BILL NUMBER: AB 1261 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2005
INTRODUCED BY Assembly Member Leno
FEBRUARY 22, 2005
An act to amend Sections 48853, 48853.5, 48859, and 49069.5 of the
Education Code, and to amend Section 319
Sections 319, 361, and 391 of the Welfare and Institutions
Code, relating to foster children.
LEGISLATIVE COUNSEL'S DIGEST
AB 1261, as amended, Leno. Foster children: education.
Existing law requires a pupil placed in a licensed children's
institution or foster family home to attend programs operated by the
local educational agency, unless one of certain circumstances
applies.
This bill would revise the applicable circumstances.
The bill would also define "local educational agency" for these
purposes.
Existing law provides that, if a school placement dispute arises,
a foster child has the right to remain in his or her school of origin
pending resolution of the dispute.
This bill would provide that the dispute shall be
resolved in accordance with the existing dispute resolution process
available to any pupil served by the local educational agency
require local educational agencies to have in place a
process to promptly resolve disputes relating to the school placement
of foster children and would require a written explanation of the
school's decision relating to school placement or enrollment, as
specified, to be provided if a parent, guardian, or person holding
the right to make educational decisions for the pupil disputes that
decision. To the extent this bill would impose additional duties on
local educational agencies, the bill would impose a
state‑mandated local program .
Existing law provides that "school of origin" means the school
that the foster child attended when permanently housed or the school
in which the foster child was last enrolled. Existing law requires
the educational liaison for foster children to determine, as
provided, the school that shall be deemed the school of origin for a
foster child if, among other things, there is some other school that
the foster child attended with which the foster child is connected.
This bill would additionally require that the foster child
attended that connected school in the past 15 months.
Existing law provides that the proper and timely transfer between
schools of pupils in foster care is the responsibility of both the
local educational agency and the county placing agency and imposes
various requirements relating to the transfer of those pupils between
schools.
This bill would define "pupil in foster care" for these purposes.
Existing law sets forth the circumstances under which a minor may
be adjudged a dependent child of the juvenile court, and establishes
procedures to determine temporary placement of a dependent child.
This bill would authorize the court, at the initial hearing or
anytime thereafter up until the time that the minor is adjudged a
dependent child of the court or a finding is made dismissing the
petition, to temporarily limit the right of the parent or guardian to
make educational decisions for the child and to
temporarily appoint a responsible adult to make educational decisions
for the child if all of specified conditions are found. The
bill would also authorize the court to make educational decisions for
the child under specified circumstances.
Existing law authorizes a juvenile court to limit the right of a
parent or guardian to make educational decisions for his or her child
that is adjudged a dependent child of the court and requires the
court at the same time to appoint a responsible adult to make
educational decisions for the child until one of specified
circumstances occurs.
This bill would authorize the court to make educational decisions
for the child if the court cannot identify a responsible adult to
make educational decisions for the child, the appointment of a
surrogate parent is not warranted, and there is no foster parent to
exercise the appropriate authority.
Existing law requires the county welfare department, at any
hearing to terminate jurisdiction over a dependent child who has
reached the age of majority, to, among other things, submit a report
verifying that specified documents, where applicable, have been
provided to the child.
This bill would include among those documents a health and
education summary.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48853 of the Education Code is amended to
read:
48853. (a) A pupil placed in a licensed children's institution or
foster family home shall attend programs operated by the local
educational agency, unless one of the following applies:
(1) The pupil is entitled to remain in his or her school of origin
pursuant to paragraph (1) of subdivision (d) of Section 48853.5.
(2) The pupil has an individualized education program requiring
placement in a nonpublic, nonsectarian school or agency, or in
another local educational agency.
(3) The parent or guardian, or other person holding the right to
make educational decisions for the pupil pursuant to Section 361 or
727 of the Welfare and Institutions Code or Section 56055, determines
that it is in the best interest of the pupil to be placed in another
educational program.
