Senate Bill No. 794

Introduced by Committee on Human Services (Senators McGuire (Chair), Berryhill, Hancock, Liu, and Nguyen)

March 3, 2015

An act to add Section 1522.44 to the Health and Safety Code, to amend Sections 11165.1 and 11166 of the Penal Code, and to amend Sections 362.04, 362.05, 10618.6, 11386, 16003, 16118, 16131, 16131.5, and 16501.1 of, and to add Sections 16501.4 and 16501.45 to, the Welfare and Institutions Code, relating to child welfare.

LEGISLATIVE COUNSEL’S DIGEST

SB 794, as introduced, Committee on Human Services. Child welfare services.

(1) Existing law establishes a system of statewide child welfare services, administered by the State Department of Social Services and county child welfare agencies, with the intent that all children are entitled to be safe and free from abuse and neglect.

This bill would require county child welfare agencies, by September 30, 2016, to develop and implement policies and procedures to identify, document, and determine appropriate services for children and youth who are receiving child welfare services pursuant to federal law and are, or are at risk of becoming, victims of commercial sexual exploitation. The bill would also require county child welfare agencies, by July 1, 2016, to develop and implement specific protocols to expeditiously locate any child missing from foster care, as specified. By imposing these requirements on county agencies, this bill would impose a state-mandated local program.

(2) Under existing law, a county social worker develops a case plan that, among other things, identifies the child welfare services that will be provided to a minor or nonminor dependent. Existing law requires the county child welfare agency to give the child a meaningful opportunity to participate in the development of the case plan.

This bill would require county child welfare agencies to develop case plans for youth 14 years of age or older and nonminor dependents in consultation with the youth, and would authorize the youth to choose up to 2 members of the case planning team, as specified. The bill would require that case plans for these youth include a description of specified rights and entitlements, as well as an acknowledgment signed by the youth that he or she was provided with this information. The bill would also require the case plan for a child or nonminor dependent who is, or who is at risk of becoming, the victim of commercial sexual exploitation, to document the services provided to address that issue. By imposing these case planning requirements on county child welfare agencies, this will would impose a state-mandated local program.

(3) Existing law requires a caregiver of a dependent child to use a reasonable and prudent parent standard in determining whether to give permission for a child residing in foster care to participate in extracurricular, enrichment, and social activities.

This bill would require that training for caregivers include knowledge and skills relating to the reasonable and prudent parent standard for participation in age or developmentally appropriate activities. The bill would also require each licensed community care facility that provides care and supervision to children, except licensed foster family homes and certified family homes, to designate at least one onsite staff member to apply the reasonable and prudent parent standard to decisions involving the participation of the child in age or developmentally appropriate activities. To the extent this bill would impose foster parent training requirements on counties, the bill would impose a state-mandated local program.

(4) Existing law requires a county welfare department, county probation department, or the State Department of Social Services to annually obtain a credit report, as specified, for a child in foster care who is 16 years of age or older.

This bill would require that these services be provided to a child in foster care who is 14 years of age or older. By increasing the level of service provided by counties, the bill would impose a state-mandated local program.

(5) Existing law requires the State Department of Social Services to implement a statewide Child Welfare Services/Case Management System to effectively administer and evaluate the state’s child welfare services and foster care programs.

This bill would require the department to ensure that the Child Welfare Services/Case Management System is capable of collecting specified information relating to the number of foster children who are, or are at risk of becoming, victims of commercial sexual exploitation.

(6) The Child Abuse Neglect and Reporting Act makes certain persons mandated reporters, and requires those persons to report to a police department, sheriff’s department, county probation department, or the county welfare department whenever he or she knows or reasonably suspects that a child has been the victim of child abuse or neglect, as specified. Existing law requires the county probation or welfare department to immediately, or as soon as practicably possible, report to the law enforcement agency having jurisdiction over the case, to the agency given the responsibility for investigation of cases of child abuse and neglect, and to the district attorney’s office every known or suspected instance of child abuse or neglect.

This bill would additionally require the county probation or welfare department to report immediately, or in no case later than 24 hours from receipt of the information, any known or suspected instance of child abuse involves an allegation of sexual exploitation, as defined, of a child or youth receiving child welfare services. The bill would also require the county probation or welfare department to make a report to the appropriate law enforcement authority for entry into the National Crime Information Center database of the Federal Bureau of Investigation and to the National Center for Missing and Exploited Children within 24 hours of becoming aware that a child or youth who is receiving child welfare services and who is known or suspected to be the victim of sexual exploitation is missing or has been abducted. By increasing the duties of county probation and welfare departments, this bill would impose a state-mandated local program.

(7) Existing law establishes the Adoption Assistance Program for the purpose of benefiting children residing in foster homes by providing the stability and security of permanent homes. Existing law requires that any savings realized from the change in federal funding for adoption assistance resulting from the enactment of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 be spent for the provision of foster care and adoption services.

This bill would require that at least 30% of that savings be spent on postadoption services, postguardianship services, and services to support and sustain positive permanent outcomes for children who might enter foster care, as specified.

(8) The Kinship Guardianship Assistance Payments for Children (Kin-GAP) Program provides financial assistance to children who are eligible for foster care maintenance payments and are placed in legal guardianship with a relative. Under existing law, termination of the guardianship terminates eligibility for Kin-GAP, unless an alternate kinship guardian or coguardian is appointed, as provided.

This bill would instead provide that if a successor kinship guardian is appointed, the successor guardian is entitled to receive Kin-GAP on behalf of the child if the reason for the appointment is the death or incapacity of the kinship guardian and the successor guardian is named in the kinship guardianship assistance agreement.

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

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

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

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

SECTION 1.  

Section 1522.44 is added to the Health and Safety
Code, to read:

1522.44.  

(a) It is the policy of the state that caregivers of
children in foster care possess knowledge and skills relating to the
reasonable and prudent parent standard, as defined in subdivision
(c) of Section 362.05 of the Welfare and Institutions Code.

(b) Except for licensed foster family homes and certified family
homes, each licensed community care facility that provides care
and supervision to children and operates with staff shall designate
at least one onsite staff member to apply the reasonable and prudent
parent standard to decisions involving the participation of the child
in age or developmentally appropriate activities in accordance with
the requirements of Section 362.05 of the Welfare and Institutions
Code, Section 671(a)(10) of Title 42 of the United States Code,
and the regulations adopted by the department pursuant to this
chapter.

(c) A licensed and certified foster parent or facility staff member,
as described in subdivision (b), shall receive training related to the
reasonable and prudent parent standard that is consistent with
Section 671(a)(24) of Title 42 of the United States Code. This
training shall be included in the training requirements set forth in
Section 1529.2.

(d) This section does not apply to runaway and homeless youth
shelters as defined in paragraph (14) of subdivision (a) of Section
1502.

SEC. 2.  

Section 11165.1 of the Penal Code is amended to read:

11165.1.  

As used in this article, “sexual abuse” means sexual
assault or sexual exploitation as defined by the following:

(a) “Sexual assault” means conduct in violation of one or more
of the following sections: Section 261 (rape), subdivision (d) of
Section 261.5 (statutory rape), 264.1 (rape in concert), 285 (incest),
286 (sodomy), subdivision (a) or (b), or paragraph (1) of
subdivision (c) of Section 288 (lewd or lascivious acts upon a
child), 288a (oral copulation), 289 (sexual penetration), or 647.6
(child molestation).

