BILL NUMBER: SB 500 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 16, 2005
AMENDED IN SENATE APRIL 4, 2005
INTRODUCED BY Senator Kuehl
( Principal coauthor: Assembly Member
Evans )
FEBRUARY 18, 2005
An act to amend Section 1502 of the Health and Safety Code, and to
amend Sections 300, 3 62.1, 11400, and 11401
of, and to add Section Sections 11463.7 and
16501.25 to, of the Welfare and Institutions
Code, relating to foster care, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 500, as amended, Kuehl. AFDC-FC: pregnant and parenting foster
youth.
Under existing law, a child may come within the jurisdiction of
the juvenile court and become a dependent child of the court, in,
among others, cases of abuse or neglect, or failure of a parent or
guardian to adequately supervise or protect the child. Existing law
declares that a parent's or guardian's physical disability is only
relevant to a court's determination to the extent that the parent's
disability prevents him or her from exercising care or control.
This bill would additionally declare that a child whose parent has
been adjudged a dependent child of the court shall not be considered
to be at risk of abuse or neglect solely because of the age,
dependent status, or foster care status of the parent.
Existing law provides that any order placing a child in foster
care, and ordering reunification services, shall provide for
visitation between the parent or guardian and any siblings and child,
with certain exceptions.
This bill would provide, if the child is a teen parent who has
custody of his or her child and that child is not a dependent of the
court, for visitation among the teen parent, the child's noncustodial
parent, and appropriate family members unless the court finds by
clear and convincing evidence that visitation would be detrimental to
the teen parent.
Existing law, the California Community Care Facilities Act,
regulates the licensure and operation of community care facilities,
which include facilities that provide residential care for foster
children. Violation of the provisions regulating community care
facilities is a crime.
This bill would include a whole family foster home within the
definition of a community care facility. The bill would define a
whole family foster home as a family home or certified family home
that provides foster care to a minor parent and his or her child, and
that is recruited and trained to assist the minor parent in
developing necessary parenting skills. By expanding the scope of an
existing crime, this bill would impose a state-mandated local
program.
This bill would require a shared responsibility plan to be
developed for the care of the child of a teen parent when the teen
parent is under the jurisdiction of the dependency court and living
in an out-of-home placement in a whole family foster home. The bill
would set forth the areas to be covered by the plan, including
feeding, clothing, transportation, and child care responsibilities.
Existing law establishes the Aid to Families with Dependent
Children-Foster Care (AFDC-FC) program, under which counties provide
payments to foster care providers on behalf of qualified children in
foster care. The program is funded by a combination of federal,
state, and county funds, with moneys from the General Fund being
continuously appropriated to pay for the state's share of AFDC-FC
costs.
Under existing law, federal financial participation is available
for certain children who have been adjudged dependent children or
wards of the court, or who have been detained under a court order.
This bill would additionally authorize federal financial
participation for a dependent child of the court whose parent is also
a dependent child of the court who is receiving AFDC-FC benefits, if
the parent and child are placed in the same foster care facility and
are receiving reunification services, and the child is determined to
be eligible for federal financial participation. The bill would
require the State Department of Social Services, with the advice,
assistance, and cooperation of the counties and foster care
providers, to develop, implement, and maintain a ratesetting system
under the AFDC-FC program for whole family foster homes certified by
foster family agencies. By creating a new category for AFDC-FC
eligibility, and thereby increasing county administration duties for
the AFDC-FC program, by expanding AFDC-FC eligibility the bill would
impose a state-mandated local program.
Because General Fund moneys are continuously appropriated for
purposes of the AFDC-FC program, by expanding AFDC-FC eligibility,
the bill would constitute an appropriation.
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.
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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1502 of the Health and Safety Code is amended
to read:
1502.
As used in this chapter:
(a) "Community care facility" means any facility, place, or
building that is maintained and operated to provide nonmedical
residential care, day treatment, adult day care, or foster family
agency services for children, adults, or children and adults,
including, but not limited to, the physically handicapped, mentally
impaired, incompetent persons, and abused or neglected children, and
includes the following:
(1) "Residential facility" means any family home, group care
facility, or similar facility determined by the director, for 24-hour
nonmedical care of persons in need of personal services,
supervision, or assistance essential for sustaining the activities of
daily living or for the protection of the individual.
(2) "Adult day program" means any community-based facility or
program that provides care to persons 18 years of age or older in
need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
these individuals on less than a 24-hour basis.
(3) "Therapeutic day services facility" means any facility that
provides nonmedical care, counseling, educational or vocational
support, or social rehabilitation services on less than a 24-hour
basis to persons under 18 years of age who would otherwise be placed
in foster care or who are returning to families from foster care.
Program standards for these facilities shall be developed by the
department, pursuant to Section 1530, in consultation with
therapeutic day services and foster care providers.
