Amended in Assembly August 4, 2016

Amended in Assembly June 30, 2016

Amended in Senate April 14, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1336


Introduced by Senator Jackson

February 19, 2016


An act to amend Sections 358 and 361.3 of the Welfare and Institutions Code, relating to dependent children.

LEGISLATIVE COUNSEL’S DIGEST

SB 1336, as amended, Jackson. Dependent children: placement with relatives.

Existing law requires a county social worker to investigate the circumstances of each child taken into temporary custody by a peace officer who has reasonable cause to believe the child is the victim of abuse or neglect. Existing law requires the social worker to conduct an investigation to identify and locate adult relatives of the child and to provide him or her with a specified relative information form. Existing law further requires the social worker to initiate an assessment of the suitability of a relative who requests that the child be placed with him or her.

Under existing law, the juvenile court is required to hold a hearing to determine the proper disposition to be made of a child adjudged a dependent of the juvenile court. Existing law requires the court to consider the social study of the child made by the social worker before the court arrives at its judgment. Existing law requires that, subsequent to the hearing, consideration for placement again be given to relatives whenever a new placement of the child must be made. Existing case law generally provides that the relative placement preference applies throughout the reunification period, and that a social worker is required to make an assessment of a relative who requests to be considered for placement at any time during that period.

This bill would require the juvenile court to make a finding as to whether the social worker exercised due diligence in conducting his or her investigation to identify, locate, and notify the child’s relatives. The bill would codify procedures that apply under existing law, as interpreted by case law, whenever a relative identifies himself or herself to the county during the reunification period for purposes of placement with that relative and the making of the assessment by the county, as specified.

begin insert

This bill would incorporate changes to Section 361.3 of the Welfare and Institutions Code proposed by both this bill and AB 1997, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.

end insert

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

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

begin delete
P2    1

SECTION 1.  

It is the intent of the Legislature in amending
2Section 361.3 of the Welfare and Institutions Code to clarify, if a
3child is receiving reunification services and a relative identifies
4himself or herself to a county child welfare agency, that the relative
5be evaluated by the county child welfare agency and a
6recommendation be made to the court as to whether the relative
7should or should not be considered for placement.

end delete
8

begin deleteSEC. 2.end delete
9
begin insertSECTION 1.end insert  

Section 358 of the Welfare and Institutions Code
10 is amended to read:

11

358.  

(a) After finding that a child is a person described in
12Section 300, the court shall hear evidence on the question of the
13proper disposition to be made of the child. Prior to making a
14finding required by this section, the court may continue the hearing
15on its own motion, the motion of the parent or guardian, or the
16motion of the child, as follows:

17(1) If the child is detained during the continuance, and the social
18worker is not alleging that subdivision (b) of Section 361.5 is
P3    1applicable, the continuance shall not exceed 10 judicial days. The
2court may make an order for detention of the child or for the child’s
3release from detention, during the period of continuance, as is
4appropriate.

5(2) If the child is not detained during the continuance, the
6continuance shall not exceed 30 days after the date of the finding
7pursuant to Section 356. However, the court may, for cause,
8continue the hearing for an additional 15 days.

9(3) If the social worker is alleging that subdivision (b) of Section
10361.5 is applicable, the court shall continue the proceedings for a
11period not to exceed 30 days. The social worker shall notify each
12parent of the content of subdivision (b) of Section 361.5 and shall
13inform each parent that if the court does not order reunification a
14permanency planning hearing will be held, and that his or her
15parental rights may be terminated within the timeframes specified
16by law.

17(b) (1) Before determining the appropriate disposition, the court
18shall receive in evidence the social study of the child made by the
19social worker, any study or evaluation made by a child advocate
20appointed by the court, and other relevant and material evidence
21as may be offered, including, but not limited to, the willingness
22of the caregiver to provide legal permanency for the child if
23reunification is unsuccessful. In any judgment and order of
24disposition, the court shall specifically state that the social study
25made by the social worker and the study or evaluation made by
26the child advocate appointed by the court, if there be any, has been
27read and considered by the court in arriving at its judgment and
28order of disposition. Any social study or report submitted to the
29court by the social worker shall include the individual child’s case
30plan developed pursuant to Section 16501.1.