(b) Conduct described as “sexual assault” includes, but is not
limited to, all of the following:

(1) Penetration, however slight, of the vagina or anal opening
of one person by the penis of another person, whether or not there
is the emission of semen.

(2) Sexual contact between the genitals or anal opening of one
person and the mouth or tongue of another person.

(3) Intrusion by one person into the genitals or anal opening of
another person, including the use of an object for this purpose,
except that, it does not include acts performed for a valid medical
purpose.

(4) The intentional touching of the genitals or intimate parts,
including the breasts, genital area, groin, inner thighs, and buttocks,
or the clothing covering them, of a child, or of the perpetrator by
a child, for purposes of sexual arousal or gratification, except that
it does not include acts which may reasonably be construed to be
normal caretaker responsibilities; interactions with, or
demonstrations of affection for, the child; or acts performed for a
valid medical purpose.

(5) The intentional masturbation of the perpetrator’s genitals in
the presence of a child.

(c) “Sexual exploitation” refers to any of the following:

(1) Conduct involving matter depicting a minor engaged in
obscene acts in violation of Section 311.2 (preparing, selling, or
distributing obscene matter) or subdivision (a) of Section 311.4
(employment of minor to perform obscene acts).

(2) A person who knowingly promotes, aids, or assists, employs,
uses, persuades, induces, or coerces a child, or a person responsible
for a child’s welfare, who knowingly permits or encourages a child
to engage in, or assist others to engage in, prostitution or a live
performance involving obscene sexual conduct, or to either pose
or model alone or with others for purposes of preparing a film,
photograph, negative, slide, drawing, painting, or other pictorial
depiction, involving obscene sexual conduct begin insert , or who sexually
trafficks a child, as described in subdivision (c) of Section 236.1,
or commercially sexually exploits a child, as described in
paragraph (2) of subdivision (b) of Section 300 of the Welfare and
Institutions Code end insert . For the purpose of this section, “person
responsible for a child’s welfare” means a parent, guardian, foster
parent, or a licensed administrator or employee of a public or
private residential home, residential school, or other residential
institution.

(3) A person who depicts a child in, or who knowingly develops,
duplicates, prints, downloads, streams, accesses through any
electronic or digital media, or exchanges, a film, photograph,
videotape, video recording, negative, or slide in which a child is
engaged in an act of obscene sexual conduct, except for those
activities by law enforcement and prosecution agencies and other
persons described in subdivisions (c) and (e) of Section 311.3.

SEC. 3.  

Section 11166 of the Penal Code is amended to read:

11166.  

(a) Except as provided in subdivision (d), and in
Section 11166.05, a mandated reporter shall make a report to an
agency specified in Section 11165.9 whenever the mandated
reporter, in his or her professional capacity or within the scope of
his or her employment, has knowledge of or observes a child whom
the mandated reporter knows or reasonably suspects has been the
victim of child abuse or neglect. The mandated reporter shall make
an initial report by telephone to the agency immediately or as soon
as is practicably possible, and shall prepare and send, fax, or
electronically transmit a written followup report within 36 hours
of receiving the information concerning the incident. The mandated
reporter may include with the report any nonprivileged
documentary evidence the mandated reporter possesses relating
to the incident.

(1) For purposes of this article, “reasonable suspicion” means
that it is objectively reasonable for a person to entertain a suspicion,
based upon facts that could cause a reasonable person in a like
position, drawing, when appropriate, on his or her training and
experience, to suspect child abuse or neglect. “Reasonable
suspicion” does not require certainty that child abuse or neglect
has occurred nor does it require a specific medical indication of
child abuse or neglect; any “reasonable suspicion” is sufficient.
For purposes of this article, the pregnancy of a minor does not, in
and of itself, constitute a basis for a reasonable suspicion of sexual
abuse.

(2) The agency shall be notified and a report shall be prepared
and sent, faxed, or electronically transmitted even if the child has
expired, regardless of whether or not the possible abuse was a
factor contributing to the death, and even if suspected child abuse
was discovered during an autopsy.

(3) A report made by a mandated reporter pursuant to this
section shall be known as a mandated report.

(b) If, after reasonable efforts, a mandated reporter is unable to
submit an initial report by telephone, he or she shall immediately
or as soon as is practicably possible, by fax or electronic
transmission, make a one-time automated written report on the
form prescribed by the Department of Justice, and shall also be
available to respond to a telephone followup call by the agency
with which he or she filed the report. A mandated reporter who
files a one-time automated written report because he or she was
unable to submit an initial report by telephone is not required to
submit a written followup report.

(1) The one-time automated written report form prescribed by
the Department of Justice shall be clearly identifiable so that it is
not mistaken for a standard written followup report. In addition,
the automated one-time report shall contain a section that allows
the mandated reporter to state the reason the initial telephone call
was not able to be completed. The reason for the submission of
the one-time automated written report in lieu of the procedure
prescribed in subdivision (a) shall be captured in the Child Welfare
Services/Case Management System (CWS/CMS). The department
shall work with stakeholders to modify reporting forms and the
CWS/CMS as is necessary to accommodate the changes enacted
by these provisions.

(2) This subdivision shall not become operative until the
CWS/CMS is updated to capture the information prescribed in this
subdivision.

(3) This subdivision shall become inoperative three years after
this subdivision becomes operative or on January 1, 2009,
whichever occurs first.

(4) On the inoperative date of these provisions, a report shall
be submitted to the counties and the Legislature by the State
Department of Social Services that reflects the data collected from
automated one-time reports indicating the reasons stated as to why
the automated one-time report was filed in lieu of the initial
telephone report.

(5) Nothing in this section shall supersede the requirement that
a mandated reporter first attempt to make a report via telephone,
or that agencies specified in Section 11165.9 accept reports from
mandated reporters and other persons as required.

(c) A mandated reporter who fails to report an incident of known
or reasonably suspected child abuse or neglect as required by this
section is guilty of a misdemeanor punishable by up to six months
confinement in a county jail or by a fine of one thousand dollars
($1,000) or by both that imprisonment and fine. If a mandated
reporter intentionally conceals his or her failure to report an
incident known by the mandated reporter to be abuse or severe
neglect under this section, the failure to report is a continuing
offense until an agency specified in Section 11165.9 discovers the
offense.

(d) (1) A clergy member who acquires knowledge or a
reasonable suspicion of child abuse or neglect during a penitential
communication is not subject to subdivision (a). For the purposes
of this subdivision, “penitential communication” means a
communication, intended to be in confidence, including, but not
limited to, a sacramental confession, made to a clergy member
who, in the course of the discipline or practice of his or her church,
denomination, or organization, is authorized or accustomed to hear
those communications, and under the discipline, tenets, customs,
or practices of his or her church, denomination, or organization,
has a duty to keep those communications secret.

(2) Nothing in this subdivision shall be construed to modify or
limit a clergy member’s duty to report known or suspected child
abuse or neglect when the clergy member is acting in some other
capacity that would otherwise make the clergy member a mandated
reporter.