(b) Before any decision is made to place a pupil in a juvenile
court school as defined by Section 48645.1, a community school
as described in Sections 1981 and 48660, or other alternative
educational setting, the parent or guardian, or person holding
the right to make educational decisions for the pupil pursuant to
Section 361 or 726 of the Welfare and Institutions Code or Section
56055, shall first consider placement in the regular public school.
(c) If any dispute arises as to the school placement of a pupil
subject to this section, the pupil has the right to remain in his or
her school of origin, as defined in subdivision (e) of Section
48853.5, pending resolution of the dispute. The dispute shall be
resolved in accordance with the existing dispute resolution process
available to any pupil served by the local educational agency.
(c) (1) A local educational agency shall have in place a process
to promptly resolve disputes relating to the school placement of a
pupil subject to this section.
(2) A written explanation of the school's decision shall be
provided if a parent, guardian, or person holding the right to make
educational decisions for the pupil disputes a school placement or
enrollment decision. The written explanation shall include a
discussion of the right of the parent, guardian, or person holding
the right to make educational decisions for the pupil to appeal the
decision.
(3) If any dispute arises as to the school placement of a pupil
subject to this section, the pupil has the right to remain in his or
her school of origin, as defined in subdivision (e) of Section
48853.5, pending resolution of the dispute.
(4) The school shall refer the parent, guardian, or person holding
the right to make educational decisions for the pupil to the
educational liaison described in subdivision (b) of Section 48853.5
to carry out the dispute resolution process as expeditiously as
possible.
(d) This section does not supersede other laws that govern pupil
expulsion.
(e) This section does not supersede any other law governing the
educational placement in a juvenile court school, as defined by
Section 48645.1, of a pupil detained in a county juvenile hall, or
committed to a county juvenile ranch, camp, forestry camp, or
regional facility.
(f) Foster children living in emergency shelters, as referenced in
the federal McKinney-Vento Homeless Assistance Act (42
U.S.C. Sec. 11431 et seq.), may receive educational services at the
emergency shelter as necessary for short periods of time for either
of the following reasons:
(1) For health and safety emergencies.
(2) To provide temporary, special, and supplementary services to
meet the child's unique needs if a decision regarding whether it is
in the child's best interest to attend the school of origin cannot be
made promptly, it is not practical to transport the child to the
school of origin, and the child would otherwise not receive
educational services.
The educational services may be provided at the shelter pending a
determination by the person holding the right regarding the
educational placement of the child.
(g) All educational and school placement decisions shall be made
to ensure that the child is placed in the least restrictive
educational programs and has access to academic resources, services,
and extracurricular and enrichment activities that are available to
all pupils. In all instances, educational and school placement
decisions shall be based on the best interests of the child.
SEC. 2. Section 48853.5 of the Education Code is amended to
read:
48853.5. (a) This section applies to any foster child who has
been removed from his or her home pursuant to Section 309 of the
Welfare and Institutions Code, is the subject of a petition filed
under Section 300 or 602 of the Welfare and Institutions Code, or has
been removed from his or her home and is the subject of a petition
filed under Section 300 or 602 of the Welfare and Institutions Code.
(b) Each local educational agency shall designate a staff person
as the educational liaison for foster children. In a school district
that operates a foster children services program pursuant to Chapter
11.3 (commencing with Section 42920) of Part 24, the educational
liaison shall be affiliated with the local foster children services
program. The liaison shall do all of the following:
(1) Ensure and facilitate the proper educational placement,
enrollment in school, and checkout from school of foster children.
(2) Assist foster children when transferring from one school to
another or from one school district to another in ensuring proper
transfer of credits, records, and grades.
(c) This section does not grant authority to the educational
liaison that supersedes the authority granted under state and federal
law to a parent or guardian retaining educational rights, a
responsible adult appointed by the court to represent the child
pursuant to Section 361 or 726 of the Welfare and Institutions Code,
a surrogate parent, or a foster parent exercising the authority
granted under Section 56055. The role of the educational liaison is
advisory with respect to placement decisions and determination of
school of origin.
(d) (1) At the initial detention or placement, or any subsequent
change in placement of a foster child, the local educational agency
serving the foster child shall allow the foster child to continue his
or her education in the school of origin for the duration of the
academic school year.
