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 wouldbegin delete codify procedures that apply under existing law, as interpreted by case law,end deletebegin insert
require the county,end insert whenever a relative identifies himself or herself to thebegin delete county during the reunification period for purposes of placement with that relative and the making of the
assessment by the county, as specified.end deletebegin insert county, to inform the court and all parties to the case that the relative has come forward and requested placement of the child.end 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.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 358 of the Welfare and Institutions Code
2 is amended to read:
(a) After finding that a child is a person described in
4Section 300, the court shall hear evidence on the question of the
5proper disposition to be made of the child. Prior to making a
6finding required by this section, the court may continue the hearing
7on its own motion, the motion of the parent or guardian, or the
8motion of the child, as follows:
9(1) If the child is detained during the continuance, and the social
10worker is not alleging that subdivision (b) of Section 361.5 is
11applicable, the continuance shall not exceed 10 judicial days. The
12court may make an order for detention of the child or for the child’s
13release from detention, during the
period of continuance, as is
14appropriate.
P3 1(2) If the child is not detained during the continuance, the
2continuance shall not exceed 30 days after the date of the finding
3pursuant to Section 356. However, the court may, for cause,
4continue the hearing for an additional 15 days.
5(3) If the social worker is alleging that subdivision (b) of Section
6361.5 is applicable, the court shall continue the proceedings for a
7period not to exceed 30 days. The social worker shall notify each
8parent of the content of subdivision (b) of Section 361.5 and shall
9inform each parent that if the court does not order reunification a
10permanency planning hearing will be held, and that his or her
11parental rights may be terminated within the timeframes specified
12by law.
13(b) (1) Before determining the appropriate disposition, the court
14shall receive in evidence the social study of the child made by the
15social worker, any study or evaluation made by a child advocate
16appointed by the court, and other relevant and material evidence
17as may be offered, including, but not limited to, the willingness
18of the caregiver to provide legal permanency for the child if
19reunification is unsuccessful. In any judgment and order of
20disposition, the court shall specifically state that the social study
21made by the social worker and the study or evaluation made by
22the child advocate appointed by the court, if there be any, has been
23read and considered by the court in arriving at its judgment and
24order of disposition. Any social study or report submitted to the
25court by the social worker shall include the individual
child’s case
26plan developed pursuant to Section 16501.1.
27(2) Whenever a child is removed from a parent’s or guardian’s
28custody, the court shall make a finding as to whether the social
29worker has exercised due diligence in conducting the investigation,
30as required pursuant to paragraph (1) of subdivision (e) of Section
31309, to identify, locate, and notify the child’s relatives, including
32both maternal and paternal relatives.
33(3) When making the determination required pursuant to
34paragraph (2), the court may consider, among other examples of
35due diligence, the extent to which the social worker has complied
36with paragraph (1) of subdivision (e) of Section 309, and has done
37any of the following:
38(A) Asked the
child, in an age-appropriate manner and consistent
39with the child’s best interest, about his or her relatives.
P4 1(B) Obtained information regarding the location of the child’s
2relatives.
3(C) Reviewed the child’s case file for any information regarding
4the child’s relatives.
5(D) Telephoned, emailed, or visited all identified relatives.
6(E) Asked located relatives for the names and locations of other
7relatives.
8(F) Used Internet search tools to locate relatives identified as
9supports.
10(c) If the court finds that a child is described by subdivision
(h)
11of Section 300 or that subdivision (b) of Section 361.5 may be
12applicable, the court shall conduct the dispositional proceeding
13pursuant to subdivision (c) of Section 361.5.
Section 361.3 of the Welfare and Institutions Code is
15amended to read:
(a) In any case in which a child is removed from the
17physical custody of his or her parents pursuant to Section 361,
18preferential consideration shall be given to a request by a relative
19of the child for placement of the child with the relative, regardless
20of the relative’s immigration status. In determining whether
21placement with a relative is appropriate, the county social worker
22and court shall consider, but shall not be limited to, consideration
23of all the following factors:
24(1) The best interest of the child, including special physical,
25psychological, educational, medical, or emotional needs.
