BILL NUMBER: SB 1060 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Leno
FEBRUARY 16, 2016
An act to amend Sections 366.29 and 727.3 of the Welfare and
Institutions Code, relating to adoption.
LEGISLATIVE COUNSEL'S DIGEST
SB 1060, as introduced, Leno. Postadoption contact: siblings of
dependent children.
Existing law authorizes a juvenile court, under certain
conditions, to terminate the rights of a parent or parents of a child
and order that the child be placed for adoption, if the child is
adjudged a dependent child of the court based on a finding that the
child has suffered, or there is a substantial risk that the child
will suffer, specified harm or abuse. Existing law provides for the
creation of a child and family team, which may include family
members, certain professionals, or other individuals, who are
convened by the county placing agency to provide input regarding the
placement of and services to a dependent child, as part of his or her
case plan within child welfare services. Existing law authorizes the
court, in an adoption proceeding for the dependent child, with the
consent of the prospective adoptive parent or parents of the child,
to include in the final adoption order provisions for the adoptive
parent or parents to facilitate postadoptive contact between the
child and his or her sibling, as specified.
This bill would require a court, in an adoption proceeding for a
dependent child, to order the convening of a child and family team
meeting, attended by at least a facilitator, the siblings or their
respective caregivers, as specified, and the prospective adoptive
parent or parents. The bill would require the participants of the
meeting to decide whether to voluntarily enter into a postadoptive
sibling contact agreement, as specified, before the adoption is
finalized. By requiring new duties of local county officials, this
bill would impose a state-mandated local program.
Existing law requires a juvenile court, in the case of a minor
declared a ward and ordered to be placed in foster care, and where
the minor has continuing involvement with his or her parents or legal
guardians, to include in its order placing the minor in a permanent
placement a specification of the nature and frequency of visiting
arrangements with the parents or legal guardians.
This bill would expand this provision to also apply to visiting
arrangements with siblings of the minor.
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 366.29 of the Welfare and Institutions Code is
amended to read:
366.29. (a) When a court, pursuant to Section 366.26, orders that
a dependent child be placed for adoption, nothing in the adoption
laws of this state shall be construed to prevent the prospective
adoptive parent or parents of the child from expressing a willingness
to facilitate postadoptive sibling contact. With the consent of the
adoptive parent or parents, the court may include in the final
adoption order provisions for the adoptive parent or parents to
facilitate postadoptive sibling contact. In no event shall the
continuing validity of the adoption be contingent upon the
postadoptive contact, nor shall the ability of the adoptive parent or
parents and the child to change residence within or outside the
state be impaired by the order for contact.
(b) The court shall order the convening of a meeting of a child
and family team, as defined in subdivision (a) of Section 16501,
regarding postadoptive contact with the siblings of the child,
including, but not limited to, siblings under the court's
jurisdiction. A sibling 12 years of age or older may represent
himself or herself at the meeting. A sibling under 12 years of age
shall be represented by his or her caregiver. The meeting shall be
attended by at least a facilitator, the siblings or their respective
caregivers on the basis of age, and the prospective adoptive parent
or parents. The participants of the meeting shall decide whether to
voluntarily enter into a postadoptive sibling contact agreement,
pursuant to this section and Section 8616.5 of the Family Code,
before the adoption is finalized.
(b)
(c) If, following entry of an order for sibling contact
pursuant to subdivision (a), it is determined by the adoptive parent
or parents that sibling contact poses a threat to the health,
safety, or well-being of the adopted child, the adoptive parent or
parents may terminate the sibling contact, provided that the adoptive
parent or parents shall submit written notification to the court
within 10 days after terminating the contact, which notification
shall specify to the court the reasons why the health, safety, or
well-being of the adopted child would be threatened by continued
sibling contact.
(c)
(d) Upon the granting of the adoption petition and the
issuing of the order of adoption of a child who is a dependent of the
juvenile court, the jurisdiction of the juvenile court with respect
to the dependency proceedings of that child shall be terminated.
Nonetheless, the court granting the petition of adoption shall
maintain jurisdiction over the child for enforcement of the
postadoption contact agreement. The court may only order compliance
with the postadoption contact agreement upon a finding of both of the
following:
(1) The party seeking the enforcement participated, in good faith,
in mediation or other appropriate alternative dispute resolution
proceedings regarding the conflict, prior to the filing of the
enforcement action.
(2) The enforcement is in the best interest of the child.
SEC. 2. Section 727.3 of the Welfare and Institutions Code is
amended to read:
727.3. The purpose of this section is to provide a means to
monitor the safety and well-being of every minor in foster care who
has been declared a ward of the juvenile court pursuant to Section
601 or 602 and to ensure that everything reasonably possible is done
to facilitate the safe and early return of the minor to his or her
own home or to establish an alternative permanent plan for the minor.
(a) (1) For every minor declared a ward and ordered to be placed
in foster care, a permanency planning hearing shall be conducted
within 12 months of the date the minor entered foster care, as
defined in paragraph (4) of subdivision (d) of Section 727.4.
