Bill Text: CA SB1460 | 2013-2014 | Regular Session | Chaptered
Bill Title: Child welfare.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-09-29 - Chaptered by Secretary of State. Chapter 772, Statutes of 2014. [SB1460 Detail]
Download: California-2013-SB1460-Chaptered.html
BILL NUMBER: SB 1460 CHAPTERED
BILL TEXT
CHAPTER 772
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2014
APPROVED BY GOVERNOR SEPTEMBER 29, 2014
PASSED THE SENATE AUGUST 27, 2014
PASSED THE ASSEMBLY AUGUST 26, 2014
AMENDED IN ASSEMBLY AUGUST 22, 2014
AMENDED IN ASSEMBLY AUGUST 4, 2014
INTRODUCED BY Committee on Human Services (Senators Beall (Chair),
Berryhill, DeSaulnier, Liu, and Wyland)
FEBRUARY 25, 2014
An act to amend Sections 17212 and 17506 of, and to add Section
8707.1 to, the Family Code, to amend Sections 1505 and 1515 of the
Health and Safety Code, to amend Section 11170 of, and to add Section
11105.08 to, the Penal Code, and to amend Sections 305.5, 361.2,
361.4, 362.04, 727, 11402, 16002, 16010.6, 16501.3, 16507.5, 16519.5,
17710, and 17732.2 of, and to add Sections 381, 827.15, and 10553.12
to, the Welfare and Institutions Code, relating to child welfare.
LEGISLATIVE COUNSEL'S DIGEST
SB 1460, Committee on Human Services. Child welfare.
(1) Existing law requires the State Department of Social Services
to, authorize a county welfare department to undertake comprehensive
recruitment programs to ensure an adequate number of foster homes are
available. Existing law regulates adoption services by the
department, county adoption agencies, licensed adoption agencies, and
other adoption service providers, and requires the department to
adopt regulations pertaining to those services.
This bill would require that recruitment to include diligent
efforts to recruit individuals who reflect the ethnic, racial, and
cultural diversity of foster children and adoptive children, but
would not affect the application of the federal Indian Child Welfare
Act.
(2) Existing law requires a social worker to conduct, within 30
days of a child being removed from the custody of his or her parents
or guardians, an investigation in order to identify and locate all
grandparents, adult siblings, and other adult relatives of the child.
This bill would authorize county child welfare and probation
departments to request and receive from the California Parent Locator
Service and Central Registry and the federal Parent Locator Service
information to identify and locate those family members.
(3) Existing law requires the local child welfare agency to 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 requires the social worker to 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.
This bill would also require a probation officer to provide that
explanation.
(4) Existing law authorizes the State Department of Social
Services, in consultation with specified groups, to implement a
unified, family friendly, and child-centered resource family approval
process relating to foster care and adoption placements.
This bill would make nonsubstantive, conforming changes.
(5) Existing law requires a foster home to be licensed by State
Department of Social Services, and authorizes up to five counties,
selected by the department, to approve a resource family, as defined,
for foster care placement.
This bill would exempt a resource family, as defined, from those
licensure requirements, and would allow additional counties to
volunteer to be selected by the department to also be authorized to
approve a resource family.
(6) Existing law specifies the entities, that may receive criminal
history information from the Department of Justice.
This bill would authorize a tribal child welfare agency to receive
that information.
(7) Existing law provides for the transfer of custody proceedings
including proceedings involving an Indian child from a county
juvenile court to the jurisdiction of the child's tribe.
This bill would require a county juvenile court to transfer the
entire child case file, as defined, to the tribe having jurisdiction,
and would require both the county juvenile court and the tribe to
document the finding of facts supporting jurisdiction over the child.
(8) Existing law allows a court to remove a child from the home of
one or both of his or her parents and to be placed under the
supervision of a social worker who may place the child in the home of
a noncustodial parent, relative, or approved nonrelative extended
family.
This bill would additionally allow for the child to be placed in
an approved home of a resource family, as defined, and would make
conforming changes relating to this provision.
(9) The Federal Indian Child Welfare Act, authorizes a federally
recognized tribe to approve a home for the purpose of foster or
adoptive placement of an Indian child.
This bill would conform state law to that provision and would
specify the duties of a tribal child welfare agency, as defined, in
conducting related background checks.
(10) Existing law requires the department to report specified
information regarding provision of health care to children in foster
care.
This bill would require a county child welfare agency to provide
the department with information necessary for the department to meet
those reporting responsibilities.
(11) Existing law authorizes state departments to adopt
regulations in accordance with the rulemaking provisions of the
Administrative Procedure Act.
This bill would authorize the State Department of Social Services,
until emergency regulations are filed with the Secretary of State,
to implement specified changes proposed by this bill, through
all-county letters or similar instructions from the Director of
Social Services.
(12) This bill would incorporate additional changes to Section
17506 of the Family Code proposed by SB 1066, to be operative only if
SB 1066 and this bill are both chaptered and become effective on or
before January 1, 2015, and this bill is chaptered last. This bill
would incorporate additional changes to Section 361.2 of the Welfare
and Institutions Code proposed by SB 977 and SB 1099, to be operative
only if this bill and either or both of those bills are chaptered
and become effective on or before January 1, 2015, and this bill is
chaptered last. This bill would incorporate additional changes to
Section 727 of the Welfare and Institutions Code proposed by AB 2607,
to be operative only if AB 2607 and this bill are both chaptered and
become effective on or before January 1, 2015, and this bill is
chaptered last. This bill would incorporate additional changes to
Section 16002 of the Welfare and Institutions Code proposed by SB
1099, to be operative only if SB 1099 and this bill are both
chaptered and become effective on or before January 1, 2015, and this
bill is chaptered last.
(13) By expanding the duties of local agencies, 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8707.1 is added to the Family Code, to read:
8707.1. (a) The agency responsible for recruitment of potential
adoptive parents shall make diligent efforts to recruit individuals
who reflect the ethnic, racial, and cultural diversity of children
for whom adoptive homes are needed.
(b) This section shall not be construed to affect the application
of the federal Indian Child Welfare Act.
SEC. 2. Section 17212 of the Family Code is amended to read:
17212. (a) It is the intent of the Legislature to protect
individual rights of privacy, and to facilitate and enhance the
effectiveness of the child and spousal support enforcement program,
by ensuring the confidentiality of support enforcement and child
abduction records, and to thereby encourage the full and frank
disclosure of information relevant to all of the following:
(1) The establishment or maintenance of parent and child
relationships and support obligations.
(2) The enforcement of the child support liability of absent
parents.
(3) The enforcement of spousal support liability of the spouse or
former spouse to the extent required by the state plan under Section
17604 and Chapter 6 (commencing with Section 4900) of Part 5 of
Division 9.
(4) The location of absent parents.
(5) The location of parents and children abducted, concealed, or
detained by them.
(b) (1) Except as provided in subdivision (c), all files,
applications, papers, documents, and records established or
maintained by any public entity pursuant to the administration and
implementation of the child and spousal support enforcement program
established pursuant to Part D (commencing with Section 651) of
Subchapter IV of Chapter 7 of Title 42 of the United States Code and
this division, shall be confidential, and shall not be open to
examination or released for disclosure for any purpose not directly
connected with the administration of the child and spousal support
enforcement program. No public entity shall disclose any file,
application, paper, document, or record, or the information contained
therein, except as expressly authorized by this section.
(2) In no case shall information be released or the whereabouts of
one party or the child disclosed to another party, or to the
attorney of any other party, if a protective order has been issued by
a court or administrative agency with respect to the party, a good
cause claim under Section 11477.04 of the Welfare and Institutions
Code has been approved or is pending, or the public agency
responsible for establishing paternity or enforcing support has
reason to believe that the release of the information may result in
physical or emotional harm to the party or the child. When a local
child support agency is prohibited from releasing information
pursuant to this subdivision, the information shall be omitted from
any pleading or document to be submitted to the court and this
subdivision shall be cited in the pleading or other document as the
authority for the omission. The information shall be released only
upon an order of the court pursuant to paragraph (6) of subdivision
(c).
(3) Notwithstanding any other provision of law, a proof of service
filed by the local child support agency shall not disclose the
address where service of process was accomplished. Instead, the local
child support agency shall keep the address in its own records. The
proof of service shall specify that the address is on record at the
local child support agency and that the address may be released only
upon an order from the court pursuant to paragraph (6) of subdivision
(c). The local child support agency shall, upon request by a party
served, release to that person the address where service was
effected.
(c) Disclosure of the information described in subdivision (b) is
authorized as follows:
(1) All files, applications, papers, documents, and records as
described in subdivision (b) shall be available and may be used by a
public entity for all administrative, civil, or criminal
investigations, actions, proceedings, or prosecutions conducted in
connection with the administration of the child and spousal support
enforcement program approved under Part D (commencing with Section
651) of Subchapter IV of Chapter 7 of Title 42 of the United States
Code and to the county welfare department responsible for
administering a program operated under a state plan pursuant to Part
A, Subpart 1 or 2 of Part B, or Part E of Subchapter IV of Chapter 7
of Title 42 of the United States Code.
(2) A document requested by a person who wrote, prepared, or
furnished the document may be examined by or disclosed to that person
or his or her designee.
(3) The payment history of an obligor pursuant to a support order
may be examined by or released to the court, the obligor, or the
person on whose behalf enforcement actions are being taken or that
person's designee.
(4) Income and expense information of either parent may be
released to the other parent for the purpose of establishing or
modifying a support order.
(5) Public records subject to disclosure under the Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of the
Government Code) may be released.
(6) After a noticed motion and a finding by the court, in a case
in which establishment or enforcement actions are being taken, that
release or disclosure to the obligor or obligee is required by due
process of law, the court may order a public entity that possesses an
application, paper, document, or record as described in subdivision
(b) to make that item available to the obligor or obligee for
examination or copying, or to disclose to the obligor or obligee the
contents of that item. Article 9 (commencing with Section 1040) of
Chapter 4 of Division 3 of the Evidence Code shall not be applicable
to proceedings under this part. At any hearing of a motion filed
pursuant to this section, the court shall inquire of the local child
support agency and the parties appearing at the hearing if there is
reason to believe that release of the requested information may
result in physical or emotional harm to a party. If the court
determines that harm may occur, the court shall issue any protective
orders or injunctive orders restricting the use and disclosure of the
information as are necessary to protect the individuals.
(7) To the extent not prohibited by federal law or regulation,
information indicating the existence or imminent threat of a crime
against a child, or location of a concealed, detained, or abducted
child or the location of the concealing, detaining, or abducting
person, may be disclosed to any district attorney, any appropriate
law enforcement agency, or to any state or county child protective
agency, or may be used in any judicial proceedings to prosecute that
crime or to protect the child.
(8) The social security number, most recent address, and the place
of employment of the absent parent may be released to an authorized
person as defined in Section 653(c) of Title 42 of the United States
Code, only if the authorized person has filed a request for the
information, and only if the information has been provided to the
California Parent Locator Service by the federal Parent Locator
Service pursuant to Section 653 of Title 42 of the United States
Code.
(9) A parent's or relative's name, social security number, most
recent address, telephone number, place of employment, or other
contact information may be released to a county child welfare agency
or county probation department pursuant to subdivision (c) of Section
17506.
(d) (1) "Administration and implementation of the child and
spousal support enforcement program," as used in this division, means
the carrying out of the state and local plans for establishing,
modifying, and enforcing child support obligations, enforcing spousal
support orders, and determining paternity pursuant to Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title
42 of the United States Code and this article.
(2) For purposes of this division, "obligor" means any person
owing a duty of support.
(3) As used in this division, "putative parent" shall refer to any
person reasonably believed to be the parent of a child for whom the
local child support agency is attempting to establish paternity or
establish, modify, or enforce support pursuant to Section 17400.
(e) Any person who willfully, knowingly, and intentionally
violates this section is guilty of a misdemeanor.
(f) Nothing in this section shall be construed to compel the
disclosure of information relating to a deserting parent who is a
recipient of aid under a public assistance program for which federal
aid is paid to this state, if that information is required to be kept
confidential by the federal law or regulations relating to the
program.
SEC. 3. Section 17506 of the Family Code is amended to read:
17506. (a) There is in the department a California Parent Locator
Service and Central Registry that shall collect and disseminate all
of the following, with respect to any parent, putative parent,
spouse, or former spouse:
(1) The full and true name of the parent together with any known
aliases.
(2) Date and place of birth.
(3) Physical description.
(4) Social security number.
(5) Employment history and earnings.
(6) Military status and Veterans Administration or military
service serial number.
(7) Last known address, telephone number, and date thereof.
(8) Driver's license number, driving record, and vehicle
registration information.
(9) Criminal, licensing, and applicant records and information.
(10) (A) Any additional location, asset, and income information,
including income tax return information obtained pursuant to Section
19285.1 of the Revenue and Taxation Code, and to the extent permitted
by federal law, the address, telephone number, and social security
number obtained from a public utility, cable television corporation,
a provider of electronic digital pager communication, or a provider
of mobile telephony services that may be of assistance in locating
the parent, putative parent, abducting, concealing, or detaining
parent, spouse, or former spouse, in establishing a parent and child
relationship, in enforcing the child support liability of the absent
parent, or enforcing the spousal support liability of the spouse or
former spouse to the extent required by the state plan pursuant to
Section 17604.
(B) For purposes of this subdivision, "income tax return
information" means all of the following regarding the taxpayer:
(i) Assets.
(ii) Credits.
(iii) Deductions.
(iv) Exemptions.
(v) Identity.
(vi) Liabilities.
(vii) Nature, source, and amount of income.
(viii) Net worth.
(ix) Payments.
(x) Receipts.
(xi) Address.
(xii) Social security number.
(b) Pursuant to a letter of agreement entered into between the
Department of Child Support Services and the Department of Justice,
the Department of Child Support Services shall assume responsibility
for the California Parent Locator Service and Central Registry. The
letter of agreement shall, at a minimum, set forth all of the
following:
(1) Contingent upon funding in the Budget Act, the Department of
Child Support Services shall assume responsibility for leadership and
staff of the California Parent Locator Service and Central Registry
commencing July 1, 2003.
