BILL NUMBER: AB 1852 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Portantino
(Coauthors: Assembly Members Ammiano, Carter, Gilmore, Ruskin, and
Villines)
FEBRUARY 12, 2010
An act to amend Sections 358.1, 360, and 16206 of the Welfare and
Institutions Code, relating to dependent children.
LEGISLATIVE COUNSEL'S DIGEST
AB 1852, as introduced, Portantino. Dependent children: locating
extended family members
Existing law requires the juvenile court, after finding that a
child is within the jurisdiction of the juvenile court on the basis
of abuse or neglect, to hear evidence on the question of the proper
disposition to be made of the child. Before determining the
appropriate disposition to be made of the child, the court is
required to receive into evidence the social study of the child made
by the social worker.
Existing law also authorizes the juvenile court, in addition to or
in lieu of adjudicating the child a dependent child of the court, to
appoint a legal guardian of, or order a legal guardianship for, the
child, as specified. Existing law requires the court to read and
consider a specified assessment before appointing a legal guardian.
Existing law additionally establishes a statewide multipurpose
child welfare training program, as specified.
This bill would revise the social study and the assessment
described above to include information regarding whether the county
welfare department has attempted to locate relative and nonrelative,
as defined, extended family members of the child and establish
permanent familial connections between the child and those persons.
The bill would also revise the statewide child welfare training
program to include training in making efforts to locate extended
family members of dependent children and establish permanent familial
connections for those children. By increasing the duties of social
workers, the bill would impose a state-mandated local program.
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 358.1 of the Welfare and Institutions Code, as
amended by Section 4 of Chapter 287 of the Statutes of 2009, is
amended to read:
358.1. Each social study or evaluation made by a social worker or
child advocate appointed by the court, required to be received in
evidence pursuant to Section 358, shall include, but not be limited
to, a factual discussion of each of the following subjects:
(a) Whether the county welfare department or social worker has
considered child protective services, as defined in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9, as a
possible solution to the problems at hand, and has offered these
services to qualified parents if appropriate under the circumstances.
(b) What plan, if any, for return of the child to his or her
parents and for achieving legal permanence for the child if efforts
to reunify fail, is recommended to the court by the county welfare
department or probation officer.
(c) Whether the best interests of the child will be served by
granting reasonable visitation rights with the child to his or her
grandparents, in order to maintain and strengthen the child's family
relationships.
(d) (1) Whether the child has siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
(A) The nature of the relationship between the child and his or
her siblings.
(B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
(C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
(D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
(E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
(2) The factual discussion shall include a discussion of
indicators of the nature of the child's sibling relationships,
including, but not limited to, whether the siblings were raised
together in the same home, whether the siblings have shared
significant common experiences or have existing close and strong
bonds, whether either sibling expresses a desire to visit or live
with his or her sibling, as applicable, and whether ongoing contact
is in the child's best emotional interest.
(e) If the parent or guardian is unwilling or unable to
participate in making an educational decision for his or her child,
or if other circumstances exist that compromise the ability of the
parent or guardian to make educational decisions for the child, the
county welfare department or social worker shall consider whether the
right of the parent or guardian to make educational decisions for
the child should be limited. If the study or evaluation makes that
recommendation, it shall identify whether there is a responsible
adult available to make educational decisions for the child pursuant
to Section 361.
(f) Whether the child appears to be a person who is eligible to be
considered for further court action to free the child from parental
custody and control.
(g) Whether the parent has been advised of his or her option to
participate in adoption planning, including the option to enter into
a postadoption contact agreement as described in Section
8714.7 8616.5 of the Family Code, and to
voluntarily relinquish the child for adoption if an adoption agency
is willing to accept the relinquishment.
(h) The appropriateness of any relative placement pursuant to
Section 361.3. However, this consideration may not be cause for
continuance of the dispositional hearing.
(i) Whether the caregiver desires, and is willing, to provide
legal permanency for the child if reunification is unsuccessful.
(j) Whether the county welfare department has attempted to locate
relative and nonrelative extended family members of the child and
establish permanent familial connections between the child and those
persons. For purposes of this subdivision, a nonrelative extended
family member is defined in Section 362.7.
(j)
(k) For an Indian child, in consultation with the
Indian child's tribe, whether tribal customary adoption is an
appropriate permanent plan for the child if reunification is
unsuccessful.
(k)
(l) This section shall remain in effect only until
January 1, 2014, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2014, deletes or
extends that date.
