Amended in Senate April 29, 2014

Senate Bill No. 1099

Introduced by Senator Steinberg

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(Coauthors: Senators Anderson, Beall, Cannella, and Correa)

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(Coauthors: Assembly Members Achadjian, Bonta, Chávez, Chesbro, Frazier, Lowenthal, Medina, Nestande, Quirk, Weber, and Yamada)

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February 19, 2014

An act to amend Sections 358.1, 361.2, 362.1, 366, 366.1, 366.3, 388, and 16002 of the Welfare and Institutions Code, relating to dependent children.

LEGISLATIVE COUNSEL’S DIGEST

SB 1099, as amended, Steinberg. Dependent children: sibling visitation.

(1) Under existing law, a child may come within the jurisdiction of the juvenile court and become a dependent child of the court in certain cases, including when the child is abused, a parent or guardian fails to adequately supervise or protect the child, as specified, or a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment.

Existing law permits any person to petition the juvenile court to assert a sibling relationship with a dependent child or a child who is the subject of a petition for adjudication as a dependent child and begin delete request end delete begin insert make end insert certain requests, including a request for visitation with the dependent child.

This bill would also authorize a dependent child or a nonminor dependent to request visitation with a sibling who is in the physical custody of a common legal or biological parent. The bill would begin delete require end delete begin insert authorize end insert a court to grant those requests for visitation unless it is begin delete shown by clear and convincing evidence end delete begin insert determined by the court end insert that visitation is contrary to the safety and well-being of any of the siblings.

(2) Existing law requires, in order to maintain ties between the parent or guardian and any siblings and a child placed in foster care, an order placing a child in foster care and ordering reunification services to provide for visitation between the parent or guardian and the child and for visitation between any siblings and the child.

This bill would additionally require an order placing a child in foster care and ordering reunification services to provide for review of the reasons for any suspension of sibling visitation at each periodic review hearing and for a requirement that, in order for the suspension to continue, a court make a renewed finding that sibling interaction is contrary to the safety or well-being of either child.

(3) Existing law requires that the status of a dependent child in foster care be reviewed periodically, but no less frequently than once every 6 months. Existing law requires a court to determine specified information at that hearing, including whether the child has any siblings under the court’s jurisdiction, and, if any siblings exist and are not placed with the child, the frequency and nature of the visits between siblings.

Existing law requires a social worker or child advocate appointed by the court, when preparing certain social studies or evaluations, to include specified information, including whether the child has any siblings under the court’s jurisdiction, and, if any siblings exist and are not placed with the child, the frequency and nature of the visits between siblings.

This bill would additionally require, if any siblings exist and are not placed with the child, the court to determine, and require a social worker or child advocate appointed by the court to include in those social studies or evaluations, whether any visits between the siblings are supervised or unsupervised, and if visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised, a description of the location and length of any visits, and any plan to increase visitation between siblings. By requiring county social workers to include additional information in certain social studies or evaluations, this bill would impose a state-mandated local program.

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 358.1 of the Welfare and Institutions
Code is amended to read:

358.1.  

Each social study or evaluation made by a social worker
or child advocate appointed by the court, required to be received
in evidence pursuant to Section 358, shall include, but not be
limited to, a factual discussion of each of the following subjects:

(a) Whether the county welfare department or social worker has
considered child protective services, as defined in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9, as a
possible solution to the problems at hand, and has offered these
services to qualified parents if appropriate under the circumstances.

(b) What plan, if any, for return of the child to his or her parents
and for achieving legal permanence for the child if efforts to reunify
fail, is recommended to the court by the county welfare department
or probation officer.

(c) Whether the best interests of the child will be served by
granting reasonable visitation rights with the child to his or her
grandparents, in order to maintain and strengthen the child’s family
relationships.

(d) (1) Whether the child has siblings under the court’s
jurisdiction, and, if any siblings exist, all of the following:

(A) The nature of the relationship between the child and his or
her siblings.

(B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.

(C) If the siblings are not placed together in the same home,
why the siblings are not placed together and what efforts are being
made to place the siblings together, or why those efforts are not
appropriate.

(D) If the siblings are not placed together, all of the following:

(i) The frequency and nature of the visits between the siblings.

(ii) If there are visits between the siblings, whether the visits
are supervised or unsupervised. If the visits are supervised, a
discussion of the reasons why the visits are supervised, and what
needs to be accomplished in order for the visits to be unsupervised.

(iii) If there are visits between the siblings, a description of the
location and length of the visits.

(iv) Any plan to increase visitation between the siblings.

(E) The impact of the sibling relationships on the child’s
placement and planning for legal permanence.

(2) The factual discussion shall include a discussion of indicators
of the nature of the child’s sibling relationships, including, but not
limited to, whether the siblings were raised together in the same
home, whether the siblings have shared significant common
experiences or have existing close and strong bonds, whether either
sibling expresses a desire to visit or live with his or her sibling, as
applicable, and whether ongoing contact is in the child’s best
emotional interest.

(e) If the parent or guardian is unwilling or unable to participate
in making an educational decision for his or her child, or if other
circumstances exist that compromise the ability of the parent or
guardian to make educational decisions for the child, the county
welfare department or social worker shall consider whether the
right of the parent or guardian to make educational decisions for
the child should be limited. If the study or evaluation makes that
recommendation, it shall identify whether there is a responsible
adult available to make educational decisions for the child pursuant
to Section 361.

(f) Whether the child appears to be a person who is eligible to
be considered for further court action to free the child from parental
custody and control.

(g) Whether the parent has been advised of his or her option to
participate in adoption planning, including the option to enter into
a postadoption contact agreement as described in Section begin delete 8714.7 end delete
begin insert 8616.5 end insert of the Family Code, and to voluntarily relinquish the child
for adoption if an adoption agency is willing to accept the
relinquishment.

(h) The appropriateness of any relative placement pursuant to
Section 361.3. However, this consideration may not be cause for
continuance of the dispositional hearing.

(i) Whether the caregiver desires, and is willing, to provide legal
permanency for the child if reunification is unsuccessful.

(j) For an Indian child, in consultation with the Indian child’s
tribe, whether tribal customary adoption is an appropriate
permanent plan for the child if reunification is unsuccessful.

(k) On and after the date that the director executes a declaration
pursuant to Section 11217, whether the child has been placed in
an approved relative’s home under a voluntary placement
agreement for a period not to exceed 180 days, the parent or
guardian is not interested in additional family maintenance or
family reunification services, and the relative desires and is willing
to be appointed the child’s legal guardian.

SEC. 2.  

Section 361.2 of the Welfare and Institutions Code is
amended to read:

361.2.  

(a) When a court orders removal of a child pursuant to
Section 361, the court shall first determine whether there is a parent
of the child, with whom the child was not residing at the time that
the events or conditions arose that brought the child within the
provisions of Section 300, who desires to assume custody of the
child. If that parent requests custody, the court shall place the child
with the parent unless it finds that placement with that parent would
be detrimental to the safety, protection, or physical or emotional
well-being of the child.