31(2) Whenever a child is removed from a parent’s or guardian’s
32custody, the court shall make a finding as to whether the social
33worker has exercised due diligence in conducting the investigation,
34as required pursuant to paragraph (1) of subdivision (e) of Section
35309, to identify, locate, and notify the child’s relatives, including
36both maternal and paternal relatives.

37(3) When making the determination required pursuant to
38paragraph (2), the court may consider, among other examples of
39due diligence, the extent to which the social worker has complied
P4    1with paragraph (1) of subdivision (e) of Section 309, and has done
2any of the following:

3(A) Asked the child, in an age-appropriate manner and consistent
4with the child’s best interest, about his or her relatives.

5(B) Obtained information regarding the location of the child’s
6relatives.

7(C) Reviewed the child’s case file for any information regarding
8the child’s relatives.

9(D) Telephoned, emailed, or visited all identified relatives.

10(E) Asked located relatives for the names and locations of other
11relatives.

12(F) Used Internet search tools to locate relatives identified as
13supports.

14(c) If the court finds that a child is described by subdivision (h)
15of Section 300 or that subdivision (b) of Section 361.5 may be
16applicable, the court shall conduct the dispositional proceeding
17pursuant to subdivision (c) of Section 361.5.

18

begin deleteSEC. 3.end delete
19
begin insertSEC. 2.end insert  

Section 361.3 of the Welfare and Institutions Code is
20amended to read:

21

361.3.  

(a) In any case in which a child is removed from the
22physical custody of his or her parents pursuant to Section 361,
23preferential consideration shall be given to a request by a relative
24of the child for placement of the child with the relative, regardless
25of the relative’s immigration status. In determining whether
26placement with a relative is appropriate, the county social worker
27and court shall consider, but shall not be limited to, consideration
28of all the following factors:

29(1) The best interest of the child, including special physical,
30psychological, educational, medical, or emotional needs.

31(2) The wishes of the parent, the relative, and child, if
32appropriate.

33(3) The provisions of Part 6 (commencing with Section 7950)
34of Division 12 of the Family Code regarding relative placement.

35(4) Placement of siblings and half siblings in the same home,
36unless that placement is found to be contrary to the safety and
37well-being of any of the siblings, as provided in Section 16002.

38(5) The good moral character of the relative and any other adult
39living in the home, including whether any individual residing in
P5    1the home has a prior history of violent criminal acts or has been
2responsible for acts of child abuse or neglect.

3(6) The nature and duration of the relationship between the child
4and the relative, and the relative’s desire to care for, and to provide
5legal permanency for, the child if reunification is unsuccessful.

6(7) The ability of the relative to do the following:

7(A) Provide a safe, secure, and stable environment for the child.

8(B) Exercise proper and effective care and control of the child.

9(C) Provide a home and the necessities of life for the child.

10(D) Protect the child from his or her parents.

11(E) Facilitate court-ordered reunification efforts with the parents.

12(F) Facilitate visitation with the child’s other relatives.

13(G) Facilitate implementation of all elements of the case plan.

14(H) Provide legal permanence for the child if reunification fails.

15However, any finding made with respect to the factor considered
16pursuant to this subparagraph and pursuant to subparagraph (G)
17shall not be the sole basis for precluding preferential placement
18with a relative.

19(I) Arrange for appropriate and safe child care, as necessary.

20(8) The safety of the relative’s home. For a relative to be
21considered appropriate to receive placement of a child under this
22section, the relative’s home shall first be approved pursuant to the
23process and standards described in subdivision (d) of Section 309.