SEC. 2. Section 358.1 of the Welfare and Institutions Code, as
added by Section 5 of Chapter 287 of the Statutes of 2009, is amended
to read:
358.1. Each social study or evaluation made by a social worker or
child advocate appointed by the court, required to be received in
evidence pursuant to Section 358, shall include, but not be limited
to, a factual discussion of each of the following subjects:
(a) Whether the county welfare department or social worker has
considered child protective services, as defined in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9, as a
possible solution to the problems at hand, and has offered these
services to qualified parents if appropriate under the circumstances.
(b) What plan, if any, for return of the child to his or her
parents and for achieving legal permanence for the child if efforts
to reunify fail, is recommended to the court by the county welfare
department or probation officer.
(c) Whether the best interests of the child will be served by
granting reasonable visitation rights with the child to his or her
grandparents, in order to maintain and strengthen the child's family
relationships.
(d) (1) Whether the child has siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
(A) The nature of the relationship between the child and his or
her siblings.
(B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
(C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
(D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
(E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
(2) The factual discussion shall include a discussion of
indicators of the nature of the child's sibling relationships,
including, but not limited to, whether the siblings were raised
together in the same home, whether the siblings have shared
significant common experiences or have existing close and strong
bonds, whether either sibling expresses a desire to visit or live
with his or her sibling, as applicable, and whether ongoing contact
is in the child's best emotional interest.
(e) If the parent or guardian is unwilling or unable to
participate in making an educational decision for his or her child,
or if other circumstances exist that compromise the ability of the
parent or guardian to make educational decisions for the child, the
county welfare department or social worker shall consider whether the
right of the parent or guardian to make educational decisions for
the child should be limited. If the study or evaluation makes that
recommendation, it shall identify whether there is a responsible
adult available to make educational decisions for the child pursuant
to Section 361.
(f) Whether the child appears to be a person who is eligible to be
considered for further court action to free the child from parental
custody and control.
(g) Whether the parent has been advised of his or her option to
participate in adoption planning, including the option to enter into
a postadoption contact agreement as described in Section
8714.7 8616.5 of the Family Code, and to
voluntarily relinquish the child for adoption if an adoption agency
is willing to accept the relinquishment.
(h) The appropriateness of any relative placement pursuant to
Section 361.3. However, this consideration may not be cause for
continuance of the dispositional hearing.
(i) Whether the caregiver desires, and is willing, to provide
legal permanency for the child if reunification is unsuccessful.
(j) Whether the county welfare department has attempted to locate
relative and nonrelative extended family members of the child and
establish permanent familial connections between the child and those
persons. For purposes of this subdivision, a nonrelative extended
family member is defined in Section 362.7.
(j)
(k) This section shall become operative on January 1,
2014.
SEC. 3. Section 360 of the Welfare and Institutions Code is
amended to read:
360. After receiving and considering the evidence on the proper
disposition of the case, the juvenile court may enter judgment as
follows:
(a) Notwithstanding any other provision of law, if the court finds
that the child is a person described by Section 300 and the parent
has advised the court that the parent is not interested in family
maintenance or family reunification services, it may, in addition to
or in lieu of adjudicating the child a dependent child of the court,
order a legal guardianship, appoint a legal guardian, and issue
letters of guardianship, if the court determines that a guardianship
is in the best interest of the child, provided the parent and the
child agree to the guardianship, unless the child's age or physical,
emotional, or mental condition prevents the child's meaningful
response. The court shall advise the parent and the child that no
reunification services will be provided as a result of the
establishment of a guardianship. The proceeding for the appointment
of a guardian shall be in the juvenile court.
Any application for termination of guardianship shall be filed in
juvenile court in a form as may be developed by the Judicial Council
pursuant to Section 68511 of the Government Code. Section 388 shall
apply to this order of guardianship.
No person shall be appointed a legal guardian under this section
until an assessment as specified in subdivision (g) of Section 361.5
is read and considered by the court and reflected in the minutes of
the court. The assessment shall include the following:
(1) Current search efforts for, and notification of, a
noncustodial parent in the manner provided in Section 291.
(2) A review of the amount of and nature of any contact between
the child and his or her parents since the filing of the petition.
(3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
(4) A preliminary assessment of the eligibility and commitment of
any identified prospective guardian, particularly the caretaker, to
include a social history including a screening for criminal records
and prior referrals for child abuse or neglect, the capability to
meet the child's needs, and the understanding of the legal and
financial rights and responsibilities of guardianship.
(5) The relationship of the child to any identified prospective
guardian, the duration and nature of the relationship, the motivation
for seeking guardianship, and a statement from the child concerning
the guardianship, unless the child's age or physical, emotional, or
other condition precludes the child's meaningful response, and if so,
a description of the condition.
(6) An analysis of the likelihood that the child would be adopted
if parental rights were terminated.