(2) All employees and other personnel who staff or provide support
for the California Parent Locator Service and Central Registry
shall, at the time of the transition, at their option, become the
employees of the Department of Child Support Services at their
existing or equivalent classification, salaries, and benefits.
(3) Until the department's automation system for the California
Parent Locator Service and Central Registry functions is fully
operational, the department shall use the automation system operated
by the Department of Justice.
(4) Any other provisions necessary to ensure continuity of
function and meet or exceed existing levels of service.
(c) To effectuate the purposes of this section, the California
Child Support Automation System, the California Parent Locator
Service and Central Registry, and the Franchise Tax Board shall
utilize the federal Parent Locator Service to the extent necessary,
and may request and shall receive from all departments, boards,
bureaus, or other agencies of the state, or any of its political
subdivisions, and those entities shall provide, that assistance and
data that will enable the Department of Child Support Services and
other public agencies to carry out their powers and duties to locate
parents, spouses, and former spouses, and to identify their assets,
to establish parent-child relationships, and to enforce liability for
child or spousal support, and for any other obligations incurred on
behalf of children, and shall also provide that information to any
local child support agency in fulfilling the duties prescribed in
Section 270 of the Penal Code, and in Chapter 8 (commencing with
Section 3130) of Part 2 of Division 8 of this code, relating to
abducted, concealed, or detained children and to any county child
welfare agency or county probation department in fulfilling the
duties prescribed in Article 5.5 (commencing with Section 290.1) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, and prescribed in Article 6 (commencing with Section 300) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code to identify, locate, and notify parents or relatives of children
who are the subject of juvenile court proceedings, to establish
parent and child relationships pursuant to Section 316.2 of the
Welfare and Institutions Code, and to assess the appropriateness of
placement of a child with a noncustodial parent pursuant to Section
361.2 of the Welfare and Institutions Code. Consistent with paragraph
(1) of subdivision (e) of Section 309 of, and paragraph (2) of
subdivision (d) of Section 628 of, the Welfare and Institutions Code,
in order for county child welfare and probation departments to carry
out their duties to identify and locate all grandparents, adult
siblings, and other adult relatives of the child as defined in
paragraph (2) of subdivision (f) of Section 319 of the Welfare and
Institutions Code, including any other adult relatives suggested by
the parents, county personnel are permitted to request and receive
information from the California Parent Locator Service and Federal
Parent Locator Service. County child welfare agencies and probation
departments shall be entitled to the information described in this
subdivision regardless of whether an all-county letter or similar
instruction is issued pursuant to subparagraph (C) of paragraph (8)
of subdivision (c) of Section 11478.1 of the Welfare and Institutions
Code. The California Child Support Automation System shall be
entitled to the same cooperation and information as the California
Parent Locator Service and Central Registry to the extent allowed by
law. The California Child Support Automation System shall be allowed
access to criminal record information only to the extent that access
is allowed by state and federal law.
(d) (1) To effectuate the purposes of this section, and
notwithstanding any other provision of California law, regulation, or
tariff, and to the extent permitted by federal law, the California
Parent Locator Service and Central Registry and the California Child
Support Automation System may request and shall receive from public
utilities, as defined in Section 216 of the Public Utilities Code,
customer service information, including the full name, address,
telephone number, date of birth, employer name and address, and
social security number of customers of the public utility, to the
extent that this information is stored within the computer database
of the public utility.
(2) To effectuate the purposes of this section, and
notwithstanding any other provision of California law, regulation, or
tariff, and to the extent permitted by federal law, the California
Parent Locator Service and Central Registry and the California Child
Support Automation System may request and shall receive from cable
television corporations, as defined in Section 216.4 of the Public
Utilities Code, the providers of electronic digital pager
communication, as defined in Section 629.51 of the Penal Code, and
the providers of mobile telephony services, as defined in Section
224.4 of the Public Utilities Code, customer service information,
including the full name, address, telephone number, date of birth,
employer name and address, and social security number of customers of
the cable television corporation, customers of the providers of
electronic digital pager communication, and customers of the
providers of mobile telephony services.
(3) In order to protect the privacy of utility, cable television,
electronic digital pager communication, and mobile telephony service
customers, a request to a public utility, cable television
corporation, provider of electronic digital pager communication, or
provider of mobile telephony services for customer service
information pursuant to this section shall meet the following
requirements:
(A) Be submitted to the public utility, cable television
corporation, provider of electronic digital pager communication, or
provider of mobile telephony services in writing, on a transmittal
document prepared by the California Parent Locator Service and
Central Registry or the California Child Support Automation System
and approved by all of the public utilities, cable television
corporations, providers of electronic digital pager communication,
and providers of mobile telephony services. The transmittal shall be
deemed to be an administrative subpoena for customer service
information.
(B) Have the signature of a representative authorized by the
California Parent Locator Service and Central Registry or the
California Child Support Automation System.
(C) Contain at least three of the following data elements
regarding the person sought:
(i) First and last name, and middle initial, if known.
(ii) Social security number.
(iii) Driver's license number.
(iv) Birth date.
(v) Last known address.
(vi) Spouse's name.
(D) The California Parent Locator Service and Central Registry and
the California Child Support Automation System shall ensure that
each public utility, cable television corporation, provider of
electronic digital pager communication services, and provider of
mobile telephony services has at all times a current list of the
names of persons authorized to request customer service information.
(E) The California Child Support Automation System and the
California Parent Locator Service and Central Registry shall ensure
that customer service information supplied by a public utility, cable
television corporation, provider of electronic digital pager
communication, or provider of mobile telephony services is applicable
to the person who is being sought before releasing the information
pursuant to subdivision (d).
(4) During the development of the California Child Support
Automation System, the department shall determine the necessity of
additional locate sources, including those specified in this section,
based upon the cost-effectiveness of those sources.
(5) The public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider may charge a fee to the California Parent Locator Service
and Central Registry or the California Child Support Automation
System for each search performed pursuant to this subdivision to
cover the actual costs to the public utility, cable television
corporation, electronic digital pager communication provider, or
mobile telephony service provider for providing this information.
(6) No public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider or official or employee thereof, shall be subject to
criminal or civil liability for the release of customer service
information as authorized by this subdivision.
(e) Notwithstanding Section 14202 of the Penal Code, any records
established pursuant to this section shall be disseminated only to
the Department of Child Support Services, the California Child
Support Automation System, the California Parent Locator Service and
Central Registry, the parent locator services and central registries
of other states as defined by federal statutes and regulations, a
local child support agency of any county in this state, and the
federal Parent Locator Service. The California Child Support
Automation System shall be allowed access to criminal offender record
information only to the extent that access is allowed by law.
(f) (1) At no time shall any information received by the
California Parent Locator Service and Central Registry or by the
California Child Support Automation System be disclosed to any
person, agency, or other entity, other than those persons, agencies,
and entities specified pursuant to Section 17505, this section, or
any other provision of law.
(2) This subdivision shall not otherwise affect discovery between
parties in any action to establish, modify, or enforce child, family,
or spousal support, that relates to custody or visitation.
(g) (1) The Department of Justice, in consultation with the
Department of Child Support Services, shall promulgate rules and
regulations to facilitate maximum and efficient use of the California
Parent Locator Service and Central Registry. Upon implementation of
the California Child Support Automation System, the Department of
Child Support Services shall assume all responsibility for
promulgating rules and regulations for use of the California Parent
Locator Service and Central Registry.
(2) The Department of Child Support Services, the Public Utilities
Commission, the cable television corporations, providers of
electronic digital pager communication, and the providers of mobile
telephony services shall develop procedures for obtaining the
information described in subdivision (c) from public utilities, cable
television corporations, providers of electronic digital pager
communication, and providers of mobile telephony services and for
compensating the public utilities, cable television corporations,
providers of electronic digital pager communication, and providers of
mobile telephony services for providing that information.
(h) The California Parent Locator Service and Central Registry may
charge a fee not to exceed eighteen dollars ($18) for any service it
provides pursuant to this section that is not performed or funded
pursuant to Section 651 and following of Title 42 of the United
States Code.
(i) This section shall be construed in a manner consistent with
the other provisions of this article.
SEC. 3.5. Section 17506 of the Family Code is amended to read:
17506. (a) There is in the department a California Parent Locator
Service and Central Registry that shall collect and disseminate all
of the following, with respect to any parent, putative parent,
spouse, or former spouse:
(1) The full and true name of the parent together with any known
aliases.
(2) Date and place of birth.
(3) Physical description.
(4) Social security number.
(5) Employment history and earnings.
(6) Military status and Veterans Administration or military
service serial number.
(7) Last known address, telephone number, and date thereof.
(8) Driver's license number, driving record, and vehicle
registration information.
(9) Criminal, licensing, and applicant records and information.
(10) (A) Any additional location, asset, and income information,
including income tax return information obtained pursuant to Section
19548 of the Revenue and Taxation Code, and to the extent permitted
by federal law, the address, telephone number, and social security
number obtained from a public utility, cable television corporation,
a provider of electronic digital pager communication, or a provider
of mobile telephony services that may be of assistance in locating
the parent, putative parent, abducting, concealing, or detaining
parent, spouse, or former spouse, in establishing a parent and child
relationship, in enforcing the child support liability of the absent
parent, or enforcing the spousal support liability of the spouse or
former spouse to the extent required by the state plan pursuant to
Section 17604.
(B) For purposes of this subdivision, "income tax return
information" means all of the following regarding the taxpayer:
(i) Assets.
(ii) Credits.
(iii) Deductions.
(iv) Exemptions.
(v) Identity.
(vi) Liabilities.
(vii) Nature, source, and amount of income.
(viii) Net worth.
(ix) Payments.
(x) Receipts.
(xi) Address.
(xii) Social security number.
(b) Pursuant to a letter of agreement entered into between the
Department of Child Support Services and the Department of Justice,
the Department of Child Support Services shall assume responsibility
for the California Parent Locator Service and Central Registry. The
letter of agreement shall, at a minimum, set forth all of the
following:
(1) Contingent upon funding in the Budget Act, the Department of
Child Support Services shall assume responsibility for leadership and
staff of the California Parent Locator Service and Central Registry
commencing July 1, 2003.
(2) All employees and other personnel who staff or provide support
for the California Parent Locator Service and Central Registry
shall, at the time of the transition, at their option, become the
employees of the Department of Child Support Services at their
existing or equivalent classification, salaries, and benefits.
(3) Until the department's automation system for the California
Parent Locator Service and Central Registry functions is fully
operational, the department shall use the automation system operated
by the Department of Justice.
(4) Any other provisions necessary to ensure continuity of
function and meet or exceed existing levels of service.
(c) To effectuate the purposes of this section, the California
Child Support Automation System, the California Parent Locator
Service and Central Registry, and the Franchise Tax Board shall
utilize the federal Parent Locator Service to the extent necessary,
and may request and shall receive from all departments, boards,
bureaus, or other agencies of the state, or any of its political
subdivisions, and those entities shall provide, that assistance and
data that will enable the Department of Child Support Services and
other public agencies
to carry out their powers and duties to locate parents, spouses, and
former spouses, and to identify their assets, to establish
parent-child relationships, and to enforce liability for child or
spousal support, and for any other obligations incurred on behalf of
children, and shall also provide that information to any local child
support agency in fulfilling the duties prescribed in Section 270 of
the Penal Code, and in Chapter 8 (commencing with Section 3130) of
Part 2 of Division 8 of this code, relating to abducted, concealed,
or detained children and to any county child welfare agency or county
probation department in fulfilling the duties prescribed in Article
5.5 (commencing with Section 290.1) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code, and prescribed in
Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code to identify, locate,
and notify parents or relatives of children who are the subject of
juvenile court proceedings, to establish parent and child
relationships pursuant to Section 316.2 of the Welfare and
Institutions Code, and to assess the appropriateness of placement of
a child with a noncustodial parent pursuant to Section 361.2 of the
Welfare and Institutions Code. Consistent with paragraph (1) of
subdivision (e) of Section 309 of, and paragraph (2) of subdivision
(d) of Section 628 of, the Welfare and Institutions Code, in order
for county child welfare and probation departments to carry out their
duties to identify and locate all grandparents, adult siblings, and
other adult relatives of the child as defined in paragraph (2) of
subdivision (f) of Section 319 of the Welfare and Institutions Code,
including any other adult relatives suggested by the parents, county
personnel are permitted to request and receive information from the
California Parent Locator Service and Federal Parent Locator Service.
County child welfare agencies and probation departments shall be
entitled to the information described in this subdivision regardless
of whether an all-county letter or similar instruction is issued
pursuant to subparagraph (C) of paragraph (8) of subdivision (c) of
Section 11478.1 of the Welfare and Institutions Code. The California
Child Support Automation System shall be entitled to the same
cooperation and information as the California Parent Locator Service
and Central Registry to the extent allowed by law. The California
Child Support Automation System shall be allowed access to criminal
record information only to the extent that access is allowed by state
and federal law.
(d) (1) To effectuate the purposes of this section, and
notwithstanding any other law, regulation, or tariff, and to the
extent permitted by federal law, the California Parent Locator
Service and Central Registry and the California Child Support
Automation System may request and shall receive from public
utilities, as defined in Section 216 of the Public Utilities Code,
customer service information, including the full name, address,
telephone number, date of birth, employer name and address, and
social security number of customers of the public utility, to the
extent that this information is stored within the computer database
of the public utility.
(2) To effectuate the purposes of this section, and
notwithstanding any other law, regulation, or tariff, and to the
extent permitted by federal law, the California Parent Locator
Service and Central Registry and the California Child Support
Automation System may request and shall receive from cable television
corporations, as defined in Section 216.4 of the Public Utilities
Code, the providers of electronic digital pager communication, as
defined in Section 629.51 of the Penal Code, and the providers of
mobile telephony services, as defined in Section 224.4 of the Public
Utilities Code, customer service information, including the full
name, address, telephone number, date of birth, employer name and
address, and social security number of customers of the cable
television corporation, customers of the providers of electronic
digital pager communication, and customers of the providers of mobile
telephony services.