(3) (A) On or before January 1, 2004, a clergy member or any
custodian of records for the clergy member may report to an agency
specified in Section 11165.9 that the clergy member or any
custodian of records for the clergy member, prior to January 1,
1997, in his or her professional capacity or within the scope of his
or her employment, other than during a penitential communication,
acquired knowledge or had a reasonable suspicion that a child had
been the victim of sexual abuse and that the clergy member or any
custodian of records for the clergy member did not previously
report the abuse to an agency specified in Section 11165.9. The
provisions of Section 11172 shall apply to all reports made pursuant
to this paragraph.

(B) This paragraph shall apply even if the victim of the known
or suspected abuse has reached the age of majority by the time the
required report is made.

(C) The local law enforcement agency shall have jurisdiction
to investigate any report of child abuse made pursuant to this
paragraph even if the report is made after the victim has reached
the age of majority.

(e) (1) A commercial film, photographic print, or image
processor who has knowledge of or observes, within the scope of
his or her professional capacity or employment, any film,
photograph, videotape, negative, slide, or any representation of
information, data, or an image, including, but not limited to, any
film, filmstrip, photograph, negative, slide, photocopy, videotape,
video laser disc, computer hardware, computer software, computer
floppy disk, data storage medium, CD-ROM, computer-generated
equipment, or computer-generated image depicting a child under
16 years of age engaged in an act of sexual conduct, shall,
immediately or as soon as practicably possible, telephonically
report the instance of suspected abuse to the law enforcement
agency located in the county in which the images are seen. Within
36 hours of receiving the information concerning the incident, the
reporter shall prepare and send, fax, or electronically transmit a
written followup report of the incident with a copy of the image
or material attached.

(2) A commercial computer technician who has knowledge of
or observes, within the scope of his or her professional capacity
or employment, any representation of information, data, or an
image, including, but not limited to, any computer hardware,
computer software, computer file, computer floppy disk, data
storage medium, CD-ROM, computer-generated equipment, or
computer-generated image that is retrievable in perceivable form
and that is intentionally saved, transmitted, or organized on an
electronic medium, depicting a child under 16 years of age engaged
in an act of sexual conduct, shall immediately, or as soon as
practicably possible, telephonically report the instance of suspected
abuse to the law enforcement agency located in the county in which
the images or material are seen. As soon as practicably possible
after receiving the information concerning the incident, the reporter
shall prepare and send, fax, or electronically transmit a written
followup report of the incident with a brief description of the
images or materials.

(3) For purposes of this article, “commercial computer
technician” includes an employee designated by an employer to
receive reports pursuant to an established reporting process
authorized by subparagraph (B) of paragraph (43) of subdivision
(a) of Section 11165.7.

(4) As used in this subdivision, “electronic medium” includes,
but is not limited to, a recording, CD-ROM, magnetic disk memory,
magnetic tape memory, CD, DVD, thumbdrive, or any other
computer hardware or media.

(5) As used in this subdivision, “sexual conduct” means any of
the following:

(A) Sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex or between humans and animals.

(B) Penetration of the vagina or rectum by any object.

(C) Masturbation for the purpose of sexual stimulation of the
viewer.

(D) Sadomasochistic abuse for the purpose of sexual stimulation
of the viewer.

(E) Exhibition of the genitals, pubic, or rectal areas of a person
for the purpose of sexual stimulation of the viewer.

(f) Any mandated reporter who knows or reasonably suspects
that the home or institution in which a child resides is unsuitable
for the child because of abuse or neglect of the child shall bring
the condition to the attention of the agency to which, and at the
same time as, he or she makes a report of the abuse or neglect
pursuant to subdivision (a).

(g) Any other person who has knowledge of or observes a child
whom he or she knows or reasonably suspects has been a victim
of child abuse or neglect may report the known or suspected
instance of child abuse or neglect to an agency specified in Section
11165.9. For purposes of this section, “any other person” includes
a mandated reporter who acts in his or her private capacity and
not in his or her professional capacity or within the scope of his
or her employment.

(h) When two or more persons, who are required to report,
jointly have knowledge of a known or suspected instance of child
abuse or neglect, and when there is agreement among them, the
telephone report may be made by a member of the team selected
by mutual agreement and a single report may be made and signed
by the selected member of the reporting team. Any member who
has knowledge that the member designated to report has failed to
do so shall thereafter make the report.

(i) (1) The reporting duties under this section are individual,
and no supervisor or administrator may impede or inhibit the
reporting duties, and no person making a report shall be subject
to any sanction for making the report. However, internal procedures
to facilitate reporting and apprise supervisors and administrators
of reports may be established provided that they are not inconsistent
with this article.

(2) The internal procedures shall not require any employee
required to make reports pursuant to this article to disclose his or
her identity to the employer.

(3) Reporting the information regarding a case of possible child
abuse or neglect to an employer, supervisor, school principal,
school counselor, coworker, or other person shall not be a substitute
for making a mandated report to an agency specified in Section
11165.9.

(j)  begin insert (1) end insert begin insert   end insert A county probation or welfare department shall
immediately, or as soon as practicably possible, report by
telephone, fax, or electronic transmission to the law enforcement
agency having jurisdiction over the case, to the agency given the
responsibility for investigation of cases under Section 300 of the
Welfare and Institutions Code, and to the district attorney’s office
every known or suspected instance of child abuse or neglect, as
defined in Section 11165.6, except acts or omissions coming within
subdivision (b) of Section 11165.2, or reports made pursuant to
Section 11165.13 based on risk to a child begin delete which end delete begin insert that end insert relates solely
to the inability of the parent to provide the child with regular care
due to the parent’s substance abuse, which shall be reported only
to the county welfare or probation department. begin insert When the known
or suspected instance of child abuse involves an allegation of
sexual exploitation, as defined in paragraph (2) of subdivision (c)
of Section 11165.1, of a child or youth receiving child welfare
services, the county probation or welfare department shall
immediately, or in no case later than 24 hours from receipt of the
information, report the incident by telephone, fax, or electronic
transmission to the law enforcement agency having jurisdiction
over the case, to the agency responsible for investigating cases
described in Section 300 of the Welfare and Institutions Code, and
to the district attorney’s office. end insert A county probation or welfare
department also shall send, fax, or electronically transmit a written
report thereof within 36 hours of receiving the information
concerning the incident to any agency to which it makes a
telephone report under this subdivision.

begin insert

(2) When a child or youth who is receiving child welfare services
and who is known or suspected to be the victim of sexual
exploitation, as defined in paragraph (2) of subdivision (c) of
Section 11165.1, is missing or has been abducted, the county
probation or welfare department shall immediately, or in no case
later than 24 hours from receipt of the information, report the
incident to the appropriate law enforcement authority for entry
into the National Crime Information Center database of the
Federal Bureau of Investigation and to the National Center for
Missing and Exploited Children.

end insert

(k) A law enforcement agency shall immediately, or as soon as
practicably possible, report by telephone, fax, or electronic
transmission to the agency given responsibility for investigation
of cases under Section 300 of the Welfare and Institutions Code
and to the district attorney’s office every known or suspected
instance of child abuse or neglect reported to it, except acts or
omissions coming within subdivision (b) of Section 11165.2, which
shall be reported only to the county welfare or probation
department. A law enforcement agency shall report to the county
welfare or probation department every known or suspected instance
of child abuse or neglect reported to it which is alleged to have
occurred as a result of the action of a person responsible for the
child’s welfare, or as the result of the failure of a person responsible
for the child’s welfare to adequately protect the minor from abuse
when the person responsible for the child’s welfare knew or
reasonably should have known that the minor was in danger of
abuse. A law enforcement agency also shall send, fax, or
electronically transmit a written report thereof within 36 hours of
receiving the information concerning the incident to any agency
to which it makes a telephone report under this subdivision.