24In this regard, the Legislature declares that a physical disability,
25such as blindness or deafness, is no bar to the raising of children,
26and a county social worker’s determination as to the ability of a
27disabled relative to exercise care and control should center upon
28whether the relative’s disability prevents him or her from exercising
29care and control. The court shall order the parent to disclose to the
30county social worker the names, residences, and any other known
31identifying information of any maternal or paternal relatives of
32the child. This inquiry shall not be construed, however, to guarantee
33that the child will be placed with any person so identified. The
34county social worker shall initially contact the relatives given
35preferential consideration for placement to determine if they desire
36the child to be placed with them. Those desiring placement shall
37be assessed according to the factors enumerated in this subdivision.
38The county social worker shall document these efforts in the social
39study prepared pursuant to Section 358.1. The court shall authorize
40the county social worker, while assessing these relatives for the
P6    1possibility of placement, to disclose to the relative, as appropriate,
2the fact that the child is in custody, the alleged reasons for the
3custody, and the projected likely date for the child’s return home
4or placement for adoption or legal guardianship. However, this
5investigation shall not be construed as good cause for continuance
6of the dispositional hearing conducted pursuant to Section 358.

7(b) In any case in which more than one appropriate relative
8requests preferential consideration pursuant to this section, each
9relative shall be considered under the factors enumerated in
10subdivision (a). Consistent with the legislative intent for children
11to be placed immediately with a responsible relative, this section
12does not limit the county social worker’s ability to place a child
13in the home of an appropriate relative or a nonrelative extended
14family member pending the consideration of other relatives who
15have requested preferential consideration.

16(c) For purposes of this section:

17(1) “Preferential consideration” means that the relative seeking
18placement shall be the first placement to be considered and
19investigated.

20(2) “Relative” means an adult who is related to the child by
21blood, adoption, or affinity within the fifth degree of kinship,
22including stepparents, stepsiblings, and all relatives whose status
23is preceded by the words “great,” “great-great,” or “grand,” or the
24spouse of any of these persons even if the marriage was terminated
25by death or dissolution. However, only the following relatives
26shall be given preferential consideration for the placement of the
27child: an adult who is a grandparent, aunt, uncle, or sibling.

28(d) (1) Subsequent to the hearing conducted pursuant to Section
29358, whenever a new placement of the child must be made,
30 consideration for placement shall again be given as described in
31this section to relatives who have not been found to be unsuitable
32and who will fulfill the child’s reunification or permanent plan
33requirements. In addition to the factors described in subdivision
34(a), the county social worker shall consider whether the relative
35has established and maintained a relationship with the child.

begin delete

36(2) (A) Whenever a relative identifies himself or herself to the
37county subsequent to the hearing conducted pursuant to Section
38358 and during the provision of reunification services, and the
39county is not otherwise considering a change of placement, the
40county shall, within 14 calendar days, determine whether the
P7    1relative may meet the best interests of the child and should
2therefore be assessed and considered for placement according to
3the factors described in subdivision (a).

4(B) Within three days of determining whether to assess and
5consider the relative for placement, the county shall inform the
6court, the relative, and the parties to the case of its decision,
7including the reasons for the decision.

8(C) If the county does not assess the relative for placement, at
9the request of a party to the case or on its own motion, the court
10shall set the matter for hearing and may order the agency to assess
11the relative and recommend to the court whether the child should
12be placed with the relative.