(4) "Foster family agency" means any organization engaged in the
recruiting, certifying, and training of, and providing professional
support to, foster parents, or in finding homes or other places for
placement of children for temporary or permanent care who require
that level of care as an alternative to a group home. Private foster
family agencies shall be organized and operated on a nonprofit basis.
(5) "Foster family home" means any residential facility providing
24-hour care for six or fewer foster children that is owned, leased,
or rented and is the residence of the foster parent or parents,
including their family, in whose care the foster children have been
placed. The placement may be by a public or private child placement
agency or by a court order, or by voluntary placement by a parent,
parents, or guardian. It also means a foster family home described in
Section 1505.2.
(6) "Small family home" means any residential facility, in the
licensee's family residence, that provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities. A small family home may accept
children with special health care needs, pursuant to subdivision (a)
of Section 17710 of the Welfare and Institutions Code. In addition to
placing children with special health care needs, the department may
approve placement of children without special health care needs, up
to the licensed capacity.
(7) "Social rehabilitation facility" means any residential
facility that provides social rehabilitation services for no longer
than 18 months in a group setting to adults recovering from mental
illness who temporarily need assistance, guidance, or counseling.
Program components shall be subject to program standards pursuant to
Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of
Division 5 of the Welfare and Institutions Code.
(8) "Community treatment facility" means any residential facility
that provides mental health treatment services to children in a group
setting and that has the capacity to provide secure containment.
Program components shall be subject to program standards developed
and enforced by the State Department of Mental Health pursuant to
Section 4094 of the Welfare and Institutions Code.
Nothing in this section shall be construed to prohibit or
discourage placement of persons who have mental or physical
disabilities into any category of community care facility that meets
the needs of the individual placed, if the placement is consistent
with the licensing regulations of the department.
(9) "Full-service adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(A) Assumes care, custody, and control of a child through
relinquishment of the child to the agency or involuntary termination
of parental rights to the child.
(B) Assesses the birth parents, prospective adoptive parents, or
child.
(C) Places children for adoption.
(D) Supervises adoptive placements.
Private full-service adoption agencies shall be organized and
operated on a nonprofit basis.
(10) "Noncustodial adoption agency" means any licensed entity
engaged in the business of providing adoption services, that does all
of the following:
(A) Assesses the prospective adoptive parents.
(B) Cooperatively matches children freed for adoption, who are
under the care, custody, and control of a licensed adoption agency,
for adoption, with assessed and approved adoptive applicants.
(C) Cooperatively supervises adoptive placements with a
full-service adoptive agency, but does not disrupt a placement or
remove a child from a placement.
Private noncustodial adoption agencies shall be organized and
operated on a nonprofit basis.
(11) "Transitional shelter care facility" means any group care
facility that provides for 24-hour nonmedical care of persons in need
of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of
the individual. Program components shall be subject to program
standards developed by the State Department of Social Services
pursuant to Section 1502.3.
(12) "Transitional housing placement facility" means a community
care facility licensed by the department pursuant to Section 1559.110
to provide transitional housing opportunities to persons at least 17
years of age, and not more than 18 years of age unless the
requirements of Section 11403 of the Welfare and Institutions Code
are met, who are in out-of-home placement under the supervision of
the county department of social services or the county probation
department, and who are participating in an independent living
program.
(13) "Whole family foster home" means a family home or certified
family home, as defined in Section 11400 of the Welfare and
Institutions Code, that provides foster care for a minor parent and
his or her child, and is specifically recruited and trained to assist
the minor parent in developing the skills necessary to provide a
safe, stable, and permanent home for his or her child. The child of
the minor parent need not be the subject of a petition filed pursuant
to Section 300 of the Welfare and Institutions Code to qualify for
placement in a whole family foster home.
(b) "Department" or "state department" means the State Department
of Social Services.
(c) "Director" means the Director of Social Services.
SEC. 2. Section 300 of the Welfare and Institutions Code, as
amended by Section 3 of Chapter 824 of the Statutes of 2000, is
amended to read:
300.
Any child who comes within any of the following descriptions is
within the jurisdiction of the juvenile court which may adjudge that
person to be a dependent child of the court:
(a) The child has suffered, or there is a substantial risk that
the child will suffer, serious physical harm inflicted
nonaccidentally upon the child by the child's parent or guardian. For
the purposes of this subdivision, a court may find there is a
substantial risk of serious future injury based on the manner in
which a less serious injury was inflicted, a history of repeated
inflictions of injuries on the child or the child's siblings, or a
combination of these and other actions by the parent or guardian
which indicate the child is at risk of serious physical harm. For
purposes of this subdivision, "serious physical harm" does not
include reasonable and age-appropriate spanking to the buttocks where
there is no evidence of serious physical injury.