SEC. 4.  

Section 362.04 of the Welfare and Institutions Code
is amended to read:

362.04.  

(a) For purposes of this section:

(1) “Caregiver” means any licensed certified foster parent,
approved relative caregiver, or approved nonrelative extended
family member, or approved resource family.

(2) “Reasonable and prudent parent” or “reasonable and prudent
parent standard” begin delete means the standard characterized by careful and
sensible parental decisions that maintain the child’s health, safety,
and best interest. end delete begin insert has the meaning set forth in subdivision (c) of
Section 362.05. end insert

(3) “Short term” means no more than 24 consecutive hours.

(b) Every caregiver may arrange for occasional short-term
babysitting of their foster child and allow individuals to supervise
the foster child for the purposes set forth in Section 362.05, or on
occasions, including, but not limited to, when the foster parent has
a medical or other health care appointment, grocery or other
shopping, personal grooming appointments, special occasions for
the foster parents, foster parent training classes, school-related
meetings (such as parent-teacher conferences), business meetings,
adult social gatherings, or an occasional evening out by the foster
parent.

(c) Caregivers shall use a reasonable and prudent parent standard
in determining and selecting appropriate babysitters for occasional
short-term use.

(d) The caregiver shall endeavor to provide the babysitter with
the following information before leaving the child for purposes of
short-term care:

(1) Information about the child’s emotional, behavioral, medical
or physical conditions, if any, necessary to provide care for the
child during the time the foster child is being supervised by the
babysitter.

(2) Any medication that should be administered to the foster
child during the time the foster child is being supervised by the
babysitter.

(3) Emergency contact information that is valid during the time
the foster child is being supervised by the babysitter.

(e) Babysitters selected by the caregiver to provide occasional
short-term care to a foster child under the provisions of this section
shall be exempt from any department regulation requiring health
screening or cardiopulmonary resuscitation certification or training.

(f) Each state and local entity shall ensure that private agencies
that provide foster care services to dependent children have policies
consistent with this section. Policies that are not consistent with
this section include those that are incompatible with, contradictory
to, or more restrictive than this section.

SEC. 5.  

Section 362.05 of the Welfare and Institutions Code
is amended to read:

362.05.  

(a)  begin insert (1) end insert begin insert   end insert Every child adjudged a dependent child of
the juvenile court shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. No state or local
regulation or policy may prevent, or create barriers to, participation
in those activities. Each state and local entity shall ensure that
private agencies that provide foster care services to dependent
children have policies consistent with this section and that those
agencies promote and protect the ability of dependent children to
participate in age-appropriate extracurricular, enrichment, and
social activities. A group home administrator, a facility manager,
or his or her responsible designee, and a caregiver, as defined in
paragraph (1) of subdivision (a) of Section 362.04, shall use a
reasonable and prudent parent standard begin delete , as defined in paragraph
(2) of subdivision (a) of Section 362.04, end delete in determining whether
to give permission for a child residing in foster care to participate
in extracurricular, enrichment, and social activities. A group home
administrator, a facility manager, or his or her responsible designee,
and a caregiver shall take reasonable steps to determine the
appropriateness of the activity in consideration of the child’s age,
maturity, and developmental level.

begin insert

(2) Training for caregivers shall include knowledge and skills
relating to the reasonable and prudent parent standard for the
participation of the child in age or developmentally appropriate
activities, consistent with this section and Section 671(a)(24) of
Title 42 of the United States Code.

end insert

(b) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the child
at the group home in applying and using the reasonable and prudent
parent standard.

begin insert

(c) “Reasonable and prudent parent” or “reasonable and
prudent parent standard” means the standard characterized by
careful and sensible parental decisions that maintain the health,
safety, and best interests of a child while at the same time
encouraging the emotional and developmental growth of the child,
that a caregiver shall use when determining whether to allow a
child in foster care under the responsibility of the state to
participate in extracurricular, enrichment, cultural, and social
activities.

end insert

SEC. 6.  

Section 10618.6 of the Welfare and Institutions Code
is amended to read:

10618.6.  

(a) (1) When a child in a foster care placement
reaches his or her begin delete 16th end delete begin insert 14th end insert birthday, and each year thereafter,
while the child is under the jurisdiction of the juvenile court, the
county welfare department, county probation department, or, if an
automated process is available, the State Department of Social
Services, shall inquire of each of the three major credit reporting
agencies as to whether the child has any consumer credit history.

(2) If the State Department of Social Services makes the inquiry,
it shall notify the county welfare department or county probation
department in the county having jurisdiction over the child of the
results of that inquiry.

(3) Pursuant to the federal Child and Family Services
Improvement and Innovation Act of 2011 and the federal Fair
Credit Reporting Act, if an inquiry performed pursuant to this
subdivision indicates that a child has a consumer credit history
with any major credit reporting agency, the responsible county
welfare department or county probation department shall request
a consumer credit report from that credit reporting agency.

(b) For a nonminor dependent, the county welfare department
or county probation department shall assist the young adult, on a
yearly basis while the nonminor dependent is under the jurisdiction
of the juvenile court, with requesting the consumer credit report
from each of the three major credit reporting agencies, pursuant
to the free annual disclosure provision of the federal Fair Credit
Reporting Act.

(c) The county social worker or county probation officer shall
ensure that the child or nonminor dependent receives assistance
with interpreting the consumer credit report and resolving any
inaccuracies. The assistance may include, but is not limited to,
referring the youth to a governmental or nonprofit agency that
provides consumer credit services. This section does not require
the social worker or probation officer to be the individual providing
the direct assistance with interpreting the consumer credit
disclosure or resolving the inaccuracies.

(d) Notwithstanding any other law, in order to make an inquiry
or to request a consumer credit report for youth pursuant to this
section, the county welfare department, county probation
department, or, if an automated process is available, the State
Department of Social Services may release necessary information
to a credit reporting agency.

(e) No later than February 1, 2016, the State Department of
Social Services shall provide information to the Assembly
Committee on Budget, the Senate Budget and Fiscal Review
Committee, and the appropriate legislative policy committees
regarding the implementation of this section, including, but not
limited to, any state and county barriers to obtaining credit reports
as required by the federal Child and Family Services Improvement
and Innovation Act of 2011.

SEC. 7.  

Section 11386 of the Welfare and Institutions Code is
amended to read:

11386.  

Aid shall be provided under this article on behalf of a
child under 18 years of age, and to any eligible youth under 19
years of age, as provided in Section 11403, under all of the
following conditions:

(a) The child satisfies both of the following requirements:

(1) He or she has been removed from his or her home pursuant
to a voluntary placement agreement, or as a result of judicial
determination, including being adjudged a dependent child of the
court, pursuant to Section 300, or a ward of the court, pursuant to
Section 601 or 602, to the effect that continuation in the home
would be contrary to the welfare of the child.

(2) He or she has been eligible for federal foster care
maintenance payments under Article 5 (commencing with Section
11400) while residing for at least six consecutive months in the
approved home of the prospective relative guardian while under
the jurisdiction of the juvenile court or a voluntary placement
agreement.

(b) Being returned to the parental home or adopted are not
appropriate permanency options for the child.

