Amended in Assembly September 1, 2015

Amended in Assembly July 9, 2015

Amended in Senate June 2, 2015

Senate Bill No. 794

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

March 3, 2015

An act to amend Section 7950 of the Family Code, 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 309, 362.04, 362.05, 362.1, 366, begin delete 366.1, end delete 366.21, 366.22, 366.25, 366.26, 366.3, 366.31, 706.5, 706.6, 727.2, 727.3, 10618.6, 11386, 16002, 16003, 16118, 16131, 16131.5, begin insert 16501, end insert and 16501.1 of, and to add Sections 16501.4, 16501.45, and 16519.51 to, the Welfare and Institutions Code, relating to child welfare.

LEGISLATIVE COUNSEL’S DIGEST

SB 794, as amended, 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 begin delete agencies, end delete begin insert agencies and probation end insert begin insert departments, end insert by September begin delete 30, end delete begin insert 29, end insert 2016, to begin delete develop and end delete 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 begin delete agencies, by July 1, 2016, end delete begin insert agencies and probation departments end insert 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 each 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 each 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 bill 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 various categories of 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 and Neglect 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 immediately, or in no case later than 24 hours from receipt of the information, report to the law enforcement agency having jurisdiction over the case any known or suspected instance of child abuse involving an allegation of begin insert commercial end insert 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 begin insert commercial end insert 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 Payment begin delete for Children end delete (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) Existing federal law, the Adoption and Safe Families Act of 1997, among other provisions, establishes a permanent placement option for older children as an alternative to long-term foster care, referred to in the act as “another planned permanent living arrangement” (APPLA). Existing law declares the intent of the Legislature to conform state law to the federal act, as specified.

This bill would revise various provisions relating to foster care and the placement of dependent children and wards of the juvenile court, to delete references to long-term foster care and instead to provide a minor 16 years of age and older, under certain circumstances, with another planned permanent living arrangement, as prescribed. The bill would require the court conducting the permanency hearing to make specified findings in this regard. The bill also would impose additional requirements on the county social worker or probation officer preparing the case begin delete plan. end delete begin insert plan and the social study required for children and nonminor dependents placed in another planned permanent living arrangement, as defined. end insert By imposing new duties on county social workers and probation officers, the bill would impose a state-mandated local program.

(10) 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 7950 of the Family Code is amended to
read:

7950.  

(a) With full consideration for the proximity of the
natural parents to the placement so as to facilitate visitation and
family reunification, when a placement in foster care is being
made, the following considerations shall be used:

(1) Placement shall, if possible, be made in the home of a
relative, unless the placement would not be in the best interest of
the child. Diligent efforts shall be made by an agency or entity to
which this subdivision applies, to locate an appropriate relative,
as defined in paragraph (2) of subdivision (f) of Section 319 of the
Welfare and Institutions Code. begin delete Before any child may be placed in
foster care, end delete begin insert At any permanency hearing in which the court
terminates reunification services, or at any postpermanency
hearing for a child not placed for adoption, end insert the court shall find
that the agency or entity to which this subdivision applies has made
diligent efforts to locate an appropriate relative and that each
relative whose name has been submitted to the agency or entity as
a possible caretaker, either by himself or herself or by other
persons, has been evaluated as an appropriate placement resource.

(2) No agency or entity that receives any state assistance and is
involved in foster care placements may do either of the following:

(A) Deny to any person the opportunity to become a foster
parent on the basis of the race, color, or national origin of the
person or the child involved.

(B) Delay or deny the placement of a child into foster care on
the basis of the race, color, or national origin of the foster parent
or the child involved.

(b) Subdivision (a) shall not be construed to affect the
application of the Indian Child Welfare Act begin insert of 1978 end insert (25 U.S.C.
Sec. 1901 begin delete and following). end delete begin insert et seq.). end insert

(c) Nothing in this section precludes a search for an appropriate
relative being conducted simultaneously with a search for a foster
family.

SEC. 2.  

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 a child
who is placed in the facility 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 include knowledge and skills relating to the
reasonable and prudent parent standard for the participation of the
child in age or developmentally appropriate activities, including
knowledge and skills relating to the developmental stages of the
cognitive, emotional, physical, and behavioral capacities of a child,
and knowledge and skills relating to applying the standard to
decisions such as whether to allow the child to engage in
extracurricular, enrichment, cultural, and social activities, including
sports, field trips, and overnight activities lasting one or more days,
and to decisions involving the signing of permission slips and
arranging of transportation for the child to and from extracurricular,
enrichment, and social activities.

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

SEC. 3.  

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), Section 264.1 (rape in concert),
Section 285 (incest), Section 286 (sodomy), subdivision (a) or (b),
or paragraph (1) of subdivision (c) of Section 288 (lewd or
lascivious acts upon a child), Section 288a (oral copulation),
Section 289 (sexual penetration), or Section 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. 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.

begin delete

(4)

end delete

begin insert (d) end insert  “Commercial sexual exploitation” refers to either of the
following:

(1) The sexual trafficking of a child, as described in subdivision
(c) of Section 236.1.

(2) The provision of food, shelter, or payment to a child in
exchange for the performance of any sexual act described in this
section or subdivision (c) of Section 236.1.

SEC. 4.  

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 materials 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) (1) 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 that 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. 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.

(2) A county probation or welfare department shall immediately,
and in no case in more than 24 hours, report to the law enforcement
agency having jurisdiction over the case after receiving information
that a child or youth who is receiving child welfare services has
been identified as the victim of commercial sexual exploitation,
as defined in begin insert subdivision (d) of end insert Section 11165.1.

(3) When a child or youth who is receiving child welfare
services and who is reasonably believed to be the victim of, or is
at risk of being the victim of, begin insert commercial end insert sexual exploitation, as
defined in 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.

(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. 5.  

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

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) If the criminal records check indicates that the person has
been convicted of 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.

(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).

SEC. 6.  

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” has the meaning set forth in subdivision (c) of
Section 362.05.

(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. 7.  

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

362.05.  

(a) (1) 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 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.

(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.

(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.

(c) (1) “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 age or developmentally appropriate extracurricular,
enrichment, cultural, and social activities.

(2) The term “age or developmentally appropriate” means both
of the following:

(A) Activities or items that are generally accepted as suitable
for children of the same chronological age or level of maturity or
that are determined to be developmentally appropriate for a child,
based on the development of cognitive, emotional, physical, and
behavioral capacities that are typical for an age or age group.

(B) In the case of a specific child, activities or items that are
suitable for the child based on the developmental stages attained
by the child with respect to the cognitive, emotional, physical, and
behavioral capacities of the child.

SEC. 8.  

Section 362.1 of the Welfare and Institutions Code is
amended to read:

362.1.  

(a) In order to maintain ties between the parent or
guardian and any siblings and the child, and to provide information
relevant to deciding if, and when, to return a child to the custody
of his or her parent or guardian, or to encourage or suspend sibling
interaction, any order placing a child in foster care, and ordering
reunification services, shall provide as follows:

(1) (A) Subject to subparagraph (B), for visitation between the
parent or guardian and the child. Visitation shall be as frequent as
possible, consistent with the well-being of the child.

(B) No visitation order shall jeopardize the safety of the child.
To protect the safety of the child, the court may keep the child’s
address confidential. If the parent of the child has been convicted
of murder in the first degree, as defined in Section 189 of the Penal
Code, and the victim of the murder was the other parent of the
child, the court shall order visitation between the child and the
parent only if that order would be consistent with Section 3030 of
the Family Code.

(2) Pursuant to subdivision (b) of Section 16002, for visitation
between the child and any siblings, unless the court finds by clear
and convincing evidence that sibling interaction is contrary to the
safety or well-being of either child.

(3) Pursuant to subdivision (c) of Section 16002, for review of
the reasons for any suspension of sibling interaction at each
periodic review hearing pursuant to Section 366, and for a
requirement that, in order for a suspension to continue, the court
shall make a renewed finding that sibling interaction is contrary
to the safety or well-being of either child.

(4) If the child is a teen parent who has custody of his or her
child and that child is not a dependent of the court pursuant to this
chapter, for visitation among the teen parent, the child’s
noncustodial parent, and appropriate family members, unless the
court finds by clear and convincing evidence that visitation would
be detrimental to the teen parent.

(b) When reunification services are not ordered pursuant to
Section 361.5, the child’s plan for legal permanency shall include
consideration of the existence of and the relationship with any
sibling pursuant to Section 16002, including their impact on
placement and visitation.

(c) 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.

SEC. 9.  

Section 366 of the Welfare and Institutions Code is
amended to read:

366.  

(a) (1) The status of every dependent child in foster care
shall be reviewed periodically as determined by the court but no
less frequently than once every six months, as calculated from the
date of the original dispositional hearing, until the hearing
described in Section 366.26 is completed. The court shall consider
the safety of the child and shall determine all of the following:

(A) The continuing necessity for and appropriateness of the
placement.

(B) The extent of the agency’s compliance with the case plan
in making reasonable efforts, or, in the case of a child 16 years of
age or older with begin delete a permanent plan other than return home, legal
adoption, or placement with a fit and willing relative, end delete begin insert another
planned permanent living arrangement, end insert the ongoing and intensive
efforts, or, in the case of an Indian child, active efforts as described
in Section 361.7, to return the child to a safe home and to complete
any steps necessary to finalize the permanent placement of the
child, including efforts to maintain relationships between a child
who is 10 years of age or older and who has been in an out-of-home
placement for six months or longer, and individuals other than the
child’s siblings who are important to the child, consistent with the
child’s best interests.

(C) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions or developmental
services decisions for the child. That limitation shall be specifically
addressed in the court order and may not exceed those necessary
to protect the child. Whenever the court specifically limits the right
of the parent or guardian to make educational decisions or
developmental services decisions for the child, the court shall at
the same time appoint a responsible adult to make educational
decisions or developmental services decisions for the child pursuant
to Section 361.

(D) (i) Whether the child has other siblings under the court’s
jurisdiction, and, if any siblings exist, all of the following:

(I) The nature of the relationship between the child and his or
her siblings.

(II) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.

(III) If the siblings are not placed together in the same home,
why the siblings are not placed together and what efforts are being
made to place the siblings together, or why those efforts are not
appropriate.

(IV) If the siblings are not placed together, all of the following:

(ia) The frequency and nature of the visits between the siblings.

(ib) If there are visits between the siblings, whether the visits
are supervised or unsupervised. If the visits are supervised, a
discussion of the reasons why the visits are supervised, and what
needs to be accomplished in order for the visits to be unsupervised.

(ic) If there are visits between the siblings, a description of the
location and length of the visits.

(id) Any plan to increase visitation between the siblings.

(V) The impact of the sibling relationships on the child’s
placement and planning for legal permanence.

(VI) The continuing need to suspend sibling interaction, if
applicable, pursuant to subdivision (c) of Section 16002.

(ii) The factors the court may consider in making a determination
regarding the nature of the child’s sibling relationships may
include, but are not limited to, whether the siblings were raised
together in the same home, whether the siblings have shared
significant common experiences or have existing close and strong
bonds, whether either sibling expresses a desire to visit or live with
his or her sibling, as applicable, and whether ongoing contact is
in the child’s best emotional interests.

(E) The extent of progress that has been made toward alleviating
or mitigating the causes necessitating placement in foster care.

(F) If the review hearing is the last review hearing to be held
before the child attains 18 years of age, the court shall conduct the
hearing pursuant to Section 366.31 or 366.32.

(2) The court shall project a likely date by which the child may
be returned to and safely maintained in the home or placed for
adoption, begin insert tribal customary adoption in the case of an Indian child, end insert
legal guardianship, placed with a fit and willing relative, or in
another planned permanent living arrangement.

(b) Subsequent to the hearing, periodic reviews of each child
in foster care shall be conducted pursuant to the requirements of
Sections 366.3 and 16503.

(c) If the child has been placed out of state, each review
described in subdivision (a) and any reviews conducted pursuant
to Sections 366.3 and 16503 shall also address whether the
out-of-state placement continues to be the most appropriate
placement selection and in the best interests of the child.

(d) (1) A review described in subdivision (a) and any reviews
conducted pursuant to Sections 366.3 and 16503 shall not result
in a placement of a child outside the United States prior to a judicial
finding that the placement is in the best interest of the child, except
as required by federal law or treaty.

(2) The party or agency requesting placement of the child outside
the United States shall carry the burden of proof and must show,
by clear and convincing evidence, that a placement outside the
United States is in the best interest of the child.

(3) In determining the best interest of the child, the court shall
consider, but not be limited to, the following factors:

(A) Placement with a relative.

(B) Placement of siblings in the same home.

(C) Amount and nature of any contact between the child and
the potential guardian or caretaker.

(D) Physical and medical needs of the dependent child.

(E) Psychological and emotional needs of the dependent child.

(F) Social, cultural, and educational needs of the dependent
child.

(G) Specific desires of any dependent child who is 12 years of
age or older.

(4) If the court finds that a placement outside the United States
is, by clear and convincing evidence, in the best interest of the
child, the court may issue an order authorizing the social worker
or placing agency to make a placement outside the United States.
A child subject to this subdivision shall not leave the United States
prior to the issuance of the order described in this paragraph.

(5) For purposes of this subdivision, “outside the United States”
shall not include the lands of any federally recognized American
Indian tribe or Alaskan Natives.

(6) This section shall not apply to the placement of a dependent
child with a parent.

(e) A child may not be placed in an out-of-state group home,
or remain in an out-of-state group home, unless the group home
is in compliance with Section 7911.1 of the Family Code.

(f) The status review of every nonminor dependent, as defined
in subdivision (v) of Section 11400, shall be conducted pursuant
to the requirements of Sections 366.3, 366.31, or 366.32, and 16503
until dependency jurisdiction is terminated pursuant to Section
391.

begin delete

SEC. 10.  

Section 366.1 of the Welfare and Institutions Code
is amended to read:

366.1.  

Each supplemental report required to be filed pursuant
to Section 366 shall include, but not be limited to, a factual
discussion of each of the following subjects:

(a) Whether the county welfare department social worker has
considered either of the following:

(1) Child protective services, as defined in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9, as a
possible solution to the problems at hand, and has offered those
services to qualified parents, if appropriate under the circumstances.

(2) Whether the child can be returned to the custody of his or
her parent who is enrolled in a certified substance abuse treatment
facility that allows a dependent child to reside with his or her
parent.

(b) What plan, if any, for the return and maintenance of the
child in a safe home is recommended to the court by the county
welfare department social worker.

(c) Whether the subject child appears to be a person who is
eligible to be considered for further court action to free the child
from parental custody and control.

(d) What actions, if any, have been taken by the parent to correct
the problems that caused the child to be made a dependent child
of the court.

(e) If the parent or guardian is unwilling or unable to participate
in making an educational decision for his or her child, or if other
circumstances exist that compromise the ability of the parent or
guardian to make educational decisions for the child, the county
welfare department or social worker shall consider whether the
right of the parent or guardian to make educational decisions for
the child should be limited. If the supplemental report makes that
recommendation, the report shall identify whether there is a
responsible adult available to make educational decisions for the
child pursuant to Section 361.

(f) (1) Whether the child has any siblings under the court’s
jurisdiction, and, if any siblings exist, all of the following:

(A) The nature of the relationship between the child and his or
her siblings.

(B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.

(C) If the siblings are not placed together in the same home,
why the siblings are not placed together and what efforts are being
made to place the siblings together, or why those efforts are not
appropriate.

(D) If the siblings are not placed together, all of the following:

(i) The frequency and nature of the visits between the siblings.

(ii) If there are visits between the siblings, whether the visits
are supervised or unsupervised. If the visits are supervised, a
discussion of the reasons why the visits are supervised, and what
needs to be accomplished in order for the visits to be unsupervised.

(iii) If there are visits between the siblings, a description of the
location and length of the visits.

(iv) Any plan to increase visitation between the siblings.

(E) The impact of the sibling relationships on the child’s
placement and planning for legal permanence.

(2) The factual discussion shall include a discussion of indicators
of the nature of the child’s sibling relationships, including, but not
limited to, whether the siblings were raised together in the same
home, whether the siblings have shared significant common
experiences or have existing close and strong bonds, whether either
sibling expresses a desire to visit or live with his or her sibling, as
applicable, and whether ongoing contact is in the child’s best
emotional interests.

(g) Whether a child who is 10 years of age or older and who
has been in an out-of-home placement for six months or longer
has relationships with individuals other than the child’s siblings
that are important to the child, consistent with the child’s best
interests, and actions taken to maintain those relationships. The
social worker shall ask every child who is 10 years of age or older
and who has been in an out-of-home placement for six months or
longer to identify any individuals other than the child’s siblings
who are important to the child, consistent with the child’s best
interest. The social worker may ask any other child to provide that
information, as appropriate.

(h) (1) When the child is 16 years of age or older and is in a
planned permanent living arrangement other than return home,
adoption, legal guardianship, or placement with a fit and willing
relative, a description of all of the following:

(A) The intensive and ongoing efforts to return the child to the
home of the parent, place the child for adoption, or establish a
legal guardianship, as appropriate.