(b) The child has suffered, or there is a substantial risk that
the child will suffer, serious physical harm or illness, as a result
of the failure or inability of his or her parent or guardian to
adequately supervise or protect the child, or the willful or
negligent failure of the child's parent or guardian to adequately
supervise or protect the child from the conduct of the custodian with
whom the child has been left, or by the willful or negligent failure
of the parent or guardian to provide the child with adequate food,
clothing, shelter, or medical treatment, or by the inability of the
parent or guardian to provide regular care for the child due to the
parent's or guardian's mental illness, developmental disability, or
substance abuse. No child shall be found to be a person described by
this subdivision solely due to the lack of an emergency shelter for
the family. Whenever it is alleged that a child comes within the
jurisdiction of the court on the basis of the parent's or guardian's
willful failure to provide adequate medical treatment or specific
decision to provide spiritual treatment through prayer, the court
shall give deference to the parent's or guardian's medical treatment,
nontreatment, or spiritual treatment through prayer alone in
accordance with the tenets and practices of a recognized church or
religious denomination, by an accredited practitioner thereof, and
shall not assume jurisdiction unless necessary to protect the child
from suffering serious physical harm or illness. In making its
determination, the court shall consider (1) the nature of the
treatment proposed by the parent or guardian, (2) the risks to the
child posed by the course of treatment or nontreatment proposed by
the parent or guardian, (3) the risk, if any, of the course of
treatment being proposed by the petitioning agency, and (4) the
likely success of the courses of treatment or nontreatment proposed
by the parent or guardian and agency. The child shall continue to be
a dependent child pursuant to this subdivision only so long as is
necessary to protect the child from risk of suffering serious
physical harm or illness.
(c) The child is suffering serious emotional damage, or is at
substantial risk of suffering serious emotional damage, evidenced by
severe anxiety, depression, withdrawal, or untoward aggressive
behavior toward self or others, as a result of the conduct of the
parent or guardian or who has no parent or guardian capable of
providing appropriate care. No child shall be found to be a person
described by this subdivision if the willful failure of the parent or
guardian to provide adequate mental health treatment is based on a
sincerely held religious belief and if a less intrusive judicial
intervention is available.
(d) The child has been sexually abused, or there is a substantial
risk that the child will be sexually abused, as defined in Section
11165.1 of the Penal Code, by his or her parent or guardian or a
member of his or her household, or the parent or guardian has failed
to adequately protect the child from sexual abuse when the parent or
guardian knew or reasonably should have known that the child was in
danger of sexual abuse.
(e) The child is under the age of five and has suffered severe
physical abuse by a parent, or by any person known by the parent, if
the parent knew or reasonably should have known that the person was
physically abusing the child. For the purposes of this subdivision,
"severe physical abuse" means any of the following: any single act of
abuse which causes physical trauma of sufficient severity that, if
left untreated, would cause permanent physical disfigurement,
permanent physical disability, or death; any single act of sexual
abuse which causes significant bleeding, deep bruising, or
significant external or internal swelling; or more than one act of
physical abuse, each of which causes bleeding, deep bruising,
significant external or internal swelling, bone fracture, or
unconsciousness; or the willful, prolonged failure to provide
adequate food. A child may not be removed from the physical custody
of his or her parent or guardian on the basis of a finding of severe
physical abuse unless the social worker has made an allegation of
severe physical abuse pursuant to Section 332.
(f) The child's parent or guardian caused the death of another
child through abuse or neglect.
(g) The child has been left without any provision for support;
physical custody of the child has been voluntarily surrendered
pursuant to Section 1255.7 of the Health and Safety Code and the
child has not been reclaimed within the 14-day period specified in
subdivision (e) of that section; the child's parent has been
incarcerated or institutionalized and cannot arrange for the care of
the child; or a relative or other adult custodian with whom the child
resides or has been left is unwilling or unable to provide care or
support for the child, the whereabouts of the parent are unknown, and
reasonable efforts to locate the parent have been unsuccessful.
(h) The child has been freed for adoption by one or both parents
for 12 months by either relinquishment or termination of parental
rights or an adoption petition has not been granted.
(i) The child has been subjected to an act or acts of cruelty by
the parent or guardian or a member of his or her household, or the
parent or guardian has failed to adequately protect the child from an
act or acts of cruelty when the parent or guardian knew or
reasonably should have known that the child was in danger of being
subjected to an act or acts of cruelty.
(j) The child's sibling has been abused or neglected, as defined
in subdivision (a), (b), (d), (e), or (i), and there is a substantial
risk that the child will be abused or neglected, as defined in those
subdivisions. The court shall consider the circumstances surrounding
the abuse or neglect of the sibling, the age and gender of each
child, the nature of the abuse or neglect of the sibling, the mental
condition of the parent or guardian, and any other factors the court
considers probative in determining whether there is a substantial
risk to the child.