13(D) Notwithstanding Section 388, a relative may request a
14hearing before the court if the county decided not to assess the
15relative for placement. The court may set the matter for hearing
16and may order the agency to assess the relative and recommend
17to the court whether the child should be placed with the relative.
18If the court does not set the matter for hearing, the court shall state
19its reasons on the record.

end delete
begin insert

20
(2) (A) Whenever a relative identifies himself or herself to the
21county subsequent to the hearing conducted pursuant to Section
22358 and during the provision of reunification services, and the
23county is not otherwise considering a change of placement, the
24county shall, within 14 calendar days, determine whether it is in
25the best interest of the child to assess and consider the relative for
26placement and shall inform the court, the relative, and all parties
27to the case of its decision, including the reasons for its decision.
28In its determination of whether it is in the best interest of the child
29to assess the relative, the county shall take into account all known
30relevant factors of the case. This initial determination shall not
31require an assessment of the relative.

end insert
begin insert

32
(B) If the county does not assess the relative for placement, at
33the request of the child, the court shall set the matter for hearing
34and may order the agency to assess the relative for placement
35according to the factors described in subdivision (a) and
36recommend to the court whether the child should be placed with
37the relative. If the court does not order the county to assess the
38relative, it shall state the reasons for the decision in writing or on
39the record.

end insert
begin insert

P8    1
(C) If the county does not assess the relative for placement, at
2the request of a party to the case or on its own motion, the court
3may set the matter for hearing and may order the agency to assess
4the relative according to the factors described in subdivision (a)
5and recommend to the court whether the child should be placed
6with the relative. If the court does not order the county to assess
7the relative, it shall state the reasons for the decision in writing
8or on the record.

end insert
begin insert

9
(D) Pursuant to Section 388, a relative may request the court
10to order the county to assess the relative for placement of the child.
11The court may set the matter for hearing and may order the agency
12to assess the relative for placement according to the factors
13described in subdivision (a) and recommend to the court whether
14the child should be placed with the relative. If the court does not
15set the matter for hearing, the court shall state its reasons for the
16denial in writing or on the record.

end insert

17(e) If the court does not place the child with a relative who has
18been considered for placement pursuant to this section, the court
19shall state for the record the reasons placement with that relative
20was denied.

21(f) (1) With respect to a child who satisfies the criteria set forth
22in paragraph (2), the department and any licensed adoption agency
23may search for a relative and furnish identifying information
24relating to the child to that relative if it is believed the child’s
25welfare will be promoted thereby.

26(2) Paragraph (1) shall apply if both of the following conditions
27are satisfied:

28(A) The child was previously a dependent of the court.

29(B) The child was previously adopted and the adoption has been
30disrupted, set aside pursuant to Section 9100 or 9102 of the Family
31Code, or the child has been released into the custody of the
32department or a licensed adoption agency by the adoptive parent
33or parents.

34(3) As used in this subdivision, “relative” includes a member
35of the child’s birth family and nonrelated extended family
36members, regardless of whether the parental rights were terminated,
37provided that both of the following are true:

38(A) No appropriate potential caretaker is known to exist from
39the child’s adoptive family, including nonrelated extended family
40members of the adoptive family.

P9    1(B) The child was not the subject of a voluntary relinquishment
2by the birth parents pursuant to Section 8700 of the Family Code
3or Section 1255.7 of the Health and Safety Code.

4begin insert

begin insertSEC. 2.5.end insert  

end insert

begin insertSection 361.3 of the end insertbegin insertWelfare and Institutions Codeend insert
5
begin insert is amended to read:end insert

6

361.3.  

(a) In any case in which a child is removed from the
7physical custody of his or her parents pursuant to Section 361,
8preferential consideration shall be given to a request by a relative
9of the child for placement of the child with the relative, regardless
10of the relative’s immigration status. In determining whether
11placement with a relative is appropriate, the county social worker
12and court shall consider, but shall not be limited to, consideration
13of all the following factors:

14(1) The best interest of the child, including special physical,
15psychological, educational, medical, or emotional needs.

16(2) The wishes of the parent, the relative, and child, if
17appropriate.

18(3) The provisions of Part 6 (commencing with Section 7950)
19of Division 12 of the Family Code regarding relative placement.

20(4) Placement of siblings and half siblings in the same home,
21unless that placement is found to be contrary to the safety and
22well-being of any of the siblings, as provided in Section 16002.