(3) In order to protect the privacy of utility, cable television,
electronic digital pager communication, and mobile telephony service
customers, a request to a public utility, cable television
corporation, provider of electronic digital pager communication, or
provider of mobile telephony services for customer service
information pursuant to this section shall meet the following
requirements:
(A) Be submitted to the public utility, cable television
corporation, provider of electronic digital pager communication, or
provider of mobile telephony services in writing, on a transmittal
document prepared by the California Parent Locator Service and
Central Registry or the California Child Support Automation System
and approved by all of the public utilities, cable television
corporations, providers of electronic digital pager communication,
and providers of mobile telephony services. The transmittal shall be
deemed to be an administrative subpoena for customer service
information.
(B) Have the signature of a representative authorized by the
California Parent Locator Service and Central Registry or the
California Child Support Automation System.
(C) Contain at least three of the following data elements
regarding the person sought:
(i) First and last name, and middle initial, if known.
(ii) Social security number.
(iii) Driver's license number.
(iv) Birth date.
(v) Last known address.
(vi) Spouse's name.
(D) The California Parent Locator Service and Central Registry and
the California Child Support Automation System shall ensure that
each public utility, cable television corporation, provider of
electronic digital pager communication services, and provider of
mobile telephony services has at all times a current list of the
names of persons authorized to request customer service information.
(E) The California Child Support Automation System and the
California Parent Locator Service and Central Registry shall ensure
that customer service information supplied by a public utility, cable
television corporation, provider of electronic digital pager
communication, or provider of mobile telephony services is applicable
to the person who is being sought before releasing the information
pursuant to subdivision (d).
(4) During the development of the California Child Support
Automation System, the department shall determine the necessity of
additional locate sources, including those specified in this section,
based upon the cost-effectiveness of those sources.
(5) The public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider may charge a fee to the California Parent Locator Service
and Central Registry or the California Child Support Automation
System for each search performed pursuant to this subdivision to
cover the actual costs to the public utility, cable television
corporation, electronic digital pager communication provider, or
mobile telephony service provider for providing this information.
(6) No public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider or official or employee thereof, shall be subject to
criminal or civil liability for the release of customer service
information as authorized by this subdivision.
(e) Notwithstanding Section 14203 of the Penal Code, any records
established pursuant to this section shall be disseminated only to
the Department of Child Support Services, the California Child
Support Automation System, the California Parent Locator Service and
Central Registry, the parent locator services and central registries
of other states as defined by federal statutes and regulations, a
local child support agency of any county in this state, and the
federal Parent Locator Service. The California Child Support
Automation System shall be allowed access to criminal offender record
information only to the extent that access is allowed by law.
(f) (1) At no time shall any information received by the
California Parent Locator Service and Central Registry or by the
California Child Support Automation System be disclosed to any
person, agency, or other entity, other than those persons, agencies,
and entities specified pursuant to Section 17505, this section, or
any other provision.
(2) This subdivision shall not otherwise affect discovery between
parties in any action to establish, modify, or enforce child, family,
or spousal support, that relates to custody or visitation.
(g) (1) The Department of Justice, in consultation with the
Department of Child Support Services, shall promulgate rules and
regulations to facilitate maximum and efficient use of the California
Parent Locator Service and Central Registry. Upon implementation of
the California Child Support Automation System, the Department of
Child Support Services shall assume all responsibility for
promulgating rules and regulations for use of the California Parent
Locator Service and Central Registry.
(2) The Department of Child Support Services, the Public Utilities
Commission, the cable television corporations, providers of
electronic digital pager communication, and the providers of mobile
telephony services shall develop procedures for obtaining the
information described in subdivision (c) from public utilities, cable
television corporations, providers of electronic digital pager
communication, and providers of mobile telephony services and for
compensating the public utilities, cable television corporations,
providers of electronic digital pager communication, and providers of
mobile telephony services for providing that information.
(h) The California Parent Locator Service and Central Registry may
charge a fee not to exceed eighteen dollars ($18) for any service it
provides pursuant to this section that is not performed or funded
pursuant to Section 651 and following of Title 42 of the United
States Code.
(i) This section shall be construed in a manner consistent with
the other provisions of this article.
SEC. 4. Section 1505 of the Health and Safety Code is amended to
read:
1505. This chapter does not apply to any of the following:
(a) Any health facility, as defined by Section 1250.
(b) Any clinic, as defined by Section 1202.
(c) Any juvenile placement facility approved by the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, or any
juvenile hall operated by a county.
(d) Any place in which a juvenile is judicially placed pursuant to
subdivision (a) of Section 727 of the Welfare and Institutions Code.
(e) Any child day care facility, as defined in Section 1596.750.
(f) Any facility conducted by and for the adherents of any
well-recognized church or religious denomination for the purpose of
providing facilities for the care or treatment of the sick who depend
upon prayer or spiritual means for healing in the practice of the
religion of the church or denomination.
(g) Any school dormitory or similar facility determined by the
department.
(h) Any house, institution, hotel, homeless shelter, or other
similar place that supplies board and room only, or room only, or
board only, provided that no resident thereof requires any element of
care as determined by the director.
(i) Recovery houses or other similar facilities providing group
living arrangements for persons recovering from alcoholism or drug
addiction where the facility provides no care or supervision.
(j) Any alcoholism or drug abuse recovery or treatment facility as
defined by Section 11834.11.
(k) Any arrangement for the receiving and care of persons by a
relative or any arrangement for the receiving and care of persons
from only one family by a close friend of the parent, guardian, or
conservator, if the arrangement is not for financial profit and
occurs only occasionally and irregularly, as defined by regulations
of the department. For purposes of this chapter, arrangements for the
receiving and care of persons by a relative shall include relatives
of the child for the purpose of keeping sibling groups together.
(l) (1) Any home of a relative caregiver of children who are
placed by a juvenile court, supervised by the county welfare or
probation department, and the placement of whom is approved according
to subdivision (d) of Section 309 of the Welfare and Institutions
Code.
(2) Any home of a nonrelative extended family member, as described
in Section 362.7 of the Welfare and Institutions Code, providing
care to children who are placed by a juvenile court, supervised by
the county welfare or probation department, and the placement of whom
is approved according to subdivision (d) of Section 309 of the
Welfare and Institutions Code.
(3) On and after January 1, 2012, any supervised independent
living placement for nonminor dependents, as defined in subdivision
(w) of Section 11400 of the Welfare and Institutions Code, who are
placed by the juvenile court, supervised by the county welfare
department, probation department, Indian tribe, consortium of tribes,
or tribal organization that entered into an agreement pursuant to
Section 10553.1 of the Welfare and Institutions Code, and whose
placement is approved pursuant to subdivision (k) of Section 11400 of
the Welfare and Institutions Code.
(4) A Transitional Housing Program-Plus, as defined in subdivision
(s) of Section 11400 of the Welfare and Institutions Code, that
serves only eligible former foster youth over 18 years of age who
have exited from the foster care system on or after their 18th
birthday, and that has obtained certification from the applicable
county in accordance with subdivision (c) of Section 16522 of the
Welfare and Institutions Code.
(m) Any supported living arrangement for individuals with
developmental disabilities, as defined in Section 4689 of the Welfare
and Institutions Code.
(n) (1) Any family home agency, family home, or family teaching
home as defined in Section 4689.1 of the Welfare and Institutions
Code, that is vendored by the State Department of Developmental
Services and that does any of the following:
(A) As a family home approved by a family home agency, provides
24-hour care for one or two adults with developmental disabilities in
the residence of the family home provider or providers and the
family home provider or providers' family, and the provider is not
licensed by the State Department of Social Services or the State
Department of Public Health or certified by a licensee of the State
Department of Social Services or the State Department of Public
Health.
(B) As a family teaching home approved by a family home agency,
provides 24-hour care for a maximum of three adults with
developmental disabilities in independent residences, whether
contiguous or attached, and the provider is not licensed by the State
Department of Social Services or the State Department of Public
Health or certified by a licensee of the State Department of Social
Services or the State Department of Public Health.
(C) As a family home agency, engages in recruiting, approving, and
providing support to family homes.
(2) No part of this subdivision shall be construed as establishing
by implication either a family home agency or family home licensing
category.
(o) Any facility in which only Indian children who are eligible
under the federal Indian Child Welfare Act (Chapter 21 (commencing
with Section 1901) of Title 25 of the United States Code) are placed
and that is one of the following:
(1) An extended family member of the Indian child, as defined in
Section 1903 of Title 25 of the United States Code.
(2) A foster home that is licensed, approved, or specified by the
Indian child's tribe pursuant to Section 1915 of Title 25 of the
United States Code.
(p) (1) (A) Any housing occupied by elderly or disabled persons,
or both, that is initially approved and operated under a regulatory
agreement pursuant to Section 202 of Public Law 86-372 (12 U.S.C.
Sec. 1701q), or Section 811 of Public Law 101-625 (42 U.S.C. Sec.
8013), or whose mortgage is insured pursuant to Section 236 of Public
Law 90-448 (12 U.S.C. Sec. 1715z), or that receives mortgage
assistance pursuant to Section 221d (3) of Public Law 87-70 (12
U.S.C. Sec. 1715 l ), where supportive services are made
available to residents at their option, as long as the project owner
or operator does not contract for or provide the supportive services.
(B) Any housing that qualifies for a low-income housing credit
pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or
that is subject to the requirements for rental dwellings for
low-income families pursuant to Section 8 of Public Law 93-383 (42
U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
persons, or both, where supportive services are made available to
residents at their option, as long as the project owner or operator
does not contract for or provide the supportive services.
(2) The project owner or operator to which paragraph (1) applies
may coordinate, or help residents gain access to, the supportive
services, either directly, or through a service coordinator.
(q) A resource family, as defined in Section 16519.5 of the
Welfare and Institutions Code
(r) Any similar facility determined by the director.
SEC. 5. Section 1515 of the Health and Safety Code is amended to
read:
1515. (a) The department shall authorize county welfare
departments to undertake comprehensive recruitment programs,
including but not limited to media advertising, public awareness
campaigns and public speaking engagements to ensure an adequate
number of foster homes are available to meet the child welfare
placement needs in each county.
(b) In counties in which the county has contracted with the state
to license foster parents, if the county undertakes a recruitment
program, it shall be done by the placement agency. The state shall
not be required to perform any acts in connection with a recruitment
program.
(c) The recruitment of potential foster parents shall include
diligent efforts to recruit individuals who reflect the ethnic,
racial, and cultural diversity of foster children.
SEC. 6. Section 11105.08 is added to the Penal Code, to read:
11105.08. (a) Notwithstanding any other law, a tribal child
welfare agency may request from the Department of Justice state and
federal level summary criminal history information for the purpose of
approving a tribal home for the placement of an Indian child into
foster or adoptive care.
(b) A tribal child welfare agency shall submit to the Department
of Justice fingerprint images and related information required by the
Department of Justice of an individual applying with the tribal
agency as a prospective foster parent, adoptive parent, any adult who
resides or is employed in the home of an applicant, or employee of
the child welfare agency who may have contact with a child, for the
purposes of obtaining information as to the existence and content of
a record of state or federal convictions and state or federal arrests
and also information as to the existence and content of a record of
state or federal arrests for which the Department of Justice
establishes that the person is released on bail or on his or her own
recognizance pending trial or appeal.
(c) Upon receipt of a request for federal summary criminal history
information received pursuant to this section, the Department of
Justice shall forward the request to the Federal Bureau of
Investigation. The Department of Justice shall review the information
returned from the Federal Bureau of Investigation and compile and
disseminate a response to the requesting tribal child welfare agency.
(d) The Department of Justice shall provide a state and federal
level response to a tribal child welfare agency pursuant to
subdivision (m) of Section 11105 of the Penal Code.
(e) A child welfare agency shall request from the Department of
Justice subsequent notification service pursuant to Section 11105.2
of the Penal Code for persons described in paragraph (b).
(f) The Department of Justice may charge a fee sufficient to cover
the reasonable and appropriate costs of processing the request
pursuant to this section.
(g) As used in this section a "tribal child welfare agency" means
an entity designated by a federally recognized tribe as authorized to
approve a home consistent with the federal Indian Child Welfare Act
(25 U.S.C. 1903 et seq.), for the purpose of placement of an Indian
child into foster or adoptive care, including the authority to
conduct a criminal or child abuse background check of an individual
who is a prospective foster parent or adoptive parent, an adult who
resides or is employed in the home of an applicant for approval, or
an employee of a tribal child welfare agency who may have contact
with a child.
SEC. 7. Section 11170 of the Penal Code is amended to read:
11170. (a) (1) The Department of Justice shall maintain an index
of all reports of child abuse and severe neglect submitted pursuant
to Section 11169. The index shall be continually updated by the
department and shall not contain any reports that are determined to
be not substantiated. The department may adopt rules governing
recordkeeping and reporting pursuant to this article.
(2) The department shall act only as a repository of reports of
suspected child abuse and severe neglect to be maintained in the
Child Abuse Central Index (CACI) pursuant to paragraph (1). The
submitting agencies are responsible for the accuracy, completeness,
and retention of the reports described in this section. The
department shall be responsible for ensuring that the CACI accurately
reflects the report it receives from the submitting agency.
(3) Only information from reports that are reported as
substantiated shall be filed pursuant to paragraph (1), and all other
determinations shall be removed from the central list. If a person
listed in the CACI was under 18 years of age at the time of the
report, the information shall be deleted from the CACI 10 years from
the date of the incident resulting in the CACI listing, if no
subsequent report concerning the same person is received during that
time period.
(b) The provisions of subdivision (c) of Section 11169 apply to
any information provided pursuant to this subdivision.
(1) The Department of Justice shall immediately notify an agency
that submits a report pursuant to Section 11169, or a prosecutor who
requests notification, of any information maintained pursuant to
subdivision (a) that is relevant to the known or suspected instance
of child abuse or severe neglect reported by the agency. The agency
shall make that information available to the reporting health care
practitioner who is treating a person reported as a possible victim
of known or suspected child abuse. The agency shall make that
information available to the reporting child custodian, Child Abuse
Prevention and Treatment Act guardian ad litem appointed under Rule
5.662 of the California Rules of Court, or counsel appointed under
Section 317 or 318 of the Welfare and Institutions Code, or the
appropriate licensing agency, if he or she or the licensing agency is
handling or investigating a case of known or suspected child abuse
or severe neglect.