(B) The steps taken to do both of the following:

(i) Ensure that the child’s care provider is following the
reasonable and prudent parent standard.

(ii) Ascertain whether the child has regular, ongoing
opportunities to engage in age or developmentally appropriate
activities, including consulting with the child about opportunities
for the child to participate in the activities.

(2) When the child is under 16 years of age and has a permanent
plan of return home, adoption, legal guardianship, or placement
with a fit and willing relative, any barriers to achieving the
permanent plan and the efforts made by the agency to address
those barriers.

end delete

begin delete SEC. 11. end delete
begin insert SEC. 10. end insert   

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

366.21.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B)  begin delete For each youth 16 years of age and older, the court shall
also determine whether services have been made available to assist
him or her in making the transition from foster care to successful
adulthood. end delete The court shall also consider whether the child can be
returned to the custody of his or her parent who is enrolled in a
certified substance abuse treatment facility that allows a dependent
child to reside with his or her parent. The fact that the parent is
enrolled in a certified substance abuse treatment facility shall not
be, for that reason alone, prima facie evidence of detriment. The
failure of the parent or legal guardian to participate regularly and
make substantive progress in court-ordered treatment programs
shall be prima facie evidence that return would be detrimental.

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

begin insert

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

end insert

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) Order that a hearing be held within 120 days, pursuant to
Section 366.26, but only if the court does not continue the case to
the permanency planning review hearing and there is clear and
convincing evidence that reasonable services have been provided
or offered to the parents or legal guardians. On and after January
1, 2012, a hearing pursuant to Section 366.26 shall not be ordered
if the child is a nonminor dependent, unless the nonminor
dependent is an Indian child and tribal customary adoption is
recommended as the permanent plan.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(j) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with an approved relative
caregiver, and juvenile court dependency is subsequently
dismissed, the minor shall be eligible for aid under the Kin-GAP
Program, as provided for in Article 4.5 (commencing with Section
11360) or Article 4.7 (commencing with Section 11385), as
applicable, of Chapter 2 of Part 3 of Division 9.

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

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

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

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

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

begin delete SEC. 12. end delete
begin insert SEC. 11. end insert   

Section 366.22 of the Welfare and Institutions Code
is amended to read:

366.22.  

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

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

(3) Unless the conditions in subdivision (b) are met and the
child is not returned to a parent or legal guardian at the permanency
review hearing, the court shall order that a hearing be held pursuant
to Section 366.26 in order to determine whether adoption, or, in
the case of an Indian child, in consultation with the child’s tribe,
tribal customary adoption, guardianship, or continued placement
in foster care is the most appropriate plan for the child. On and
after January 1, 2012, a hearing pursuant to Section 366.26 shall
not be ordered if the child is a nonminor dependent, unless the
nonminor dependent is an Indian child, and tribal customary
adoption is recommended as the permanent plan. However, if the
court finds by clear and convincing evidence, based on the evidence
already presented to it, including a recommendation by the State
Department of Social Services when it is acting as an adoption
agency or by a county adoption agency, that there is a compelling
reason, as described in paragraph (5) of subdivision (g) of Section
366.21, for determining that a hearing held under Section 366.26
is not in the best interests of the child because the child is not a
proper subject for adoption and has no one willing to accept legal
guardianship as of the hearing date, the court may, only under
these circumstances, order that the child remain in foster care with
a permanent plan of return home, adoption, begin insert tribal customary
adoption in the case of an Indian child, end insert legal guardianship, or
placement with a fit and willing begin delete relative. end delete begin insert relative, as appropriate. end insert
If the child is 16 years of age or older or is a nonminor dependent,
begin insert and no other permanent plan is appropriate at the time of the
hearing, end insert the court may order begin delete a end delete begin insert another end insert planned permanent living
begin delete arrangement other than return home, adoption, legal guardianship,
or placement with a fit and willing relative, as appropriate. end delete
begin insert arrangement, as described in paragraph (2) of subdivision (i) of
Section 16501. end insert The court shall make factual findings identifying
any barriers to achieving the permanent plan as of the hearing date.
On and after January 1, 2012, the nonminor dependent’s legal
status as an adult is in and of itself a compelling reason not to hold
a hearing pursuant to Section 366.26. The court may order that a
nonminor dependent who otherwise is eligible pursuant to Section
11403 remain in a planned, permanent living arrangement. If the
court orders that a child who is 10 years of age or older remain in
foster care, the court shall determine whether the agency has made
reasonable efforts to maintain the child’s relationships with
individuals other than the child’s siblings who are important to the
child, consistent with the child’s best interests, and may make any
appropriate order to ensure that those relationships are maintained.
The hearing shall be held no later than 120 days from the date of
the permanency review hearing. The court shall also order
termination of reunification services to the parent or legal guardian.
The court shall continue to permit the parent or legal guardian to
visit the child unless it finds that visitation would be detrimental
to the child. The court shall determine whether reasonable services
have been offered or provided to the parent or legal guardian. For
purposes of this subdivision, evidence of any of the following
circumstances shall not, in and of themselves, be deemed a failure
to provide or offer reasonable services:

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

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

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

(b) If the child is not returned to a parent or legal guardian at
the permanency review hearing and the court determines by clear
and convincing evidence that the best interests of the child would
be met by the provision of additional reunification services to a
parent or legal guardian who is making significant and consistent
progress in a court-ordered residential substance abuse treatment
program, or a parent recently discharged from incarceration,
institutionalization, or the custody of the United States Department
of Homeland Security and making significant and consistent
progress in establishing a safe home for the child’s return, the court
may continue the case for up to six months for a subsequent
permanency review hearing, provided that the hearing shall occur
within 24 months of the date the child was originally taken from
the physical custody of his or her parent or legal guardian. The
court shall continue the case only if it finds that there is a
substantial probability that the child will be returned to the physical
custody of his or her parent or legal guardian and safely maintained
in the home within the extended period of time or that reasonable
services have not been provided to the parent or legal guardian.
For the purposes of this section, in order to find a substantial
probability that the child will be returned to the physical custody
of his or her parent or legal guardian and safely maintained in the
home within the extended period of time, the court shall be required
to find all of the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 13. end delete
begin insert SEC. 12. end insert   

Section 366.25 of the Welfare and Institutions Code
is amended to read:

366.25.  

(a) (1) When a case has been continued pursuant to
subdivision (b) of Section 366.22, the subsequent permanency
review hearing shall occur within 24 months after the date the
child was originally removed from the physical custody of his or
her parent or legal guardian. After considering the relevant and
admissible evidence, the court shall order the return of the child
to the physical custody of his or her parent or legal guardian unless
the court finds, by a preponderance of the evidence, that the return
of the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the subsequent
permanency review hearing, the court shall consider the criminal
history, obtained pursuant to paragraph (1) of subdivision (f) of
Section 16504.5, of the parent or legal guardian subsequent to the
child’s removal to the extent that the criminal record is substantially
related to the welfare of the child or parent’s or legal guardian’s
ability to exercise custody and control regarding his or her child
provided that the parent or legal guardian agreed to submit
fingerprint images to obtain criminal history information as part
of the case plan. The court shall also consider whether the child
can be returned to the custody of a parent who is enrolled in a
certified substance abuse treatment facility that allows a dependent
child to reside with his or her parent. The fact that the parent is
enrolled in a certified substance abuse treatment facility shall not
be, for that reason alone, prima facie evidence of detriment. The
failure of the parent or legal guardian to participate regularly and
make substantive progress in court-ordered treatment programs
shall be prima facie evidence that return would be detrimental. In
making its determination, the court shall review and consider the
social worker’s report and recommendations and the report and
recommendations of any child advocate appointed pursuant to
Section 356.5; shall consider the efforts or progress, or both,
demonstrated by the parent or legal guardian and the extent to
which he or she availed himself or herself of services provided;
and shall make appropriate findings pursuant to subdivision (a) of
Section 366.

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

(3) If the child is not returned to a parent or legal guardian at
the subsequent permanency review hearing, the court shall order
that a hearing be held pursuant to Section 366.26 in order to
determine whether adoption, or, in the case of an Indian child,
tribal customary adoption, guardianship, begin delete or foster care end delete begin insert or, in the
case of a child 16 years of age or older when no other permanent
plan is appropriate, another planned permanent living arrangement end insert
is the most appropriate plan for the child. On and after January 1,
2012, a hearing pursuant to Section 366.26 shall not be ordered if
the child is a nonminor dependent, unless the nonminor dependent
is an Indian child and tribal customary adoption is recommended
as the permanent plan. However, if the court finds by clear and
convincing evidence, based on the evidence already presented to
it, including a recommendation by the State Department of Social
Services when it is acting as an adoption agency or by a county
adoption agency, that there is a compelling reason, as described
in paragraph (5) of subdivision (g) of Section 366.21, for
determining that a hearing held under Section 366.26 is not in the
best interest of the child because the child is not a proper subject
for adoption or, in the case of an Indian child, tribal customary
adoption, and has no one willing to accept legal guardianship as
of the hearing date, then the court may, only under these
circumstances, order that the child remain in foster care with a
permanent plan of return home, adoption, begin insert tribal customary
adoption in the case of an Indian child, end insert legal guardianship, or
placement with a fit and willing begin delete relative. end delete begin insert relative, as appropriate. end insert
If the child is 16 years of age or older or is a nonminor dependent,
begin insert and no other permanent plan is appropriate at the time of the
hearing, end insert the court may order begin delete a end delete begin insert another end insert planned permanent living
begin delete arrangement other than return home, adoption, legal guardianship,
or placement with a fit and willing relative, as appropriate. end delete
begin insert arrangement, as described in paragraph (2) of subdivision (i) of
Section 16501. end insert The court shall make factual findings identifying
any barriers to achieving the permanent plan as of the hearing date.
On and after January 1, 2012, the nonminor dependent’s legal
status as an adult is in and of itself a compelling reason not to hold
a hearing pursuant to Section 366.26. The court may order that a
nonminor dependent who otherwise is eligible pursuant to Section
11403 remain in a planned, permanent living arrangement. If the
court orders that a child who is 10 years of age or older remain in
foster care, the court shall determine whether the agency has made
reasonable efforts to maintain the child’s relationships with
individuals other than the child’s siblings who are important to the
child, consistent with the child’s best interests, and may make any
appropriate order to ensure that those relationships are maintained.
The hearing shall be held no later than 120 days from the date of
the subsequent permanency review hearing. The court shall also
order termination of reunification services to the parent or legal
guardian. The court shall continue to permit the parent or legal
guardian to visit the child unless it finds that visitation would be
detrimental to the child. The court shall determine whether
reasonable services have been offered or provided to the parent or
legal guardian. For purposes of this paragraph, evidence of any of
the following circumstances shall not, in and of themselves, be
deemed a failure to provide or offer reasonable services:

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

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

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

(b) (1) Whenever a court orders that a hearing pursuant to
Section 366.26 shall be held, it shall direct the agency supervising
the child and the county adoption agency, or the State Department
of Social Services when it is acting as an adoption agency, to
prepare an assessment that shall include:

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

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

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

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

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

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

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

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

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

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

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

(c) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with an approved relative
caregiver, and juvenile court dependency is subsequently
dismissed, the minor shall be eligible for aid under the Kin-GAP
Program, as provided for in Article 4.5 (commencing with Section
11360) or Article 4.7 (commencing with Section 11385), as
applicable, of Chapter 2 of Part 3 of Division 9.

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

begin delete SEC. 14. end delete
begin insert SEC. 13. end insert   

Section 366.26 of the Welfare and Institutions Code
is amended to read:

366.26.  

(a) This section applies to children who are adjudged
dependent children of the juvenile court pursuant to subdivision
(d) of Section 360. The procedures specified herein are the
exclusive procedures for conducting these hearings; Part 2
(commencing with Section 3020) of Division 8 of the Family Code
is not applicable to these proceedings. Section 8616.5 of the Family
Code is applicable and available to all dependent children meeting
the requirements of that section, if the postadoption contact
agreement has been entered into voluntarily. For children who are
adjudged dependent children of the juvenile court pursuant to
subdivision (d) of Section 360, this section and Sections 8604,
8605, 8606, and 8700 of the Family Code and Chapter 5
(commencing with Section 7660) of Part 3 of Division 12 of the
Family Code specify the exclusive procedures for permanently
terminating parental rights with regard to, or establishing legal
guardianship of, the child while the child is a dependent child of
the juvenile court.

(b) At the hearing, which shall be held in juvenile court for all
children who are dependents of the juvenile court, the court, in
order to provide stable, permanent homes for these children, shall
review the report as specified in Section 361.5, 366.21, 366.22, or
366.25, shall indicate that the court has read and considered it,
shall receive other evidence that the parties may present, and then
shall make findings and orders in the following order of preference:

(1) Terminate the rights of the parent or parents and order that
the child be placed for adoption and, upon the filing of a petition
for adoption in the juvenile court, order that a hearing be set. The
court shall proceed with the adoption after the appellate rights of
the natural parents have been exhausted.

(2) Order, without termination of parental rights, the plan of
tribal customary adoption, as described in Section 366.24, through
tribal custom, traditions, or law of the Indian child’s tribe, and
upon the court affording the tribal customary adoption order full
faith and credit at the continued selection and implementation
hearing, order that a hearing be set pursuant to paragraph (2) of
subdivision (e).

(3) Appoint a relative or relatives with whom the child is
currently residing as legal guardian or guardians for the child, and
order that letters of guardianship issue.

(4) On making a finding under paragraph (3) of subdivision (c),
identify adoption or tribal customary adoption as the permanent
placement goal and order that efforts be made to locate an
appropriate adoptive family for the child within a period not to
exceed 180 days.

(5) Appoint a nonrelative legal guardian for the child and order
that letters of guardianship issue.

begin insert

(6) Order that the child be permanently placed with a fit and
willing relative, subject to the periodic review of the juvenile court
under Section 366.3.

end insert begin delete

(6)

end delete

begin insert (7) end insert  Order that the child remain in foster care, subject to the
conditions described in paragraph (4) of subdivision (c) and the
periodic review of the juvenile court under Section 366.3.

In choosing among the above alternatives the court shall proceed
pursuant to subdivision (c).

(c) (1) If the court determines, based on the assessment provided
as ordered under subdivision (i) of Section 366.21, subdivision (b)
of Section 366.22, or subdivision (b) of Section 366.25, and any
other relevant evidence, by a clear and convincing standard, that
it is likely the child will be adopted, the court shall terminate
parental rights and order the child placed for adoption. The fact
that the child is not yet placed in a preadoptive home nor with a
relative or foster family who is prepared to adopt the child, shall
not constitute a basis for the court to conclude that it is not likely
the child will be adopted. A finding under subdivision (b) or
paragraph (1) of subdivision (e) of Section 361.5 that reunification
services shall not be offered, under subdivision (e) of Section
366.21 that the whereabouts of a parent have been unknown for
six months or that the parent has failed to visit or contact the child
for six months, or that the parent has been convicted of a felony
indicating parental unfitness, or, under Section 366.21 or 366.22,
that the court has continued to remove the child from the custody
of the parent or guardian and has terminated reunification services,
shall constitute a sufficient basis for termination of parental rights.
Under these circumstances, the court shall terminate parental rights
unless either of the following applies:

(A) The child is living with a relative who is unable or unwilling
to adopt the child because of circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, but who is willing and capable of providing the child with
a stable and permanent environment through legal guardianship,
and the removal of the child from the custody of his or her relative
would be detrimental to the emotional well-being of the child. For
purposes of an Indian child, “relative” shall include an “extended
family member,” as defined in the federal Indian Child Welfare
Act begin insert of 1978 end insert (25 U.S.C. Sec. 1903(2)).

(B) The court finds a compelling reason for determining that
termination would be detrimental to the child due to one or more
of the following circumstances:

(i) The parents have maintained regular visitation and contact
with the child and the child would benefit from continuing the
relationship.

(ii) A child 12 years of age or older objects to termination of
parental rights.

(iii) The child is placed in a residential treatment facility,
adoption is unlikely or undesirable, and continuation of parental
rights will not prevent finding the child a permanent family
placement if the parents cannot resume custody when residential
care is no longer needed.

(iv) The child is living with a foster parent or Indian custodian
who is unable or unwilling to adopt the child because of
exceptional circumstances, that do not include an unwillingness
to accept legal or financial responsibility for the child, but who is
willing and capable of providing the child with a stable and
permanent environment and the removal of the child from the
physical custody of his or her foster parent or Indian custodian
would be detrimental to the emotional well-being of the child. This
clause does not apply to any child who is either (I) under six years
of age or (II) a member of a sibling group where at least one child
is under six years of age and the siblings are, or should be,
permanently placed together.

(v) There would be substantial interference with a child’s sibling
relationship, taking into consideration the nature and extent of the
relationship, including, but not limited to, whether the child was
raised with a sibling in the same home, whether the child shared
significant common experiences or has existing close and strong
bonds with a sibling, and whether ongoing contact is in the child’s
best interest, including the child’s long-term emotional interest,
as compared to the benefit of legal permanence through adoption.

