Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1878

Introduced by Assembly Member Stone

February 19, 2014

An act begin insert to amend Sections 48853.5, 49076, 49085, and 51101 of the Education Code, to amend Section 1529.2 of the Health and Safety Code, and to amend Sections 102, 361, 10601.2, 16010.6, 16206, 16501.1, and 16501.5 of, and to add Sections 16010.7 and 16501.4 to, the Welfare and Institutions Code, end insert relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

AB 1878, as amended, Stone. Foster care: data.

begin insert

(1) Existing law requires each local educational agency to designate a staff person as the educational liaison for foster children. Existing law generally requires a local educational agency to allow a foster child to continue his or her education in the school of origin for the duration of the jurisdiction of the court at the initial detention or placement, or any subsequent change in placement. Existing law establishes provisions governing when and how a foster child may moved from his or her school of origin and enrolled in a new school.

end insert begin insert

This bill would require, when a foster child is moved to a new school, the liaison for the new school to notify appropriate administrative staff and teachers within 5 school days that a student is in foster care for the purpose of providing additional educational and supportive services to improve the educational outcomes of the child, as specified.

end insert begin insert

The bill would also require a county office of education foster youth services liaison to work collaboratively with his or her respective county welfare agencies and the juvenile courts to recruit and retain adults who are willing and able to volunteer to serve as educational rights holders for children in foster care. The bill would require, no later than July 1, 2015, and each year thereafter, the liaison to provide to the presiding judge of the juvenile court a list of individuals who have expressed an interest in becoming an educational rights holder for a child in foster care. The bill would also require, no later than July 1, 2015, and each year thereafter, the liaison to develop and make available to the county welfare agency a list containing the names and contact information for all foster youth educational liaisons serving in local educational agencies in that county. By imposing a higher level of service on county employees, the bill would impose a state-mandated local program.

end insert begin insert

(2) Existing law prohibits a school district from permitting access to pupil records without written parental consent or under judicial order, except under specified circumstances, including to an agency caseworker or other representative of a state or local child welfare agency or tribal organization, as specified.

end insert begin insert

This bill would additionally prohibit the State Department of Education from permitting access to those records without written parental consent or under judicial order, except as specified. The bill would also revise the circumstances under which an agency caseworker or other representative of a state or local child welfare agency or tribal organization may obtain access to pupil records by requiring that access be permitted upon request of that entity. The bill would also set forth a related qualification regarding that access.

end insert begin insert

The bill would also require, no later than September 1, 2015, the State Department of Education and the State Department of Social Services, in consultation with specified entities, to develop a model governance policy for local educational agencies, as defined, on the use of educational information and data of students in foster care. The bill would require, no later than January 1, 2016, each local educational agency, at a regularly scheduled public hearing, to adopt a policy governing the use of educational information and data of students in foster care. By imposing a higher level of service on local entities, the bill would impose a state-mandated local program.

end insert begin insert

(3) Existing law governs the rights of parents and guardians of pupils enrolled in public schools, including the right to be informed on a timely basis if their child is absent from school without permission and to receive the results of their child’s performance on standardized tests and statewide tests.

end insert begin insert

This bill would make those provisions applicable to educational rights holders.

end insert begin insert

(4) Existing law requires every licensed foster parent to complete a minimum of 12 hours of foster parent training before the placement of any foster children with the foster parent. Existing law requires that training to cover specified subject matter, including an overview of the child protective system and accessing education and health services.

end insert begin insert

This bill would increase that minimum training requirement to 30 hours. The bill would also require the training to include trauma informed care and confidentiality and privacy rights and protections, and would revise and recast other subjects relating to accessing health and educational support services.

end insert begin insert

(5) Existing law establishes the Court-Appointed Special Advocate program to provide volunteers to serve as court appointed child advocates for dependent children in juvenile court proceedings. Existing law also requires the State Department of Social Services to administer a single statewide Child Welfare Services Case Management System to minimize the administrative and systems barriers that inhibit the effective provision of services to children and families. Existing law also establishes the Child Welfare Council to serve as an advisory body responsible for improving the collaboration and processes of agencies and courts that serve children and youth in the child welfare and foster care systems.

end insert begin insert

This bill would authorize the juvenile court to appoint a court-appointed special advocate as the educational rights holder for a dependent child under specified circumstances and make a related change. The bill would impose additional reporting and administrative duties on the department relating to working collaboratively and sharing information regarding foster youth. The bill would also require county welfare agencies to annually provide the names and contact information for foster youth caseworkers to county offices of education foster youth liaisons and foster youth educational services coordinators on or before July 1 of each year. The bill would require the Child Welfare Council to develop a model data and information memorandum of understanding in consultation with specified state and local public entities and private organizations to facilitate the sharing of foster care information and data, and to develop a related resource guide, as specified. The bill would also require, no later than January 1, 2016, child welfare and probation agencies, juvenile courts, and local educational agencies in each county to enter into memoranda of understanding for purposes of enabling the sharing of foster care information and data, as specified. The bill would impose additional duties on state and local entities relating to foster care. By imposing a higher level of service on county employees, the bill would impose a state-mandated local program.

end insert begin insert

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.

end insert begin insert

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.

end insert begin delete

Existing law provides for the placement of certain youth in foster care and declares the policy of the Legislature that foster care should be a temporary method of care for the children of this state and that children have a right to a normal home life free from abuse. Existing law requires, in order to carry out that policy, each county welfare department or probation department to report to the State Department of Social Services, as specified, foster care characteristic data and care information deemed essential by the department to establish a foster care information system.

end delete begin delete

This bill would state the intent of the Legislature to enact legislation to improve and enhance the ability to share foster care information and data to improve outcomes for youth in foster care.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 48853.5 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

48853.5.  

(a) This section applies to a foster child. “Foster
child” means a child who has been removed from his or her home
pursuant to Section 309 of the Welfare and Institutions Code, is
the subject of a petition filed under Section 300 or 602 of the
Welfare and Institutions Code, or has been removed from his or
her home and is the subject of a petition filed under Section 300
or 602 of the Welfare and Institutions Code.

(b) Each local educational agency shall designate a staff person
as the educational liaison for foster children. In a school district
that operates a foster children services program pursuant to Chapter
11.3 (commencing with Section 42920) of Part 24 of Division 3,
the educational liaison shall be affiliated with the local foster
children services program. The educational liaison shall do all of
the following:

(1) Ensure and facilitate the proper educational placement,
enrollment in school, and checkout from school of foster children.

(2) Assist foster children when transferring from one school to
another school or from one school district to another school district
in ensuring proper transfer of credits, records, and grades.

(c) If so designated by the superintendent of the local educational
agency, the educational liaison shall notify a foster child’s attorney
and the appropriate representative of the county child welfare
agency of pending expulsion proceedings if the decision to
recommend expulsion is a discretionary act, pending proceedings
to extend a suspension until an expulsion decision is rendered if
the decision to recommend expulsion is a discretionary act, and,
if the foster child is an individual with exceptional needs, pending
manifestation determinations pursuant to Section 1415(k) of Title
20 of the United States Code if the local educational agency has
proposed a change in placement due to an act for which the
decision to recommend expulsion is at the discretion of the
principal or the district superintendent of schools.

(d) This section does not grant authority to the educational
liaison that supersedes the authority granted under state and federal
law to a parent or legal guardian retaining educational rights, a
responsible adult appointed by the court to represent the child
pursuant to Section 361 or 726 of the Welfare and Institutions
Code, a surrogate parent, or a foster parent exercising the authority
granted under Section 56055. The role of the educational liaison
is advisory with respect to placement decisions and determination
of the school of origin.

(e) (1) At the initial detention or placement, or any subsequent
change in placement of a foster child, the local educational agency
serving the foster child shall allow the foster child to continue his
or her education in the school of origin for the duration of the
jurisdiction of the court.

(2) If the jurisdiction of the court is terminated before the end
of an academic year, the local educational agency shall allow a
former foster child who is in kindergarten or any of grades 1 to 8,
inclusive, to continue his or her education in the school of origin
through the duration of the academic school year.

(3) (A) If the jurisdiction of the court is terminated while a
foster child is in high school, the local educational agency shall
allow the former foster child to continue his or her education in
the school of origin through graduation.

(B) For purposes of this paragraph, a school district is not
required to provide transportation to a former foster child who has
an individualized education program that does not require
transportation as a related service and who changes residence but
remains in his or her school of origin pursuant to this paragraph,
unless the individualized education program team determines that
transportation is a necessary related service.

(4) To ensure that the foster child has the benefit of matriculating
with his or her peers in accordance with the established feeder
patterns of school districts, if the foster child is transitioning
between school grade levels, the local educational agency shall
allow the foster child to continue in the school district of origin in
the same attendance area, or, if the foster child is transitioning to
a middle school or high school, and the school designated for
matriculation is in another school district, to the school designated
for matriculation in that school district.

(5) Paragraphs (2), (3), and (4) do not require a school district
to provide transportation services to allow a foster child to attend
a school or school district, unless otherwise required under federal
law. This paragraph does not prohibit a school district from, at its
discretion, providing transportation services to allow a foster child
to attend a school or school district.

(6) The educational liaison, in consultation with, and with the
agreement of, the foster child and the person holding the right to
make educational decisions for the foster child, may recommend,
in accordance with the foster child’s best interests, that the foster
child’s right to attend the school of origin be waived and the foster
child be enrolled in a public school that pupils living in the
attendance area in which the foster child resides are eligible to
attend.

(7) Before making a recommendation to move a foster child
from his or her school of origin, the educational liaison shall
provide the foster child and the person holding the right to make
educational decisions for the foster child with a written explanation
stating the basis for the recommendation and how the
recommendation serves the foster child’s best interest.

(8) (A) If the educational liaison, in consultation with the foster
child and the person holding the right to make educational decisions
for the foster child, agrees that the best interests of the foster child
would best be served by his or her transfer to a school other than
the school of origin, the foster child shall immediately be enrolled
in the new school.

(B) The new school shall immediately enroll the foster child
even if the foster child has outstanding fees, fines, textbooks, or
other items or moneys due to the school last attended or is unable
to produce clothing or records normally required for enrollment,
such as previous academic records, medical records, including,
but not limited to, records or other proof of immunization history
pursuant to Chapter 1 (commencing with Section 120325) of Part
2 of Division 105 of the Health and Safety Code, proof of
residency, other documentation, or school uniforms.