(b) If the court places the child with that parent it may do any
of the following:

(1) Order that the parent become legal and physical custodian
of the child. The court may also provide reasonable visitation by
the noncustodial parent. The court shall then terminate its
jurisdiction over the child. The custody order shall continue unless
modified by a subsequent order of the superior court. The order
of the juvenile court shall be filed in any domestic relation
proceeding between the parents.

(2) Order that the parent assume custody subject to the
jurisdiction of the juvenile court and require that a home visit be
conducted within three months. In determining whether to take
the action described in this paragraph, the court shall consider any
concerns that have been raised by the child’s current caregiver
regarding the parent. After the social worker conducts the home
visit and files his or her report with the court, the court may then
take the action described in paragraph (1), (3), or this paragraph.
However, nothing in this paragraph shall be interpreted to imply
that the court is required to take the action described in this
paragraph as a prerequisite to the court taking the action described
in either paragraph (1) or (3).

(3) Order that the parent assume custody subject to the
supervision of the juvenile court. In that case the court may order
that reunification services be provided to the parent or guardian
from whom the child is being removed, or the court may order that
services be provided solely to the parent who is assuming physical
custody in order to allow that parent to retain later custody without
court supervision, or that services be provided to both parents, in
which case the court shall determine, at review hearings held
pursuant to Section 366, which parent, if either, shall have custody
of the child.

(c) The court shall make a finding either in writing or on the
record of the basis for its determination under subdivisions (a) and
(b).

(d) Part 6 (commencing with Section 7950) of Division 12 of
the Family Code shall apply to the placement of a child pursuant
to paragraphs (1) and (2) of subdivision (e).

(e) When the court orders removal pursuant to Section 361, the
court shall order the care, custody, control, and conduct of the
child to be under the supervision of the social worker who may
place the child in any of the following:

(1) The home of a noncustodial parent as described in
subdivision (a), regardless of the parent’s immigration status.

(2) The approved home of a relative, regardless of the relative’s
immigration status.

(3) The approved home of a nonrelative extended family
member as defined in Section 362.7.

(4) A foster home in which the child has been placed before an
interruption in foster care, if that placement is in the best interest
of the child and space is available.

(5) A suitable licensed community care facility, except a
runaway and homeless youth shelter licensed by the State
Department of Social Services pursuant to Section 1502.35 of the
Health and Safety Code.

(6) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has
been certified by the agency as meeting licensing standards.

(7) A home or facility in accordance with the federal Indian
Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

(8) A child under begin delete the age of end delete six years begin insert of age end insert may be placed in
a community care facility licensed as a group home for children,
or a temporary shelter care facility as defined in Section 1530.8
of the Health and Safety Code, only under any of the following
circumstances:

(A) (i) When a case plan indicates that placement is for purposes
of providing short term, specialized, and intensive treatment to the
child, the case plan specifies the need for, nature of, and anticipated
duration of this treatment, pursuant to paragraph (2) of subdivision
(c) of Section 16501.1, the facility meets the applicable regulations
adopted under Section 1530.8 of the Health and Safety Code and
standards developed pursuant to Section 11467.1 begin insert of this code end insert , and
the deputy director or director of the county child welfare
department or an assistant chief probation officer or chief probation
officer of the county probation department has approved the case
plan.

(ii) The short term, specialized, and intensive treatment period
shall not exceed 120 days, unless the county has made progress
toward or is actively working toward implementing the case plan
that identifies the services or supports necessary to transition the
child to a family setting, circumstances beyond the county’s control
have prevented the county from obtaining those services or
supports within the timeline documented in the case plan, and the
need for additional time pursuant to the case plan is documented
by the caseworker and approved by a deputy director or director
of the county child welfare department or an assistant chief
probation officer or chief probation officer of the county probation
department.

(iii) To the extent that placements pursuant to this paragraph
are extended beyond an initial 120 days, the requirements of
clauses (i) and (ii) shall apply to each extension. In addition, the
deputy director or director of the county child welfare department
or an assistant chief probation officer or chief probation officer of
the county probation department shall approve the continued
placement no less frequently than every 60 days.

(B) When a case plan indicates that placement is for purposes
of providing family reunification services. In addition, the facility
offers family reunification services that meet the needs of the
individual child and his or her family, permits parents to have
reasonable access to their children 24 hours a day, encourages
extensive parental involvement in meeting the daily needs of their
children, and employs staff trained to provide family reunification
services. In addition, one of the following conditions exists:

(i) The child’s parent is also a ward of the court and resides in
the facility.

(ii) The child’s parent is participating in a treatment program
affiliated with the facility and the child’s placement in the facility
facilitates the coordination and provision of reunification services.

(iii) Placement in the facility is the only alternative that permits
the parent to have daily 24-hour access to the child in accordance
with the case plan, to participate fully in meeting all of the daily
needs of the child, including feeding and personal hygiene, and to
have access to necessary reunification services.

(9) (A) A child who is 6 to 12 years of age, inclusive, may be
placed in a community care facility licensed as a group home for
children only when a case plan indicates that placement is for
purposes of providing short term, specialized, and intensive
treatment for the child, the case plan specifies the need for, nature
of, and anticipated duration of this treatment, pursuant to paragraph
(2) of subdivision (c) of Section 16501.1, and is approved by the
deputy director or director of the county child welfare department
or an assistant chief probation officer or chief probation officer of
the county probation department.

(B) The short term, specialized, and intensive treatment period
shall not exceed six months, unless the county has made progress
or is actively working toward implementing the case plan that
identifies the services or supports necessary to transition the child
to a family setting, circumstances beyond the county’s control
have prevented the county from obtaining those services or
supports within the timeline documented in the case plan, and the
need for additional time pursuant to the case plan is documented
by the caseworker and approved by a deputy director or director
of the county child welfare department or an assistant chief
probation officer or chief probation officer of the county probation
department.

(C) To the extent that placements pursuant to this paragraph are
extended beyond an initial six months, the requirements of
begin delete subparagraph end delete begin insert subparagraphs end insert (A) and (B) shall apply to each
extension. In addition, the deputy director or director of the county
child welfare department or an assistant chief probation officer or
chief probation officer of the county probation department shall
approve the continued placement no less frequently than every 60
days.

(10) Nothing in this subdivision shall be construed to allow a
social worker to place any dependent child outside the United
States, except as specified in subdivision (f).

(f) (1) A child under the supervision of a social worker pursuant
to subdivision (e) shall not be placed 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 party or agency requesting placement of the child outside
the United States 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 social worker
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 subdivision shall not apply to the placement of a
dependent child with a parent pursuant to subdivision (a).

(g) (1) If the child is taken from the physical custody of the
child’s parent or guardian and unless the child is placed with
relatives, the child shall be placed in foster care in the county of
residence of the child’s parent or guardian in order to facilitate
reunification of the family.

