BILL NUMBER: AB 1987	CHAPTERED  09/29/00

	CHAPTER   909
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 24, 2000
	AMENDED IN SENATE   JUNE 27, 2000
	AMENDED IN ASSEMBLY   MAY 16, 2000
	AMENDED IN ASSEMBLY   APRIL 25, 2000
	AMENDED IN ASSEMBLY   APRIL 4, 2000

INTRODUCED BY   Assembly Member Steinberg
   (Coauthors:  Assembly Members Aroner, Bock, Calderon, Corbett,
Davis, Ducheny, Knox, Kuehl, Leach, Longville, Machado, Maldonado,
Mazzoni, Migden, Romero, Shelley, Strom-Martin, Thomson, Washington,
and Zettel)
   (Coauthors:  Senators Alarcon, Bowen, Ortiz, Perata, Polanco,
Speier, and Vasconcellos)

                        FEBRUARY 18, 2000

   An act to amend Sections 358.1, 361.2, 362.1, 366, 366.1, 366.3,
388, 16002, and 16501.1 of, and to add Section 16004 to, the Welfare
and Institutions Code, relating to dependent children.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1987, Steinberg.  Dependent children:  siblings.
   Existing law provides that a child who has been, or who is at
substantial risk of being, abused or neglected is within the
jurisdiction of the juvenile court which may adjudge the child to be
a dependent child of the court and make a determination regarding the
appropriate placement of the child.  Existing law requires local
agencies, the State Department of Social Services, and the court to
take specified actions to facilitate sibling contact.  Existing law
requires that a social study or evaluation prepared for the juvenile
court regarding a dependent child contain specified information.
   This bill would require that the report or evaluation, and
specified supplemental reports, include a factual discussion of
whether the child has any siblings under the jurisdiction of the
court and other issues related to whether it would be appropriate to
keep the siblings together.  The bill would also require a court to
consider these issues where the court has ordered the removal of the
child from the physical custody of his or her parents, and to
consider the nature of the relationship between the child and his or
her siblings under the court's jurisdiction when the court reviews
the status of a dependent child in foster care.  The bill would
require the suspension of interaction between siblings where a court
determines by clear and convincing evidence, rather than a
preponderance of evidence, that sibling interaction is detrimental to
a child or children.  The bill would provide that where dependent
children who are siblings are not placed together, the social worker
shall explain why the siblings are not placed together and shall
ensure that siblings are informed of significant life events that
occur within the extended family, except as specified.  The bill
would revise the definition of a sibling for these purposes and
delete references to half-siblings.  By imposing additional duties on
local employees the bill would impose a state-mandated local
program.
   The bill would also authorize any person, including a child who is
a dependent child, to petition the court to assert a relationship as
a sibling to a child who is, or is the subject of a petition for
adjudication as, a dependent child, and to request visitation with
the child, placement with or near the child, consideration when
determining or implementing the case plan, or make any other request
for an order, as specified.  This bill would permit a court to
appoint a guardian ad litem for a dependent child to file a petition
in this regard.  In addition, the bill would require the State
Department of Social Services to make recommendations to increase the
available sibling placement resources, to develop other, related
recommendations, and to submit those recommendations to the
Legislature by November 1, 2001, as specified.
   The bill would incorporate additional changes in Section 358.1 of
the Welfare and Institutions Code proposed by SB 2157, in Section
361.2 of the Welfare and Institutions Code proposed by SB 1954, and
in Section 366.3 of the Welfare and Institutions Code proposed by AB
686 and AB 2921, to take effect, respectively, if this bill and one
or both of the other bills amending each respective section is
enacted and this bill is enacted last, as specified.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 358.1 of the Welfare and Institutions Code is
amended to read:
   358.1.  Each social study or evaluation made by a social worker or
child advocate appointed by the court, required to be received in
evidence pursuant to Section 358, shall include, but not be limited
to, a factual discussion of each of the following subjects:
   (a) Whether the county welfare department or social worker has
considered child protective services, as defined in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9, as a
possible solution to the problems at hand, and has offered these
services to qualified parents if appropriate under the circumstances.

   (b) What plan, if any, for return of the child to his or her
parents and for achieving legal permanence for the child if efforts
to reunify fail, is recommended to the court by the county welfare
department or probation officer.
   (c) Whether the best interests of the child will be served by
granting reasonable visitation rights with the child to his or her
grandparents, in order to maintain and strengthen the child's family
relationships.
   (d) Whether the child has siblings under the court's jurisdiction,
and, if any siblings exist, all of the following:
   (1) The nature of the relationship between the child and his or
her siblings.
   (2) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (3) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
   (4) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (5) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   The factual discussion shall include a discussion of indicators of
the nature of the child's sibling relationships including, but not
limited to, whether the siblings were raised together in the same
home, whether the siblings have shared significant common experiences
or have existing close and strong bonds, whether either sibling
expresses a desire to visit or live with his or her sibling, as
applicable, and whether ongoing contact is in the child's best
emotional interest.
   (e) Whether the child appears to be a person who is eligible to be
considered for further court action to free the child from parental
custody and control.
   (f) Whether the parent has been advised of his or her option to
participate in adoption planning and to voluntarily relinquish the
child for adoption if an adoption agency is willing to accept the
relinquishment.
   (g) The appropriateness of any relative placement pursuant to
Section 361.3; however, this consideration shall not be cause for
continuance of the dispositional hearing.
  SEC. 1.5.  Section 358.1 of the Welfare and Institutions Code is
amended to read:
   358.1.  Each social study or evaluation made by a social worker or
child advocate appointed by the court, required to be received in
evidence pursuant to Section 358, shall include, but not be limited
to, a factual discussion of each of the following subjects:
   (a) Whether the county welfare department or social worker has
considered child protective services, as defined in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9, as a
possible solution to the problems at hand, and has offered these
services to qualified parents if appropriate under the circumstances.

   (b) What plan, if any, for return of the child to his or her
parents and for achieving legal permanence for the child if efforts
to reunify fail, is recommended to the court by the county welfare
department or probation officer.
   (c) Whether the best interests of the child will be served by
granting reasonable visitation rights with the child to his or her
grandparents, in order to maintain and strengthen the child's family
relationships.
   (d) Whether the child has siblings under the court's jurisdiction,
and, if any siblings exist, all of the following:
   (1) The nature of the relationship between the child and his or
her siblings.
   (2) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (3) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
   (4) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (5) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   The factual discussion shall include a discussion of indicators of
the nature of the child's sibling relationships including, but not
limited to, whether the siblings were raised together in the same
home, whether the siblings have shared significant common experiences
or have existing close and strong bonds, whether either sibling
expresses a desire to visit or live with his or her sibling, as
applicable, and whether ongoing contact is in the child's best
emotional interest.
   (e) Whether the child appears to be a person who is eligible to be
considered for further court action to free the child from parental
custody and control.
   (f) Whether the parent has been advised of his or her option to
participate in adoption planning, including the option to enter into
a postadoption contact agreement as described in Section 8714.7 of
the Family Code, and to voluntarily relinquish the child for adoption
if an adoption agency is willing to accept the relinquishment.
   (g) The appropriateness of any relative placement pursuant to
Section 361.3; however, this consideration shall not be cause for
continuance of the dispositional hearing.
  SEC. 2.  Section 361.2 of the Welfare and Institutions Code is
amended to read:
   361.2.  (a) When a court orders removal of a child pursuant to
Section 361, the court shall first determine whether there is a
parent of the child, with whom the child was not residing at the time
that the events or conditions arose that brought the child within
the provisions of Section 300, who desires to assume custody of the
child.  If that parent requests custody, the court shall place the
child with the parent unless it finds that placement with that parent
would be detrimental to the safety, protection, or physical or
emotional well-being of the child.
   (b) If the court places the child with that parent it may do
either of the following:
   (1) Order that the parent become legal and physical custodian of
the child.  The court may also provide reasonable visitation by the
noncustodial parent.  The court shall then terminate its jurisdiction
over the child.  The custody order shall continue unless modified by
a subsequent order of the superior court.  The order of the juvenile
court shall be filed in any domestic relation proceeding between the
parents.
   (2) Order that the parent assume custody subject to the
supervision of the juvenile court.  In that case the court may order
that reunification services be provided to the parent or guardian
from whom the child is being removed, or the court may order that
services be provided solely to the parent who is assuming physical
custody in order to allow that parent to retain later custody without
court supervision, or that services be provided to both parents, in
which case the court shall determine, at review hearings held
pursuant to Section 366, which parent, if either, shall have custody
of the child.
   (c) The court shall make a finding either in writing or on the
record of the basis for its determination under subdivisions (a) and
(b).
