Amended in Senate April 19, 2016

Amended in Senate March 31, 2016

Amended in Senate March 28, 2016

Senate Bill No. 1056

Introduced by Senator Liu

February 16, 2016

An act to amend Sections 361.5, 366.1, 366.21, 366.215, 366.22, 366.25, 16500.1, 16500.5, and 16517 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

SB 1056, as amended, Liu. Juveniles: family reunification.

Existing law establishes the jurisdiction of the juvenile court, which is authorized to adjudge certain children to be dependents of the court under certain circumstances, and prescribes various hearings and other procedures for these purposes, including the periodic review of the status of every dependent child in foster care, as determined by the court. Existing law requires a supplemental report, with specified content, to be filed in connection with this review, as specified.

This bill would require the county, if the parent is in substantial compliance with the case plan and a lack of housing is the sole impediment to family reunification, to include information in the supplemental report about its consideration of the services offered by the county welfare department to assist the parent in securing appropriate housing. The bill would also require the court, at the periodic reviews, to consider whether the parent is in substantial compliance with the court-ordered case plan, whether lack of housing is the sole impediment to family reunification, and whether the child can be returned to the parent upon the parent securing appropriate housing. The bill would authorize the court, if the parent is in substantial compliance with the court-ordered case plan and lack of housing is the sole impediment to family reunification, to order that the child be returned to the parent’s physical custody within 5 days after the parent has secured begin delete appropriate housing and to order supportive services for the family to assist the family in maintaining housing, as specified. end delete begin insert safe and adequate housing, as confirmed by the county child welfare agency, and to order the county to assist the family in maintaining housing with referral to, and coordination of, supportive services. end insert The bill would also require the court to consider a parent’s homelessness or whether he or she is a minor parent when deciding whether to continue the case or hold certain hearings. By imposing additional duties on local entities and social workers, the bill would impose a state-mandated local program.

Existing law generally requires, whenever a child is removed from a parent’s or guardian’s custody, the juvenile court to order a social worker to provide child welfare services to a child, the child’s mother and statutorily presumed father, or guardians. Existing law authorizes the court to extend the time that court-ordered services are provided, and requires the court, when determining whether to extend the time, to consider the special circumstances of certain types of parents, including, among others, parents who have been incarcerated or institutionalized. Existing law requires the court to order reasonable services for those parents, as specified, taking into consideration particular barriers to those persons. Existing law requires the social worker to document in the child’s case plan those particular barriers.

This bill would require the court to consider the special circumstances of homeless parents or minor parents when determining whether to extend the time that court-ordered services are provided. The bill would also require the court to order reasonable services for minor parents, taking into consideration particular barriers to those persons. The bill would require the inclusion of that information in the child’s case plan. By imposing additional duties on local entities and social workers, the bill would impose a state-mandated local program.

Existing law declares the intent of the Legislature to encourage the continuity of the family unit by providing family preservation services. Existing law specifies the types of services that may be provided under this program, including, transportation and family support services.

This bill would specify that the services provided may also include housing and supportive services for homeless parents, as specified.

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

361.5.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) Transportation services, when appropriate.

(C) Visitation services, when appropriate.

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

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

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

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

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

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

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

(A) Current search efforts for an absent parent or parents and
notification of a noncustodial parent in the manner provided for
in Section 291.

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

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

(D) A preliminary assessment of the eligibility and commitment
of any identified prospective adoptive parent or guardian, including
a prospective tribal customary adoptive parent, particularly the
caretaker, to include a social history, including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child’s needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship. If a proposed guardian is a relative of the minor, the
assessment shall also consider, but need not be limited to, all of
the factors specified in subdivision (a) of Section 361.3 and in
Section 361.4. As used in this subparagraph, “relative” means an
adult who is related to the minor by blood, adoption, or affinity
within the fifth degree of kinship, including stepparents,
stepsiblings, and all relatives whose status is preceded by the words
“great,” “great-great,” or “grand,” or the spouse of any of those
persons even if the marriage was terminated by death or
dissolution. If the proposed permanent plan is guardianship with
an approved relative caregiver for a minor eligible for aid under
the Kin-GAP Program, as provided for in Article 4.7 (commencing
with Section 11385) of Chapter 2 of Part 3 of Division 9, “relative”
as used in this section has the same meaning as “relative” as
defined in subdivision (c) of Section 11391.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(j) When the court determines that reunification services will
not be ordered, it shall order that the child’s caregiver receive the
child’s birth certificate in accordance with Sections 16010.4 and
16010.5. Additionally, when the court determines that reunification
services will not be ordered, it shall order, when appropriate, that
a child who is 16 years of age or older receive his or her birth
certificate.