(2) In the event that there are no appropriate placements
available in the parent’s or guardian’s county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent’s or guardian’s
community of residence.

(3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child’s placement corresponding to
frequent changes of residence by the parent or guardian. In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent’s or guardian’s
reason for the move.

(4) When it has been determined that it is necessary for a child
to be placed in a county other than the child’s parent’s or guardian’s
county of residence, the specific reason the out-of-county
placement is necessary shall be documented in the child’s case
plan. If the reason the out-of-county placement is necessary is the
lack of resources in the sending county to meet the specific needs
of the child, those specific resource needs shall be documented in
the case plan.

(5) When it has been determined that a child is to be placed out
of county either in a group home or with a foster family agency
for subsequent placement in a certified foster family home, and
the sending county is to maintain responsibility for supervision
and visitation of the child, the sending county shall develop a plan
of supervision and visitation that specifies the supervision and
visitation activities to be performed and specifies that the sending
county is responsible for performing those activities. In addition
to the plan of supervision and visitation, the sending county shall
document information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern in the receiving county. Upon implementation of the Child
Welfare Services Case Management System, the plan of
supervision and visitation, as well as information regarding any
known or suspected dangerous behavior of the child, shall be made
available to the receiving county upon placement of the child in
the receiving county. If placement occurs on a weekend or holiday,
the information shall be made available to the receiving county on
or before the end of the next business day.

(6) When it has been determined that a child is to be placed out
of county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties. The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation. The formal agreement shall be approved
and signed by the sending and receiving counties prior to placement
of the child in the receiving county. In addition, upon completion
of the case plan, the sending county shall provide a copy of the
completed case plan to the receiving county. The case plan shall
include information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern to the receiving county.

(h) Whenever the social worker must change the placement of
the child and is unable to find a suitable placement within the
county and must place the child outside the county, the placement
shall not be made until he or she has served written notice on the
parent or guardian at least 14 days prior to the placement, unless
the child’s health or well-being is endangered by delaying the
action or would be endangered if prior notice were given. The
notice shall state the reasons which require placement outside the
county. The parent or guardian may object to the placement not
later than seven days after receipt of the notice and, upon objection,
the court shall hold a hearing not later than five days after the
objection and prior to the placement. The court shall order
out-of-county placement if it finds that the child’s particular needs
require placement outside the county.

(i) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether the family ties and best interest of the
child will be served by granting visitation rights to the child’s
grandparents. The court shall clearly specify those rights to the
social worker.

(j) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether there are any siblings under the court’s
jurisdiction, or any nondependent siblings in the custody of a parent
subject to the court’s jurisdiction, the nature of the relationship
between the child and his or her siblings, the appropriateness of
developing or maintaining the sibling relationships pursuant to
Section 16002, and the impact of the sibling relationships on the
child’s placement and planning for legal permanence.

(k) (1) When an agency has placed a child with a relative
caregiver, a nonrelative extended family member, a licensed foster
family home, or a group home, the agency shall ensure placement
of the child in a home that, to the fullest extent possible, best meets
the day-to-day needs of the child. A home that best meets the
day-to-day needs of the child shall satisfy all of the following
criteria:

(A) The child’s caregiver is able to meet the day-to-day health,
safety, and well-being needs of the child.

(B) The child’s caregiver is permitted to maintain the least
restrictive and most family-like environment that serves the
day-to-day needs of the child.

(C) The child is permitted to engage in reasonable,
age-appropriate day-to-day activities that promote the most
family-like environment for the foster child.

(2) The foster child’s caregiver shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, to determine day-to-day activities that are
age appropriate to meet the needs of the child. Nothing in this
section shall be construed to permit a child’s caregiver to permit
the child to engage in day-to-day activities that carry an
unreasonable risk of harm, or subject the child to abuse or neglect.

SEC. 3.  

Section 362.1 of the Welfare and Institutions Code is
amended to read:

362.1.  

(a) In order to maintain ties between the parent or
guardian and any siblings and the child, and to provide information
relevant to deciding if, and when, to return a child to the custody
of his or her parent or guardian, or to encourage or suspend sibling
interaction, any order placing a child in foster care, and ordering
reunification services, shall provide as follows:

(1) (A) Subject to subparagraph (B), for visitation between the
parent or guardian and the child. Visitation shall be as frequent as
possible, consistent with the well-being of the child.

(B) No visitation order shall jeopardize the safety of the child.
To protect the safety of the child, the court may keep the child’s
address confidential. If the parent of the child has been convicted
of murder in the first degree, as defined in Section 189 of the Penal
Code, and the victim of the murder was the other parent of the
child, the court shall order visitation between the child and the
parent only if that order would be consistent with Section 3030 of
the Family Code.

(2) Pursuant to subdivision (b) of Section 16002, for visitation
between the child and any siblings, unless the court finds by clear
and convincing evidence that sibling interaction is contrary to the
safety or well-being of either child.

(3) Pursuant to subdivision (c) of Section 16002, for review of
the reasons for any suspension of sibling interaction at each
periodic review hearing pursuant to Section 366, and for a
requirement that, in order for a suspension to continue, the court
shall make a renewed finding that sibling interaction is contrary
to the safety or well-being of either child.

(4) If the child is a teen parent who has custody of his or her
child and that child is not a dependent of the court pursuant to this
chapter, for visitation among the teen parent, the child’s
noncustodial parent, and appropriate family members, unless the
court finds by clear and convincing evidence that visitation would
be detrimental to the teen parent.

(b) When reunification services are not ordered pursuant to
Section 361.5, the child’s plan for legal permanency shall include
consideration of the existence of and the relationship with any
sibling pursuant to Section 16002, including their impact on
placement and visitation.

(c) As used in this section, “sibling” means a child related to
another person by blood, adoption, or affinity through a common
legal or biological parent.

SEC. 4.  

Section 366 of the Welfare and Institutions Code is
amended to read:

366.  

(a) (1) The status of every dependent child in foster care
shall be reviewed periodically as determined by the court but no
less frequently than once every six months, as calculated from the
date of the original dispositional hearing, until the hearing
described in Section 366.26 is completed. The court shall consider
the safety of the child and shall determine all of the following:

(A) The continuing necessity for and appropriateness of the
placement.

(B) The extent of the agency’s compliance with the case plan
in making reasonable efforts, or, in the case of an Indian child,
active efforts as described in Section 361.7, to return the child to
a safe home and to complete any steps necessary to finalize the
permanent placement of the child, including efforts to maintain
relationships between a child who is 10 years of age or older and
who has been in an out-of-home placement for six months or
longer, and individuals other than the child’s siblings who are
important to the child, consistent with the child’s best interests.

