and
individuals associated with a community care facility.

(f) (1) For purposes of this section or any other provision of
this chapter, a conviction means a plea or verdict of guilty or a
conviction following a plea of nolo contendere. Any action that
the State Department of Social Services is permitted to take
following the establishment of a conviction may be taken when
the time for appeal has elapsed, when the judgment of conviction
has been affirmed on appeal, or when an order granting probation
is made suspending the imposition of sentence, notwithstanding
a subsequent order pursuant to Sections 1203.4 and 1203.4a of the
Penal Code permitting the person to withdraw his or her plea of
guilty and to enter a plea of not guilty, or setting aside the verdict
of guilty, or dismissing the accusation, information, or indictment.
For purposes of this section or any other provision of this chapter,
the record of a conviction, or a copy thereof certified by the clerk
of the court or by a judge of the court in which the conviction
occurred, shall be conclusive evidence of the conviction. For
purposes of this section or any other provision of this chapter, the
arrest disposition report certified by the Department of Justice, or
documents admissible in a criminal action pursuant to Section
969b of the Penal Code, shall be prima facie evidence of the
conviction, notwithstanding any other law prohibiting the
admission of these documents in a civil or administrative action.

(2) For purposes of this section or any other provision of this
chapter, the department shall consider criminal convictions from
another state or federal court as if the criminal offense was
committed in this state.

(g) (1)  begin delete After end delete begin insert Except as otherwise provided in this subdivision
with respect to a foster care provider applicant or resource family
applicant, after end insert review of the record, the director may grant an
exemption from disqualification for a license or special permit as
specified in paragraph (4) of subdivision (a), or for a license,
special permit, or certificate of approval as specified in paragraphs
(4), (7), and (8) of subdivision (d), or for employment, residence,
or presence in a community care facility as specified in paragraphs
(3), (4), and (5) of subdivision (c), if the director has substantial
and convincing evidence to support a reasonable belief that the
applicant and the person convicted of the crime, if other than the
applicant, are of good character as to justify issuance of the license
or special permit or granting an exemption for purposes of
subdivision (c). Except as otherwise provided in this subdivision,
an exemption shall not be granted pursuant to this subdivision if
the conviction was for begin delete any end delete begin insert either end insert of the following offenses:

(A) (i) An offense specified in Section 220, 243.4, or 264.1,
subdivision (a) of Section 273a, or, prior to January 1, 1994,
paragraph (1) of Section 273a, Section 273ab, 273d, 288, or 289,
subdivision (c) of Section 290, or Section 368, of the Penal Code,
or was a conviction of another crime against an individual specified
in subdivision (c) of Section 667.5 of the Penal Code.

(ii) Notwithstanding clause (i), the director may grant an
exemption regarding the conviction for an offense described in
paragraph (1), (2), (7), or (8) of subdivision (c) of Section 667.5
of the Penal Code, if the employee or prospective employee has
been rehabilitated as provided in Section 4852.03 of the Penal
Code, has maintained the conduct required in Section 4852.05 of
the Penal Code for at least 10 years, and has the recommendation
of the district attorney representing the employee’s county of
residence, or if the employee or prospective employee has received
a certificate of rehabilitation pursuant to Chapter 3.5 (commencing
with Section 4852.01) of Title 6 of Part 3 of the Penal Code. This
clause shall not apply to foster care providers, including relative
caregivers, nonrelated extended family members, or any other
person specified in subdivision (b), in those homes where the
individual has been convicted of an offense described in paragraph
(1) of subdivision (c) of Section 667.5 of the Penal Code.

(B) A felony offense specified in Section 729 of the Business
and Professions Code or Section 206 or 215, subdivision (a) of
Section 347, subdivision (b) of Section 417, or subdivision (a) of
Section 451 of the Penal Code.

begin delete

(C) Under no circumstances shall an exemption be granted
pursuant to this subdivision to any foster

end delete

begin insert (2) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert begin insert For a foster end insert care provider applicant begin insert or a resource family
applicant, an exemption shall not be granted end insert if that applicant, or
any other person specified in subdivision (b) in begin delete those homes, end delete begin insert the
applicant’s home, end insert has a felony conviction for either of the
following offenses:

(i) A felony conviction for child abuse or neglect, spousal abuse,
crimes against a child, including child pornography, or for a crime
involving violence, including rape, sexual assault, or homicide, begin insert or
any offense described in subdivision (c) of Section 667.5 of the
Penal Code, end insert but not including other physical assault and battery.

begin delete For purposes of this subparagraph, a crime involving violence
means a violent crime specified in clause (i) of subparagraph (A),
or subparagraph (B). end delete

(ii) A felony conviction, within the last five years, for physical
assault, battery, or a drug- or alcohol-related offense.

(iii) This subparagraph shall not apply to licenses or approvals
wherein a caregiver was granted an exemption to a criminal
conviction described in clause (i) or (ii) prior to the enactment of
this subparagraph.