(2) The liaison, in consultation with and the agreement of the
foster child and the person holding the right to make educational
decisions for the foster child may, in accordance with the foster
child's best interest, recommend that the foster child's right to
attend the school of origin be waived and the foster child be
enrolled in any public school that pupils living in the attendance
area in which the foster child resides are eligible to attend.
(3) Prior to making any recommendation to move a foster child from
his or her school of origin, the liaison shall provide the foster
child and the person holding the right to make educational decisions
for the foster child with a written explanation stating the basis for
the recommendation and how this recommendation serves the foster
child's best interest.
(4) (A) If the liaison in consultation with the foster child and
the person holding the right to make educational decisions for the
foster child agree that the best interests of the foster child would
be served by his or her transfer to a school other than the school of
origin, the foster child shall immediately be enrolled in the new
school.
(B) The new school shall immediately enroll the foster child even
if the foster child has outstanding fees, fines, textbooks, or
other items or moneys due to the school last attended or is
unable to produce records or clothing normally required for
enrollment, such as previous academic records, medical records, proof
of residency, other documentation, or school uniforms.
(C) The liaison for the new school shall, within two business days
of the foster child's request for enrollment, contact the school
last attended by the foster child to obtain all academic and other
records. All required records shall be provided to the new
school regardless of any outstanding fees, fines, textbooks, or other
items or moneys owed to the school last attended. The school
liaison for the school last attended shall provide all records to the
new school within two business days of receiving the request.
(5) If any dispute arises regarding the request of a foster child
to remain in the school of origin, the foster child has the right to
remain in the school of origin pending resolution of the dispute. The
dispute shall be resolved in accordance with the existing dispute
resolution process available to any pupil served by the local
educational agency.
(6) The local educational agency and the county placing agency are
encouraged to collaborate to ensure maximum utilization of available
federal moneys, explore public-private partnerships, and access any
other funding sources to promote the well-being of foster children
through educational stability.
(e) For purposes of this section, "school of origin" means the
school that the foster child attended when permanently housed or the
school in which the foster child was last enrolled. If the school the
foster child attended when permanently housed is different from the
school in which the foster child was last enrolled, or if there is
some other school that the foster child attended with which the
foster child is connected and which the foster child attended within
the immediately preceding 15 months, the liaison, in consultation
with and the agreement of the foster child and the person holding the
right to make educational decisions for the foster child, shall
determine , in the best interest of the foster child, the
school that shall be deemed the school of origin.
(f) This section does not supersede other law governing the
educational placements in juvenile court schools, as defined by
Section 48645.1, by the juvenile court under Section 602 of the
Welfare and Institutions Code.
SEC. 3. Section 48859 of the Education Code is amended to read:
48859. For purposes of this chapter, the following terms have the
following meanings:
(a) "County placing agency" means the county social
service services department or county probation
department.
(b) "Educational authority" means an entity designated to
represent the interests of a child for educational and related
services.
(c) "Local educational agency" means a public board of education
or other public authority legally constituted within the state for
either administrative control or direction of, or to perform a
service function for, public elementary or secondary schools in a
city, county, township, school district, or other political
subdivision of this state, or for a combination of school districts
or counties as are recognized in this state as an administrative
agency for its public elementary or secondary schools.
(c) "Local educational agency" means a school district, a county
office of education, a charter school participating as a member of a
special education local plan area, or a special education local plan
area.
SEC. 4. Section 49069.5 of the Education Code is amended to
read:
49069.5. (a) The Legislature finds and declares that the mobility
of pupils in foster care often disrupts their educational
experience. The Legislature also finds that efficient transfer
procedures and transfer of pupil records is a critical factor in the
swift placement of foster children in educational settings.
(b) The proper and timely transfer between schools of pupils in
foster care is the responsibility of both the local educational
agency and the county placing agency.