(C) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions or developmental
services decisions for the child. That limitation shall be specifically
addressed in the court order and may not exceed those necessary
to protect the child. Whenever the court specifically limits the right
of the parent or guardian to make educational decisions or
developmental services decisions for the child, the court shall at
the same time appoint a responsible adult to make educational
decisions or developmental services decisions for the child pursuant
to Section 361.

(D) (i) Whether the child has other siblings under the court’s
jurisdiction, and, if any siblings exist, all of the following:

(I) The nature of the relationship between the child and his or
her siblings.

(II) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.

(III) If the siblings are not placed together in the same home,
why the siblings are not placed together and what efforts are being
made to place the siblings together, or why those efforts are not
appropriate.

(IV) If the siblings are not placed together, all of the following:

(ia) The frequency and nature of the visits between the siblings.

(ib) If there are visits between the siblings, whether the visits
are supervised or unsupervised. If the visits are supervised, a
discussion of the reasons why the visits are supervised, and what
needs to be accomplished in order for the visits to be unsupervised.

(ic) If there are visits between the siblings, a description of the
location and length of the visits.

(id) Any plan to increase visitation between the siblings.

(V) The impact of the sibling relationships on the child’s
placement and planning for legal permanence.

(VI) The continuing need to suspend sibling interaction, if
applicable, pursuant to subdivision (c) of Section 16002.

(ii) The factors the court may consider in making a determination
regarding the nature of the child’s sibling relationships may
include, but are not limited to, whether the siblings were raised
together in the same home, whether the siblings have shared
significant common experiences or have existing close and strong
bonds, whether either sibling expresses a desire to visit or live with
his or her sibling, as applicable, and whether ongoing contact is
in the child’s best emotional interests.

(E) The extent of progress that has been made toward alleviating
or mitigating the causes necessitating placement in foster care.

(F) If the review hearing is the last review hearing to be held
before the child attains 18 years of age, the court shall conduct the
hearing pursuant to Section 366.31 or 366.32.

(2) The court shall project a likely date by which the child may
be returned to and safely maintained in the home or placed for
adoption, legal guardianship, or in another planned permanent
living arrangement.

(b) Subsequent to the hearing, periodic reviews of each child
in foster care shall be conducted pursuant to the requirements of
Sections 366.3 and 16503.

(c) If the child has been placed out of state, each review
described in subdivision (a) and any reviews conducted pursuant
to Sections 366.3 and 16503 shall also address whether the
out-of-state placement continues to be the most appropriate
placement selection and in the best interests of the child.

(d) (1) A review described in subdivision (a) and any reviews
conducted pursuant to Sections 366.3 and 16503 shall not result
in a 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 party or agency requesting placement of the child outside
the United States shall carry the burden of proof and must show,
by clear and convincing evidence, that a 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 social worker
or 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.

(e) A child may not be placed in an out-of-state group home,
or remain in an out-of-state group home, unless the group home
is in compliance with Section 7911.1 of the Family Code.

(f) The implementation and operation of the amendments to
subparagraph (B) of paragraph (1) of subdivision (a) 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.

(g) The status review of every nonminor dependent, as defined
in subdivision (v) of Section 11400, shall be conducted pursuant
to the requirements of Sections 366.3, 366.31, or 366.32, and 16503
until dependency jurisdiction is terminated pursuant to Section
391.

SEC. 5.  

Section 366.1 of the Welfare and Institutions Code is
amended to read:

366.1.  

Each supplemental report required to be filed pursuant
to Section 366 shall include, but not be limited to, a factual
discussion of each of the following subjects:

(a) Whether the county welfare department social worker has
considered child protective services, as defined in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9, as a
possible solution to the problems at hand, and has offered those
services to qualified parents, if appropriate under the circumstances.

(b) What plan, if any, for the return and maintenance of the
child in a safe home is recommended to the court by the county
welfare department social worker.

(c) Whether the subject child appears to be a person who is
eligible to be considered for further court action to free the child
from parental custody and control.

(d) What actions, if any, have been taken by the parent to correct
the problems that caused the child to be made a dependent child
of the court.

(e) If the parent or guardian is unwilling or unable to participate
in making an educational decision for his or her child, or if other
circumstances exist that compromise the ability of the parent or
guardian to make educational decisions for the child, the county
welfare department or social worker shall consider whether the
right of the parent or guardian to make educational decisions for
the child should be limited. If the supplemental report makes that
recommendation, the report shall identify whether there is a
responsible adult available to make educational decisions for the
child pursuant to Section 361.

(f) (1) Whether the child has any siblings under the court’s
jurisdiction, and, if any siblings exist, all of the following:

(A) The nature of the relationship between the child and his or
her siblings.

(B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.

(C) If the siblings are not placed together in the same home,
why the siblings are not placed together and what efforts are being
made to place the siblings together, or why those efforts are not
appropriate.

(D) If the siblings are not placed together, all of the following:

(i) The frequency and nature of the visits between the siblings.

(ii) If there are visits between the siblings, whether the visits
are supervised or unsupervised. If the visits are supervised, a
discussion of the reasons why the visits are supervised, and what
needs to be accomplished in order for the visits to be unsupervised.

(iii) If there are visits between the siblings, a description of the
location and length of the visits.

(iv) Any plan to increase visitation between the siblings.

(E) The impact of the sibling relationships on the child’s
placement and planning for legal permanence.

(2) The factual discussion shall include a discussion of indicators
of the nature of the child’s sibling relationships, including, but not
limited to, whether the siblings were raised together in the same
home, whether the siblings have shared significant common
experiences or have existing close and strong bonds, whether either
sibling expresses a desire to visit or live with his or her sibling, as
applicable, and whether ongoing contact is in the child’s best
emotional interests.

(g) Whether a child who is 10 years of age or older and who
has been in an out-of-home placement for six months or longer
has relationships with individuals other than the child’s siblings
that are important to the child, consistent with the child’s best
interests, and actions taken to maintain those relationships. The
social worker shall ask every child who is 10 years of age or older
and who has been in an out-of-home placement for six months or
longer to identify any individuals other than the child’s siblings
who are important to the child, consistent with the child’s best
interest. The social worker may ask any other child to provide that
information, as appropriate.

(h) The implementation and operation of the amendments to
subdivision (g) 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.

SEC. 6.  

Section 366.3 of the Welfare and Institutions Code is
amended to read:

366.3.  