26(2) The wishes of the parent,
the relative, and child, if
27appropriate.
28(3) The provisions of Part 6 (commencing with Section 7950)
29of Division 12 of the Family Code regarding relative placement.
30(4) Placement of siblings and half siblings in the same home,
31unless that placement is found to be contrary to the safety and
32well-being of any of the siblings, as provided in Section 16002.
33(5) The good moral character of the relative and any other adult
34living in the home, including whether any individual residing in
35the home has a prior history of violent criminal acts or has been
36responsible for acts of child abuse or neglect.
37(6) The nature and duration of the relationship between the child
38and
the relative, and the relative’s desire to care for, and to provide
39legal permanency for, the child if reunification is unsuccessful.
40(7) The ability of the relative to do the following:
P5 1(A) Provide a safe, secure, and stable environment for the child.
2(B) Exercise proper and effective care and control of the child.
3(C) Provide a home and the necessities of life for the child.
4(D) Protect the child from his or her parents.
5(E) Facilitate court-ordered reunification efforts with the parents.
6(F) Facilitate visitation with the child’s other relatives.
7(G) Facilitate implementation of all elements of the case plan.
8(H) Provide legal permanence for the child if reunification fails.
9However, any finding made with respect to the factor considered
10pursuant to this subparagraph and pursuant to subparagraph (G)
11shall not be the sole basis for precluding preferential placement
12with a relative.
13(I) Arrange for appropriate and safe child care, as necessary.
14(8) The safety of the relative’s home. For a relative to be
15considered appropriate to receive placement of a child under this
16section, the relative’s home shall
first be approved pursuant to the
17process and standards described in subdivision (d) of Section 309.
18In this regard, the Legislature declares that a physical disability,
19such as blindness or deafness, is no bar to the raising of children,
20and a county social worker’s determination as to the ability of a
21disabled relative to exercise care and control should center upon
22whether the relative’s disability prevents him or her from exercising
23care and control. The court shall order the parent to disclose to the
24county social worker the names, residences, and any other known
25identifying information of any maternal or paternal relatives of
26the child. This inquiry shall not be construed, however, to guarantee
27that the child will be placed with any person so identified. The
28county social worker shall initially contact the relatives given
29preferential consideration for
placement to determine if they desire
30the child to be placed with them. Those desiring placement shall
31be assessed according to the factors enumerated in this subdivision.
32The county social worker shall document these efforts in the social
33study prepared pursuant to Section 358.1. The court shall authorize
34the county social worker, while assessing these relatives for the
35possibility of placement, to disclose to the relative, as appropriate,
36the fact that the child is in custody, the alleged reasons for the
37custody, and the projected likely date for the child’s return home
38or placement for adoption or legal guardianship. However, this
39investigation shall not be construed as good cause for continuance
40of the dispositional hearing conducted pursuant to Section 358.
P6 1(b) In any case in which more than one appropriate relative
2requests preferential
consideration pursuant to this section, each
3relative shall be considered under the factors enumerated in
4subdivision (a). Consistent with the legislative intent for children
5to be placed immediately with a responsible relative, this section
6does not limit the county social worker’s ability to place a child
7in the home of an appropriate relative or a nonrelative extended
8family member pending the consideration of other relatives who
9have requested preferential consideration.
10(c) For purposes of this section:
11(1) “Preferential consideration” means that the relative seeking
12placement shall be the first placement to be considered and
13investigated.
14(2) “Relative” means an adult who is related to the child by
15blood,
adoption, or affinity within the fifth degree of kinship,
16including stepparents, stepsiblings, and all relatives whose status
17is preceded by the words “great,” “great-great,” or “grand,” or the
18spouse of any of these persons even if the marriage was terminated
19by death or dissolution. However, only the following relatives
20shall be given preferential consideration for the placement of the
21child: an adult who is a grandparent, aunt, uncle, or sibling.