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

begin insert

(l) As used in this section, “homeless” has the same meaning
as that term is defined in Section 103 of the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302).

end insert

SEC. 2.  

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 any 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.

(3) If the parent is in substantial compliance with the case plan
and a lack of housing is the sole impediment to family
reunification, the services offered by the county welfare department
to assist the parent in securing appropriate housing.

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

SEC. 3.  

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, when 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 of services provided, taking into account the particular
barriers to a minor parent or a nonminor dependent parent, or an
incarcerated, institutionalized, detained, homeless, or deported
parent’s or legal guardian’s access to those court-mandated services
and ability to maintain contact with his or her child. The court
shall also consider whether the parent is in substantial compliance
with the court-ordered case plan, whether lack of housing is the
sole impediment to family reunification, and whether the child can
be returned to the parent upon the parent securing appropriate
housing. In making its determination, the court shall review and
consider the referral and coordination of services provided by the
county, and the efforts, progress, or both demonstrated by the
parent, and the extent to which he or she availed himself or herself
of services provided, taking into account the particular barriers to
a homeless parent’s access to those services and ability to maintain
contact with his or her child. If the parent is in substantial
compliance with the court-ordered case plan and lack of housing
is the sole impediment to family reunification, the court may order
that the child be returned to the parent’s physical custody within
five days after the parent has secured begin delete appropriate housing and
order supportive services for the family to assist the family in
maintaining housing. end delete begin insert safe and adequate housing, as confirmed by
the county child welfare agency, and may order the county to assist
the family in maintaining housing with end insert begin insert referral to end insert begin insert , and coordination
of end insert begin insert , supportive services. end insert Appropriate housing may include, but is
not limited to, housing provided through rapid rehousing,
transitional, or permanent housing programs, and funded by federal,
state, or county sources, or through various nonprofit organizations.

(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, when 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, status as a minor, homelessness,
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) 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 a minor parent or a
nonminor dependent parent, or an incarcerated, institutionalized,
detained, homeless, 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.

(D) The court shall also consider whether the parent is in
substantial compliance with the court-ordered case plan, whether
lack of housing is the sole impediment to family reunification, and
whether the child can be returned to the parent upon the parent
securing appropriate housing. In making its determination, the
court shall review and consider the referral and coordination of
services provided by the county, and the efforts, progress, or both
demonstrated by the parent, and the extent to which he or she
availed himself or herself of services provided, taking into account
the particular barriers to a homeless parent’s access to those
services and ability to maintain contact with his or her child. If the
parent is in substantial compliance with the court-ordered case
plan and lack of housing is the sole impediment to family
reunification, the court may order that the child be returned to the
parent’s physical custody within five days after the parent has
secured begin delete appropriate housing and order supportive services for the
family to assist the family in maintaining housing. end delete begin insert safe and
adequate housing, as confirmed by the county child welfare agency,
and may order the county to assist the family in maintaining
housing with referral to, and coordination of, supportive services. end insert
Appropriate housing may include, but is not limited to, housing
provided through rapid rehousing, transitional, or permanent
housing programs, and funded by federal, state, or county sources,
or through various nonprofit organizations.

(E) 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.

(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 is a
minor parent, homeless, or 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 status as a minor, homelessness,
or 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, tribal customary adoption
in the case of an Indian child, 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, and no other
permanent plan is appropriate at the time of the hearing, the court
may order another planned permanent living arrangement, as
described in paragraph (2) of subdivision (i) of Section 16501.