(a) If a juvenile court orders a permanent plan of
adoption, tribal customary adoption, adoption of a nonminor
dependent pursuant to subdivision (f) of Section 366.31, or legal
guardianship pursuant to Section 360 or 366.26, the court shall
retain jurisdiction over the child or nonminor dependent until the
child or nonminor dependent is adopted or the legal guardianship
is established, except as provided for in Section 366.29 or, on and
after January 1, 2012, Section 366.32. The status of the child or
nonminor dependent shall be reviewed every six months to ensure
that the adoption or legal guardianship is completed as
expeditiously as possible. When the adoption of the child or
nonminor dependent has been granted, or in the case of a tribal
customary adoption, when the tribal customary adoption order has
been afforded full faith and credit and the petition for adoption
has been granted, the court shall terminate its jurisdiction over the
child or nonminor dependent. Following establishment of a legal
guardianship, the court may continue jurisdiction over the child
as a dependent child of the juvenile court or may terminate its
dependency jurisdiction and retain jurisdiction over the child as a
ward of the legal guardianship, as authorized by Section 366.4. If,
however, a relative of the child is appointed the legal guardian of
the child and the child has been placed with the relative for at least
six months, the court shall, except if the relative guardian objects,
or upon a finding of exceptional circumstances, terminate its
dependency jurisdiction and retain jurisdiction over the child as a
ward of the guardianship, as authorized by Section 366.4.
Following a termination of parental rights, the parent or parents
shall not be a party to, or receive notice of, any subsequent
proceedings regarding the child.

(b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact. The court may vacate its previous order dismissing
dependency jurisdiction over the child.

Notwithstanding Section 1601 of the Probate Code, the
proceedings to terminate a legal guardianship that has been granted
pursuant to Section 360 or 366.26 shall be held either in the
juvenile court that retains jurisdiction over the guardianship as
authorized by Section 366.4 or the juvenile court in the county
where the guardian and child currently reside, based on the best
interests of the child, unless the termination is due to the
emancipation or adoption of the child. The juvenile court having
jurisdiction over the guardianship shall receive notice from the
court in which the petition is filed within five calendar days of the
filing. Prior to the hearing on a petition to terminate legal
guardianship pursuant to this subdivision, the court shall order the
county department of social services or welfare department having
jurisdiction or jointly with the county department where the
guardian and child currently reside to prepare a report, for the
court’s consideration, that shall include an evaluation of whether
the child could safely remain in, or be returned to, the legal
guardian’s home, without terminating the legal guardianship, if
services were provided to the child or legal guardian. If applicable,
the report shall also identify recommended family maintenance or
reunification services to maintain the legal guardianship and set
forth a plan for providing those services. If the petition to terminate
legal guardianship is granted, either juvenile court may resume
dependency jurisdiction over the child, and may order the county
department of social services or welfare department to develop a
new permanent plan, which shall be presented to the court within
60 days of the termination. If no dependency jurisdiction has
attached, the social worker shall make any investigation he or she
deems necessary to determine whether the child may be within the
jurisdiction of the juvenile court, as provided in Section 328.

Unless the parental rights of the child’s parent or parents have
been terminated, they shall be notified that the legal guardianship
has been revoked or terminated and shall be entitled to participate
in the new permanency planning hearing. The court shall try to
place the child in another permanent placement. At the hearing,
the parents may be considered as custodians but the child shall not
be returned to the parent or parents unless they prove, by a
preponderance of the evidence, that reunification is the best
alternative for the child. The court may, if it is in the best interests
of the child, order that reunification services again be provided to
the parent or parents.

(c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed
circumstances that indicate adoption or, for an Indian child, tribal
customary adoption, may be an appropriate plan for the child, the
department shall so notify the court. The court may vacate its
previous order dismissing dependency jurisdiction over the child
and order that a hearing be held pursuant to Section 366.26 to
determine whether adoption or continued legal guardianship is the
most appropriate plan for the child. The hearing shall be held no
later than 120 days from the date of the order. If the court orders
that a hearing shall be held pursuant to Section 366.26, the court
shall direct the agency supervising the child and the county
adoption agency, or the State Department of Social Services if it
is acting as an adoption agency, to prepare an assessment under
subdivision (b) of Section 366.22.

(d) If the child or, on and after January 1, 2012, nonminor
dependent is in a placement other than the home of a legal guardian
and jurisdiction has not been dismissed, the status of the child shall
be reviewed at least every six months. The review of the status of
a child for whom the court has ordered parental rights terminated
and who has been ordered placed for adoption shall be conducted
by the court. The review of the status of a child or, on and after
January 1, 2012, nonminor dependent for whom the court has not
ordered parental rights terminated and who has not been ordered
placed for adoption may be conducted by the court or an
appropriate local agency. The court shall conduct the review under
the following circumstances:

(1) Upon the request of the child’s parents or legal guardians.

(2) Upon the request of the child or, on and after January 1,
2012, nonminor dependent.

(3) It has been 12 months since a hearing held pursuant to
Section 366.26 or an order that the child remain in long-term foster
care pursuant to Section 366.21, 366.22, 366.25, 366.26, or
subdivision (h).

(4) It has been 12 months since a review was conducted by the
court.

The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been
made.

(e) Except as provided in subdivision (g), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:

(1) The continuing necessity for, and appropriateness of, the
placement.

(2) Identification of individuals other than the child’s siblings
who are important to a child who is 10 years of age or older and
has been in out-of-home placement for six months or longer, 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 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 shall make efforts to identify other individuals who are
important to the child, consistent with the child’s best interests.

(3) The continuing appropriateness and extent of compliance
with the permanent plan for the child, including efforts to maintain
relationships between a child who is 10 years of age or older and
who has been in out-of-home placement for six months or longer
and individuals who are important to the child and efforts to
identify a prospective adoptive parent or legal guardian, including,
but not limited to, child-specific recruitment efforts and listing on
an adoption exchange.

(4) The extent of the agency’s compliance with the child welfare
services case plan in making reasonable efforts either to return the
child to the safe home of the parent or to complete whatever steps
are necessary to finalize the permanent placement of the child. If
the reviewing body determines that a second period of reunification
services is in the child’s best interests, and that there is a significant
likelihood of the child’s return to a safe home due to changed
circumstances of the parent, pursuant to subdivision (f), the specific
reunification services required to effect the child’s return to a safe
home shall be described.

(5) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions or developmental
services decisions for the child. That limitation shall be specifically
addressed in the court order and may not exceed what is necessary
to protect the child. If the court specifically limits the right of the
parent or guardian to make educational decisions or developmental
services decisions for the child, the court shall at the same time
appoint a responsible adult to make educational decisions or
developmental services decisions for the child pursuant to Section
361.

(6) The adequacy of services provided to the child. The court
shall consider the progress in providing the information and
documents to the child, as described in Section 391. The court
shall also consider the need for, and progress in providing, the
assistance and services described in Section 391.

(7) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.

(8) The likely date by which the child may be returned to, and
safely maintained in, the home, placed for adoption, legal
guardianship, in another planned permanent living arrangement,
or, for an Indian child, in consultation with the child’s tribe, placed
for tribal customary adoption.

(9) Whether the child has any siblings under the court’s
jurisdiction, and, if any siblings exist, all of the following:

(A) The nature of the relationship between the child and his or
her siblings.

(B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.

(C) If the siblings are not placed together in the same home,
why the siblings are not placed together and what efforts are being
made to place the siblings together, or why those efforts are not
appropriate.

(D) If the siblings are not placed together, all of the following:

(i) The frequency and nature of the visits between the siblings.