(iv) This subparagraph shall remain operative only to the extent
that compliance with its provisions is required by federal law as
a condition for receiving funding under Title IV-E of the federal
Social Security Act (42 U.S.C. Sec. 670 et seq.).

begin insert

(B) If a foster care provider applicant, resource family
applicant, or any other person specified in subdivision (b) in the
applicant’s home has been convicted of any of the following
offenses, except when that offense is also described in
subparagraph (A), the department shall determine whether to grant
an exemption:

end insert begin insert

(i) Any felony or misdemeanor conviction for willful harm or
injury to a child as defined in Section 273a of the Penal Code,
elder abuse as defined by Section 368 of the Penal Code, sexual
abuse or exploitation by a licensed professional as defined by
Section 729 of the Business and Professions Code, any offense
involving child sexual abuse, assault, or exploitation, as defined
in Section 11165.1 of the Penal Code, or any offense for which
registration is required pursuant to subdivision (c) of Section 290
of the Penal Code.

end insert begin insert

(ii) Any misdemeanor conviction within the last five years.

end insert begin insert

(iii) Any felony conviction within the last seven years.

end insert begin insert

(C) If a foster care provider applicant, resource family
applicant, or any other person specified in subdivision (b) in the
applicant’s home has been convicted of an offense not listed in
subparagraph (A) or (B), the criminal history shall be considered
as part of the foster care provider licensing process or resource
family approval process.

end insert begin insert

(D) This paragraph shall not apply to licenses or approvals for
which a caregiver was granted an exemption for a criminal
conviction described in subparagraph (A) prior to the effective
date of the act that added this subparagraph.

end insert begin insert

(3) In determining whether to grant an exemption, the
department shall consider all reasonably available information,
including, but not limited to, the following:

end insert begin insert

(i) The nature of the crime or crimes.

end insert begin insert

(ii) The period of time since the crime was committed.

end insert begin insert

(iii) The number of offenses.

end insert begin insert

(iv) Circumstances surrounding the commission of the crime
indicating the likelihood of future criminal activity.

end insert begin insert

(v) Activities since conviction, including employment,
participation in therapy, education, or treatment.

end insert begin insert

(vi) Whether the person convicted has successfully completed
probation or parole, obtained a certificate of rehabilitation, or
been granted a pardon by the Governor.

end insert begin insert

(vii) Any character references or other evidence submitted by
the applicant.

end insert begin insert

(viii) Whether the person convicted demonstrated honesty and
truthfulness concerning the crime or crimes during the application
and approval process and made reasonable efforts to assist the
department in obtaining records and documents concerning the
crime or crimes.

end insert begin delete

(2)

end delete

begin insert (4) end insert  The department shall not prohibit a person from being
employed or having contact with clients in a facility on the basis
of a denied criminal record exemption request or arrest information
unless the department complies with the requirements of Section
1558.

(h) (1) For purposes of compliance with this section, the
department may permit an individual to transfer a current criminal
record clearance, as defined in subdivision (a), from one facility
to another, as long as the criminal record clearance has been
processed through a state licensing district office, and is being
transferred to another facility licensed by a state licensing district
office. The request shall be in writing to the State Department of
Social Services, and shall include a copy of the person’s driver’s
license or valid identification card issued by the Department of
Motor Vehicles, or a valid photo identification issued by another
state or the United States government if the person is not a
California resident. Upon request of the licensee, who shall enclose
a self-addressed envelope for this purpose, the State Department
of Social Services shall verify whether the individual has a
clearance that can be transferred.

(2) The State Department of Social Services shall hold criminal
record clearances in its active files for a minimum of three years
after an employee is no longer employed at a licensed facility in
order for the criminal record clearance to be transferred.

(3) The following shall apply to a criminal record clearance or
exemption from the department or a county office with
department-delegated licensing authority:

(A) A county office with department-delegated licensing
authority may accept a clearance or exemption from the
department.

(B) The department may accept a clearance or exemption from
any county office with department-delegated licensing authority.

(C) A county office with department-delegated licensing
authority may accept a clearance or exemption from any other
county office with department-delegated licensing authority.

(4) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning
an individual whose criminal record clearance was originally
processed by the department or a county office with
department-delegated licensing authority, all of the following shall
apply:

(A) The Department of Justice shall process a request from the
department or a county office with department-delegated licensing
authority to receive the notice only if all of the following conditions
are met:

(i) The request shall be submitted to the Department of Justice
by the agency to be substituted to receive the notification.

(ii)  The request shall be for the same applicant type as the type
for which the original clearance was obtained.

(iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the
department and the Department of Justice.

(B) (i) On or before January 7, 2005, the department shall notify
the Department of Justice of all county offices that have
department-delegated licensing authority.

(ii) The department shall notify the Department of Justice within
15 calendar days of the date on which a new county office receives
department-delegated licensing authority or a county’s delegated
licensing authority is rescinded.