(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 shall not, in and of itself, be deemed a failure to
provide or offer reasonable services:

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

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

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

begin insert

(m) As used in this section, “homeless” has the same meaning
as that term is defined in Section 103 of the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302).
“Homelessness” is the status of being homeless.

end insert

SEC. 4.  

Section 366.215 of the Welfare and Institutions Code
is amended to read:

366.215.  

begin insert (a) end insert begin insert   end insert With respect to a hearing held pursuant to
subdivision (e) of Section 366.21, if the child in question 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, the court, in determining
whether to schedule a hearing pursuant to Section 366.26, 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, status as a minor, homelessness,
detention by the United States Department of Homeland Security,
or deportation.

begin insert

(b) As used in this section, “homelessness” is the status of being
homeless, as defined in Section 103 of the federal McKinney-Vento
Homeless Assistance Act (42 U.S.C. Sec. 11302).

end insert

SEC. 5.  

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 a minor parent or a
nonminor dependent parent, or an incarcerated, institutionalized,
or homeless 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. The court shall also consider
whether the parent is in substantial compliance with the
court-ordered case plan, whether lack of housing is the sole
impediment to family reunification, and whether the child can be
returned to the parent upon the parent securing appropriate housing.
In making its determination, the court shall review and consider
the referral and coordination of services provided by the county,
and the efforts, progress, or both demonstrated by the parent, and
the extent to which he or she availed himself or herself of services
provided, taking into account the particular barriers to a homeless
parent’s access to those services and ability to maintain contact
with his or her child. If the parent is in substantial compliance with
the court-ordered case plan and lack of housing is the sole
impediment to family reunification, the court may order that the
child be returned to the parent’s physical custody within five days
after the parent has secured begin delete appropriate housing and order
supportive services for the family to assist the family in maintaining
housing. end delete begin insert safe and adequate housing, as confirmed by the county
child welfare agency, and may order the county to assist the family
in maintaining housing with referral to, and coordination of,
supportive services. end insert Appropriate housing may include, but is not
limited to, housing provided through rapid rehousing, transitional,
or permanent housing programs, and funded by federal, state, or
county sources, or through various nonprofit organizations.

(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, tribal customary
adoption in the case of an Indian child, legal guardianship, or
placement with a fit and willing relative, as appropriate. If the
child is 16 years of age or older or is a nonminor dependent, and
no other permanent plan is appropriate at the time of the hearing,
the court may order another planned permanent living arrangement,
as described in paragraph (2) of subdivision (i) of Section 16501.
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, a parent who was either a minor parent or a nonminor
dependent parent at the time of the initial hearing making
significant and consistent progress in establishing a safe home for
the child’s return, or a parent recently discharged from
incarceration, institutionalization, or the custody of the United
States Department of Homeland Security or a parent who is
homeless 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, or to locate housing, and to provide
for the child’s safety, protection, physical and emotional
well-being, and special needs.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin insert

(f) As used in this section, “homeless” has the same meaning
as that term is defined in Section 103 of the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302).

end insert

SEC. 6.  

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. The court shall also consider whether the parent is in
substantial compliance with the court-ordered case plan, whether
lack of housing is the sole impediment to family reunification, and
whether the child can be returned to the parent upon the parent
securing appropriate housing. In making its determination, the
court shall review and consider the referral and coordination of
services provided by the county, and the efforts, progress, or both
demonstrated by the parent, and the extent to which he or she
availed himself or herself of services provided, taking into account
the particular barriers to a homeless parent’s access to those
services and ability to maintain contact with his or her child. If the
parent is in substantial compliance with the court-ordered case
plan and lack of housing is the sole impediment to family
reunification, the court may order that the child be returned to the
parent’s physical custody within five days after the parent has
secured begin delete appropriate housing and order supportive services for the
family to assist the family in maintaining housing. end delete begin insert safe and
adequate housing, as confirmed by the county child welfare agency,
and may order the county to assist the family in maintaining
housing with referral to, and coordination of, supportive services. end insert
Appropriate housing may include, but is not limited to, housing
provided through rapid rehousing, transitional, or permanent
housing programs, and funded by federal, state, or county sources,
or through various nonprofit organizations.