(ii) If there are visits between the siblings, whether the visits
are supervised or unsupervised. If the visits are supervised, a
discussion of the reasons why the visits are supervised, and what
needs to be accomplished in order for the visits to be unsupervised.

(iii) If there are visits between the siblings, a description of the
location and length of the visits.

(iv) Any plan to increase visitation between the siblings.

(E) The impact of the sibling relationships on the child’s
placement and planning for legal permanence.

The factors the court may consider as indicators of the nature of
the child’s sibling relationships include, but are not limited to,
whether the siblings were raised together in the same home,
whether the siblings have shared significant common experiences
or have existing close and strong bonds, whether either sibling
expresses a desire to visit or live with his or her sibling, as
applicable, and whether ongoing contact is in the child’s best
emotional interests.

(10) For a child who is 16 years of age or older, and, effective
January 1, 2012, for a nonminor dependent, the services needed
to assist the child or nonminor dependent to make the transition
from foster care to independent living.

The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child
have been made.

Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the
child’s permanent plan, the extent of compliance with the case
plan, and the type and adequacy of services provided to the child.

(f) Unless their parental rights have been permanently
terminated, the parent or parents of the child are entitled to receive
notice of, and participate in, those hearings. It shall be presumed
that continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the child.
In those cases, the court may order that further reunification
services to return the child to a safe home environment be provided
to the parent or parents up to a period of six months, and family
maintenance services, as needed for an additional six months in
order to return the child to a safe home environment. On and after
January 1, 2012, this subdivision shall not apply to the parents of
a nonminor dependent.

(g) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered
parental rights terminated and who has been ordered placed for
adoption, or, for an Indian child for whom parental rights are not
being terminated and a tribal customary adoption is being
considered, the county welfare department shall prepare and present
to the court a report describing the following:

(1) The child’s present placement.

(2) The child’s current physical, mental, emotional, and
educational status.

(3) If the child has not been placed with a prospective adoptive
parent or guardian, 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 agency shall ask every child who is 10 years of
age or older to identify any individuals who are important to him
or her, consistent with the child’s best interest, and may ask any
child who is younger than 10 years of age to provide that
information as appropriate. The agency shall make efforts to
identify other individuals who are important to the child.

(4) Whether the child has been placed with a prospective
adoptive parent or parents.

(5) Whether an adoptive placement agreement has been signed
and filed.

(6) If the child has not been placed with a prospective adoptive
parent or parents, the efforts made to identify an appropriate
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.

(7) Whether the final adoption order should include provisions
for postadoptive sibling contact pursuant to Section 366.29.

(8) The progress of the search for an adoptive placement if one
has not been identified.

(9) Any impediments to the adoption or the adoptive placement.

(10) The anticipated date by which the child will be adopted or
placed in an adoptive home.

(11) The anticipated date by which an adoptive placement
agreement will be signed.

(12) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.

The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been
made.

The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.

(h) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should
be returned to the home of the parent, placed for adoption, or, for
an Indian child, in consultation with the child’s tribe, placed for
tribal customary adoption, or appointed a legal guardian, or, if
compelling reasons exist for finding that none of the foregoing
options are in the best interest of the child, whether the child should
be placed in another planned permanent living arrangement. The
court shall order that a hearing be held pursuant to Section 366.26,
unless it determines by clear and convincing evidence that there
is a compelling reason for determining that a hearing held pursuant
to Section 366.26 is not in the best interest of the child because
the child is being returned to the home of the parent, the child is
not a proper subject for adoption, or no one is willing to accept
legal guardianship. If the county adoption agency, or the
department when it is acting as an adoption agency, has determined
it is unlikely that the child will be adopted or one of the conditions
described in paragraph (1) of subdivision (c) of Section 366.26
applies, that fact shall constitute a compelling reason for purposes
of this subdivision. Only upon that determination may the court
order that the child remain in long-term foster care, without holding
a hearing pursuant to Section 366.26. On and after January 1, 2012,
the nonminor dependent’s legal status as an adult is in and of itself
a compelling reason not to hold a hearing pursuant to Section
366.26.

(i) If, as authorized by subdivision (h), the court orders a hearing
pursuant to Section 366.26, the court shall direct the agency
supervising the child and the county adoption agency, or the State
Department of Social Services when it is acting as an adoption
agency, to prepare an assessment as provided for in subdivision
(i) of Section 366.21 or subdivision (b) of Section 366.22. A
hearing held pursuant to Section 366.26 shall be held no later than
120 days from the date of the 12-month review at which it is
ordered, and at that hearing the court shall determine whether
adoption, tribal customary adoption, legal guardianship, or
long-term foster care is the most appropriate plan for the child. On
and after January 1, 2012, a hearing pursuant to Section 366.26
shall not be ordered if the child is a nonminor dependent, unless
the nonminor dependent is an Indian child and tribal customary
adoption is recommended as the permanent plan. The court may
order that a nonminor dependent who otherwise is eligible pursuant
to Section 11403 remain in a planned, permanent living
arrangement. At the request of the nonminor dependent who has
an established relationship with an adult determined to be the
nonminor dependent’s permanent connection, the court may order
adoption of the nonminor dependent pursuant to subdivision (f)
of Section 366.31.

(j) The implementation and operation of the amendments to
subdivision (e) 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.

(k) The reviews conducted pursuant to subdivision (a) or (d)
may be conducted earlier than every six months if the court
determines that an earlier review is in the best interests of the child
or as court rules prescribe.

SEC. 7.  

Section 388 of the Welfare and Institutions Code is
amended to read:

388.  

(a) (1) Any parent or other person having an interest in
a child who is a dependent child of the juvenile court or a nonminor
dependent as defined in subdivision (v) of Section 11400, or the
child himself or herself or the nonminor dependent through a
properly appointed guardian may, upon grounds of change of
circumstance or new evidence, petition the court in the same action
in which the child was found to be a dependent child of the juvenile
court or in which a guardianship was ordered pursuant to Section
360 for a hearing to change, modify, or set aside any order of court
previously made or to terminate the jurisdiction of the court. The
petition shall be verified and, if made by a person other than the
child or the nonminor dependent shall state the petitioner’s
relationship to or interest in the child or the nonminor dependent
and shall set forth in concise language any change of circumstance
or new evidence that is alleged to require the change of order or
termination of jurisdiction.

(2) When any party, including a child who is a dependent of the
juvenile court, petitions the court prior to an order terminating
parental rights, to modify the order that reunification services were
not needed pursuant to paragraphs (4), (5), and (6) of subdivision
(b) of Section 361.5, or to modify any orders related to custody or
visitation of the subject child, and the court orders a hearing
pursuant to subdivision (d), the court shall modify the order that
reunification services were not needed pursuant to paragraphs (4),
(5), and (6) of subdivision (b) of Section 361.5, or any orders
related to the custody or visitation of the child for whom
reunification services were not ordered pursuant to paragraphs (4),
(5), and (6) of subdivision (b) of Section 361.5, only if the court
finds by clear and convincing evidence that the proposed change
is in the best interests of the child.