23(5) The good moral character of the relative and any other adult
24living in the home, including whether any individual residing in
25the home has a prior history of violent criminal acts or has been
26responsible for acts of child abuse or neglect.

27(6) The nature and duration of the relationship between the child
28and the relative, and the relative’s desire to care for, and to provide
29legal permanency for, the child if reunification is unsuccessful.

30(7) The ability of the relative to do the following:

31(A) Provide a safe, secure, and stable environment for the child.

32(B) Exercise proper and effective care and control of the child.

33(C) Provide a home and the necessities of life for the child.

34(D) Protect the child from his or her parents.

35(E) Facilitate court-ordered reunification efforts with the parents.

36(F) Facilitate visitation with the child’s other relatives.

37(G) Facilitate implementation of all elements of the case plan.

38(H) begin insert(i)end insertbegin insertend insertProvide legal permanence for the child if reunification
39fails.

begin delete

40 However,

end delete

P10   1begin insert(ii)end insertbegin insertend insertbegin insertHowever,end insert any finding made with respect to the factor
2considered pursuant to this subparagraph and pursuant to
3subparagraph (G) shall not be the sole basis for precluding
4preferential placement with a relative.

5(I) Arrange for appropriate and safe child care, as necessary.

6(8) begin insert(A)end insertbegin insertend insertThe safety of the relative’s home. For a relative to be
7considered appropriate to receive placement of a child under this
8begin delete section,end deletebegin insert section on an emergency basis,end insert the relative’s home shall
9first bebegin delete approvedend deletebegin insert assessedend insert pursuant to the process and standards
10described in subdivision (d) of Section 309.

begin delete

11 In

end delete

12begin insert(B)end insertbegin insertend insertbegin insertInend insert this regard, the Legislature declares that a physical
13disability, such as blindness or deafness, is no bar to the raising
14of children, and a county social worker’s determination as to the
15ability of a disabled relative to exercise care and control should
16center upon whether the relative’s disability prevents him or her
17from exercising care and control. The court shall order the parent
18to disclose to the county social worker the names, residences, and
19any other known identifying information of any maternal or
20paternal relatives of the child. This inquiry shall not be construed,
21however, to guarantee that the child will be placed with any person
22so identified. The county social worker shall initially contact the
23relatives given preferential consideration for placement to
24determine if they desire the child to be placed with them. Those
25desiring placement shall be assessed according to the factors
26enumerated in this subdivision. The county social worker shall
27document these efforts in the social study prepared pursuant to
28Section 358.1. The court shall authorize the county social worker,
29while assessing these relatives for the possibility of placement, to
30disclose to the relative, as appropriate, the fact that the child is in
31custody, the alleged reasons for the custody, and the projected
32likely date for the child’s return home or placement for adoption
33or legal guardianship. However, this investigation shall not be
34construed as good cause for continuance of the dispositional
35hearing conducted pursuant to Section 358.

36(b) In any case in which more than one appropriate relative
37requests preferential consideration pursuant to this section, each
38relative shall be considered under the factors enumerated in
39subdivision (a). Consistent with the legislative intent for children
40to be placed immediately with a responsible relative, this section
P11   1does not limit the county social worker’s ability to place a child
2in the home of an appropriate relative or a nonrelative extended
3family member pending the consideration of other relatives who
4have requested preferential consideration.

5(c) For purposes of this section:

6(1) “Preferential consideration” means that the relative seeking
7placement shall be the first placement to be considered and
8investigated.

9(2) “Relative” means an adult who is related to the child by
10blood, adoption, or affinity within the fifth degree of kinship,
11including stepparents, stepsiblings, and all relatives whose status
12is preceded by the words “great,” “great-great,” or “grand,” or the
13spouse of any of these persons even if the marriage was terminated
14by death or dissolution. However, only the following relatives
15shall be given preferential consideration for the placement of the
16child: an adult who is a grandparent, aunt, uncle, or sibling.

