SB 1060: Postadoption contact: siblings of dependent children or wards.

Existing law provides that a minor may be adjudged a dependent child or a ward of the juvenile court under specified circumstances. Existing law authorizes the court to place a minor who has been removed from the custody of his or her parent or guardian in foster care, among other placements. Existing law allows, in an adoption proceeding, for continuing contact between the birth relatives and a child if a postadoption contact agreement is entered into voluntarily and is in the best interests of the child at the time the adoption petition is granted.

Existing law requires, 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 to take specified steps, with exceptions, to facilitate ongoing sibling contact, including the encouragement of prospective adoptive parents to make a plan for facilitating postadoptive contact, as specified.

This bill would instead require the county placing agency, as part of the above steps, to the extent practicable, to convene a meeting with the child, the sibling or siblings of the child, the prospective adoptive parent or parents, and a facilitator for the purpose of deciding whether to voluntarily execute a postadoption sibling contact agreement. The bill would provide that the county placing agency is not required to convene a meeting to decide whether to voluntarily execute a postadoption sibling contact agreement if specified circumstances occur. The bill would authorize the child to petition the court for an order requiring the county placing agency to convene a meeting to decide whether to voluntarily execute a postadoption sibling contact agreement. The bill would provide that the meeting is not required to occur if the court determines by a preponderance of the evidence that a postadoption sibling contact agreement or a meeting for the purpose of deciding whether to voluntarily execute such an agreement is contrary to the safety and well-being of the child and notes the determination in the court order. By requiring new duties on a county placing agency relating to meetings on postadoption sibling contact agreements, this bill would impose a state-mandated local program.

Existing law requires the court, at least every 6 months, to review the status of a dependent child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption.

This bill would require the court to inquire into the status of the development of a voluntary postadoption sibling contact agreement at the time of the first review hearing conducted pursuant to the above-described provision.

Existing law requires a juvenile court, in the case of a minor declared a ward and ordered to be placed in foster care, and where the minor has continuing involvement with his or her parents or legal guardians, to include in its order placing the minor in a permanent placement a specification of the nature and frequency of visiting arrangements with the parents or legal guardians.

This bill would expand this provision to also apply to visiting arrangements with siblings of the minor.

This bill would also make conforming changes to related provisions.

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 no reimbursement is required by this act for a specified reason.