(C) The Department of Justice shall charge the department, a
county office with department-delegated licensing authority, or a
county child welfare agency with criminal record clearance and
exemption authority, a fee for each time a request to substitute the
recipient agency is received for purposes of this paragraph. This
fee shall not exceed the cost of providing the service.

(5) (A) A county child welfare agency with authority to secure
clearances pursuant to Section 16504.5 of the Welfare and
Institutions Code and to grant exemptions pursuant to Section
361.4 of the Welfare and Institutions Code may accept a clearance
or exemption from another county with criminal record and
exemption authority pursuant to these sections.

(B) With respect to notifications issued by the Department of
Justice pursuant to Section 11105.2 of the Penal Code concerning
an individual whose criminal record clearance was originally
processed by a county child welfare agency with criminal record
clearance and exemption authority, the Department of Justice shall
process a request from a county child welfare agency with criminal
record and exemption authority to receive the notice only if all of
the following conditions are met:

(i) The request shall be submitted to the Department of Justice
by the agency to be substituted to receive the notification.

(ii) The request shall be for the same applicant type as the type
for which the original clearance was obtained.

(iii) The request shall contain all prescribed data elements and
format protocols pursuant to a written agreement between the State
Department of Social Services and the Department of Justice.

(i) The full criminal record obtained for purposes of this section
may be used by the department or by a licensed adoption agency
as a clearance required for adoption purposes.

(j) If a licensee or facility is required by law to deny employment
or to terminate employment of any employee based on written
notification from the state department that the employee has a prior
criminal conviction or is determined unsuitable for employment
under Section 1558, the licensee or facility shall not incur civil
liability or unemployment insurance liability as a result of that
denial or termination.

(k) The State Department of Social Services may charge a fee
for the costs of processing electronic fingerprint images and related
information.

(l) Amendments to this section made in the 1999 portion of the
1999-2000 Regular Session shall be implemented commencing
60 days after the effective date of the act amending this section in
the 1999 portion of the 1999-2000 Regular Session, except that
those provisions for the submission of fingerprints for searching
the records of the Federal Bureau of Investigation shall be
implemented 90 days after the effective date of that act.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 309 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

309.  

(a) Upon delivery to the social worker of a child who has
been taken into temporary custody under this article, the social
worker shall immediately investigate the circumstances of the child
and the facts surrounding the child’s being taken into custody and
attempt to maintain the child with the child’s family through the
provision of services. The social worker shall immediately release
the child to the custody of the child’s parent, guardian, or
responsible relative, regardless of the parent’s, guardian’s, or
relative’s immigration status, unless one or more of the following
conditions exist:

(1) The child has no parent, guardian, or responsible relative;
or the child’s parent, guardian, or responsible relative is not willing
to provide care for the child.

(2) Continued detention of the child is a matter of immediate
and urgent necessity for the protection of the child and there are
no reasonable means by which the child can be protected in his or
her home or the home of a responsible relative.

(3) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the court.

(4) The child has left a placement in which he or she was placed
by the juvenile court.

(5) The parent or other person having lawful custody of the
child voluntarily surrendered physical custody of the child pursuant
to Section 1255.7 of the Health and Safety Code and did not
reclaim the child within the 14-day period specified in subdivision
(e) of that section.

(b) In any case in which there is reasonable cause for believing
that a child who is under the care of a physician and surgeon or a
hospital, clinic, or other medical facility and cannot be immediately
moved and is a person described in Section 300, the child shall be
deemed to have been taken into temporary custody and delivered
to the social worker for the purposes of this chapter while the child
is at the office of the physician and surgeon or the medical facility.

(c) If the child is not released to his or her parent or guardian,
the child shall be deemed detained for purposes of this chapter.

(d) (1) If an able and willing relative, as defined in Section 319,
or an able and willing nonrelative extended family member, as
defined in Section 362.7, is available and requests temporary
placement of the child pending the detention hearing, or after the
detention hearing and pending the dispositional hearing conducted
pursuant to Section 358, the county welfare department shall
initiate an assessment of the relative’s or nonrelative extended
family member’s suitability, which shall include an in-home
inspection to assess the safety of the home and the ability of the
relative or nonrelative extended family member to care for the
child’s needs, and a consideration of the results of a criminal
records check conducted pursuant to subdivision (a) of Section
16504.5 and a check of allegations of prior child abuse or neglect
concerning the relative or nonrelative extended family member
and other adults in the home. A relative’s identification card from
a foreign consulate or foreign passport shall be considered a valid
form of identification for conducting a criminal records check and
fingerprint clearance check under this subdivision. Upon
completion of this assessment, the child may be placed in the
assessed home. For purposes of this paragraph, and except for the
criminal records check conducted pursuant to subdivision (a) of
Section 16504.5, the standards used to determine suitability shall
be the same standards set forth in the regulations for the licensing
of foster family homes.