(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, 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 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, tribal customary adoption
in the case of an Indian child, legal guardianship, or placement
with a fit and willing relative, as appropriate. If the child is 16
years of age or older or is a nonminor dependent, and no other
permanent plan is appropriate at the time of the hearing, the court
may order another planned permanent living arrangement, as
described in paragraph (2) of subdivision (i) of Section 16501.
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 insert

(e) As used in this section, “homeless” has the same meaning
as that term is defined in Section 103 of the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302).

end insert

SEC. 7.  

Section 16500.1 of the Welfare and Institutions Code
is amended to read:

16500.1.  

(a) It is the intent of the Legislature to use the
strengths of families and communities to serve the needs of children
who are alleged to be abused or neglected, as described in Section
300, to reduce the necessity for removing these children from their
home, to encourage speedy reunification of families when it can
be safely accomplished, to reduce the length of stay in out-of-home
care and hasten reunification when it can be safely accomplished
and lack of housing is the only impediment to reunification, to
locate permanent homes and families for children who cannot
return to their biological families, to reduce the number of
placements experienced by these children, to ensure that children
leaving the foster care system have support within their
communities, to improve the quality and homelike nature of
out-of-home care, and to foster the educational progress of children
in out-of-home care.

(b) In order to achieve the goals specified in subdivision (a),
the state shall encourage the development of approaches to child
protection that do all of the following:

(1) Allow children to remain in their own schools, in close
proximity to their families.

(2) Increase the number and quality of foster families available
to serve these children.

(3) Use a team approach to foster care that permits the biological
and foster family and the child to be part of that team.

(4) Use team decisionmaking in case planning.

(5) Provide support to foster children and foster families.

(6) Ensure that licensing requirements do not create barriers to
recruitment of qualified, high-quality foster homes.

(7) Provide training for foster parents and professional staff on
working effectively with families and communities.

(8) Encourage foster parents to serve as mentors and role models
for biological parents.

(9) Use community resources, including community-based
agencies and volunteer organizations, to assist in developing
placements for children and to provide support for children and
their families.

(10) Ensure an appropriate array of placement resources for
children in need of out-of-home care.

(11) Ensure that no child leaves foster care without a lifelong
connection to a committed adult.

(12) Ensure that children are actively involved in the case plan
and permanency planning process.

(13) Provide housing and supportive services to parents who
are in substantial compliance with their case plan and lack of
housing is the only impediment to family reunification.

(c) (1) Each county shall provide the department with a disaster
response plan describing how county programs assisted under Part
B (commencing with Section 620) and Part E (commencing with
Section 670) of Subchapter IV of Chapter 7 of Title 42 of the
United States Code (Titles IV-B and IV-E of the Social Security
Act) would respond to a disaster. The plan shall set forth
procedures describing how each county will perform the following
services:

(A) Identify, locate, and continue availability of services for
children under state care or supervision who are displaced or
adversely affected by a disaster.

(B) Respond, as appropriate, to new child welfare cases in areas
adversely affected by a disaster, and provide services in those
cases.

(C) Remain in communication with caseworkers and other
essential child welfare personnel who are displaced because of a
disaster.

(D) Preserve essential program records.

(E) Coordinate services and share information with other
counties.

(2) The department shall review its disaster plan with respect
to subparagraphs (A) to (E), inclusive, of paragraph (1), and shall
revise the plan to clarify the role and responsibilities of the state
in the event of a disaster.

(3) The department shall consult with counties to identify
opportunities for collaboration between counties, and between the
county and the state, in the event of a disaster.