(c) As soon as the county placing agency becomes aware of the need
to transfer a pupil in foster care out of his or her current school,
the county placing agency shall contact the appropriate person at
the local educational agency of the pupil. The county placing agency
shall notify the local educational agency of the date that the pupil
will be leaving the school and request that the pupil be transferred
out.
(d) Upon receiving a transfer request from a county placing
agency, the local educational agency shall, within two business days,
transfer the pupil out of school and deliver the educational
information and records of the pupil to the next educational
placement.
(e) As part of the transfer process described under subdivisions
(c) and (d), the local educational agency shall compile the complete
educational record of the pupil including a determination of seat
time, full or partial credits earned, current classes and grades,
immunization and other records, and, if applicable, a copy of the
pupil's plan adopted pursuant to Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794 et seq.) or
individualized education program adopted pursuant to the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.).
(f) The local educational agency shall assign the duties listed in
this section to a person competent to handle the transfer procedure
and aware of the specific educational recordkeeping needs of
homeless, foster, and other transient children who transfer between
schools.
(g) The local educational agency shall ensure that if the pupil in
foster care is absent from school due to a decision to change the
placement of a pupil made by a court or placing agency, the grades
and credits of the pupil will be calculated as of the date the pupil
left school, and no lowering of grades will occur as a result of the
absence of the pupil under these circumstances.
(h) The local educational agency shall ensure that if the pupil in
foster care is absent from school due to a verified court appearance
or related court ordered activity, no lowering of his or her grades
will occur as a result of the absence of the pupil under these
circumstances.
(i) For the purposes of this section, "pupil in foster care" means
any child who has been removed from his or her home pursuant to
Section 309 of the Welfare and Institutions Code, is the subject of a
petition filed under Section 300 or 602 of the Welfare and
Institutions Code, or has been removed from his or her home and is
the subject of a petition filed under Section 300 or 602 of the
Welfare and Institutions Code.
SEC. 5. Section 319 of the Welfare and Institutions Code is
amended to read:
319. (a) At the initial petition hearing, the court shall examine
the child's parents, guardians, or other persons having relevant
knowledge and hear the relevant evidence as the child, the child's
parents or guardians, the petitioner, or their counsel desires to
present. The court may examine the child, as provided in Section 350.
(b) The social worker shall report to the court on the reasons why
the child has been removed from the parent's custody; the need, if
any, for continued detention; the available services and the referral
methods to those services that could facilitate the return of the
child to the custody of the child's parents or guardians; and whether
there are any relatives who are able and willing to take temporary
custody of the child. The court shall order the release of the child
from custody unless a prima facie showing has been made that the
child comes within Section 300, the court finds that continuance in
the parent's or guardian's home is contrary to the child's welfare,
and any of the following circumstances exist:
(1) There is a substantial danger to the physical health of the
child or the child is suffering severe emotional damage, and there
are no reasonable means by which the child's physical or emotional
health may be protected without removing the child from the
parents' or guardians' parent's or guardian's
physical custody.
(2) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
(3) The child has left a placement in which he or she was placed
by the juvenile court.
(4) The child indicates an unwillingness to return home, if the
child has been physically or sexually abused by a person residing in
the home.
(c) If the matter is continued pursuant to Section 322 or for any
other reason, the court shall find that the continuance of the child
in the parent's or guardian's home is contrary to the child's welfare
at the initial petition hearing or order the release of the child
from custody.
(d) (1) The court shall also make a determination on the record,
referencing the social worker's report or other evidence relied upon,
as to whether reasonable efforts were made to prevent or eliminate
the need for removal of the child from his or her home, pursuant to
subdivision (b) of Section 306, and whether there are available
services that would prevent the need for further detention. Services
to be considered for purposes of making this determination are case
management, counseling, emergency shelter care, emergency in-home
caretakers, out-of-home respite care, teaching and demonstrating
homemakers, parenting training, transportation, and any other child
welfare services authorized by the State Department of Social
Services pursuant to Chapter 5 (commencing with Section 16500) of
Part 4 of Division 9. The court shall also review whether the social
worker has considered whether a referral to public assistance
services pursuant to Chapter 2 (commencing with Section 11200) and
Chapter 7 (commencing with Section 14000) of Part 3, Chapter 1
(commencing with Section 17000) of Part 5, and Chapter 10 (commencing
with Section 18900) of Part 6 of Division 9 would have eliminated
the need to take temporary custody of the child or would prevent the
need for further detention.