   (d) Part 6 (commencing with Section 7950) of Division 12 of the
Family Code shall apply to the placement of a child pursuant to
paragraphs (1) and (2) of subdivision (e).
   (e) When the court orders removal pursuant to Section 361, the
court shall order the care, custody, control, and conduct of the
child to be under the supervision of the social worker who may place
the child in any of the following:
   (1) The home of a relative, including a noncustodial parent.
   (2) A foster home in which the child has been placed before an
interruption in foster care, if that placement is in the best
interest of the child and space is available.
   (3) A suitable licensed community care facility.
   (4) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
   (5) A home or facility in accordance with the federal Indian Child
Welfare Act.
   (6) A child under the age of six years may be placed in a
community care facility licensed as a group home for children, or a
temporary shelter care facility as defined in Section 1530.8 of the
Health and Safety Code, only under any of the following
circumstances:
   (A) When a case plan indicates that placement is for purposes of
providing specialized treatment to the child, the case plan specifies
the need for, nature of, and anticipated duration of this treatment,
and the facility meets the applicable regulations adopted under
Section 1530.8 of the Health and Safety Code and standards developed
pursuant to Section 11467.1.  The specialized treatment period shall
not exceed 120 days, unless additional time is needed pursuant to the
case plan as documented by the caseworker and approved by the
caseworker's supervisor.
   (B) When a case plan indicates that placement is for purposes of
providing family reunification services.  In addition, the facility
offers family reunification services that meet the needs of the
individual child and his or her family, permits parents to have
reasonable access to their children 24 hours a day, encourages
extensive parental involvement in meeting the daily needs of their
children, and employs staff trained to provide family reunification
services.  In addition, one of the following conditions exists:
   (i) The child's parent is also a ward of the court and resides in
the facility.
   (ii) The child's parent is participating in a treatment program
affiliated with the facility and the child's placement in the
facility facilitates the coordination and provision of reunification
services.
   (iii) Placement in the facility is the only alternative that
permits the parent to have daily 24-hour access to the child in
accordance with the case plan, to participate fully in meeting all of
the daily needs of the child, including feeding and personal
hygiene, and to have access to necessary reunification services.
   (f) (1) If the child is taken from the physical custody of the
child's parent or guardian and unless the child is placed with
relatives, the child shall be placed in foster care in the county of
residence of the child's parent or guardian in order to facilitate
reunification of the family.
   (2) In the event that there are no appropriate placements
available in the parent's or guardian's county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent's or guardian's
community of residence.
   (3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child's placement corresponding to
frequent changes of residence by the parent or guardian.  In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent's or guardian's
reason for the move.
   (4) When it has been determined that it is necessary for a child
to be placed in a county other than the child's parent's or guardian'
s county of residence, the specific reason the out-of-county
placement is necessary shall be documented in the child's case plan.
If the reason the out-of-county placement is necessary is the lack
of resources in the sending county to meet the specific needs of the
child, those specific resource needs shall be documented in the case
plan.
   (5) When it has been determined that a child is to be placed
out-of-county either in a group home or with a foster family agency
for subsequent placement in a certified foster family home, and the
sending county is to maintain responsibility for supervision and
visitation of the child, the sending county shall develop a plan of
supervision and visitation that specifies the supervision and
visitation activities to be performed and specifies that the sending
county is responsible for performing those activities.  In addition
to the plan of supervision and visitation, the sending county shall
document information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern in the receiving county.  Upon implementation of the Child
Welfare Services Case Management System, the plan of supervision and
visitation, as well as information regarding any known or suspected
dangerous behavior of the child, shall be made available to the
receiving county upon placement of the child in the receiving county.
  If placement occurs on a weekend or holiday, the information shall
be made available to the receiving county on or before the end of the
next business day.
   (6) When it has been determined that a child is to be placed
out-of-county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties.  The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation.  The formal agreement shall be approved
and signed by the sending and receiving counties prior to placement
of the child in the receiving county.  In addition, upon completion
of the case plan, the sending county shall provide a copy of the
completed case plan to the receiving county.  The case plan shall
include information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern to the receiving county.
   (g) Whenever the social worker must change the placement of the
child and is unable to find a suitable placement within the county
and must place the child outside the county, the placement shall not
be made until he or she has served written notice on the parent or
guardian at least 14 days prior to the placement, unless the child's
health or well-being is endangered by delaying the action or would be
endangered if prior notice were given.  The notice shall state the
reasons which require placement outside the county.  The parent or
guardian may object to the placement not later than seven days after
receipt of the notice and, upon objection, the court shall hold a
hearing not later than five days after the objection and prior to the
placement.  The court shall order out-of-county placement if it
finds that the child's particular needs require placement outside the
county.
   (h) Where the court has ordered a child placed under the
supervision of the social worker and the social worker has found that
the needs of the child cannot be met in any available licensed or
exempt facility, including emergency shelter, the child may be placed
in a suitable family home that has filed a license application with
the State Department of Social Services, if all of the following
certification conditions are met:
   (1) A preplacement home visit is made by the social worker to
determine the suitability of the family home.
   (2) The social worker verifies to the licensing agency in writing
that the home lacks any deficiencies which would threaten the
physical health, mental health, safety, or welfare of the minor.
   (3) The social worker notifies the licensing agency of the
proposed placement and determines that the foster family home
applicant has filed specific license application documents prior to
and after the placement of the child.  If the license is subsequently
denied, the child shall be removed from the home immediately.  The
denial of the license constitutes a withdrawal of the certification.

   (i) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether the family ties and best interest of the
child will be served by granting visitation rights to the child's
grandparents.  The court shall clearly specify those rights to the
social worker.
   (j) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether there are any siblings under the court's
jurisdiction, the nature of the relationship between the child and
his or her siblings, the appropriateness of developing or maintaining
the sibling relationships pursuant to Section 16002, and the impact
of the sibling relationships on the child's placement and planning
for legal permanence.
  SEC. 2.5.  Section 361.2 of the Welfare and Institutions Code is
amended to read:
   361.2.  (a) When a court orders removal of a child pursuant to
Section 361, the court shall first determine whether there is a
parent of the child, with whom the child was not residing at the time
that the events or conditions arose that brought the child within
the provisions of Section 300, who desires to assume custody of the
child.  If that parent requests custody, the court shall place the
child with the parent unless it finds that placement with that parent
would be detrimental to the safety, protection, or physical or
emotional well-being of the child.
   (b) If the court places the child with that parent it may do
either of the following:
   (1) Order that the parent become legal and physical custodian of
the child.  The court may also provide reasonable visitation by the
noncustodial parent.  The court shall then terminate its jurisdiction
over the child.  The custody order shall continue unless modified by
a subsequent order of the superior court.  The order of the juvenile
court shall be filed in any domestic relation proceeding between the
parents.
   (2) Order that the parent assume custody subject to the
supervision of the juvenile court.  In that case the court may order
that reunification services be provided to the parent or guardian
from whom the child is being removed, or the court may order that
services be provided solely to the parent who is assuming physical
custody in order to allow that parent to retain later custody without
court supervision, or that services be provided to both parents, in
which case the court shall determine, at review hearings held
pursuant to Section 366, which parent, if either, shall have custody
of the child.
   (c) The court shall make a finding either in writing or on the
record of the basis for its determination under subdivisions (a) and
(b).
   (d) Part 6 (commencing with Section 7950) of Division 12 of the
Family Code shall apply to the placement of a child pursuant to
paragraphs (1) and (2) of subdivision (e).
   (e) When the court orders removal pursuant to Section 361, the
court shall order the care, custody, control, and conduct of the
child to be under the supervision of the social worker who may place
the child in any of the following:
   (1) The home of a relative, including a noncustodial parent.
   (2) A foster home in which the child has been placed before an
interruption in foster care, if that placement is in the best
interest of the child and space is available.
   (3) A suitable licensed community care facility.  Prior to any
placement into a juvenile services facility as described in Article
2.6 (commencing with Section 1528) of Chapter 3 of Division 2 of the
Health and Safety Code, the court shall make a determination that the
child meets the criteria set forth in Section 1528.2 of the Health
and Safety Code.  Prior to the placement of a child between the ages
of 13 and 14 years in a juvenile services facility, the court shall
make a determination that a juvenile services facility placement best
meets the needs of the child.
   (4) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
   (5) A home or facility in accordance with the federal Indian Child
Welfare Act.