(c) The child demonstrates a strong attachment to the relative
guardian, and the relative guardian has a strong commitment to
caring permanently for the child and, with respect to the child who
has attained 12 years of age, the child has been consulted regarding
the kinship guardianship arrangement.

(d) The child has had a kinship guardianship established
pursuant to Section 360 or 366.26.

(e) The child has had his or her dependency jurisdiction
terminated pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (d) of Section 728, concurrently
or subsequently to the establishment of the kinship guardianship.

(f) If the conditions specified in subdivisions (a) through (e),
inclusive, are met and, subsequent to the termination of dependency
jurisdiction, any parent or person having an interest files with the
juvenile court a petition pursuant to Section 388 to change, modify,
or set aside an order of the court, Kin-GAP payments shall continue
unless and until the juvenile court orders the child removed from
the home of the guardian, terminates the guardianship, or maintains
dependency jurisdiction after the court concludes the hearing on
the petition filed under Section 388.

(g) A child or nonminor former dependent or ward shall be
eligible for Kin-GAP payments if he or she meets one of the
following age criteria:

(1) He or she is under 18 years of age.

(2) He or she is under 21 years of age and has a physical or
mental disability that warrants the continuation of assistance.

(3) Through December 31, 2011, he or she satisfies the
conditions of Section 11403, and on and after January 1, 2012, he
or she satisfies the conditions of Section 11403.01.

(4) He or she satisfies the conditions as described in subdivision
(h).

(h) Effective January 1, 2012, Kin-GAP payments shall continue
for youths who have attained 18 years of age and are under 19
years of age, if they reached 16 years of age before the Kin-GAP
negotiated agreement payments commenced, and as described in
Section 10103.5. Effective January 1, 2013, Kin-GAP payments
shall continue for youths who have attained 18 years of age and
are under 20 years of age, if they reached 16 years of age before
the Kin-GAP negotiated agreement payments commenced, and as
described in Section 10103.5. Effective January 1, 2014, Kin-GAP
payments shall continue for youths who have attained 18 years of
age and are under 21 years of age, if they reached 16 years of age
before the Kin-GAP negotiated agreement payments commenced.
To be eligible for continued payments, the youth shall satisfy one
or more of the conditions specified in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 11403.

(i) Termination of the guardianship with a kinship guardian
shall terminate eligibility for Kin-GAP, unless the conditions of
Section 11403 begin delete apply, provided, however, that if an alternate
guardian or coguardian is end delete begin insert apply. However, if a successor guardian
is end insert appointed pursuant to Section 366.3 who is also a kinship
guardian, the begin delete alternate or coguardian end delete begin insert successor guardian end insert shall be
entitled to receive Kin-GAP on behalf of the child pursuant to this
article begin insert if the reason for the appointment of the successor guardian
is the death or incapacity of the kinship guardian and the successor
guardian is named in the kinship guardianship assistance
agreement or amendment to the agreement end insert . A new period of six
months of placement with the begin delete alternate guardian or coguardian end delete
begin insert successor guardian end insert shall not be required if that begin delete alternate guardian
or coguardian end delete begin insert successor guardian end insert has been assessed pursuant to
Section 361.3 and Section 361.4 and the court terminates
dependency jurisdiction, subject to federal approval of amendments
to the state plan.

SEC. 8.  

Section 16003 of the Welfare and Institutions Code is
amended to read:

16003.  

(a) In order to promote the successful implementation
of the statutory preference for foster care placement with a relative
caretaker as set forth in Section 7950 of the Family Code, each
community college district with a foster care education program
shall make available orientation and training begin insert , pursuant to Sections
1529.2 and 1522.44 of the Health and Safety Code, end insert to the relative
or nonrelative extended family member caregiver into whose care
the county has placed a foster begin delete child pursuant to Section 1529.2 of
the Health and Safety Code, including, end delete begin insert child. The training shall
include, end insert but begin insert is end insert not limited to, courses that cover the following:

(1) The role, rights, and responsibilities of a relative or
nonrelative extended family member caregiver caring for a child
in foster care, including the right of a foster child 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.

(2) An overview of the child protective system.

(3) The effects of child abuse and neglect on child development.

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

(5) Health issues in foster care.

(6) Accessing education and health services that are available
to foster children.

(7) Relationship and safety issues regarding contact with one
or both of the birth parents.

(8) Permanency options for relative or nonrelative extended
family member caregivers, including legal guardianship, the
Kinship Guardianship Assistance Payment Program, and kin
adoption.

(9) Information on resources available for those who meet
eligibility criteria, including out-of-home care payments, the
Medi-Cal program, in-home supportive services, and other similar
resources.

(10) 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.

(11) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of
a harassment and violence free school environment contained in
the California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of
Part 19 of Division 1 of Title 1 of the Education Code).

(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:

(1) Age-appropriate child development.

(2) Health issues in foster care.

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

(4) Emancipation and independent living.

(5) Accessing education and health services available to foster
children.

(6) Relationship and safety issues regarding contact with one
or both of the birth parents.

(7) Permanency options for relative or nonrelative extended
family member caregivers, including legal guardianship, the
Kinship Guardianship Assistance Payment Program, and kin
adoption.

(8) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of
a harassment and violence free school environment contained in
the California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of
Part 19 of Division 1 of Title 1 of the Education Code).

(c) In addition to the requirements of subdivisions (a) and (b),
each community college district with a foster care education
program, in providing the orientation program, shall develop
appropriate program parameters in collaboration with the counties.

(d) Each community college district with a foster care education
program shall make every attempt to make the training and
orientation programs for relative or nonrelative extended family
member caregivers highly accessible in the communities in which
they reside.

(e) When a child is placed with a relative or nonrelative extended
family member caregiver, the county shall inform the caregiver
of the availability of training and orientation programs and it is
the intent of the Legislature that the county shall forward the names
and addresses of relative or nonrelative extended family member
caregivers to the appropriate community colleges providing the
training and orientation programs.

(f) This section shall not be construed to preclude counties from
developing or expanding existing training and orientation programs
for foster care providers to include relative or nonrelative extended
family member caregivers.

SEC. 9.  

Section 16118 of the Welfare and Institutions Code is
amended to read:

16118.  

(a) The department shall establish and administer the
program to be carried out by the department or the county pursuant
to this chapter. The department shall adopt any regulations
necessary to carry out the provisions of this chapter.

(b) The department shall keep the records necessary to evaluate
the program’s effectiveness in encouraging and promoting the
adoption of children eligible for the Adoption Assistance Program.

(c) The department or the county responsible for providing
financial aid in the amount determined in Section 16120 shall have
responsibility for certifying that the child meets the eligibility
criteria and for determining the amount of financial assistance
needed by the child and the adopting family.

(d) The department shall actively seek and make maximum use
of federal funds that may be available for the purposes of this
chapter. In accordance with federal law, any savings realized from
the change in federal funding for adoption assistance resulting
from the enactment of the federal Fostering Connections to Success
and Increasing Adoptions Act of 2008 (Public Law 110-351) shall
be spent for the provision of foster care and adoption services, and
the counties shall annually report to the department how these
savings are spent, including any expenditures for post-adoption
services. begin insert Not less than 30 percent of that savings shall be spent
on postadoption services, postguardianship services, and services
to support and sustain positive permanent outcomes for children
who otherwise might enter into foster care. Of that 30-percent
amount, at least two-thirds shall be spent on postadoption and
postguardianship services. end insert The process for submitting this
information shall be developed by the department, in consultation
with counties. All gifts or grants received from private sources for
the purpose of this chapter shall be used to offset public costs
incurred under the program established by this chapter.