(2) Immediately following the placement of a child in the home
of a relative or a nonrelative extended family member, the county
welfare department shall evaluate and approve or deny the home
for purposes of AFDC-FC eligibility pursuant to Section 11402.
The standards used to evaluate and grant or deny approval of the
home of the relative and of the home of a nonrelative extended
family member, as described in Section 362.7, shall be the same
standards set forth in regulations for the licensing of foster family
homes which prescribe standards of safety and sanitation for the
physical plant and standards for basic personal care, supervision,
and services provided by the caregiver.

(3) To the extent allowed by federal law, as a condition of
receiving funding under Title IV-E of the federal Social Security
Act (42 U.S.C. Sec. 670 et seq.), if a relative or nonrelative
extended family member meets all other conditions for approval,
except for the receipt of the Federal Bureau of Investigation’s
criminal history information for the relative or nonrelative extended
family member, and other adults in the home, as indicated, the
county welfare department may approve the home and document
that approval, if the relative or nonrelative extended family
member, and each adult in the home, has signed and submitted a
statement that he or she has never been convicted of a crime in the
United States, other than a traffic infraction as defined in paragraph
(1) of subdivision (a) of Section 42001 of the Vehicle Code. If,
after the approval has been granted, the department determines
that the relative or nonrelative extended family member or other
adult in the home has a criminal record, the approval may be
terminated.

(4)  begin insert (A) end insert begin insert   end insert If the criminal records check indicates that the person
has been convicted of begin delete a crime for which the Director of Social
Services cannot grant an exemption under Section 1522 of the
Health and Safety Code, the child shall not be placed in the home.
If the criminal records check indicates that the person has been
convicted of a crime for which the Director of Social Services may
grant an exemption under Section 1522 of the Health and Safety
Code, the child shall not be placed in the home unless a criminal
records exemption has been granted by the county based on
substantial and convincing evidence to support a reasonable belief
that the person with the criminal conviction is of such good
character as to justify the placement and not present a risk of harm
to the child. end delete begin insert an offense described in subparagraph (A) of paragraph
(2) of subdivision (g) of Section 1522 of the Health and Safety
Code, the child shall not be placed in the home. end insert

begin insert

(B) (i) If the criminal records check indicates that the person
has been convicted of an offense described in subparagraph (B)
of paragraph (2) of subdivision (g) of Section 1522 of the Health
and Safety Code, the child shall not be placed in the home unless
a criminal records exemption has been granted under Section 1522
of the Health and Safety Code.

end insert begin insert

(ii) Notwithstanding clause (i), a child may be placed with a
relative or nonrelative extended family member pending a criminal
records exemption if all parties agree that the placement is in the
best interests of the child. If a child has been residing in the home
of a relative or nonrelative extended family member pursuant to
this clause, that fact shall be taken into account when determining
whether the grant a criminal records exemption under Section
1522 of the Health and Safety Code.

end insert begin insert

(C) If the criminal records check indicates that the person has
been convicted of any offense other than an offense described in
subparagraph (A) or (B) of paragraph (2) of subdivision (g) of
Section 1522 of the Health and Safety Code, the county social
worker and the court shall consider the criminal history in
determining whether the placement is in the best interests of the
child.

end insert begin insert

(D) If the criminal records check indicates that the person has
been arrested for any offense described in paragraph (2) of
subdivision (e) of Section 1522 of the Health and Safety Code, the
child shall not be placed in the home until the investigation
required by paragraph (1) of subdivision (e) of Section 1522 of
the Health and Safety Code has been completed and the county
social worker and the court have considered the investigation
results when determining whether the placement is in the best
interests of the child.

end insert

(e) (1) If the child is removed, the social worker shall conduct,
within 30 days, an investigation in order to identify and locate all
grandparents, parents of a sibling of the child, if the parent has
legal custody of the sibling, adult siblings, and other adult relatives
of the child, as defined in paragraph (2) of subdivision (f) of
Section 319, including any other adult relatives suggested by the
parents. As used in this section, “sibling” means a person related
to the identified child by blood, adoption, or affinity through a
common legal or biological parent. The social worker shall provide
to all adult relatives who are located, except when that relative’s
history of family or domestic violence makes notification
inappropriate, within 30 days of removal of the child, written
notification and shall also, whenever appropriate, provide oral
notification, in person or by telephone, of all the following
information:

(A) The child has been removed from the custody of his or her
parent or parents, or his or her guardians.

(B) An explanation of the various options to participate in the
care and placement of the child and support for the child’s family,
including any options that may be lost by failing to respond. The
notice shall provide information about providing care for the child
while the family receives reunification services with the goal of
returning the child to the parent or guardian, how to become a
foster family home or approved relative or nonrelative extended
family member as defined in Section 362.7, and additional services
and support that are available in out-of-home placements. The
notice shall also include information regarding the Kin-GAP
Program (Article 4.5 (commencing with Section 11360) of Chapter
2 of Part 3 of Division 9), the CalWORKs program for approved
relative caregivers (Chapter 2 (commencing with Section 11200)
of Part 3 of Division 9), adoption, and adoption assistance (Chapter
2.1 (commencing with Section 16115) of Part 4 of Division 9), as
well as other options for contact with the child, including, but not
limited to, visitation. The State Department of Social Services, in
consultation with the County Welfare Directors Association of
California and other interested stakeholders, shall develop the
written notice.