(d) In carrying out the requirements of subdivisions (b) and (c),
the department shall do all of the following:

(1) Consider the existing array of program models provided in
statute and in practice, including, but not limited to, wraparound
services, as defined in Section 18251, children’s systems of care,
as provided for in Section 5852, the Oregon Family Unity or Santa
Clara County Family Conference models, which include family
conferences at key points in the casework process, such as when
out-of-home placement or return home is considered, and the Annie
E. Casey Foundation Family to Family initiative, which uses team
decisionmaking in case planning, community-based placement
practices requiring that children be placed in foster care in the
communities where they resided prior to placement, and involve
foster families as team members in family reunification efforts.

(2) Ensure that emergency response services, family
maintenance services, family reunification services, and permanent
placement services are coordinated with the implementation of the
models described in paragraph (1).

(3) Ensure consistency between child welfare services program
regulations and the program models described in paragraph (1).

(e) The department, in conjunction with stakeholders, including,
but not limited to, county child welfare services agencies, foster
parent and group home associations, the California Youth
Connection, and other child advocacy groups, shall review the
existing child welfare services program regulations to ensure that
these regulations are consistent with the legislative intent specified
in subdivision (a). This review shall also determine how to
incorporate the best practice guidelines for assessment of children
and families receiving child welfare and foster care services, as
required by Section 16501.2.

(f) The department shall report to the Legislature on the results
of the actions taken under this section on or before January 1, 2002.

SEC. 8.  

Section 16500.5 of the Welfare and Institutions Code
is amended to read:

16500.5.  

(a) (1) The Legislature hereby declares its intent to
encourage the continuity of the family unit by:

(A) (i) Providing family preservation services.

(ii) For purposes of this subdivision, “family preservation
services” means intensive services for families whose children,
without these services, would be subject to any of the following:

(I) Be at imminent risk of out-of-home placement.

(II) Remain in existing out-of-home placement for longer periods
of time.

(III) Be placed in a more restrictive out-of-home placement.

(B) Providing supportive services for those children within the
meaning of Sections 360, 361, and 364 when they are returned to
the family unit or when a minor will probably soon be within the
jurisdiction of the juvenile court pursuant to Section 301.

(C) Providing counseling and family support services designed
to eradicate the situation that necessitated intervention.

(2) The Legislature finds that maintaining abused and neglected
children in foster care grows increasingly costly each year, and
that adequate funding for family services that might enable these
children to remain in their homes is not as readily available as
funding for foster care placement.

(3) The Legislature further finds that other state bodies have
addressed this problem through various systems of flexible
reimbursement in child welfare programs that provide for more
intensive and appropriate services to prevent foster care placement
or significantly reduce the length of stay in foster care.

(b) It is the intent of the Legislature that family preservation
and support services in California conform to the federal definitions
contained in Section 431 of the Social Security Act as contained
in Public Law 103-66, the Omnibus Budget Reconciliation Act of
1987. The Legislature finds and declares that California’s existing
family preservation programs meet the intent of the federal
Promoting Safe and Stable Families program.

(c) (1) Services that may be provided under this program may
include, but are not limited to, counseling, mental health treatment
and substance abuse treatment services, including treatment at a
residential substance abuse treatment facility that accepts families,
parenting, respite, day treatment, transportation, homemaking,
family support services, and housing and supportive services for
homeless parents of dependent children removed from the physical
custody of their parents or guardians if the parent or guardian is
in substantial compliance with their case plan and lack of housing
is the sole impediment to reunification. Each county that chooses
to provide mental health treatment and substance abuse treatment
shall identify and develop these services in consultation with
county mental health treatment and substance abuse treatment
agencies. Additional services may include those enumerated in
Sections 16506 and 16507. The services to be provided pursuant
to this section may be determined by each participating county.
Each county may contract with individuals and organizations for
services to be provided pursuant to this section. Each county shall
utilize available private nonprofit resources in the county prior to
developing new county-operated resources when these private
nonprofit resources are of at least equal quality and costs as
county-operated resources and shall utilize available county
resources of at least equal quality and cost prior to new private
nonprofit resources.

(2) Participating counties authorized by this subdivision shall
provide specific programs of direct services based on individual
family needs as reflected in the service plans to families of the
following:

(A) Children who are dependent children not taken from
physical custody of their parents or guardians pursuant to Section
364.