(vi) The child is an Indian child and there is a compelling reason
for determining that termination of parental rights would not be
in the best interest of the child, including, but not limited to:

(I) Termination of parental rights would substantially interfere
with the child’s connection to his or her tribal community or the
child’s tribal membership rights.

(II) The child’s tribe has identified guardianship, foster care
with a fit and willing relative, tribal customary adoption, or another
planned permanent living arrangement for the child.

(III) The child is a nonminor dependent, and the nonminor and
the nonminor’s tribe have identified tribal customary adoption for
the nonminor.

(C) For purposes of subparagraph (B), in the case of tribal
customary adoptions, Section 366.24 shall apply.

(D) If the court finds that termination of parental rights would
be detrimental to the child pursuant to clause (i), (ii), (iii), (iv),
(v), or (vi), it shall state its reasons in writing or on the record.

(2) The court shall not terminate parental rights if:

(A) At each hearing at which the court was required to consider
reasonable efforts or services, the court has found that reasonable
efforts were not made or that reasonable services were not offered
or provided.

(B) In the case of an Indian child:

(i) At the hearing terminating parental rights, the court has found
that active efforts were not made as required in Section 361.7.

(ii) The court does not make a determination at the hearing
terminating parental rights, supported by evidence beyond a
reasonable doubt, including testimony of one or more “qualified
expert witnesses” as defined in Section 224.6, that the continued
custody of the child by the parent is likely to result in serious
emotional or physical damage to the child.

(iii) The court has ordered tribal customary adoption pursuant
to Section 366.24.

(3) If the court finds that termination of parental rights would
not be detrimental to the child pursuant to paragraph (1) and that
the child has a probability for adoption but is difficult to place for
adoption and there is no identified or available prospective adoptive
parent, the court may identify adoption as the permanent placement
goal and without terminating parental rights, order that efforts be
made to locate an appropriate adoptive family for the child, within
the state or out of the state, within a period not to exceed 180 days.
During this 180-day period, the public agency responsible for
seeking adoptive parents for each child shall, to the extent possible,
ask each child who is 10 years of age or older, to identify any
individuals, other than the child’s siblings, who are important to
the child, in order to identify potential adoptive parents. The public
agency may ask any other child to provide that information, as
appropriate. During the 180-day period, the public agency shall,
to the extent possible, contact other private and public adoption
agencies regarding the availability of the child for adoption. During
the 180-day period, the public agency shall conduct the search for
adoptive parents in the same manner as prescribed for children in
Sections 8708 and 8709 of the Family Code. At the expiration of
this period, another hearing shall be held and the court shall
proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision
(b). For purposes of this section, a child may only be found to be
difficult to place for adoption if there is no identified or available
prospective adoptive parent for the child because of the child’s
membership in a sibling group, or the presence of a diagnosed
medical, physical, or mental handicap, or the child is seven years
of age or more.

(4) (A) If the court finds that adoption of the child or
termination of parental rights is not in the best interest of the child,
because one of the conditions in clause (i), (ii), (iii), (iv), (v), or
(vi) of subparagraph (B) of paragraph (1) or in paragraph (2)
applies, the court shall order that the present caretakers or other
appropriate persons shall become legal guardians of the child,
begin delete order that the child remain in foster care, end delete or, in the case of an Indian
child, consider a tribal customary adoption pursuant to Section
366.24. Legal guardianship shall be considered before begin delete continuation
in foster care, end delete begin insert continuing the child in foster care under any other
permanent plan, end insert if it is in the best interests of the child and if a
suitable guardian can be found. If the child continues in foster
care, the court shall make factual findings identifying any barriers
to achieving begin delete the permanent plan end delete begin insert adoption, tribal customary
adoption in the case of an Indian child, legal guardianship, or
placement with a fit and willing relative end insert as of the date of the
hearing. A child who is 10 years of age or older, shall be asked to
identify any individuals, other than the child’s siblings, who are
important to the child, in order to identify potential guardians or,
in the case of an Indian child, prospective tribal customary adoptive
parents. The agency may ask any other child to provide that
information, as appropriate.

(B)  begin delete (1) end delete begin delete   end delete begin insert (i) end insert begin insert   end insert If the child is living with an approved relative who
is willing and capable of providing a stable and permanent
environment, but not willing to become a legal guardian as of the
hearing date, the court shall order a permanent plan of placement
with a fit and willing relative, and the child shall not be removed
from the home if the court finds the removal would be seriously
detrimental to the emotional well-being of the child because the
child has substantial psychological ties to the relative caretaker.

begin delete

(2)

end delete

begin insert (ii) end insert  If the child is living with a nonrelative caregiver who is
willing and capable of providing a stable and permanent
environment, but not willing to become a legal guardian as of the
hearing date, the court shall order that the child remain in foster
care with a permanent plan of return home, adoption, legal
guardianship, or placement with a fit and willing begin delete relative. end delete begin insert relative,
as appropriate. end insert If the child is 16 years of age or older, or a
nonminor dependent, begin insert end insert begin insert and no other permanent plan is appropriate
at the time of the hearing, end insert the court may order begin delete a permanent plan
other than return home, adoption, legal guardianship, or placement
with a fit and willing relative. The end delete begin insert another planned permanent
living arrangement, as described in paragraph (2) of subdivision
(i) of Section 16501. Regardless of the age of the child, the end insert child
shall not be removed from the home if the court finds the removal
would be seriously detrimental to the emotional well-being of the
child because the child has substantial psychological ties to the
caregiver.

begin delete

(3)

end delete

begin insert (iii) end insert  If the child is living in a group home or, on or after January
1, 2017, a short-term residential treatment center, the court shall
order that the child remain in foster care with a permanent plan of
return home, adoption, begin insert tribal customary adoption in the case of
an Indian child, end insert legal guardianship, or placement with a fit and
willing begin delete relative. end delete begin insert relative, as appropriate. end insert If the child is 16 years
of age or older, or a nonminor dependent, begin insert and no other permanent
plan is appropriate at the time of the hearing, end insert the court may order
begin delete a permanent plan other than return home, adoption, legal
guardianship, or placement with a fit and willing relative. end delete begin insert another
planned permanent living arrangement, as described in paragraph
(2) of subdivision (i) of Section 16501. end insert

(C) The court shall also make an order for visitation with the
parents or guardians unless the court finds by a preponderance of
the evidence that the visitation would be detrimental to the physical
or emotional well-being of the child.

(5) If the court finds that the child should not be placed for
adoption, that legal guardianship shall not be established, that
placement with a fit and willing relative is not appropriate as of
the hearing date, and that there are no suitable foster parents except
exclusive-use homes available to provide the child with a stable
and permanent environment, the court may order the care, custody,
and control of the child transferred from the county welfare
department to a licensed foster family agency. The court shall
consider the written recommendation of the county welfare director
regarding the suitability of the transfer. The transfer shall be subject
to further court orders.

The licensed foster family agency shall place the child in a
suitable licensed or exclusive-use home that has been certified by
the agency as meeting licensing standards. The licensed foster
family agency shall be responsible for supporting the child and
providing appropriate services to the child, including those services
ordered by the court. Responsibility for the support of the child
shall not, in and of itself, create liability on the part of the foster
family agency to third persons injured by the child. Those children
whose care, custody, and control are transferred to a foster family
agency shall not be eligible for foster care maintenance payments
or child welfare services, except for emergency response services
pursuant to Section 16504.

(d) The proceeding for the appointment of a guardian for a child
who is a dependent of the juvenile court shall be in the juvenile
court. If the court finds pursuant to this section that legal
guardianship is the appropriate permanent plan, it shall appoint
the legal guardian and issue letters of guardianship. The assessment
prepared pursuant to subdivision (g) of Section 361.5, subdivision
(i) of Section 366.21, subdivision (b) of Section 366.22, and
subdivision (b) of Section 366.25 shall be read and considered by
the court prior to the appointment, and this shall be reflected in
the minutes of the court. The person preparing the assessment may
be called and examined by any party to the proceeding.

(e) (1) The proceeding for the adoption of a child who is a
dependent of the juvenile court shall be in the juvenile court if the
court finds pursuant to this section that adoption is the appropriate
permanent plan and the petition for adoption is filed in the juvenile
court. Upon the filing of a petition for adoption, the juvenile court
shall order that an adoption hearing be set. The court shall proceed
with the adoption after the appellate rights of the natural parents
have been exhausted. The full report required by Section 8715 of
the Family Code shall be read and considered by the court prior
to the adoption and this shall be reflected in the minutes of the
court. The person preparing the report may be called and examined
by any party to the proceeding. It is the intent of the Legislature,
pursuant to this subdivision, to give potential adoptive parents the
option of filing in the juvenile court the petition for the adoption
of a child who is a dependent of the juvenile court. Nothing in this
section is intended to prevent the filing of a petition for adoption
in any other court as permitted by law, instead of in the juvenile
court.

(2) In the case of an Indian child, if the Indian child’s tribe has
elected a permanent plan of tribal customary adoption, the court,
upon receiving the tribal customary adoption order will afford the
tribal customary adoption order full faith and credit to the same
extent that the court would afford full faith and credit to the public
acts, records, judicial proceedings, and judgments of any other
entity. Upon a determination that the tribal customary adoption
order may be afforded full faith and credit, consistent with Section
224.5, the court shall thereafter order a hearing to finalize the
adoption be set upon the filing of the adoption petition. The
prospective tribal customary adoptive parents and the child who
is the subject of the tribal customary adoption petition shall appear
before the court for the finalization hearing. The court shall
thereafter issue an order of adoption pursuant to Section 366.24.

(3) If a child who is the subject of a finalized tribal customary
adoption shows evidence of a developmental disability or mental
illness as a result of conditions existing before the tribal customary
adoption to the extent that the child cannot be relinquished to a
licensed adoption agency on the grounds that the child is considered
unadoptable, and of which condition the tribal customary adoptive
parent or parents had no knowledge or notice before the entry of
the tribal customary adoption order, a petition setting forth those
facts may be filed by the tribal customary adoptive parent or
parents with the juvenile court that granted the tribal customary
adoption petition. If these facts are proved to the satisfaction of
the juvenile court, it may make an order setting aside the tribal
customary adoption order. The begin delete set aside end delete begin insert set-aside end insert petition shall be
filed within five years of the issuance of the tribal customary
adoption order. The court clerk shall immediately notify the child’s
tribe and the department in Sacramento of the petition within 60
days after the notice of filing of the petition. The department shall
file a full report with the court and shall appear before the court
for the purpose of representing the child. Whenever a final decree
of tribal customary adoption has been vacated or set aside, the
child shall be returned to the custody of the county in which the
proceeding for tribal customary adoption was finalized. The
biological parent or parents of the child may petition for return of
custody. The disposition of the child after the court has entered an
order to set aside a tribal customary adoption shall include
consultation with the child’s tribe.

(f) At the beginning of any proceeding pursuant to this section,
if the child or the parents are not being represented by previously
retained or appointed counsel, the court shall proceed as follows:

(1) In accordance with subdivision (c) of Section 317, if a child
before the court is without counsel, the court shall appoint counsel
unless the court finds that the child would not benefit from the
appointment of counsel. The court shall state on the record its
reasons for that finding.

(2) If a parent appears without counsel and is unable to afford
counsel, the court shall appoint counsel for the parent, unless this
representation is knowingly and intelligently waived. The same
counsel shall not be appointed to represent both the child and his
or her parent. The public defender or private counsel may be
appointed as counsel for the parent.

(3) Private counsel appointed under this section shall receive a
reasonable sum for compensation and expenses, the amount of
which shall be determined by the court. The amount shall be paid
by the real parties in interest, other than the child, in any
proportions the court deems just. However, if the court finds that
any of the real parties in interest are unable to afford counsel, the
amount shall be paid out of the general fund of the county.

(g) The court may continue the proceeding for a period of time
not to exceed 30 days as necessary to appoint counsel, and to
enable counsel to become acquainted with the case.

(h) (1) At all proceedings under this section, the court shall
consider the wishes of the child and shall act in the best interests
of the child.

(2) In accordance with Section 349, the child shall be present
in court if the child or the child’s counsel so requests or the court
so orders. If the child is 10 years of age or older and is not present
at a hearing held pursuant to this section, the court shall determine
whether the minor was properly notified of his or her right to attend
the hearing and inquire as to the reason why the child is not present.

(3) (A) The testimony of the child may be taken in chambers
and outside the presence of the child’s parent or parents, if the
child’s parent or parents are represented by counsel, the counsel
is present, and any of the following circumstances exists:

(i) The court determines that testimony in chambers is necessary
to ensure truthful testimony.

(ii) The child is likely to be intimidated by a formal courtroom
setting.

(iii) The child is afraid to testify in front of his or her parent or
parents.

(B) After testimony in chambers, the parent or parents of the
child may elect to have the court reporter read back the testimony
or have the testimony summarized by counsel for the parent or
parents.

(C) The testimony of a child also may be taken in chambers and
outside the presence of the guardian or guardians of a child under
the circumstances specified in this subdivision.

(i) (1) Any order of the court permanently terminating parental
rights under this section shall be conclusive and binding upon the
child, upon the parent or parents and upon all other persons who
have been served with citation by publication or otherwise as
provided in this chapter. After making the order, the juvenile court
shall have no power to set aside, change, or modify it, except as
provided in paragraph (2), but nothing in this section shall be
construed to limit the right to appeal the order.

(2) A tribal customary adoption order evidencing that the Indian
child has been the subject of a tribal customary adoption shall be
afforded full faith and credit and shall have the same force and
effect as an order of adoption authorized by this section. The rights
and obligations of the parties as to the matters determined by the
Indian child’s tribe shall be binding on all parties. A court shall
not order compliance with the order absent a finding that the party
seeking the enforcement participated, or attempted to participate,
in good faith, in family mediation services of the court or dispute
resolution through the tribe regarding the conflict, prior to the
filing of the enforcement action.

(3) A child who has not been adopted after the passage of at
least three years from the date the court terminated parental rights
and for whom the court has determined that adoption is no longer
the permanent plan may petition the juvenile court to reinstate
parental rights pursuant to the procedure prescribed by Section
388. The child may file the petition prior to the expiration of this
three-year period if the State Department of Social Services, county
adoption agency, or licensed adoption agency that is responsible
for custody and supervision of the child as described in subdivision
(j) and the child stipulate that the child is no longer likely to be
adopted. A child over 12 years of age shall sign the petition in the
absence of a showing of good cause as to why the child could not
do so. If it appears that the best interests of the child may be
promoted by reinstatement of parental rights, the court shall order
that a hearing be held and shall give prior notice, or cause prior
notice to be given, to the social worker or probation officer and to
the child’s attorney of record, or, if there is no attorney of record
for the child, to the child, and the child’s tribe, if applicable, by
means prescribed by subdivision (c) of Section 297. The court
shall order the child or the social worker or probation officer to
give prior notice of the hearing to the child’s former parent or
parents whose parental rights were terminated in the manner
prescribed by subdivision (f) of Section 294 where the
recommendation is adoption. The juvenile court shall grant the
petition if it finds by clear and convincing evidence that the child
is no longer likely to be adopted and that reinstatement of parental
rights is in the child’s best interest. If the court reinstates parental
rights over a child who is under 12 years of age and for whom the
new permanent plan will not be reunification with a parent or legal
guardian, the court shall specify the factual basis for its findings
that it is in the best interest of the child to reinstate parental rights.
This subdivision is intended to be retroactive and applies to any
child who is under the jurisdiction of the juvenile court at the time
of the hearing regardless of the date parental rights were terminated.

(j) If the court, by order or judgment, declares the child free
from the custody and control of both parents, or one parent if the
other does not have custody and control, or declares the child
eligible for tribal customary adoption, the court shall at the same
time order the child referred to the State Department of Social
Services, county adoption agency, or licensed adoption agency for
adoptive placement by the agency. However, except in the case
of a tribal customary adoption where there is no termination of
parental rights, a petition for adoption may not be granted until
the appellate rights of the natural parents have been exhausted.
The State Department of Social Services, county adoption agency,
or licensed adoption agency shall be responsible for the custody
and supervision of the child and shall be entitled to the exclusive
care and control of the child at all times until a petition for adoption
or tribal customary adoption is granted, except as specified in
subdivision (n). With the consent of the agency, the court may
appoint a guardian of the child, who shall serve until the child is
adopted.

(k) Notwithstanding any other law, the application of any person
who, as a relative caretaker or foster parent, has cared for a
dependent child for whom the court has approved a permanent
plan for adoption, or who has been freed for adoption, shall be
given preference with respect to that child over all other
applications for adoptive placement if the agency making the
placement determines that the child has substantial emotional ties
to the relative caretaker or foster parent and removal from the
relative caretaker or foster parent would be seriously detrimental
to the child’s emotional well-being.

As used in this subdivision, “preference” means that the
application shall be processed and, if satisfactory, the family study
shall be completed before the processing of the application of any
other person for the adoptive placement of the child.

(l) (1) An order by the court that a hearing pursuant to this
section be held is not appealable at any time unless all of the
following apply:

(A) A petition for extraordinary writ review was filed in a timely
manner.