Subsequent permanency planning hearings shall be conducted
periodically, but no less frequently than once every 12 months
thereafter during the period of placement. It shall be the duty of
the probation officer to prepare a written social study report
including an updated case plan and a recommendation for a permanent
plan, pursuant to subdivision (c) of Section 706.5, and submit the
report to the court prior to each permanency planning hearing,
pursuant to subdivision (b) of Section 727.4.
(2) Prior to any permanency planning hearing involving a minor in
the physical custody of a community care facility or foster family
agency, the facility or agency may file with the court a report
containing its recommendations, in addition to the probation officer'
s social study. Prior to any permanency planning hearing involving
the physical custody of a foster parent, relative caregiver,
preadoptive parent, or legal guardian, that person may present to the
court a report containing his or her recommendations. The court
shall consider all reports and recommendations filed pursuant to this
subdivision.
(3) If the minor has a continuing involvement with his or her
parents or legal guardians, the parents or legal guardians shall be
involved in the planning for a permanent placement. The court order
placing the minor in a permanent placement shall include a
specification of the nature and frequency of visiting arrangements
with the parents or legal guardians. parents,
legal guardians, or siblings.
(4) At each permanency planning hearing, the court shall order a
permanent plan for the minor, as described in subdivision (b). The
court shall also make findings, as described in subdivision (e) of
Section 727.2. In the case of a minor who has reached 16 years of age
or older, the court shall, in addition, determine the services
needed to assist the minor to make the transition from foster care to
successful adulthood. The court shall make all of these
determinations on a case-by-case basis and make reference to the
probation officer's report, the case plan, or other evidence relied
upon in making its decisions.
(5) When the minor is 16 years of age or older, and is in another
planned permanent living arrangement, the court, at each permanency
planning hearing, shall do all of the following:
(A) Ask the minor about his or her desired permanency outcome.
(B) Make a judicial determination explaining why, as of the
hearing date, another planned permanent living arrangement is the
best permanency plan for the minor.
(C) State for the record the compelling reason or reasons why it
continues not to be in the best interest of the minor to return home,
be placed for adoption, be placed with a legal guardian, or be
placed with a fit and willing relative.
(b) At all permanency planning hearings, the court shall determine
the permanent plan for the minor. The court shall order one of the
following permanent plans, which are, in order of priority:
(1) Return of the minor to the physical custody of the parent or
legal guardian. After considering the admissible and relevant
evidence, the court shall order the return of the minor to the
physical custody of his or her parent or legal guardian unless:
(A) Reunification services were not offered, pursuant to
subdivision (b) of Section 727.2.
(B) The court finds, by a preponderance of the evidence, that the
return of the minor to his or her parent or legal guardian would
create a substantial risk of detriment to the safety, protection, or
physical or emotional well-being of the minor. The probation
department shall have the burden of establishing that detriment. In
making its determination, the court shall review and consider the
social study report and recommendations pursuant to Section 706.5,
the report and recommendations of any child advocate appointed for
the minor in the case, and any other reports submitted pursuant to
paragraph (2) of subdivision (a), and shall consider the efforts or
progress, or both, demonstrated by the minor and family and the
extent to which the minor availed himself or herself of the services
provided.
(2) Order that the permanent plan for the minor will be to return
the minor to the physical custody of the parent or legal guardian,
order further reunification services to be provided to the minor and
his or her parent or legal guardian for a period not to exceed six
months and continue the case for up to six months for a subsequent
permanency planning hearing, provided that the subsequent hearing
shall occur within 18 months of the date the minor was originally
taken from the physical custody of his or her parent or legal
guardian. The court shall continue the case only if it finds that
there is a substantial probability that the minor will be returned to
the physical custody of his or her parent or legal guardian and
safely maintained in the home within the extended period of time or
that reasonable services have not been provided to the parent or
guardian. For purposes of this section, in order to find that there
is a substantial probability that the minor will be returned to the
physical custody of his or her parent or legal guardian, the court
shall be required to find that the minor and his or her parent or
legal guardian have demonstrated the capacity and ability to complete
the objectives of the case plan.
The court shall inform the parent or legal guardian that if the
minor cannot be returned home by the next permanency planning
hearing, a proceeding pursuant to Section 727.31 may be initiated.
The court shall not continue the case for further reunification
services if it has been 18 months or more since the date the minor
was originally taken from the physical custody of his or her parent
or legal guardian.
(3) Identify adoption as the permanent plan and order that a
hearing be held within 120 days, pursuant to the procedures described
in Section 727.31. The court shall only set a hearing pursuant to
Section 727.31 if there is clear and convincing evidence that
reasonable services have been provided or offered to the parents.
When the court sets a hearing pursuant to Section 727.31, it shall
order that an adoption assessment report be prepared, pursuant to
subdivision (b) of Section 727.31.
