AB 2391, as introduced, Ian Calderon. Dependent children: placement.
Under existing law, a child who is removed from the physical custody of his or her parent or parents in dependency proceedings may be placed with a parent, relative, legal guardian, or other specified persons or in specified placement homes or facilities. Existing law gives preferential consideration to a request by a relative of the dependant child for placement of the child with the relative, as specified. Existing law requires the county social worker and the court to consider certain factors in determining whether placement with a relative is appropriate, including, among others, the best interest of the child and the nature and duration of the relationship between the child and the relative, as specified. Existing law requires that, subsequent to a specified hearing on the proper disposition to be made of the child, whenever a new placement of the child must be made, consideration for placement to again be given to relatives who have not been found to be unsuitable and who will fulfill the child’s reunification or permanent plan requirements.
This bill would instead provide that subsequent to the disposition hearing described above and throughout the reunification period, consideration for placement shall again be given to relatives who have not been found to be unsuitable and who will fulfill the child’s reunification or permanent plan requirements. By increasing the duties of county social workers, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 361.3 of the Welfare and Institutions
2Code is amended to read:
(a) In any case in which a child is removed from the
4physical custody of his or her parents pursuant to Section 361,
5preferential consideration shall be given to a request by a relative
6of the child for placement of the child with the relative, regardless
7of the relative’s immigration status. In determining whether
8placement with a relative is appropriate, the county social worker
9and court shall consider, but shall not be limited to, consideration
10of all the following factors:
11(1) The best interest of the child, including special physical,
12psychological, educational, medical, or emotional needs.
13(2) The wishes of the parent, the relative, and child, if
14appropriate.
15(3) The provisions of Part 6 (commencing with Section 7950)
16of Division 12 of the Family Code regarding relative placement.
17(4) Placement of siblings and half siblings in the same home,
18if that placement is found to be in the best interest of each of the
19children as provided in Section 16002.
20(5) The good moral character of the relative and any other adult
21living in the home, including whether any individual residing in
22the home has a prior history of violent criminal acts or has been
23responsible for acts of child abuse or neglect.
P3 1(6) The nature and duration of the relationship between the child
2and the relative, and the relative’s desire to care for, and to provide
3legal permanency for, the child if reunification is unsuccessful.
4(7) The ability of the relative to do the following:
5(A) Provide a safe, secure, and stable environment for the child.
6(B) Exercise proper and effective care and control of the child.
7(C) Provide a home and the necessities of life for the child.
8(D) Protect the child from his or her parents.
9(E) Facilitate court-ordered reunification efforts with the parents.
10(F) Facilitate visitation with the child’s other relatives.
11(G) Facilitate implementation of all elements of the case plan.
12(H) Provide legal permanence for the child if reunification fails.
13However, any finding made with respect to the factor considered
14pursuant to this subparagraph and pursuant to subparagraph (G)
15shall not be the sole basis for precluding preferential placement
16with a relative.
17(I) Arrange for appropriate and safe child care, as necessary.
18(8) The safety of the relative’s home. For a relative to be
19considered appropriate to receive placement of a child under this
20section, the relative’s home shall first be approved pursuant to the
21process and standards described in subdivision (d) of Section 309.
22In this regard, the Legislature declares that a physical disability,
23such as blindness or deafness, is no bar to the raising of children,
24and a
county social worker’s determination as to the ability of a
25disabled relative to exercise care and control should center upon
26whether the relative’s disability prevents him or her from exercising
27care and control. The court shall order the parent to disclose to the
28county social worker the names, residences, and any other known
29identifying information of any maternal or paternal relatives of
30the child. This inquiry shall not be construed, however, to guarantee
31that the child will be placed with any person so identified. The
32county social worker shall initially contact the relatives given
33preferential consideration for placement to determine if they desire
34the child to be placed with them. Those desiring placement shall
35be assessed according to the factors enumerated in this subdivision.
36The county social worker shall document these efforts in the social
37study prepared pursuant to Section 358.1. The court shall authorize
38the county social worker, while assessing these relatives for the
39possibility of
placement, to disclose to the relative, as appropriate,
40the fact that the child is in custody, the alleged reasons for the
P4 1custody, and the projected likely date for the child’s return home
2or placement for adoption or legal guardianship. However, this
3investigation shall not be construed as good cause for continuance
4of the dispositional hearing conducted pursuant to Section 358.
5(b) In any case in which more than one appropriate relative
6requests preferential consideration pursuant to this section, each
7relative shall be considered under the factors enumerated in
8subdivision (a).
9(c) For purposes of this section:
10(1) “Preferential consideration” means that the relative seeking
11placement shall be the first placement to be considered and
12investigated.
13(2) “Relative” means an adult who is related to the child by
14blood, adoption, or affinity within the fifth degree of kinship,
15including stepparents, stepsiblings, and all relatives whose status
16is preceded by the words “great,” “great-great,” or “grand,” or the
17spouse of any of these persons even if the marriage was terminated
18by death or dissolution. However, only the following relatives
19shall be given preferential consideration for the placement of the
20child: an adult who is a grandparent, aunt, uncle, or sibling.
21(d) Subsequent to the hearing conducted pursuant to Section
22begin delete 358, whenever a new placement of the child must be made,end deletebegin insert 358
23and throughout the reunification period,end insert consideration for
24placement shall again be given as described in this
section to
25relatives who have not been found to be unsuitable and who will
26fulfill the child’s reunification or permanent plan requirements. In
27addition to the factors described in subdivision (a), the county
28social worker shall consider whether the relative has established
29and maintained a relationship with the child.
30(e) If the court does not place the child with a relative who has
31been considered for placement pursuant to this section, the court
32shall state for the record the reasons placement with that relative
33was denied.
34(f) (1) With respect to a child who satisfies the criteria set forth
35in paragraph (2), the department and any licensed adoption agency
36may search for a relative and furnish identifying information
37relating to the child to that relative if it is believed the child’s
38welfare will be promoted thereby.
39(2) Paragraph (1) shall apply if both of the following conditions
40are satisfied:
P5 1(A) The child was previously a dependent of the court.
2(B) The child was previously adopted and the adoption has been
3disrupted, set aside pursuant to Section 9100 or 9102 of the Family
4Code, or the child has been released into the custody of the
5department or a licensed adoption agency by the adoptive parent
6or parents.
7(3) As used in this subdivision, “relative” includes a member
8of the child’s birth family and nonrelated extended family
9members, regardless of whether the parental rights were terminated,
10provided that both of the following are true:
11(A) No appropriate potential caretaker is known to exist from
12
the child’s adoptive family, including nonrelated extended family
13members of the adoptive family.
14(B) The child was not the subject of a voluntary relinquishment
15by the birth parents pursuant to Section 8700 of the Family Code
16or Section 1255.7 of the Health and Safety Code.
If the Commission on State Mandates determines that
18this act contains costs mandated by the state, reimbursement to
19local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.
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