Amended in Assembly August 25, 2016

Amended in Assembly August 19, 2016

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 amendbegin delete Sections 358 and 361.3end deletebegin insert Section 358end insert of the Welfare and Institutions Code, relating to dependent children.

LEGISLATIVE COUNSEL’S DIGEST

SB 1336, as amended, Jackson. Dependent children:begin delete placement withend deletebegin insert investigation:end insert 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.begin delete 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.end delete

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.begin delete The bill would require the county, whenever a relative identifies himself or herself to the county, to inform the court and all parties to the case that the relative has come forward and requested placement of the child.end delete

begin delete

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 delete

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

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

P2    1

SECTION 1.  

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

3

358.  

(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.

15(2) If the child is not detained during the continuance, the
16continuance shall not exceed 30 days after the date of the finding
P3    1pursuant to Section 356. However, the court may, for cause,
2continue the hearing for an additional 15 days.

3(3) If the social worker is alleging that subdivision (b) of Section
4361.5 is applicable, the court shall continue the proceedings for a
5period not to exceed 30 days. The social worker shall notify each
6parent of the content of subdivision (b) of Section 361.5 and shall
7inform each parent that if the court does not order reunification a
8permanency planning hearing will be held, and that his or her
9parental rights may be terminated within the timeframes specified
10by law.

11(b) (1) Before determining the appropriate disposition, the court
12shall receive in evidence the social study of the child made by the
13social worker, any study or evaluation made by a child advocate
14appointed by the court, and other relevant and material evidence
15as may be offered, including, but not limited to, the willingness
16of the caregiver to provide legal permanency for the child if
17reunification is unsuccessful. In any judgment and order of
18disposition, the court shall specifically state that the social study
19made by the social worker and the study or evaluation made by
20the child advocate appointed by the court, if there be any, has been
21read and considered by the court in arriving at its judgment and
22order of disposition. Any social study or report submitted to the
23court by the social worker shall include the individual child’s case
24plan developed pursuant to Section 16501.1.

25(2) Whenever a child is removed from a parent’s or guardian’s
26custody, the court shall make a finding as to whether the social
27worker has exercised due diligence in conducting the investigation,
28as required pursuant to paragraph (1) of subdivision (e) of Section
29309, to identify, locate, and notify the child’s relatives, including
30both maternal and paternal relatives.

31(3) When making the determination required pursuant to
32paragraph (2), the court may consider, among other examples of
33due diligence, the extent to which the social worker has complied
34with paragraph (1) of subdivision (e) of Section 309, and has done
35any of the following:

36(A) Asked the child, in an age-appropriate manner and consistent
37with the child’s best interest, about his or her relatives.

38(B) Obtained information regarding the location of the child’s
39relatives.

P4    1(C) Reviewed the child’s case file for any information regarding
2the child’s relatives.

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

4(E) Asked located relatives for the names and locations of other
5relatives.

6(F) Used Internet search tools to locate relatives identified as
7supports.

8(c) If the court finds that a child is described by subdivision (h)
9of Section 300 or that subdivision (b) of Section 361.5 may be
10applicable, the court shall conduct the dispositional proceeding
11pursuant to subdivision (c) of Section 361.5.

begin delete
12

SEC. 2.  

Section 361.3 of the Welfare and Institutions Code is
13amended to read:

14

361.3.  

(a) In any case in which a child is removed from the
15physical custody of his or her parents pursuant to Section 361,
16preferential consideration shall be given to a request by a relative
17of the child for placement of the child with the relative, regardless
18of the relative’s immigration status. In determining whether
19placement with a relative is appropriate, the county social worker
20and court shall consider, but shall not be limited to, consideration
21of all the following factors:

22(1) The best interest of the child, including special physical,
23psychological, educational, medical, or emotional needs.

24(2) The wishes of the parent, the relative, and child, if
25appropriate.

26(3) The provisions of Part 6 (commencing with Section 7950)
27of Division 12 of the Family Code regarding relative placement.

28(4) Placement of siblings and half siblings in the same home,
29unless that placement is found to be contrary to the safety and
30well-being of any of the siblings, as provided in Section 16002.