(2) The social worker shall also provide the adult relatives
notified pursuant to paragraph (1) with a relative information form
to provide information to the social worker and the court regarding
the needs of the child. The form shall include a provision whereby
the relative may request the permission of the court to address the
court, if the relative so chooses. The Judicial Council, in
consultation with the State Department of Social Services and the
County Welfare Directors Association of California, shall develop
the form.

(3) The social worker shall use due diligence in investigating
the names and locations of the relatives pursuant to paragraph (1),
including, but not limited to, asking the child in an age-appropriate
manner about relatives important to the child, consistent with the
child’s best interest, and obtaining information regarding the
location of the child’s adult relatives. Each county welfare
department shall create and make public a procedure by which
relatives of a child who has been removed from his or her parents
or guardians may identify themselves to the county welfare
department and be provided with the notices required by paragraphs
(1) and (2).

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 361.4 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

361.4.  

(a) Prior to placing a child in the home of a relative, or
the home of any prospective guardian or other person who is not
a licensed or certified foster parent, the county social worker shall
visit the home to ascertain the appropriateness of the placement.

(b) (1) Whenever a child may be placed in the home of a
relative, or the home of any prospective guardian or other person
who is not a licensed or certified foster parent, the court or county
social worker placing the child shall cause a state-level criminal
records check to be conducted by an appropriate government
agency through the California Law Enforcement
Telecommunications System (CLETS) pursuant to Section 16504.5.
The criminal records check shall be conducted with regard to all
persons over 18 years of age living in the home, and on any other
person over 18 years of age, other than professionals providing
professional services to the child, known to the placing entity who
may have significant contact with the child, including any person
who has a familial or intimate relationship with any person living
in the home. A criminal records check may be conducted pursuant
to this section on any person over 14 years of age living in the
home who the county social worker believes may have a criminal
record. Within 10 calendar days following the criminal records
check conducted through the California Law Enforcement
Telecommunications System, the social worker shall ensure that
a fingerprint clearance check of the relative and any other person
whose criminal record was obtained pursuant to this subdivision
is initiated through the Department of Justice to ensure the accuracy
of the criminal records check conducted through the California
Law Enforcement Telecommunications System and shall review
the results of any criminal records check to assess the safety of the
home. The Department of Justice shall forward fingerprint requests
for federal-level criminal history information to the Federal Bureau
of Investigation pursuant to this section.

(2) An identification card from a foreign consulate or foreign
passport shall be considered a valid form of identification for
conducting a criminal records check and fingerprint clearance
check under this subdivision and under subdivision (c).

(c) Whenever a child may be placed in the home of a relative,
or a prospective guardian or other person who is not a licensed or
certified foster parent, the county social worker shall cause a check
of the Child Abuse Central Index pursuant to subdivision (a) of
Section 11170 of the Penal Code to be requested from the
Department of Justice. The Child Abuse Central Index check shall
be conducted on all persons over 18 years of age living in the
home. For any application received on or after January 1, 2008, if
any person in the household is 18 years of age or older and has
lived in another state in the preceding five years, the county social
worker shall check the other state’s child abuse and neglect registry
to the extent required by federal law.

(d) (1) If the results of the California and federal criminal
records check indicates that the person has no criminal record, the
county social worker and court may consider the home of the
relative, prospective guardian, or other person who is not a licensed
or certified foster parent for placement of a child.

(2)  begin insert (A) end insert begin insert   end insert If the criminal records check indicates that the person
has been convicted of begin delete a crime that the Director of Social Services
cannot grant an exemption for under Section 1522 of the Health
and Safety Code, the child shall not be placed in the home. If the
criminal records check indicates that the person has been convicted
of a crime that the Director of Social Services may grant an
exemption for under Section 1522 of the Health and Safety Code,
the child shall not be placed in the home unless a criminal records
exemption has been granted by the county, based on substantial
and convincing evidence to support a reasonable belief that the
person with the criminal conviction is of such good character as
to justify the placement and not present a risk of harm to the child
pursuant to paragraph (3). end delete begin insert an offense described in subparagraph
(A) of paragraph (2) of subdivision (g) of Section 1522 of the
Health and Safety Code, the child shall not be placed in the home. end insert

begin insert

(B) (i) If the criminal records check indicates that the person
has been convicted of an offense described in subparagraph (B)
of paragraph (2) of subdivision (g) of Section 1522 of the Health
and Safety Code, the child shall not be placed in the home unless
a criminal records exemption has been granted under Section 1522
of the Health and Safety Code.