22(d) begin delete(1)end deletebegin delete end deleteSubsequent to the hearing conducted pursuant to Section
23358, whenever a new placement of the child must be made,
24
consideration for placement shall again be given as described in
25this section to relatives who have not been found to be unsuitable
26and who will fulfill the child’s reunification or permanent plan
27requirements. In addition to the factors described in subdivision
28(a), the county social worker shall consider whether the relative
29has established and maintained a relationship with the child.
30(2) (A) Whenever a relative identifies himself or herself to the
31county subsequent to the hearing conducted pursuant to Section
32358 and during the provision of reunification services, and the
33county is not otherwise considering a change of placement, the
34county shall, within 14 calendar days, determine whether it is in
35the best interest of the child to assess and consider the relative for
36placement and shall inform the court, the relative, and all parties
37to the case of its decision, including the reasons for its decision.
38In its determination of whether it is in the best interest of the child
39to assess the relative, the county shall take into account all known
P7 1relevant factors of the case. This initial determination shall not
2require an assessment of the relative.
3(B) If the county does not assess the relative for placement, at
4the request of the child, the court
shall set the matter for hearing
5and may order the agency to assess the relative for placement
6according to the factors described in subdivision (a) and
7recommend to the court whether the child should be placed with
8the relative. If the court does not order the county to assess the
9relative, it shall state the reasons for the decision in writing or on
10the record.
11(C) If the county does not assess the relative for placement, at
12the request of a party to the case or on its own motion, the court
13may set the matter for hearing and may order the agency to assess
14the relative according to the factors described in subdivision (a)
15and recommend to the court whether the child should be placed
16with the relative. If the court does not order the county to assess
17the relative, it shall state the reasons for the decision in writing or
18on the record.
19(D) Pursuant to Section 388, a relative may
request the court to
20order the county to assess the relative for placement of the child.
21The court may set the matter for hearing and may order the agency
22to assess the relative for placement according to the factors
23described in subdivision (a) and recommend to the court whether
24the child should be placed with the relative. If the court does not
25set the matter for hearing, the court shall state its reasons for the
26denial in writing or on the record.
27
(e) Whenever a relative identifies himself or herself to the
28county, the county, shall inform the court and all parties to the
29case that the relative has come forward and requested placement
30of the child.
31(e)
end delete
32begin insert(f)end insert If the court does not place the child with a relative who has
33been considered for placement pursuant to this section, the court
34shall state for the record the reasons placement with that relative
35was denied.
36(f)
end delete
37begin insert(g)end insert (1) With respect to a child who satisfies the criteria set forth
38in paragraph (2), the department and any licensed adoption agency
39may search for a relative and furnish identifying information
P8 1relating to the
child to that relative if it is believed the child’s
2welfare will be promoted thereby.
3(2) Paragraph (1) shall apply if both of the following conditions
4are satisfied:
5(A) The child was previously a dependent of the court.
6(B) The child was previously adopted and the adoption has been
7disrupted, set aside pursuant to Section 9100 or 9102 of the Family
8Code, or the child has been released into the custody of the
9department or a licensed adoption agency by the adoptive parent
10or parents.
11(3) As used in this subdivision, “relative” includes a member
12of the child’s birth family and nonrelated extended family
13members, regardless of whether the parental rights were
terminated,
14provided that both of the following are true:
15(A) No appropriate potential caretaker is known to exist from
16the child’s adoptive family, including nonrelated extended family
17members of the adoptive family.
18(B) The child was not the subject of a voluntary relinquishment
19by the birth parents pursuant to Section 8700 of the Family Code
20or Section 1255.7 of the Health and Safety Code.
Section 361.3 of the Welfare and Institutions Code
22 is amended to read:
(a) In any case in which a child is removed from the
24physical custody of his or her parents pursuant to Section 361,
25preferential consideration shall be given to a request by a relative
26of the child for placement of the child with the relative, regardless
27of the relative’s immigration status. In determining whether
28placement with a relative is appropriate, the county social worker
29and court shall consider, but shall not be limited to, consideration
30of all the following factors:
31(1) The best interest of the child, including special physical,
32psychological, educational, medical, or emotional needs.