   (6) A child under the age of six years may be placed in a
community care facility licensed as a group home for children, or a
temporary shelter care facility as defined in Section 1530.8 of the
Health and Safety Code, only under any of the following
circumstances:
   (A) When a case plan indicates that placement is for purposes of
providing specialized treatment to the child, the case plan specifies
the need for, nature of, and anticipated duration of this treatment,
and the facility meets the applicable regulations adopted under
Section 1530.8 of the Health and Safety Code and standards developed
pursuant to Section 11467.1.  The specialized treatment period shall
not exceed 120 days, unless additional time is needed pursuant to the
case plan as documented by the caseworker and approved by the
caseworker's supervisor.
   (B) When a case plan indicates that placement is for purposes of
providing family reunification services.  In addition, the facility
offers family reunification services that meet the needs of the
individual child and his or her family, permits parents to have
reasonable access to their children 24 hours a day, encourages
extensive parental involvement in meeting the daily needs of their
children, and employs staff trained to provide family reunification
services.  In addition, one of the following conditions exists:
   (i) The child's parent is also a ward of the court and resides in
the facility.
   (ii) The child's parent is participating in a treatment program
affiliated with the facility and the child's placement in the
facility facilitates the coordination and provision of reunification
services.
   (iii) Placement in the facility is the only alternative that
permits the parent to have daily 24-hour access to the child in
accordance with the case plan, to participate fully in meeting all of
the daily needs of the child, including feeding and personal
hygiene, and to have access to necessary reunification services.
   (f) (1) If the child is taken from the physical custody of the
child's parent or guardian and unless the child is placed with
relatives, the child shall be placed in foster care in the county of
residence of the child's parent or guardian in order to facilitate
reunification of the family.
   (2) In the event that there are no appropriate placements
available in the parent's or guardian's county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent's or guardian's
community of residence.
   (3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child's placement corresponding to
frequent changes of residence by the parent or guardian.  In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent's or guardian's
reason for the move.
   (4) When it has been determined that it is necessary for a child
to be placed in a county other than the child's parent's or guardian'
s county of residence, the specific reason the out-of-county
placement is necessary shall be documented in the child's case plan.
If the reason the out-of-county placement is necessary is the lack
of resources in the sending county to meet the specific needs of the
child, those specific resource needs shall be documented in the case
plan.
   (5) When it has been determined that a child is to be placed
out-of-county either in a group home or with a foster family agency
for subsequent placement in a certified foster family home, and the
sending county is to maintain responsibility for supervision and
visitation of the child, the sending county shall develop a plan of
supervision and visitation that specifies the supervision and
visitation activities to be performed and specifies that the sending
county is responsible for performing those activities.  In addition
to the plan of supervision and visitation, the sending county shall
document information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern in the receiving county.  Upon implementation of the Child
Welfare Services Case Management System, the plan of supervision and
visitation, as well as information regarding any known or suspected
dangerous behavior of the child, shall be made available to the
receiving county upon placement of the child in the receiving county.
  If placement occurs on a weekend or holiday, the information shall
be made available to the receiving county on or before the end of the
next business day.
   (6) When it has been determined that a child is to be placed
out-of-county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties.  The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation.  The formal agreement shall be approved
and signed by the sending and receiving counties prior to placement
of the child in the receiving county.  In addition, upon completion
of the case plan, the sending county shall provide a copy of the
completed case plan to the receiving county.  The case plan shall
include information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern to the receiving county.
   (g) Whenever the social worker must change the placement of the
child and is unable to find a suitable placement within the county
and must place the child outside the county, the placement shall not
be made until he or she has served written notice on the parent or
guardian at least 14 days prior to the placement, unless the child's
health or well-being is endangered by delaying the action or would be
endangered if prior notice were given.  The notice shall state the
reasons which require placement
     outside the county.  The parent or guardian may object to the
placement not later than seven days after receipt of the notice and,
upon objection, the court shall hold a hearing not later than five
days after the objection and prior to the placement.  The court shall
order out-of-county placement if it finds that the child's
particular needs require placement outside the county.
   (h) Where the court has ordered a child placed under the
supervision of the social worker and the social worker has found that
the needs of the child cannot be met in any available licensed or
exempt facility, including emergency shelter, the child may be placed
in a suitable family home that has filed a license application with
the State Department of Social Services, if all of the following
certification conditions are met:
   (1) A preplacement home visit is made by the social worker to
determine the suitability of the family home.
   (2) The social worker verifies to the licensing agency in writing
that the home lacks any deficiencies which would threaten the
physical health, mental health, safety, or welfare of the minor.
   (3) The social worker notifies the licensing agency of the
proposed placement and determines that the foster family home
applicant has filed specific license application documents prior to
and after the placement of the child.  If the license is subsequently
denied, the child shall be removed from the home immediately.  The
denial of the license constitutes a withdrawal of the certification.

   (i) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether the family ties and best interest of the
child will be served by granting visitation rights to the child's
grandparents.  The court shall clearly specify those rights to the
social worker.
   (j) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether there are any siblings under the court's
jurisdiction, the nature of the relationship between the child and
his or her siblings, the appropriateness of developing or maintaining
the sibling relationships pursuant to Section 16002, and the impact
of the sibling relationships on the child's placement and planning
for legal permanence.
  SEC. 3.  Section 362.1 of the Welfare and Institutions Code is
amended to read:
   362.1.  (a) In order to maintain ties between the parent or
guardian and any siblings and the child, and to provide information
relevant to deciding if, and when, to return a child to the custody
of his or her parent or guardian, or to encourage or suspend sibling
interaction, any order placing a child in foster care, and ordering
reunification services, shall provide as follows:
   (1) (A) Subject to subparagraph (B), for visitation between the
parent or guardian and the child.  Visitation shall be as frequent as
possible, consistent with the well-being of the child.
   (B) No visitation order shall jeopardize the safety of the child.
To protect the safety of the child, the court may keep the child's
address confidential.  If the parent of the child has been convicted
of murder in the first degree, as defined in Section 189 of the Penal
Code, and the victim of the murder was the other parent of the
child, the court shall order visitation between the child and the
parent only if that order would be consistent with Section 3030 of
the Family Code.
   (2) Pursuant to subdivision (b) of Section 16002, for visitation
between the child and any siblings, unless the court finds by clear
and convincing evidence that sibling interaction is detrimental to
either child.
   (b) When reunification services are not ordered pursuant to
Section 361.5, the child's plan for legal permanency shall include
consideration of the existence of and the relationship with any
sibling pursuant to Section 16002, including their impact on
placement and visitation.
   (c) As used in this section, "sibling" means a child related to
another person by blood, adoption, or affinity through a common legal
or biological parent.
  SEC. 4.  Section 366 of the Welfare and Institutions Code is
amended to read:
   366.  (a) (1) The status of every dependent child in foster care
shall be reviewed periodically as determined by the court but no less
frequently than once every six months, as calculated from the date
of the original dispositional hearing, until the hearing described in
Section 366.26 is completed.  The court shall consider the safety of
the child and shall determine all of the following:
   (A) The continuing necessity for and appropriateness of the
placement.
   (B) The extent of the agency's compliance with the case plan in
making reasonable efforts to return the child to a safe home and to
complete any steps necessary to finalize the permanent placement of
the child.
   (C) Whether the child has other siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (i) The nature of the relationship between the child and his or
her siblings.
   (ii) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (iii) If the siblings are not placed together in the same home,
why the siblings are not placed together and what efforts are being
made to place the siblings together, or why those efforts are not
appropriate.
   (iv) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (v) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   (vi) The continuing need to suspend sibling interaction, if
applicable, pursuant to subdivision (c) of Section 16002.
   The factors the court may consider in making a determination
regarding the nature of the child's sibling relationships may
include, but are not limited to, whether the siblings were raised
together in the same home, whether the siblings have shared
significant common experiences or have existing close and strong
bonds, whether either sibling expresses a desire to visit or live
with his or her sibling, as applicable, and whether ongoing contact
is in the child's best emotional interests.
   (D) The extent of progress which has been made toward alleviating
or mitigating the causes necessitating placement in foster care.
   (2) The court shall project a likely date by which the child may
be returned to and safely maintained in the home or placed for
adoption, legal guardianship, or in another planned permanent living
arrangement.
   (b) Subsequent to the hearing, periodic reviews of each child in
foster care shall be conducted pursuant to the requirements of
Sections 366.3 and 16503.
   (c) If the child has been placed out of state, each review
described in subdivision (a) and any reviews conducted pursuant to
Sections 366.3 and 16503 shall also address whether the out-of-state
placement continues to be the most appropriate placement selection
and in the best interests of the child.
   (d) A child shall not be placed in an out-of-state group home, or
remain in an out-of-state group home, unless the group home is in
compliance with Section 7911.1 of the Family Code.