(e) For purposes of this chapter, the county responsible for
determining the child’s Adoption Assistance Program eligibility
status and for providing financial aid in the amount determined in
Sections 16120 and 16120.1 shall be the county that, at the time
of the adoptive placement, would otherwise be responsible for
making a payment pursuant to Section 11450 under the CalWORKs
program or Section 11461 under the Aid to Families with
Dependent Children-Foster Care program if the child were not
adopted. When the child has been voluntarily relinquished for
adoption prior to a determination of eligibility for this payment,
the responsible county shall be the county in which the
relinquishing parent resides. The responsible county for all other
eligible children shall be the county where the child is physically
residing prior to placement with the adoptive family. The
responsible county shall certify eligibility on a form prescribed by
the department.

(f) Beginning in the 2011-12 fiscal year, and for each fiscal
year thereafter, funding and expenditures for programs and
activities under this section shall be in accordance with the
requirements provided in Sections 30025 and 30026.5 of the
Government Code.

SEC. 10.  

Section 16131 of the Welfare and Institutions Code
is amended to read:

16131.  

It is the intent of the Legislature to conform state
statutes to begin delete recently enacted end delete federal legislation, begin insert including the
Preventing Sex Trafficking and Strengthening Families Act (Public
Law 113-183) and end insert the Adoption and Safe Families Act of 1997
(Public Law 105-89), and to reinvest any incentive payments
received through implementation of the federal act into the child
welfare system in order to provide adoption services begin insert end insert begin insert and other
legal permanency options for children end insert .

SEC. 11.  

Section 16131.5 of the Welfare and Institutions Code
is amended to read:

16131.5.  

(a) The state shall reinvest adoption begin insert and guardianship end insert
incentive payments received through the implementation of the
federal Fostering Connections to Success and Increasing Adoptions
Act of 2008 (Public Law 110-351) begin insert and end insert begin insert the Preventing Sex
Trafficking and Strengthening Families Act (Public Law 113-183) end insert
into the child welfare system, in order to provide legal permanency
outcomes for older children, including, but not limited to, adoption,
guardianship, and reunification of children whose reunification
services were previously terminated.

(b) The incentive payments received pursuant to subdivision
(a), upon appropriation by the Legislature in the annual Budget
Act or another statute, shall be allocated by the State Department
of Social Services to the counties, and the department for a county
in which the department serves as an adoption agency, based on
documented increases in legal permanency outcomes for older
children achieved by each county, as determined by the department,
in consultation with counties, for the purposes specified in this
section.

(c) A county, or the department when it acts as the adoption
agency for a county, shall use adoption begin insert and guardianship end insert incentive
payment funds to improve or sustain legal permanency outcomes
for older children.

(d) Nothing in this section shall be construed to supplant funds
currently being spent on programs to provide legal permanency
outcomes.

SEC. 12.  

Section 16501.1 of the Welfare and Institutions Code
is amended to read:

16501.1.  

(a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is
the case plan.

(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child
and parents or other caretakers, as appropriate, in order to improve
conditions in the parent’s home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and
to address the needs of the child while in foster care.

(b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.

(2) In determining the reasonable services to be offered or
provided, the child’s health and safety shall be the paramount
concerns.

(3) Upon a determination pursuant to paragraph (1) of
subdivision (e) of Section 361.5 that reasonable services will be
offered to a parent who is incarcerated in a county jail or state
prison, detained by the United States Department of Homeland
Security, or deported to his or her country of origin, the case plan
shall include information, to the extent possible, about a parent’s
incarceration in a county jail or the state prison, detention by the
United States Department of Homeland Security, or deportation
during the time that a minor child of that parent is involved in
dependency care.

(4) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.

(5) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete
all steps necessary to finalize the permanent placement of the child.

(c) (1) If out-of-home placement is used to attain case plan
goals, the case plan shall include a description of the type of home
or institution in which the child is to be placed, and the reasons
for that placement decision. The decision regarding choice of
placement shall be based upon selection of a safe setting that is
the least restrictive or most familylike and the most appropriate
setting that is available and in close proximity to the parent’s home,
proximity to the child’s school, and consistent with the selection
of the environment best suited to meet the child’s special needs
and best interests. The selection shall consider, in order of priority,
placement with relatives, nonrelated extended family members,
tribal members, and foster family homes, certified homes of foster
family agencies, intensive treatment or multidimensional treatment
foster care homes, group care placements, such as group homes
and community treatment facilities, and residential treatment
pursuant to Section 7950 of the Family Code.

(2) If a group care placement is selected for a child, the case
plan shall indicate the needs of the child that necessitate this
placement, the plan for transitioning the child to a less restrictive
environment, and the projected timeline by which the child will
be transitioned to a less restrictive environment. This section of
the case plan shall be reviewed and updated at least semiannually.

(3) On or after January 1, 2012, for a nonminor dependent, as
defined in subdivision (v) of Section 11400, who is receiving
AFDC-FC benefits up to 21 years of age pursuant to Section 11403,
in addition to the above requirements, the selection of the
placement, including a supervised independent living placement,
as described in subdivision (w) of Section 11400, shall also be
based upon the developmental needs of young adults by providing
opportunities to have incremental responsibilities that prepare a
nonminor dependent to transition to begin delete independent living end delete begin insert successful
adulthood end insert . If admission to, or continuation in, a group home
placement is being considered for a nonminor dependent, the group
home placement approval decision shall include a youth-driven,
team-based case planning process, as defined by the department,
in consultation with stakeholders. The case plan shall consider the
full range of placement options, and shall specify why admission
to, or continuation in, a group home placement is the best
alternative available at the time to meet the special needs or
well-being of the nonminor dependent, and how the placement
will contribute to the nonminor dependent’s transition to
begin delete independent living end delete begin insert successful adulthood end insert . The case plan shall
specify the treatment strategies that will be used to prepare the
nonminor dependent for discharge to a less restrictive and more
familylike setting, including a target date for discharge from the
group home placement. The placement shall be reviewed and
updated on a regular, periodic basis to ensure that continuation in
the group home remains in the best interests of the nonminor
dependent and that progress is being made in achieving case plan
goals leading to begin delete independent living end delete begin insert successful adulthood end insert . The
group home placement planning process shall begin as soon as it
becomes clear to the county welfare department or probation office
that a foster child in group home placement is likely to remain in
group home placement on his or her 18th birthday, in order to
expedite the transition to a less restrictive and more familylike
setting if he or she becomes a nonminor dependent. The case
planning process shall include informing the youth of all of his or
her options, including, but not limited to, admission to or
continuation in a group home placement. Consideration for
continuation of existing group home placement for a nonminor
dependent under 19 years of age may include the need to stay in
the same placement in order to complete high school. After a
nonminor dependent either completes high school or attains his or
her 19th birthday, whichever is earlier, continuation in or admission
to a group home is prohibited unless the nonminor dependent
satisfies the conditions of paragraph (5) of subdivision (b) of
Section 11403, and group home placement functions as a short-term
transition to the appropriate system of care. Treatment services
provided by the group home placement to the nonminor dependent
to alleviate or ameliorate the medical condition, as described in
paragraph (5) of subdivision (b) of Section 11403, shall not
constitute the sole basis to disqualify a nonminor dependent from
the group home placement.