end insert begin insert

(ii) Notwithstanding clause (i), a child may be placed with a
relative or nonrelative extended family member pending a criminal
records exemption if all parties agree that the placement is in the
best interests of the child. If a child has been residing in the home
of a relative or nonrelative extended family member pursuant to
this clause, that fact shall be taken into account when determining
whether the grant a criminal records exemption under Section
1522 of the Health and Safety Code.

end insert begin insert

(C) If the criminal records check indicates that the person has
been convicted of any offense other than an offense described in
subparagraph (A) or (B) of paragraph (2) of subdivision (g) of
Section 1522 of the Health and Safety Code, the social worker and
the court shall consider the criminal history in determining whether
the placement is in the best interests of the child.

end insert begin insert

(D) If the criminal records check indicates that the person has
been arrested for any offense described in paragraph (2) of
subdivision (e) of Section 1522 of the Health and Safety Code, the
child shall not be placed in the home until the investigation
required by paragraph (1) of subdivision (e) of Section 1522 of
the Health and Safety Code has been completed and the county
social worker and the court have considered the investigation
results when determining whether the placement is in the best
interests of the child.

end insert

(3) (A) A county may issue a criminal records exemption only
if that county has been granted permission by the Director of Social
Services to issue criminal records exemptions. The county may
file a request with the Director of Social Services seeking
permission for the county to establish a procedure to evaluate and
grant appropriate individual criminal records exemptions for
persons described in subdivision (b). The director shall grant or
deny the county’s request within 14 days of receipt. The county
shall evaluate individual criminal records in accordance with the
standards and limitations set forth in begin delete paragraph (1) of end delete subdivision
(g) of Section 1522 of the Health and Safety Code, and in no event
shall the county place a child in the home of a person who is
ineligible for an exemption under that provision.

(B) The department shall monitor county implementation of the
authority to grant an exemption under this paragraph to ensure that
the county evaluates individual criminal records and allows or
disallows placements according to the standards set forth in
begin delete paragraph (1) of end delete subdivision (g) of Section 1522 of the Health and
Safety Code.

(4) The department shall conduct an evaluation of the
implementation of paragraph (3) through random sampling of
county exemption decisions.

(5) The State Department of Social Services shall not evaluate
or grant criminal records exemption requests for persons described
in subdivision (b), unless the exemption request is made by an
Indian tribe pursuant to subdivision (f).

(6) If a county has not requested, or has not been granted,
permission by the State Department of Social Services to establish
a procedure to evaluate and grant criminal records exemptions,
the county shall not place a child into the home of a person
described in subdivision (b) if any person residing in the home has
been convicted of a crime other than a minor traffic violation,
except as provided in subdivision (f).

(e) Nothing in this section shall preclude a county from
conducting a criminal background check that the county is
otherwise authorized to conduct using fingerprints.

(f) The State Department of Social Services shall evaluate a
request from an Indian tribe to exempt a crime that is begin delete exemptible end delete
begin insert eligible for exemption end insert under Section 1522 of the Health and Safety
Code, if needed, to allow placement into an Indian home that the
tribe has designated for placement under the federal Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.). However, if the county
with jurisdiction over the child that is the subject of the tribe’s
request has established an approved procedure pursuant to
paragraph (3) of subdivision (d), the tribe may request that the
county evaluate the exemption request. Once a tribe has elected
to have the exemption request reviewed by either the State
Department of Social Services or the county, the exemption
decision may only be made by that entity. Nothing in this
subdivision limits the duty of a county social worker to evaluate
the home for placement or to gather information needed to evaluate
an exemption request.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 16519.5 of the end insert begin insert Welfare and Institutions Code end insert

begin insert is amended to read: end insert

16519.5.  

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

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

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

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

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

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

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

(D) The financial ability within the household to ensure the
stability and financial security of the family.

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

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

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

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

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

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

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

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

begin delete

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

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

end delete begin insert

(II) If the criminal records check indicates that the person has
been convicted of an offense described in subparagraph (A) of
paragraph (2) of subdivision (g) of Section 1522 of the Health and
Safety Code, home approval shall be denied.

end insert begin insert

(III) If the criminal records check indicates that the person has
been convicted of an offense described in subparagraph (B) of
paragraph (2) of subdivision (g) of Section 1522 of the Health and
Safety Code, the child shall not be placed in the home unless a
criminal records exemption has been granted under subclause (V).

end insert begin insert

(IV) If the criminal records check indicates that the person has
been convicted of any crime other than a crime described in
subclause (II) or (III), the criminal history shall be considered in
the psychosocial assessment conducted pursuant to subparagraph
(B) of paragraph (2) in determining whether to approve the home.

end insert begin insert

(V) Exemptions from the criminal records clearance
requirements set forth in this section may be granted by the director
or the early implementation county, if that county has been granted
permission by the director to issue criminal records exemptions
pursuant to Section 361.4, using the exemption criteria currently
used for foster care licensing as specified in subdivision (g) of
Section 1522 of the Health and Safety Code.

end insert begin delete

(iv)

end delete

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

begin delete

(v)

end delete

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

begin insert

(B) Consideration of any substantiated allegations of child
abuse or neglect against either the applicant or any other adult
residing in the home.

end insert begin delete

(B)

end delete

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

begin delete

(C)

end delete

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

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

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

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

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

(A) The applicant shall complete caregiver training.