(2) If the child can be returned to the custody of his or her
parent or guardian through the provision of those services, the court
shall place the child with his or her parent or guardian and order
that the services shall be provided. If the child cannot be returned
to the custody of his or her parent or guardian, the court shall
determine if there is a relative who is able and willing to care for
the child, and has been assessed pursuant to paragraph (1) of
subdivision (d) of Section 309.
(e) Whenever a court orders a child detained, the court shall
state the facts on which the decision is based, shall specify why the
initial removal was necessary, shall reference the social worker's
report or other evidence relied upon to make its determination
whether continuance in the home of the parent or legal guardian in
contrary to the child's welfare, shall order temporary placement and
care of the child to be vested with the county child welfare
department pending the hearing held pursuant to Section 355 or
further order of the court, and shall order services to be provided
as soon as possible to reunify the child and his or her family if
appropriate.
(f) When the child is not released from custody, the court may
order that the child shall be placed in the assessed home of a
relative, in an emergency shelter or other suitable licensed place,
in a place exempt from licensure designated by the juvenile court, or
in the assessed home of a nonrelative extended family member as
defined in Section 362.7 for a period not to exceed 15 judicial days.
As used in this section, "relative" means an adult who is related
to the child by blood, adoption, or affinity within the fifth degree
of kinship, including stepparents, stepsiblings, and all relatives
whose status is preceded by the words "great," "great-great," or
"grand," or the spouse of any of these persons, even if the marriage
was terminated by death or dissolution. However, only the following
relatives shall be given preferential consideration for placement of
the child: an adult who is a grandparent, aunt, uncle, or sibling of
the child.
The court shall consider the recommendations of the social worker
based on the assessment pursuant to paragraph (1) of subdivision (d)
of Section 309 of the relative's home, including the results of a
criminal records check and prior child abuse allegations, if any,
prior to ordering that the child be placed with a relative. The court
shall order the parent to disclose to the social worker the names,
residences, and any known identifying information of any maternal or
paternal relatives of the child. The social worker shall initiate the
assessment pursuant to Section 361.3 of any relative to be
considered for continuing placement.
(g) (1) At the initial hearing upon the petition filed in
accordance with subdivision (c) of Rule 1406 of the California Rules
of Court or anytime thereafter up until the time that the minor is
adjudged a dependent child of the court or a finding is made
dismissing the petition, the court may temporarily limit the right of
the parent or guardian to make educational decisions for the child
and temporarily appoint a responsible adult to make educational
decisions for the child if all of the following conditions are found:
(A) The parent or guardian is unavailable, unable, or unwilling to
exercise educational rights for the child.
(B) The county placing agency has made diligent efforts to locate
and secure the participation of the parent or guardian in educational
decisionmaking.
(C) The child's educational needs cannot be met without the
temporary appointment of a responsible adult.
(2) If the court cannot identify a responsible adult to make
educational decisions for the child and the appointment of a
surrogate parent as defined in subdivision (a) of Section 56050 of
the Education Code is not warranted, the court may, with the input of
any interested person, make educational decisions for the child.
(2)
(3) Any temporary appointment of a
responsible adult and temporary limitation on the right of the parent
or guardian to make educational decisions for the child shall be
specifically addressed in the court order. Any order made under this
section shall expire at the conclusion of the hearing held pursuant
to Section 361 or upon dismissal of the petition. Upon the entering
of disposition orders any additional needed limitation on the parent'
s or guardian's educational rights shall be addressed
pursuant to Section 361.