(B) The petition substantively addressed the specific issues to
be challenged and supported that challenge by an adequate record.

(C) The petition for extraordinary writ review was summarily
denied or otherwise not decided on the merits.

(2) Failure to file a petition for extraordinary writ review within
the period specified by rule, to substantively address the specific
issues challenged, or to support that challenge by an adequate
record shall preclude subsequent review by appeal of the findings
and orders made pursuant to this section.

(3) The Judicial Council shall adopt rules of court, effective
January 1, 1995, to ensure all of the following:

(A) A trial court, after issuance of an order directing a hearing
pursuant to this section be held, shall advise all parties of the
requirement of filing a petition for extraordinary writ review as
set forth in this subdivision in order to preserve any right to appeal
in these issues. This notice shall be made orally to a party if the
party is present at the time of the making of the order or by
first-class mail by the clerk of the court to the last known address
of a party not present at the time of the making of the order.

(B) The prompt transmittal of the records from the trial court
to the appellate court.

(C) That adequate time requirements for counsel and court
personnel exist to implement the objective of this subdivision.

(D) That the parent or guardian, or their trial counsel or other
counsel, is charged with the responsibility of filing a petition for
extraordinary writ relief pursuant to this subdivision.

(4) The intent of this subdivision is to do both of the following:

(A) Make every reasonable attempt to achieve a substantive and
meritorious review by the appellate court within the time specified
in Sections 366.21, 366.22, and 366.25 for holding a hearing
pursuant to this section.

(B) Encourage the appellate court to determine all writ petitions
filed pursuant to this subdivision on their merits.

(5) This subdivision shall only apply to cases in which an order
to set a hearing pursuant to this section is issued on or after January
1, 1995.

(m) Except for subdivision (j), this section shall also apply to
minors adjudged wards pursuant to Section 727.31.

(n) (1) Notwithstanding Section 8704 of the Family Code or
any other law, the court, at a hearing held pursuant to this section
or anytime thereafter, may designate a current caretaker as a
prospective adoptive parent if the child has lived with the caretaker
for at least six months, the caretaker currently expresses a
commitment to adopt the child, and the caretaker has taken at least
one step to facilitate the adoption process. In determining whether
to make that designation, the court may take into consideration
whether the caretaker is listed in the preliminary assessment
prepared by the county department in accordance with subdivision
(i) of Section 366.21 as an appropriate person to be considered as
an adoptive parent for the child and the recommendation of the
State Department of Social Services, county adoption agency, or
licensed adoption agency.

(2) For purposes of this subdivision, steps to facilitate the
adoption process include, but are not limited to, the following:

(A) Applying for an adoption home study.

(B) Cooperating with an adoption home study.

(C) Being designated by the court or the adoption agency as the
adoptive family.

(D) Requesting de facto parent status.

(E) Signing an adoptive placement agreement.

(F) Engaging in discussions regarding a postadoption contact
agreement.

(G) Working to overcome any impediments that have been
identified by the State Department of Social Services, county
adoption agency, or licensed adoption agency.

(H) Attending classes required of prospective adoptive parents.

(3) Prior to a change in placement and as soon as possible after
a decision is made to remove a child from the home of a designated
prospective adoptive parent, the agency shall notify the court, the
designated prospective adoptive parent or the current caretaker, if
that caretaker would have met the threshold criteria to be
designated as a prospective adoptive parent pursuant to paragraph
(1) on the date of service of this notice, the child’s attorney, and
the child, if the child is 10 years of age or older, of the proposal
in the manner described in Section 16010.6.

(A) Within five court days or seven calendar days, whichever
is longer, of the date of notification, the child, the child’s attorney,
or the designated prospective adoptive parent may file a petition
with the court objecting to the proposal to remove the child, or the
court, upon its own motion, may set a hearing regarding the
proposal. The court may, for good cause, extend the filing period.
A caretaker who would have met the threshold criteria to be
designated as a prospective adoptive parent pursuant to paragraph
(1) on the date of service of the notice of proposed removal of the
child may file, together with the petition under this subparagraph,
a petition for an order designating the caretaker as a prospective
adoptive parent for purposes of this subdivision.

(B) A hearing ordered pursuant to this paragraph shall be held
as soon as possible and not later than five court days after the
petition is filed with the court or the court sets a hearing upon its
own motion, unless the court for good cause is unable to set the
matter for hearing five court days after the petition is filed, in
which case the court shall set the matter for hearing as soon as
possible. At the hearing, the court shall determine whether the
caretaker has met the threshold criteria to be designated as a
prospective adoptive parent pursuant to paragraph (1), and whether
the proposed removal of the child from the home of the designated
prospective adoptive parent is in the child’s best interest, and the
child may not be removed from the home of the designated
prospective adoptive parent unless the court finds that removal is
in the child’s best interest. If the court determines that the caretaker
did not meet the threshold criteria to be designated as a prospective
adoptive parent on the date of service of the notice of proposed
removal of the child, the petition objecting to the proposed removal
filed by the caretaker shall be dismissed. If the caretaker was
designated as a prospective adoptive parent prior to this hearing,
the court shall inquire into any progress made by the caretaker
towards the adoption of the child since the caretaker was designated
as a prospective adoptive parent.

(C) A determination by the court that the caretaker is a
designated prospective adoptive parent pursuant to paragraph (1)
or subparagraph (B) does not make the caretaker a party to the
dependency proceeding nor does it confer on the caretaker any
standing to object to any other action of the department, county
adoption agency, or licensed adoption agency, unless the caretaker
has been declared a de facto parent by the court prior to the notice
of removal served pursuant to paragraph (3).

(D) If a petition objecting to the proposal to remove the child
is not filed, and the court, upon its own motion, does not set a
hearing, the child may be removed from the home of the designated
prospective adoptive parent without a hearing.

(4) Notwithstanding paragraph (3), if the State Department of
Social Services, county adoption agency, or licensed adoption
agency determines that the child must be removed from the home
of the caretaker who is or may be a designated prospective adoptive
parent immediately, due to a risk of physical or emotional harm,
the agency may remove the child from that home and is not
required to provide notice prior to the removal. However, as soon
as possible and not longer than two court days after the removal,
the agency shall notify the court, the caretaker who is or may be
a designated prospective adoptive parent, the child’s attorney, and
the child, if the child is 10 years of age or older, of the removal.
Within five court days or seven calendar days, whichever is longer,
of the date of notification of the removal, the child, the child’s
attorney, or the caretaker who is or may be a designated prospective
adoptive parent may petition for, or the court on its own motion
may set, a noticed hearing pursuant to paragraph (3). The court
may, for good cause, extend the filing period.

(5) Except as provided in subdivision (b) of Section 366.28, an
order by the court issued after a hearing pursuant to this subdivision
shall not be appealable.

(6) Nothing in this section shall preclude a county child
protective services agency from fully investigating and responding
to alleged abuse or neglect of a child pursuant to Section 11165.5
of the Penal Code.

(7) The Judicial Council shall prepare forms to facilitate the
filing of the petitions described in this subdivision, which shall
become effective on January 1, 2006.

begin delete SEC. 15. end delete
begin insert SEC. 14. end insert   

Section 366.3 of the Welfare and Institutions Code
is amended to read:

366.3.  

(a) If a juvenile court orders a permanent plan of
adoption, tribal customary adoption, adoption of a nonminor
dependent pursuant to subdivision (f) of Section 366.31, or legal
guardianship pursuant to Section 360 or 366.26, the court shall
retain jurisdiction over the child or nonminor dependent until the
child or nonminor dependent is adopted or the legal guardianship
is established, except as provided for in Section 366.29 or, on and
after January 1, 2012, Section 366.32. The status of the child or
nonminor dependent shall be reviewed every six months to ensure
that the adoption or legal guardianship is completed as
expeditiously as possible. When the adoption of the child or
nonminor dependent has been granted, or in the case of a tribal
customary adoption, when the tribal customary adoption order has
been afforded full faith and credit and the petition for adoption
has been granted, the court shall terminate its jurisdiction over the
child or nonminor dependent. Following establishment of a legal
guardianship, the court may continue jurisdiction over the child
as a dependent child of the juvenile court or may terminate its
dependency jurisdiction and retain jurisdiction over the child as a
ward of the legal guardianship, as authorized by Section 366.4. If,
however, a relative of the child is appointed the legal guardian of
the child and the child has been placed with the relative for at least
six months, the court shall, except if the relative guardian objects,
or upon a finding of exceptional circumstances, terminate its
dependency jurisdiction and retain jurisdiction over the child as a
ward of the guardianship, as authorized by Section 366.4.
Following a termination of parental rights, the parent or parents
shall not be a party to, or receive notice of, any subsequent
proceedings regarding the child.

(b) (1) If the court has dismissed dependency jurisdiction
following the establishment of a legal guardianship, or no
dependency jurisdiction attached because of the granting of a legal
guardianship pursuant to Section 360, and the legal guardianship
is subsequently revoked or otherwise terminated, the county
department of social services or welfare department shall notify
the juvenile court of this fact. The court may vacate its previous
order dismissing dependency jurisdiction over the child.

(2) Notwithstanding Section 1601 of the Probate Code, the
proceedings to terminate a legal guardianship that has been granted
pursuant to Section 360 or 366.26 shall be held either in the
juvenile court that retains jurisdiction over the guardianship as
authorized by Section 366.4 or the juvenile court in the county
where the guardian and child currently reside, based on the best
interests of the child, unless the termination is due to the
emancipation or adoption of the child. The juvenile court having
jurisdiction over the guardianship shall receive notice from the
court in which the petition is filed within five calendar days of the
filing. Prior to the hearing on a petition to terminate legal
guardianship pursuant to this subdivision, the court shall order the
county department of social services or welfare department having
jurisdiction or jointly with the county department where the
guardian and child currently reside to prepare a report, for the
court’s consideration, that shall include an evaluation of whether
the child could safely remain in, or be returned to, the legal
guardian’s home, without terminating the legal guardianship, if
services were provided to the child or legal guardian. If applicable,
the report shall also identify recommended family maintenance or
reunification services to maintain the legal guardianship and set
forth a plan for providing those services. If the petition to terminate
legal guardianship is granted, either juvenile court may resume
dependency jurisdiction over the child, and may order the county
department of social services or welfare department to develop a
new permanent plan, which shall be presented to the court within
60 days of the termination. If no dependency jurisdiction has
attached, the social worker shall make any investigation he or she
deems necessary to determine whether the child may be within the
jurisdiction of the juvenile court, as provided in Section 328.

(3) Unless the parental rights of the child’s parent or parents
have been terminated, they shall be notified that the legal
guardianship has been revoked or terminated and shall be entitled
to participate in the new permanency planning hearing. The court
shall try to place the child in another permanent placement. At the
hearing, the parents may be considered as custodians but the child
shall not be returned to the parent or parents unless they prove, by
a preponderance of the evidence, that reunification is the best
alternative for the child. The court may, if it is in the best interests
of the child, order that reunification services again be provided to
the parent or parents.

(c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed
circumstances that indicate adoption or, for an Indian child, tribal
customary adoption, may be an appropriate plan for the child, the
department shall so notify the court. The court may vacate its
previous order dismissing dependency jurisdiction over the child
and order that a hearing be held pursuant to Section 366.26 to
determine whether adoption or continued legal guardianship is the
most appropriate plan for the child. The hearing shall be held no
later than 120 days from the date of the order. If the court orders
that a hearing shall be held pursuant to Section 366.26, the court
shall direct the agency supervising the child and the county
adoption agency, or the State Department of Social Services if it
is acting as an adoption agency, to prepare an assessment under
subdivision (b) of Section 366.22.

(d) If the child or, on and after January 1, 2012, nonminor
dependent is in a placement other than the home of a legal guardian
and jurisdiction has not been dismissed, the status of the child shall
be reviewed at least every six months. The review of the status of
a child for whom the court has ordered parental rights terminated
and who has been ordered placed for adoption shall be conducted
by the court. The review of the status of a child or, on and after
January 1, 2012, nonminor dependent for whom the court has not
ordered parental rights terminated and who has not been ordered
placed for adoption may be conducted by the court or an
appropriate local agency. The court shall conduct the review under
the following circumstances:

(1) Upon the request of the child’s parents or legal guardians.

(2) Upon the request of the child or, on and after January 1,
2012, nonminor dependent.

(3) It has been 12 months since a hearing held pursuant to
Section 366.26 or an order that the child remain in foster care
pursuant to Section 366.21, 366.22, 366.25, 366.26, or subdivision
(h).

(4) It has been 12 months since a review was conducted by the
court.

The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been
made.

(e) Except as provided in subdivision (g), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:

(1) The continuing necessity for, and appropriateness of, the
placement.

(2) Identification of individuals other than the child’s siblings
who are important to a child who is 10 years of age or older and
has been in out-of-home placement for six months or longer, 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 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 shall make efforts to identify other individuals who are
important to the child, consistent with the child’s best interests.

(3) The continuing appropriateness and extent of compliance
with the permanent plan for the child, including efforts to maintain
relationships between a child who is 10 years of age or older and
who has been in out-of-home placement for six months or longer
and individuals who are important to the child and efforts to
identify a prospective adoptive parent or legal guardian, including,
but not limited to, child-specific recruitment efforts and listing on
an adoption exchange.

(4) The extent of the agency’s compliance with the child welfare
services case plan in making reasonable efforts either to return the
child to the safe home of the parent or to complete whatever steps
are necessary to finalize the permanent placement of the child. If
the reviewing body determines that a second period of reunification
services is in the child’s best interests, and that there is a significant
likelihood of the child’s return to a safe home due to changed
circumstances of the parent, pursuant to subdivision (f), the specific
reunification services required to effect the child’s return to a safe
home shall be described.

(5) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions or developmental
services decisions for the child. That limitation shall be specifically
addressed in the court order and may not exceed what is necessary
to protect the child. If the court specifically limits the right of the
parent or guardian to make educational decisions or developmental
services decisions for the child, the court shall at the same time
appoint a responsible adult to make educational decisions or
developmental services decisions for the child pursuant to Section
361.

(6) The adequacy of services provided to the child. The court
shall consider the progress in providing the information and
documents to the child, as described in Section 391. The court
shall also consider the need for, and progress in providing, the
assistance and services described in Section 391.

(7) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.

(8) The likely date by which the child may be returned to, and
safely maintained in, the home, placed for adoption, legal
guardianship, placed with a fit and willing relative, or, for an Indian
child, in consultation with the child’s tribe, placed for tribal
customary adoption, or, if the child is 16 years of age or older, begin insert and
no other permanent plan is appropriate at the time of the hearing, end insert
in another planned begin insert permanent end insert living arrangement.

(9) Whether the child has any siblings under the court’s
jurisdiction, and, if any siblings exist, all of the following:

(A) The nature of the relationship between the child and his or
her siblings.

(B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.

(C) If the siblings are not placed together in the same home,
why the siblings are not placed together and what efforts are being
made to place the siblings together, or why those efforts are not
appropriate.

(D) If the siblings are not placed together, all of the following:

(i) The frequency and nature of the visits between the siblings.

(ii) If there are visits between the siblings, whether the visits
are supervised or unsupervised. If the visits are supervised, a
discussion of the reasons why the visits are supervised, and what
needs to be accomplished in order for the visits to be unsupervised.

(iii) If there are visits between the siblings, a description of the
location and length of the visits.

(iv) Any plan to increase visitation between the siblings.

(E) The impact of the sibling relationships on the child’s
placement and planning for legal permanence.

The factors the court may consider as indicators of the nature of
the child’s sibling relationships include, but are not limited to,
whether the siblings were raised together in the same home,
whether the siblings have shared significant common experiences
or have existing close and strong bonds, whether either sibling
expresses a desire to visit or live with his or her sibling, as
applicable, and whether ongoing contact is in the child’s best
emotional interests.

(10) For a child who is begin delete 16 end delete begin insert 14 end insert years of age or older, and, effective
January 1, 2012, for a nonminor dependent, the services needed
to assist the child or nonminor dependent to make the transition
from foster care to begin delete independent living. end delete begin insert successful adulthood. end insert

The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child
have been made.

Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the
child’s permanent plan, the extent of compliance with the case
plan, and the type and adequacy of services provided to the child.

(f) Unless their parental rights have been permanently
terminated, the parent or parents of the child are entitled to receive
notice of, and participate in, those hearings. It shall be presumed
that continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the child.
In those cases, the court may order that further reunification
services to return the child to a safe home environment be provided
to the parent or parents up to a period of six months, and family
maintenance services, as needed for an additional six months in
order to return the child to a safe home environment. On and after
January 1, 2012, this subdivision shall not apply to the parents of
a nonminor dependent.

(g) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered
parental rights terminated and who has been ordered placed for
adoption, or, for an Indian child for whom parental rights are not
being terminated and a tribal customary adoption is being
considered, the county welfare department shall prepare and present
to the court a report describing the following:

(1) The child’s present placement.

(2) The child’s current physical, mental, emotional, and
educational status.