(2) When a report is made pursuant to subdivision (a) of Section
11166, or Section 11166.05, the investigating agency, upon completion
of the investigation or after there has been a final disposition in
the matter, shall inform the person required or authorized to report
of the results of the investigation and of any action the agency is
taking with regard to the child or family.
(3) The Department of Justice shall make relevant information from
the CACI available to a law enforcement agency, county welfare
department, or county probation department that is conducting a child
abuse investigation.
(4) The department shall make available to the State Department of
Social Services, or to any county licensing agency that has
contracted with the state for the performance of licensing duties, or
to a tribal court or tribal child welfare agency of a tribe,
consortium of tribes, or tribal organization that has entered into an
agreement with the state pursuant to Section 10553.1 of the Welfare
and Institutions Code, information regarding a known or suspected
child abuser maintained pursuant to this section and subdivision (a)
of Section 11169 concerning any person who is an applicant for
licensure or approval, or any adult who resides or is employed in the
home of an applicant for licensure or approval, or who is an
applicant for employment in a position having supervisorial or
disciplinary power over a child or children, or who will provide
24-hour care for a child or children in a residential home or
facility, pursuant to Section 1522.1 or 1596.877 of the Health and
Safety Code, or Section 8714, 8802, 8912, or 9000 of the Family Code,
or Section 11403.2 of the Welfare and Institutions Code.
(5) The Department of Justice shall make available to a Court
Appointed Special Advocate program that is conducting a background
investigation of an applicant seeking employment with the program or
a volunteer position as a Court Appointed Special Advocate, as
defined in Section 101 of the Welfare and Institutions Code,
information contained in the index regarding known or suspected child
abuse by the applicant.
(6) For purposes of child death review, the Department of Justice
shall make available to the chairperson, or the chairperson's
designee, for each county child death review team, or the State Child
Death Review Council, information for investigative purposes only
that is maintained in the CACI pursuant to subdivision (a) relating
to the death of one or more children and any prior child abuse or
neglect investigation reports maintained involving the same victims,
siblings, or suspects. Local child death review teams may share any
relevant information regarding case reviews involving child death
with other child death review teams.
(7) The department shall make available to investigative agencies
or probation officers, or court investigators acting pursuant to
Section 1513 of the Probate Code, responsible for placing children or
assessing the possible placement of children pursuant to Article 6
(commencing with Section 300), Article 7 (commencing with Section
305), Article 10 (commencing with Section 360), or Article 14
(commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions
Code, or Article 2 (commencing with Section 1510) or Article 3
(commencing with Section 1540) of Chapter 1 of Part 2 of Division 4
of the Probate Code, information regarding a known or suspected child
abuser contained in the index concerning any adult residing in the
home where the child may be placed, when this information is
requested for purposes of ensuring that the placement is in the best
interest of the child. Upon receipt of relevant information
concerning child abuse or neglect investigation reports contained in
the CACI from the Department of Justice pursuant to this subdivision,
the agency or court investigator shall notify, in writing, the
person listed in the CACI that he or she is in the index. The
notification shall include the name of the reporting agency and the
date of the report.
(8) Pursuant to Section 10553.12 of the Welfare and Institutions
Code, the department shall make available to a tribal child welfare
agency information regarding a known or suspected child abuser
maintained pursuant to this section or subdivision (a) of Section
11169 who is being considered as a prospective foster parent or
adoptive parent, an adult who resides or is employed in the home of
an applicant for approval, or an employee of the tribal child welfare
agency who may have contact with children.
(9) The Department of Justice shall make available to a government
agency conducting a background investigation pursuant to Section
1031 of the Government Code of an applicant seeking employment as a
peace officer, as defined in Section 830, information regarding a
known or suspected child abuser maintained pursuant to this section
concerning the applicant.
(10) The Department of Justice shall make available to a county
child welfare agency or delegated county adoption agency, as defined
in Section 8515 of the Family Code, conducting a background
investigation, or a government agency conducting a background
investigation on behalf of one of those agencies, information
regarding a known or suspected child abuser maintained pursuant to
this section and subdivision (a) of Section 11169 concerning any
applicant seeking employment or volunteer status with the agency who,
in the course of his or her employment or volunteer work, will have
direct contact with children who are alleged to have been, are at
risk of, or have suffered, abuse or neglect.
(11) (A) Persons or agencies, as specified in subdivision (b), if
investigating a case of known or suspected child abuse or neglect, or
the State Department of Social Services or any county licensing
agency pursuant to paragraph (4), or a Court Appointed Special
Advocate (CASA) program conducting a background investigation for
employment or volunteer candidates pursuant to paragraph (5), or an
investigative agency, probation officer, or court investigator
responsible for placing children or assessing the possible placement
of children pursuant to paragraph (7), or a government agency
conducting a background investigation of an applicant seeking
employment as a peace officer pursuant to paragraph (9), or a county
child welfare agency or delegated county adoption agency conducting a
background investigation of an applicant seeking employment or
volunteer status who, in the course of his or her employment or
volunteer work, will have direct contact with children who are
alleged to have been, are at risk of, or have suffered, abuse or
neglect, pursuant to paragraph (10), to whom disclosure of any
information maintained pursuant to subdivision (a) is authorized, are
responsible for obtaining the original investigative report from the
reporting agency, and for drawing independent conclusions regarding
the quality of the evidence disclosed, and its sufficiency for making
decisions regarding investigation, prosecution, licensing, placement
of a child, employment or volunteer positions with a CASA program,
or employment as a peace officer.
(B) If CACI information is requested by an agency for the
temporary placement of a child in an emergency situation pursuant to
Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code, the department is
exempt from the requirements of Section 1798.18 of the Civil Code if
compliance would cause a delay in providing an expedited response to
the agency's inquiry and if further delay in placement may be
detrimental to the child.
(12) (A) Whenever information contained in the Department of
Justice files is furnished as the result of an application for
employment or licensing or volunteer status pursuant to paragraph
(4), (5), (8), (9), or (10), the Department of Justice may charge the
person or entity making the request a fee. The fee shall not exceed
the reasonable costs to the department of providing the information.
The only increase shall be at a rate not to exceed the legislatively
approved cost-of-living adjustment for the department. In no case
shall the fee exceed fifteen dollars ($15).
(B) All moneys received by the department pursuant to this section
to process trustline applications for purposes of Chapter 3.35
(commencing with Section 1596.60) of Division 2 of the Health and
Safety Code shall be deposited in a special account in the General
Fund that is hereby established and named the Department of Justice
Child Abuse Fund. Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process trustline automated child
abuse or neglect system checks pursuant to this section.
(C) All moneys, other than those described in subparagraph (B),
received by the department pursuant to this paragraph shall be
deposited in a special account in the General Fund which is hereby
created and named the Department of Justice Sexual Habitual Offender
Fund. The funds shall be available, upon appropriation by the
Legislature, for expenditure by the department to offset the costs
incurred pursuant to Chapter 9.5 (commencing with Section 13885) and
Chapter 10 (commencing with Section 13890) of Title 6 of Part 4, and
the DNA and Forensic Identification Data Base and Data Bank Act of
1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1),
and for maintenance and improvements to the statewide Sexual Habitual
Offender Program and the California DNA offender identification file
(CAL-DNA) authorized by Chapter 9.5 (commencing with Section 13885)
of Title 6 of Part 4 and the DNA and Forensic Identification Data
Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section
295) of Title 9 of Part 1).
(c) (1) The Department of Justice shall make available to any
agency responsible for placing children pursuant to Article 7
(commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of
the Welfare and Institutions Code, upon request, relevant
information concerning child abuse or neglect reports contained in
the index, when making a placement with a responsible relative
pursuant to Sections 281.5, 305, and 361.3 of the Welfare and
Institutions Code. Upon receipt of relevant information concerning
child abuse or neglect reports contained in the index from the
Department of Justice pursuant to this subdivision, the agency shall
also notify in writing the person listed in the CACI that he or she
is in the index. The notification shall include the location of the
original investigative report and the submitting agency. The
notification shall be submitted to the person listed at the same time
that all other parties are notified of the information, and no later
than the actual judicial proceeding that determines placement.
(2) If information is requested by an agency for the placement of
a child with a responsible relative in an emergency situation
pursuant to Article 7 (commencing with Section 305) of Chapter 2 of
Part 1 of Division 2 of the Welfare and Institutions Code, the
department is exempt from the requirements of Section 1798.18 of the
Civil Code if compliance would cause a delay in providing an
expedited response to the child protective agency's inquiry and if
further delay in placement may be detrimental to the child.
(d) The department shall make available any information maintained
pursuant to subdivision (a) to out-of-state law enforcement agencies
conducting investigations of known or suspected child abuse or
neglect only when an agency makes the request for information in
writing and on official letterhead, or as designated by the
department, identifying the suspected abuser or victim by name and
date of birth or approximate age. The request shall be signed by the
department supervisor of the requesting law enforcement agency. The
written requests shall cite the out-of-state statute or interstate
compact provision that requires that the information contained within
these reports shall be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
shall cite the safeguards in place to prevent unlawful disclosure of
any confidential information provided by the requesting state or the
applicable interstate compact provision.
(e) (1) The department shall make available to an out-of-state
agency, for purposes of approving a prospective foster or adoptive
parent in compliance with the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248), information regarding a known or
suspected child abuser maintained pursuant to subdivision (a)
concerning the prospective foster or adoptive parent, and any other
adult living in the home of the prospective foster or adoptive
parent. The department shall make that information available only
when the out-of-state agency makes the request indicating that
continual compliance will be maintained with the requirement in
paragraph (20) of subsection (a) of Section 671 of Title 42 of the
United States Code that requires the state to have in place
safeguards to prevent the unauthorized disclosure of information in
any child abuse and neglect registry maintained by the state and
prevent the information from being used for a purpose other than the
conducting of background checks in foster or adoption placement
cases.
(2) With respect to any information provided by the department in
response to the out-of-state agency's request, the out-of-state
agency is responsible for obtaining the original investigative report
from the reporting agency, and for drawing independent conclusions
regarding the quality of the evidence disclosed and its sufficiency
for making decisions regarding the approval of prospective foster or
adoptive parents.
(3) (A) Whenever information contained in the index is furnished
pursuant to this subdivision, the department shall charge the
out-of-state agency making the request a fee. The fee shall not
exceed the reasonable costs to the department of providing the
information. The only increase shall be at a rate not to exceed the
legislatively approved cost-of-living adjustment for the department.
In no case shall the fee exceed fifteen dollars ($15).
(B) All moneys received by the department pursuant to this
subdivision shall be deposited in the Department of Justice Child
Abuse Fund, established under subparagraph (B) of paragraph (12) of
subdivision (b). Moneys in the fund shall be available, upon
appropriation by the Legislature, for expenditure by the department
to offset the costs incurred to process requests for information
pursuant to this subdivision.
(f) (1) Any person may determine if he or she is listed in the
CACI by making a request in writing to the Department of Justice. The
request shall be notarized and include the person's name, address,
date of birth, and either a social security number or a California
identification number. Upon receipt of a notarized request, the
Department of Justice shall make available to the requesting person
information identifying the date of the report and the submitting
agency. The requesting person is responsible for obtaining the
investigative report from the submitting agency pursuant to paragraph
(11) of subdivision (b) of Section 11167.5.
(2) No person or agency shall require or request another person to
furnish a copy of a record concerning himself or herself, or
notification that a record concerning himself or herself exists or
does not exist, pursuant to paragraph (1).
(g) If a person is listed in the CACI only as a victim of child
abuse or neglect, and that person is 18 years of age or older, that
person may have his or her name removed from the index by making a
written request to the Department of Justice. The request shall be
notarized and include the person's name, address, social security
number, and date of birth.
SEC. 8. Section 305.5 of the Welfare and Institutions Code is
amended to read:
305.5. (a) If an Indian child, who is a ward of a tribal court or
resides or is domiciled within a reservation of an Indian tribe that
has exclusive jurisdiction over child custody proceedings as
recognized in Section 1911 of Title 25 of the United States Code or
reassumed exclusive jurisdiction over Indian child custody
proceedings pursuant to Section 1918 of Title 25 of the United States
Code, has been removed by a state or local authority from the
custody of his or her parents or Indian custodian, the state or local
authority shall provide notice of the removal to the tribe no later
than the next working day following the removal and shall provide all
relevant documentation to the tribe regarding the removal and the
child's identity. If the tribe determines that the child is an Indian
child, the state or local authority shall transfer the child custody
proceeding to the tribe within 24 hours after receipt of written
notice from the tribe of that determination.
(b) In the case of an Indian child who is not domiciled or
residing within a reservation of an Indian tribe or who resides or is
domiciled within a reservation of an Indian tribe that does not have
exclusive jurisdiction over child custody proceedings pursuant to
Section 1911 or 1918 of Title 25 of the United States Code, the court
shall transfer the proceeding to the jurisdiction of the child's
tribe upon petition of either parent, the Indian custodian, if any,
or the child's tribe, unless the court finds good cause not to
transfer. The court shall dismiss the proceeding or terminate
jurisdiction only after receiving proof that the tribal court has
accepted the transfer of jurisdiction. At the time that the court
dismisses the proceeding or terminates jurisdiction, the court shall
also make an order transferring the physical custody of the child to
the tribal court.
(c) (1) If a petition to transfer proceedings as described in
subdivision (b) is filed, the court shall find good cause to deny the
petition if one or more of the following circumstances are shown to
exist:
(A) One or both of the child's parents object to the transfer.
(B) The child's tribe does not have a "tribal court" as defined in
Section 1910 of Title 25 of the United States Code.
(C) The tribal court of the child's tribe declines the transfer.