(4) In addition to the requirements of paragraphs (1) to (3),
inclusive, and taking into account other statutory considerations
regarding placement, the selection of the most appropriate home
that will meet the child’s special needs and best interests shall also
promote educational stability by taking into consideration
proximity to the child’s school of origin, and school attendance
area, the number of school transfers the child has previously
experienced, and the child’s school matriculation schedule, in
addition to other indicators of educational stability that the
Legislature hereby encourages the State Department of Social
Services and the State Department of Education to develop.

(d) A written case plan shall be completed within a maximum
of 60 days of the initial removal of the child or of the in-person
response required under subdivision (f) of Section 16501 if the
child has not been removed from his or her home, or by the date
of the dispositional hearing pursuant to Section 358, whichever
occurs first. The case plan shall be updated, as the service needs
of the child and family dictate. At a minimum, the case plan shall
be updated in conjunction with each status review hearing
conducted pursuant to Sections 364, 366, 366.3, and 366.31, and
the hearing conducted pursuant to Section 366.26, but no less
frequently than once every six months. Each updated case plan
shall include a description of the services that have been provided
to the child under the plan and an evaluation of the appropriateness
and effectiveness of those services.

(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child’s family, as well as the input of relatives and other
interested parties.

(2) The extension of the maximum time available for preparing
a written case plan from the 30 to 60 days shall be effective 90
days after the date that the department gives counties written notice
that necessary changes have been made to the Child Welfare
Services Case Management System to account for the 60-day
timeframe for preparing a written case plan.

(e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings
requirements pursuant to Article 6 (commencing with Section 300)
of Chapter 2 of Part 1 of Division 2.

(f) The case plan shall be developed as follows:

(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention.
The child shall be involved in developing the case plan as age and
developmentally appropriate.

(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.

(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.

(4) The case plan shall include a description of the schedule of
the placement agency contacts with the child and the family or
other caretakers. The frequency of these contacts shall be in
accordance with regulations adopted by the State Department of
Social Services. If the child has been placed in foster care out of
state, the county social worker or probation officer, or a social
worker or probation officer on the staff of the agency in the state
in which the child has been placed, shall visit the child in a foster
family home or the home of a relative, consistent with federal law
and in accordance with the department’s approved state plan. For
children in out-of-state group home facilities, visits shall be
conducted at least monthly, pursuant to Section 16516.5. At least
once every six months, at the time of a regularly scheduled
placement agency contact with the foster child, the child’s social
worker or probation officer shall inform the child of his or her
rights as a foster child, as specified in Section 16001.9. The social
worker or probation officer shall provide the information to the
child in a manner appropriate to the age or developmental level of
the child.

(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.

(B) Information regarding any court-ordered visitation between
the child and the natural parents or legal guardians, and the terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child’s out-of-home
caregiver as soon as possible after the court order is made.

(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of Section
16002. If appropriate, when siblings who are dependents of the
juvenile court are not placed together, the social worker for each
child, if different, shall communicate with each of the other social
workers and ensure that the child’s siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a particular
case to keep siblings informed of significant life events that occur
within the extended family, the social worker shall determine the
appropriate means and setting for disclosure of this information
to the child commensurate with the child’s age and emotional
well-being. These significant life events shall include, but shall
not be limited to, the following:

(A) The death of an immediate relative.

(B) The birth of a sibling.

(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.

(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child’s parent or out of
state, the case plan shall specify the reasons why that placement
is in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in
addition, specify compliance with Section 7911.1 of the Family
Code.

(8) Effective January 1, 2010, a case plan shall ensure the
educational stability of the child while in foster care and shall
include both of the following:

(A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of placement.

(B) An assurance that the placement agency has coordinated
with the person holding the right to make educational decisions
for the child and appropriate local educational agencies to ensure
that the child remains in the school in which the child is enrolled
at the time of placement or, if remaining in that school is not in
the best interests of the child, assurances by the placement agency
and the local educational agency to provide immediate and
appropriate enrollment in a new school and to provide all of the
child’s educational records to the new school.

(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption,
the case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and
any of the child’s siblings. This recommendation shall include a
statement regarding the child’s and the siblings’ willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child’s siblings.

(B) Information regarding the schedule and frequency of the
visits between the child and siblings, as well as any court-ordered
terms and conditions needed to facilitate the visits while protecting
the safety of the child, shall be provided to the child’s out-of-home
caregiver as soon as possible after the court order is made.

(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.

(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason
or reasons why termination of parental rights is not in the child’s
best interest. A determination completed or updated within the
past 12 months by the department when it is acting as an adoption
agency or by a licensed adoption agency that it is unlikely that the
child will be adopted, or that one of the conditions described in
paragraph (1) of subdivision (c) of Section 366.26 applies, shall
be deemed a compelling reason.

(12) (A) Parents and legal guardians shall have an opportunity
to review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In a voluntary service or placement
agreement, the parents or legal guardians shall be required to
review and sign the case plan. Whenever possible, parents and
legal guardians shall participate in the development of the case
plan. Commencing January 1, 2012, for nonminor dependents, as
defined in subdivision (v) of Section 11400, who are receiving
AFDC-FC or CalWORKs assistance up to 21 years of age pursuant
to Section 11403, the transitional independent living case plan, as
set forth in subdivision (y) of Section 11400, shall be developed
with, and signed by, the nonminor.

(B) Parents and legal guardians shall be advised that, pursuant
to Section 1228.1 of the Evidence Code, neither their signature on
the child welfare services case plan nor their acceptance of any
services prescribed in the child welfare services case plan shall
constitute an admission of guilt or be used as evidence against the
parent or legal guardian in a court of law. However, they shall also
be advised that the parent’s or guardian’s failure to cooperate,
except for good cause, in the provision of services specified in the
child welfare services case plan may be used in any hearing held
pursuant to Section 366.21, 366.22, or 366.25 as evidence.

(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of
age or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.

(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.

(15) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child’s wishes regarding their permanent
placement plan and an assessment of those stated wishes. The
agency shall also include documentation of the steps the agency
is taking to find an adoptive family or other permanent living
arrangements for the child; to place the child with an adoptive
family, an appropriate and willing relative, a legal guardian, or in
another planned permanent living arrangement; and to finalize the
adoption or legal guardianship. At a minimum, the documentation
shall include child-specific recruitment efforts, such as the use of
state, regional, and national adoption exchanges, including
electronic exchange systems, when the child has been freed for
adoption. If the plan is for kinship guardianship, the case plan shall
document how the child meets the kinship guardianship eligibility
requirements.