(C) Within two business days of the foster child’s request for
enrollment, the educational liaison for the new school shall contact
the school last attended by the foster child to obtain all academic
and other records. The last school attended by the foster child shall
provide all required records to the new school regardless of any
outstanding fees, fines, textbooks, or other items or moneys owed
to the school last attended. The educational liaison for the school
last attended shall provide all records to the new school within two
business days of receiving the request.

begin insert

(D) The liaison for the new school shall notify, within five school
days, appropriate administrative staff, including the foster youth
educational services coordinator, and teachers that a student is
in foster care for the purpose of providing additional educational
and supportive services to improve the educational outcomes of
the child. Disclosure of the foster care status of the child shall be
limited to only those staff and teachers who are directly involved
in providing instruction and educational support to the child.

end insert

(9) If a dispute arises regarding the request of a foster child to
remain in the school of origin, the foster child has the right to
remain in the school of origin pending resolution of the dispute.
The dispute shall be resolved in accordance with the existing
dispute resolution process available to a pupil served by the local
educational agency.

(10) The local educational agency and the county placing agency
are encouraged to collaborate to ensure maximum use of available
federal moneys, explore public-private partnerships, and access
any other funding sources to promote the well-being of foster
children through educational stability.

(11)  begin insert ( end insert begin insert A) end insert begin insert   end insert It is the intent of the Legislature that this subdivision
shall not supersede or exceed other laws governing special
education services for eligible foster children.

begin insert

(B) It is the intent of the Legislature that county welfare agencies
and local educational agencies work closely together in a
collaborative manner to help provide for and improve the
educational outcomes of children in foster care. For this purpose
a county office of education foster youth services liaison shall do
the following:

end insert begin insert

(i) Work collaboratively with his or her respective county
welfare agencies and juvenile courts to recruit and retain adults
who are willing and able to volunteer to serve as educational rights
holders for children in foster care. No later than July 1, 2015, and
each year thereafter, the liaison shall provide a list of individuals
who have expressed an interest in becoming an educational rights
holder for a child in foster care to the presiding judge of the
juvenile court.

end insert begin insert

(ii) No later than July 1, 2015, and each year thereafter, the
liaison shall develop and make available to his or her respective
county welfare agency a list containing the names and contact
information for all foster youth education liaisons serving in local
educational agencies in that county.

end insert

(f) For purposes of this section, “school of origin” means the
school that the foster child attended when permanently housed or
the school in which the foster child was last enrolled. If the school
the foster child attended when permanently housed is different
from the school in which the foster child was last enrolled, or if
there is some other school that the foster child attended with which
the foster child is connected and that the foster child attended
within the immediately preceding 15 months, the educational
liaison, in consultation with, and with the agreement of, the foster
child and the person holding the right to make educational decisions
for the foster child, shall determine, in the best interests of the
foster child, the school that shall be deemed the school of origin.

(g) This section does not supersede other law governing the
educational placements in juvenile court schools, as described in
Section 48645.1, by the juvenile court under Section 602 of the
Welfare and Institutions Code.

begin insert

begin insert SEC. end insert begin insert 2. end insert   

end insert

begin insert Section 49076 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

49076.  

(a)  begin delete A end delete begin insert The department or a end insert school district shall not
permit access to pupil records to a person without written parental
consent or under judicial order except as set forth in this section
and as permitted by Part 99 (commencing with Section 99.1) of
Title 34 of the Code of Federal Regulations.

(1) Access to those particular records relevant to the legitimate
educational interests of the requester shall be permitted to the
following:

(A) School officials and employees of the school district,
members of a school attendance review board appointed pursuant
to Section 48321 who are authorized representatives of the school
district, and any volunteer aide, 18 years of age or older, who has
been investigated, selected, and trained by a school attendance
review board for the purpose of providing followup services to
pupils referred to the school attendance review board, provided
that the person has a legitimate educational interest to inspect a
record.

(B) Officials and employees of other public schools or school
systems, including local, county, or state correctional facilities
where educational programs leading to high school graduation are
provided or where the pupil intends to or is directed to enroll,
subject to the rights of parents as provided in Section 49068.

(C) Authorized representatives of the Comptroller General of
the United States, the Secretary of Education, and state and local
educational authorities, or the United States Department of
Education’s Office for Civil Rights, if the information is necessary
to audit or evaluate a state or federally supported educational
program, or in connection with the enforcement of, or compliance
with, the federal legal requirements that relate to such a program.
Records released pursuant to this subparagraph shall comply with
the requirements of Section 99.35 of Title 34 of the Code of Federal
Regulations.

(D) Other state and local officials to the extent that information
is specifically required to be reported pursuant to state law adopted
before November 19, 1974.

(E) Parents of a pupil 18 years of age or older who is a
dependent as defined in Section 152 of Title 26 of the United States
Code.

(F) A pupil 16 years of age or older or having completed the
10th grade.

(G) A district attorney who is participating in or conducting a
truancy mediation program pursuant to Section 48263.5, or Section
601.3 of the Welfare and Institutions Code, or participating in the
presentation of evidence in a truancy petition pursuant to Section
681 of the Welfare and Institutions Code.

(H) A district attorney’s office for consideration against a parent
or guardian for failure to comply with the Compulsory Education
Law (Chapter 2 (commencing with Section 48200)) or with
Compulsory Continuation Education (Chapter 3 (commencing
with Section 48400)).

(I) (i) A probation officer, district attorney, or counsel of record
for a minor for purposes of conducting a criminal investigation or
an investigation in regards to declaring a person a ward of the court
or involving a violation of a condition of probation.

(ii) For purposes of this subparagraph, a probation officer,
district attorney, and counsel of record for a minor shall be deemed
to be local officials for purposes of Section 99.31(a)(5)(i) of Title
34 of the Code of Federal Regulations.

(iii) Pupil records obtained pursuant to this subparagraph shall
be subject to the evidentiary rules described in Section 701 of the
Welfare and Institutions Code.

(J) A judge or probation officer for the purpose of conducting
a truancy mediation program for a pupil, or for purposes of
presenting evidence in a truancy petition pursuant to Section 681
of the Welfare and Institutions Code. The judge or probation officer
shall certify in writing to the school district that the information
will be used only for truancy purposes. A school district releasing
pupil information to a judge or probation officer pursuant to this
subparagraph shall inform, or provide written notification to, the
parent or guardian of the pupil within 24 hours of the release of
the information.

(K) A county placing agency when acting as an authorized
representative of a state or local educational agency pursuant to
subparagraph (C). School districts, county offices of education,
and county placing agencies may develop cooperative agreements
to facilitate confidential access to and exchange of the pupil
information by email, facsimile, electronic format, or other secure
means, if the agreement complies with the requirements set forth
in Section 99.35 of Title 34 of the Code of Federal Regulations.

(L) A pupil 14 years of age or older who meets both of the
following criteria:

(i) The pupil is a homeless child or youth, as defined in
paragraph (2) of Section 725 of the federal McKinney-Vento
Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).

(ii) The pupil is an unaccompanied youth, as defined in
paragraph (6) of Section 725 of the federal McKinney-Vento
Homeless Assistance Act (42 U.S.C. Sec. 11434a(6)).

(M) An individual who completes items 1 to 4, inclusive, of the
Caregiver’s Authorization Affidavit, as provided in Section 6552
of the Family Code, and signs the affidavit for the purpose of
enrolling a minor in school.

(N) (i)  begin delete An end delete begin insert Upon request of an end insert agency caseworker or other
representative of a state or local child welfare agency, or tribal
organization, as defined in Section 450b of Title 25 of the United
States Code, that has legal responsibility, in accordance with state
or tribal law, for the care and protection of the pupil. begin insert For purposes
of this subdivision, state and local child welfare agencies are
deemed to have a legitimate educational interest in the educational
records of a child in foster care pursuant to their responsibility to
provide for their educational stability as required by Section 475
of the federal Social Security Act (42 U.S.C. Sec. 675). end insert

(ii) The agency or organization specified in clause (i) may
disclose pupil records, or the personally identifiable information
contained in those records, to an individual or entity engaged in
addressing the pupil’s educational needs, if the individual or entity
is authorized by the agency or organization to receive the disclosure
and the information requested is directly related to the assistance
provided by that individual or entity. The records, or the personally
identifiable information contained in those records, shall not
otherwise be disclosed by that agency or organization, except as
provided under the federal Family Educational Rights and Privacy
Act (20 U.S.C. Sec. 1232g), state law, including paragraph (3),
and tribal law.

(2) School districts may release information from pupil records
to the following:

(A) Appropriate persons in connection with an emergency if
the knowledge of the information is necessary to protect the health
or safety of a pupil or other persons. Schools or school districts
releasing information pursuant to this subparagraph shall comply
with the requirements set forth in Section 99.32(a)(5) of Title 34
of the Code of Federal Regulations.

(B) Agencies or organizations in connection with the application
of a pupil for, or receipt of, financial aid. However, information
permitting the personal identification of a pupil or his or her parents
may be disclosed only as may be necessary for purposes as to
determine the eligibility of the pupil for financial aid, to determine
the amount of the financial aid, to determine the conditions that
will be imposed regarding the financial aid, or to enforce the terms
or conditions of the financial aid.

(C) Pursuant to Section 99.37 of Title 34 of the Code of Federal
Regulations, a county elections official, for the purpose of
identifying pupils eligible to register to vote, or for conducting
programs to offer pupils an opportunity to register to vote. The
information shall not be used for any other purpose or given or
transferred to any other person or agency.

(D) Accrediting associations in order to carry out their
accrediting functions.

(E) Organizations conducting studies for, or on behalf of,
educational agencies or institutions for purposes of developing,
validating, or administering predictive tests, administering student
aid programs, and improving instruction, if the studies are
conducted in a manner that will not permit the personal
identification of pupils or their parents by persons other than
representatives of the organizations, the information will be
destroyed when no longer needed for the purpose for which it is
obtained, and the organization enters into a written agreement with
the educational agency or institution that complies with Section
99.31(a)(6) of Title 34 of the Code of Federal Regulations.

(F) Officials and employees of private schools or school systems
where the pupil is enrolled or intends to enroll, subject to the rights
of parents as provided in Section 49068 and in compliance with
the requirements in Section 99.34 of Title 34 of the Code of Federal
Regulations. This information shall be in addition to the pupil’s
permanent record transferred pursuant to Section 49068.