(b) (1) Any person, including a child or a nonminor dependent
who is a dependent of the juvenile court, may petition the court to
assert a relationship as a sibling related by blood, adoption, or
affinity through a common legal or biological parent to a child
who is, or is the subject of a petition for adjudication as, a
dependent of the juvenile court, and may request visitation with
the dependent child, placement with or near the dependent child,
or consideration when determining or implementing a case plan
or permanent plan for the dependent child or make any other
request for an order which may be shown to be in the best interest
of the dependent child.

(2) A child or nonminor dependent who is a dependent of the
juvenile court may petition the court to assert a relationship as a
sibling related by blood, adoption, or affinity through a common
legal or biological parent to a child who is in the physical custody
of a common legal or biological parent, and may request visitation
with the nondependent sibling in parental custody.

(3) Pursuant to subdivision (b) of Section 16002, a request for
sibling visitation begin delete shall end delete begin insert may end insert be granted unless it is begin delete shown by clear
and convincing evidence end delete begin insert determined by the court end insert that sibling
visitation is contrary to the safety and well-being of any of the
siblings.

(4) The court may appoint a guardian ad litem to file the petition
for a dependent child asserting a sibling relationship pursuant to
this subdivision if the court determines that the appointment is
necessary for the best interests of the dependent child. The petition
shall be verified and shall set forth the following:

(A) Through which parent he or she is related to the sibling.

(B) Whether he or she is related to the sibling by blood,
adoption, or affinity.

(C) The request or order that the petitioner is seeking.

(D) Why that request or order is in the best interest of the
dependent child.

(c) (1) Any party, including a child who is a dependent of the
juvenile court, may petition the court, prior to the hearing set
pursuant to subdivision (f) of Section 366.21 for a child described
by subparagraph (A) of paragraph (1) of subdivision (a) of Section
361.5, or prior to the hearing set pursuant to subdivision (e) of
Section 366.21 for a child described by subparagraph (B) or (C)
of paragraph (1) of subdivision (a) of Section 361.5, to terminate
court-ordered reunification services provided under subdivision
(a) of Section 361.5 only if one of the following conditions exists:

(A) It appears that a change of circumstance or new evidence
exists that satisfies a condition set forth in subdivision (b) or (e)
of Section 361.5 justifying termination of court-ordered
reunification services.

(B) The action or inaction of the parent or guardian creates a
substantial likelihood that reunification will not occur, including,
but not limited to, the parent’s or guardian’s failure to visit the
child, or the failure of the parent or guardian to participate regularly
and make substantive progress in a court-ordered treatment plan.

(2) In determining whether the parent or guardian has failed to
visit the child or participate regularly or make progress in the
treatment plan, the court shall consider factors that include but are
not limited to, the parent’s or guardian’s incarceration,
institutionalization, detention by the United States Department of
Homeland Security, deportation, or participation in a court-ordered
residential substance abuse treatment program.

(3) The court shall terminate reunification services during the
above-described time periods only upon a finding by a
preponderance of evidence that reasonable services have been
offered or provided, and upon a finding of clear and convincing
evidence that one of the conditions in subparagraph (A) or (B) of
paragraph (1) exists.

(4) Any party, including a nonminor dependent, as defined in
subdivision (v) of Section 11400, may petition the court prior to
the review hearing set pursuant to subdivision (d) of Section 366.31
to terminate the continuation of court-ordered family reunification
services for a nonminor dependent who has attained 18 years of
age. The court shall terminate family reunification services to the
parent or guardian if the nonminor dependent or parent or guardian
are not in agreement that the continued provision of court-ordered
family reunification services is in the best interests of the nonminor
dependent.

(5) If the court terminates reunification services, it shall order
that a hearing pursuant to Section 366.26 be held within 120 days.
On and after January 1, 2012, a hearing pursuant to Section 366.26
shall not be ordered if the child is a nonminor dependent. The court
may order a nonminor dependent who is otherwise eligible to
AFDC-FC benefits pursuant to Section 11403 to remain in a
planned, permanent living arrangement.

(d) If it appears that the best interests of the child or the
nonminor dependent may be promoted by the proposed change of
order, modification of reunification services, custody, or visitation
orders concerning a child for whom reunification services were
not ordered pursuant to paragraphs (4), (5), and (6) of subdivision
(b) of Section 361.5, recognition of a sibling relationship,
termination of jurisdiction, or clear and convincing evidence
supports revocation or termination of court-ordered reunification
services, the court shall order that a hearing be held and shall give
prior notice, or cause prior notice to be given, to the persons and
in the manner prescribed by Section 386, and, in those instances
in which the manner of giving notice is not prescribed by those
sections, then in the manner the court prescribes.

(e) (1) On and after January 1, 2012, a nonminor who attained
18 years of age while subject to an order for foster care placement
and, commencing January 1, 2012, who has not attained 19 years
of age, or, commencing January 1, 2013, 20 years of age, or,
commencing January 1, 2014, 21 years of age, or as described in
Section 10103.5, for whom the court has dismissed dependency
jurisdiction pursuant to Section 391, or delinquency jurisdiction
pursuant to Section 607.2, or transition jurisdiction pursuant to
Section 452, but has retained general jurisdiction under subdivision
(b) of Section 303, or the county child welfare services, probation
department, or tribal placing agency on behalf of the nonminor,
may petition the court in the same action in which the child was
found to be a dependent or delinquent child of the juvenile court,
for a hearing to resume the dependency jurisdiction over a former
dependent or to assume or resume transition jurisdiction over a
former delinquent ward pursuant to Section 450. The petition shall
be filed within the period that the nonminor is of the age described
in this paragraph. If the nonminor has completed the voluntary
reentry agreement, as described in subdivision (z) of Section 11400,
with the placing agency, the agency shall file the petition on behalf
of the nonminor within 15 judicial days of the date the agreement
was signed unless the nonminor elects to file the petition at an
earlier date.

(2) (A) The petition to resume jurisdiction may be filed in the
juvenile court that retains general jurisdiction under subdivision
(b) of Section 303, or the petition may be submitted to the juvenile
court in the county where the youth resides and forwarded to the
juvenile court that retained general jurisdiction and filed with that
court. The juvenile court having general jurisdiction under Section
303 shall receive the petition from the court where the petition
was submitted within five court days of its submission, if the
petition is filed in the county of residence. The juvenile court that
retained general jurisdiction shall order that a hearing be held
within 15 judicial days of the date the petition was filed if there is
a prima facie showing that the nonminor satisfies the following
criteria:

(i) He or she was previously under juvenile court jurisdiction,
subject to an order for foster care placement when he or she
attained 18 years of age, and has not attained the age limits
described in paragraph (1).

(ii) He or she intends to satisfy at least one of the conditions set
forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403.