  SEC. 5.  Section 366.1 of the Welfare and Institutions Code is
amended to read:
   366.1.  Each supplemental report required to be filed pursuant to
Section 366 shall include, but not be limited to, a factual
discussion of each of the following subjects:
   (a) Whether the county welfare department social worker has
considered child protective services, as defined in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9, as a
possible solution to the problems at hand, and has offered those
services to qualified parents if appropriate under the circumstances.

   (b) What plan, if any, for the return and maintenance of the child
in a safe home is recommended to the court by the county welfare
department social worker.
   (c) Whether the subject child appears to be a person who is
eligible to be considered for further court action to free the child
from parental custody and control.
   (d) What actions, if any, have been taken by the parent to correct
the problems that caused the child to be made a dependent child of
the court.
   (e) Whether the child has any siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (1) The nature of the relationship between the child and his or
her siblings.
   (2) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (3) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
   (4) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (5) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   The factual discussion shall include a discussion of indicators of
the nature of the child's sibling relationships including, but not
limited to, whether the siblings were raised together in the same
home, whether the siblings have shared significant common experiences
or have existing close and strong bonds, whether either sibling
expresses a desire to visit or live with his or her sibling, as
applicable, and whether ongoing contact is in the child's best
emotional interests.
  SEC. 6.  Section 366.3 of the Welfare and Institutions Code is
amended to read:
   366.3.  (a) If a juvenile court orders a permanent plan of
adoption or legal guardianship pursuant to Section 360 or 366.26, the
court shall retain jurisdiction over the child until the child is
adopted or the legal guardianship is established.  The status of the
child shall be reviewed every six months to ensure that the adoption
or guardianship is completed as expeditiously as possible.  When the
adoption of the child has been granted, the court shall terminate its
jurisdiction over the child.  Following establishment of a legal
guardianship, the court may continue jurisdiction over the child as a
dependent child of the juvenile court following the establishment of
a legal guardianship or may terminate its dependency jurisdiction
and retain jurisdiction over the child as a ward of the guardianship,
as authorized by Section 366.4.  If, however, a relative of the
child is appointed the legal guardian of the child and the child has
been placed with the relative for at least 12 months, the court
shall, except where the relative guardian objects, or upon a finding
of exceptional circumstances, terminate its dependency jurisdiction
and retain jurisdiction over the child as a ward of the guardianship,
as authorized by Section 366.4.  Following a termination of parental
rights the parent or parents shall not be a party to, or receive
notice of, any subsequent proceedings regarding the child.
   (b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact.  The court may vacate its previous order dismissing
dependency jurisdiction over the child.
   Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a guardianship which has been granted pursuant to
Section 360 or 366.26 shall be held in the juvenile court, unless the
termination is due to the emancipation or adoption of the child.
Prior to the hearing on a petition to terminate guardianship pursuant
to this paragraph, the court shall order the county department of
social services or welfare department to prepare a report, for the
court's consideration, that shall include an evaluation of whether
the child could safely remain in the guardian's home, without
terminating the guardianship, if services were provided to the child
or guardian.  If applicable, the report shall also identify
recommended services to maintain the guardianship and set forth a
plan for providing those services.  If the petition to terminate
guardianship is granted, the juvenile court may resume dependency
jurisdiction over the child, and may order the county department of
social services or welfare department to develop a new permanent
plan, which shall be presented to the court within 60 days of the
termination.  If no dependency jurisdiction has attached, the social
worker shall make any investigation he or she deems necessary to
determine whether the child may be within the jurisdiction of the
juvenile court, as provided in Section 328.
   Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the guardianship has
been revoked or terminated and shall be entitled to participate in
the new permanency planning hearing.  The court shall try to place
the child in another permanent placement.  At the hearing, the
parents may be considered as custodians but the child shall not be
returned to the parent or parents unless they prove, by a
preponderance of the evidence, that reunification is the best
alternative for the child.  The court may, if it is in the best
interests of the child, order that reunification services again be
provided to the parent or parents.
   (c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption may be an appropriate plan for the child, the
department shall so notify the court.  The court may vacate its
previous order dismissing dependency jurisdiction over the child and
order that a hearing be held pursuant to Section 366.26 to determine
whether adoption or continued guardianship is the most appropriate
plan for the child.  The hearing shall be held no later than 120 days
from the date of the order.  Whenever the court orders that a
hearing shall be held pursuant to Section 366.26, the court shall
direct the agency supervising the child and the licensed county
adoption agency, or the State Department of Social Services when it
is acting as an adoption agency in counties that are not served by a
county adoption agency, to prepare an assessment under subdivision
(b) of Section 366.22.
   (d) If the child is in a placement other than the home of a legal
guardian and jurisdiction has not been dismissed, the status of the
child shall be reviewed at least every six months.  The review of the
status of a child for whom the court has ordered parental rights
terminated and who has been ordered placed for adoption shall be
conducted by the court.  The review of the status of a child for whom
the court has not ordered parental rights terminated and who has not
been ordered placed for adoption may be conducted by the court or an
appropriate local agency.  The court shall conduct the review under
the following circumstances:
   (1) Upon the request of the child's parents or guardians.
   (2) Upon the request of the child.
   (3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the minor remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.26, or subdivision (g).
   (4) It has been 12 months since a review was conducted by the
court.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   (e) Except as provided in subdivision (f), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
   (1) The continuing necessity for and appropriateness of the
placement.
   (2) The continuing appropriateness and extent of compliance with
the permanent plan for the child.
   (3) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts to return the child
to a safe home and to complete whatever steps are necessary to
finalize the permanent placement of the child.
   (4) The adequacy of services provided to the child.
   (5) The extent of progress the parents have made toward
alleviating or mitigating the causes necessitating placement in
foster care.
   (6) The likely date by which the child may be returned to and
safely maintained in the home, placed for adoption, legal
guardianship, or in another planned permanent living arrangement.
   (7) Whether the child has any siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (A) The nature of the relationship between the child and his or
her siblings.
   (B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
   (D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   The factors the court may consider as indicators of the nature of
the child's sibling relationships include, but are not limited to,
whether the siblings were raised together in the same home, whether
the siblings have shared significant common experiences or have
existing close and strong bonds, whether either sibling expresses a
desire to visit or live with his or her sibling, as applicable, and
whether ongoing contact is in the child's best emotional interests.
   (8) For a child who is 16 years of age or older, the services
needed to assist the child to make the transition from foster care to
independent living.
   The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
   Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
   Unless their parental rights have been permanently terminated, the
parent or parents of the child are entitled to receive notice of,
and participate in, those hearings.  It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child.  In those cases, the court may order that further
reunification services to return the child to a safe home environment
be provided to the parent or parents for a period not to exceed six
months.
   (f) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, the
county welfare department shall prepare and present to the court a
report describing the following:
   (1) The child's present placement.
   (2) The child's current physical, mental, emotional, and
educational status.
   (3) Whether the child has been placed with a prospective adoptive
parent or parents.
   (4) Whether an adoptive placement agreement has been signed and
filed.
   (5) Whether the final adoption order should include provisions for
postadoptive sibling contact pursuant to Section 366.29.
   (6) The progress of the search for an adoptive placement if one
has not been identified.
   (7)  Any impediments to the adoption or the adoptive placement.
   (8)  The anticipated date by which the child will be adopted, or
placed in an adoptive home.
   (9)  The anticipated date by which an adoptive placement agreement
will be signed.
   (10)  Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
   (g) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or appointed
a legal guardian, or whether the child should remain in long-term
foster care.  The court shall order that a hearing be held pursuant
to Section 366.26 unless it determines by clear and convincing
evidence, that there is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interest
of the child because the child is being returned to the home of the
parent, the child is not a proper subject for adoption, or no one is
willing to accept legal guardianship.  If the licensed adoption
agency, or the department when it is acting as an adoption agency,
has determined it is unlikely that the child will be adopted or one
of the conditions described in paragraph (1) of subdivision (c) of
Section 366.26 applies, that fact shall constitute a compelling
reason for purposes of this subdivision.  Only upon that
determination may the court order that the child remain in long-term
foster care, without holding a hearing pursuant to Section 366.26.
   (h) If, as authorized by subdivision (g), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or
the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22.  A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption,
guardianship, or long-term foster care is the most appropriate plan
for the child.