It is the intent of the Legislature that nothing in this section
disrupt the family unnecessarily or intrude inappropriately into
family life, prohibit the use of reasonable methods of parental
discipline, or prescribe a particular method of parenting. Further,
nothing in this section is intended to limit the offering of
voluntary services to those families in need of assistance but who do
not come within the descriptions of this section. To the extent that
savings accrue to the state from child welfare services funding
obtained as a result of the enactment of the act that enacted this
section, those savings shall be used to promote services which
support family maintenance and family reunification plans, such as
client transportation, out-of-home respite care, parenting training,
and the provision of temporary or emergency in-home caretakers and
persons teaching and demonstrating homemaking skills. The Legislature
further declares that a physical disability, such as blindness or
deafness, is no bar to the raising of happy and well-adjusted
children and that a court's determination pursuant to this section
shall center upon whether a parent's disability prevents him or her
from exercising care and control. The Legislature further declares
that a child whose parent has been adjudged a dependent child of the
court pursuant to this section shall not be considered to be at risk
of abuse or neglect solely because of the age, dependent status, or
foster care status of the parent.
As used in this section "guardian" means the legal guardian of the
child.
(k) This section shall be repealed on January 1, 2006, unless a
later enacted statute extends or deletes that date.
SEC. 3. Section 300 of the Welfare and Institutions Code, as added
by Section 3.5 of Chapter 824 of the Statutes of 2000, is amended to
read:
300.
Any child who comes within any of the following descriptions is
within the jurisdiction of the juvenile court which may adjudge that
person to be a dependent child of the court:
(a) The child has suffered, or there is a substantial risk that
the child will suffer, serious physical harm inflicted
nonaccidentally upon the child by the child's parent or guardian. For
the purposes of this subdivision, a court may find there is a
substantial risk of serious future injury based on the manner in
which a less serious injury was inflicted, a history of repeated
inflictions of injuries on the child or the child's siblings, or a
combination of these and other actions by the parent or guardian
which indicate the child is at risk of serious physical harm. For
purposes of this subdivision, "serious physical harm" does not
include reasonable and age-appropriate spanking to the buttocks where
there is no evidence of serious physical injury.
(b) The child has suffered, or there is a substantial risk that
the child will suffer, serious physical harm or illness, as a result
of the failure or inability of his or her parent or guardian to
adequately supervise or protect the child, or the willful or
negligent failure of the child's parent or guardian to adequately
supervise or protect the child from the conduct of the custodian with
whom the child has been left, or by the willful or negligent failure
of the parent or guardian to provide the child with adequate food,
clothing, shelter, or medical treatment, or by the inability of the
parent or guardian to provide regular care for the child due to the
parent's or guardian's mental illness, developmental disability, or
substance abuse. No child shall be found to be a person described by
this subdivision solely due to the lack of an emergency shelter for
the family. Whenever it is alleged that a child comes within the
jurisdiction of the court on the basis of the parent's or guardian's
willful failure to provide adequate medical treatment or specific
decision to provide spiritual treatment through prayer, the court
shall give deference to the parent's or guardian's medical treatment,
nontreatment, or spiritual treatment through prayer alone in
accordance with the tenets and practices of a recognized church or
religious denomination, by an accredited practitioner thereof, and
shall not assume jurisdiction unless necessary to protect the child
from suffering serious physical harm or illness. In making its
determination, the court shall consider (1) the nature of the
treatment proposed by the parent or guardian, (2) the risks to the
child posed by the course of treatment or nontreatment proposed by
the parent or guardian, (3) the risk, if any, of the course of
treatment being proposed by the petitioning agency, and (4) the
likely success of the courses of treatment or nontreatment proposed
by the parent or guardian and agency. The child shall continue to be
a dependent child pursuant to this subdivision only so long as is
necessary to protect the child from risk of suffering serious
physical harm or illness.
(c) The child is suffering serious emotional damage, or is at
substantial risk of suffering serious emotional damage, evidenced by
severe anxiety, depression, withdrawal, or untoward aggressive
behavior toward self or others, as a result of the conduct of the
parent or guardian or who has no parent or guardian capable of
providing appropriate care. No child shall be found to be a person
described by this subdivision if the willful failure of the parent or
guardian to provide adequate mental health treatment is based on a
sincerely held religious belief and if a less intrusive judicial
intervention is available.
(d) The child has been sexually abused, or there is a substantial
risk that the child will be sexually abused, as defined in Section
11165.1 of the Penal Code, by his or her parent or guardian or a
member of his or her household, or the parent or guardian has failed
to adequately protect the child from sexual abuse when the parent or
guardian knew or reasonably should have known that the child was in
danger of sexual abuse.