(2) Good cause not to transfer the proceeding may exist if:
(A) The evidence necessary to decide the case cannot be presented
in the tribal court without undue hardship to the parties or the
witnesses, and the tribal court is unable to mitigate the hardship by
making arrangements to receive and consider the evidence or
testimony by use of remote communication, by hearing the evidence or
testimony at a location convenient to the parties or witnesses, or by
use of other means permitted in the tribal court's rules of evidence
or discovery.
(B) The proceeding was at an advanced stage when the petition to
transfer was received and the petitioner did not file the petition
within a reasonable time after receiving notice of the proceeding,
provided the notice complied with Section 224.2. It shall not, in and
of itself, be considered an unreasonable delay for a party to wait
until reunification efforts have failed and reunification services
have been terminated before filing a petition to transfer.
(C) The Indian child is over 12 years of age and objects to the
transfer.
(D) The parents of the child over five years of age are not
available and the child has had little or no contact with the child's
tribe or members of the child's tribe.
(3) Socioeconomic conditions and the perceived adequacy of tribal
social services or judicial systems may not be considered in a
determination that good cause exists.
(4) The burden of establishing good cause to the contrary shall be
on the party opposing the transfer. If the court believes, or any
party asserts, that good cause to the contrary exists, the reasons
for that belief or assertion shall be stated in writing and made
available to all parties who are petitioning for the transfer, and
the petitioner shall have the opportunity to provide information or
evidence in rebuttal of the belief or assertion.
(5) Nothing in this section or Section 1911 or 1918 of Title 25 of
the United States Code shall be construed as requiring a tribe to
petition the Secretary of the Interior to reassume exclusive
jurisdiction pursuant to Section 1918 of Title 25 of the United
States Code prior to exercising jurisdiction over a proceeding
transferred under subdivision (b).
(d) An Indian child's domicile or place of residence is determined
by that of the parent, guardian, or Indian custodian with whom the
child maintained his or her primary place of abode at the time the
Indian child custody proceedings were initiated.
(e) If any petitioner in an Indian child custody proceeding has
improperly removed the child from the custody of the parent or Indian
custodian or has improperly retained custody after a visit or other
temporary relinquishment of custody, the court shall decline
jurisdiction over the petition and shall immediately return the child
to his or her parent or Indian custodian, unless returning the child
to the parent or Indian custodian would subject the child to a
substantial and immediate danger or threat of danger.
(f) Nothing in this section shall be construed to prevent the
emergency removal of an Indian child who is a ward of a tribal court
or resides or is domiciled within a reservation of an Indian tribe,
but is temporarily located off the reservation, from a parent or
Indian custodian or the emergency placement of the child in a foster
home or institution in order to prevent imminent physical damage or
harm to the child. The state or local authority shall ensure that the
emergency removal or placement terminates immediately when the
removal or placement is no longer necessary to prevent imminent
physical damage or harm to the child and shall expeditiously initiate
an Indian child custody proceeding, transfer the child to the
jurisdiction of the Indian child's tribe, or restore the child to the
parent or Indian custodian, as may be appropriate.
(g) When an Indian child is transferred from a county juvenile
court to an Indian tribe pursuant to subdivision (a), (b), or (f),
the county shall, pursuant to Section 827.15, release the child case
file to the tribe having jurisdiction.
SEC. 9. 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) The approved home of a resource family as defined in Section
16519.5.
(5) 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.
(6) 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.
(7) 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.
(8) A home or facility in accordance with the federal Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(9) A child under six years of age 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 of this
code, 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.
(10) (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
subparagraphs (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.
(11) 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 shall 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, 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) An agency shall ensure placement of a 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. 9.2. 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) The approved home of a resource family as defined in Section
16519.5.
(5) 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.
(6) 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.
(7) 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.
(8) A home or facility in accordance with the federal Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(9) A child under six years of age 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 of this
code, 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.
(10) (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
subparagraphs (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.
(11) 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 shall 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 physical 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) An agency shall ensure placement of a 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. 9.3. 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. The fact that the parent is
enrolled in a certified substance abuse treatment facility that
allows a dependent child to reside with his or her parent shall not
be, for that reason alone, prima facie evidence that placement with
that parent would be detrimental.
(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) The approved home of a resource family as defined in Section
16519.5.
(5) 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.
(6) 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.
(7) 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.
(8) A home or facility in accordance with the federal Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(9) A child under six years of age 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 of this
code, 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.
(10) (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
subparagraphs (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.
(11) 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 shall 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, 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) An agency shall ensure placement of a 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. 9.5. 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. The fact that the parent is
enrolled in a certified substance abuse treatment facility that
allows a dependent child to reside with his or her parent shall not
be, for that reason alone, prima facie evidence that placement with
that parent would be detrimental.
(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) The approved home of a resource family as defined in Section
16519.5.
(5) 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.
(6) 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.
(7) 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.
(8) A home or facility in accordance with the federal Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(9) A child under six years of age 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 of this
code, 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.
(10) (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
subparagraphs (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.
(11) 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 shall 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, 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) An agency shall ensure placement of a 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. 10. Section 361.4 of the Welfare and Institutions Code is
amended to read:
361.4. (a) Prior to placing a child in the home of a relative, or
the home of any prospective guardian or other person who is not a
licensed or certified foster parent, the county social worker shall
visit the home to ascertain the appropriateness of the placement.
(b) (1) Whenever a child may be placed in the home of a relative,
or the home of any prospective guardian or other person who is not a
licensed or certified foster parent, the court or county social
worker placing the child shall cause a state-level criminal records
check to be conducted by an appropriate government agency through the
California Law Enforcement Telecommunications System (CLETS)
pursuant to Section 16504.5. The criminal records check shall be
conducted with regard to all persons over 18 years of age living in
the home, and on any other person over 18 years of age, other than
professionals providing professional services to the child, known to
the placing entity who may have significant contact with the child,
including any person who has a familial or intimate relationship with
any person living in the home. A criminal records check may be
conducted pursuant to this section on any person over 14 years of age
living in the home who the county social worker believes may have a
criminal record. Within 10 calendar days following the criminal
records check conducted through the California Law Enforcement
Telecommunications System, the social worker shall ensure that a
fingerprint clearance check of the relative and any other person
whose criminal record was obtained pursuant to this subdivision is
initiated through the Department of Justice to ensure the accuracy of
the criminal records check conducted through the California Law
Enforcement Telecommunications System and shall review the results of
any criminal records check to assess the safety of the home. The
Department of Justice shall forward fingerprint requests for
federal-level criminal history information to the Federal Bureau of
Investigation pursuant to this section.
(2) An identification card from a foreign consulate or foreign
passport shall be considered a valid form of identification for
conducting a criminal records check and fingerprint clearance check
under this subdivision and under subdivision (c).
(c) Whenever a child may be placed in the home of a relative, or a
prospective guardian or other person who is not a licensed or
certified foster parent, the county social worker shall cause a check
of the Child Abuse Central Index pursuant to subdivision (a) of
Section 11170 of the Penal Code to be requested from the Department
of Justice. The Child Abuse Central Index check shall be conducted on
all persons over 18 years of age living in the home. For any
application received on or after January 1, 2008, if any person in
the household is 18 years of age or older and has lived in another
state in the preceding five years, the county social worker shall
check the other state's child abuse and neglect registry to the
extent required by federal law.
(d) (1) If the results of the California and federal criminal
records check indicates that the person has no criminal record, the
county social worker and court may consider the home of the relative,
prospective guardian, or other person who is not a licensed or
certified foster parent for placement of a child.
(2) If the criminal records check indicates that the person has
been convicted of a crime that the Director of Social Services cannot
grant an exemption for under Section 1522 of the Health and Safety
Code, the child shall not be placed in the home. If the criminal
records check indicates that the person has been convicted of a crime
that the Director of Social Services may grant an exemption for
under Section 1522 of the Health and Safety Code, the child shall not
be placed in the home unless a criminal records exemption has been
granted by the county, based on substantial and convincing evidence
to support a reasonable belief that the person with the criminal
conviction is of such good character as to justify the placement and
not present a risk of harm to the child pursuant to paragraph (3).
(3) (A) A county may issue a criminal records exemption only if
that county has been granted permission by the Director of Social
Services to issue criminal records exemptions. The county may file a
request with the Director of Social Services seeking permission for
the county to establish a procedure to evaluate and grant appropriate
individual criminal records exemptions for persons described in
subdivision (b). The director shall grant or deny the county's
request within 14 days of receipt. The county shall evaluate
individual criminal records in accordance with the standards and
limitations set forth in paragraph (1) of subdivision (g) of Section
1522 of the Health and Safety Code, and in no event shall the county
place a child in the home of a person who is ineligible for an
exemption under that provision.
(B) The department shall monitor county implementation of the
authority to grant an exemption under this paragraph to ensure that
the county evaluates individual criminal records and allows or
disallows placements according to the standards set forth in
paragraph (1) of subdivision (g) of Section 1522 of the Health and
Safety Code.
(4) The department shall conduct an evaluation of the
implementation of paragraph (3) through random sampling of county
exemption decisions.
(5) The State Department of Social Services shall not evaluate or
grant criminal records exemption requests for persons described in
subdivision (b), unless the exemption request is made by an Indian
tribe pursuant to subdivision (f).
(6) If a county has not requested, or has not been granted,
permission by the State Department of Social Services to establish a
procedure to evaluate and grant criminal records exemptions, the
county shall not place a child into the home of a person described in
subdivision (b) if any person residing in the home has been
convicted of a crime other than a minor traffic violation, except as
provided in subdivision (f).
(e) Nothing in this section shall preclude a county from
conducting a criminal background check that the county is otherwise
authorized to conduct using fingerprints.
(f) The State Department of Social Services shall evaluate a
request from an Indian tribe to exempt a crime that is exemptible
under Section 1522 of the Health and Safety Code, if needed, to allow
placement into an Indian home that the tribe has designated for
placement under the federal Indian Child Welfare Act (25 U.S.C. Sec.
1901 et seq.). However, if the county with jurisdiction over the
child that is the subject of the tribe's request has established an
approved procedure pursuant to paragraph (3) of subdivision (d), the
tribe may request that the county evaluate the exemption request.
Once a tribe has elected to have the exemption request reviewed by
either the State Department of Social Services or the county, the
exemption decision may only be made by that entity. Nothing in this
subdivision limits the duty of a county social worker to evaluate the
home for placement or to gather information needed to evaluate an
exemption request.
SEC. 11. Section 362.04 of the Welfare and Institutions Code is
amended to read:
362.04. (a) For purposes of this section:
(1) "Caregiver" means any licensed certified foster parent,
approved relative caregiver, or approved nonrelative extended family
member, or approved resource family.
(2) "Reasonable and prudent parent" or "reasonable and prudent
parent standard" means the standard characterized by careful and
sensible parental decisions that maintain the child's health, safety,
and best interest.
(3) "Short term" means no more than 24 consecutive hours.
(b) Every caregiver may arrange for occasional short-term
babysitting of their foster child and allow individuals to supervise
the foster child for the purposes set forth in Section 362.05, or on
occasions, including, but not limited to, when the foster parent has
a medical or other health care appointment, grocery or other
shopping, personal grooming appointments, special occasions for the
foster parents, foster parent training classes, school-related
meetings (such as parent-teacher conferences), business meetings,
adult social gatherings, or an occasional evening out by the foster
parent.
(c) Caregivers shall use a reasonable and prudent parent standard
in determining and selecting appropriate babysitters for occasional
short-term use.
(d) The caregiver shall endeavor to provide the babysitter with
the following information before leaving the child for purposes of
short-term care:
(1) Information about the child's emotional, behavioral, medical
or physical conditions, if any, necessary to provide care for the
child during the time the foster child is being supervised by the
babysitter.
(2) Any medication that should be administered to the foster child
during the time the foster child is being supervised by the
babysitter.
(3) Emergency contact information that is valid during the time
the foster child is being supervised by the babysitter.
(e) Babysitters selected by the caregiver to provide occasional
short-term care to a foster child under the provisions of this
section shall be exempt from any department regulation requiring
health screening or cardiopulmonary resuscitation certification or
training.
(f) Each state and local entity shall ensure that private agencies
that provide foster care services to dependent children have
policies consistent with this section. Policies that are not
consistent with this section include those that are incompatible
with, contradictory to, or more restrictive than this section.
SEC. 12. Section 381 is added to the Welfare and Institutions
Code, to read:
381. (a) If a transfer is made from a juvenile court of a county
to a tribe pursuant to Section 305.5, the case shall be transferred
to the tribe after the court has made a determination that the
transfer is required pursuant to subdivision (a), (b), or (f) of
Section 305.5. The Juvenile court and the tribe shall each document
the finding of the facts supporting jurisdiction over the minor.
(b) The juvenile court shall issue an order of transfer of the
case that states all of the findings, orders, or modification of
orders that have been made in the case, and the name and address of
the tribe having jurisdiction. All papers contained in the file shall
be transferred to the tribe having jurisdiction. The transferring
county shall maintain a copy of the order of transfer and the
findings of fact.
(c) If an order of transfer from a county to a tribe is filed with
the clerk of a juvenile court, the clerk shall place the transfer
order on the calendar of the court, and, notwithstanding Section 378,
that matter shall have precedence over all actions and civil
proceedings not specifically given precedence by any other law and
shall be heard by the court at the earliest possible moment after the
order is filed.
SEC. 13. Section 727 of the Welfare and Institutions Code is
amended to read:
727. (a) (1) If a minor or nonminor is adjudged a ward of the
court on the ground that he or she is a person described by Section
601 or 602, the court may make any reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the minor
or nonminor, including medical treatment, subject to further order of
the court.
(2) In the discretion of the court, a ward may be ordered to be on
probation without supervision of the probation officer. The court,
in so ordering, may impose on the ward any and all reasonable
conditions of behavior as may be appropriate under this disposition.