SEC. 6. Section 361 of the Welfare and
Institutions Code is amended to read:
361. (a) In all cases in which a minor is adjudged a dependent
child of the court on the ground that the minor is a person described
by Section 300, the court may limit the control to be exercised over
the dependent child by any parent or guardian and shall by its order
clearly and specifically set forth all those limitations. Any
limitation on the right of the parent or guardian to make educational
decisions for the child shall be specifically addressed in the court
order. The limitations may not exceed those necessary to protect the
child. If the court specifically limits the right of the parent or
guardian to make educational decisions for the child, the court shall
at the same time appoint a responsible adult to make educational
decisions for the child until one of the following occurs:
(1) The minor reaches 18 years of age, unless the child chooses
not to make educational decisions for himself or herself, or is
deemed by the court to be incompetent.
(2) Another responsible adult is appointed to make educational
decisions for the minor pursuant to this section.
(3) The right of the parent or guardian to make educational
decisions for the minor is fully restored.
(4) A successor guardian or conservator is appointed.
(5) The child is placed into a planned permanent living
arrangement pursuant to paragraph (3) of subdivision (g) of Section
366.21, Section 366.22, or Section 366.26, at which time the foster
parent, relative caretaker, or nonrelative extended family member as
defined in Section 362.7 , has the right to represent the
child in educational matters pursuant to Section 56055 of the
Education Code.
An individual who would have a conflict of interest in
representing the child may not be appointed to make educational
decisions. For purposes of this section, "an individual who would
have a conflict of interest," means a person having any interests
that might restrict or bias his or her ability to make educational
decisions, including, but not limited to, those conflicts of interest
prohibited by Section 1126 of the Government Code, and the receipt
of compensation or attorneys' fees for the provision of services
pursuant to this section. A foster parent may not be deemed to have a
conflict of interest solely because he or she receives compensation
for the provision of services pursuant to this section.
If the court is unable to appoint a responsible adult to make
educational decisions for the child and paragraphs (1) to (5),
inclusive, do not apply, and the child has either been referred to
the local educational agency for special education and related
services, or has a valid individualized education program, the court
shall refer the child to the local educational agency for appointment
of a surrogate parent pursuant to Section 7579.5 of the Government
Code.
If the court cannot identify a responsible adult to make
educational decisions for the child, the appointment of a surrogate
parent as defined in subdivision (a) of Section 56050 of the
Education Code is not warranted, and there is no foster parent to
exercise the authority granted by Section 56055 of the Education
Code, the court may, with the input of any interested person, make
educational decisions for the child.
All educational and school placement decisions shall seek to
ensure that the child is in the least restrictive educational
programs and has access to the academic resources, services, and
extracurricular and enrichment activities that are available to all
pupils. In all instances, educational and school placement decisions
shall be based on the best interests of the child.
(b) Subdivision (a) does not limit the ability of a
parent to voluntarily relinquish his or her child to the State
Department of Social Services or to a licensed county adoption agency
at any time while the child is a dependent child of the juvenile
court, if the department or agency is willing to accept the
relinquishment.
(c) A dependent child may not be taken from the physical custody
of his or her parents or guardian or guardians with whom the child
resides at the time the petition was initiated, unless the juvenile
court finds clear and convincing evidence of any of the following:
(1) There is or would be a substantial danger to the
physical health, safety, protection, or physical or emotional
well-being of the minor or would be if the minor
were returned home, and there are no reasonable means by which the
minor's physical health can be protected without removing the minor
from the minor's parents' or guardians' physical custody. The fact
that a minor has been adjudicated a dependent child of the court
pursuant to subdivision (e) of Section 300 shall constitute prima
facie evidence that the minor cannot be safely left in the custody of
the parent or guardian with whom the minor resided at the time of
injury. The court shall consider, as a reasonable means to protect
the minor, the option of removing an offending parent or guardian
from the home. The court shall also consider, as a reasonable means
to protect the minor, allowing a nonoffending parent or guardian to
retain custody as long as that parent or guardian presents a plan
acceptable to the court demonstrating that he or she will be able to
protect the child from future harm.
(2) The parent or guardian of the minor is unwilling to have
physical custody of the minor, and the parent or guardian has been
notified that if the minor remains out of their physical custody for
the period specified in Section 366.26, the minor may be declared
permanently free from their custody and control.