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

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

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

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

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

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

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

(5) A child may be placed with a relative, as defined in Section
319, or nonrelative extended family member, as defined in Section
362.7, prior to applying as a resource family only on an emergency
basis if all of the following requirements are met:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) Investigating complaints of resource families.

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

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

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

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

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

(D) Investigating unresolved complaints against participating
counties.

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

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

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

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

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

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

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

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

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

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

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

(i) Approving or denying resource family applications.

(ii) Rescinding approvals of resource families.

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

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

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

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

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

(6) Updating resource family approval annually.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(D) Health issues in foster care.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Licensure requirements set forth under the begin insert California end insert
Community Care Facilities begin delete Act, commencing with Section 1500 end delete
begin insert Act (Chapter 3 (commencing with Section 1500) of Division 2 end insert of
the Health and Safety begin delete Code, end delete begin insert Code), end insert and all regulations promulgated
thereto.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin insert

begin insert SEC. 6. end insert   

end insert begin insert

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

end insert

begin delete

SECTION 1.  

Section 317 of the Welfare and Institutions Code
is amended to read:

317.  

(a) (1) If appears to the court that a parent or guardian
of the child desires counsel but is presently financially unable to
afford and cannot for that reason employ counsel, the court may
appoint counsel as provided in this section.

(2) If appears to the court that a parent or Indian custodian in
an Indian child custody proceeding desires counsel but is presently
unable to afford and cannot for that reason employ counsel, the
provisions of Section 1912(b) of Title 25 of the United States Code
and Section 23.13 of Title 25 of the Code of Federal Regulations
shall apply.

(b) If it appears to the court that a parent or guardian of the child
is presently financially unable to afford and cannot for that reason
employ counsel, and the child has been placed in out-of-home
care, or the petitioning agency is recommending that the child be
placed in out-of-home care, the court shall appoint counsel for the
parent or guardian, unless the court finds that the parent or guardian
has made a knowing and intelligent waiver of counsel as provided
in this section.

(c) If a child or nonminor dependent is not represented by
counsel, the court shall appoint counsel for the child or nonminor
dependent, unless the court finds that the child or nonminor
dependent would not benefit from the appointment of counsel. The
court shall state on the record its reasons for that finding. A primary
responsibility of counsel appointed to represent a child or nonminor
dependent pursuant to this section shall be to advocate for the
protection, safety, and physical and emotional well-being of the
child or nonminor dependent. Counsel may be a district attorney,
public defender, or other member of the bar, provided that he or
she does not represent another party or county agency whose
interests conflict with the child’s or nonminor dependent’s interests.
The fact that the district attorney represents the child or nonminor
dependent in a proceeding pursuant to Section 300 as well as
conducts a criminal investigation or files a criminal complaint or
information arising from the same or reasonably related set of facts
as the proceeding pursuant to Section 300 is not in and of itself a
conflict of interest. The court may fix the compensation for the
services of appointed counsel. The appointed counsel shall have
a caseload and training that ensures adequate representation of the
child or nonminor dependent. Counsel representing a child or
nonminor dependent shall not have a caseload that exceeds 77
child or nonminor dependent clients, unless the counsel has the
assistance of, at a minimum, a social worker or investigator who
is employed on a half-time or greater than half-time basis, in which
case the caseload shall not exceed 188 child or nonminor dependent
clients. The Judicial Council shall promulgate rules of court that
establish training requirements and guidelines for appointed
counsel for children and shall adopt rules as required by Section
326.5 no later than July 1, 2001. Those training requirements shall
include instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

(d) Counsel shall represent the parent, guardian, child, or
nonminor dependent at the detention hearing and at all subsequent
proceedings before the juvenile court. Counsel shall continue to
represent the parent, guardian, child, or nonminor dependent unless
relieved by the court upon the substitution of other counsel or for
cause. The representation shall include representing the parent,
guardian, or the child in termination proceedings and in those
proceedings relating to the institution or setting aside of a legal
guardianship. On and after January 1, 2012, in the case of a
nonminor dependent, as described in subdivision (v) of Section
11400, no representation by counsel shall be provided for a parent,
unless the parent is receiving court-ordered family reunification
services.