(G) (i) A contractor or consultant with a legitimate educational
interest who has a formal written agreement or contract with the
school district regarding the provision of outsourced institutional
services or functions by the contractor or consultant.

(ii) Notwithstanding the authorization in Section
99.31(a)(1)(i)(B) of Title 34 of the Code of Federal Regulations,
a disclosure pursuant to this subparagraph shall not be permitted
to a volunteer or other party.

(3) A person, persons, agency, or organization permitted access
to pupil records pursuant to this section shall not permit access to
any information obtained from those records by another person,
persons, agency, or organization, except for allowable exceptions
contained within the federal Family Educational Rights and Privacy
Act (20 U.S.C. Sec. 1232g) and state law, including this section,
and implementing regulations, without the written consent of the
pupil’s parent. This paragraph shall not require prior parental
consent when information obtained pursuant to this section is
shared with other persons within the educational institution, agency,
or organization obtaining access, so long as those persons have a
legitimate educational interest in the information pursuant to
Section 99.31(a)(1) of Title 34 of the Code of Federal Regulations.

(4) Notwithstanding any other law, a school district, including
a county office of education or county superintendent of schools,
may participate in an interagency data information system that
permits access to a computerized database system within and
between governmental agencies or school districts as to information
or records that are nonprivileged, and where release is authorized
as to the requesting agency under state or federal law or regulation,
if each of the following requirements is met:

(A) Each agency and school district shall develop security
procedures or devices by which unauthorized personnel cannot
access data contained in the system.

(B) Each agency and school district shall develop procedures
or devices to secure privileged or confidential data from
unauthorized disclosure.

(C) Each school district shall comply with the access log
requirements of Section 49064.

(D) The right of access granted shall not include the right to
add, delete, or alter data without the written permission of the
agency holding the data.

(E) An agency or school district shall not make public or
otherwise release information on an individual contained in the
database if the information is protected from disclosure or release
as to the requesting agency by state or federal law or regulation.

(b) The officials and authorities to whom pupil records are
disclosed pursuant to subdivision (e) of Section 48902 and
subparagraph (I) of paragraph (1) of subdivision (a) shall certify
in writing to the disclosing school district that the information
shall not be disclosed to another party, except as provided under
the federal Family Educational Rights and Privacy Act (20 U.S.C.
Sec. 1232g) and state law, without the prior written consent of the
parent of the pupil or the person identified as the holder of the
pupil’s educational rights.

(c) (1) A person or party who is not permitted access to pupil
records pursuant to subdivision (a) or (b) may request access to
pupil records as provided for in paragraph (2).

(2) A local educational agency or other person or party who has
received pupil records, or information from pupil records, may
release the records or information to a person or party identified
in paragraph (1) without the consent of the pupil’s parent or
guardian pursuant to Section 99.31(b) of Title 34 of the Code of
Federal Regulations, if the records or information are deidentified,
which requires the removal of all personally identifiable
information, if the disclosing local educational agency or other
person or party has made a reasonable determination that a pupil’s
identity is not personally identifiable, whether through single or
multiple releases, and has taken into account other pertinent
reasonably available information.

begin insert

begin insert SEC. end insert begin insert 3. end insert   

end insert

begin insert Section 49085 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

49085.  

(a) On or before February 1, 2014, the department and
the State Department of Social Services shall develop and enter
into a memorandum of understanding that shall, at a minimum,
require the State Department of Social Services, at least once per
week, to share with the department both of the following:

(1) Disaggregated information on children and youth in foster
care sufficient for the department to identify pupils in foster care.

(2) Disaggregated data on children and youth in foster care that
is helpful to county offices of education and other local educational
agencies responsible for ensuring that pupils in foster care received
appropriate educational supports and services.

(b) To the extent allowable under federal law, the department
shall regularly identify pupils in foster care and designate those
pupils in the California Longitudinal Pupil Achievement Data
System or any future data system used by the department to collect
disaggregated pupil outcome data.

(c) To the extent allowable under federal law, the
Superintendent, on or before July 1 of each even-numbered year,
shall report to the Legislature and the Governor on the educational
outcomes for pupils in foster care at both the individual schoolsite
level and school district level. The report shall include, but is not
limited to, all of the following:

(1) Individual schoolsite level and school district level
educational outcome data for each local educational agency that
enrolls at least 15 pupils in foster care, each county in which at
least 15 pupils in foster care attend school, and for the entire state.

(2) The number of pupils in foster care statewide and by each
local educational agency.

(3) The academic achievement of pupils in foster care.

(4) The incidence of suspension and expulsion for pupils in
foster care.

(5) Truancy rates, attendance rates, and dropout rates for pupils
in foster care.

(d) To the extent allowable under federal law, the department,
at least once per week, shall do all of the following:

(1) Inform school districts and charter schools of any pupils
enrolled in those school districts or charter schools who are in
foster care.

(2) Inform county offices of education of any pupils enrolled
in schools in the county who are in foster care.

(3) Provide schools districts, county office of education, and
charter schools disaggregated data helpful to ensuring pupils in
foster care receive appropriate educational supports and services.

begin insert

(e) No later than September 1, 2015, the department and the
State Department of Social Services, in consultation with the
Administrative Office of the Courts, State Department of Health
Care Services, education and foster care advocates, and foster
youth organizations shall develop a model governance policy for
local educational agencies on the use of educational information
and data of students in foster care.

end insert begin insert

(f) No later than January 1, 2016, each local educational
agency, at a regularly scheduled public hearing, shall adopt a
policy governing the use of educational information and data of
students in foster care.

end insert begin delete

(e)

end delete

begin insert (g) end insert  For purposes of this section begin delete “pupil end delete begin insert the following definitions
apply: end insert

begin insert (1) end insert begin insert   end insert begin insert “Pupil end insert in foster care” has the same meaning as “foster
youth,” as defined in Section 42238.01.

begin insert

(2) “Local educational agency” means a school district, charter
school, or county office of education.

end insert

begin insert

begin insert SEC. end insert begin insert 4. end insert   

end insert

begin insert Section 51101 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

51101.  

(a) Except as provided in subdivision begin delete (d) end delete begin insert (c) end insert , the
parents begin delete and end delete begin insert , end insert guardians begin insert , and educational rights holders end insert of pupils
enrolled in public schools have the right and should have the
opportunity, as mutually supportive and respectful partners in the
education of their children within the public schools, to be informed
by the school, and to participate in the education of their children,
as follows:

(1) Within a reasonable period of time following making the
request, to observe the classroom or classrooms in which their
child is enrolled or for the purpose of selecting the school in which
their child will be enrolled in accordance with the requirements
of any intradistrict or interdistrict pupil attendance policies or
programs.

(2) Within a reasonable time of their request, to meet with their
child’s teacher or teachers and the principal of the school in which
their child is enrolled.

(3) To volunteer their time and resources for the improvement
of school facilities and school programs under the supervision of
district employees, including, but not limited to, providing
assistance in the classroom with the approval, and under the direct
supervision, of the teacher. Although volunteer parents may assist
with instruction, primary instructional responsibility shall remain
with the teacher.

(4) To be notified on a timely basis if their child is absent from
school without permission.

(5) To receive the results of their child’s performance on
standardized tests and statewide tests and information on the
performance of the school that their child attends on standardized
statewide tests.

(6) To request a particular school for their child, and to receive
a response from the school district. This paragraph does not
obligate the school district to grant the parent’s request.

(7) To have a school environment for their child that is safe and
supportive of learning.

(8) To examine the curriculum materials of the class or classes
in which their child is enrolled.

(9) To be informed of their child’s progress in school and of
the appropriate school personnel whom they should contact if
problems arise with their child.

(10) To have access to the school records of their child.

(11) To receive information concerning the academic
performance standards, proficiencies, or skills their child is
expected to accomplish.

(12) To be informed in advance about school rules, including
disciplinary rules and procedures in accordance with Section
48980, attendance policies, dress codes, and procedures for visiting
the school.

(13) To receive information about any psychological testing the
school does involving their child and to deny permission to give
the test.

(14) To participate as a member of a parent advisory committee,
schoolsite council, or site-based management leadership team, in
accordance with any rules and regulations governing membership
in these organizations. In order to facilitate begin delete parental end delete participation,
schoolsite councils are encouraged to schedule a biannual open
forum for the purpose of informing parents about current school
issues and activities and answering parents’ begin insert , guardians’, and
educational rights holders end insert begin insert ’ end insert questions. The meetings should be
scheduled on weekends, and prior notice should be provided to
parents.

(15) To question anything in their child’s record that the parent begin insert ,
guardian, or educational rights holder end insert feels is inaccurate or
misleading or is an invasion of privacy and to receive a response
from the school.

(16) To be notified, as early in the school year as practicable
pursuant to Section 48070.5, if their child is identified as being at
risk of retention and of their right to consult with school personnel
responsible for a decision to promote or retain their child and to
appeal a decision to retain or promote their child.

(b) In addition to the rights described in subdivision (a), parents
and guardians of pupils, including those parents begin delete and end delete begin insert , end insert guardians begin insert ,
and educational rights holders end insert whose primary language is not
English, shall have the opportunity to work together in a mutually
supportive and respectful partnership with schools, and to help
their children succeed in school. Each governing board of a school
district shall develop jointly with parents begin delete and end delete begin insert , end insert guardians begin insert , and
educational rights holders end insert , and shall adopt, a policy that outlines
the manner in which parents begin delete or end delete begin insert , end insert guardians begin insert , or educational rights
holders end insert of pupils, school staff, and pupils may share the
responsibility for continuing the intellectual, physical, emotional,
and social development and well-being of pupils at each schoolsite.
The policy shall include, but is not necessarily limited to, the
following:

(1) The means by which the school and parents begin delete or end delete begin insert , end insert guardians begin insert ,
and educational rights holders end insert of pupils may help pupils to achieve
academic and other standards of the school.

(2) A description of the school’s responsibility to provide a high
quality curriculum and instructional program in a supportive and
effective learning environment that enables all pupils to meet the
academic expectations of the school.

(3) The manner in which the parents begin delete and end delete begin insert , end insert guardians begin insert , and
educational rights holders end insert of pupils may support the learning
environment of their children, including, but not limited to, the
following:

(A) Monitoring attendance of their children.

(B) Ensuring that homework is completed and turned in on a
timely basis.

(C) Participation of the children in extracurricular activities.

