BILL NUMBER: SB 726 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 17, 2005
AMENDED IN SENATE MAY 3, 2005
AMENDED IN SENATE APRIL 4, 2005
INTRODUCED BY Senator Florez
FEBRUARY 22, 2005
An act to amend Section 361.4 361.2
of, and to add Sections Section 366.23
and 366.24 to, the Welfare and Institutions Code,
relating to dependent children.
LEGISLATIVE COUNSEL'S DIGEST
SB 726, as amended, 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 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 requires a
court, when ordering the removal of a child from a home, to determine
if there is a parent of the child with whom the child was not living
who desires to assume custody of the child, and to place the child
with that parent unless the court finds that the placement
would be detrimental to the safety, protection, or physical or
emotional well-being of the child .
This bill would enact "Adam's Law," which 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
authorize a court to order that a social worker
conduct a home visit within 3 months of placing a child with a
noncustodial parent and to file a report with the court after
conducting that home visit, as specified. The bill would also require
a social worker to provide a "Caregiver Information Form" to a
caregiver of a child for purposes of providing information regarding
a noncustodial parent who is seeking placement or custody of the
child and to ensure that the completed form is returned to the court
for review and consideration before the child is placed with the
noncustodial parent . By imposing new duties on county
employees, the bill would impose a state-mandated local program.
This bill would also require a court to require the social worker
to conduct a 2nd home visit, as specified. Until that 2nd home visit
occurs, the court would retain jurisdiction over that child. The bill
would further 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. This act shall be known and may be cited as "Adam's
Law."
SEC. 2. 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 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
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. 3. 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) (1) 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 safe and
adequate to ensure the continued safety and protection of the child,
the child shall be removed from the home.
(2) Pursuant to paragraph (1), a child shall remain within the
jurisdiction of the juvenile court after he or she is returned to the
physical custody of his or her parent or guardian until the social
worker completes the second home visit and determines that the home
is safe and adequate to ensure the continued safety and protection of
the child.
SEC. 4. 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. 5. 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. 2. Section 361.2 of the Welfare
and Institutions Code is amended to read:
361.2. (a) When a court orders removal of a child pursuant to
Section 361, the court shall first determine whether there is a
parent of the child, with whom the child was not residing at the time
that the events or conditions arose that brought the child within
the provisions of Section 300, who desires to assume custody of the
child. If that parent requests custody, the court shall place the
child with the parent unless it finds that placement with that parent
would be detrimental to the safety, protection, or physical or
emotional well-being of the child.
(b) If the court places the child with that parent it may do
either any of the following:
(1) Order that the parent become legal and physical custodian of
the child. The court may also provide reasonable visitation by the
noncustodial parent. The court shall then terminate its jurisdiction
over the child. The custody order shall continue unless modified by a
subsequent order of the superior court. The order of the juvenile
court shall be filed in any domestic relation proceeding between the
parents.
(2) Order , after considering concerns raised by the
caretaker regarding the parent, that the parent assume custody
subject to the jurisdiction of the juvenile court and require that a
home visit be conducted within three months. After the social worker
conducts the home visit and files his or her report with the court,
the court may then take the action describe d
in paragraph (1), (3), or this paragraph.
(3) Order that the parent assume custody
subject to the supervision of the juvenile court. In that case the
court may order that reunification services be provided to the parent
or guardian from whom the child is being removed, or the court may
order that services be provided solely to the parent who is assuming
physical custody in order to allow that parent to retain later
custody without court supervision, or that services be provided to
both parents, in which case the court shall determine, at review
hearings held pursuant to Section 366, which parent, if either, shall
have custody of the child.
(c) The court shall make a finding either in writing or on the
record of the basis for its determination under subdivisions (a) and
(b).
(d) Part 6 (commencing with Section 7950) of Division 12 of the
Family Code shall apply to the placement of a child pursuant to
paragraphs (1) and (2) of subdivision (e).
(e) When the court orders removal pursuant to Section 361, the
court shall order the care, custody, control, and conduct of the
child to be under the supervision of the social worker who may place
the child in any of the following:
(1) The home of a noncustodial parent as described in subdivision
(a).
(2) The approved home of a relative.
(3) The approved home of a nonrelative extended family member as
defined in Section 362.7.
(4) A foster home in which the child has been placed before an
interruption in foster care, if that placement is in the best
interest of the child and space is available.
(5) A suitable licensed community care facility.
(6) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
(7) A home or facility in accordance with the federal Indian Child
Welfare Act.
