BILL NUMBER: SB 726	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Florez

                        FEBRUARY 22, 2005

   An act to amend Section 361.4 of, and to add Sections 366.23 and
366.24 to, the Welfare and Institutions Code, relating to dependent
children.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 726, as introduced, Florez.   Dependent children.
   Existing law governs dependency proceedings in the juvenile court,
including status review hearings, reunification services, and
proceedings to determine whether to return of a child to his or her
parent or legal guardian, or to terminate parental rights. Existing
law requires, until January 1, 2010, social workers to visit the
homes of, and to conduct criminal records checks of all persons
living in the homes of, relatives and prospective guardians or other
persons who are not licensed or certified foster parents before
placing children in those homes.
   This bill would require social workers to visit the home of, and
conduct criminal records checks of all persons living in the home of,
a noncustodial parent prior to the placement of a child who has been
removed from the custody of the other parent in that home. The bill
would also require social workers to prepare, and the court to
consider, reports regarding the observations of foster parents, as
specified, prior to returning a child to the custody of a parent or
legal guardian. By imposing new duties on county employees, the bill
would impose a state-mandated local program.
   The bill would also require a court to require the social worker
to conduct a 2nd home visit, as specified. The bill would require a
court to order a parent or legal guardian to complete one or more
parenting classes after reunification with a child under 6 years of
age who had been placed in foster care.

  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: yes.
State-mandated local program: yes.