(D) Monitoring and regulating the television viewed by their
children.

(E) Working with their children at home in learning activities
that extend learning in the classroom.

(F) Volunteering in their children’s classrooms, or for other
activities at the school.

(G) Participating, as appropriate, in decisions relating to the
education of their own child or the total school program.

begin delete

(c) All schools that participate in the High Priority Schools
Grant Program established pursuant to Article 3.5 (commencing
with Section 52055.600) of Chapter 6.1 of Part 28 and that maintain
kindergarten or any of grades 1 to 5, inclusive, shall jointly develop
with parents or guardians for all children enrolled at that schoolsite,
a school-parent compact pursuant to Section 6319 of Title 20 of
the United States Code.

end delete begin delete

(d)

end delete

begin insert ( end insert begin insert c) end insert  This section does not authorize a school to inform a parent
begin delete or end delete begin insert , end insert guardian begin insert , or educational rights holders end insert , as provided in this
section, or to permit participation by a parent begin delete or end delete begin insert , end insert guardian begin insert , or
educational rights holders end insert in the education of a child, if it conflicts
with a valid restraining order, protective order, or order for custody
or visitation issued by a court of competent jurisdiction.

begin insert

begin insert SEC. end insert begin insert 5. end insert   

end insert

begin insert Section 1529.2 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

1529.2.  

(a) In addition to the foster parent training provided
by community colleges, foster family agencies shall provide a
program of training for their certified foster families.

(b) (1) Every licensed foster parent shall complete a minimum
of begin delete 12 end delete begin insert 30 end insert hours of foster parent training, as prescribed in paragraph
(3), before the placement of any foster children with the foster
parent. In addition, a foster parent shall complete a minimum of
eight hours of foster parent training annually, as prescribed in
paragraph (4). No child shall be placed in a foster family home
unless these requirements are met by the persons in the home who
are serving as the foster parents.

(2) (A) Upon the request of the foster parent for a hardship
waiver from the postplacement training requirement or a request
for an extension of the deadline, the county may, at its option, on
a case-by-case basis, waive the postplacement training requirement
or extend any established deadline for a period not to exceed one
year, if the postplacement training requirement presents a severe
and unavoidable obstacle to continuing as a foster parent. Obstacles
for which a county may grant a hardship waiver or extension are:

(i) Lack of access to training due to the cost or travel required.

(ii) Family emergency.

(B) Before a waiver or extension may be granted, the foster
parent should explore the opportunity of receiving training by
video or written materials.

(3) The initial preplacement training shall include, but not be
limited to, training courses that cover all of the following:

(A) An overview of the child protective system.

(B) The effects of child abuse and neglect on child development.

(C) Positive discipline and the importance of self-esteem.

(D) Health issues begin insert and accessing health services for children end insert in
foster care.

(E)  begin delete Accessing education and health services available to foster
children. end delete begin insert Understanding how to help provide for the educational
outcomes of children in foster care, including accessing
educational support services. end insert

(F) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.

(G) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

(H) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of
a harassment and violence free school environment contained in
the California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of
Part 19 of Division 1 of Title 1 of the Education Code).

begin insert

(I) Trauma-informed care.

end insert begin insert

(J) Confidentiality and privacy rights and protections.

end insert

(4) The postplacement annual training shall include, but not be
limited to, training courses that cover all of the following:

(A) Age-appropriate child development.

(B) Health issues in foster care.

(C) Positive discipline and the importance of self-esteem.

(D) Emancipation and independent living skills if a foster parent
is caring for youth.

(E) The right of a foster child to have fair and equal access to
all available services, placement, care, treatment, and benefits, and
to not be subjected to discrimination or harassment on the basis
of actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.

(F) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

(5) Foster parent training may be attained through a variety of
sources, including community colleges, counties, hospitals, foster
parent associations, the California State Foster Parent Association’s
Conference, adult schools, and certified foster parent instructors.

(6) A candidate for placement of foster children shall submit a
certificate of training to document completion of the training
requirements. The certificate shall be submitted with the initial
consideration for placements and provided at the time of the annual
visit by the licensing agency thereafter.

(c) Nothing in this section shall preclude a county from requiring
county-provided preplacement or postplacement foster parent
training in excess of the requirements in this section.

begin insert

begin insert SEC. end insert begin insert 6. end insert   

end insert

begin insert Section 102 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

102.  

(a) Each CASA program shall, if feasible, be staffed by
a minimum of one paid administrator. The staff shall be directly
accountable to the presiding juvenile court judge and the CASA
program board of directors, as applicable.

(b) The program shall provide for volunteers to serve as CASAs.
A CASA may be appointed in juvenile dependency proceedings
under Section 300, including proceedings involving a nonminor
dependent.

(c) Each CASA shall serve at the pleasure of the court having
jurisdiction over the proceedings in which a CASA has been
appointed and that appointment may continue after the child attains
his or her age of majority, with the consent of the nonminor
dependent. A CASA shall do all of the following:

(1) Provide independent, factual information to the court
regarding the cases to which he or she is appointed.

(2) Represent the best interests of the child involved, and
consider the best interests of the family, in the cases to which he
or she is appointed.

(3) At the request of the judge, monitor cases to which he or
she has been appointed to ensure that the court’s orders have been
fulfilled.

(d) The Judicial Council, through its rules and regulations, shall
require an initial and ongoing training program consistent with
this chapter for all persons acting as a CASA, including, but not
limited to, each of the following:

(1) Dynamics of child abuse and neglect.

(2) Court structure, including juvenile court laws regarding
dependency.

(3) Social service systems.

(4) Child development.

(5) Cultural competency and sensitivity relating to, and best
practices for, providing adequate care to lesbian, gay, bisexual,
and transgender youth.

(6) Interviewing techniques.

(7) Report writing.

(8) Roles and responsibilities of a CASA.

(9) Rules of evidence and discovery procedures.

(10) Problems associated with verifying reports.

begin insert

(11) Monitoring the educational stability of the child, including
the responsibilities of serving as an educational rights holder for
the child.

end insert

(e) The Judicial Council, through its CASA Advisory
Committee, shall adopt guidelines for the screening of CASA
volunteers, which shall include personal interviews, reference
checks, checks for records of sex offenses and other criminal
records, information from the Department of Motor Vehicles, and
other information that the Judicial Council deems appropriate.

begin insert

begin insert SEC. end insert begin insert 7. end insert   

end insert

begin insert Section 361 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

361.  

(a) (1) In all cases in which a minor is adjudged a
dependent child of the court on the ground that the minor is a
person described by Section 300, the court may limit the control
to be exercised over the dependent child by any parent or guardian
and shall by its order clearly and specifically set forth all those
limitations. Any limitation on the right of the parent or guardian
to make educational or developmental services decisions for the
child shall be specifically addressed in the court order. The
limitations may not exceed those necessary to protect the child. If
the court specifically limits the right of the parent or guardian to
make educational or developmental services decisions for the child,
or, for the nonminor dependent, if the court finds the appointment
of a developmental services decisionmaker to be in the best
interests of the nonminor dependent, the court shall at the same
time appoint a responsible adult to make educational or
developmental services decisions for the child or nonminor
dependent until one of the following occurs:

(A) The minor reaches 18 years of age, unless the child or
nonminor dependent chooses not to make educational or
developmental services decisions for himself or herself, or is
deemed by the court to be incompetent.

(B) Another responsible adult is appointed to make educational
or developmental services decisions for the minor pursuant to this
section.

(C) The right of the parent or guardian to make educational or
developmental services decisions for the minor is fully restored.

(D) A successor guardian or conservator is appointed.

(E) The child is placed into a planned permanent living
arrangement pursuant to paragraph (5) of subdivision (g) of Section
366.21, Section 366.22, Section 366.26, or subdivision (i) of
Section 366.3, at which time, for educational decisionmaking, the
foster parent, relative caretaker, or nonrelative extended family
member as defined in Section 362.7, has the right to represent the
child in educational matters pursuant to Section 56055 of the
Education Code, and for decisions relating to developmental
services, unless the court specifies otherwise, the foster parent,
relative caregiver, or nonrelative extended family member of the
planned permanent living arrangement has the right to represent
the child or nonminor dependent in matters related to
developmental services.

(2) An individual who would have a conflict of interest in
representing the child or nonminor dependent may not be appointed
to make educational or developmental services decisions. For
purposes of this section, “an individual who would have a conflict
of interest,” means a person having any interests that might restrict
or bias his or her ability to make educational or developmental
services decisions, including, but not limited to, those conflicts of
interest prohibited by Section 1126 of the Government Code, and
the receipt of compensation or attorney’s fees for the provision of
services pursuant to this section. A foster parent may not be deemed
to have a conflict of interest solely because he or she receives
compensation for the provision of services pursuant to this section.

(3) If the court limits the parent’s educational rights pursuant
to this subdivision, the court shall determine whether there is a
responsible adult who is a relative, nonrelative extended family
member, or other adult known to the child who is available and
willing to serve as the child’s educational representative before
appointing an educational representative or surrogate who is not
known to the child.

If the court cannot identify a responsible adult who is known to
the child and available to make educational decisions for the child,
subparagraphs (A) to (E), inclusive, of paragraph (1) do not apply,
and the child has either been referred to the local educational
agency for special education and related services, or has a valid
individualized education program, the court shall refer the child
to the local educational agency for appointment of a surrogate
parent pursuant to Section 7579.5 of the Government Code.

If the court cannot identify a responsible adult to make
educational decisions for the child, the appointment of a surrogate
parent as defined in subdivision (a) of Section 56050 of the
Education Code is not warranted, and there is no foster parent to
exercise the authority granted by Section 56055 of the Education
Code, the court may begin insert appoint end insert begin insert CASA as the educational rights holder
for the child, or end insert , with the input of any interested person, make
educational decisions for the child.

(4) If the court appoints a developmental services decisionmaker
pursuant to this section, he or she shall have the authority to access
the child’s or nonminor dependent’s information and records
pursuant to subdivision (u) of Section 4514 and subdivision (y) of
Section 5328, and to act on the child’s or nonminor dependent’s
behalf for the purposes of the individual program plan process
pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing
process pursuant to Chapter 7 (commencing with Section 4700)
of Division 4.5, and as set forth in the court order.