33(2) The wishes of the parent, the
relative, and child, if
34appropriate.
35(3) The provisions of Part 6 (commencing with Section 7950)
36of Division 12 of the Family Code regarding relative placement.
37(4) Placement of siblings and half siblings in the same home,
38unless that placement is found to be contrary to the safety and
39well-being of any of the siblings, as provided in Section 16002.
P9 1(5) The good moral character of the relative and any other adult
2living in the home, including whether any individual residing in
3 the home has a prior history of violent criminal acts or has been
4responsible for acts of child abuse or neglect.
5(6) The nature and duration of the relationship between the child
6and
the relative, and the relative’s desire to care for, and to provide
7legal permanency for, the child if reunification is unsuccessful.
8(7) The ability of the relative to do the following:
9(A) Provide a safe, secure, and stable environment for the child.
10(B) Exercise proper and effective care and control of the child.
11(C) Provide a home and the necessities of life for the child.
12(D) Protect the child from his or her parents.
13(E) Facilitate court-ordered reunification efforts with the parents.
14(F) Facilitate visitation with the child’s other relatives.
15(G) Facilitate implementation of all elements of the case plan.
16(H) (i) Provide legal permanence for the child if reunification
17fails.
18(ii) However, any finding made with respect to the factor
19considered pursuant to this subparagraph and pursuant to
20subparagraph (G) shall not be the sole basis for precluding
21preferential placement with a relative.
22(I) Arrange for appropriate and safe child care, as necessary.
23(8) (A) The safety of the relative’s home. For a relative to be
24considered appropriate
to receive placement of a child under this
25section on an emergency basis, the relative’s home shall first be
26assessed pursuant to the process and standards described in
27subdivision (d) of Section 309.
28(B) In this regard, the Legislature declares that a physical
29disability, such as blindness or deafness, is no bar to the raising
30of children, and a county social worker’s determination as to the
31ability of a disabled relative to exercise care and control should
32center upon whether the relative’s disability prevents him or her
33from exercising care and control. The court shall order the parent
34to disclose to the county social worker the names, residences, and
35any other known identifying information of any maternal or
36paternal relatives of the child. This inquiry shall not be construed,
37however, to guarantee that the child will be placed with any
person
38so identified. The county social worker shall initially contact the
39relatives given preferential consideration for placement to
40determine if they desire the child to be placed with them. Those
P10 1desiring placement shall be assessed according to the factors
2enumerated in this subdivision. The county social worker shall
3document these efforts in the social study prepared pursuant to
4Section 358.1. The court shall authorize the county social worker,
5while assessing these relatives for the possibility of placement, to
6disclose to the relative, as appropriate, the fact that the child is in
7custody, the alleged reasons for the custody, and the projected
8likely date for the child’s return home or placement for adoption
9or legal guardianship. However, this investigation shall not be
10construed as good cause for continuance of the dispositional
11hearing conducted pursuant to Section 358.
12(b) In any case in which more than one appropriate relative
13requests preferential consideration pursuant to this section, each
14relative shall be considered under the factors enumerated in
15subdivision (a). Consistent with the legislative intent for children
16to be placed immediately with a responsible relative, this section
17does not limit the county social worker’s ability to place a child
18in the home of an appropriate relative or a nonrelative extended
19family member pending the consideration of other relatives who
20have requested preferential consideration.
21(c) For purposes of this section:
22(1) “Preferential consideration” means that the relative seeking
23placement shall be the first placement to be considered and
24investigated.
25(2) “Relative” means an adult who is related to the child by
26blood, adoption, or affinity within the fifth degree of kinship,
27including stepparents, stepsiblings, and all relatives whose status
28is preceded by the words “great,” “great-great,” or “grand,” or the
29spouse of any of these persons even if the marriage was terminated
30by death or dissolution. However, only the following relatives
31shall be given preferential consideration for the placement of the
32child: an adult who is a grandparent, aunt, uncle, or sibling.