(B) Children who are dependent children removed from the
physical custody of their parents or guardian pursuant to Section
361.

(C) Children who it is determined will probably soon be within
the jurisdiction of the juvenile court pursuant to Section 301.

(D) Upon approval of the department, children who have been
adjudged wards of the court pursuant to Sections 601 and 602.

(E) Upon approval of the department, families of children
subject to Sections 726 and 727.

(F) Upon approval of the department, children who are
determined to require out-of-home placement pursuant to Section
7572.5 of the Government Code.

(3) The services shall only be provided to families whose
children will be placed in out-of-home care without the provision
of services or to children who can be returned to their families
with the provision of services.

(4) The services selected by a participating county shall be
reasonable and meritorious and shall demonstrate cost-effectiveness
and success at avoiding out-of-home placement, or reducing the
length of stay in out-of-home placement. A county shall not expend
more funds for services under this subdivision than that amount
which would be expended for placement in out-of-home care.

(5) The program in each county shall be deemed successful if
it meets the following standards:

(A) Enables families to resolve their own problems, effectively
utilize service systems, and advocate for their children in
educational and social agencies.

(B) Enhancing family functioning by building on family
strengths.

(C) At least 75 percent of the children receiving services remain
in their own home for six months after termination of services.

(D) During the first year after services are terminated:

(i) At least 60 percent of the children receiving services remain
at home one year after services are terminated.

(ii) The average length of stay in out-of-home care of children
selected to receive services who have already been removed from
their home and placed in out-of-home care is 50 percent less than
the average length of stay in out-of-home care of children who do
not receive program services.

(E) Two years after the termination of family preservation
services:

(i) The average length of out-of-home stay of children selected
to receive services under this section who, at the time of selection,
are in out-of-home care, is 50 percent less than the average length
of stay in out-of-home care for children in out-of-home care who
do not receive services pursuant to this section.

(ii) At least 60 percent of the children who were returned home
pursuant to this section remain at home.

(6) Funds used for services provided under this section shall
supplement, not supplant, child welfare services funds available
for services pursuant to Sections 16506 and 16507.

(7) Programs authorized after the original pilot projects shall
submit data to the department upon the department’s request.

(d) (1) A county welfare department social worker or probation
officer may, pursuant to an appropriate court order, return a
dependent minor or ward of the court removed from the home
pursuant to Section 361 to his or her home, with appropriate
interagency family preservation program services.

(2) The county probation department may, with the approval of
the State Department of Social Services, through an interagency
agreement with the county welfare department, refer cases to the
county welfare department for the direct provision of services
under this subdivision.

(e) Foster care funds shall remain within the administrative
authority of the county welfare department and shall be used only
for placement services or placement prevention services or county
welfare department administrative cost related to the interagency
family preservation program.

(f) To the extent permitted by federal law, any federal funds
provided for services to families and children, including Title IV-E
waiver funds through the Social Security Act, may be utilized for
the purposes of this section.

(g) A county may establish family preservation programs that
serve one or more geographic areas of the county, subject to the
approval of the State Department of Social Services.

(1) All funds expended by a county for activities under this
section shall be expended by the county in a manner that will
maximize eligibility for federal financial participation.

(2) A county, subject to the approval of the State Department
of Social Services, may claim federal financial participation, if
allowable and available, as provided by the State Department of
Social Services in the federal Promoting Safe and Stable Families
program in accordance with the federal guidelines and regulations
for that county’s AFDC-FC expenditures pursuant to subdivision
(d) of Section 11450, for children subject to Sections 300, 301,
360, and 364, in advance, provided that the county conducts a
program of family reunification and family maintenance services
for families receiving these services pursuant to Sections 300, 301,
360, and 364, and as permitted by the department, children subject
to Sections 601, 602, 726, and 727 of this code, and Section 7572.5
of the Government Code.