The person responsible for preparing the assessment may be called
and examined by any party to the guardianship proceeding.
(7) A report regarding efforts made to locate both relative and
nonrelative extended family members of the child and establish
permanent familial connections between the child and those persons.
For purposes of this paragraph, a nonrelative extended family member
is defined in Section 362.7.
(b) If the court finds that the child is a person described by
Section 300, it may, without adjudicating the child a dependent child
of the court, order that services be provided to keep the family
together and place the child and the child's parent or guardian under
the supervision of the social worker for a time period consistent
with Section 301.
(c) If the family subsequently is unable or unwilling to cooperate
with the services being provided, the social worker may file a
petition with the juvenile court pursuant to Section 332 alleging
that a previous petition has been sustained and that disposition
pursuant to subdivision (b) has been ineffective in ameliorating the
situation requiring the child welfare services. Upon hearing the
petition, the court shall order either that the petition shall be
dismissed or that a new disposition hearing shall be held pursuant to
subdivision (d).
(d) If the court finds that the child is a person described by
Section 300, it may order and adjudge the child to be a dependent
child of the court.
SEC. 4. Section 16206 of the Welfare and Institutions Code is
amended to read:
16206. (a) The purpose of the program is to develop and implement
statewide coordinated training programs designed specifically to
meet the needs of county child protective services social workers
assigned emergency response, family maintenance, family
reunification, permanent placement, and adoption responsibilities. It
is the intent of the Legislature that the program include training
for other agencies under contract with county welfare departments to
provide child welfare services. In addition, the program shall
provide training programs for persons defined as a mandated reporter
pursuant to the Child Abuse and Neglect Reporting Act, Article 2.5
(commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of
the Penal Code. The program shall provide the services required in
this section to the extent possible within the total allocation. If
allocations are insufficient, the department, in consultation with
the grantee or grantees and the Child Welfare Training Advisory
Board, shall prioritize the efforts of the program, giving primary
attention to the most urgently needed services. County child
protective services social workers assigned emergency response
responsibilities shall receive first priority for training pursuant
to this section.
(b) The training program shall provide practice-relevant training
for mandated child abuse reporters and all members of the child
welfare delivery system that will address critical issues affecting
the well-being of children, and shall develop curriculum materials
and training resources for use in meeting staff development needs of
mandated child abuse reporters and child welfare personnel in public
and private agency settings.
(c) The training provided pursuant to this section shall include
all of the following:
(1) Crisis intervention.
(2) Investigative techniques.
(3) Rules of evidence.
(4) Indicators of abuse and neglect.
(5) Assessment criteria, including the application of guidelines
for assessment of relatives for placement according to the criteria
described in Section 361.3.
(6) Intervention strategies.
(7) Legal requirements of child protection, including requirements
of child abuse reporting laws.
(8) Case management.
(9) Use of community resources.
(10) Information regarding the dynamics and effects of domestic
violence upon families and children, including indicators and
dynamics of teen dating violence.
(11) Posttraumatic stress disorder and the causes, symptoms, and
treatment of posttraumatic stress disorder in children.
(12) The importance of maintaining relationships with individuals
who are important to a child in out-of-home placement, including
methods to identify those individuals, consistent with the child's
best interests, including, but not limited to, asking the child about
individuals who are important, and ways to maintain and support
those relationships.
(13) The legal duties of a child protective services social
worker, in order to protect the legal rights and safety of children
and families from the initial time of contact during investigation
through treatment.
(d) The training provided pursuant to this section may also
include any or all of the following:
(1) Child development and parenting.
(2) Intake, interviewing, and initial assessment.
(3) Casework and treatment.
(4) Medical aspects of child abuse and neglect.
(e) The training program shall assess the program's performance at
least annually and forward it to the State Department of Social
Services for an evaluation and report to the Legislative Analyst. The
first report shall be forwarded to the Legislative Analyst no later
than January 1, 1990, and on the first of January in any subsequent
year. The assessment shall include at minimum the following:
(1) The number of persons trained.
(2) The type of training provided.
(3) The degree to which the training is perceived by participants
as useful in practice.
(f) The training program shall provide practice-relevant training
to county child protective services social workers who screen
referrals for child abuse or neglect and for all workers assigned to
provide emergency response, family maintenance, family reunification,
and permanent placement services , and make efforts
to locate extended family members of dependent children and establish
permanent familial connections for those children . The
training shall be developed in consultation with the Child Welfare
Training Advisory Board and domestic violence victims' advocates and
other public and private agencies that provide programs for victims
of domestic violence or programs of intervention for perpetrators.
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.