(8) A child under the age of six years may be placed in a
community care facility licensed as a group home for children, or a
temporary shelter care facility as defined in Section 1530.8 of the
Health and Safety Code, only under any of the following
circumstances:
(A) When a case plan indicates that placement is for purposes of
providing specialized treatment to the child, the case plan specifies
the need for, nature of, and anticipated duration of this treatment,
and the facility meets the applicable regulations adopted under
Section 1530.8 of the Health and Safety Code and standards developed
pursuant to Section 11467.1. The specialized treatment period shall
not exceed 120 days, unless additional time is needed pursuant to the
case plan as documented by the caseworker and approved by the
caseworker's supervisor.
(B) When a case plan indicates that placement is for purposes of
providing family reunification services. In addition, the facility
offers family reunification services that meet the needs of the
individual child and his or her family, permits parents to have
reasonable access to their children 24 hours a day, encourages
extensive parental involvement in meeting the daily needs of their
children, and employs staff trained to provide family reunification
services. In addition, one of the following conditions exists:
(i) The child's parent is also a ward of the court and resides in
the facility.
(ii) The child's parent is participating in a treatment program
affiliated with the facility and the child's placement in the
facility facilitates the coordination and provision of reunification
services.
(iii) Placement in the facility is the only alternative that
permits the parent to have daily 24-hour access to the child in
accordance with the case plan, to participate fully in meeting all of
the daily needs of the child, including feeding and personal
hygiene, and to have access to necessary reunification services.
(f) (1) If the child is taken from the physical custody of the
child's parent or guardian and unless the child is placed with
relatives, the child shall be placed in foster care in the county of
residence of the child's parent or guardian in order to facilitate
reunification of the family.
(2) In the event that there are no appropriate placements
available in the parent's or guardian's county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent's or guardian's
community of residence.
(3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child's placement corresponding to
frequent changes of residence by the parent or guardian. In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent's or guardian's
reason for the move.
(4) When it has been determined that it is necessary for a child
to be placed in a county other than the child's parent's or guardian'
s county of residence, the specific reason the out-of-county
placement is necessary shall be documented in the child's case plan.
If the reason the out-of-county placement is necessary is the lack of
resources in the sending county to meet the specific needs of the
child, those specific resource needs shall be documented in the case
plan.
(5) When it has been determined that a child is to be placed
out-of-county either in a group home or with a foster family agency
for subsequent placement in a certified foster family home, and the
sending county is to maintain responsibility for supervision and
visitation of the child, the sending county shall develop a plan of
supervision and visitation that specifies the supervision and
visitation activities to be performed and specifies that the sending
county is responsible for performing those activities. In addition to
the plan of supervision and visitation, the sending county shall
document information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern in the receiving county. Upon implementation of the Child
Welfare Services Case Management System, the plan of supervision and
visitation, as well as information regarding any known or suspected
dangerous behavior of the child, shall be made available to the
receiving county upon placement of the child in the receiving county.
If placement occurs on a weekend or holiday, the information shall
be made available to the receiving county on or before the end of the
next business day.
(6) When it has been determined that a child is to be placed
out-of-county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties. The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation. The formal agreement shall be approved
and signed by the sending and receiving counties prior to placement
of the child in the receiving county. In addition, upon completion of
the case plan, the sending county shall provide a copy of the
completed case plan to the receiving county. The case plan shall
include information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern to the receiving county.
(g) Whenever the social worker must change the placement of the
child and is unable to find a suitable placement within the county
and must place the child outside the county, the placement shall not
be made until he or she has served written notice on the parent or
guardian at least 14 days prior to the placement, unless the child's
health or well-being is endangered by delaying the action or would be
endangered if prior notice were given. The notice shall state the
reasons which require placement outside the county. The parent or
guardian may object to the placement not later than seven days after
receipt of the notice and, upon objection, the court shall hold a
hearing not later than five days after the objection and prior to the
placement. The court shall order out-of-county placement if it finds
that the child's particular needs require placement outside the
county.
(h) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether the family ties and best interest of the
child will be served by granting visitation rights to the child's
grandparents. The court shall clearly specify those rights to the
social worker.
(i) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether there are any siblings under the court's
jurisdiction, the nature of the relationship between the child and
his or her siblings, the appropriateness of developing or maintaining
the sibling relationships pursuant to Section 16002, and the impact
of the sibling relationships on the child's placement and planning
for legal permanence.
SEC. 3 Section 366.23 is added to the
Welfare and Institutions Code , to read:
366.23. If a noncustodial parent is seeking placement or custody
of a child, the social worker shall inform the caretaker that he or
she has the right to provide the court with input regarding the
placement of the child. The social worker shall provide the
"Caregiver Information Form" to the caretaker to complete and request
the caregiver provide any particular information the caregiver might
have regarding the noncustodial parent now seeking custody. If a
report is required or otherwise due, the completed form shall be
attached to the social worker's report to be filed with the court. If
not, the social worker shall ensure that the completed form is
returned to the court for review and consideration before the child
is placed with the noncustodial parent.
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.