(3) If the child has not been placed with a prospective adoptive
parent or guardian, 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 agency shall ask every child who is 10 years of
age or older to identify any individuals who are important to him
or her, consistent with the child’s best interest, and may ask any
child who is younger than 10 years of age to provide that
information as appropriate. The agency shall make efforts to
identify other individuals who are important to the child.

(4) Whether the child has been placed with a prospective
adoptive parent or parents.

(5) Whether an adoptive placement agreement has been signed
and filed.

(6) If the child has not been placed with a prospective adoptive
parent or parents, the efforts made to identify an appropriate
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.

(7) Whether the final adoption order should include provisions
for postadoptive sibling contact pursuant to Section 366.29.

(8) The progress of the search for an adoptive placement if one
has not been identified.

(9) Any impediments to the adoption or the adoptive placement.

(10) The anticipated date by which the child will be adopted or
placed in an adoptive home.

(11) The anticipated date by which an adoptive placement
agreement will be signed.

(12) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.

The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been
made.

The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.

(h) (1) At the review held pursuant to subdivision (d) for a child
in foster care, the court shall consider all permanency planning
options for the child including whether the child should be returned
to the home of the parent, placed for adoption, or, for an Indian
child, in consultation with the child’s tribe, placed for tribal
customary adoption, or appointed a legal guardian, placed with a
fit and willing relative, or, if compelling reasons exist for finding
that none of the foregoing options are in the best interest of the
child and the child is 16 years of age or older, whether the child
should be placed in another planned permanent living arrangement.
The court shall order that a hearing be held pursuant to Section
366.26, unless it determines by clear and convincing evidence that
there is a compelling reason for determining that a hearing held
pursuant to Section 366.26 is not in the best interest of the child
because the child is being returned to the home of the parent, the
child is not a proper subject for adoption, or no one is willing to
accept legal guardianship as of the hearing date. If the county
adoption agency, or the department when it is acting as an adoption
agency, has determined it is unlikely that the child will be adopted
or one of the conditions described in paragraph (1) of subdivision
(c) of Section 366.26 applies, that fact shall constitute a compelling
reason for purposes of this subdivision. Only upon that
determination may the court order that the child remain in foster
care, without holding a hearing pursuant to Section 366.26. The
court shall make factual findings identifying any barriers to
achieving the permanent plan as of the hearing date. On and after
January 1, 2012, the nonminor dependent’s legal status as an adult
is in and of itself a compelling reason not to hold a hearing pursuant
to Section 366.26.

(2) When the child is 16 years of age or older and in begin delete a planned
permanent living arrangement other than return home, adoption,
legal guardianship, or placement with a fit and willing relative, end delete
begin insert another planned permanent living arrangement, end insert the court shall do
all of the following:

(A) Ask the child about his or her desired permanency outcome.

(B) Make a judicial determination explaining why, as of the
hearing date, another planned permanent living arrangement is the
best permanency plan for the child.

(C) State for the record the compelling reason or reasons why
it continues not to be in the best interest of the child to return home,
be placed for adoption, begin insert be placed for tribal customary adoption
in the case of an Indian child, end insert be placed with a legal guardian, or
be placed with a fit and willing relative.

begin insert

(3) When the child is 16 years of age or older and is in another
planned permanent living arrangement, the social study prepared
for the hearing shall include a description of all of the following:

end insert begin insert

(A) The intensive and ongoing efforts to return the child to the
home of the parent, place the child for adoption, or establish a
legal guardianship, as appropriate.

end insert begin insert

(B) The steps taken to do both of the following:

end insert begin insert

(i) Ensure that the child’s care provider is following the
reasonable and prudent parent standard.

end insert begin insert

(ii) Determine whether the child has regular, ongoing
opportunities to engage in age or developmentally appropriate
activities, including consulting with the child about opportunities
for the child to participate in those activities.

end insert begin insert

(4) When the child is under 16 years of age and has a permanent
plan of return home, adoption, legal guardianship, or placement
with a fit and willing relative, any barriers to achieving the
permanent plan and the efforts made by the agency address those
barriers.

end insert

(i) If, as authorized by subdivision (h), the court orders a hearing
pursuant to Section 366.26, the court shall direct the agency
supervising the child and the county adoption agency, or the State
Department of Social Services when it is acting as an adoption
agency, to prepare an assessment as provided for in subdivision
(i) of Section 366.21 or subdivision (b) of Section 366.22. A
hearing held pursuant to Section 366.26 shall be held no later than
120 days from the date of the 12-month review at which it is
ordered, and at that hearing the court shall determine whether
adoption, tribal customary adoption, legal guardianship, begin insert placement
with a fit and willing relative, end insert or, for a child 16 years of age or
older, another planned begin insert permanent end insert living arrangement is the most
appropriate plan for the child. On and after January 1, 2012, a
hearing pursuant to Section 366.26 shall not be ordered if the child
is a nonminor dependent, unless the nonminor dependent is an
Indian child and tribal customary adoption is recommended as the
permanent plan. The court may order that a nonminor dependent
who otherwise is eligible pursuant to Section 11403 remain in a
planned, permanent living arrangement. At the request of the
nonminor dependent who has an established relationship with an
adult determined to be the nonminor dependent’s permanent
connection, the court may order adoption of the nonminor
dependent pursuant to subdivision (f) of Section 366.31.

(j) The reviews conducted pursuant to subdivision (a) or (d)
may be conducted earlier than every six months if the court
determines that an earlier review is in the best interests of the child
or as court rules prescribe.

begin delete SEC. 16. end delete
begin insert SEC. 15. end insert   

Section 366.31 of the Welfare and Institutions Code
is amended to read:

366.31.  

(a) If a review hearing is the last review hearing to be
held before the minor attains 18 years of age, the court shall ensure
all of the following:

(1) The minor’s case plan includes a plan for the minor to satisfy
one or more of the participation conditions described in paragraphs
(1) to (5), inclusive, of subdivision (b) of Section 11403, so that
the minor is eligible to remain in foster care as a nonminor
dependent.

(2) The minor has been informed of his or her right to seek
termination of dependency jurisdiction pursuant to Section 391,
and understands the potential benefits of continued dependency.

(3) The minor is informed of his or her right to have dependency
reinstated pursuant to subdivision (e) of Section 388, and
understands the potential benefits of continued dependency.

(b) At the review hearing that occurs in the six-month period
prior to the minor’s attaining 18 years of age, and at every
subsequent review hearing for the nonminor dependent, as
described in subdivision (v) of Section 11400, the report shall
describe all of the following:

(1) The minor’s and nonminor’s plans to remain in foster care
and plans to meet one or more of the participation conditions as
described in paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403 to continue to receive AFDC-FC benefits as a
nonminor dependent.

(2) The efforts made and assistance provided to the minor and
nonminor by the social worker or the probation officer so that the
minor and nonminor will be able to meet the participation
conditions.

(3) Efforts toward completing the items described in paragraph
(2) of subdivision (e) of Section 391.

(c) The reviews conducted pursuant to this section for a
nonminor dependent shall be conducted in a manner that respects
the nonminor’s status as a legal adult, focused on the goals and
services described in the youth’s transitional independent living
case plan, as described in subdivision (y) of Section 11400,
including efforts made to maintain connections with caring and
permanently committed adults, and attended, as appropriate, by
additional participants invited by the nonminor dependent.

(d) For a nonminor dependent whose case plan is continued
court-ordered family reunification services pursuant to Section
361.6, the court shall consider whether the nonminor dependent
may safely reside in the home of the parent or guardian. If the
nonminor cannot reside safely in the home of the parent or guardian
or if it is not in the nonminor dependent’s best interest to reside
in the home of the parent or guardian, the court must consider
whether to continue or terminate reunification services for the
parent or legal guardian.

(1) The review report shall include a discussion of all of the
following:

(A) Whether foster care placement continues to be necessary
and appropriate.

(B) The likely date by which the nonminor dependent may reside
safely in the home of the parent or guardian or will achieve
independence.

(C) Whether the parent or guardian and nonminor dependent
were actively involved in the development of the case plan.

(D) Whether the social worker or probation officer has provided
reasonable services designed to aid the parent or guardian to
overcome the problems that led to the initial removal of the
nonminor dependent.

(E) The extent of progress the parents or guardian have made
toward alleviating or mitigating the causes necessitating placement
in foster care.

(F) Whether the nonminor dependent and parent, parents, or
guardian are in agreement with the continuation of reunification
services.

(G) Whether continued reunification services are in the best
interest of the nonminor dependent.

(H) Whether there is a substantial probability that the nonminor
dependent will be able to safely reside in the home of the parent
or guardian by the next review hearing date.

(I) The efforts to maintain the nonminor’s connections with
caring and permanently committed adults.

(J) The agency’s compliance with the nonminor dependent’s
transitional independent living case plan, including efforts to
finalize the nonminor’s permanent plan and prepare the nonminor
dependent for independence.

(K) The progress in providing the information and documents
to the nonminor dependent as described in Section 391.

(2) The court shall inquire about the progress being made to
provide a permanent home for the nonminor, shall consider the
safety of the nonminor dependent, and shall determine all of the
following:

(A) The continuing necessity for, and appropriateness of, the
placement.

(B) Whether the agency has made reasonable efforts to maintain
relationships between the nonminor dependent and individuals
who are important to the nonminor dependent.

(C) The extent of the agency’s compliance with the case plan
in making reasonable efforts or, in the case of an Indian child,
active efforts, as described in Section 361.7, to create a safe home
of the parent or guardian for the nonminor to reside in or to
complete whatever steps are necessary to finalize the permanent
placement of the nonminor dependent.

(D) The extent of the agency’s compliance with the nonminor
dependent’s transitional independent living case plan, including
efforts to finalize the youth’s permanent plan and prepare the
nonminor dependent for independence.

(E) The adequacy of services provided to the parent or guardian
and to the nonminor dependent. The court shall consider the
progress in providing the information and documents to the
nonminor dependent as described in Section 391. The court shall
also consider the need for, and progress in providing, the assistance
and services described in Section 391.

(F) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.

(G) The likely date by which the nonminor dependent may
safely reside in the home of the parent or guardian or, if the court
is terminating reunification services, the likely date by which it is
anticipated the nonminor dependent will achieve independence,
or, for an Indian child, in consultation with the child’s tribe, placed
for tribal customary adoption.

(H) Whether the agency has made reasonable efforts as required
in subparagraph (D) of paragraph (1) of subdivision (a) of Section
366 to establish or maintain the nonminor dependent’s relationship
with his or her siblings who are under the juvenile court’s
jurisdiction.

(I) The services needed to assist the nonminor dependent to
make the transition from foster care to begin delete independent living. end delete
begin insert successful adulthood. end insert

(J) Whether or not reasonable efforts to make and finalize a
permanent placement for the nonminor have been made.

(3) If the court determines that a nonminor dependent may safely
reside in the home of the parent or former guardian, the court may
order the nonminor dependent to return to the family home. After
the nonminor dependent returns to the family home, the court may
terminate jurisdiction and proceed under applicable provisions of
Section 391 or continue jurisdiction as a nonminor under
subdivision (a) of Section 303 and hold hearings as follows:

(A) At every hearing for a nonminor dependent residing in the
home of the parent or guardian, the court shall set a hearing within
six months of the previous hearing. The court shall advise the
parties of their right to be present. At least 10 calendar days before
the hearing, the social worker or probation officer shall file a report
with the court describing the services offered to the family and the
progress made by the family in eliminating the conditions or factors
requiring court supervision. The report shall address all of the
following:

(i) Whether the parent or guardian and the nonminor dependent
were actively involved in the development of the case plan.

(ii) Whether the social worker or probation officer has provided
reasonable services to eliminate the need for court supervision.

(iii) The progress of providing information and documents to
the nonminor dependent as described in Section 391.

(B) The court shall inquire about progress being made, shall
consider the safety of the nonminor dependent, and shall determine
all of the following:

(i) The continuing need for court supervision.

(ii) The extent of the agency’s compliance with the case plan
in making reasonable efforts to maintain a safe family home for
the nonminor dependent.

(C) If the court finds that court supervision is no longer
necessary, the court shall terminate jurisdiction under applicable
provisions of Section 391.

(e) For a nonminor dependent who is no longer receiving
court-ordered family reunification services and is in a permanent
plan of another planned permanent living arrangement, at the
review hearing held every six months pursuant to subdivision (d)
of Section 366.3, the reviewing body shall inquire about the
progress being made to provide permanent connections with caring,
committed adults for the nonminor dependent, shall consider the
safety of the nonminor, shall consider the transitional independent
living case plan, and shall determine all of the following:

(1) The continuing necessity for, and appropriateness of, the
placement.

(2) The continuing appropriateness and extent of compliance
with the permanent plan for the nonminor dependent, including
efforts to identify and maintain relationships with individuals who
are important to the nonminor dependent.

(3) The extent of the agency’s compliance with the nonminor
dependent’s transitional independent living case plan, including
whether or not reasonable efforts have been made to make and
finalize the youth’s permanent plan and prepare the nonminor
dependent for independence.

(4) Whether a prospective adoptive parent has been identified
and assessed as appropriate for the nonminor dependent’s adoption
under this section, whether the prospective adoptive parent has
been informed about the terms of the written negotiated adoption
assistance agreement pursuant to Section 16120, and whether
adoption should be ordered as the nonminor dependent’s permanent
plan. If nonminor dependent adoption is ordered as the nonminor
dependent’s permanent plan, a hearing pursuant to subdivision (f)
shall be held within 60 days. When the court orders a hearing
pursuant to subdivision (f), it shall direct the agency to prepare a
report that shall include the provisions of paragraph (5) of
subdivision (f).

(5) For the nonminor dependent who is an Indian child, whether,
in consultation with the nonminor’s tribe, the nonminor should be
placed for tribal customary adoption.

(6) The adequacy of services provided to the nonminor
dependent. The court shall consider the progress in providing the
information and documents to the nonminor dependent as described
in Section 391. The court shall also consider the need for, and
progress in providing, the assistance and services described in
Section 391.

(7) The likely date by which it is anticipated the nonminor
dependent will achieve adoption or independence.

(8) Whether the agency has made reasonable efforts as required
in subparagraph (D) of paragraph (1) of subdivision (a) of Section
366 to establish or maintain the nonminor dependent’s relationship
with his or her siblings who are under the juvenile court’s
jurisdiction.

(9) The services needed to assist the nonminor dependent to
make the transition from foster care to begin delete independent living. end delete
begin insert successful adulthood. end insert

(10) When the hearing described in this subdivision is begin delete the
permanency hearing end delete held pursuant to paragraph (3) or (4) of
subdivision (d) of Section begin delete 366, end delete begin insert 366.3, and the nonminor dependent
has a permanent plan of another planned permanent living
arrangement, end insert the court shall do all of the following:

(A) Ask the nonminor dependent about his or her desired
permanency outcome.

(B) Make a judicial determination explaining why, as of the
hearing date, another planned permanent living arrangement is the
best permanency plan for the nonminor dependent.

(C) State for the record the compelling reason or reasons why
it continues not to be in the best interest of the nonminor dependent
to return home, be placed for adoption, begin insert be placed for tribal
customary adoption in the case of an Indian child, end insert be placed with
a legal guardian, or be placed with a fit and willing relative.

(f) (1) At a hearing to consider a permanent plan of adoption
for a nonminor dependent, the court shall read and consider the
report in paragraph (5) and receive other evidence that the parties
may present. A copy of the executed negotiated agreement shall
be attached to the report. If the court finds pursuant to this section
that nonminor dependent adoption is the appropriate permanent
plan, it shall make findings and orders to do the following:

(A) Approve the adoption agreement and declare the nonminor
dependent is the adopted child of the adoptive parent, and that the
nonminor dependent and adoptive parents agree to assume toward
each other the legal relationship of parents and child and to have
all of the rights and be subject to all of the duties and
responsibilities of that relationship.

(B) Declare that the birth parents of the nonminor dependent
are, from the time of the adoption, relieved of all parental duties
toward, and responsibility for, the adopted nonminor dependent
and have no rights over the adopted nonminor dependent.

(2) If the court finds that the nonminor dependent and the
prospective adoptive parent have mutually consented to the
adoption, the court may enter the adoption order after it determines
all of the following:

(A) Whether the notice was given as required by law.

(B) Whether the nonminor dependent and prospective adoptive
parent are present for the hearing.

(C) Whether the court has read and considered the assessment
prepared by the social worker or probation officer.

(D) Whether the court considered the wishes of the nonminor
dependent.

(E) If the nonminor dependent is eligible, the prospective
adoptive parent has signed the negotiated adoption assistance
agreement pursuant to subdivision (g) of Section 16120, and
whether a copy of the executed negotiated agreement is attached
to the report.

(F) Whether the adoption is in the best interest of the nonminor
dependent.

(3) If the court orders the establishment of the nonminor
dependent adoption, it shall dismiss dependency or transitional
jurisdiction.

(4) If the court does not order the establishment of the nonminor
dependent adoption, the nonminor dependent shall remain in a
planned permanent living arrangement subject to periodic review
of the juvenile court pursuant to this section.