(e) The child is under the age of five and has suffered severe
physical abuse by a parent, or by any person known by the parent, if
the parent knew or reasonably should have known that the person was
physically abusing the child. For the purposes of this subdivision,
"severe physical abuse" means any of the following: any single act of
abuse which causes physical trauma of sufficient severity that, if
left untreated, would cause permanent physical disfigurement,
permanent physical disability, or death; any single act of sexual
abuse which causes significant bleeding, deep bruising, or
significant external or internal swelling; or more than one act of
physical abuse, each of which causes bleeding, deep bruising,
significant external or internal swelling, bone fracture, or
unconsciousness; or the willful, prolonged failure to provide
adequate food. A child may not be removed from the physical custody
of his or her parent or guardian on the basis of a finding of severe
physical abuse unless the social worker has made an allegation of
severe physical abuse pursuant to Section 332.
(f) The child's parent or guardian caused the death of another
child through abuse or neglect.
(g) The child has been left without any provision for support; the
child's parent has been incarcerated or institutionalized and cannot
arrange for the care of the child; or a relative or other adult
custodian with whom the child resides or has been left is unwilling
or unable to provide care or support for the child, the whereabouts
of the parent are unknown, and reasonable efforts to locate the
parent have been unsuccessful.
(h) The child has been freed for adoption by one or both parents
for 12 months by either relinquishment or termination of parental
rights or an adoption petition has not been granted.
(i) The child has been subjected to an act or acts of cruelty by
the parent or guardian or a member of his or her household, or the
parent or guardian has failed to adequately protect the child from an
act or acts of cruelty when the parent or guardian knew or
reasonably should have known that the child was in danger of being
subjected to an act or acts of cruelty.
(j) The child's sibling has been abused or neglected, as defined
in subdivision (a), (b), (d), (e), or (i), and there is a substantial
risk that the child will be abused or neglected, as defined in those
subdivisions. The court shall consider the circumstances surrounding
the abuse or neglect of the sibling, the age and gender of each
child, the nature of the abuse or neglect of the sibling, the mental
condition of the parent or guardian, and any other factors the court
considers probative in determining whether there is a substantial
risk to the child.
It is the intent of the Legislature that nothing in this section
disrupt the family unnecessarily or intrude inappropriately into
family life, prohibit the use of reasonable methods of parental
discipline, or prescribe a particular method of parenting. Further,
nothing in this section is intended to limit the offering of
voluntary services to those families in need of assistance but who do
not come within the descriptions of this section. To the extent that
savings accrue to the state from child welfare services funding
obtained as a result of the enactment of the act that enacted this
section, those savings shall be used to promote services which
support family maintenance and family reunification plans, such as
client transportation, out-of-home respite care, parenting training,
and the provision of temporary or emergency in-home caretakers and
persons teaching and demonstrating homemaking skills. The Legislature
further declares that a physical disability, such as blindness or
deafness, is no bar to the raising of happy and well-adjusted
children and that a court's determination pursuant to this section
shall center upon whether a parent's disability prevents him or her
from exercising care and control. The Legislature further declares
that a child whose parent has been adjudged a dependent child of the
court pursuant to this section shall not be considered to be at risk
of abuse or neglect solely because of the age, dependent status, or
foster care status of the parent.
As used in this section, "guardian" means the legal guardian of
the child.
SEC. 4. 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.
(3) If the child is a teen parent who has custody of his or her
child and that child is not a dependent of the court pursuant to this
chapter, for visitation among the teen parent, the child's
noncustodial parent, and appropriate family members, unless the court
finds by clear and convincing evidence that visitation would be
detrimental to the teen parent.
(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.
SEC. 5. Section 11400 of the Welfare and Institutions Code,
as amended by Section 6 of Chapter 664 of the Statutes of 2004, is
amended to read:
11400.
For the purposes of this article, the following definitions shall
apply:
(a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)"
means the aid provided on behalf of needy children in foster care
under the terms of this division.
(b) "Case plan" means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet the
child's needs. It shall also include the agency's plan for ensuring
that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child's family, and the foster parents, in
order to meet the child's needs while in foster care, and to reunify
the child with the child's family. In addition, the plan shall
specify the services that will be provided or steps that will be
taken to facilitate an alternate permanent plan if reunification is
not possible.
(c) "Certified family home" means a family residence certified by
a licensed foster family agency and issued a certificate of approval
by that agency as meeting licensing standards, and used only by that
foster family agency for placements.
(d) "Family home" means the family residency of a licensee in
which 24-hour care and supervision are provided for children.
(e) "Small family home" means any residential facility, in the
licensee's family residence, which provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities.
(f) "Foster care" means the 24-hour out-of-home care provided to
children whose own families are unable or unwilling to care for them,
and who are in need of temporary or long-term substitute parenting.
(g) "Foster family agency" means any individual or organization
engaged in the recruiting, certifying, and training of, and providing
professional support to, foster parents, or in finding homes or
other places for placement of children for temporary or permanent
care who require that level of care as an alternative to a group
home. Private foster family agencies shall be organized and operated
on a nonprofit basis.