If the court cannot identify a responsible adult to make
developmental services decisions for the child or nonminor
dependent, the court may, with the input of any interested person,
make developmental services decisions for the child or nonminor
dependent. If the child is receiving services from a regional center,
the provision of any developmental services related to the court’s
decision must be consistent with the child’s or nonminor
dependent’s individual program plan and pursuant to the provisions
of the Lanterman Developmental Disabilities Services Act
(Division 4.5 (commencing with Section 4500)).

(5) All educational and school placement decisions shall seek
to ensure that the child is in the least restrictive educational
programs and has access to the academic resources, services, and
extracurricular and enrichment activities that are available to all
pupils. In all instances, educational and school placement decisions
shall be based on the best interests of the child. If an educational
representative or surrogate is appointed for the child, the
representative or surrogate shall meet with the child, shall
investigate the child’s educational needs and whether those needs
are being met, and shall, prior to each review hearing held under
this article, provide information and recommendations concerning
the child’s educational needs to the child’s social worker, make
written recommendations to the court, or attend the hearing and
participate in those portions of the hearing that concern the child’s
education.

(6) Nothing in this section in any way removes the obligation
to appoint surrogate parents for students with disabilities who are
without parental representation in special education procedures as
required by state and federal law, including Section 1415(b)(2) of
Title 20 of the United States Code, Section 56050 of the Education
Code, Section 7579.5 of the Government Code, and Rule 5.650
of the California Rules of Court.

(b) Subdivision (a) does not limit the ability of a parent to
voluntarily relinquish his or her child to the State Department of
Social Services or to a county adoption agency at any time while
the child is a dependent child of the juvenile court, if the
department or agency is willing to accept the relinquishment.

(c) A dependent child may not be taken from the physical
custody of his or her parents or guardian or guardians with whom
the child resides at the time the petition was initiated, unless the
juvenile court finds clear and convincing evidence of any of the
following circumstances listed in paragraphs (1) to (5), inclusive,
and, in an Indian child custody proceeding, paragraph (6):

(1) There is or would be a substantial danger to the physical
health, safety, protection, or physical or emotional well-being of
the minor if the minor were returned home, and there are no
reasonable means by which the minor’s physical health can be
protected without removing the minor from the minor’s parent’s
or guardian’s physical custody. The fact that a minor has been
adjudicated a dependent child of the court pursuant to subdivision
(e) of Section 300 shall constitute prima facie evidence that the
minor cannot be safely left in the physical custody of the parent
or guardian with whom the minor resided at the time of injury.
The court shall consider, as a reasonable means to protect the
minor, the option of removing an offending parent or guardian
from the home. The court shall also consider, as a reasonable means
to protect the minor, allowing a nonoffending parent or guardian
to retain physical custody as long as that parent or guardian
presents a plan acceptable to the court demonstrating that he or
she will be able to protect the child from future harm.

(2) The parent or guardian of the minor is unwilling to have
physical custody of the minor, and the parent or guardian has been
notified that if the minor remains out of their physical custody for
the period specified in Section 366.26, the minor may be declared
permanently free from their custody and control.

(3) The minor is suffering severe emotional damage, as indicated
by extreme anxiety, depression, withdrawal, or untoward aggressive
behavior toward himself or herself or others, and there are no
reasonable means by which the minor’s emotional health may be
protected without removing the minor from the physical custody
of his or her parent or guardian.

(4) The minor or a sibling of the minor has been sexually abused,
or is deemed to be at substantial risk of being sexually abused, by
a parent, guardian, or member of his or her household, or other
person known to his or her parent, and there are no reasonable
means by which the minor can be protected from further sexual
abuse or a substantial risk of sexual abuse without removing the
minor from his or her parent or guardian, or the minor does not
wish to return to his or her parent or guardian.

(5) The minor has been left without any provision for his or her
support, or a parent who has been incarcerated or institutionalized
cannot arrange for the care of the minor, or a relative or other adult
custodian with whom the child has been left by the parent is
unwilling or unable to provide care or support for the child and
the whereabouts of the parent is unknown and reasonable efforts
to locate him or her have been unsuccessful.

(6) In an Indian child custody proceeding, continued custody
of the child by the parent or Indian custodian is likely to result in
serious emotional or physical damage to the child, and that finding
is supported by testimony of a “qualified expert witness” as
described in Section 224.6.

(A) Stipulation by the parent, Indian custodian, or the Indian
child’s tribe, or failure to object, may waive the requirement of
producing evidence of the likelihood of serious damage only if the
court is satisfied that the party has been fully advised of the
requirements of the federal Indian Child Welfare Act (25 U.S.C.
Sec. 1901 et seq.), and has knowingly, intelligently, and voluntarily
waived them.

(B) Failure to meet non-Indian family and child-rearing
community standards, or the existence of other behavior or
conditions that meet the removal standards of this section, will not
support an order for placement in the absence of the finding in this
paragraph.

(d) The court shall make a determination as to whether
reasonable efforts were made to prevent or to eliminate the need
for removal of the minor from his or her home or, if the minor is
removed for one of the reasons stated in paragraph (5) of
subdivision (c), whether it was reasonable under the circumstances
not to make any of those efforts, or, in the case of an Indian child
custody proceeding, whether active efforts as required in Section
361.7 were made and that these efforts have proved unsuccessful.
The court shall state the facts on which the decision to remove the
minor is based.

(e) The court shall make all of the findings required by
subdivision (a) of Section 366 in either of the following
circumstances:

(1) The minor has been taken from the custody of his or her
parent or guardian and has been living in an out-of-home placement
pursuant to Section 319.

(2) The minor has been living in a voluntary out-of-home
placement pursuant to Section 16507.4.

begin insert

begin insert SEC. end insert begin insert 8. end insert   

end insert

begin insert Section 10601.2 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

10601.2.  

(a) The State Department of Social Services shall
establish, by April 1, 2003, the California Child and Family Service
Review System, in order to review all county child welfare systems.
These reviews shall cover child protective services, foster care,
adoption, family preservation, family support, and independent
living.

(b) Child and family service reviews shall maximize compliance
with the federal regulations for the receipt of money from Subtitle
E (commencing with Section 470) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 670 and following) and ensure
compliance with state plan requirements set forth in Subtitle B
(commencing with Section 421) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 621 and following).

(c) (1) The California Health and Human Services Agency shall
convene a workgroup comprised of representatives of the Judicial
Council, the State Department of Social Services, the State
Department of Health Care Services, the State Department of
Education, the State Department of Justice, any other state
departments or agencies the California Health and Human Services
Agency deems necessary, the County Welfare Directors
Association, the California State Association of Counties, the Chief
Probation Officers of California, the California Youth Connection,
and representatives of California tribes, interested child advocacy
organizations, researchers, and foster parent organizations. The
workgroup shall establish a workplan by which child and family
service reviews shall be conducted pursuant to this section,
including a process for qualitative peer reviews of case information.

(2) At a minimum, in establishing the workplan, the workgroup
shall consider any existing federal program improvement plans
entered into by the state pursuant to federal regulations, the
outcome indicators to be measured, compliance thresholds for each
indicator, timelines for implementation, county review cycles,
uniform processes, procedures and review instruments to be used,
a corrective action process, and any funding or staffing increases
needed to implement the requirements of this section. The agency
shall broadly consider collaboration with all entities to allow the
adequate exchange of information and coordination of efforts to
improve outcomes for foster youth and families.

(d) (1) The California Child and Family Service Review System
outcome indicators shall be consistent with the federal child and
family service review measures and standards for child and family
outcomes and system factors authorized by Subtitle B (commencing
with Section 421) and Subtitle E (commencing with Section 470)
of Title IV of the federal Social Security Act and the regulations
adopted pursuant to those provisions (Parts 1355 to 1357, inclusive,
of Title 45 of the Code of Federal Regulations).

(2) During the first review cycle pursuant to this section, each
county shall be reviewed according to the outcome indicators
established for the California Child and Family Service Review
System.

(3) For subsequent reviews, the workgroup shall consider
whether to establish additional outcome indicators that support the
federal outcomes and any program improvement plan, and promote
good health, mental health, behavioral, educational, and other
relevant outcomes for children and families in California’s child
welfare services system.

(4) The workgroup shall convene as necessary to update the
outcome indicators described in paragraph (1).

(e) The State Department of Social Services shall identify and
promote the replication of best practices in child welfare service
delivery to achieve the measurable outcomes established pursuant
to subdivision (d).

(f) The State Department of Social Services shall provide
information to the Assembly and Senate Budget Committees and
appropriate legislative policy committees annually, beginning with
the 2002-03 fiscal year, on all of the following:

(1) The department’s progress in planning for the federal child
and family service review to be conducted by the United States
Department of Health and Human Services and, upon completion
of the federal review, the findings of that review, the state’s
response to the findings, and the details of any program
improvement plan entered into by the state.

(2) The department’s progress in implementing the California
child and family service reviews, including, but not limited to, the
timelines for implementation, the process to be used, and any
funding or staffing increases needed at the state or local level to
implement the requirements of this section.

(3) The findings and recommendations for child welfare system
improvements identified in county self-assessments and county
system improvement plans, including information on common
statutory, regulatory, or fiscal barriers identified as inhibiting
system improvements, any recommendations to overcome those
barriers, and, as applicable, information regarding the allocation
and use of the moneys provided to counties pursuant to subdivision
(i).

begin insert

(4) The department’s efforts in providing guidance and technical
assistance to county welfare agencies, caregivers, and foster youth
on the sharing of foster care information and data among state
and public agencies, including the State Department of
Developmental Services, the State Department of Education, the
State Department of Health Care Services, and the State
Department of Public Health, the judiciary, local educational
agencies, foster family agencies, and foster youth caregivers, to
improve the outcomes for children in foster care.

end insert

(g) Effective April 1, 2003, the existing county compliance
review system shall be suspended to provide to the State
Department of Social Services sufficient lead time to provide
training and technical assistance to counties for the preparation
necessary to transition to the new child and family service review
system.

(h) Beginning January 1, 2004, the department shall commence
individual child and family service reviews of California counties.
County child welfare systems that do not meet the established
compliance thresholds for the outcome measures that are reviewed
shall receive technical assistance from teams made up of state and
peer-county administrators to assist with implementing best
practices to improve their performance and make progress toward
meeting established levels of compliance.

(i) (1) To the extent that funds are appropriated in the annual
Budget Act to enable counties to implement approaches to
improving their performance on the outcome indicators under this
section, the department, in consultation with counties, shall
establish a process for allocating the funds to counties.