(5) At least 10 calendar days before the hearing, the social
worker or probation officer shall file a report with the court and
provide a copy of the report to all parties. The report shall describe
the following:

(A) Whether or not the nonminor dependent has any
developmental disability and whether the proposed adoptive parent
is suitable to meet the needs of the nonminor dependent.

(B) The length and nature of the relationship between the
prospective adoptive parent and the nonminor dependent, including
whether the prospective adoptive parent has been determined to
have been established as the nonminor’s permanent connection.

(C) Whether the nonminor dependent has been determined to
be eligible for the adoption assistance program and, if so, whether
the prospective adoptive parent has signed the negotiated adoption
assistance agreement pursuant to subdivision (g) of Section 16120.

(D) Whether a copy of the executed negotiated agreement is
attached to the report.

(E) Whether criminal background clearances were completed
for the prospective adoptive parent as required by Section
671(a)(20)(A) and (a)(20)(C) of Title 42 of the United States Code.

(F) Whether the prospective adoptive parent who is married and
not legally separated from that spouse has the consent of the
spouse, provided that the spouse is capable of giving that consent.

(G) Whether the adoption of the nonminor dependent is in the
best interests of the nonminor dependent and the prospective
adoptive parent.

(H) Whether the nonminor dependent and the prospective
adoptive parent have mutually consented to the adoption.

(6) The social worker or probation officer shall serve written
notice of the hearing in the manner and to the persons set forth in
Section 295, including the prospective adoptive parent or parents,
except that notice to the nonminor’s birth parents is not required.

(7) Nothing in this section shall prevent a nonminor dependent
from filing an adoption petition pursuant to Section 9300 of the
Family Code.

(g) Each licensed foster family agency shall submit reports for
each nonminor dependent in its care to the court concerning the
continuing appropriateness and extent of compliance with the
nonminor dependent’s permanent plan, the extent of compliance
with the transitional independent living case plan, and the type
and adequacy of services provided to the nonminor dependent.
The report shall document that the nonminor has received all the
information and documentation described in paragraph (2) of
subdivision (e) of Section 391. If the court is considering
terminating dependency jurisdiction for a nonminor dependent it
shall first hold a hearing pursuant to Section 391.

begin insert

(h) When the nonminor dependent is in another planned
permanent living arrangement, the social study prepared for the
hearing held under subdivision (e) shall include a description of
all of the following:

end insert begin insert

(1) The intensive and ongoing efforts to return the nonminor
dependent to the home of the parent, place the nonminor dependent
for adoption, or place the nonminor dependent with a fit and
willing relative, as appropriate.

end insert begin insert

(2) The steps taken to do both of the following:

end insert begin insert

(A) Ensure that the nonminor dependent’s care provider is
following the reasonable and prudent parent standard.

end insert begin insert

(B) Determine whether the nonminor dependent has regular,
ongoing opportunities to engage in age or developmentally
appropriate activities, including consulting with the nonminor
dependent about opportunities for the nonminor dependent to
participate in those activities.

end insert

begin delete SEC. 17. end delete
begin insert SEC. 16. end insert   

Section 706.5 of the Welfare and Institutions Code
is amended to read:

706.5.  

(a) If placement in foster care is recommended by the
probation officer, or where the minor is already in foster care
placement or pending placement pursuant to an earlier order, the
social study prepared by the probation officer that is received into
evidence at disposition pursuant to Section 706 shall include a
case plan, as described in Section 706.6. If the court elects to hold
the first status review at the disposition hearing, the social study
shall also include, but not be limited to, the factual material
described in subdivision (c).

(b) If placement in foster care is not recommended by the
probation officer prior to disposition, but the court orders foster
care placement, the court shall order the probation officer to prepare
a case plan, as described in Section 706.6, within 30 days of the
placement order. The case plan shall be filed with the court.

(c) At each status review hearing, the social study shall include,
but not be limited to, an updated case plan as described in Section
706.6 and the following information:

(1) The continuing necessity for and appropriateness of the
placement.

(2) The extent of the probation department’s compliance with
the case plan in making reasonable efforts to safely return the
minor to the minor’s home or to complete whatever steps are
necessary to finalize the permanent placement of the minor.

(3) The extent of progress that has been made by the minor and
parent or guardian toward alleviating or mitigating the causes
necessitating placement in foster care.

(4) If the first permanency planning hearing has not yet occurred,
the social study shall include the likely date by which the minor
may be returned to and safely maintained in the home or placed
for adoption, appointed a legal guardian, permanently placed with
a fit and willing relative, or referred to another planned permanent
living arrangement.

(5) Whether the minor has been or will be referred to educational
services and what services the minor is receiving, including special
education and related services if the minor has exceptional needs
as described in Part 30 (commencing with Section 56000) of
Division 4 of Title 2 of the Education Code or accommodations
if the child has disabilities as described in Chapter 16 (commencing
with Section 701) of Title 29 of the United States Code Annotated.
The probation officer or child advocate shall solicit comments
from the appropriate local education agency prior to completion
of the social study.

(6) If the parent or guardian is unwilling or unable to participate
in making an educational or developmental services decision for
his or her child, or if other circumstances exist that compromise
the ability of the parent or guardian to make educational or
developmental services decisions for the child, the probation
department shall consider whether the right of the parent or
guardian to make educational or developmental services decisions
for the minor should be limited. If the study makes that
recommendation, it shall identify whether there is a responsible
adult available to make educational or developmental services
decisions for the minor pursuant to Section 726.

(7) When the minor is 16 years of age or older and in begin delete a planned
permanent living arrangement other than return home, adoption,
legal guardianship, or placement with a fit and willing relative, end delete
begin insert another planned permanent living arrangement, end insert the social study
shall include a description of all of the following:

(A) The intensive and ongoing efforts to return the minor to the
home of the parent, place the minor for adoption, or establish a
legal guardianship, as appropriate.

(B) The steps taken to do both of the following:

(i) Ensure that the minor’s care provider is following the
reasonable and prudent parent standard.

(ii)  begin delete Ascertain end delete begin insert Determine end insert whether the minor has regular, ongoing
opportunities to engage in age or developmentally appropriate
activities, including consulting with the minor about opportunities
for the minor to participate in the activities.

(8) When the minor is under 16 years of age and has a permanent
plan of return home, adoption, legal guardianship, or placement
with a fit and willing relative, the social study shall include a
description of any barriers to achieving the permanent plan and
the efforts made by the agency to address those barriers.

(d) At each permanency planning hearing, the social study shall
include, but not be limited to, an updated case plan as described
in Section 706.6, the factual material described in subdivision (c)
of this section, and a recommended permanent plan for the minor.

begin delete SEC. 18. end delete
begin insert SEC. 17. end insert   

Section 706.6 of the Welfare and Institutions Code
is amended to read:

706.6.  

A case plan prepared as required by Section 706.5 shall
be submitted to the court. It shall either be attached to the social
study or incorporated as a separate section within the social study.
The case plan shall include, but not be limited to, the following
information:

(a) A description of the circumstances that resulted in the minor
being placed under the supervision of the probation department
and in foster care.

(b) An assessment of the minor’s and family’s strengths and
needs and the type of placement best equipped to meet those needs.

(c) A description of the type of home or institution in which the
minor is to be placed, including a discussion of the safety and
appropriateness of the placement. An appropriate placement is a
placement in the least restrictive, most family-like environment,
in closest proximity to the minor’s home, that meets the minor’s
best interests and special needs.

(d) 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:

(1) Assurances 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.

(2) An assurance that the placement agency has coordinated
with 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.

(e) Specific time-limited goals and related activities designed
to enable the safe return of the minor to his or her home, or in the
event that return to his or her home is not possible, activities
designed to result in permanent placement or emancipation.
Specific responsibility for carrying out the planned activities shall
be assigned to one or more of the following:

(1) The probation department.

(2) The minor’s parent or parents or legal guardian or guardians,
as applicable.

(3) The minor.

(4) The foster parents or licensed agency providing foster care.

(f) The projected date of completion of the case plan objectives
and the date services will be terminated.

(g) (1) Scheduled visits between the minor and his or her family
and an explanation if no visits are made.

(2) Whether the child has other siblings, and, if any siblings
exist, all of the following:

(A) The nature of the relationship between the child and his or
her siblings.

(B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.

(C) If the siblings are not placed together in the same home,
why the siblings are not placed together and what efforts are being
made to place the siblings together, or why those efforts are not
appropriate.

(D) If the siblings are not placed together, all of the following:

(i) The frequency and nature of the visits between the siblings.

(ii) If there are visits between the siblings, whether the visits
are supervised or unsupervised. If the visits are supervised, a
discussion of the reasons why the visits are supervised, and what
needs to be accomplished in order for the visits to be unsupervised.

(iii) If there are visits between the siblings, a description of the
location and length of the visits.

(iv) Any plan to increase visitation between the siblings.

(E) The impact of the sibling relationships on the child’s
placement and planning for legal permanence.

(F) The continuing need to suspend sibling interaction, if
applicable, pursuant to subdivision (c) of Section 16002.

(3) The factors the court may consider in making a determination
regarding the nature of the child’s sibling relationships may
include, but are not limited to, whether the siblings were raised
together in the same home, whether the siblings have shared
significant common experiences or have existing close and strong
bonds, whether either sibling expresses a desire to visit or live with
his or her sibling, as applicable, and whether ongoing contact is
in the child’s best emotional interests.

(h) (1) When 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 minor’s parent or legal guardian or
begin delete out-of-state, end delete begin insert out of state, end insert the case plan shall specify the reasons
why the placement is the most appropriate and is in the best interest
of the minor.

(2) When an out-of-state group home placement is recommended
or made, the case plan shall comply with Section 727.1 begin insert of this code end insert
and Section 7911.1 of the Family Code. In addition, documentation
of the recommendation of the multidisciplinary team and the
rationale for this particular placement shall be included. The case
plan shall also address what in-state services or facilities were used
or considered and why they were not recommended.

(i) If applicable, efforts to make it possible to place siblings
together, unless it has been determined that placement together is
not in the best interest of one or more siblings.

(j) A schedule of visits between the minor and the probation
officer, including a monthly visitation schedule for those children
placed in group homes.

(k) Health and education information about the minor, school
records, immunizations, known medical problems, and any known
medications the minor may be taking, names and addresses of the
minor’s health and educational providers; the minor’s grade level
performance; assurances that the minor’s placement in foster care
takes into account proximity to the school in which the minor was
enrolled at the time of placement; and other relevant health and
educational information.

(l) When out-of-home services are used and the goal is
reunification, the case plan shall describe the services that were
provided to prevent removal of the minor from the home, those
services to be provided to assist in reunification and the services
to be provided concurrently to achieve legal permanency if efforts
to reunify fail.

(m) (1) The updated case plan prepared for a permanency
planning hearing shall include a recommendation for a permanent
plan for the minor. The identified permanent plan for a minor under
16 years of age shall be return home, adoption, legal guardianship,
or placement with a fit and willing relative. The case plan shall
identify any barriers to achieving legal permanence and the steps
the agency will take to address those barriers.

(2) If, after considering reunification, adoptive placement, legal
guardianship, or permanent placement with a fit and willing relative
the probation officer recommends placement in a planned
permanent living arrangement for a minor 16 years of age or older,
the case plan shall include documentation of a compelling reason
or reasons why termination of parental rights is not in the minor’s
best interest. For purposes of this subdivision, a “compelling
reason” shall have the same meaning as in subdivision (c) of
Section 727.3. The case plan shall also identify the intensive and
ongoing efforts to return the minor to the home of the parent, place
the minor for adoption, establish a legal guardianship, or place the
minor with a fit and willing relative, as appropriate. Efforts shall
include the use of technology, including social media, to find
biological family members of the minor.

(n) Each updated case plan shall include a description of the
services that have been provided to the minor under the plan and
an evaluation of the appropriateness and effectiveness of those
services.

(o) A statement that the parent or legal guardian, and the minor
have had an opportunity to participate in the development of the
case plan, to review the case plan, to sign the case plan, and to
receive a copy of the plan, or an explanation about why the parent,
legal guardian, or minor was not able to participate or sign the case
plan.

(p) For a minor in out-of-home care who is 16 years of age or
older, a written description of the programs and services, which
will help the minor prepare for the transition from foster care to
begin delete independent living. end delete begin insert successful adulthood. end insert

begin delete SEC. 19. end delete
begin insert SEC. 18. end insert   

Section 727.2 of the Welfare and Institutions Code
is amended to read:

727.2.  

The purpose of this section is to provide a means to
monitor the safety and well-being of every minor in foster care
who has been declared a ward of the juvenile court pursuant to
Section 601 or 602 and to ensure that everything reasonably
possible is done to facilitate the safe and early return of the minor
to his or her home or to establish an alternative permanent plan
for the minor.

(a) If the court orders the care, custody, and control of the minor
to be under the supervision of the probation officer for placement
pursuant to subdivision (a) of Section 727, the juvenile court shall
order the probation department to ensure the provision of
reunification services to facilitate the safe return of the minor to
his or her home or the permanent placement of the minor, and to
address the needs of the minor while in foster care, except as
provided in subdivision (b).

(b) Reunification services need not be provided to a parent or
legal guardian if the court finds by clear and convincing evidence
that one or more of the following is true:

(1) Reunification services were previously terminated for that
parent or guardian, pursuant to Section 366.21, 366.22, or 366.25,
or not offered, pursuant to subdivision (b) of Section 361.5, in
reference to the same minor.

(2) The parent has been convicted of any of the following:

(A) Murder of another child of the parent.

(B) Voluntary manslaughter of another child of the parent.

(C) Aiding or abetting, attempting, conspiring, or soliciting to
commit that murder or manslaughter described in subparagraph
(A) or (B).

(D) A felony assault that results in serious bodily injury to the
minor or another child of the parent.

(3) The parental rights of the parent with respect to a sibling
have been terminated involuntarily, and it is not in the best interest
of the minor to reunify with his or her parent or legal guardian.

If no reunification services are offered to the parent or guardian,
the permanency planning hearing, as described in Section 727.3,
shall occur within 30 days of the date of the hearing at which the
decision is made not to offer services.

(c) The status of every minor declared a ward and ordered to
be placed in foster care shall be reviewed by the court no less
frequently than once every six months. The six-month time periods
shall be calculated from the date the minor entered foster care, as
defined in paragraph (4) of subdivision (d) of Section 727.4. If the
court so elects, the court may declare the hearing at which the court
orders the care, custody, and control of the minor to be under the
supervision of the probation officer for foster care placement
pursuant to subdivision (a) of Section 727 at the first status review
hearing. It shall be the duty of the probation officer to prepare a
written social study report including an updated case plan, pursuant
to subdivision (b) of Section 706.5, and submit the report to the
court prior to each status review hearing, pursuant to subdivision
(b) of Section 727.4. The social study report shall include all
reports the probation officer relied upon in making his or her
recommendations.

(d) Prior to any status review hearing involving a minor in the
physical custody of a community care facility or foster family
agency, the facility or agency may provide the probation officer
with a report containing its recommendations. Prior to any status
review hearing involving the physical custody of a foster parent,
relative caregiver, preadoptive parent, or legal guardian, that person
may present to the court a report containing his or her
recommendations. The court shall consider all reports and
recommendations filed pursuant to subdivision (c) and pursuant
to this subdivision.

(e) At any status review hearing prior to the first permanency
planning hearing, the court shall consider the safety of the minor
and make findings and orders which determine the following:

(1) The continuing necessity for and appropriateness of the
placement.

(2) The extent of the probation department’s compliance with
the case plan in making reasonable efforts, or in the case of a child
16 years of age or older with begin delete a permanent plan other than return
home, adoption, legal guardianship, or placement with a fit and
willing relative, end delete begin insert another planned permanent living arrangement, end insert
the ongoing and intensive efforts to safely return the minor to the
minor’s home or to complete whatever steps are necessary to
finalize the permanent placement of the minor.

(3) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions for the minor.
That limitation shall be specifically addressed in the court order
and may not exceed what is necessary to protect the minor. If the
court specifically limits the right of the parent or guardian to make
educational decisions for the minor, the court shall at the same
time appoint a responsible adult to make educational decisions for
the minor pursuant to Section 726.

(4) The extent of progress that has been made by the minor and
parent or guardian toward alleviating or mitigating the causes
necessitating placement in foster care.

(5) The likely date by which the minor may be returned to and
safely maintained in the home or placed for adoption, appointed
a legal guardian, permanently placed with a fit and willing relative,
or, if the minor is 16 years of age or older, referred to another
planned permanent living arrangement.

(6) In the case of a minor who has reached 16 years of age, the
court shall, in addition, determine the services needed to assist the
minor to make the transition from foster care to begin delete independent living. end delete
begin insert successful adulthood. end insert

The court shall make these determinations on a case-by-case
basis and reference in its written findings the probation officer’s
report and any other evidence relied upon in reaching its decision.