(h) "Group home" means a nondetention privately operated
residential home, organized and operated on a nonprofit basis only,
of any capacity, that provides services in a group setting to
children in need of care and supervision, as required by paragraph
(1) of subdivision (a) of Section 1502 of the Health and Safety Code.
(i) "Periodic review" means review of a child's status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child's return home
or establishment of alternative permanent placement.
(j) "Permanency planning hearing" means a hearing conducted by the
juvenile court in which the child's future status, including whether
the child shall be returned home or another permanent plan shall be
developed, is determined.
(k) "Placement and care" refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken
responsibility, pursuant to a relinquishment or termination of
parental rights on a child, (3) taken the responsibility of
supervising a child detained by the juvenile court pursuant to
Section 319 or 636, or (4) signed a voluntary placement agreement for
the child's placement; or to the responsibility designated to an
individual by virtue of his or her being appointed the child's legal
guardian.
(l) "Preplacement preventive services" means services that are
designed to help children remain with their families by preventing or
eliminating the need for removal.
(m) "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.
(n) "Nonrelative extended family member" means an adult caregiver
who has an established familial or mentoring relationship with the
child, as described in Section 362.7.
(o) "Voluntary placement" means an out-of-home placement of a
child by (1) the county welfare department after the parents or
guardians have requested the assistance of the county welfare
department and have signed a voluntary placement agreement; or (2)
the county welfare department licensed public or private adoption
agency, or the department acting as an adoption agency, after the
parents have requested the assistance of either the county welfare
department, the licensed public or private adoption agency, or the
department acting as an adoption agency for the purpose of adoption
planning, and have signed a voluntary placement agreement.
(p) "Voluntary placement agreement" means a written agreement
between either the county welfare department, a licensed public or
private adoption agency, or the department acting as an adoption
agency, and the parents or guardians of a child that specifies, at a
minimum, the following:
(1) The legal status of the child.
(2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.
(q) "Original placement date" means the most recent date on which
the court detained a child and ordered an agency to be responsible
for supervising the child or the date on which an agency assumed
responsibility for a child due to termination of parental rights,
relinquishment, or voluntary placement.
(r) "Transitional housing placement facility" means either of the
following:
(1) A community care facility licensed by the State Department of
Social Services pursuant to Section 1559.110 of the Health and Safety
Code to provide transitional housing opportunities to persons at
least 16 years of age, and not more than 18 years of age unless they
satisfy the requirements of Section 11403, who are in out-of-home
placement under the supervision of the county department of social
services or the county probation department, and who are
participating in an independent living program.
(2) A facility certified to provide transitional housing services
pursuant to subdivision (e) of Section 1559.110 of the Health and
Safety Code.
(s) "Transitional housing placement program" means a program that
provides supervised housing opportunities to eligible youth pursuant
to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4.
(t) "Crisis nursery" means a facility licensed to provide
short-term, 24-hour nonmedical residential care and supervision for
children under six years of age who are either voluntarily placed for
temporary care by a parent or legal guardian due to a family crisis
or stressful situation for no more than 30 days or, except as
provided in subdivision (e) of Section 1516 of the Health and Safety
Code, who are temporarily placed by a county child welfare service
agency for no more than 14 days.
(u) "Whole family foster home" means a family home or certified
family home that provides foster care for a minor parent and his or
her child, and is specifically recruited and trained to assist the
minor parent in developing the skills necessary to provide a safe,
stable, and permanent home for his or her child. The child of the
minor parent need not be the subject of a petition filed pursuant to
Section 300 to qualify for placement in a whole family foster home.
(v) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
SEC. 5.
SEC. 6. Section 11400 of the Welfare and Institutions Code,
as added by Section 7 of Chapter 664 of the Statutes of 2004, is
amended to read:
11400.
For the purposes of this article, the following definitions shall
apply:
(a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)"
means the aid provided on behalf of needy children in foster care
under the terms of this division.
(b) "Case plan" means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet the
child's needs. It shall also include the agency's plan for ensuring
that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child's family, and the foster parents, in
order to meet the child's needs while in foster care, and to reunify
the child with the child's family. In addition, the plan shall
specify the services that will be provided or steps that will be
taken to facilitate an alternate permanent plan if reunification is
not possible.
(c) "Certified family home" means a family residence certified by
a licensed foster family agency and issued a certificate of approval
by that agency as meeting licensing standards, and used only by that
foster family agency for placements.
(d) "Family home" means the family residency of a licensee in
which 24-hour care and supervision are provided for children.
(e) "Small family home" means any residential facility, in the
licensee's family residence, which provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities.
(f) "Foster care" means the 24-hour out-of-home care provided to
children whose own families are unable or unwilling to care for them,
and who are in need of temporary or long-term substitute parenting.
(g) "Foster family agency" means any individual or organization
engaged in the recruiting, certifying, and training of, and providing
professional support to, foster parents, or in finding homes or
other places for placement of children for temporary or permanent
care who require that level of care as an alternative to a group
home. Private foster family agencies shall be organized and operated
on a nonprofit basis.