31(5) The good moral character of the relative and any other adult
32living in the home, including whether any individual residing in
33the home has a prior history of violent criminal acts or has been
34responsible for acts of child abuse or neglect.

35(6) The nature and duration of the relationship between the child
36and the relative, and the relative’s desire to care for, and to provide
37legal permanency for, the child if reunification is unsuccessful.

38(7) The ability of the relative to do the following:

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

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

P5    1(C) Provide a home and the necessities of life for the child.

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

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

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

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

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

7However, any finding made with respect to the factor considered
8pursuant to this subparagraph and pursuant to subparagraph (G)
9shall not be the sole basis for precluding preferential placement
10with a relative.

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

12(8) The safety of the relative’s home. For a relative to be
13considered appropriate to receive placement of a child under this
14section, the relative’s home shall first be approved pursuant to the
15process and standards described in subdivision (d) of Section 309.

16In this regard, the Legislature declares that a physical disability,
17such as blindness or deafness, is no bar to the raising of children,
18and a county social worker’s determination as to the ability of a
19disabled relative to exercise care and control should center upon
20whether the relative’s disability prevents him or her from exercising
21care and control. The court shall order the parent to disclose to the
22county social worker the names, residences, and any other known
23identifying information of any maternal or paternal relatives of
24the child. This inquiry shall not be construed, however, to guarantee
25that the child will be placed with any person so identified. The
26county social worker shall initially contact the relatives given
27preferential consideration for placement to determine if they desire
28the child to be placed with them. Those desiring placement shall
29be assessed according to the factors enumerated in this subdivision.
30The county social worker shall document these efforts in the social
31study prepared pursuant to Section 358.1. The court shall authorize
32the county social worker, while assessing these relatives for the
33possibility of placement, to disclose to the relative, as appropriate,
34the fact that the child is in custody, the alleged reasons for the
35custody, and the projected likely date for the child’s return home
36or placement for adoption or legal guardianship. However, this
37investigation shall not be construed as good cause for continuance
38of the dispositional hearing conducted pursuant to Section 358.

39(b) In any case in which more than one appropriate relative
40requests preferential consideration pursuant to this section, each
P6    1relative shall be considered under the factors enumerated in
2subdivision (a). Consistent with the legislative intent for children
3to be placed immediately with a responsible relative, this section
4does not limit the county social worker’s ability to place a child
5in the home of an appropriate relative or a nonrelative extended
6family member pending the consideration of other relatives who
7have requested preferential consideration.

8(c) For purposes of this section:

9(1) “Preferential consideration” means that the relative seeking
10placement shall be the first placement to be considered and
11investigated.

12(2) “Relative” means an adult who is related to the child by
13blood, adoption, or affinity within the fifth degree of kinship,
14including stepparents, stepsiblings, and all relatives whose status
15is preceded by the words “great,” “great-great,” or “grand,” or the
16spouse of any of these persons even if the marriage was terminated
17by death or dissolution. However, only the following relatives
18shall be given preferential consideration for the placement of the
19child: an adult who is a grandparent, aunt, uncle, or sibling.

20(d) Subsequent to the hearing conducted pursuant to Section
21358, whenever a new placement of the child must be made,
22 consideration for placement shall again be given as described in
23this section to relatives who have not been found to be unsuitable
24and who will fulfill the child’s reunification or permanent plan
25requirements. In addition to the factors described in subdivision
26(a), the county social worker shall consider whether the relative
27has established and maintained a relationship with the child.

28(e) Whenever a relative identifies himself or herself to the
29county, the county, shall inform the court and all parties to the
30case that the relative has come forward and requested placement
31of the child.

32(f) 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(g) (1) With respect to a child who satisfies the criteria set forth
37in paragraph (2), the department and any licensed adoption agency
38may search for a relative and furnish identifying information
39relating to the child to that relative if it is believed the child’s
40welfare will be promoted thereby.

P7    1(2) Paragraph (1) shall apply if both of the following conditions
2are satisfied:

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

4(B) The child was previously adopted and the adoption has been
5disrupted, set aside pursuant to Section 9100 or 9102 of the Family
6Code, or the child has been released into the custody of the
7department or a licensed adoption agency by the adoptive parent
8or parents.