(f) At any status review hearing prior to the first permanency
hearing, after considering the admissible and relevant evidence,
the court shall order return of the minor to the physical custody of
his or her parent or legal guardian unless the court finds, by a
preponderance of evidence, that the return of the minor to his or
her parent or legal guardian would create a substantial risk of
detriment to the safety, protection, or physical or emotional
well-being of the minor. The probation department shall have the
burden of establishing that detriment. In making its determination,
the court shall review and consider the social study report,
recommendations, and the case plan pursuant to subdivision (b)
of Section 706.5, the report and recommendations of any child
advocate appointed for the minor in the case, and any other reports
submitted to the court pursuant to subdivision (d), and shall
consider the efforts or progress, or both, demonstrated by the minor
and family and the extent to which the minor availed himself or
herself of the services provided.

(g) At all status review hearings subsequent to the first
permanency planning hearing, the court shall consider the safety
of the minor and make the findings and orders as described in
paragraphs (1) to (4), inclusive, and (6) of subdivision (e). The
court shall either make a finding that the previously ordered
permanent plan continues to be appropriate or shall order that a
new permanent plan be adopted pursuant to subdivision (b) of
Section 727.3. However, the court shall not order a permanent plan
of “return to the physical custody of the parent or legal guardian
after further reunification services are offered,” as described in
paragraph (2) of subdivision (b) of Section 727.3.

(h) The status review hearings required by subdivision (c) may
be heard by an administrative review panel, provided that the
administrative panel meets all of the requirements listed in
subparagraph (B) of paragraph (7) of subdivision (d) of Section
727.4.

(i) (1) On and after January 1, 2012, at any status review hearing
at which a recommendation to terminate delinquency jurisdiction
is being considered, or at the status review hearing held closest to
the ward attaining 18 years of age, but no fewer than 90 days before
the ward’s 18th birthday, the court shall consider whether to modify
its jurisdiction pursuant to Section 601 or 602 and assume transition
jurisdiction over the minor pursuant to Section 450. The probation
department shall address this issue in its report to the court and
make a recommendation as to whether transition jurisdiction is
appropriate for the minor.

(2) The court shall order the probation department or the minor’s
attorney to submit an application to the child welfare services
department pursuant to Section 329 to declare the minor a
dependent of the court and modify its jurisdiction from delinquency
to dependency jurisdiction if it finds both of the following:

(A) The ward does not come within the description set forth in
Section 450, but jurisdiction as a ward may no longer be required.

(B) The ward appears to come within the description of Section
300 and cannot be returned home safely.

(3) The court shall set a hearing within 20 judicial days of the
date of its order issued pursuant to paragraph (2) to review the
decision of the child welfare services department and may either
affirm the decision not to file a petition pursuant to Section 300
or order the child welfare services department to file a petition
pursuant to Section 300.

(j) On and after January 1, 2012, if a review hearing pursuant
to this section is the last review hearing to be held before the minor
attains 18 years of age, the court shall ensure that the minor’s
transitional independent living case plan includes a plan for the
minor to meet one or more of the criteria in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 11403, so that the minor
can become a nonminor dependent, and that the minor has been
informed of his or her right to decline to become a nonminor
dependent and to seek termination of the court’s jurisdiction
pursuant to Section 607.2.

begin delete SEC. 20. end delete
begin insert SEC. 19. end insert   

Section 727.3 of the Welfare and Institutions Code
is amended to read:

727.3.  

The purpose of this section is to provide a means to
monitor the safety and well-being of every minor in foster care
who has been declared a ward of the juvenile court pursuant to
Section 601 or 602 and to ensure that everything reasonably
possible is done to facilitate the safe and early return of the minor
to his or her own home or to establish an alternative permanent
plan for the minor.

(a) (1) For every minor declared a ward and ordered to be
placed in foster care, a permanency planning hearing shall be
conducted within 12 months of the date the minor entered foster
care, as defined in paragraph (4) of subdivision (d) of Section
727.4. Subsequent permanency planning hearings shall be
conducted periodically, but no less frequently than once every 12
months thereafter during the period of placement. It shall be the
duty of the probation officer to prepare a written social study report
including an updated case plan and a recommendation for a
permanent plan, pursuant to subdivision (c) of Section 706.5, and
submit the report to the court prior to each permanency planning
hearing, pursuant to subdivision (b) of Section 727.4.

(2) Prior to any permanency planning hearing involving a minor
in the physical custody of a community care facility or foster family
agency, the facility or agency may file with the court a report
containing its recommendations, in addition to the probation
officer’s social study. Prior to any permanency planning hearing
involving the physical custody of a foster parent, relative caregiver,
preadoptive parent, or legal guardian, that person may present to
the court a report containing his or her recommendations. The
court shall consider all reports and recommendations filed pursuant
to this subdivision.

(3) If the minor has a continuing involvement with his or her
parents or legal guardians, the parents or legal guardians shall be
involved in the planning for a permanent placement. The court
order placing the minor in a permanent placement shall include a
specification of the nature and frequency of visiting arrangements
with the parents or legal guardians.

(4) At each permanency planning hearing, the court shall order
a permanent plan for the minor, as described in subdivision (b).
The court shall also make findings, as described in subdivision (e)
of Section 727.2. In the case of a minor who has reached 16 years
of age or older, the court shall, in addition, determine the services
needed to assist the minor to make the transition from foster care
to successful adulthood. The court shall make all of these
determinations on a case-by-case basis and make reference to the
probation officer’s report, the case plan, or other evidence relied
upon in making its decisions.

(5) When the minor begin delete 16 years of age or older is in a planned
permanent living arrangement other than return home, adoption,
legal guardianship, or placement with a fit and willing relative, end delete begin insert is
16 years of age or older, and is in another planned permanent
living arrangement, end insert the court, at each permanency planning
hearing, shall do all of the following:

(A) Ask the minor about his or her desired permanency outcome.

(B) Make a judicial determination explaining why, as of the
hearing date, another planned permanent living arrangement is the
best permanency plan for the minor.

(C) State for the record the compelling reason or reasons why
it continues not to be in the best interest of the minor to return
home, be placed for adoption, be placed with a legal guardian, or
be placed with a fit and willing relative.

(b) At all permanency planning hearings, the court shall
determine the permanent plan for the minor. The court shall order
one of the following permanent plans, which are, in order of
priority:

(1) Return of the minor to the physical custody of the parent or
legal guardian. After considering the admissible and relevant
evidence, the court shall order the return of the minor to the
physical custody of his or her parent or legal guardian unless:

(A) Reunification services were not offered, pursuant to
subdivision (b) of Section 727.2.

(B) The court finds, by a preponderance of the evidence, that
the return of the minor to his or her parent or legal guardian would
create a substantial risk of detriment to the safety, protection, or
physical or emotional well-being of the minor. The probation
department shall have the burden of establishing that detriment.
In making its determination, the court shall review and consider
the social study report and recommendations pursuant to Section
706.5, the report and recommendations of any child advocate
appointed for the minor in the case, and any other reports submitted
pursuant to paragraph (2) of subdivision (a), and shall consider
the efforts or progress, or both, demonstrated by the minor and
family and the extent to which the minor availed himself or herself
of the services provided.

(2) Order that the permanent plan for the minor will be to return
the minor to the physical custody of the parent or legal guardian,
order further reunification services to be provided to the minor
and his or her parent or legal guardian for a period not to exceed
six months and continue the case for up to six months for a
subsequent permanency planning hearing, provided that the
subsequent hearing shall occur within 18 months of the date the
minor was originally taken from the physical custody of his or her
parent or legal guardian. The court shall continue the case only if
it finds that there is a substantial probability that the minor will be
returned to the physical custody of his or her parent or legal
guardian and safely maintained in the home within the extended
period of time or that reasonable services have not been provided
to the parent or guardian. For purposes of this section, in order to
find that there is a substantial probability that the minor will be
returned to the physical custody of his or her parent or legal
guardian, the court shall be required to find that the minor and his
or her parent or legal guardian have demonstrated the capacity and
ability to complete the objectives of the case plan.

The court shall inform the parent or legal guardian that if the
minor cannot be returned home by the next permanency planning
hearing, a proceeding pursuant to Section 727.31 may be initiated.

The court shall not continue the case for further reunification
services if it has been 18 months or more since the date the minor
was originally taken from the physical custody of his or her parent
or legal guardian.

(3) Identify adoption as the permanent plan and order that a
hearing be held within 120 days, pursuant to the procedures
described in Section 727.31. The court shall only set a hearing
pursuant to Section 727.31 if there is clear and convincing evidence
that reasonable services have been provided or offered to the
parents. When the court sets a hearing pursuant to Section 727.31,
it shall order that an adoption assessment report be prepared,
pursuant to subdivision (b) of Section 727.31.

(4) Order a legal guardianship, pursuant to procedures described
in subdivisions (c) to (f), inclusive, of Section 728.

(5) Place the minor with a fit and willing relative. “Placement
with a fit and willing relative” means placing the minor with an
appropriate begin insert approved end insert relative begin delete on a permanent basis. end delete begin insert who is willing
to provide a permanent and stable home for the minor, but is
unable or unwilling to become the legal guardian. end insert When a minor
is placed with a fit and willing relative, the court may authorize
the relative to provide the same legal consent for the minor’s
medical, surgical, and dental care, and education as the custodial
parent of the minor.

(6) (A) If he or she is 16 years of age or older, place the minor
in begin delete a end delete begin insert another end insert planned permanent living arrangement. begin delete A end delete begin insert For
purposes of this section, end insert “planned permanent living arrangement”
means any permanent living arrangement described in Section
11402 begin delete and not end delete begin insert that is ordered by the court for a minor 16 years of
age or older when there is a compelling reason or reasons to
determine that it is not in the best interest of the minor to have any
permanent plan end insert listed in paragraphs (1) to (5), begin delete inclusive, such as end delete
begin insert inclusive. These plans include, but are not limited to, end insert placement
in a specific, identified foster family home, program, or facility
on a permanent basis, or placement in a transitional housing
placement facility. When the court places a minor in a planned
permanent living arrangement, the court shall specify the goal of
the placement, which may include, but shall not be limited to,
return home, begin delete emancipation end delete begin insert emancipation, end insert guardianship, or
permanent placement with a relative.

The court shall only order that the minor remain in a planned
permanent living arrangement if the court finds by clear and
convincing evidence, based upon the evidence already presented
to it that there is a compelling reason, as defined in subdivision
(c), for determining that a plan of termination of parental rights
and adoption is not in the best interest of the minor.

(B) If the minor is under 16 years of age and the court finds by
clear and convincing evidence, based upon the evidence already
presented to it, that there is a compelling reason, as defined in
subdivision (c), for determining that a plan of termination of
parental rights and adoption is not in the best interest of the minor
as of the hearing date, the court shall order the minor to remain in
a foster care placement with a permanent plan of return home,
adoption, legal guardianship, or placement with a fit and willing
begin delete relative. end delete begin insert relative, as appropriate. end insert The court shall make factual
findings identifying any barriers to achieving the permanent plan
as of the hearing date.

(c) A compelling reason for determining that a plan of
termination of parental rights and adoption is not in the best interest
of the minor is any of the following:

(1) Documentation by the probation department that adoption
is not in the best interest of the minor and is not an appropriate
permanency goal. That documentation may include, but is not
limited to, documentation that:

(A) The minor is 12 years of age or older and objects to
termination of parental rights.

(B) The minor is 17 years of age or older and specifically
requests that transition to independent living with the identification
of a caring adult to serve as a lifelong connection be established
as his or her permanent plan. On and after January 1, 2012, this
includes a minor who requests that his or her transitional
independent living case plan include modification of his or her
jurisdiction to that of dependency jurisdiction pursuant to
subdivision (b) of Section 607.2 or subdivision (i) of Section 727.2,
or to that of transition jurisdiction pursuant to Section 450, in order
to be eligible as a nonminor dependent for the extended benefits
pursuant to Section 11403.

(C) The parent or guardian and the minor have a significant
bond, but the parent or guardian is unable to care for the minor
because of an emotional or physical disability, and the minor’s
caregiver has committed to raising the minor to the age of majority
and facilitating visitation with the disabled parent or guardian.

(D) The minor agrees to continued placement in a residential
treatment facility that provides services specifically designed to
address the minor’s treatment needs, and the minor’s needs could
not be served by a less restrictive placement.

The probation department’s recommendation that adoption is
not in the best interest of the minor shall be based on the present
family circumstances of the minor and shall not preclude a different
recommendation at a later date if the minor’s family circumstances
change.

(2) Documentation by the probation department that no grounds
exist to file for termination of parental rights.

(3) Documentation by the probation department that the minor
is an unaccompanied refugee minor, or there are international legal
obligations or foreign policy reasons that would preclude
terminating parental rights.

(4) A finding by the court that the probation department was
required to make reasonable efforts to reunify the minor with the
family pursuant to subdivision (a) of Section 727.2, and did not
make those efforts.

(5) Documentation by the probation department that the minor
is living with a relative who is unable or unwilling to adopt the
minor because of exceptional circumstances that do not include
an unwillingness to accept legal or financial responsibility for the
minor, but who is willing and capable of providing the minor with
a stable and permanent home environment, and the removal of the
minor from the physical custody of his or her relative would be
detrimental to the minor’s emotional well-being.

(d) Nothing in this section shall be construed to limit the ability
of a parent to voluntarily relinquish his or her child to the State
Department of Social Services when it is acting as an adoption
agency or to a county adoption agency at any time while the minor
is a ward of the juvenile court if the department or county adoption
agency is willing to accept the relinquishment.

(e) Any change in the permanent plan of a minor placed with a
fit and willing relative or in a planned permanent living
arrangement shall be made only by order of the court pursuant to
a Section 778 petition or at a regularly scheduled and noticed status
review hearing or permanency planning hearing. Any change in
the permanent plan of a minor placed in a guardianship shall be
made only by order of the court pursuant to a motion filed in
accordance with Section 728.

begin delete SEC. 21. end delete
begin insert SEC. 20. end insert   

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 14th 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 (Public Law 112-34) and the
federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.), 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 (15 U.S.C. Sec. 1681 et seq.).

(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 (Public Law 112-34).

begin delete SEC. 22. end delete
begin insert SEC. 21. end insert   

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 being 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) to (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 apply. However, if a successor guardian is appointed
pursuant to Section 366.3 who is also a kinship guardian, the
successor guardian shall be entitled to receive Kin-GAP on behalf
of the child pursuant to this article 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.
A new period of six months of placement with the successor
guardian shall not be required if that successor guardian has been
assessed pursuant to Sections 361.3 and 361.4 and the court
terminates dependency jurisdiction, subject to federal approval of
amendments to the state plan.

begin delete SEC. 23. end delete
begin insert SEC. 22. end insert   

Section 16002 of the Welfare and Institutions Code
is amended to read:

16002.  

(a) (1) It is the intent of the Legislature to maintain
the continuity of the family unit, and ensure the preservation and
strengthening of the child’s family ties by ensuring that when
siblings have been removed from their home, either as a group on
one occurrence or individually on separate occurrences, the siblings
will be placed in foster care together, unless it has been determined
that placement together is contrary to the safety or well-being of
any sibling. The Legislature recognizes that in order to ensure the
placement of a sibling group in the same foster care placement,
placement resources need to be expanded.

(2) It is also the intent of the Legislature to preserve and
strengthen a child’s sibling relationship so that when a child has
been removed from his or her home and he or she has a sibling or
siblings who remain in the custody of a mutual parent subject to
the court’s jurisdiction, the court has the authority to develop a
visitation plan for the siblings, unless it has been determined that
visitation is contrary to the safety or well-being of any sibling.

(b) The responsible local agency shall make a diligent effort in
all out-of-home placements of dependent children and wards in
foster care, including those with relatives, to place siblings together
in the same placement, and to develop and maintain sibling
relationships. If siblings are not placed together in the same home,
the social worker or probation officer shall explain why the siblings
are not placed together and what efforts he or she is making to
place the siblings together or why making those efforts would be
contrary to the safety and well-being of any of the siblings. When
placement of siblings together in the same home is not possible,
a diligent effort shall be made, and a case plan prepared, to provide
for ongoing and frequent interaction among siblings until family
reunification is achieved, or, if parental rights are terminated, as
part of developing the permanent plan for the child. If the court
determines by clear and convincing evidence that sibling interaction
is contrary to the safety and well-being of any of the siblings, the
reasons for the determination shall be noted in the court order, and
interaction shall be suspended.

(c) When there has been a judicial suspension of sibling
interaction, the reasons for the suspension shall be reviewed at
each periodic review hearing pursuant to Section 366 or 727.3. In
order for the suspension to continue, the court shall make a renewed
finding that sibling interaction is contrary to the safety or
well-being of either child. When the court determines that sibling
interaction can be safely resumed, that determination shall be noted
in the court order and the case plan shall be revised to provide for
sibling interaction.

(d) If the case plan for the child has provisions for sibling
interaction, the child, or his or her parent or legal guardian, shall
have the right to comment on those provisions. If a person wishes
to assert a sibling relationship with a dependent child or ward, he
or she may file a petition in the juvenile court having jurisdiction
over the dependent child pursuant to subdivision (b) of Section
388 or the ward in foster care pursuant to Section 778.