(2) The allocation process shall take into account, at a minimum,
the extent to which the proposed funding would be used for
activities that are reasonably expected to help the county make
progress toward the outcome indicators established pursuant to
this section, and the extent to which county funding for the Child
Abuse, Prevention and Treatment program is aligned with the
outcome indicators.

(3) To the extent possible, a county shall use funds in a manner
that enables the county to access additional federal, state, and local
funds from other available sources. However, a county’s ability
to receive additional matching funds from these sources shall not
be a determining factor in the allocation process established
pursuant to this subdivision.

(4) The department shall provide information to the appropriate
committees of the Legislature on the process established pursuant
to this subdivision for allocating funds to counties.

(j) (1) Counties shall continue to be responsible for and
accountable to the department for child welfare program
performance measures, including all of the following:

(A) The outcome and systemic factor measures contained in the
federal Department of Health and Human Services Child and
Family Services Review Procedures Manual, Appendix B, Index
of Outcomes and Systemic Factors, and Associated Items and Data
Indicators, issued pursuant to Sections 1355.34(b) and 1355.34(c)
of Title 45 of the Code of Federal Regulations.

(B) Information and other requirements necessary for the
California Child and Family Service Review System, as required
pursuant to this section.

(C) Monthly caseworker visits with a child in care.

(D) Timeliness to begin an investigation of allegations of child
abuse or neglect.

(E) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), other performance measures resulting from new federal
mandates or court decrees as specified in an all-county letter issued
by the department.

(2) The department shall monitor, on an ongoing basis, county
performance on the measures specified in paragraph (1).

(3) At least once every five years, the department shall conduct
a comprehensive review of county performance on the measures
specified in paragraph (1).

(4) (A) The department shall periodically update the process
guides utilized by counties to prepare the self assessments and
system improvement plans to promote implementation and
evaluation of promising practices and use of data.

(B) The process guides also shall include, but not be limited to,
begin delete both of end delete the following:

(i) County evaluation of demographics for the children and
families served and effectiveness of the system improvement
activities for these populations.

(ii) A description of the process by which the department and
counties shall develop mutually agreed upon performance targets
for improvement.

begin insert

(iii) An overview of the process and efforts by which the
department and counties are working collaboratively with other
state and local agencies to share child welfare information and
data to improve the outcomes of children in foster care.

end insert

(5) The department, in consultation with counties, shall develop
a process for resolving any disputes regarding the establishment
of appropriate targets pursuant to the process provided in paragraph
(4).

(6) A county shall submit an update to the department, no less
than annually, on its progress in achieving improvements from the
county’s baseline for the applicable measure. The department may
require a county that has not met its performance targets to submit
and implement a corrective action plan, as determined by the
director.

(k) Beginning in the 2011-12 fiscal year, and for each fiscal
year thereafter, funding and expenditures for programs and
activities required under this section shall be in accordance with
the requirements provided in Sections 30025 and 30026.5 of the
Government Code.

begin insert

begin insert SEC. end insert begin insert 9. end insert   

end insert

begin insert Section 16010.6 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

16010.6.  

(a) As soon as a placing agency makes a decision
with respect to a placement or a change in placement of a
dependent child, but not later than the close of the following
business day, the placing agency shall notify the child’s attorney
and provide to the child’s attorney begin delete information regarding the child’s
address, telephone number, and caregiver. end delete begin insert the following
information: end insert

begin insert

(1) The child’s address and telephone number.

end insert begin insert

(2) The name and contact information of the child’s caregiver.

end insert begin insert

(3) The child’s school of enrollment and, if available, the name
and contact information of the foster youth services liaison and
the foster youth services education coordinator.

end insert

(b) (1) A placing agency shall not make a placement or a change
in placement of a child outside the United States prior to a judicial
finding that the placement is in the best interest of the child, except
as required by federal law or treaty.

(2) The placing agency shall carry the burden of proof and must
show, by clear and convincing evidence, that placement outside
the United States is in the best interest of the child.

(3) In determining the best interest of the child, the court shall
consider, but not be limited to, the following factors:

(A) Placement with a relative.

(B) Placement of siblings in the same home.

(C) Amount and nature of any contact between the child and
the potential guardian or caretaker.

(D) Physical and medical needs of the dependent child.

(E) Psychological and emotional needs of the dependent child.

(F) Social, cultural, and educational needs of the dependent
child.

(G) Specific desires of any dependent child who is 12 years of
age or older.

(4) If the court finds that a placement outside the United States
is, by clear and convincing evidence, in the best interest of the
child, the court may issue an order authorizing the placing agency
to make a placement outside the United States. A child subject to
this subdivision shall not leave the United States prior to the
issuance of the order described in this paragraph.

(5) For purposes of this subdivision, “outside the United States”
shall not include the lands of any federally recognized American
Indian tribe or Alaskan Natives.

(6) This section shall not apply to the placement of a dependent
child with a parent.

(c) Absent exigent circumstances, as soon as a placing agency
becomes aware of the need for a change in placement of a
dependent child that will result in the separation of siblings
currently placed together, the placing agency shall notify the child’s
attorney and the child’s siblings’ attorney of this proposed
separation no less than 10 calendar days prior to the planned change
of placement so that the attorneys may investigate the
circumstances of the proposed separation. If the placing agency
first becomes aware, by written notification from a foster family
agency, group home, or other foster care provider, of the need for
a change in placement for a dependent child that will result in the
separation of siblings currently placed together, and that the child
or children shall be removed within seven days, then notice shall
be provided to the attorneys by the end of the next business day
after the receipt of notice from the provider. In an emergency, the
placing agency shall provide notice as soon as possible, but no
later than the close of the first business day following the change
of placement. This notification shall be deemed sufficient notice
for the purposes of subdivision (a).

(d) When the required notice is given prior to a change in
placement, the notice shall include information regarding the
child’s address, telephone number, begin delete and end delete caregiver begin insert , and school of
enrollment, end insert or any one or more of these items of information to
the extent that this information is known at the time that the placing
agency provides notice to the child’s attorney. When the required
notice is given after the change in placement, notice shall include
information regarding the child’s address, telephone number, begin delete and end delete
caregiver begin insert , and school of enrollment end insert .

begin insert

(e) As soon as a placing agency makes a decision with respect
to a placement or a change in placement of a dependent child, the
placing agency shall, within two business days of the placement,
do the following:

end insert begin insert

(1) Notify the school district of enrollment’s foster youth liaison,
as established by Section 48853.5 of the Education Code, and the
foster youth educational services coordinator, established by
Section 42921 of the Education Code, that the child is or will be
enrolled in their local educational agency, and the name and
contact information of the child’s educational rights holder.

end insert begin insert

(2) Enter into the Child Welfare Services Case Management
System, established pursuant to Section 16501.6, the child’s school
and school district of enrollment, the name of the school district
of enrollment’s foster youth liaison, foster youth educational
services coordinator, and the child’s educational rights holder.

end insert begin delete

(e)

end delete

begin insert ( end insert begin insert f) end insert  The Judicial Council shall adopt a rule of court directing the
attorney for a child for whom a dependency petition has been filed,
upon receipt from the agency responsible for placing the child of
the name, address, and telephone number of the child’s caregiver,
to timely provide the attorney’s contact information to the caregiver
and, if the child is 10 years of age or older, to the child. This rule
does not preclude an attorney from giving contact information to
a child who is younger than 10 years of age.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 16010.7 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 16010.7. end insert   

(a) It is the intent of the Legislature that county
welfare agencies and local educational agencies work closely
together in a collaborative manner to help provide for and improve
the educational outcomes of children in foster care.

(b) To help maintain a level of communication between county
welfare agencies and local agencies, county welfare agencies shall
annually provide the names and contact information for foster
youth caseworkers to their respective county offices of education
foster youth services liaisons and foster youth educational service
coordinators by July 1 of each year.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 16206 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

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 begin insert ,
but not be limited to, end insert 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 begin insert , including the educational stability of the
child as required by Section 475 of the federal Social Security Act
(42 U.S.C. Sec. 675) end insert .

(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.

begin insert

(14) Information and data sharing relating to working
collaboratively with other state and local agencies.

end insert

(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 in each county shall assess the
program’s performance at least annually and forward it to the State
Department of Social Services for an evaluation. The assessment
shall include, at a minimum, all of the following:

(1) Workforce data, including education, qualifications, and
demographics.

(2) The number of persons trained.

(3) The type of training provided.

(4) The degree to which the training is perceived by participants
as useful in practice.

(5) Any additional information or data deemed necessary by
the department for reporting, oversight, and monitoring purposes.

(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. 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.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 16501.1 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

16501.1.  

(a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is
the case plan.

(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child
and parents or other caretakers, as appropriate, in order to improve
conditions in the parent’s home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and
to address the needs of the child while in foster care.

(b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.

(2) In determining the reasonable services to be offered or
provided, the child’s health and safety shall be the paramount
concerns.

(3) Upon a determination pursuant to paragraph (1) of
subdivision (e) of Section 361.5 that reasonable services will be
offered to a parent who is incarcerated in a county jail or state
prison, detained by the United States Department of Homeland
Security, or deported to his or her country of origin, the case plan
shall include information, to the extent possible, about a parent’s
incarceration in a county jail or the state prison, detention by the
United States Department of Homeland Security, or deportation
during the time that a minor child of that parent is involved in
dependency care.

(4) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.

(5) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete
all steps necessary to finalize the permanent placement of the child.

(c) (1) If out-of-home placement is used to attain case plan
goals, the case plan shall include a description of the type of home
or institution in which the child is to be placed, and the reasons
for that placement decision. The decision regarding choice of
placement shall be based upon selection of a safe setting that is
the least restrictive or most familylike and the most appropriate
setting that is available and in close proximity to the parent’s home,
proximity to the child’s school, and consistent with the selection
of the environment best suited to meet the child’s special needs
and best interests. The selection shall consider, in order of priority,
placement with relatives, nonrelated extended family members,
tribal members, and foster family homes, certified homes of foster
family agencies, intensive treatment or multidimensional treatment
foster care homes, group care placements, such as group homes
and community treatment facilities, and residential treatment
pursuant to Section 7950 of the Family Code.

(2) If a group care placement is selected for a child, the case
plan shall indicate the needs of the child that necessitate this
placement, the plan for transitioning the child to a less restrictive
environment, and the projected timeline by which the child will
be transitioned to a less restrictive environment. This section of
the case plan shall be reviewed and updated at least semiannually.