(e) (1) Counsel shall be charged in general with the
representation of the child’s interests. To that end, counsel shall
make or cause to have made any further investigations that he or
she deems in good faith to be reasonably necessary to ascertain
the facts, including the interviewing of witnesses, and shall
examine and cross-examine witnesses in both the adjudicatory and
dispositional hearings. Counsel may also introduce and examine
his or her own witnesses, make recommendations to the court
concerning the child’s welfare, and participate further in the
proceedings to the degree necessary to adequately represent the
child. When counsel is appointed to represent a nonminor
dependent, counsel is charged with representing the wishes of the
nonminor dependent except when advocating for those wishes
conflicts with the protection or safety of the nonminor dependent.
If the court finds that a nonminor dependent is not competent to
direct counsel, the court shall appoint a guardian ad litem for the
nonminor dependent.

(2) If the child is four years of age or older, counsel shall
interview the child to determine the child’s wishes and assess the
child’s well-being, and shall advise the court of the child’s wishes.
Counsel shall not advocate for the return of the child if, to the best
of his or her knowledge, return of the child conflicts with the
protection and safety of the child.

(3) Counsel shall investigate the interests of the child beyond
the scope of the juvenile proceeding, and report to the court other
interests of the child that may need to be protected by the institution
of other administrative or judicial proceedings. Counsel
representing a child in a dependency proceeding is not required to
assume the responsibilities of a social worker, and is not expected
to provide nonlegal services to the child.

(4) (A) At least once every year, if the list of educational
liaisons is available on the Internet Web site for the State
Department of Education, both of the following shall apply:

(i) Counsel shall provide his or her contact information to the
educational liaison, as described in subdivision (b) of Section
48853.5 of the Education Code, of each local educational agency
serving counsel’s foster child clients in the county of jurisdiction.

(ii) If counsel is part of a firm or organization representing foster
children, the firm or organization may provide its contact
information in lieu of contact information for the individual
counsel. The firm or organization may designate a person or
persons within the firm or organization to receive communications
from educational liaisons.

(B) The child’s caregiver or other person holding the right to
make educational decisions for the child may provide the contact
information of the child’s attorney to the child’s local educational
agency.

(C) Counsel for the child and counsel’s agent may, but are not
required to, disclose to an individual who is being assessed for the
possibility of placement pursuant to Section 361.3 the fact that the
child is in custody, the alleged reasons that the child is in custody,
and the projected likely date for the child’s return home, placement
for adoption, or legal guardianship. Nothing in this paragraph shall
be construed to prohibit counsel from making other disclosures
pursuant to this subdivision, as appropriate.

(5) Nothing in this subdivision shall be construed to permit
counsel to violate a child’s attorney-client privilege.

(6) The changes made to this subdivision during the 2011-12
Regular Session of the Legislature by the act adding subparagraph
(C) of paragraph (4) and paragraph (5) are declaratory of existing
law.

(7) The court shall take whatever appropriate action is necessary
to fully protect the interests of the child.

(f) Either the child or counsel for the child, with the informed
consent of the child if the child is found by the court to be of
sufficient age and maturity to consent, which shall be presumed,
subject to rebuttal by clear and convincing evidence, if the child
is over 12 years of age, may invoke the psychotherapist-client
privilege, physician-patient privilege, and clergyman-penitent
privilege. If the child invokes the privilege, counsel may not waive
it, but if counsel invokes the privilege, the child may waive it.
Counsel shall be the holder of these privileges if the child is found
by the court not to be of sufficient age and maturity to consent.
For the sole purpose of fulfilling his or her obligation to provide
legal representation of the child, counsel shall have access to all
records with regard to the child maintained by a health care facility,
as defined in Section 1545 of the Penal Code, health care providers,
as defined in Section 6146 of the Business and Professions Code,
a physician and surgeon or other health practitioner, as defined in
former Section 11165.8 of the Penal Code, as that section read on
January 1, 2000, or a child care custodian, as defined in former
Section 11165.7 of the Penal Code, as that section read on January
1, 2000. Notwithstanding any other law, counsel shall be given
access to all records relevant to the case that are maintained by
state or local public agencies. All information requested from a
child protective agency regarding a child who is in protective
custody, or from a child’s guardian ad litem, shall be provided to
the child’s counsel within 30 days of the request.

(g) In a county of the third class, if counsel is to be provided to
a child at the county’s expense other than by counsel for the
agency, the court shall first use the services of the public defender
before appointing private counsel. Nothing in this subdivision shall
be construed to require the appointment of the public defender in
any case in which the public defender has a conflict of interest. In
the interest of justice, a court may depart from that portion of the
procedure requiring appointment of the public defender after
making a finding of good cause and stating the reasons therefor
on the record.

(h) In a county of the third class, if counsel is to be appointed
to provide legal counsel for a parent or guardian at the county’s
expense, the court shall first use the services of the alternate public
defender before appointing private counsel. Nothing in this
subdivision shall be construed to require the appointment of the
alternate public defender in any case in which the public defender
has a conflict of interest. In the interest of justice, a court may
depart from that portion of the procedure requiring appointment
of the alternate public defender after making a finding of good
cause and stating the reasons therefor on the record.

end delete