(e) If parental rights are terminated and the court orders a
dependent child or ward to be placed for adoption, the county
adoption agency or the State Department of Social Services shall
take all of the following steps to facilitate ongoing sibling contact,
except in those cases provided in subdivision (b) where the court
determines by clear and convincing evidence that sibling interaction
is contrary to the safety or well-being of the child:

(1) Include in training provided to prospective adoptive parents
information about the importance of sibling relationships to the
adopted child and counseling on methods for maintaining sibling
relationships.

(2) Provide prospective adoptive parents with information about
siblings of the child, except the address where the siblings of the
children reside. However, this address may be disclosed by court
order for good cause shown.

(3) Encourage prospective adoptive parents to make a plan for
facilitating postadoptive contact between the child who is the
subject of a petition for adoption and any siblings of this child.

(f) Information regarding sibling interaction, contact, or
visitation that has been authorized or ordered by the court shall be
provided to the foster parent, relative caretaker, or legal guardian
of the child as soon as possible after the court order is made, in
order to facilitate the interaction, contact, or visitation.

(g) 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.

(h) The court documentation on sibling placements required
under this section shall not require the modification of existing
court order forms until the begin delete Child Welfare Services Case
Management System end delete begin insert Child Welfare Services/Case Management
System (CWS/CMS) end insert is implemented on a statewide basis.

begin delete SEC. 24. end delete
begin insert SEC. 23. end insert   

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, pursuant to Sections
1522.44 and 1529.2 of the Health and Safety Code, to the relative
or nonrelative extended family member caregiver into whose care
the county has placed a foster child. The training shall include, but
is 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).

(12) Knowledge of, and skills related to, the application of the
reasonable and prudent parent standard for the participation of the
child in age or developmentally appropriate activities, as set forth
in Section 1522.44 of the Health and Safety 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).

(9) Knowledge of, and skills related to, the application of the
reasonable and prudent parent standard for the participation of the
child in age or developmentally appropriate activities, as set forth
in Section 1522.44 of the Health and Safety 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.

begin delete SEC. 25. end delete
begin insert SEC. 24. end insert   

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 begin delete post-adoption end delete
begin insert postadoption end insert services. Not less than 30 percent of these 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. 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.

begin delete SEC. 26. end delete
begin insert SEC. 25. end insert   

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 federal legislation, including the Preventing Sex
Trafficking and Strengthening Families Act (Public Law 113-183)
and 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 and other legal permanency
options for children.

begin delete SEC. 27. end delete
begin insert SEC. 26. end insert   

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

16131.5.  

(a) The state shall reinvest adoption and guardianship
incentive payments received through the implementation of the
federal Fostering Connections to Success and Increasing Adoptions
Act of 2008 (Public Law 110-351) and the Preventing Sex
Trafficking and Strengthening Families Act (Public Law 113-183)
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 and guardianship 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.

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 16501 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

16501.  

(a) As used in this chapter, “child welfare services”
means public social services which are directed toward the
accomplishment of any or all of the following purposes: protecting
and promoting the welfare of all children, including handicapped,
homeless, dependent, or neglected children; preventing or
remedying, or assisting in the solution of problems which may
result in, the neglect, abuse, exploitation, or delinquency of
children; preventing the unnecessary separation of children from
their families by identifying family problems, assisting families
in resolving their problems, and preventing breakup of the family
where the prevention of child removal is desirable and possible;
restoring to their families children who have been removed, by
the provision of services to the child and the families; identifying
children to be placed in suitable adoptive homes, in cases where
restoration to the biological family is not possible or appropriate;
and ensuring adequate care of children away from their homes, in
cases where the child cannot be returned home or cannot be placed
for adoption.

“Child welfare services” also means services provided on behalf
of children alleged to be the victims of child abuse, neglect, or
exploitation. The child welfare services provided on behalf of each
child represent a continuum of services, including emergency
response services, family preservation services, family maintenance
services, family reunification services, and permanent placement
services, including supportive transition services. The individual
child’s case plan is the guiding principle in the provision of these
services. The case plan shall be developed within a maximum of
60 days of the initial removal of the child or of the in-person
response required under subdivision (f) 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 comes first.

(1) Child welfare services may include, but are not limited to,
a range of service-funded activities, including case management,
counseling, emergency shelter care, emergency in-home caretakers,
temporary in-home caretakers, respite care, therapeutic day
services, teaching and demonstrating homemakers, parenting
training, substance abuse testing, and transportation. These
service-funded activities shall be available to children and their
families in all phases of the child welfare program in accordance
with the child’s case plan and departmental regulations. Funding
for services is limited to the amount appropriated in the annual
Budget Act and other available county funds.

(2) Service-funded activities to be provided may be determined
by each county, based upon individual child and family needs as
reflected in the service plan.

(3) As used in this chapter, “emergency shelter care” means
emergency shelter provided to children who have been removed
pursuant to Section 300 from their parent or parents or their
guardian or guardians. The department may establish, by
regulation, the time periods for which emergency shelter care shall
be funded. For the purposes of this paragraph, “emergency shelter
care” may include “transitional shelter care facilities” as defined
in paragraph (11) of subdivision (a) of Section 1502 of the Health
and Safety Code.

(b) As used in this chapter, “respite care” means temporary care
for periods not to exceed 72 hours. This care may be provided to
the child’s parents or guardians. This care shall not be limited by
regulation to care over 24 hours. These services shall not be
provided for the purpose of routine, ongoing child care.

(c) The county shall provide child welfare services as needed
pursuant to an approved service plan and in accordance with
regulations promulgated, in consultation with the counties, by the
department. Counties may contract for service-funded activities
as defined in paragraph (1) of subdivision (a). Each county shall
use available private child welfare resources prior to developing
new county-operated resources when the private child welfare
resources are of at least equal quality and lesser or equal cost as
compared with county-operated resources. Counties shall not
contract for needs assessment, client eligibility determination, or
any other activity as specified by regulations of the State
Department of Social Services, except as specifically authorized
in Section 16100.

(d) Nothing in this chapter shall be construed to affect duties
which are delegated to probation officers pursuant to Sections 601
and 654.

(e) Any county may utilize volunteer individuals to supplement
professional child welfare services by providing ancillary support
services in accordance with regulations adopted by the State
Department of Social Services.

(f) As used in this chapter, emergency response services consist
of a response system providing in-person response, 24 hours a day,
seven days a week, to reports of abuse, neglect, or exploitation, as
required by Article 2.5 (commencing with Section 11164) of
Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of
investigation pursuant to Section 11166 of the Penal Code and to
determine the necessity for providing initial intake services and
crisis intervention to maintain the child safely in his or her own
home or to protect the safety of the child. County welfare
departments shall respond to any report of imminent danger to a
child immediately and all other reports within 10 calendar days.
An in-person response is not required when the county welfare
department, based upon an evaluation of risk, determines that an
in-person response is not appropriate. This evaluation includes
collateral, contacts, a review of previous referrals, and other
relevant information, as indicated.

(g) As used in this chapter, family maintenance services are
activities designed to provide in-home protective services to
prevent or remedy neglect, abuse, or exploitation, for the purposes
of preventing separation of children from their families.

(h) As used in this chapter, family reunification services are
activities designed to provide time-limited foster care services to
prevent or remedy neglect, abuse, or exploitation, when the child
cannot safely remain at home, and needs temporary foster care,
while services are provided to reunite the family.

(i)  begin insert (1) end insert begin insert   end insert As used in this chapter, permanent placement services
are activities designed to provide an alternate permanent family
structure for children who because of abuse, neglect, or exploitation
cannot safely remain at home and who are unlikely to ever return
home. These services shall be provided on behalf of children for
whom there has been a judicial determination of a permanent plan
for adoption, legal guardianship, begin delete or long-term end delete begin delete foster care, end delete
begin insert placement with a fit and willing relative, or continued foster care
placement, end insert and, as needed, shall include supportive transition
services to nonminor dependents, as described in subdivision (v)
of Section 11400.

begin insert

(2) For purposes of this section, “another planned permanent
living arrangement” means a permanent plan ordered by the court
for a child 16 years of age or older or a nonminor dependent, when
there is a compelling reason or reasons to determine that it is not
in the best interest of the child or nonminor dependent to return
home, be placed for adoption, be placed for tribal customary
adoption in the case of an Indian child, or be placed with a fit and
willing relative. Placement in a group home, or, on and after
January 1, 2017, a short-term residential treatment facility, shall
not be the identified permanent plan for any child or nonminor
dependent.

end insert

(j) As used in this chapter, family preservation services include
those services specified in Section 16500.5 to avoid or limit
out-of-home placement of children, and may include those services
specified in that section to place children in the least restrictive
environment possible.

(k) (1) (A) In any county electing to implement this
subdivision, all county welfare department employees who have
frequent and routine contact with children shall, by February 1,
1997, and all welfare department employees who are expected to
have frequent and routine contact with children and who are hired
on or after January 1, 1996, and all such employees whose duties
change after January 1, 1996, to include frequent and routine
contact with children, shall, if the employees provide services to
children who are alleged victims of abuse, neglect, or exploitation,
sign a declaration under penalty of perjury regarding any prior
criminal conviction, and shall provide a set of fingerprints to the
county welfare director.

(B) The county welfare director shall secure from the
Department of Justice a criminal record to determine whether the
employee has ever been convicted of a crime other than a minor
traffic violation. The Department of Justice shall deliver the
criminal record to the county welfare director.

(C) If it is found that the employee has been convicted of a
crime, other than a minor traffic violation, the county welfare
director shall determine whether there is substantial and convincing
evidence to support a reasonable belief that the employee is of
good character so as to justify frequent and routine contact with
children.

(D) No exemption shall be granted pursuant to subparagraph
(C) if the person has been convicted of a sex offense against a
minor, or has been convicted of an offense specified in Section
220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in
paragraph (1) of Section 273a of, or subdivision (a) or (b) of
Section 368 of, the Penal Code, or has been convicted of an offense
specified in subdivision (c) of Section 667.5 of the Penal Code.
The county welfare director shall suspend such a person from any
duties involving frequent and routine contact with children.

(E) Notwithstanding subparagraph (D), the county welfare
director may grant an exemption if the employee or prospective
employee, who was convicted of a crime against an individual
specified in paragraph (1) or (7) of subdivision (c) of Section 667.5
of the Penal Code, has been rehabilitated as provided in Section
4852.03 of the Penal Code and 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 or prospective 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. In that case, the
county welfare director may give the employee or prospective
employee an opportunity to explain the conviction and shall
consider that explanation in the evaluation of the criminal
conviction record.

(F) If no criminal record information has been recorded, the
county welfare director shall cause a statement of that fact to be
included in that person’s personnel file.

(2) For purposes of this subdivision, a conviction means a plea
or verdict of guilty or a conviction following a plea of nolo
contendere. Any action which the county welfare director is
permitted to take following the establishment of a conviction may
be taken when the time for appeal has elapsed, or 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 subdivision, 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.

SEC. 28.  

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 successful adulthood. 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 successful adulthood. 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 successful adulthood. 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 begin delete Child Welfare
Services Case Management System end delete begin insert Child Welfare Services/Case
Management System (CWS/CMS) end insert 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 of this code 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) (A) If the case plan has as its goal for the child a permanent
plan of adoption or legal guardianship, 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, or a legal guardian, 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.
Regardless of whether the child has been freed for adoption,
documentation shall include a description of any barriers to
achieving legal permanence and the steps the agency will take to
address those barriers. If the plan is for kinship guardianship, the
case plan shall document how the child meets the kinship
guardianship eligibility requirements.

(B) When the child is 16 years of age or older and is in begin delete a planned
permanent living arrangement other than return home, adoption,
legal guardianship, or placement with a fit and willing relative, end delete
begin insert another planned permanent living arrangement, end insert the case plan shall
identify the intensive and ongoing efforts to return the child to the
home of the parent, place the child for adoption, begin insert place the child
for tribal customary adoption in the case of an Indian child, end insert
establish a legal guardianship, or place the child nonminor
dependent with a fit and willing relative, as appropriate. Efforts
shall include the use of technology, including social media, to find
biological family members of the child.

(16) (A)  begin delete When end delete begin insert (i) end insert begin insert   end insert begin insert For a child who is 14 or 15 years of age,
the case plan shall include 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
successful adulthood. The description may be included in the
document described in subparagraph (A) of paragraph (18). end insert

begin insert (ii) end insert begin insert   end insert begin insert When end insert 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 successful adulthood,
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) of 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 14 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.

(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 begin delete child welfare end delete agency, at any time, may 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.

(18) For youth begin insert in foster care end insert 14 years of age and older and
nonminor dependents, the case plan shall include both of the
following:

(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.

(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.

(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.

(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 begin delete Child Welfare Services Case Management
System end delete begin insert Child Welfare Services/Case Management System
(CWS/CMS) end insert 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.

begin delete

(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).

end delete begin insert

(k) Each county shall ensure that the total number of visits made
by caseworkers on a monthly basis to children in foster care during
a federal fiscal year is not less than 95 percent of the total number
of those visits that would occur if each child were visited once
every month while in care and that the majority of the visits occur
in the residence of the child. The county child welfare and
probation departments shall comply with data reporting
requirements that the department deems necessary to comply with
the federal Child and Family Services Improvement Act of 2006
(Public Law 109-288) and the federal Child and Family Services
Improvement and Innovation Act of 2011 (Public Law 112-34).

end insert

SEC. 29.  

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

16501.4.  

(a) On or before September begin delete 30, end delete begin insert 29, end insert 2016, county
child welfare agencies and probation departments shall begin delete develop
and end delete implement policies and procedures that 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).

(4) Receive relevant training in the identification,
documentation, and determination of appropriate services for any
child or youth identified in paragraph (1).

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

(1) Describe the efforts used by county child welfare or
probation staff to expeditiously locate any child or nonminor
dependent missing from care, including, but not limited to, the
timeframe for reporting begin delete the youth missing, end delete begin insert missing youth, end insert the
individuals or entities entitled to notice that begin delete the end delete begin insert a end insert youth is missing,
any required initial and ongoing efforts to locate begin delete the end delete youth, and
begin delete the plan end delete begin insert plans end insert to return begin delete the end delete youth to placement. begin delete County welfare
agencies shall also describe how the efforts described in this
paragraph will be documented in the Child Welfare Services/Case
Management System. end delete

begin insert

(2) Require the social worker or probation officer to do all of
the following:

end insert begin delete

(2)

end delete

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

begin delete

(3)

end delete

begin insert (B) end insert  Respond to factors identified in paragraph (2) in subsequent
placements, to the extent possible.

begin delete

(4)

end delete

begin insert (C) end insert  Determine the child’s or nonminor dependent’s experiences
while absent from care.

begin delete

(5)

end delete

begin insert (D) end insert  Determine whether the child or nonminor dependent is a
possible begin delete sex trafficking victim. end delete begin insert victim of commercial sexual
exploitation. end insert

begin insert

(E) Document the activities and information described in
subparagraphs (A) to (D), inclusive, for federal reporting purposes,
consistent with instructions from the department.

end insert

(c) In consultation with stakeholders, including, but not limited
to, the County Welfare Directors Association of California, the
Chief Probation Officers of California, former foster youth, begin delete the
California Department of Education, the Department of Health
Care Services, state and local law enforcement, and agencies with
experience serving children and youth at risk of commercial sexual
exploitation, end delete begin insert and child advocacy organizations, end insert the department
shall develop model begin delete policies and procedures end delete begin insert policies, procedures,
and protocols end insert to assist the counties to comply with this section.
begin insert In addition, the department shall consult with the California
Department of Education, the State Department of Health Care
Services, state and local law enforcement, and agencies with
experience serving children and youth at risk of commercial sexual
exploitation in the development of the model policies and
procedures described in subdivision (a). end insert

(d) Notwithstanding the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code), the department may implement
this section through all-county letters or similar instructions begin delete from
the director end delete until regulations are adopted.

SEC. 30.  

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

16501.45.  

(a) To ensure compliance with federal reporting
requirements, including those of Public Law 113-183, the
Preventing Sex Trafficking and Strengthening Families Act, the
State Department of Social Services shall ensure that the Child
Welfare Services/Case Management System is capable of collecting
all of the following information:

(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.

(5) For children in foster care placed in group homes or
short-term residential treatment centers, the data identified in
Section 679b(a)(7)(A) of Title 42 of the United States Code.

(6) Data regarding children and nonminor dependents in foster
care who are pregnant or parenting, as required by Section
679b(a)(7)(B) of Title 42 of the United States Code.

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

(c) Upon the request of the department, a county child welfare
agency, county probation department, or entity operating a program
pursuant to an agreement with the department under Section
10553.1, shall provide additional information or data necessary
for the department to comply with federal reporting requirements.

SEC. 31.  

Section 16519.51 is added to the Welfare and
Institutions Code, to read:

16519.51.  

Notwithstanding any other law, preapproval training
for a resource family applicant and annual training for an approved
resource family shall include training on knowledge and skills
related to the application of the reasonable and prudent parent
standard for the participation of the child in age or developmentally
appropriate activities, as set forth in Section 1522.4 of the Health
and Safety Code.

SEC. 32.  

Except as required by Section 36 of Article XIII of
the California Constitution, no reimbursement 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.