(3) On or after January 1, 2012, for a nonminor dependent, as
defined in subdivision (v) of Section 11400, who is receiving
AFDC-FC benefits up to 21 years of age pursuant to Section 11403,
in addition to the above requirements, the selection of the
placement, including a supervised independent living placement,
as described in subdivision (w) of Section 11400, shall also be
based upon the developmental needs of young adults by providing
opportunities to have incremental responsibilities that prepare a
nonminor dependent to transition to independent living. If
admission to, or continuation in, a group home placement is being
considered for a nonminor dependent, the group home placement
approval decision shall include a youth-driven, team-based case
planning process, as defined by the department, in consultation
with stakeholders. The case plan shall consider the full range of
placement options, and shall specify why admission to, or
continuation in, a group home placement is the best alternative
available at the time to meet the special needs or well-being of the
nonminor dependent, and how the placement will contribute to the
nonminor dependent’s transition to independent living. The case
plan shall specify the treatment strategies that will be used to
prepare the nonminor dependent for discharge to a less restrictive
and more familylike setting, including a target date for discharge
from the group home placement. The placement shall be reviewed
and updated on a regular, periodic basis to ensure that continuation
in the group home remains in the best interests of the nonminor
dependent and that progress is being made in achieving case plan
goals leading to independent living. The group home placement
planning process shall begin as soon as it becomes clear to the
county welfare department or probation office that a foster child
in group home placement is likely to remain in group home
placement on his or her 18th birthday, in order to expedite the
transition to a less restrictive and more familylike setting if he or
she becomes a nonminor dependent. The case planning process
shall include informing the youth of all of his or her options,
including, but not limited to, admission to or continuation in a
group home placement. Consideration for continuation of existing
group home placement for a nonminor dependent under 19 years
of age may include the need to stay in the same placement in order
to complete high school. After a nonminor dependent either
completes high school or attains his or her 19th birthday, whichever
is earlier, continuation in or admission to a group home is
prohibited unless the nonminor dependent satisfies the conditions
of paragraph (5) of subdivision (b) of Section 11403, and group
home placement functions as a short-term transition to the
appropriate system of care. Treatment services provided by the
group home placement to the nonminor dependent to alleviate or
ameliorate the medical condition, as described in paragraph (5) of
subdivision (b) of Section 11403, shall not constitute the sole basis
to disqualify a nonminor dependent from the group home
placement.

(4) In addition to the requirements of paragraphs (1) to (3),
inclusive, and taking into account other statutory considerations
regarding placement, the selection of the most appropriate home
that will meet the child’s special needs and best interests shall also
promote educational stability by taking into consideration
proximity to the child’s school of origin, and school attendance
area, the number of school transfers the child has previously
experienced, and the child’s school matriculation schedule, in
addition to other indicators of educational stability that the
Legislature hereby encourages the State Department of Social
Services and the State Department of Education to develop.

(d) A written case plan shall be completed within a maximum
of 60 days of the initial removal of the child or of the in-person
response required under subdivision (f) of Section 16501 if the
child has not been removed from his or her home, or by the date
of the dispositional hearing pursuant to Section 358, whichever
occurs first. The case plan shall be updated, as the service needs
of the child and family dictate. At a minimum, the case plan shall
be updated in conjunction with each status review hearing
conducted pursuant to Sections 364, 366, 366.3, and 366.31, and
the hearing conducted pursuant to Section 366.26, but no less
frequently than once every six months. Each updated case plan
shall include a description of the services that have been provided
to the child under the plan and an evaluation of the appropriateness
and effectiveness of those services.

(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child’s family, as well as the input of relatives and other
interested parties.

(2) The extension of the maximum time available for preparing
a written case plan from the 30 to 60 days shall be effective 90
days after the date that the department gives counties written notice
that necessary changes have been made to the Child Welfare
Services Case Management System to account for the 60-day
timeframe for preparing a written case plan.

(e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings
requirements pursuant to Article 6 (commencing with Section 300)
of Chapter 2 of Part 1 of Division 2.

(f) The case plan shall be developed as follows:

(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention.
The child shall be involved in developing the case plan as age and
developmentally appropriate.

(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.

(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.

(4) The case plan shall include a description of the schedule of
the placement agency contacts with the child and the family or
other caretakers. The frequency of these contacts shall be in
accordance with regulations adopted by the State Department of
Social Services. If the child has been placed in foster care out of
state, the county social worker or probation officer, or a social
worker or probation officer on the staff of the agency in the state
in which the child has been placed, shall visit the child in a foster
family home or the home of a relative, consistent with federal law
and in accordance with the department’s approved state plan. For
children in out-of-state group home facilities, visits shall be
conducted at least monthly, pursuant to Section 16516.5. At least
once every six months, at the time of a regularly scheduled
placement agency contact with the foster child, the child’s social
worker or probation officer shall inform the child of his or her
rights as a foster child, as specified in Section 16001.9. The social
worker or probation officer shall provide the information to the
child in a manner appropriate to the age or developmental level of
the child.

(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.

(B) Information regarding any court-ordered visitation between
the child and the natural parents or legal guardians, and the terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child’s out-of-home
caregiver as soon as possible after the court order is made.

(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of Section
16002. If appropriate, when siblings who are dependents of the
juvenile court are not placed together, the social worker for each
child, if different, shall communicate with each of the other social
workers and ensure that the child’s siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a particular
case to keep siblings informed of significant life events that occur
within the extended family, the social worker shall determine the
appropriate means and setting for disclosure of this information
to the child commensurate with the child’s age and emotional
well-being. These significant life events shall include, but shall
not be limited to, the following:

(A) The death of an immediate relative.

(B) The birth of a sibling.

(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.

(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child’s parent or out of
state, the case plan shall specify the reasons why that placement
is in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in
addition, specify compliance with Section 7911.1 of the Family
Code.

(8)  begin delete Effective January 1, 2010, a end delete begin insert A end insert case plan shall ensure the
educational stability of the child while in foster care and shall
include begin delete both of end delete the following:

(A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of placement.

(B) An assurance that the placement agency has coordinated
with the person holding the right to make educational decisions
for the child and appropriate local educational agencies to ensure
that the child remains in the school in which the child is enrolled
at the time of placement or, if remaining in that school is not in
the best interests of the child, assurances by the placement agency
and the local educational agency to provide immediate and
appropriate enrollment in a new school and to provide all of the
child’s educational records to the new school.

begin insert

(C) The school and school district of enrollment of the child
and a description of the child’s educational progress, attendance,
and any other relevant educational information deemed necessary
by the social worker.

end insert

(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption,
the case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and
any of the child’s siblings. This recommendation shall include a
statement regarding the child’s and the siblings’ willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child’s siblings.

(B) Information regarding the schedule and frequency of the
visits between the child and siblings, as well as any court-ordered
terms and conditions needed to facilitate the visits while protecting
the safety of the child, shall be provided to the child’s out-of-home
caregiver as soon as possible after the court order is made.

(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.

(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason
or reasons why termination of parental rights is not in the child’s
best interest. A determination completed or updated within the
past 12 months by the department when it is acting as an adoption
agency or by a licensed adoption agency that it is unlikely that the
child will be adopted, or that one of the conditions described in
paragraph (1) of subdivision (c) of Section 366.26 applies, shall
be deemed a compelling reason.

(12) (A) Parents and legal guardians shall have an opportunity
to review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In a voluntary service or placement
agreement, the parents or legal guardians shall be required to
review and sign the case plan. Whenever possible, parents and
legal guardians shall participate in the development of the case
plan. Commencing January 1, 2012, for nonminor dependents, as
defined in subdivision (v) of Section 11400, who are receiving
AFDC-FC or CalWORKs assistance up to 21 years of age pursuant
to Section 11403, the transitional independent living case plan, as
set forth in subdivision (y) of Section 11400, shall be developed
with, and signed by, the nonminor.

(B) Parents and legal guardians shall be advised that, pursuant
to Section 1228.1 of the Evidence Code, neither their signature on
the child welfare services case plan nor their acceptance of any
services prescribed in the child welfare services case plan shall
constitute an admission of guilt or be used as evidence against the
parent or legal guardian in a court of law. However, they shall also
be advised that the parent’s or guardian’s failure to cooperate,
except for good cause, in the provision of services specified in the
child welfare services case plan may be used in any hearing held
pursuant to Section 366.21, 366.22, or 366.25 as evidence.

(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of
age or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.

(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.

(15) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child’s wishes regarding their permanent
placement plan and an assessment of those stated wishes. The
agency shall also include documentation of the steps the agency
is taking to find an adoptive family or other permanent living
arrangements for the child; to place the child with an adoptive
family, an appropriate and willing relative, a legal guardian, or in
another planned permanent living arrangement; and to finalize the
adoption or legal guardianship. At a minimum, the documentation
shall include child-specific recruitment efforts, such as the use of
state, regional, and national adoption exchanges, including
electronic exchange systems, when the child has been freed for
adoption. If the plan is for kinship guardianship, the case plan shall
document how the child meets the kinship guardianship eligibility
requirements.

(16) (A) When appropriate, for a child who is 16 years of age
or older and, commencing January 1, 2012, for a nonminor
dependent, the case plan shall include the transitional independent
living plan (TILP), a written description of the programs and
services that will help the child, consistent with the child’s best
interests, to prepare for the transition from foster care to
independent living, and, in addition, whether the youth has an
in-progress application pending for Title XVI Supplemental
Security Income benefits or for Special Immigrant Juvenile Status
or other applicable application for legal residency and an active
dependency case is required for that application. When appropriate,
for a nonminor dependent, the transitional independent living case
plan, as described in subdivision (v) of Section 11400, shall include
the TILP, a written description of the programs and services that
will help the nonminor dependent, consistent with his or her best
interests, to prepare for transition from foster care and assist the
youth in meeting the eligibility criteria set forth in paragraphs (1)
to (5), inclusive, of subdivision (b) Section 11403. If applicable,
the case plan shall describe the individualized supervision provided
in the supervised independent living placement as defined in
subdivision (w) of Section 11400. The case plan shall be developed
with the child or nonminor dependent and individuals identified
as important to the child or nonminor dependent, and shall include
steps the agency is taking to ensure that the child or nonminor
dependent achieves permanence, including maintaining or
obtaining permanent connections to caring and committed adults.