33(d) begin delete(1)end deletebegin delete end deleteSubsequent to the hearing conducted pursuant to Section
34358, whenever a new placement of the child must be
made,
35consideration for placement shall again be given as described in
36this section to relatives who have not been found to be unsuitable
37and who will fulfill the child’s reunification or permanent plan
38requirements. In addition to the factors described in subdivision
39(a), the county social worker shall consider whether the relative
40has established and maintained a relationship with the child.
P11 1(2) (A) Whenever a relative identifies himself or herself to the
2county subsequent to the hearing conducted pursuant to Section
3358 and during the provision of reunification services, and the
4county is not otherwise considering a change of placement, the
5county shall, within 14 calendar days, determine whether it is in
6the best interest of the child to assess and consider the relative for
7placement and shall inform the court, the relative, and all parties
8to the case of its decision, including the reasons for its decision.
9In its determination of whether it is in the best interest of the child
10to assess the relative, the county shall take into account all known
11relevant
factors of the case. This initial determination shall not
12require an assessment of the relative.
13(B) If the county does not assess the relative for placement, at
14the request of the child, the court shall set the matter for hearing
15and may order the agency to assess the relative for placement
16according to the factors described in subdivision (a) and
17recommend to the court whether the child should be placed with
18the relative. If the court does not order the county to assess the
19relative, it shall state the reasons for the decision in writing or on
20the record.
21(C) If the county does not assess the relative for placement, at
22the request of a party to the case or on its own motion, the court
23may set the matter for hearing and may order the agency to assess
24the relative according to the factors described in subdivision (a)
25and recommend to the court whether the child should be placed
26 with the relative. If the court does not order the county to assess
27the relative, it shall state the reasons for the decision in writing or
28on the record.
29(D) Pursuant to Section 388, a relative may request the court to
30order the county to assess the relative for placement of the child.
31The court may set the matter for hearing and may order the agency
32to assess the relative for placement according to the factors
33described in subdivision (a) and recommend to the court whether
34the child should be placed with the relative. If the court does not
35set the matter for hearing, the court shall state its reasons for the
36denial in writing or on the record.
37
(e) Whenever a relative identifies himself or herself to the
38county, the county shall inform the court and all parties to the case
39that the relative has come forward and requested placement of the
40child.
P12 1(e)
end delete
2begin insert(f)end insert If the court does not place the child with a relative who has
3been considered for placement pursuant to this section, the court
4shall state for the record the reasons placement with that relative
5was denied.
6(f)
end delete
7begin insert(g)end insert (1) With respect to a child who satisfies the criteria set forth
8in paragraph (2), the department and any licensed adoption agency
9may search for a relative and furnish identifying information
10relating to the child to that relative if it is believed the child’s
11welfare will be promoted thereby.
12(2) Paragraph (1) shall apply if both of the following conditions
13are satisfied:
14(A) The child was previously a dependent of the court.
15(B) The child was previously adopted and the adoption has been
16disrupted, set aside pursuant to Section 9100 or 9102 of the
Family
17Code, or the child has been released into the custody of the
18department or a licensed adoption agency by the adoptive parent
19or parents.
20(3) As used in this subdivision, “relative” includes a member
21of the child’s birth family and nonrelated extended family
22members, regardless of whether the parental rights were terminated,
23provided that both of the following are true:
24(A) No appropriate potential caretaker is known to exist from
25the child’s adoptive family, including nonrelated extended family
26members of the adoptive family.
27(B) The child was not the subject of a voluntary relinquishment
28by the birth parents pursuant to Section 8700 of the Family Code
29or Section 1255.7 of the Health and Safety
Code.
Section 2.5 of this bill incorporates amendments to
31Section 361.3 of the Welfare and Institutions Code proposed by
32both this bill and Assembly Bill 1997. It shall only become
33operative if (1) both bills are enacted and become effective on or
34before January 1, 2017, (2) each bill amends Section 361.3 of the
35Welfare and Institutions Code, and (3) this bill is enacted after
36Assembly Bill 1997, in which case Section 2 of this bill shall not
37become operative.
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94