A minor or nonminor who has been adjudged a ward of the court on the
basis of the commission of any of the offenses described in
subdivision (b) or paragraph (2) of subdivision (d) of Section 707,
Section 459 of the Penal Code, or subdivision (a) of Section 11350 of
the Health and Safety Code, shall not be eligible for probation
without supervision of the probation officer. A minor or nonminor who
has been adjudged a ward of the court on the basis of the commission
of any offense involving the sale or possession for sale of a
controlled substance, except misdemeanor offenses involving
marijuana, as specified in Chapter 2 (commencing with Section 11053)
of Division 10 of the Health and Safety Code, or of an offense in
violation of Section 32625 of the Penal Code, shall be eligible for
probation without supervision of the probation officer only when the
court determines that the interests of justice would best be served
and states reasons on the record for that determination.
(3) In all other cases, the court shall order the care, custody,
and control of the minor or nonminor to be under the supervision of
the probation officer who may place the minor or nonminor in any of
the following:
(A) The approved home of a relative or the approved home of a
nonrelative, extended family member, as defined in Section 362.7. If
a decision has been made to place the minor in the home of a
relative, the court may authorize the relative to give legal consent
for the minor's medical, surgical, and dental care and education as
if the relative caretaker were the custodial parent of the minor.
(B) The approved home of a resource family as defined in Section
16519.5.
(C) 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.
(D) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home that has been
certified by the agency as meeting licensing standards.
(E) (i) Every minor adjudged a ward of the juvenile court who is
residing in a placement as defined in subparagraphs (A) to (D),
inclusive, shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. A state or local
regulation or policy shall not prevent, or create barriers to,
participation in those activities. Each state and local entity shall
ensure that private agencies that provide foster care services to
wards have policies consistent with this section and that those
agencies promote and protect the ability of wards to participate in
age-appropriate extracurricular, enrichment, and social activities. A
group home administrator, a facility manager, or his or her
responsible designee, and a caregiver, as defined in paragraph (1) of
subdivision (a) of Section 362.04, shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, in determining whether to give permission for
a minor residing in foster care to participate in extracurricular,
enrichment, and social activities. A group home administrator, a
facility manager, or his or her responsible designee, and a caregiver
shall take reasonable steps to determine the appropriateness of the
activity taking into consideration the minor's age, maturity, and
developmental level.
(ii) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the minor at
the group home in applying and using the reasonable and prudent
parent standard.
(F) For nonminors, an approved supervised independent living
setting as defined in Section 11400, including a residential housing
unit certified by a licensed transitional housing placement provider.
(b) (1) To facilitate coordination and cooperation among agencies,
the court may, at any time after a petition has been filed, after
giving notice and an opportunity to be heard, join in the juvenile
court proceedings any agency that the court determines has failed to
meet a legal obligation to provide services to a minor, for whom a
petition has been filed under Section 601 or 602, to a nonminor, as
described in Section 303, or to a nonminor dependent, as defined in
subdivision (v) of Section 11400. In any proceeding in which an
agency is joined, the court shall not impose duties upon the agency
beyond those mandated by law. The purpose of joinder under this
section is to ensure the delivery and coordination of legally
mandated services to the minor. The joinder shall not be maintained
for any other purpose. Nothing in this section shall prohibit
agencies that have received notice of the hearing on joinder from
meeting prior to the hearing to coordinate services.
(2) The court has no authority to order services unless it has
been determined through the administrative process of an agency that
has been joined as a party, that
the minor, nonminor, or nonminor dependent is eligible for
those services. With respect to mental health assessment, treatment,
and case management services pursuant to Chapter 26.5 (commencing
with Section 7570) of Division 7 of Title 1 of the Government Code,
the court's determination shall be limited to whether the agency has
complied with that chapter.
(3) For the purposes of this subdivision, "agency" means any
governmental agency or any private service provider or individual
that receives federal, state, or local governmental funding or
reimbursement for providing services directly to a child, nonminor,
or nonminor dependent.
(c) If a minor has been adjudged a ward of the court on the ground
that he or she is a person described in Section 601 or 602, and the
court finds that notice has been given in accordance with Section
661, and if the court orders that a parent or guardian shall retain
custody of that minor either subject to or without the supervision of
the probation officer, the parent or guardian may be required to
participate with that minor in a counseling or education program,
including, but not limited to, parent education and parenting
programs operated by community colleges, school districts, or other
appropriate agencies designated by the court.
(d) The juvenile court may direct any reasonable orders to the
parents and guardians of the minor who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out subdivisions (a), (b), and (c) including orders
to appear before a county financial evaluation officer, to ensure the
minor's regular school attendance, and to make reasonable efforts to
obtain appropriate educational services necessary to meet the needs
of the minor.
If counseling or other treatment services are ordered for the
minor, the parent, guardian, or foster parent shall be ordered to
participate in those services, unless participation by the parent,
guardian, or foster parent is deemed by the court to be inappropriate
or potentially detrimental to the minor.
SEC. 13.5. Section 727 of the Welfare and Institutions Code is
amended to read:
727. (a) (1) If a minor or nonminor is adjudged a ward of the
court on the ground that he or she is a person described by Section
601 or 602, the court may make any reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the minor
or nonminor, including medical treatment, subject to further order of
the court.
(2) In the discretion of the court, a ward may be ordered to be on
probation without supervision of the probation officer. The court,
in so ordering, may impose on the ward any and all reasonable
conditions of behavior as may be appropriate under this disposition.
A minor or nonminor who has been adjudged a ward of the court on the
basis of the commission of any of the offenses described in
subdivision (b) or paragraph (2) of subdivision (d) of Section 707,
Section 459 of the Penal Code, or subdivision (a) of Section 11350 of
the Health and Safety Code, shall not be eligible for probation
without supervision of the probation officer. A minor or nonminor who
has been adjudged a ward of the court on the basis of the commission
of any offense involving the sale or possession for sale of a
controlled substance, except misdemeanor offenses involving
marijuana, as specified in Chapter 2 (commencing with Section 11053)
of Division 10 of the Health and Safety Code, or of an offense in
violation of Section 32625 of the Penal Code, shall be eligible for
probation without supervision of the probation officer only when the
court determines that the interests of justice would best be served
and states reasons on the record for that determination.
(3) In all other cases, the court shall order the care, custody,
and control of the minor or nonminor to be under the supervision of
the probation officer who may place the minor or nonminor in any of
the following:
(A) The approved home of a relative or the approved home of a
nonrelative, extended family member, as defined in Section 362.7. If
a decision has been made to place the minor in the home of a
relative, the court may authorize the relative to give legal consent
for the minor's medical, surgical, and dental care and education as
if the relative caretaker were the custodial parent of the minor.
(B) The approved home of a resource family as defined in Section
16519.5.
(C) 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.
(D) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home that has been
certified by the agency as meeting licensing standards.
(E) (i) Every minor adjudged a ward of the juvenile court who is
residing in a placement as defined in subparagraphs (A) to (D),
inclusive, shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. A state or local
regulation or policy shall not prevent, or create barriers to,
participation in those activities. Each state and local entity shall
ensure that private agencies that provide foster care services to
wards have policies consistent with this section and that those
agencies promote and protect the ability of wards to participate in
age-appropriate extracurricular, enrichment, and social activities. A
group home administrator, a facility manager, or his or her
responsible designee, and a caregiver, as defined in paragraph (1) of
subdivision (a) of Section 362.04, shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, in determining whether to give permission for
a minor residing in foster care to participate in extracurricular,
enrichment, and social activities. A group home administrator, a
facility manager, or his or her responsible designee, and a caregiver
shall take reasonable steps to determine the appropriateness of the
activity taking into consideration the minor's age, maturity, and
developmental level.
(ii) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the minor at
the group home in applying and using the reasonable and prudent
parent standard.
(F) For nonminors, an approved supervised independent living
setting as defined in Section 11400, including a residential housing
unit certified by a licensed transitional housing placement provider.
(4) The minor or nonminor shall be released from juvenile
detention upon an order being entered under paragraph (3), unless the
court determines that a delay in the release from detention is
reasonable pursuant to Section 737.
(b) (1) To facilitate coordination and cooperation among agencies,
the court may, at any time after a petition has been filed, after
giving notice and an opportunity to be heard, join in the juvenile
court proceedings any agency that the court determines has failed to
meet a legal obligation to provide services to a minor, for whom a
petition has been filed under Section 601 or 602, to a nonminor, as
described in Section 303, or to a nonminor dependent, as defined in
subdivision (v) of Section 11400. In any proceeding in which an
agency is joined, the court shall not impose duties upon the agency
beyond those mandated by law. The purpose of joinder under this
section is to ensure the delivery and coordination of legally
mandated services to the minor. The joinder shall not be maintained
for any other purpose. Nothing in this section shall prohibit
agencies that have received notice of the hearing on joinder from
meeting prior to the hearing to coordinate services.
(2) The court has no authority to order services unless it has
been determined through the administrative process of an agency that
has been joined as a party, that the minor, nonminor, or nonminor
dependent is eligible for those services. With respect to mental
health assessment, treatment, and case management services pursuant
to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title
1 of the Government Code, the court's determination shall be limited
to whether the agency has complied with that chapter.
(3) For the purposes of this subdivision, "agency" means any
governmental agency or any private service provider or individual
that receives federal, state, or local governmental funding or
reimbursement for providing services directly to a child, nonminor,
or nonminor dependent.
(c) If a minor has been adjudged a ward of the court on the ground
that he or she is a person described in Section 601 or 602, and the
court finds that notice has been given in accordance with Section
661, and if the court orders that a parent or guardian shall retain
custody of that minor either subject to or without the supervision of
the probation officer, the parent or guardian may be required to
participate with that minor in a counseling or education program,
including, but not limited to, parent education and parenting
programs operated by community colleges, school districts, or other
appropriate agencies designated by the court.
(d) The juvenile court may direct any reasonable orders to the
parents and guardians of the minor who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out subdivisions (a), (b), and (c) including orders
to appear before a county financial evaluation officer, to ensure the
minor's regular school attendance, and to make reasonable efforts to
obtain appropriate educational services necessary to meet the needs
of the minor.
If counseling or other treatment services are ordered for the
minor, the parent, guardian, or foster parent shall be ordered to
participate in those services, unless participation by the parent,
guardian, or foster parent is deemed by the court to be inappropriate
or potentially detrimental to the minor.
SEC. 14. Section 827.15 is added to the Welfare and Institutions
Code, to read:
827.15. (a) Notwithstanding Section 827, whenever the juvenile
court of a county has made a determination pursuant to subdivision
(a), (b), or (f) of Section 305.5 that a child custody proceeding of
an Indian child is to be transferred to the jurisdiction of a tribal
court the child case file shall be transferred to the tribe.
(b) If an Indian child is under the jurisdiction of a Title IV-E
tribe or a Tribal Title IV-E agency, federal law requires the
safeguarding of information as set forth in 45 C.F.R 205.50.
(c) In all other transfers, the juvenile court shall order the
release of the child's case file provided that the tribe agrees to
maintain the documentation confidential consistent with state and
federal law.
(d) As used in this section, a "child case file" means information
including the juvenile case file retained by the juvenile court and
the child welfare agency files or records retained by the county. For
Title IV-E tribes or a Tribal Tile IV-E agency that information
includes, but need not be limited to, the documentation set forth in
45 C.F.R. 1356.67.
SEC. 15. Section 10553.12 is added to the Welfare and Institutions
Code, to read:
10553.12. (a) Notwithstanding any other law, a federally
recognized tribe is authorized to approve a home for the purpose of
foster or adoptive placement of an Indian child pursuant to the
Federal Indian Child Welfare Act (25 U.S.C. Sec. 1915).
(b) An Indian child, as defined by Section 224(a) and (b) of that
act, that has been removed pursuant to Section 361, from the custody
or his or her parents or Indian custodian may be placed in a tribally
approved home pursuant to Section 361.31 (b)(2) of that act.
(c) To facilitate the availability of tribally approved homes that
have been fully approved in accord with federal law, including
completion of required background checks, a tribal child welfare
agency may request from the Department of Justice federal and state
summary criminal history information regarding a prospective foster
parent, adoptive parent, an adult who resides or is employed in the
home of an applicant, or an employee of the child welfare agency who
may have contact with children, in accord with subdivision (m) of
Section 11105 of the Penal Code and Child Abuse Central Index
Information pursuant to paragraph (8) of subdivision (b) of Section
11170 of the Penal Code.
(d) As used in this section, a "tribal child welfare agency" means
an entity designated by a federally recognized tribe as authorized
to approve homes consistent with the Indian Child Welfare Act for the
purpose of placement of Indian children, into foster or adoptive
care, including the authority to conduct criminal record and child
abuse background checks of individuals who are prospective foster
parents, adoptive parents, an adult who resides or is employed in the
home of an applicant for approval, or an employee of the tribal
child welfare agency who may have contact with children.
(e) A county social worker may place an Indian child in a tribally
approved home without having to conduct a separate background check,
upon certification of both of the following:
(1) The tribal child welfare agency has completed a criminal
record background check pursuant to Section 1522 of the Health and
Safety Code, and a Child Abuse Central Index Check pursuant to
Section 1522.1 of the Health and Safety Code, with respect to each of
the individuals described in subdivision (c).
(2) The tribal child welfare agency has agreed to report to a
county child welfare agency responsible for a child placed in the
tribally approved home, within 24 hours of notification to the tribal
agency by the Department of Justice, of a subsequent state or
federal arrest or disposition notification provided pursuant to
Section 11105.2 of the Penal Code involving an individual associated
with the tribally approved home where an Indian child is placed.
SEC. 16. Section 11402 of the Welfare and Institutions Code is
amended to read:
11402. In order to be eligible for AFDC-FC, a child or nonminor
dependent shall be placed in one of the following:
(a) The approved home of a relative, provided the child is
otherwise eligible for federal financial participation in the AFDC-FC
payment.
(b) (1) The licensed family home of a nonrelative.
(2) The approved home of a nonrelative extended family member as
described in Section 362.7.
(c) The approved home of a resource family as defined in Section
16519.5.
(d) A licensed group home, as defined in subdivision (h) of
Section 11400, excluding a runaway and homeless youth shelter as
defined in subdivision (ab) of Section 11400, provided that the
placement worker has documented that the placement is necessary to
meet the treatment needs of the child and that the facility offers
those treatment services.