(h) In order to maintain federal funding and meet federal
requirements, the State Department of Social Services and the
Office of Child Abuse Prevention shall provide administrative
oversight, monitoring, and consultation to ensure both of the
following:

(1) Each county includes in its county plan information that
details what services are to be funded under this section and who
will be served, and how the services are coordinated with the array
of services available in the county. In order to maintain federal
funding to meet federal requirements, the State Department of
Social Services shall review these plans and provide technical
assistance as needed, as provided in Section 10601.2. In order to
meet federal requirements, the Office of Child Abuse Prevention
shall require counties to submit annual reports, as part of the current
reporting process, on program services and children and families
served. The annual reporting process shall be developed jointly
by the department and county agencies for the purpose of meeting
federal reporting requirements.

(2) In order to maximize federal financial participation for the
federal Promoting Safe and Stable Families grant, funds expended
from this program are in compliance with data-reporting
requirements in order to meet federal nonsupplantation
requirements in accordance with Section 1357.32(f) of Title 45 of
the Code of Federal Regulations, and the 25 percent state match
requirement in accordance with Section 1357.32(d) of Title 45 of
the Code of Federal Regulations.

(i) 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 made with moneys allocated
pursuant to Section 30025 of the Government Code.

begin insert

(j) As used in this section, “homeless” has the same meaning
as that term is defined in Section 103 of the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302).

end insert

SEC. 9.  

Section 16517 of the Welfare and Institutions Code is
amended to read:

16517.  

(a) (1) It is the intent of the Legislature to accomplish
all of the following:

(A) To prevent the unnecessary separation of children from
their families because of homelessness or the lack of shelter.

(B) To assist in the reunification of foster children and their
families when housing remains a problem.

(C) To assist parents in securing appropriate housing and
supportive services in order to reduce foster children’s length of
stay in out-of-home care and hasten reunification for foster children
and their families when a lack of housing is the sole impediment
to reunification.

(2) Through the Section 8 housing certificate program created
by Section 553 of the Cranston-Gonzalez National Affordable
Housing Act (Public Law 101-625), housing assistance may be
made available to families eligible for assistance under this
program.

(b) (1) For the purposes of the Section 8 housing certificate
program created by Section 553 of the Cranston-Gonzalez National
Affordable Housing Act (Public Law 101-625), the county
department of social services is designated “the public child welfare
agency.”

(2) If a county chooses to participate in the Section 8 housing
certificate program, all of the following shall occur:

(A) The county department of social services shall make the
determination, pursuant to Section 553 of the Cranston-Gonzalez
National Affordable Housing Act (Public Law 101-625), that an
eligible child is at imminent risk of placement in out-of-home care
or that an eligible child in out-of-home care under its supervision
may be returned to his or her family.

(B) The county department of social services shall certify an
eligible family as one for which the lack of adequate housing is a
primary factor in the imminent placement of the family’s child or
children in out-of-home care or in the delayed discharge of a child
or children to the family from out-of-home care.

(C) The county department of social services shall transmit, in
writing, its certification pursuant to subparagraph (B) to the local
public housing agency responsible, pursuant to Section 34327.3
of the Health and Safety Code, for administering assistance under
the Section 8 housing certificate program.

(c) As used in this section, “Section 8” means Section 8 of the
United States Housing Act of 1937 (42 U.S.C. Sec. 1437 et seq.).

(d) The State Department of Social Services may, upon the
request of a local public entity, provide technical assistance for
the purpose of developing applications and plans from the local
public entity for federal funding under the Section 8 housing
certificate program created by Section 553 of the
Cranston-Gonzalez National Affordable Housing Act (Public Law
101-625).

(e) The State Department of Social Services is authorized to
adopt emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code in order to implement the purposes of
this section.

(f) In addition to any available county funds, through Title IV-E
of the Social Security Act, any other available waiver funds may
be used by participating counties to assist parents in securing
appropriate housing and supportive services, in order to reduce a
foster child’s length of stay in out-of-home care and hasten
reunification for foster children and their families when a lack of
housing is the sole impediment to reunification.

SEC. 10.  

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