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


  SECTION 1.  Section 361.4 of the  Welfare and Institutions Code  is
amended to read:
   361.4.  (a) Prior to placing a child in the home of a 
noncustodial parent or   other  relative, or the home
of any prospective guardian or other person who is not a licensed or
certified foster parent, the county social worker shall visit the
home to ascertain the appropriateness of the placement.(b) Whenever a
child may be placed in the home of a  no   n  
custodial   parent or other  relative, or the home of
any prospective guardian or other person who is not a licensed or
certified foster parent, the court or county social worker placing
the child shall cause a state and federal level criminal records
check to be conducted by an appropriate governmental agency through
the California Law Enforcement Telecommunications System (CLETS)
pursuant to Section 16504.5. The criminal records check shall be
conducted with regard to all persons over the age of 18 years living
in the home, and on any other person over the age of 18 years, other
than professionals providing professional services to the child,
known to the placing entity who may have significant contact with the
child, including any person who has a familial or intimate
relationship with any person living in the home. A criminal records
check may be conducted pursuant to this section on any person over
the age of 14 years living in the home who the county social worker
believes may have a criminal record. Within five judicial days
following the criminal records check conducted through the California
Law Enforcement Telecommunications System, the social worker shall
ensure that a fingerprint clearance check of the relative and any
other person whose criminal record was obtained pursuant to this
subdivision is initiated through the Department of Justice to ensure
the accuracy of the criminal records check conducted through the
California Law Enforcement Telecommunications System and shall review
the results of any criminal records check to assess the safety of
the home. The Department of Justice shall forward fingerprint
requests for federal level criminal history information to the
Federal Bureau of Investigation pursuant to this section.
   (c) Whenever a child may be placed in the home of a 
noncustodial parent or other relative, or a prospective guardian
or other person who is not a licensed or certified foster parent,
the county social worker shall cause a check of the Child Abuse Index
pursuant to subdivision (a) of Section 11170 of the Penal Code to be
requested from the Department of Justice. The Child Abuse Index
check shall be conducted on all persons over the age of 18 years
living in the home.
   (d) (1) If the criminal records check indicates that the person
has no criminal record, the county social worker and court may
consider the home of the  noncustodial parent or other 
relative, prospective guardian, or other person who is not a licensed
or certified foster parent for placement of a child.
   (2) If the criminal records check indicates that the person has
been convicted of a crime that would preclude licensure under Section
1522 of the Health and Safety Code, the child may not be placed in
the home, unless a criminal records exemption has been granted by the
county, based on substantial and convincing evidence to support a
reasonable belief that the person with the criminal conviction is of
such good character as to justify the placement and not present a
risk of harm to the child pursuant to paragraph (3).
   (3) (A) A county may issue a criminal records exemption only if
that county has been granted permission by the Director of Social
Services to issue criminal records exemptions. The county may file a
request with the Director of Social Services seeking permission for
the county to establish a procedure to evaluate and grant appropriate
individual criminal records exemptions for persons described in
subdivision (b). The director shall grant or deny the county's
request within 14 days of receipt. The county shall evaluate
individual criminal records in accordance with the standards and
limitations set forth in paragraph (1) of subdivision (g) of Section
1522 of the Health and Safety Code, and in no event shall the county
place a child in the home of a person who is ineligible for an
exemption under that provision.
   (B) The department shall monitor county implementation of the
authority to grant an exemption under this paragraph to ensure that
the county evaluates individual criminal records and allows or
disallows placements according to the standards set forth in
paragraph (1) of subdivision (g) of Section 1522 of the Health and
Safety Code.
   (4) The department shall conduct an evaluation of the
implementation of paragraph (3) through random sampling of county
exemption decisions.
   (5) The State Department of Social Services shall not evaluate or
grant criminal record exemption requests for persons described in
subdivision (b), unless the exemption request is made by an Indian
tribe pursuant to subdivision (f).
   (6) If a county has not requested, or has not been granted,
permission by the State Department of Social Services to establish a
procedure to evaluate and grant criminal records exemptions, the
county may not place a child into the home of a person described in
subdivision (b) if any person residing in the home has been convicted
of a crime other than a minor traffic violation, except as provided
in subdivision (f).
   (e) Nothing in this section shall preclude a county from
conducting a criminal background check that the county is otherwise
authorized to conduct using fingerprints.
   (f) Upon request from an Indian tribe, the State Department of
Social Services shall evaluate an exemption request, if needed, to
allow placement into an Indian home that the tribe has designated for
placement under the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.) that would otherwise be barred under this section. However, if
the county with jurisdiction over the child that is the subject of
the tribe's request has established an approved procedure pursuant to
paragraph (3) of subdivision (d), the tribe may request that the
county evaluate the exemption request. Once a tribe has elected to
have the exemption request reviewed by either the State Department of
Social Services or the county, the exemption decision may only be
made by that entity. Nothing in this subdivision limits the duty of a
county social worker to evaluate the home for placement or to gather
information needed to evaluate an exemption request.
   (g) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
  SEC. 2.  Section 366.23 is added to the  Welfare and Institutions
Code , to read:
   366.23.   (a) Prior to ordering the return of a child to the
physical custody of his or her parent or legal guardian, the court
shall order the social worker to prepare a report containing
information obtained from an interview with the foster parents of the
child regarding the needs of the child and any relevant additional
information regarding the child, including , but not limited to, the
behavior of the parent or legal guardian of the child as observed by
the foster parent while the child resided with the foster parent. The
social worker shall interview the foster parents and report to the
court in a timely manner. The court may not return a child to the
physical custody of his or her parents until the court has received
and considered this report.(b) Notwithstanding any other provision of
this part, the court may not return a child who is within the
jurisdiction of the juvenile court pursuant to Section 300 and who
has been removed from the physical custody of his or her parent or
guardian, to the physical custody of that parent or guardian, unless
the court requires the social worker to conduct a second home visit
and to make a written report to the court regarding the child's
living conditions within the home within a reasonable period of time
after the child is returned to the physical custody of the parent or
guardian. If a second home visit is not completed within a reasonable
period of time after the child is returned to the physical custody
of the parent or guardian, or if the social worker conducts a second
home visit and makes a determination in a written report to the court
that the home in which the child will reside is not clean and safe
and adequate to ensure the continued safety and protection of the
child, the child shall be removed from the home.
  SEC. 3.  Section 366.24 is added to the  Welfare and Institutions
Code , to read:
   366.24.   If a dependent child of the court who had been placed in
foster care is returned to the physical custody of his or her parent
or legal guardian and if that child is less than six years of age,
the court shall order the parent or legal guardian to complete one or
more parenting classes subsequent to his or her reunification with
the child.
  SEC. 4.
  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.