BILL NUMBER: AB 880	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 13, 2005
	AMENDED IN ASSEMBLY  APRIL 20, 2005

INTRODUCED BY   Assembly Member Cohn

                        FEBRUARY 18, 2005

   An act to amend Section 300.2 of the Welfare and Institutions
Code, relating to dependent children.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 880, as amended, Cohn.  Dependent children.
   Existing law provides for the placement of dependent children by
the juvenile court according to specified procedures.
   This bill would specify that when the return of a dependent child
to his or her parent is not possible and placement of the child is
being considered, the primary purpose of the law with respect to
dependent children is to identify family members who may be able to
safely care for the child. The bill would also set forth various
requirements for the State Department of Social Services to ensure
that as many family members as possible of dependent children are
identified, including drafting guidelines outlining best practices in
the use of advanced technology to assist counties in identifying all
relatives  , nonrelatives,  and  nonrelative
 extended  family  members at the earliest possible
time for a foster child  and developing funding estimates, as
specified  . The bill would authorize the department to identify
best practices for implementing optimal foster child placement
opportunities, as reported by designated counties that have developed
kinship care programs for that purpose.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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


  SECTION 1.
   The Legislature finds and declares as follows:
   (a) Currently, social workers make the effort to maintain
relationships between the child in foster care and certain
individuals who are important to the child.
   (b) The Legislature recognizes the right of a child in foster care
to be involved in the development of his or her own case plan to
identify all relatives, extended family members, and nonrelative
extended family members,  and the need  to place the child
in a safe home and to complete any steps necessary to finalize the
permanent placement of the child and his or her siblings, if any.
   (c) In California, at least eight counties have voluntarily
initiated programs to provide the vital function of seeking to find a
foster child's relatives and nonrelative extended family members
 ,  using new advances in technology. These proven
search methods can serve to provide family members who may agree to
house children who would otherwise be at risk of foster care
placement. Relative homes offer stability to children in crisis and
enhance family reunification. Outcome data from Washington and
Illinois show that children in the care of relatives are less likely
to enter state custody, and most of these arrangements do not require
intensive supervision of the placement by the courts or by the
department of social services.  Moreover, results from these
states demonstrate that even the most difficult to place foster
children have been successfully placed with extended family members
by utilizing family finding technologies. 
  SEC. 2.
   (a) The State Department of Social Services, in conjunction with
stakeholders,  including, but not limited to, the California
Youth Connection and the County Welfare Directors Association, 
shall draft guidelines outlining best practices in the use of
advanced technology to assist counties in identifying all relatives
and  nonrelatives   nonrelative , extended
family members at the earliest possible time for a foster child. 
The department, in conjunction with stakeholders, shall also develop
estimates of the funding needed to support family finding technology
that counties can utilize and develop recommended funding
strategies, including the use of state master contracts, public and
private partnerships, and available federal funds. 
   (b) (1) The State Department of Social Services may identify best
practices for  implementing   the development of
 optimal foster child placement opportunities, as reported by
the counties listed in paragraph (2), that are planning, designing,
and implementing strategies, such as kinship care programs, to
prioritize the placement of foster children. The creation of public
and private partnerships is encouraged, and will enhance programs
designed to quickly identify relatives and nonrelative extended
family members of children placed in foster care. The purpose of
these programs is to create a robust component in the spectrum of
foster care placement options, to be used when out-of-home placement
is necessary and to secure permanency for a foster child and any
siblings.
   (2) Counties that have developed kinship care programs, whose
practices may be considered by the department pursuant to this
subdivision, include  , but are not limited to,  all of the
following:
   (A) Alameda County.
   (B) Monterey County.
   (C) Orange County.
   (D) Placer County.
   (E) Sacramento County.
   (F) Santa Clara County.
   (G) Stanislaus County.
   (H) San Mateo County.
  SEC. 3.  Section 300.2 of the Welfare and Institutions Code is
amended to read:
   300.2.
   (a) Notwithstanding any other provision of law, the purpose of the
provisions of this chapter relating to dependent children is to
provide maximum safety and protection for children who are currently
being physically, sexually, or emotionally abused, being neglected,
or being exploited, and to ensure the safety, protection, and
physical and emotional well-being of children who are at risk of that
harm. This safety, protection, and physical and emotional well-being
may include provision of a full array of social and health services
to help the child and family and to prevent reabuse of children. The
focus shall be on the preservation of the family as well as the
safety, protection, and physical and emotional well-being of the
child. The provision of a home environment free from the negative
effects of substance abuse is a necessary condition for the safety,
protection  ,  and physical and emotional well-being of the
child. Successful participation in a treatment program for substance
abuse may be considered in evaluating the home environment. In
addition, the provisions of this chapter ensuring the confidentiality
of proceedings and records are intended to protect the privacy
rights of the child.
   (b) When the return of a dependent child to his or her parent is
not possible and placement of the child is being considered, the
primary purpose of this chapter is to identify family members who may
be able to safely care for the child. To this end, all professionals
having interaction with a child who is described in this section
shall take steps to identify, contact, and engage relatives, as
defined in paragraph (2) of subdivision (c) of Section 361.3, who may
be potential caretakers or support persons for the child.