  SEC. 6.1.  Section 366.3 of the Welfare and Institutions Code is
amended to read:
   366.3.  (a) If a juvenile court orders a permanent plan of
adoption or legal guardianship pursuant to Section 360 or 366.26, the
court shall retain jurisdiction over the child until the child is
adopted or the legal guardianship is established.  The status of the
child shall be reviewed every six months to ensure that the adoption
or guardianship is completed as expeditiously as possible.  When the
adoption of the child has been granted, the court shall terminate its
jurisdiction over the child.  Following establishment of a legal
guardianship, the court may continue jurisdiction over the child as a
dependent child of the juvenile court following the establishment of
a legal guardianship or may terminate its dependency jurisdiction
and retain jurisdiction over the child as a ward of the guardianship,
as authorized by Section 366.4.  If, however, a relative of the
child is appointed the legal guardian of the child and the child has
been placed with the relative for at least 12 months, the court
shall, except where the relative guardian objects, or upon a finding
of exceptional circumstances, terminate its dependency jurisdiction
and retain jurisdiction over the child as a ward of the guardianship,
as authorized by Section 366.4.  Following a termination of parental
rights the parent or parents shall not be a party to, or receive
notice of, any subsequent proceedings regarding the child.
   (b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact.  The court may vacate its previous order dismissing
dependency jurisdiction over the child.
   Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a guardianship which has been granted pursuant to
Section 360 or 366.26 shall be held in the juvenile court, unless the
termination is due to the emancipation or adoption of the child.
Prior to the hearing on a petition to terminate guardianship pursuant
to this paragraph, the court shall order the county department of
social services or welfare department to prepare a report, for the
court's consideration, that shall include an evaluation of whether
the child could safely remain in the guardian's home, without
terminating the guardianship, if services were provided to the child
or guardian.  If applicable, the report shall also identify
recommended services to maintain the guardianship and set forth a
plan for providing those services.  If the petition to terminate
guardianship is granted, the juvenile court may resume dependency
jurisdiction over the child, and may order the county department of
social services or welfare department to develop a new permanent
plan, which shall be presented to the court within 60 days of the
termination.  If no dependency jurisdiction has attached, the social
worker shall make any investigation he or she deems necessary to
determine whether the child may be within the jurisdiction of the
juvenile court, as provided in Section 328.
   Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the guardianship has
been revoked or terminated and shall be entitled to participate in
the new permanency planning hearing.  The court shall try to place
the child in another permanent placement.  At the hearing, the
parents may be considered as custodians but the child shall not be
returned to the parent or parents unless they prove, by a
preponderance of the evidence, that reunification is the best
alternative for the child.  The court may, if it is in the best
interests of the child, order that reunification services again be
provided to the                                                parent
or parents.
   (c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption may be an appropriate plan for the child, the
department shall so notify the court.  The court may vacate its
previous order dismissing dependency jurisdiction over the child and
order that a hearing be held pursuant to Section 366.26 to determine
whether adoption or continued guardianship is the most appropriate
plan for the child.  The hearing shall be held no later than 120 days
from the date of the order.  Whenever the court orders that a
hearing shall be held pursuant to Section 366.26, the court shall
direct the agency supervising the child and the licensed county
adoption agency, or the State Department of Social Services when it
is acting as an adoption agency in counties that are not served by a
county adoption agency, to prepare an assessment under subdivision
(b) of Section 366.22.
   (d) If the child is in a placement other than the home of a legal
guardian and jurisdiction has not been dismissed, the status of the
child shall be reviewed at least every six months.  The review of the
status of a child for whom the court has ordered parental rights
terminated and who has been ordered placed for adoption shall be
conducted by the court.  The review of the status of a child for whom
the court has not ordered parental rights terminated and who has not
been ordered placed for adoption may be conducted by the court or an
appropriate local agency.  The court shall conduct the review under
the following circumstances:
   (1) Upon the request of the child's parents or guardians.
   (2) Upon the request of the child.
   (3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the minor remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.26, or subdivision (g).
   (4) It has been 12 months since a review was conducted by the
court.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   (e) Except as provided in subdivision (f), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
   (1) The continuing necessity for and appropriateness of the
placement.
   (2) The continuing appropriateness and extent of compliance with
the permanent plan for the child.
   (3) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts to return the child
to a safe home and to complete whatever steps are necessary to
finalize the permanent placement of the child.
   (4) The adequacy of services provided to the child.  The court
shall consider the progress in providing the information and
documents to the child, as described in Section 391.  The court shall
also consider the need for, and progress in providing, the
assistance and services described in paragraphs (3) and (4) of
subdivision (b) of Section 391.
   (5) The extent of progress the parents have made toward
alleviating or mitigating the causes necessitating placement in
foster care.
   (6) The likely date by which the child may be returned to and
safely maintained in the home, placed for adoption, legal
guardianship, or in another planned permanent living arrangement.
   (7) Whether the child has any siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (A) The nature of the relationship between the child and his or
her siblings.
   (B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
   (D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   The factors the court may consider as indicators of the nature of
the child's sibling relationships include, but are not limited to,
whether the siblings were raised together in the same home, whether
the siblings have shared significant common experiences or have
existing close and strong bonds, whether either sibling expresses a
desire to visit or live with his or her sibling, as applicable, and
whether ongoing contact is in the child's best emotional interests.
   (8) For a child who is 16 years of age or older, the services
needed to assist the child to make the transition from foster care to
independent living.
   The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
   Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
   Unless their parental rights have been permanently terminated, the
parent or parents of the child are entitled to receive notice of,
and participate in, those hearings.  It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child.  In those cases, the court may order that further
reunification services to return the child to a safe home environment
be provided to the parent or parents for a period not to exceed six
months.
   (f) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, the
county welfare department shall prepare and present to the court a
report describing the following:
   (1) The child's present placement.
   (2) The child's current physical, mental, emotional, and
educational status.
   (3) Whether the child has been placed with a prospective adoptive
parent or parents.
   (4) Whether an adoptive placement agreement has been signed and
filed.
   (5) Whether the final adoption order should include provisions for
postadoptive sibling contact pursuant to Section 366.29.
   (6) The progress of the search for an adoptive placement if one
has not been identified.
   (7) Any impediments to the adoption or the adoptive placement.
   (8) The anticipated date by which the child will be adopted, or
placed in an adoptive home.
   (9) The anticipated date by which an adoptive placement agreement
will be signed.
   (10) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
   (g) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or appointed
a legal guardian, or whether the child should remain in long-term
foster care.  The court shall order that a hearing be held pursuant
to Section 366.26 unless it determines by clear and convincing
evidence, that there is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interest
of the child because the child is being returned to the home of the
parent, the child is not a proper subject for adoption, or no one is
willing to accept legal guardianship.  If the licensed adoption
agency, or the department when it is acting as an adoption agency,
has determined it is unlikely that the child will be adopted or one
of the conditions described in paragraph (1) of subdivision (c) of
Section 366.26 applies, that fact shall constitute a compelling
reason for purposes of this subdivision.  Only upon that
determination may the court order that the child remain in long-term
foster care, without holding a hearing pursuant to Section 366.26.
   (h) If, as authorized by subdivision (g), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or
the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22.  A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption,
guardianship, or long-term foster care is the most appropriate plan
for the child.
  SEC. 6.2.  Section 366.3 of the Welfare and Institutions Code is
amended to read:
   366.3.  (a) If a juvenile court orders a permanent plan of
adoption or legal guardianship pursuant to Section 360 or 366.26, the
court shall retain jurisdiction over the child until the child is
adopted or the legal guardianship is established.  The status of the
child shall be reviewed every six months to ensure that the adoption
or legal guardianship is completed as expeditiously as possible.
When the adoption of the child has been granted, the court shall
terminate its jurisdiction over the child.  Following establishment
of a legal guardianship, the court may continue jurisdiction over the
child as a dependent child of the juvenile court following the
establishment of a legal guardianship or may terminate its dependency
jurisdiction and retain jurisdiction over the child as a ward of the
legal guardianship, as authorized by Section 366.4.  If, however, a
relative of the child is appointed the legal guardian of the child
and the child has been placed with the relative for at least 12
months, the court shall, except where the relative guardian objects,
or upon a finding of exceptional circumstances, terminate its
dependency jurisdiction and retain jurisdiction over the child as a
ward of the guardianship, as authorized by Section 366.4.  Following
a termination of parental rights the parent or parents shall not be a
party to, or receive notice of, any subsequent proceedings regarding
the child.
   (b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact.  The court may vacate its previous order dismissing
dependency jurisdiction over the child.
   Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a legal guardianship which has been granted pursuant to
Section 360 or 366.26 shall be held in the juvenile court, unless the
termination is due to the emancipation or adoption of the child.
Prior to the hearing on a petition to terminate legal guardianship
pursuant to this paragraph, the court shall order the county
department of social services or welfare department to prepare a
report, for the court's consideration, that shall include an
evaluation of whether the child could safely remain in the legal
guardian's home, without terminating the legal guardianship, if
services were provided to the child or legal guardian.  If
applicable, the report shall also identify recommended services to
maintain the legal guardianship and set forth a plan for providing
those services.  If the petition to terminate legal guardianship is
granted, the juvenile court may resume dependency jurisdiction over
the child, and may order the county department of social services or
welfare department to develop a new permanent plan, which shall be
presented to the court within 60 days of the termination.  If no
dependency jurisdiction has attached, the social worker shall make
any investigation he or she deems necessary to determine whether the
child may be within the jurisdiction of the juvenile court, as
provided in Section 328.
   Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the legal guardianship
has been revoked or terminated and shall be entitled to participate
in the new permanency planning hearing.  The court shall try to place
the child in another permanent placement.  At the hearing, the
parents may be considered as custodians but the child shall not be
returned to the parent or parents unless they prove, by a
preponderance of the evidence, that reunification is the best
alternative for the child.  The court may, if it is in the best
interests of the child, order that reunification services again be
provided to the parent or parents.
   (c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption may be an appropriate plan for the child, the
department shall so notify the court.  The court may vacate its
previous order dismissing dependency jurisdiction over the child and
order that a hearing be held pursuant to Section 366.26 to determine
whether adoption or continued legal guardianship is the most
appropriate plan for the child.  The hearing shall be held no later
than 120 days from the date of the order.  Whenever the court orders
that a hearing shall be held pursuant to Section 366.26, the court
shall direct the agency supervising the child and the licensed county
adoption agency, or the State Department of Social Services when it
is acting as an adoption agency in counties that are not served by a
county adoption agency, to prepare an assessment under subdivision
(b) of Section 366.22.
   (d) If the child is in a placement other than the home of a legal
guardian and jurisdiction has not been dismissed, the status of the
child shall be reviewed at least every six months.  The review of the
status of a child for whom the court has ordered parental rights
terminated and who has been ordered placed for adoption shall be
conducted by the court.  The review of the status of a child for whom
the court has not ordered parental rights terminated and who has not
been ordered placed for adoption may be conducted by the court or an
appropriate local agency.  The court shall conduct the review under
the following circumstances:
   (1) Upon the request of the child's parents or legal guardians.
   (2) Upon the request of the child.
   (3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the child remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.26, or subdivision (g).
   (4) It has been 12 months since a review was conducted by the
court.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   (e) Except as provided in subdivision (f), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
   (1) The continuing necessity for and appropriateness of the
placement.
   (2) The continuing appropriateness and extent of compliance with
the permanent plan for the child.
   (3) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts to return the child
to a safe home and to complete whatever steps are necessary to
finalize the permanent placement of the child.
   (4) The adequacy of services provided to the child.
   (5) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.
   (6) The likely date by which the child may be returned to and
safely maintained in the home, placed for adoption, legal
guardianship, or in another planned permanent living arrangement.
   (7) Whether the child has any siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (A) The nature of the relationship between the child and his or
her siblings.
   (B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
   (D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   The factors the court may consider as indicators of the nature of
the child's sibling relationships include, but are not limited to,
whether the siblings were raised together in the same home, whether
the siblings have shared significant common experiences or have
existing close and strong bonds, whether either sibling expresses a
desire to visit or live with his or her sibling, as applicable, and
whether ongoing contact is in the child's best emotional interests.

   (8) For a child who is 16 years of age or older, the services
needed to assist the child to make the transition from foster care to
independent living.
   The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
   Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
   Unless their parental rights have been permanently terminated, the
parent or parents of the child are entitled to receive notice of,
and participate in, those hearings.  It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child.  In those cases, the court may order that further
reunification services to return the child to a safe home environment
be provided to the parent or parents for a period not to exceed six
months.
   (f) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, the
county welfare department shall prepare and present to the court a
report describing the following:
   (1) The child's present placement.
   (2) The child's current physical, mental, emotional, and
educational status.
   (3) Whether the child has been placed with a prospective adoptive
parent or parents.
   (4) Whether an adoptive placement agreement has been signed and
filed.
   (5) Whether the final adoption order should include provisions for
postadoptive sibling contact pursuant to Section 366.29.
   (6) The progress of the search for an adoptive placement if one
has not been identified.
   (7) Any impediments to the adoption or the adoptive placement.
   (8) The anticipated date by which the child will be adopted, or
placed in an adoptive home.
   (9) The anticipated date by which an adoptive placement agreement
will be signed.
   (10) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
   (g) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or appointed
a legal guardian, or whether the child should remain in long-term
foster care.  The court shall order that a hearing be held pursuant
to Section 366.26 unless it determines by clear and convincing
evidence, that there is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interest
of the child because the child is being returned to the home of the
parent, the child is not a proper subject for adoption, or no one is
willing to accept legal guardianship.  If the licensed county
adoption agency, or the department when it is acting as an adoption
agency in counties that are not served by a county adoption agency,
has determined it is unlikely that the child will be adopted or one
of the conditions described in paragraph (1) of subdivision (c) of
Section 366.26 applies, that fact shall constitute a compelling
reason for purposes of this subdivision.  Only upon that
determination may the court order that the child remain in long-term
foster care, without holding a hearing pursuant to Section 366.26.
   (h) If, as authorized by subdivision (g), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or
the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22.  A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption, legal
guardianship, or long-term foster care is the most appropriate plan
for the child.
  SEC. 6.3.  Section 366.3 of the Welfare and Institutions Code is
amended to read:
   366.3.  (a) If a juvenile court orders a permanent plan of
adoption or legal guardianship pursuant to Section 360 or 366.26, the
court shall retain jurisdiction over the child until the child is
adopted or the legal guardianship is established.  The status of the
child shall be reviewed every six months to ensure that the adoption
or legal guardianship is completed as expeditiously as possible.
When the adoption of the child has been granted, the court shall
terminate its jurisdiction over the child.  Following establishment
of a legal guardianship, the court may continue jurisdiction over the
child as a dependent child of the juvenile court following the
establishment of a legal guardianship or may terminate its dependency
jurisdiction and retain jurisdiction over the child as a ward of the
legal guardianship, as authorized by Section 366.4.  If, however, a
relative of the child is appointed the legal guardian of the child
and the child has been placed with the relative for at least 12
months, the court shall, except where the relative guardian objects,
or upon a finding of exceptional circumstances, terminate its
dependency jurisdiction and retain jurisdiction over the child as a
ward of the guardianship, as authorized by Section 366.4.  Following
a termination of parental rights the parent or parents shall not be a
party to, or receive notice of, any subsequent proceedings regarding
the child.
   (b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact.  The court may vacate its previous order dismissing
dependency jurisdiction over the child.
   Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a legal guardianship which has been granted pursuant to
Section 360 or 366.26 shall be held in the juvenile court, unless the
termination is due to the emancipation or adoption of the child.
Prior to the hearing on a petition to terminate legal guardianship
pursuant to this paragraph, the court shall order the county
department of social services or welfare department to prepare a
report, for the court's consideration, that shall include an
evaluation of whether the child could safely remain in the legal
guardian's home, without terminating the legal guardianship, if
services were provided to the child or legal guardian.  If
applicable, the report shall also identify recommended services to
maintain the legal guardianship and set forth a plan for providing
those services.  If the petition to terminate legal guardianship is
granted, the juvenile court may resume dependency jurisdiction over
the child, and may order the county department of social services or
welfare department to develop a new permanent plan, which shall be
presented to the court within 60 days of the termination.  If no
dependency jurisdiction has attached, the social worker shall make
any investigation he or she deems necessary to determine whether the
child may be within the jurisdiction of the juvenile court, as
provided in Section 328.
   Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the legal guardianship
has been revoked or terminated and shall be entitled to participate
in the new permanency planning hearing.  The court shall try to place
the child in another permanent placement.  At the hearing, the
parents may be considered as custodians but the child shall not be
returned to the parent or parents unless they prove, by a
preponderance of the evidence, that reunification is the best
alternative for the child.  The court may, if it is
                         in the best interests of the child, order
that reunification services again be provided to the parent or
parents.
   (c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption may be an appropriate plan for the child, the
department shall so notify the court.  The court may vacate its
previous order dismissing dependency jurisdiction over the child and
order that a hearing be held pursuant to Section 366.26 to determine
whether adoption or continued legal guardianship is the most
appropriate plan for the child.  The hearing shall be held no later
than 120 days from the date of the order.  Whenever the court orders
that a hearing shall be held pursuant to Section 366.26, the court
shall direct the agency supervising the child and the licensed county
adoption agency, or the State Department of Social Services when it
is acting as an adoption agency in counties that are not served by a
county adoption agency, to prepare an assessment under subdivision
(b) of Section 366.22.