(16) (A) When appropriate, for a child who is 16 years of age
or older and, commencing January 1, 2012, for a nonminor
dependent, the case plan shall include the transitional independent
living plan (TILP), a written description of the programs and
services that will help the child, consistent with the child’s best
interests, to prepare for the transition from foster care to
begin delete independent living end delete begin insert successful adulthood end insert , and, in addition, whether
the youth has an in-progress application pending for Title XVI
Supplemental Security Income benefits or for Special Immigrant
Juvenile Status or other applicable application for legal residency
and an active dependency case is required for that application.
When appropriate, for a nonminor dependent, the transitional
independent living case plan, as described in subdivision (v) of
Section 11400, shall include the TILP, a written description of the
programs and services that will help the nonminor dependent,
consistent with his or her best interests, to prepare for transition
from foster care and assist the youth in meeting the eligibility
criteria set forth in paragraphs (1) to (5), inclusive, of subdivision
(b) Section 11403. If applicable, the case plan shall describe the
individualized supervision provided in the supervised independent
living placement as defined in subdivision (w) of Section 11400.
The case plan shall be developed with the child or nonminor
dependent and individuals identified as important to the child or
nonminor dependent, and shall include steps the agency is taking
to ensure that the child or nonminor dependent achieves
permanence, including maintaining or obtaining permanent
connections to caring and committed adults.

(B) During the 90-day period prior to the participant attaining
18 years of age or older as the state may elect under Section
475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec.
675(8)(B)(iii)), whether during that period foster care maintenance
payments are being made on the child’s behalf or the child is
receiving benefits or services under Section 477 of the federal
Social Security Act (42 U.S.C. Sec. 677), a caseworker or other
appropriate agency staff or probation officer and other
representatives of the participant, as appropriate, shall provide the
youth or nonminor with assistance and support in developing the
written 90-day transition plan, that is personalized at the direction
of the child, information as detailed as the participant elects that
shall include, but not be limited to, options regarding housing,
health insurance, education, local opportunities for mentors and
continuing support services, and workforce supports and
employment services, a power of attorney for health care, and
information regarding the advance health care directive form.

(C) For youth begin delete 16 end delete begin insert 14 end insert years of age or older, the case plan shall
include documentation that a consumer credit report was requested
annually from each of the three major credit reporting agencies at
no charge to the youth and that any results were provided to the
youth. For nonminor dependents, the case plan shall include
documentation that the county assisted the nonminor dependent
in obtaining his or her reports. The case plan shall include
documentation of barriers, if any, to obtaining the credit reports.
If the consumer credit report reveals any accounts, the case plan
shall detail how the county ensured the youth received assistance
with interpreting the credit report and resolving any inaccuracies,
including any referrals made for the assistance.

begin insert

(17) For youth 14 years of age or older and nonminor
dependents, the case plan shall be developed in consultation with
the youth. At the youth’s option, the consultation may include up
to two members of the case planning team who are chosen by the
youth and who are not foster parents of, or caseworkers for, the
youth. The child welfare agency may, at any time, reject an
individual selected by the youth to be a member of the case
planning team if the agency has good cause to believe that the
individual would not act in the youth’s best interest. One individual
selected by the youth to be a member of the case planning team
may be designated to be the youth’s adviser and advocate with
respect to the application of the reasonable and prudent parent
standard to the youth, as necessary.

end insert begin insert

(18) For youth 14 years of age and older and nonminor
dependents, the case plan shall include both of the following:

end insert begin insert

(A) A document that describes the youth’s rights with respect
to education, health, visitation, and court participation, the right
to be annually provided with copies of his or her credit reports at
no cost while in foster care pursuant to Section 10618.6, and the
right to stay safe and avoid exploitation.

end insert begin insert

(B) A signed acknowledgment by the youth that he or she has
been provided a copy of the document and that the rights described
in the document have been explained to the youth in an
age-appropriate manner.

end insert begin insert

(19) The case plan for a child or nonminor dependent who is,
or who is at risk of becoming, the victim of commercial sexual
exploitation, shall document the services provided to address that
issue.

end insert

(g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been
consented to, the court shall order that the child or the child’s
siblings, the child’s current caregiver, and the child’s prospective
adoptive parents, if applicable, be provided with information
necessary to accomplish this visitation. This section does not
require or prohibit the social worker’s facilitation, transportation,
or supervision of visits between the child and his or her siblings.

(h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management
System is implemented on a statewide basis.

(i) When a child is 10 years of age or older and has been in
out-of-home placement for six months or longer, the case plan
shall include an identification of individuals, other than the child’s
siblings, who are important to the child and actions necessary to
maintain the child’s relationship with those individuals, provided
that those relationships are in the best interest of the child. The
social worker or probation officer shall ask every child who is 10
years of age or older and who has been in out-of-home placement
for six months or longer to identify individuals other than the
child’s siblings who are important to the child, and may ask any
other child to provide that information, as appropriate. The social
worker or probation officer shall make efforts to identify other
individuals who are important to the child, consistent with the
child’s best interests.

(j) The child’s caregiver shall be provided a copy of a plan
outlining the child’s needs and services. The nonminor dependent’s
caregiver shall be provided with a copy of the nonminor’s TILP.

(k) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association of California and
other advocates, shall develop a comprehensive plan to ensure that
90 percent of foster children are visited by their caseworkers on a
monthly basis by October 1, 2011, and that the majority of the
visits occur in the residence of the child. The plan shall include
any data reporting requirements necessary to comply with the
provisions of the federal Child and Family Services Improvement
Act of 2006 (Public Law 109-288).

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

SEC. 13.  

Section 16501.4 is added to the Welfare and
Institutions Code, to read:

16501.4.  

(a) On or before September 30, 2016, county child
welfare agencies shall develop and implement policies and
procedures that, at a minimum, require social workers and
probation officers to do all of the following:

(1) Identify children receiving child welfare services, including
dependents or wards in foster care, nonminor dependents, and
youth receiving services pursuant to Section 677 of Title 42 of the
United States Code, who are, or are at risk of becoming, victims
of commercial sexual exploitation.

(2) Document individuals identified pursuant to paragraph (1)
in the Child Welfare Services/Case Management System and any
other agency record as determined by the county.

(3) Determine appropriate services for the child or youth
identified pursuant to paragraph (1).

(b) On or before July 1, 2016, county child welfare agencies
shall develop and implement specific protocols to expeditiously
locate any child missing from foster care. These policies shall, at
a minimum, require county social workers and probation officers
to do all of the following:

(1) Determine the primary factors that contributed to the child
or nonminor dependent running away or otherwise being absent
from care.

(2) Respond to factors identified in paragraph (1) in subsequent
placements, to the extent possible.

(3) Determine the child’s or nonminor dependent’s experiences
while absent from care.

(4) Determine whether the child or nonminor dependent is a
possible sex trafficking victim.

SEC. 14.  

Section 16501.45 is added to the Welfare and
Institutions Code, to read:

16501.45.  

(a) The State Department of Social Services shall
ensure that the Child Welfare Services/Case Management System
is capable of collecting all of the following:

(1) The number of dependent children or wards in foster care
who were victims of commercial sexual exploitation before
entering foster care.

(2) The number of dependent children or wards in foster care
who became victims of commercial sexual exploitation while in
foster care.

(3) The number of dependent children or wards in foster care
who go missing, run away, or are otherwise absent from care and
were commercially sexually exploited during the time away from
placement.

(4) The number of dependent children or wards in foster care
who are at risk of becoming victims of commercial sexual
exploitation.

(b) County social workers and probation officers shall collect
the data identified in subdivision (a) consistent with data entry
instructions provided by the department.

SEC. 15.  

Except as required by Section 36 of Article XIII of
the California Constitution, noreimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because this act implements a federal law or regulation
and results only in costs mandated by the federal government,
within the meaning of Section 17556 of the Government Code.