(h) "Group home" means a nondetention privately operated
residential home, organized and operated on a nonprofit basis only,
of any capacity, that provides services in a group setting to
children in need of care and supervision, as required by paragraph
(1) of subdivision (a) of Section 1502 of the Health and Safety Code.
(i) "Periodic review" means review of a child's status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child's return home
or establishment of alternative permanent placement.
(j) "Permanency planning hearing" means a hearing conducted by the
juvenile court in which the child's future status, including whether
the child shall be returned home or another permanent plan shall be
developed, is determined.
(k) "Placement and care" refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken
responsibility, pursuant to a relinquishment or termination of
parental rights on a child, (3) taken the responsibility of
supervising a child detained by the juvenile court pursuant to
Section 319 or 636, or (4) signed a voluntary placement agreement for
the child's placement; or to the responsibility designated to an
individual by virtue of his or her being appointed the child's legal
guardian.
(l) "Preplacement preventive services" means services that are
designed to help children remain with their families by preventing or
eliminating the need for removal.
(m) "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.
(n) "Nonrelative extended family member" means an adult caregiver
who has an established familial or mentoring relationship with the
child, as described in Section 362.7.
(o) "Voluntary placement" means an out-of-home placement of a
child by (1) the county welfare department after the parents or
guardians have requested the assistance of the county welfare
department and have signed a voluntary placement agreement; or (2)
the county welfare department licensed public or private adoption
agency, or the department acting as an adoption agency, after the
parents have requested the assistance of either the county welfare
department, the licensed public or private adoption agency, or the
department acting as an adoption agency for the purpose of adoption
planning, and have signed a voluntary placement agreement.
(p) "Voluntary placement agreement" means a written agreement
between either the county welfare department, a licensed public or
private adoption agency, or the department acting as an adoption
agency, and the parents or guardians of a child that specifies, at a
minimum, the following:
(1) The legal status of the child.
(2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.
(q) "Original placement date" means the most recent date on which
the court detained a child and ordered an agency to be responsible
for supervising the child or the date on which an agency assumed
responsibility for a child due to termination of parental rights,
relinquishment, or voluntary placement.
(r) "Transitional housing placement facility" means either of the
following:
(1) A community care facility licensed by the State Department of
Social Services pursuant to Section 1559.110 of the Health and Safety
Code to provide transitional housing opportunities to persons at
least 16 years of age, and not more than 18 years of age unless they
satisfy the requirements of Section 11403, who are in out-of-home
placement under the supervision of the county department of social
services or the county probation department, and who are
participating in an independent living program.
(2) A facility certified to provide transitional housing services
pursuant to subdivision (e) of Section 1559.110 of the Health and
Safety Code.
(s) "Transitional housing placement program" means a program that
provides supervised housing opportunities to eligible youth pursuant
to Article 4 (commencing with Section 16522) of Chapter 5 of Part 4.
(t) "Whole family foster home" means a family home or certified
family home that provides foster care for a minor parent and his or
her child, and is specifically recruited and trained to assist the
minor parent in developing the skills necessary to provide a safe,
stable, and permanent home for his or her child. The child of the
minor parent need not be the subject of a petition filed pursuant to
Section 300 to qualify for placement in a whole family foster home.
(u) This section shall become operative on January 1, 2008.
SEC. 6.
SEC. 7. Section 11401 of the Welfare and Institutions Code
is amended to read:
11401.
Aid in the form of AFDC-FC shall be provided under this chapter on
behalf of any child under the age of 18 years, except as provided in
Section 11403, who meets the conditions of subdivision (a), (b),
(c), (d), (e), (f), or (g):
(a) The child has been relinquished, for purposes of adoption, to
a licensed adoption agency, or the department, or the parental rights
of either or both of his or her parents have been terminated after
an action under the Family Code has been brought by a licensed
adoption agency or the department, provided that the licensed
adoption agency or the department, if responsible for placement and
care, provides to those children all services as required by the
department to children in foster care.
(b) The child has been removed from the physical custody of his or
her parent, relative, or guardian as a result of a voluntary
placement agreement or a judicial determination that continuance in
the home would be contrary to the child's welfare and that, if the
child was placed in foster care, reasonable efforts were made,
consistent with Chapter 5 (commencing with Section 16500) of Part 4,
to prevent or eliminate the need for removal of the child from his or
her home and to make it possible for the child to return to his or
her home, and any of the following applies:
(1) The child has been adjudged a dependent child of the court on
the grounds that he or she is a person described by Section 300.
(2) The child has been adjudged a ward of the court on the grounds
that he or she is a person described by Sections 601 and 602.
(3) The child has been detained under a court order, pursuant to
Section 319 or 636, that remains in effect.
(4) The child's dependency jurisdiction has resumed pursuant to
Section 387.