   (d) If the child is in a placement other than the home of a legal
guardian and jurisdiction has not been dismissed, the status of the
child shall be reviewed at least every six months.  The review of the
status of a child for whom the court has ordered parental rights
terminated and who has been ordered placed for adoption shall be
conducted by the court.  The review of the status of a child for whom
the court has not ordered parental rights terminated and who has not
been ordered placed for adoption may be conducted by the court or an
appropriate local agency.  The court shall conduct the review under
the following circumstances:
   (1) Upon the request of the child's parents or legal guardians.
   (2) Upon the request of the child.
   (3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the child remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.26, or subdivision (g).
   (4) It has been 12 months since a review was conducted by the
court.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   (e) Except as provided in subdivision (f), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
   (1) The continuing necessity for and appropriateness of the
placement.
   (2) The continuing appropriateness and extent of compliance with
the permanent plan for the child.
   (3) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts to return the child
to a safe home and to complete whatever steps are necessary to
finalize the permanent placement of the child.
   (4) The adequacy of services provided to the child.  The court
shall consider the progress in providing, the information and
documents to the child, as described in Section 391.  The court shall
also consider the need for, and progress in providing, the
assistance and services described in paragraphs (3) and (4) of
subdivision (b) of Section 391.
   (5) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.
   (6) The likely date by which the child may be returned to and
safely maintained in the home, placed for adoption, legal
guardianship, or in another planned permanent living arrangement.
   (7) Whether the child has any siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (A) The nature of the relationship between the child and his or
her siblings.
   (B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
   (D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   The factors the court may consider as indicators of the nature of
the child's sibling relationships include, but are not limited to,
whether the siblings were raised together in the same home, whether
the siblings have shared significant common experiences or have
existing close and strong bonds, whether either sibling expresses a
desire to visit or live with his or her sibling, as applicable, and
whether ongoing contact is in the child's best emotional interests.
   (8) For a child who is 16 years of age or older, the services
needed to assist the child to make the transition from foster care to
independent living.
   The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
   Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
   Unless their parental rights have been permanently terminated, the
parent or parents of the child are entitled to receive notice of,
and participate in, those hearings.  It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child.  In those cases, the court may order that further
reunification services to return the child to a safe home environment
be provided to the parent or parents for a period not to exceed six
months.
   (f) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, the
county welfare department shall prepare and present to the court a
report describing the following:
   (1) The child's present placement.
   (2) The child's current physical, mental, emotional, and
educational status.
   (3) Whether the child has been placed with a prospective adoptive
parent or parents.
   (4) Whether an adoptive placement agreement has been signed and
filed.
   (5) Whether the final adoption order should include provisions for
postadoptive sibling contact pursuant to Section 366.29.
   (6) The progress of the search for an adoptive placement if one
has not been identified.
   (7) Any impediments to the adoption or the adoptive placement.
   (8) The anticipated date by which the child will be adopted, or
placed in an adoptive home.
   (9) The anticipated date by which an adoptive placement agreement
will be signed.
   (10) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
   (g) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or appointed
a legal guardian, or whether the child should remain in long-term
foster care.  The court shall order that a hearing be held pursuant
to Section 366.26 unless it determines by clear and convincing
evidence, that there is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interest
of the child because the child is being returned to the home of the
parent, the child is not a proper subject for adoption, or no one is
willing to accept legal guardianship.  If the licensed county
adoption agency, or the department when it is acting as an adoption
agency in counties that are not served by a county adoption agency,
has determined it is unlikely that the child will be adopted or one
of the conditions described in paragraph (1) of subdivision (c) of
Section 366.26 applies, that fact shall constitute a compelling
reason for purposes of this subdivision.  Only upon that
determination may the court order that the child remain in long-term
foster care, without holding a hearing pursuant to Section 366.26.
   (h) If, as authorized by subdivision (g), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or
the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22.  A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption, legal
guardianship, or long-term foster care is the most appropriate plan
for the child.
  SEC. 7.  Section 388 of the Welfare and Institutions Code is
amended to read:
   388.  (a) Any parent or other person having an interest in a child
who is a dependent child of the juvenile court or the child himself
or herself through a properly appointed guardian may, upon grounds of
change of circumstance or new evidence, petition the court in the
same action in which the child was found to be a dependent child of
the juvenile court or in which a guardianship was ordered pursuant to
Section 360 for a hearing to change, modify, or set aside any order
of court previously made or to terminate the jurisdiction of the
court.  The petition shall be verified and, if made by a person other
than the child, shall state the petitioner's relationship to or
interest in the child and shall set forth in concise language any
change of circumstance or new evidence which are alleged to require
the change of order or termination of jurisdiction.
   (b) Any person, including a child who is a dependent of the
juvenile court, may petition the court to assert a relationship as a
sibling related by blood, adoption, or affinity through a common
legal or biological parent to a child who is, or is the subject of a
petition for adjudication as, a dependent of the juvenile court, and
may request visitation with the dependent child, placement with or
near the dependent child, or consideration when determining or
implementing a case plan or permanent plan for the dependent child or
make any other request for an order which may be shown to be in the
best interest of the dependent child.  The court may appoint a
guardian ad litem to file the petition for the dependent child
asserting the sibling relationship if the court determines that the
appointment is necessary for the best interests of the dependent
child.  The petition shall be verified and shall set forth the
following:
   (1) Through which parent he or she is related to the dependent
child.
   (2) Whether he or she is related to the dependent child by blood,
adoption, or affinity.
   (3) The request or order that the petitioner is seeking.
   (4) Why that request or order is in the best interest of the
dependent child.
   (c) If it appears that the best interests of the child may be
promoted by the proposed change of order, recognition of a sibling
relationship, or termination of jurisdiction, the court shall order
that a hearing be held and shall give prior notice, or cause prior
notice to be given, to the persons and by the means prescribed by
Section 386, and, in those instances in which the means of giving
notice is not prescribed by those sections, then by means the court
prescribes.
  SEC. 8.  Section 16002 of the Welfare and Institutions Code is
amended to read:
   16002.  (a) It is the intent of the Legislature to maintain the
continuity of the family unit, and ensure the preservation and
strengthening of the child's family ties by ensuring that when
siblings have been removed from their home, either as a group on one
occurrence or individually on separate occurrences, the siblings will
be placed in foster care together, unless it has been determined
that placement together is not in the best interest of one or more
siblings.  The Legislature recognizes that in order to ensure the
placement of a sibling group in the same foster care placement,
placement resources need to be expanded.
   (b) The responsible local agency shall make a diligent effort in
all out-of-home placements of dependent children, including those
with relatives, to develop and maintain sibling relationships.  If
siblings are not placed together in the same home, the social worker
shall explain why the siblings are not placed together and what
efforts he or she is making to place the siblings together or why
those efforts are not appropriate.  When placement of siblings
together in the same home is not possible, diligent effort shall be
made, and a case plan prepared, to provide for ongoing and frequent
interaction among siblings until family reunification is achieved,
or, if parental rights are terminated, as part of developing the
permanent plan for the child.  If the court determines by clear and
convincing evidence that sibling interaction is detrimental to a
child or children, the reasons for the determination shall be noted
in the court order, and interaction shall be suspended.
   (c) When there has been a judicial suspension of sibling
interaction, the reasons for the suspension shall be reviewed at each
periodic review hearing pursuant to Section 366.  When the court
determines that sibling interaction can be safely resumed, that
determination shall be noted in the court order and the case plan
shall be revised to provide for sibling interaction.
   (d) If the case plan for the child has provisions for sibling
interaction, the child, or his or her parent or legal guardian shall
have the right to comment on those provisions.  If a person wishes to
assert a sibling relationship with a dependent child, he or she may
file a petition in the juvenile court having jurisdiction over the
dependent child pursuant to subdivision (b) of Section 388.
   (e) If parental rights are terminated and the court orders a
dependent child to be placed for adoption, the licensed county
adoption agency or the State Department of Social Services shall take
all of the following steps to facilitate ongoing sibling contact,
except in those cases provided in subdivision (b) where the court
determines by a preponderance of the evidence that sibling
interaction is detrimental to the child:
   (1) Include in training provided to prospective adoptive parents
information about the importance of sibling relationships to the
adopted child and counseling on methods for maintaining sibling
relationships.
   (2) Provide prospective adoptive parents with information about
siblings of the child, except the address where the siblings of the
children reside.  However, this address may be disclosed by court
order for good cause shown.
   (3) Encourage prospective adoptive parents to make a plan for
facilitating postadoptive contact between the child who is the
subject of a petition for adoption and any siblings of this child.
   (f) As used in this section, "sibling" means a child related to
another person by blood, adoption, or affinity through a common legal
or biological parent.
   (g) The court documentation on sibling placements required under
this section shall not require the modification of existing court
order forms until the Child Welfare Services Case Management System
is implemented on a statewide basis.