(3) The minor is suffering severe emotional damage, as indicated
by extreme anxiety, depression, withdrawal, or untoward aggressive
behavior toward himself or herself or others, and there are no
reasonable means by which the minor's emotional health may be
protected without removing the minor from the physical custody of his
or her parent or guardian.
(4) The minor or a sibling of the minor has been sexually abused,
or is deemed to be at substantial risk of being sexually abused, by a
parent, guardian, or member of his or her household, or other person
known to his or her parent, and there are no reasonable means by
which the minor can be protected from further sexual abuse or a
substantial risk of sexual abuse without removing the minor from his
or her parent or guardian, or the minor does not wish to return to
his or her parent or guardian.
(5) The minor has been left without any provision for his or her
support, or a parent who has been incarcerated or institutionalized
cannot arrange for the care of the minor, or a relative or other
adult custodian with whom the child has been left by the parent is
unwilling or unable to provide care or support for the child and the
whereabouts of the parent is unknown and reasonable efforts to locate
him or her have been unsuccessful.
(d) The court shall make a determination as to whether reasonable
efforts were made to prevent or to eliminate the need for removal of
the minor from his or her home or, if the minor is removed for one of
the reasons stated in paragraph (5) of subdivision (c), whether it
was reasonable under the circumstances not to make any of those
efforts. The court shall state the facts on which the decision to
remove the minor is based.
(e) The court shall make all of the findings required by
subdivision (a) of Section 366 in either of the following
circumstances:
(1) The minor has been taken from the custody of his or her parent
or guardian and has been living in an out-of-home placement pursuant
to Section 319.
(2) The minor has been living in a voluntary out-of-home placement
pursuant to Section 16507.4.
SEC. 7. Section 391 of the Welfare and
Institutions Code is amended to read:
391. At any hearing to terminate jurisdiction over a dependent
child who has reached the age of majority the county welfare
department shall do both of the following:
(a) Ensure that the child is present in court, unless the child
does not wish to appear in court, or document efforts by the county
welfare department to locate the child when the child is not
available.
(b) Submit a report verifying that the following information,
documents, and services have been provided to the child:
(1) Written information concerning the child's dependency case,
including his or her family history and placement history, the
whereabouts of any siblings under the jurisdiction of the juvenile
court, unless the court determines that sibling contact would
jeopardize the safety or welfare of the sibling, directions on how to
access the documents the child is entitled to inspect under Section
827, and the date on which the jurisdiction of the juvenile court
would be terminated.
(2) The following documents, where applicable: social security
card, certified birth certificate, health and education summary
as described in subdivision (a) of Section 16010,
identification card, as described in Section 13000 of the Vehicle
Code, death certificate of parent or parents, and proof of
citizenship or residence.
(3) Assistance in completing an application for Medi-Cal or
assistance in obtaining other health insurance; referral to
transitional housing, if available, or assistance in securing other
housing; and assistance in obtaining employment or other financial
support.
(4) Assistance in applying for admission to college or to a
vocational training program or other educational institution and in
obtaining financial aid, where appropriate.
(5) Assistance in maintaining relationships with individuals who
are important to a child who has been in out-of-home placement in a
group home for six months or longer from the date the child entered
foster care, based on the child's best interests.
(c) The court may continue jurisdiction if it finds that the
county welfare department has not met the requirements of subdivision
(b) and that termination of jurisdiction would be harmful to the
best interests of the child. If the court determines that continued
jurisdiction is warranted pursuant to this section, the continuation
shall only be ordered for that period of time necessary for the
county welfare department to meet the requirements of subdivision
(b). This section shall not be construed to limit the discretion of
the juvenile court to continue jurisdiction for other reasons. The
court may terminate jurisdiction if the county welfare department has
offered the required services, and the child either has refused the
services or, after reasonable efforts by the county welfare
department, cannot be located.
(d) The Judicial Council shall develop and implement standards,
and develop and adopt appropriate forms, necessary to implement this
section.
SEC. 8.
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.