(c) The child has been voluntarily placed by his or her parent or
guardian pursuant to Section 11401.1.
(d) The child is living in the home of a nonrelated legal
guardian.
(e) The child has been placed in foster care under the federal
Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not
be construed as limiting payments to Indian children, as defined in
the federal Indian Child Welfare Act, placed in accordance with that
act.
(f) To be eligible for federal financial participation, either of
the following conditions shall be satisfied:
(1) (A) The child meets the conditions of subdivision (b).
(B) The child has been deprived of parental support or care for
any of the reasons set forth in Section 11250.
(C) The child has been removed from the home of a relative as
defined in Section 233.90(c)(1) of Title 45 of the Code of Federal
Regulations, as amended.
(D) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
(2) (A) The child meets the requirements of subdivision (g).
(B) The requirements of Sections 671 and 672 of Title 42 of the
United States Code, as amended, have been met.
(g) The child meets all of the following conditions:
(1) The child has been adjudged to be a ward of the court on the
ground that he or she is a person described in Section 300.
(2) The child's parent also has been adjudged to be a dependent
child of the court on the ground that he or she is a person described
by Section 300 and is receiving benefits under this chapter.
(3) The child is placed in the same licensed or approved foster
care facility in which his or her parent is placed and the child's
parent is receiving reunification services with respect to that
child.
SEC. 8. Section 11463.7 is added to the
Welfare and Institutions Code , to read:
11463.7.
(a) The department, with the advice, assistance, and cooperation
of the counties and foster care providers, shall develop, implement,
and maintain a ratesetting system for whole family foster homes
certified by foster family agencies.
(b) The ratesetting system for whole family foster homes shall be
based on the ratesetting system for foster family agencies
established pursuant to Section 11463, but shall take into account
the unique structure, purpose, and services provided by whole family
foster homes.
(c) The rates paid to whole family foster homes shall be adjusted
on the same percentage basis as the rates paid to other certified
foster family agency homes whenever adjustments are made pursuant to
subdivision (e) of Section 11463 or the annual Budget Act.
SEC. 7.
SEC. 9. Section 16501.25 is added to the Welfare and
Institutions Code, to read:
16501.25.
(a) For purposes of this section, "teen parent" means a child
under the jurisdiction of the dependency court, living in out-of-home
placement in a home that is licensed pursuant to paragraph (13) of
subdivision (a) of Section 1502 of the Health and Safety Code, who is
a parent.
(b) When the child of a teen parent is not subject to the
jurisdiction of the dependency court but is in the full or partial
physical custody of the teen parent, a written shared responsibility
plan shall be developed. The plan shall be developed with the teen
parent, any individuals identified by the teen parent, the other
parent of the child when appropriate, other extended family members,
the caregiver, and a representative of the agency providing direct
and immediate supervision to the caregiver.
(c) The plan shall be designed to preserve and strengthen the teen
parent family unit, as described in Section 16002.5, to assist the
teen parent in meeting the goals outlined in Section 16002.5, to
facilitate a supportive home environment for the teen parent and the
child and to ultimately enable the teen parent to independently
provide a safe, stable, and permanent home for the child. The plan
shall in no way limit the teen parent's legal right to make decisions
regarding the care, custody, and control of the child.
(d) The plan shall be written for the express purpose of aiding
the teen parent and the caregiver to reach agreements aimed at
reducing conflict and misunderstandings. The plan shall outline
with, , with as much
specificity as is practicable, the duties, rights, and
responsibilities of both the teen parent and the caregiver with
regard to the child , and identify supportive services to be
offered to the teen parent by the caregiver or the foster family
agency, or both . The plan shall be updated, as needed, to
account for the changing needs of infants and toddlers, and in
accordance with the teen parent's changing school, employment, or
other outside responsibilities.
(e) Areas to be addressed by the plan include, but are not limited
to, all of the following:
(1) Feeding.
(2) Clothing.
(3) Hygiene.
(4) Purchase of necessary items, including, but not limited to,
safety items, food, clothing, and developmentally appropriate toys
and books. This includes both one-time purchases and items needed on
an ongoing basis.
(5) Health care.
(6) Transportation to health care appointments and child care.
(7) Provision of child care and babysitting.
(8) Discipline.
(9) Sleeping arrangements.
(10) Visits among the child, his or her noncustodial parent, and
other appropriate family members, including the responsibilities of
the teen parent, the caregiver, and the foster family agency, as
appropriate, for facilitating the visitation. The shared
responsibility plan shall not conflict with the teen parent's case
plan and any visitation orders made by the court. If the teen parent'
s child also is a dependent of the juvenile court, the visitation
shall not conflict with the child's case plan and visitation orders
made by the court.
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.
SEC. 10.
No reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution for certain costs that
may be incurred by a local agency or school district because, in that
regard, this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this
act contains other 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.