(iii) He or she wants assistance either in maintaining or securing
appropriate supervised placement, or is in need of immediate
placement and agrees to supervised placement pursuant to the
voluntary reentry agreement as described in subdivision (z) of
Section 11400.

(B) Upon ordering a hearing, the court shall give prior notice,
or cause prior notice to be given, to the persons and by the means
prescribed by Section 386, except that notice to parents or former
guardians shall not be provided unless the nonminor requests, in
writing on the face of the petition, notice to the parents or former
guardians.

(3) The Judicial Council, by January 1, 2012, shall adopt rules
of court to allow for telephonic appearances by nonminor former
dependents or delinquents in these proceedings, and for telephonic
appearances by nonminor dependents in any proceeding in which
the nonminor dependent is a party, and he or she declines to appear
and elects a telephonic appearance.

(4) Prior to the hearing on a petition to resume dependency
jurisdiction or to assume or resume transition jurisdiction, the court
shall order the county child welfare or probation department to
prepare a report for the court addressing whether the nonminor
intends to satisfy at least one of the criteria set forth in subdivision
(b) of Section 11403. When the recommendation is for the
nonminor dependent to be placed in a setting where minor
dependents also reside, the results of a background check of the
petitioning nonminor conducted pursuant to Section 16504.5, may
be used by the placing agency to determine appropriate placement
options for the nonminor. The existence of a criminal conviction
is not a bar to eligibility for reentry or resumption of dependency
jurisdiction or the assumption or resumption of transition
jurisdiction over a nonminor.

(5) (A) The court shall resume dependency jurisdiction over a
former dependent or assume or resume transition jurisdiction over
a former delinquent ward pursuant to Section 450, and order that
the nonminor’s placement and care be under the responsibility of
the county child welfare services department, the probation
department, tribe, consortium of tribes, or tribal organization, if
the court finds all of the following:

(i) The nonminor was previously under juvenile court
jurisdiction subject to an order for foster care placement when he
or she attained 18 years of age.

(ii) The nonminor has not attained the age limits described in
paragraph (1).

(iii) Reentry and remaining in foster care are in the nonminor’s
best interests.

(iv) The nonminor intends to satisfy, and agrees to satisfy, at
least one of the criteria set forth in paragraphs (1) to (5), inclusive,
of subdivision (b) of Section 11403, and demonstrates his or her
agreement to placement in a supervised setting under the placement
and care responsibility of the placing agency and to satisfy the
criteria by signing the voluntary reentry agreement as described
in subdivision (z) of Section 11400.

(B) In no event shall the court grant a continuance that would
cause the hearing to resume dependency jurisdiction or to assume
or resume transition jurisdiction to be completed more than 120
days after the date the petition was filed.

(C) The agency made responsible for the nonminor’s placement
and care pursuant to subparagraph (A) shall prepare a new
transitional independent living case plan within 60 calendar days
from the date the nonminor signed the voluntary reentry agreement
as described in subdivision (z) of Section 11400 and submit it to
the court for the review hearing under Section 366.31, to be held
within 70 days of the resumption of dependency jurisdiction or
assumption or resumption of transition jurisdiction. In no event
shall the review hearing under Section 366.3 be held more than
170 calendar days from the date the nonminor signed the voluntary
reentry agreement.

SEC. 8.  

Section 16002 of the Welfare and Institutions Code is
amended to read:

16002.  

(a) (1) It is the intent of the Legislature to maintain
the continuity of the family unit, and ensure the preservation and
strengthening of the child’s family ties by ensuring that when
siblings have been removed from their home, either as a group on
one occurrence or individually on separate occurrences, the siblings
will be placed in foster care together, unless it has been determined
that placement together is contrary to the safety or well-being of
any sibling. The Legislature recognizes that in order to ensure the
placement of a sibling group in the same foster care placement,
placement resources need to be expanded.

(2) It is also the intent of the Legislature to preserve and
strengthen a child’s sibling relationship so that when a child has
been removed from his or her home and he or she has a sibling or
siblings who remain in the custody of a mutual parent subject to
the court’s jurisdiction, the court has the authority to develop a
visitation plan for the siblings, unless it has been determined that
visitation is contrary to the safety or well-being of any sibling.

(b) The responsible local agency shall make a diligent effort in
all out-of-home placements of dependent children, including those
with relatives, to place siblings together in the same placement,
and to develop and maintain sibling relationships. If siblings are
not placed together in the same home, the social worker shall
explain why the siblings are not placed together and what efforts
he or she is making to place the siblings together or why making
those efforts would be contrary to the safety and well-being of any
of the siblings. When placement of siblings together in the same
home is not possible, a diligent effort shall be made, and a case
plan prepared, to provide for ongoing and frequent interaction
among siblings until family reunification is achieved, or, if parental
rights are terminated, as part of developing the permanent plan for
the child. If the court determines by clear and convincing evidence
that sibling interaction is contrary to the safety and well-being of
any of the siblings, the reasons for the determination shall be noted
in the court order, and interaction shall be suspended.

(c) When there has been a judicial suspension of sibling
interaction, the reasons for the suspension shall be reviewed at
each periodic review hearing pursuant to Section 366. In order for
the suspension to continue, the court shall make a renewed finding
that sibling interaction is contrary to the safety or well-being of
either child. When the court determines that sibling interaction
can be safely resumed, that determination shall be noted in the
court order and the case plan shall be revised to provide for sibling
interaction.

(d) If the case plan for the child has provisions for sibling
interaction, the child, or his or her parent or legal guardian shall
have the right to comment on those provisions. If a person wishes
to assert a sibling relationship with a dependent child, he or she
may file a petition in the juvenile court having jurisdiction over
the dependent child pursuant to subdivision (b) of Section 388.

(e) If parental rights are terminated and the court orders a
dependent child to be placed for adoption, the county adoption
agency or the State Department of Social Services shall take all
of the following steps to facilitate ongoing sibling contact, except
in those cases provided in subdivision (b) where the court
determines by clear and convincing evidence that sibling interaction
is contrary to the safety or well-being of the child:

(1) Include in training provided to prospective adoptive parents
information about the importance of sibling relationships to the
adopted child and counseling on methods for maintaining sibling
relationships.

(2) Provide prospective adoptive parents with information about
siblings of the child, except the address where the siblings of the
children reside. However, this address may be disclosed by court
order for good cause shown.

(3) Encourage prospective adoptive parents to make a plan for
facilitating postadoptive contact between the child who is the
subject of a petition for adoption and any siblings of this child.

(f) Information regarding sibling interaction, contact, or
visitation that has been authorized or ordered by the court shall be
provided to the foster parent, relative caretaker, or legal guardian
of the child as soon as possible after the court order is made, in
order to facilitate the interaction, contact, or visitation.

(g) As used in this section, “sibling” means a child related to
another person by blood, adoption, or affinity through a common
legal or biological parent.

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

SEC. 9.  

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.