(B) During the 90-day period prior to the participant attaining
18 years of age or older as the state may elect under Section
475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec.
675(8)(B)(iii)), whether during that period foster care maintenance
payments are being made on the child’s behalf or the child is
receiving benefits or services under Section 477 of the federal
Social Security Act (42 U.S.C. Sec. 677), a caseworker or other
appropriate agency staff or probation officer and other
representatives of the participant, as appropriate, shall provide the
youth or nonminor with assistance and support in developing the
written 90-day transition plan, that is personalized at the direction
of the child, information as detailed as the participant elects that
shall include, but not be limited to, options regarding housing,
health insurance, education, local opportunities for mentors and
continuing support services, and workforce supports and
employment services, a power of attorney for health care, and
information regarding the advance health care directive form.

(C) For youth 16 years of age or older, the case plan shall
include documentation that a consumer credit report was requested
annually from each of the three major credit reporting agencies at
no charge to the youth and that any results were provided to the
youth. For nonminor dependents, the case plan shall include
documentation that the county assisted the nonminor dependent
in obtaining his or her reports. The case plan shall include
documentation of barriers, if any, to obtaining the credit reports.
If the consumer credit report reveals any accounts, the case plan
shall detail how the county ensured the youth received assistance
with interpreting the credit report and resolving any inaccuracies,
including any referrals made for the assistance.

(g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been
consented to, the court shall order that the child or the child’s
siblings, the child’s current caregiver, and the child’s prospective
adoptive parents, if applicable, be provided with information
necessary to accomplish this visitation. This section does not
require or prohibit the social worker’s facilitation, transportation,
or supervision of visits between the child and his or her siblings.

(h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management
System is implemented on a statewide basis.

(i) When a child is 10 years of age or older and has been in
out-of-home placement for six months or longer, the case plan
shall include an identification of individuals, other than the child’s
siblings, who are important to the child and actions necessary to
maintain the child’s relationship with those individuals, provided
that those relationships are in the best interest of the child. The
social worker or probation officer shall ask every child who is 10
years of age or older and who has been in out-of-home placement
for six months or longer to identify individuals other than the
child’s siblings who are important to the child, and may ask any
other child to provide that information, as appropriate. The social
worker or probation officer shall make efforts to identify other
individuals who are important to the child, consistent with the
child’s best interests.

(j) The child’s caregiver shall be provided a copy of a plan
outlining the child’s needs and services. The nonminor dependent’s
caregiver shall be provided with a copy of the nonminor’s TILP.

(k) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association of California and
other advocates, shall develop a comprehensive plan to ensure that
90 percent of foster children are visited by their caseworkers on a
monthly basis by October 1, 2011, and that the majority of the
visits occur in the residence of the child. The plan shall include
any data reporting requirements necessary to comply with the
provisions of the federal Child and Family Services Improvement
Act of 2006 (Public Law 109-288).

(l) The implementation and operation of the amendments to
subdivision (i) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase,
as provided in Section 366.35.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 16501.4 is added to the end insert begin insert Welfare and
Institutions Code end insert begin insert , to read: end insert

begin insert

begin insert 16501.4. end insert   

(a) The Legislature finds and declares all of the
following:

(1) Children in foster care face unique challenges due to the
array of services and programs provided by numerous local
agencies. During their time in foster care, a child can interact with
10 or more individuals representing different public agencies and
interests where each comes with their own programmatic services
requirements and legal protections concerning confidentiality for
children, families, and their caregivers.

(2) Acknowledging the complexity and the array of programs
and services that deal with personal and confidential information
in order to provide effective services to children in foster care,
there is a great need to allow for fully informed decisions and
timely access to information to meet the needs of children, families,
and their caregivers.

(3) Within the structure of federal, state, and local privacy and
confidentiality laws, it is important to improve the collaboration
among the systems that serve children, families, and caregivers,
including the child welfare, public education, public safety, and
judicial systems. State and local agencies should make every effort
to work within existing privacy and confidentiality laws to share
foster care information and data.

(4) Through the exchange of information and data between
these systems there exists the potential to improve collaboration,
reduce redundancies, and increase administrative efficiencies to
enhance the delivery of services with the goal of improving
outcomes for children in foster care.

(5) It is in the best interest of public policy that foster care case
level information and statewide data is shared across government
jurisdictions to improve services and outcomes for foster youth,
to improve the development of research and data analysis, and,
to improve informed policy decisionmaking while ensuring
confidentiality and legal protections for children, families, and
caregivers.

(6) State and local agencies that provide for and serve children
in foster care are strongly encouraged to work collaboratively
together to enable the sharing of information and data of children
in foster care to improve the coordination of services for, and to
improve the outcomes of, children in foster care.

(7) Any efforts to pursue foster care information and data
sharing should include the involvement of current and former
foster youth to inform appropriate user roles and responsibilities
and to be sensitive and responsive to when and how information
and data should be shared.

(8) State and local agencies are encouraged to take advantage
of existing and developing technologies to establish interagency
information and data systems to provide for improved information
and data sharing among agencies serving children in foster care,
their families, and caregivers. They are also encouraged to develop
and participate in information and data sharing training programs
to help ensure the operation, fidelity, and success of interagency
data systems related to children in foster care.

(b) To better enable and allow for the sharing of information
and data to improve outcomes for children in foster care, no later
than August 1, 2015, the Child Welfare Council, established
pursuant to Section 16540, shall develop the following:

(1) A model data and information memorandum of
understanding in consultation with the Administrative Office of
the Courts, the State Department of Education, the State
Department of Health Care Services, the State Department of
Social Services, the Department of Justice’s Privacy Enforcement
and Protection Unit, the state foster care ombudsperson, county
welfare agencies, local educational agencies, foster youth and
educational advocacy organizations, including youth-based foster
youth organizations, and the public, that may be used by local
county health and human services agencies, probation agencies,
local educational agencies, and county courts to facilitate the
sharing of foster care information and data. The model
memorandum of understanding shall include, but not be limited
to, the following data and information sharing principles and
requirements:

(A) Individual level information shall only be shared if it benefits
the outcomes of the foster youth.

(B) Specifies how information and data is maintained, disclosed,
sealed, and destroyed, especially after a youth has exited the child
welfare system.

(C) Prohibits information and data from being used to the
detriment of the child.

(D) Identifies necessary legal confidentiality and privacy
requirements, including whether consent is required in specific
circumstances.

(E) Identifies necessary user roles and responsibilities relating
to data and information access.

(F) Provides distinctions between the sharing of individual case
level information and aggregate level data sharing.

(2) A foster care data and information sharing best practices
resource guide which shall include, but not be limited to, the
following:

(A) A review of available foster care data and information that
state and local agencies collect that should be shared.

(B) An overview of confidentiality and privacy laws and
recommendations on what types foster care-related information
and data can and should be shared safely and securely.

(C) Recommendations on user-based roles and protocol
responsibilities.

(D) Common data definitions on information and data shared
among public agencies.

(E) Distinguish principles and protocols between the sharing
of aggregate level data and individual level personally identifiable
information.

(F) How children in foster care can proactively participate, and
how their information and data is shared among individuals and
agencies responsible for providing them care.

(c) The Child Welfare Council may accept funds donated by
third-party nonprofit organizations and philanthropic foundations
to support the development of the model memorandum of
understanding described in paragraph (1) of, and the resource
guide described in paragraph (2) of, subdivision (b).

(d) The Superintendent of Public Instruction, the Secretary of
the Health and Human Services Agency, and the Administrative
Office of the Courts shall jointly issue a letter notifying local
educational agencies and county health and human services
agencies of the model memorandum of understanding electronically
to all county health and human services agencies, local educational
agencies, and courts no later than September 1, 2015.

(e) No later than January 1, 2016, child welfare and probation
agencies, juvenile courts, and local educational agencies in each
county shall enter into a memorandum of understanding for
purposes of enabling the sharing of foster care information and
data to better coordinate and collaborate the provision of child
welfare and educational services with the goal of improving the
outcomes of children in foster care.

end insert

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 16501.5 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

16501.5.  

(a) In order to protect children and effectively
administer and evaluate California’s Child Welfare Services and
Foster Care programs, the department shall implement a single
statewide Child Welfare Services Case Management System no
later than July 1, 1993.

(b) It is the intent of the Legislature in developing and
implementing a statewide Child Welfare Services Case
Management System to minimize the administrative and systems
barriers which inhibit the effective provision of services to children
and families by applying current technology to the systems which
support the provision and management of child welfare services.
Therefore, it is the intent of the Legislature that the Child Welfare
Services Case Management System achieve all of the following:

(1) Provide child welfare services workers with immediate
access to child and family specific information in order to make
appropriate and expeditious case decisions.

(2) Provide child welfare services workers with the case
management information needed to effectively and efficiently
manage their caseloads and take appropriate and timely case
management begin delete actions. end delete begin insert actions end insert begin insert , which shall include, but not be
limited to, the following: end insert

begin insert

(A)  The school and school district of enrollment.

end insert begin insert

(B) To the extent possible, the name and contact information of
the school district of enrollment’s foster youth services liaison, as
established by Section 48853.5 of the Education Code, and the
foster youth educational services coordinator, as established by
Section 42921 of the Education Code.

end insert

(3) Provide state and county child welfare services management
with the information needed to monitor and evaluate the
accomplishment of child welfare services tasks and goals.

(4) Provide all child welfare services agencies with a common
data base and definition of information from which to evaluate the
child welfare services programs in terms of the following:

(A) Effectiveness in meeting statutory and regulatory mandates,
goals, and objectives of the programs.

(B) Effectiveness in meeting the needs of the families and
children serviced by the program.

(C) Projecting and planning for the future needs of the families
and children served by the program.

(5) Meeting federal statistical reporting requirements with a
minimum of duplication of effort.

(6) Consolidate the collection and reporting of information for
those programs which are closely related to child welfare services,
including foster care and emergency assistance.

(7) Utilize the child welfare services functionality defined in
current and planned automated systems as the foundation for the
development of the technical requirements for the Child Welfare
Services Case Management System.

(c) It is the intent of the Legislature that the Child Welfare
Services Case Management System shall provide the required
comprehensive and detailed individual county data needed by the
department to implement and monitor the performance standards
system.

begin insert

begin insert SEC. 15. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation to improve and enhance the ability to share foster care
information and data to improve outcomes for youth in foster care.

end delete