  SEC. 9.  Section 16004 is added to the Welfare and Institutions
Code, to read:
   16004.  (a) The Legislature finds and declares that there is an
urgent need to develop placement resources to permit sibling groups
to remain together in out-of-home care when removed from the custody
of their parents due to child abuse or neglect.  Multiple barriers
exist, including local ordinances and community care licensing
standards, that limit or prevent the county placement agency from
fulfilling its obligation pursuant to subdivision (b) of Section
16002 to place siblings together.
   Therefore, the Legislature declares its intent to develop specific
placement resources to accommodate sibling groups.
   (b) The State Department of Social Services shall, in consultation
with the County Welfare Directors Association, the Judicial Council,
organizations representing foster youth, and other similar,
interested organizations, make recommendations to increase the
available sibling placement resources.  The possible policy changes
to be addressed shall include, but shall not be limited to, the
following:
   (1) The creation of a special licensing category for sibling care,
including sibling group foster homes.
   (2) Development of children's villages with separate cottages to
provide a home for each sibling group.
   (3) Funding for targeted recruitment of foster parents for large
sibling groups.
   (4) Establishment of a higher foster care payment rate for
caretakers who accept sibling groups.
   (5) Funding for one-time capital improvement costs to remodel
homes to accommodate placement of siblings and provide for other
up-front costs, such as vans, car seats, and other items.
   (6) Establishment of guidelines for placing siblings, who cannot
be placed in the same home, within geographic proximity to each other
and exploration of the possibility of permitting these siblings to
have the option of enrolling in the same school district even when
the siblings reside in different school districts.
   (c) The department shall develop recommendations for the
Legislature, in consultation with the Chief Probation Officers
Association and the County Welfare Directors Association, regarding
procedures for doing both of the following:
   (1) Placing siblings together when one or more siblings are in the
juvenile dependency system and one or more siblings are in the
juvenile delinquency systems, when such placements are appropriate.
   (2) Maintaining contact and sharing information between siblings
who are placed separately in out-of-home care under the juvenile
dependency and the juvenile delinquency systems.
   (d) The department shall submit the recommendations described in
subdivisions (b) and (c) to the Legislature by November 1, 2001.
  SEC. 10.  Section 16501.1 of the Welfare and Institutions Code is
amended to read:
   16501.1.  (a) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
   (b) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers as appropriate in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.  A case plan
shall be based upon the principles of this section and shall document
that a preplacement assessment of the service needs of the child and
family, and preplacement preventive services, have been provided,
and that reasonable efforts to prevent out-of-home placement have
been made.  In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.  Reasonable services shall be offered or provided to make
it possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.  If
reasonable services are not ordered, or are terminated, reasonable
efforts shall be made to place the child in a timely manner in
accordance with the permanent plan and to complete all steps
necessary to finalize the permanent placement of the child.
   (c) When out-of-home placement is used to attain case plan goals,
the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, consistent with the selection
of the environment best suited to meet the child's special needs and
best interest, or both.  The selection shall consider, in order of
priority, placement with relatives, tribal members, and foster
family, group care, and residential treatment pursuant to Section
7950 of the Family Code.
   (d) A written case plan shall be completed within 30 days of the
initial removal of the child or of the in-person response required
under subdivision (f) of Section 16501 if the child has not been
removed from his or her home, or by the date of the dispositional
hearing pursuant to Section 358, whichever occurs first.  The case
plan shall be updated, as the service needs of the child and family
dictate.  At a minimum, the case plan shall be updated in conjunction
with each status review hearing conducted pursuant to Section
366.21, and the hearing conducted pursuant to Section 366.26, but no
less frequently than once every six months.  Each updated case plan
shall include a description of the services that have been provided
to the child under the plan and an evaluation of the appropriateness
and effectiveness of those services.
   (e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
   (f) The case plan shall be developed as follows:
   (1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention.
   (2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
   (3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
   (4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers.  The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social service
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative at least
every 12 months and submit a report to the court on each visit.  For
children in out-of-state group home facilities, visits shall be
conducted at least monthly, pursuant to Section 16516.5.
   (5) When out-of-home services are used, the frequency of contact
between the natural parents or legal guardians and the child shall be
specified in the case plan.  The frequency of those contacts shall
reflect overall case goals, and consider other principles outlined in
this section.
   (6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002.  If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being.  These significant life events shall include,
but shall not be limited to, the following:
   (A) The death of an immediate relative.
   (B) The birth of a sibling.
   (C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
   (7) When out-of-home placement is made in a foster family home,
group home or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child.  When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
   (8) When out-of-home services are used, or when parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings.  This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation.  If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
   (9) When out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also
consider the importance of developing and maintaining sibling
relationships pursuant to Section 16002.
   (10) When out-of-home services are used, the child has been in
care for at least 12 months, and the goal is not adoptive placement,
the case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's
best interest.  A determination completed or updated within the past
12 months by the department when it is acting as an adoption agency
or by a licensed adoption agency that it is unlikely that the child
will be adopted, or that one of the conditions described in paragraph
(1) of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
   (11) (A) Parents and legal guardians shall have an opportunity to
review the case plan, sign it whenever possible, and then shall
receive a copy of the plan.  In any voluntary service or placement
agreement, the parents or legal guardians shall be required to review
and sign the case plan.  Whenever possible, parents and legal
guardians shall participate in the development of the case plan.
   (B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law.  However, they shall also be
advised that the parent's or guardian's failure to cooperate, except
for good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
   (12) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing.  Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan.
   (13) When the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include documentation of the steps the agency is taking to find an
adoptive family or other permanent living arrangements for the child;
to place the child with an adoptive family, an appropriate and
willing relative, a legal guardian, or in another planned permanent
living arrangement; and to finalize the adoption or legal
guardianship.  At a minimum, the documentation shall include child
specific recruitment efforts, such as the use of state, regional, and
national adoption exchanges, including electronic exchange systems,
when the child has been freed for adoption.
   (g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
and the child's prospective adoptive parents, if applicable, be
provided with information necessary to accomplish this visitation.
Nothing in this section shall be construed to require or prohibit the
social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
   (h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
   (i) The department, in consultation with the County Welfare
Directors Association and other advocates, shall develop standards
and guidelines for a model relative placement search and assessment
process based on the criteria established in Section 361.3.  These
guidelines shall be incorporated in the training described in Section
16206.  These model standards and guidelines shall be developed by
March 1, 1999.
  SEC. 10.1.  Section 1.5 of this bill incorporates amendments to
Section 358.1 of the Welfare and Institutions Code proposed by both
this bill and SB 2157.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2001,
(2) each bill amends Section 358.1 of the Welfare and Institutions
Code, and (3) this bill is enacted after SB 2157 in which case
Section 1 of this bill shall not become operative.
  SEC. 10.2.  Section 2.5 of this bill incorporates amendments to
Section 361.2 of the Welfare and Institutions Code proposed by this
bill and SB 1954.  It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2001, (2)
each bill amends Section 361.2 of the Welfare and Institutions Code,
and (3) this bill is enacted after SB 1954, in which case Section
361.2 of the Welfare and Institutions Code, as amended by SB 1954,
shall remain operative only until the operative date of this bill, at
which time Section 2.5 of this bill shall become operative, and
Section 2 of this bill shall not become operative.
  SEC. 10.3.  (a) Section 6.1 of this bill incorporates amendments to
Section 366.3 of the Welfare and Institutions Code proposed by both
this bill and AB 686.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2001,
(2) each bill amends Section 366.3 of the Welfare and Institutions
Code, and (3) AB 2921 is not enacted or as enacted does not amend
that section, and (4) this bill is enacted after AB 686, in which
case Sections 6, 6.2, and 6.3 of this bill shall not become
operative.
   (b) Section 6.2 of this bill incorporates amendments to Section
366.3 of the Welfare and Institutions Code proposed by both this bill
and AB 2921.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2001, (2) each
bill amends Section 366.3 of the Welfare and Institutions Code, (3)
AB 686 is not enacted or as enacted does not amend that section, and
(4) this bill is enacted after AB 2921 in which case Sections 6, 6.1,
and 6.3 of this bill shall not become operative.
   (c) Section 6.3 of this bill incorporates amendments to Section
366.3 of the Welfare and Institutions Code proposed by this bill, AB
686, and AB 2921.  It shall only become operative if (1) all three
bills are enacted and become effective on or before January 1, 2001,
(2) all three bills amend Section 366.3 of the Welfare and
Institutions Code, and (3) this bill is enacted after AB 686 and AB
2921, in which case Sections 6, 6.1, and 6.2 of this bill shall not
become operative.
  SEC. 11.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.