(4) Order a legal guardianship, pursuant to procedures described
in subdivisions (c) to (f), inclusive, of Section 728.
(5) Place the minor with a fit and willing relative. "Placement
with a fit and willing relative" means placing the minor with an
appropriate approved relative who is willing to provide a permanent
and stable home for the minor, but is unable or unwilling to become
the legal guardian. When a minor is placed with a fit and willing
relative, the court may authorize the relative to provide the same
legal consent for the minor's medical, surgical, and dental care, and
education as the custodial parent of the minor.
(6) (A) If he or she is 16 years of age or older, place the minor
in another planned permanent living arrangement. For purposes of this
section, "planned permanent living arrangement" means any permanent
living arrangement described in Section 11402 that is ordered by the
court for a minor 16 years of age or older when there is a compelling
reason or reasons to determine that it is not in the best interest
of the minor to have any permanent plan listed in paragraphs (1) to
(5), inclusive. These plans include, but are not limited to,
placement in a specific, identified foster family home, program, or
facility on a permanent basis, or placement in a transitional housing
placement facility. When the court places a minor in a planned
permanent living arrangement, the court shall specify the goal of the
placement, which may include, but shall not be limited to, return
home, emancipation, guardianship, or permanent placement with a
relative.
The court shall only order that the minor remain in a planned
permanent living arrangement if the court finds by clear and
convincing evidence, based upon the evidence already presented to it
that there is a compelling reason, as defined in subdivision (c), for
determining that a plan of termination of parental rights and
adoption is not in the best interest of the minor.
(B) If the minor is under 16 years of age and the court finds by
clear and convincing evidence, based upon the evidence already
presented to it, that there is a compelling reason, as defined in
subdivision (c), for determining that a plan of termination of
parental rights and adoption is not in the best interest of the minor
as of the hearing date, the court shall order the minor to remain in
a foster care placement with a permanent plan of return home,
adoption, legal guardianship, or placement with a fit and willing
relative, as appropriate. The court shall make factual findings
identifying any barriers to achieving the permanent plan as of the
hearing date.
(c) A compelling reason for determining that a plan of termination
of parental rights and adoption is not in the best interest of the
minor is any of the following:
(1) Documentation by the probation department that adoption is not
in the best interest of the minor and is not an appropriate
permanency goal. That documentation may include, but is not limited
to, documentation that:
(A) The minor is 12 years of age or older and objects to
termination of parental rights.
(B) The minor is 17 years of age or older and specifically
requests that transition to independent living with the
identification of a caring adult to serve as a lifelong connection be
established as his or her permanent plan. On and after January 1,
2012, this includes a minor who requests that his or her transitional
independent living case plan include modification of his or her
jurisdiction to that of dependency jurisdiction pursuant to
subdivision (b) of Section 607.2 or subdivision (i) of Section 727.2,
or to that of transition jurisdiction pursuant to Section 450, in
order to be eligible as a nonminor dependent for the extended
benefits pursuant to Section 11403.
(C) The parent or guardian and the minor have a significant bond,
but the parent or guardian is unable to care for the minor because of
an emotional or physical disability, and the minor's caregiver has
committed to raising the minor to the age of majority and
facilitating visitation with the disabled parent or guardian.
(D) The minor agrees to continued placement in a residential
treatment facility that provides services specifically designed to
address the minor's treatment needs, and the minor's needs could not
be served by a less restrictive placement.
The probation department's recommendation that adoption is not in
the best interest of the minor shall be based on the present family
circumstances of the minor and shall not preclude a different
recommendation at a later date if the minor's family circumstances
change.
(2) Documentation by the probation department that no grounds
exist to file for termination of parental rights.
(3) Documentation by the probation department that the minor is an
unaccompanied refugee minor, or there are international legal
obligations or foreign policy reasons that would preclude terminating
parental rights.
(4) A finding by the court that the probation department was
required to make reasonable efforts to reunify the minor with the
family pursuant to subdivision (a) of Section 727.2, and did not make
those efforts.
(5) Documentation by the probation department that the minor is
living with a relative who is unable or unwilling to adopt the minor
because of exceptional circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
minor, but who is willing and capable of providing the minor with a
stable and permanent home environment, and the removal of the minor
from the physical custody of his or her relative would be detrimental
to the minor's emotional well-being.
(d) Nothing in this section shall be construed to limit the
ability of a parent to voluntarily relinquish his or her child to the
State Department of Social Services when it is acting as an adoption
agency or to a county adoption agency at any time while the minor is
a ward of the juvenile court if the department or county adoption
agency is willing to accept the relinquishment.
(e) Any change in the permanent plan of a minor placed with a fit
and willing relative or in a planned permanent living arrangement
shall be made only by order of the court pursuant to a Section 778
petition or at a regularly scheduled and noticed status review
hearing or permanency planning hearing. Any change in the permanent
plan of a minor placed in a guardianship shall be made only by order
of the court pursuant to a motion filed in accordance with Section
728.
SEC. 3. 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.