(e) The home of a nonrelated legal guardian or the home of a
former nonrelated legal guardian when the guardianship of a child who
is otherwise eligible for AFDC-FC has been dismissed due to the
child's attaining 18 years of age.
(f) An exclusive-use home.
(g) A housing model certified by a licensed transitional housing
placement provider as described in Section 1559.110 of the Health and
Safety Code and as defined in subdivision (r) of Section 11400.
(h) An out-of-state group home, provided that the placement
worker, in addition to complying with all other statutory
requirements for placing a minor in an out-of-state group home,
documents that the requirements of Section 7911.1 of the Family Code
have been met.
(i) An approved supervised independent living setting for nonminor
dependents, as defined in subdivision (w) of Section 11400.
(j) This section shall become operative on July 1, 2012.
SEC. 17. Section 16002 of the Welfare and Institutions Code is
amended to read:
16002. (a) 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.
(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 or probation
officer 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. 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. 17.5. 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 and wards in foster
care, 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 or probation officer 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 or 727.3. 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 or ward, he or
she may file a petition in the juvenile court having jurisdiction
over the dependent child pursuant to subdivision (b) of Section 388
or the ward in foster care pursuant to Section 778.
(e) If parental rights are terminated and the court orders a
dependent child or ward 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. 18. Section 16010.6 of the Welfare and Institutions Code is
amended to read:
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 information regarding the child's address, telephone
number, and caregiver.
(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 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 or ward 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 or ward 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, and caregiver 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, and caregiver.
(e) 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.
SEC. 19. Section 16501.3 of the Welfare and Institutions Code is
amended to read:
16501.3. (a) The State Department of Social Services shall
establish and maintain a program of public health nursing in the
child welfare services program that meets the federal requirements
for the provision of healthcare to minor and nonminor dependents in
foster care consistent with Section 30026.5 of the Government Code.
The purpose of the public health nursing program shall be to
identify, respond to, and enhance the physical, mental, dental, and
developmental well-being of children in the child welfare system.
(b) Under this program, counties shall use the services of a
foster care public health nurse. The foster care public health nurse
shall work with the appropriate child welfare services workers to
coordinate health care services and serve as a liaison with health
care professionals and other providers of health-related services.
This shall include coordination with county mental health plans and
local health jurisdictions, as appropriate.
(c) The duties of a foster care public health nurse shall include,
but need not be limited to, the following:
(1) Documenting that each child in foster care receives initial
and followup health screenings that meet reasonable standards of
medical practice.
(2) Collecting health information and other relevant data on each
foster child as available, receiving all collected information to
determine appropriate referral and services, and expediting referrals
to providers in the community for early intervention services,
specialty services, dental care, mental health services, and other
health-related services necessary for the child.
(3) Participating in medical care planning and coordinating for
the child. This may include, but is not limited to, assisting case
workers in arranging for comprehensive health and mental health
assessments, interpreting the results of health assessments or
evaluations for the purpose of case planning and coordination,
facilitating the acquisition of any necessary court authorizations
for procedures or medications, advocating for the health care needs
of the child and ensuring the creation of linkage among various
providers of care.
(4) Providing followup contact to assess the child's progress in
meeting treatment goals.
(5) At the request of and under the direction of a nonminor
dependent, as described in subdivision (v) of Section 11400, assist
the nonminor dependent in accessing physical health and mental health
care, coordinating the delivery of health and mental health care
services, advocating for the health and mental health care that meets
the needs of the nonminor dependent, and to assist the nonminor
dependent to assume responsibility for his or her ongoing physical
and mental health care management.
(d) The services provided by foster care public health nurses
under this section shall be limited to those for which reimbursement
may be claimed under Title XIX at an enhanced rate for services
delivered by skilled professional medical personnel. Notwithstanding
any other provision of law, this section shall be implemented only
if, and to the extent that, the department determines that federal
financial participation, as provided under Title XIX of the federal
Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available.
(e) (1) The State Department of Health Care Services shall seek
any necessary federal approvals for child welfare agencies to
appropriately claim enhanced federal Title XIX funds for services
provided pursuant to this section.
(2) Commencing in the fiscal year immediately following the fiscal
year in which the necessary federal approval pursuant to paragraph
(1) is secured, county child welfare agencies shall provide health
care oversight and coordination services pursuant to this section,
and may accomplish this through agreements with local public health
agencies.
(f) (1) Notwithstanding Section 10101, prior to the 2011-12 fiscal
year, there shall be no required county match of the nonfederal cost
of this program.
(2) Commencing in the 2011-12 fiscal year, and each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
SEC. 20. Section 16507.5 of the Welfare and Institutions Code is
amended to read:
16507.5. (a) When a minor is separated or is in the process of
being separated from the minor's family under the provisions of a
voluntary placement agreement, the county welfare department or a
licensed private or public adoption agency social worker shall make
any and all reasonable and necessary provisions for the care,
supervision, custody, conduct, maintenance, and support of the minor,
including medical treatment.
Responsibility for placement and care of the minor shall be with
the social worker who may place the minor in any of the following:
(1) The approved home of a relative or the approved home of a
nonrelative extended family member as described in Section 362.7.
(2) The approved home of a resource family as defined in Section
16519.5.
(3) A suitable licensed community care facility.
(4) With a foster family agency to be placed in a suitable
licensed home or other family home which has been certified by the
agency as meeting licensing standards.
(5) A home or facility in accordance with the federal Indian Child
Welfare Act.
(b) The granting of a community care license or approval status
does not entitle the caregiver to the placement of a specific child
or children. Placement is based on the child's needs and best
interests.
SEC. 21. Section 16519.5 of the Welfare and Institutions Code is
amended to read:
16519.5. (a) The State Department of Social Services, in
consultation with county child welfare agencies, foster parent
associations, and other interested community parties, shall implement
a unified, family friendly, and child-centered resource family
approval process to replace the existing multiple processes for
licensing foster family homes, approving relatives and nonrelative
extended family members as foster care providers, and approving
adoptive families.
(b) (1) Counties shall be selected to participate on a voluntary
basis as early implementation counties for the purpose of
participating in the initial development of the approval process.
Early implementation counties shall be selected according to criteria
developed by the department in consultation with the County Welfare
Directors Association. In selecting the five early implementation
counties, the department shall promote diversity among the
participating counties in terms of size and geographic location.
(2) Additional counties may participate in the early
implementation of the program upon authorization by the department.
(c) (1) For the purposes of this section, "resource family" means
an individual or couple that a participating county determines to
have successfully met both the home approval standards and the
permanency assessment criteria adopted pursuant to subdivision (d)
necessary for providing care for a related or unrelated child who is
under the jurisdiction of the juvenile court, or otherwise in the
care of a county child welfare agency or probation department. A
resource family shall demonstrate all of the following:
(A) An understanding of the safety, permanence, and well-being
needs of children who have been victims of child abuse and neglect,
and the capacity and willingness to meet those needs, including the
need for protection, and the willingness to make use of support
resources offered by the agency, or a support structure in place, or
both.
(B) An understanding of children's needs and development,
effective parenting skills or knowledge about parenting, and the
capacity to act as a reasonable, prudent parent in day-to-day
decisionmaking.
(C) An understanding of his or her role as a resource family and
the capacity to work cooperatively with the agency and other service
providers in implementing the child's case plan.
(D) The financial ability within the household to ensure the
stability and financial security of the family.
(E) An ability and willingness to maintain the least restrictive
and most familylike environment that serves the needs of the child.
(2) Subsequent to meeting the criteria set forth in this
subdivision and designation as a resource family, a resource family
shall be considered eligible to provide foster care for related and
unrelated children in out-of-home placement, shall be considered
approved for adoption or guardianship, and shall not have to undergo
any additional approval or licensure as long as the family lives in a
county participating in the program.
(3) Resource family assessment and approval means that the
applicant meets the standard for home approval, and has successfully
completed a permanency assessment. This approval is in lieu of the
existing foster care license, relative or nonrelative extended family
member approval, and the adoption home study approval.
(4) Approval of a resource family does not guarantee an initial or
continued placement of a child with a resource family.
(d) Prior to implementation of this program, the department shall
adopt standards pertaining to home approval and permanency assessment
of a resource family.
(1) Resource family home approval standards shall include, but not
be limited to, all of the following:
(A) (i) Criminal records clearance of all adults residing in the
home, pursuant to Section 8712 of the Family Code, utilizing a check
of the Child Abuse Central Index (CACI), a check of the Child Welfare
Services/Case Management System (CWS/CMS), and receipt of a
fingerprint-based state and federal criminal offender record
information search response . The criminal history information shall
include subsequent state and federal arrest and disposition
notifications pursuant to Section 11105.2 of the Penal Code.
(ii) Consideration of any substantiated allegations of child abuse
or neglect against either the applicant or any other adult residing
in the home. An approval may not be granted to applicants whose
criminal record indicates a conviction for any of the offenses
specified in subdivision (g) of Section 1522 of the Health and Safety
Code.
(iii) Exemptions from the criminal records clearance requirements
set forth in this section may be granted by the director or the early
implementation county, if that county has been granted permission by
the director to issue criminal records exemptions pursuant to
Section 361.4, using the exemption criteria currently used for foster
care licensing as specified in subdivision (g) of Section 1522 of
the Health and Safety Code.
(B) Buildings and grounds and storage requirements set forth in
Sections 89387 and 89387.2 of Title 22 of the California Code of
Regulations.
(C) In addition to the foregoing requirements, the resource family
home approval standards shall also require the following:
(i) That the applicant demonstrate an understanding about the
rights of children in care and his or her responsibility to safeguard
those rights.
(ii) That the total number of children residing in the home of a
resource family shall be no more than the total number of children
the resource family can properly care for, regardless of status, and
shall not exceed six children, unless exceptional circumstances that
are documented in the foster child's case file exist to permit a
resource family to care for more children, including, but not limited
to, the need to place siblings together.
(iii) That the applicant understands his or her responsibilities
with respect to acting as a reasonable and prudent parent, and
maintaining the least restrictive and most familylike environment
that serves the needs of the child.
(D) The results of a caregiver risk assessment are consistent with
the factors listed in subparagraphs (A) to (D), inclusive, of
paragraph (1) of subdivision (c). A caregiver risk assessment shall
include, but not be limited to, physical and mental health, alcohol
and other substance use and abuse, and family and domestic violence.
(2) The resource family permanency assessment standards shall
include, but not be limited to, all of the following:
(A) The applicant shall complete caregiver training.
(B) The applicant shall complete a psychosocial evaluation.
(C) The applicant shall complete any other activities that relate
to a resource family's ability to achieve permanency with the child.
(e) (1) A child may be placed with a resource family that has
received home approval prior to completion of a permanency assessment
only if a compelling reason for the placement exists based on the
needs of the child.
(2) The permanency assessment shall be completed within 90 days of
the child's placement in the approved home, unless good cause exists
based upon the needs of the child.
(3) If additional time is needed to complete the permanency
assessment, the county shall document the extenuating circumstances
for the delay and generate a timeframe for the completion of the
permanency assessment.
(4) The county shall report to the department on a quarterly basis
the number of families with a child in an approved home whose
permanency assessment goes beyond 90 days and summarize the reasons
for these delays.
(5) A child may be placed with a relative, as defined in Section
319, or nonrelative extended family member, as defined in Section
362.7, prior to home approval and completion of the permanency
assessment only on an emergency basis if all of the following
requirements are met:
(A) Consideration of the results of a criminal records check
conducted pursuant to Section 16504.5 of the relative or nonrelative
extended family member and of every other adult in the home.
(B) Consideration of the results of the Child Abuse Central Index
(CACI) consistent with Section 1522.1 of the Health and Safety Code
of the relative or nonrelative extended family member, and of every
other adult in the home.
(C) The home and grounds are free of conditions that pose undue
risk to the health and safety of the child.
(D) For any placement made pursuant to this paragraph, the county
shall initiate the home approval process no later than five business
days after the placement, which shall include a face-to-face
interview with the resource family applicant and child.
(E) For any placement made pursuant to this paragraph, AFDC-FC
funding shall not be available until the home has been approved.
(F) Any child placed under this section shall be afforded all the
rights set forth in Section 16001.9.
(f) The State Department of Social Services shall be responsible
for all of the following:
(1) Selecting early implementation counties, based on criteria
established by the department in consultation with the County Welfare
Directors Association.
(2) Establishing timeframes for participating counties to submit
an implementation plan, enter into terms and conditions for
participation in the program, train appropriate staff, and accept
applications from resource families.
(3) Entering into terms and conditions for participation in the
program by counties.
(4) Administering the program through the issuance of written
directives that shall have the same force and effect as regulations.
Any directive affecting Article 1 (commencing with Section 700) of
Chapter 7 of Title 11 of the California Code of Regulations shall be
approved by the Department of Justice. The directives shall be exempt
from 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.
(5) Approving and requiring the use of a single standard for
resource family home approval and permanency assessment.
(6) Adopting and requiring the use of standardized documentation
for the home approval and permanency assessment of resource families.
(7) Requiring counties to monitor resource families including, but
not limited to, all of the following:
(A) Investigating complaints of resource families.
(B) Developing and monitoring resource family corrective action
plans to correct identified deficiencies and to rescind resource
family approval if compliance with corrective action plans is not
achieved.
(8) Ongoing oversight and monitoring of county systems and
operations including all of the following:
(A) Reviewing the county's implementation of the program.
(B) Reviewing an adequate number of approved resource families in
each participating county to ensure that approval standards are being
properly applied. The review shall include case file documentation,
and may include onsite inspection of individual resource families.
The review shall occur on an annual basis, and more frequently if the
department becomes aware that a participating county is experiencing
a disproportionate number of complaints against individual resource
family homes.
(C) Reviewing county reports of serious complaints and incidents
involving approved resource families, as determined necessary by the
department. The department may conduct an independent review of the
complaint or incident and change the findings depending on the
results of its investigation.
(D) Investigating unresolved complaints against participating
counties.
(E) Requiring corrective action of counties that are not in full
compliance with the terms and conditions of the program.