9(3) As used in this subdivision, “relative” includes a member
10of the child’s birth family and nonrelated extended family
11members, regardless of whether the parental rights were terminated,
12provided that both of the following are true:

13(A) No appropriate potential caretaker is known to exist from
14the child’s adoptive family, including nonrelated extended family
15members of the adoptive family.

16(B) The child was not the subject of a voluntary relinquishment
17by the birth parents pursuant to Section 8700 of the Family Code
18or Section 1255.7 of the Health and Safety Code.

19

SEC. 2.5.  

Section 361.3 of the Welfare and Institutions Code
20 is amended 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
P8    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) (i) Provide legal permanence for the child if reunification
15fails.

16(ii) However, any finding made with respect to the factor
17considered pursuant to this subparagraph and pursuant to
18subparagraph (G) shall not be the sole basis for precluding
19preferential placement with a relative.

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

21(8) (A) The safety of the relative’s home. For a relative to be
22considered appropriate to receive placement of a child under this
23section on an emergency basis, the relative’s home shall first be
24assessed pursuant to the process and standards described in
25subdivision (d) of Section 309.

26(B) In this regard, the Legislature declares that a physical
27disability, such as blindness or deafness, is no bar to the raising
28of children, and a county social worker’s determination as to the
29ability of a disabled relative to exercise care and control should
30center upon whether the relative’s disability prevents him or her
31from exercising care and control. The court shall order the parent
32to disclose to the county social worker the names, residences, and
33any other known identifying information of any maternal or
34paternal relatives of the child. This inquiry shall not be construed,
35however, to guarantee that the child will be placed with any person
36so identified. The county social worker shall initially contact the
37relatives given preferential consideration for placement to
38determine if they desire the child to be placed with them. Those
39desiring placement shall be assessed according to the factors
40enumerated in this subdivision. The county social worker shall
P9    1document these efforts in the social study prepared pursuant to
2Section 358.1. The court shall authorize the county social worker,
3while assessing these relatives for the possibility of placement, to
4disclose to the relative, as appropriate, the fact that the child is in
5custody, the alleged reasons for the custody, and the projected
6likely date for the child’s return home or placement for adoption
7or legal guardianship. However, this investigation shall not be
8construed as good cause for continuance of the dispositional
9hearing conducted pursuant to Section 358.

10(b) In any case in which more than one appropriate relative
11requests preferential consideration pursuant to this section, each
12relative shall be considered under the factors enumerated in
13subdivision (a). Consistent with the legislative intent for children
14to be placed immediately with a responsible relative, this section
15does not limit the county social worker’s ability to place a child
16in the home of an appropriate relative or a nonrelative extended
17family member pending the consideration of other relatives who
18have requested preferential consideration.

19(c) For purposes of this section:

20(1) “Preferential consideration” means that the relative seeking
21placement shall be the first placement to be considered and
22investigated.

23(2) “Relative” means an adult who is related to the child by
24blood, adoption, or affinity within the fifth degree of kinship,
25including stepparents, stepsiblings, and all relatives whose status
26is preceded by the words “great,” “great-great,” or “grand,” or the
27spouse of any of these persons even if the marriage was terminated
28by death or dissolution. However, only the following relatives
29shall be given preferential consideration for the placement of the
30child: an adult who is a grandparent, aunt, uncle, or sibling.

31(d) Subsequent to the hearing conducted pursuant to Section
32358, whenever a new placement of the child must be made,
33consideration for placement shall again be given as described in
34this section to relatives who have not been found to be unsuitable
35and who will fulfill the child’s reunification or permanent plan
36requirements. In addition to the factors described in subdivision
37(a), the county social worker shall consider whether the relative
38has established and maintained a relationship with the child.

39(e) Whenever a relative identifies himself or herself to the
40county, the county shall inform the court and all parties to the case
P10   1that the relative has come forward and requested placement of the
2child.

3(f) If the court does not place the child with a relative who has
4been considered for placement pursuant to this section, the court
5shall state for the record the reasons placement with that relative
6was denied.

7(g) (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.

30

SEC. 3.  

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.

end delete


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