17(d) begin insert(1)end insertbegin insertend insertSubsequent to the hearing conducted pursuant to Section
18358, whenever a new placement of the child must be made,
19consideration for placement shall again be given as described in
20this section to relatives who have not been found to be unsuitable
21and who will fulfill the child’s reunification or permanent plan
22requirements. In addition to the factors described in subdivision
23(a), the county social worker shall consider whether the relative
24has established and maintained a relationship with the child.

begin insert

25
(2) (A) Whenever a relative identifies himself or herself to the
26county subsequent to the hearing conducted pursuant to Section
27358 and during the provision of reunification services, and the
28county is not otherwise considering a change of placement, the
29county shall, within 14 calendar days, determine whether it is in
30the best interest of the child to assess and consider the relative for
31placement and shall inform the court, the relative, and all parties
32to the case of its decision, including the reasons for its decision.
33In its determination of whether it is in the best interest of the child
34to assess the relative, the county shall take into account all known
35relevant factors of the case. This initial determination shall not
36require an assessment of the relative.

end insert
begin insert

37
(B) If the county does not assess the relative for placement, at
38the request of the child, the court shall set the matter for hearing
39and may order the agency to assess the relative for placement
40according to the factors described in subdivision (a) and
P12   1recommend to the court whether the child should be placed with
2the relative. If the court does not order the county to assess the
3relative, it shall state the reasons for the decision in writing or on
4the record.

end insert
begin insert

5
(C) If the county does not assess the relative for placement, at
6the request of a party to the case or on its own motion, the court
7may set the matter for hearing and may order the agency to assess
8the relative according to the factors described in subdivision (a)
9and recommend to the court whether the child should be placed
10 with the relative. If the court does not order the county to assess
11the relative, it shall state the reasons for the decision in writing
12or on the record.

end insert
begin insert

13
(D) Pursuant to Section 388, a relative may request the court
14to order the county to assess the relative for placement of the child.
15The court may set the matter for hearing and may order the agency
16to assess the relative for placement according to the factors
17described in subdivision (a) and recommend to the court whether
18the child should be placed with the relative. If the court does not
19set the matter for hearing, the court shall state its reasons for the
20denial in writing or on the record.

end insert

21(e) If the court does not place the child with a relative who has
22been considered for placement pursuant to this section, the court
23shall state for the record the reasons placement with that relative
24was denied.

25(f) (1) With respect to a child who satisfies the criteria set forth
26in paragraph (2), the department and any licensed adoption agency
27may search for a relative and furnish identifying information
28relating to the child to that relative if it is believed the child’s
29welfare will be promoted thereby.

30(2) Paragraph (1) shall apply if both of the following conditions
31are satisfied:

32(A) The child was previously a dependent of the court.

33(B) The child was previously adopted and the adoption has been
34disrupted, set aside pursuant to Section 9100 or 9102 of the Family
35Code, or the child has been released into the custody of the
36department or a licensed adoption agency by the adoptive parent
37or parents.

38(3) As used in this subdivision, “relative” includes a member
39of the child’s birth family and nonrelated extended family
P13   1members, regardless of whether the parental rights were terminated,
2provided that both of the following are true:

3(A) No appropriate potential caretaker is known to exist from
4the child’s adoptive family, including nonrelated extended family
5members of the adoptive family.

6(B) The child was not the subject of a voluntary relinquishment
7by the birth parents pursuant to Section 8700 of the Family Code
8or Section 1255.7 of the Health and Safety Code.

9begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

Section 2.5 of this bill incorporates amendments to
10Section 361.3 of the Welfare and Institutions Code proposed by
11both this bill and Assembly Bill 1997. It shall only become
12operative if (1) both bills are enacted and become effective on or
13before January 1, 2017, (2) each bill amends Section 361.3 of the
14Welfare and Institutions Code, and (3) this bill is enacted after
15Assembly Bill 1997, in which case Section 2 of this bill shall not
16become operative.

end insert


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