(9) Preparing or having prepared, and submitting to the
Legislature, a report on the results of the initial phase of
implementation of the program. The report shall include all of the
following:
(A) An analysis, utilizing available data, of state and federal
data indicators related to the length of time to permanency including
reunification, guardianship and adoption, child safety factors, and
placement stability.
(B) An analysis of resource family recruitment and retention
elements, including resource family satisfaction with approval
processes and changes regarding the population of available resource
families.
(C) An analysis of cost, utilizing available data, including
funding sources.
(D) An analysis of regulatory or statutory barriers to
implementing the program on a statewide basis.
(g) Counties participating in the program shall be responsible for
all of the following:
(1) Submitting an implementation plan, entering into terms and
conditions for participation in the program, consulting with the
county probation department in the development of the implementation
plan, training appropriate staff, and accepting applications from
resource families within the timeframes established by the
department.
(2) Complying with the written directives pursuant to paragraph
(4) of subdivision (f).
(3) Implementing the requirements for resource family home
approval and permanency assessment and utilizing standardized
documentation established by the department.
(4) (A) Ensuring staff have the education and experience necessary
to complete the home approval and permanency assessment competently.
(B) A county may contract with a licensed adoption agency to
complete the permanency assessment. A permanency assessment completed
by a licensed adoption agency shall be reviewed and approved by the
county.
(5) Approving and denying resource family applications, including
all of the following:
(A) Rescinding home approvals and resource family approvals where
appropriate, consistent with the established standard.
(B) Providing an applicant and disapproved resource family
requesting review of that decision with due process pursuant to the
department's regulations.
(C) Notifying the department of any decisions denying a resource
family's application or rescinding the approval of a resource family.
(6) Updating resource family approval annually.
(7) Monitoring resource families through all of the following:
(A) Ensuring that social workers who identify a condition in the
home that may not meet the approval standards set forth in
subdivision (d) while in the course of a routine visit to children
placed with a resource family take appropriate action as needed.
(B) Requiring resource families to comply with corrective action
plans as necessary to correct identified deficiencies. If corrective
action is not completed as specified in the plan, the county may
rescind the resource family approval.
(C) Requiring resource families to report to the county child
welfare agency any incidents consistent with the reporting
requirements for licensed foster family homes.
(8) Investigating all complaints against a resource family and
taking action as necessary. This shall include investigating any
incidents reported about a resource family indicating that the
approval standard is not being maintained.
(A) The child's social worker shall not conduct the formal
investigation into the complaint received concerning a family
providing services under the standards required by subdivision (d).
To the extent that adequate resources are available, complaints shall
be investigated by a worker who did not initially perform the home
approval or permanency assessment.
(B) Upon conclusion of the complaint investigation, the final
disposition shall be reviewed and approved by a supervising staff
member.
(C) The department shall be notified of any serious incidents or
serious complaints or any incident that falls within the definition
of Section 11165.5 of the Penal Code. If those incidents or
complaints result in an investigation, the department shall also be
notified as to the status and disposition of that investigation.
(9) Performing corrective action as required by the department.
(10) Assessing county performance in related areas of the
California Child and Family Services Review System, and remedying
problems identified.
(11) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph (9) of subdivision (f).
(h) (1) Approved relatives and nonrelative extended family
members, licensed foster family homes, or approved adoptive homes
that have completed the license or approval process prior to full
implementation of the program shall not be considered part of the
program. The otherwise applicable assessment and oversight processes
shall continue to be administered for families and facilities not
included in the program.
(2) Upon implementation of the program in a county, that county
may not accept new applications for the licensure of foster family
homes, the approval of relative and nonrelative extended family
members, or the approval of prospective adoptive homes.
(i) The department may waive regulations that pose a barrier to
implementation and operation of this program. The waiver of any
regulations by the department pursuant to this section shall apply to
only those counties participating in the program and only for the
duration of the program.
(j) Resource families approved under initial implementation of the
program, who move within an early implementation county or who move
to another early implementation county, shall retain their resource
family status if the new building and grounds, outdoor activity
areas, and storage areas meet home approval standards. The State
Department of Social Services or early implementation county may
allow a program-affiliated
individual to transfer his or her subsequent arrest notification
if the individual moves from one early implementation county to
another early implementation county, as specified in subdivision (h)
of Section 1522 of the Health and Safety Code.
(k) (1) The approval of a resource family who moves to a
nonparticipating county remains in full force and effect pending a
determination by the county approval agency or the department, as
appropriate, whether the new building and grounds and storage areas
meet applicable standards, and whether all adults residing in the
home have a criminal records clearance or exemptions granted, using
the exemption criteria used for foster care licensing, as specified
in subdivision (g) of Section 1522 of the Health and Safety Code.
Upon this determination, the nonparticipating county shall either
approve the family as a relative or nonrelative extended family
member, as applicable, or the department shall license the family as
a foster family home.
(2) Subject to the requirements in paragraph (1), the family shall
continue to be approved for guardianship and adoption. Nothing in
this subdivision shall limit a county or adoption agency from
determining that the family is not approved for guardianship or
adoption based on changes in the family's circumstances or permanency
assessment.
(3) A program-affiliated individual who moves to a
nonparticipating county may not transfer his or her subsequent arrest
notification from a participating county to the nonparticipating
county.
( l ) Implementation of the program shall be contingent
upon the continued availability of federal Social Security Act Title
IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement
of children with resource families assessed and approved under the
program.
(m) A child placed with a resource family shall be eligible for
AFDC-FC payments. A resource family shall be paid an AFDC-FC rate
pursuant to Sections 11460 and 11461. Sharing ratios for nonfederal
expenditures for all costs associated with activities related to the
approval of relatives and nonrelative extended family members shall
be in accordance with Section 10101.
(n) The Department of Justice shall charge fees sufficient to
cover the cost of initial or subsequent criminal offender record
information and Child Abuse Central Index searches, processing, or
responses, as specified in this section.
(o) Approved resource families under this program shall be exempt
from all of the following:
(1) Licensure requirements set forth under the Community Care
Facilities Act, commencing with Section 1500 of the Health and Safety
Code, and all regulations promulgated thereto.
(2) Relative and nonrelative extended family member approval
requirements set forth under Sections 309, 361.4, and 362.7, and all
regulations promulgated thereto.
(3) Adoptions approval and reporting requirements set forth under
Section 8712 of the Family Code, and all regulations promulgated
thereto.
(p) Early implementation counties shall be authorized to continue
through the end of the 2016-17 fiscal year, or through the end of the
third full fiscal year following the date that counties commence
implementation, whichever of these dates is later. The program is
authorized in all counties effective July 1, 2017. The program shall
be implemented by each county on or before July 1, 2019.
(q) Notwithstanding any other law, on and after July 1, 2017, a
licensed foster family agency shall require a certified family home
applicant to meet the resource family approval standards and
requirements set forth in this article and in the written directives
adopted pursuant to paragraph (4) of subdivision (f), prior to
certification.
SEC. 22. Section 17710 of the Welfare and Institutions Code is
amended to read:
17710. Unless otherwise specified in this part:
(a) "Child with special health care needs" means a child, or a
person who is 22 years of age or younger who is completing a publicly
funded education program, who has a condition that can rapidly
deteriorate resulting in permanent injury or death or who has a
medical condition that requires specialized in-home health care, and
who either has been adjudged a dependent of the court pursuant to
Section 300, has not been adjudged a dependent of the court pursuant
to Section 300 but is in the custody of the county welfare
department, or has a developmental disability and is receiving
services and case management from a regional center.
(b) "County" means a county welfare department.
(c) "Department" means the State Department of Social Services.
(d) "Individualized health care plan team" means those individuals
who develop a health care plan for a child with special health care
needs in a specialized foster care home, as defined in subdivision
(i), or group home, which shall include the child's primary care
physician or other health care professional designated by the
physician, any involved medical team, and the county social worker or
regional center worker, and any health care professional designated
to monitor the child's individualized health care plan pursuant to
paragraph (8) of subdivision (c) of Section 17731, including, if the
child is in a certified home, the registered nurse employed by or
under contract with the certifying agency to supervise and monitor
the child. The child's individualized health care plan team may also
include, but shall not be limited to, a public health nurse,
representatives from the California Children's Services Program or
the Child Health and Disability Prevention Program, regional centers,
the county mental health department, and where reunification is the
goal, the parent or parents, if available. In addition, if the child
is in a specialized foster care home, the individualized health care
plan team may include the prospective specialized foster parents, who
shall not participate in any team decision pursuant to paragraph (6)
of subdivision (c) of Section 17731 or pursuant to subparagraph (C)
of paragraph (1) of subdivision (a), or clause (i) of subparagraph
(B) of paragraph (2) of subdivision (a), of Section 17732.
(e) "Director" means the Director of Social Services.
(f) "Level of care" means a description of the specialized in-home
health care to be provided to a child with special health care needs
by the foster family.
(g) Medical conditions requiring specialized in-home health care
require dependency upon one or more of the following: enteral feeding
tube, total parenteral feeding, a cardiorespiratory monitor,
intravenous therapy, a ventilator, oxygen support, urinary
catheterization, renal dialysis, ministrations imposed by
tracheostomy, colostomy, ileostomy, or other medical or surgical
procedures or special medication regimens, including injection, and
intravenous medication.
(h) "Specialized in-home health care" includes, but is not limited
to, those services identified by the child's primary physician as
appropriately administered in the home by any one of the following:
(1) A foster parent trained by health care professionals where the
child is being placed in, or is currently in, a specialized foster
care home.
(2) Group home staff trained by health care professionals pursuant
to the discharge plan of the facility releasing the child where the
child was placed in the home as of November 1, 1993, and who is
currently in the home.
(3) A health care professional, where the child is placed in a
group home after November 1, 1993. The health care services provided
pursuant to this paragraph shall not be reimbursable costs for the
purpose of determining the group home rate under Section 11462.
(i) "Specialized foster care home" means any of the following
foster homes where the foster parents reside in the home and have
been trained to provide specialized in-home health care to foster
children:
(1) Licensed foster family homes, as defined in paragraph (5) of
subdivision (a) of Section 1502 of the Health and Safety Code.
(2) Licensed small family homes, as defined in paragraph (6) of
subdivision (a) of Section 1502 of the Health and Safety Code.
(3) Certified family homes, as defined in subdivision (d) of
Section 1506 of the Health and Safety Code, that have accepted
placement of a child with special health care needs who is under the
supervision and monitoring of a registered nurse employed by, or on
contract with, the certifying agency, and who is either of the
following:
(A) A dependent of the court under Section 300.
(B) Developmentally disabled and receiving services and case
management from a regional center.
(4) Approved resource families, as defined in Section 16519.5.
SEC. 23. Section 17732.2 of the Welfare and Institutions Code is
amended to read:
17732.2. (a) In determining the licensed capacity of a
specialized foster family home, a specialized certified family home,
or specialized resource family, the department or county shall
consider all adoptive, biological, and foster children, and children
in guardianship living in the home, in order not to exceed a total of
six children living in the home.
(b) The Legislature finds and declares that this section is
declaratory of existing law.
SEC. 24. (a) 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,
until emergency regulations are filed with the Secretary of State,
the State Department of Social Services may implement the changes
made to Sections 8707.1 and 17212 of the Family Code, Section 1515 of
the Health and Safety Code, and Sections 16002, 16010.6, and 16519.5
of the Welfare and Institutions Code by this act through all-county
letters or similar instructions from the director. The department
shall adopt emergency regulations, as necessary to implement those
amendments no later than January 1, 2016.
(b) The adoption of regulations pursuant to subdivision (a) shall
be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
The emergency regulations authorized by this section shall be exempt
from review by the Office of Administrative Law. The emergency
regulations authorized by this section shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and shall remain in effect for no more than 180 days, by which time
the final regulations shall be adopted.
SEC. 25. Section 3.5 of this bill incorporates amendments to
Section 17506 of the Family Code proposed by both this bill and
Senate Bill 1066. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2015, (2)
each bill amends Section 17506 of the Family Code, and (3) this bill
is enacted after Senate Bill 1066, in which case Section 3 of this
bill shall not become operative.
SEC. 26. (a) Section 9.2 of this bill incorporates amendments to
Section 361.2 of the Welfare and Institutions Code proposed by both
this bill and Senate Bill 1099. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2015, (2) each bill amends Section 361.2 of the Health and Safety
Code, (3) Senate Bill 977 is not enacted or as enacted does not amend
that section, and (4) this bill is enacted after Senate Bill 1099 in
which case Sections 9, 9.3, and 9.5 of this bill shall not become
operative.
(b) Section 9.3 of this bill incorporates amendments to Section
361.2 of the Welfare and Institutions Code proposed by both this bill
and Senate Bill 977. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2015,
(2) each bill amends Section 361.2 of the Health and Safety Code, and
(3) Senate Bill 1099 is not enacted or as enacted does not amend
that section, and (4) this bill is enacted after Senate Bill 977, in
which case Sections 9, 9.2, and 9.5 of this bill shall not become
operative.
(c) Section 9.5 of this bill incorporates amendments to Section
361.2 of the Welfare and Institutions Code proposed by this bill,
Senate Bill 977, and Senate Bill 1099. It shall only become operative
if (1) all three bills are enacted and become effective on or before
January 1, 2015, (2) all three bills amend Section 361.2 of the
Welfare and Institutions Code, and (3) this bill is enacted after
Senate Bill 977 and Senate Bill 1099, in which case Sections 9, 9.2,
and 9.3 of this bill shall not become operative.
SEC. 27. Section 13.5 of this bill incorporates amendments to
Section 727 of the Welfare and Institutions Code proposed by both
this bill and Assembly Bill 2607. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2015, (2) each bill amends Section 727 of the Welfare and
Institutions Code, and (3) this bill is enacted after Assembly Bill
2607, in which case Section 13 of this bill shall not become
operative.
SEC. 28. Section 17.5 of this bill incorporates amendments to
Section 16002 of the Welfare and Institutions Code proposed by both
this bill and Senate Bill 1099. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2015, (2) each bill amends Section 16002 of the Welfare and
Institutions Code, and (3) this bill is enacted after Senate Bill
1099, in which case Section 17 of this bill shall not become
operative.
SEC. 29. 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.
