AB 20: Postadoption contact agreements: reinstatement of parental rights.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-09-18
Current Status:
Failed
(2024-02-12: Consideration of Governor's veto stricken from file.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill lets certain dependent children and nonminor dependents ask a juvenile court to reinstate or change their biological parents’ parental rights in specific situations (for example, when adoption falls through after three years, when adoptive parents’ rights end, or after certain tribal customary adoptions). It also requires notice of termination hearings to nonminor dependent siblings and the child’s Court‑Appointed Special Advocate (CASA), expands postadoption sibling agreements so siblings without a prior relationship can include visitation and future contact, and requires agencies to discuss those agreements within 90 days after parental rights are terminated.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law provides that a child may be adjudged to be a dependent of the juvenile court because of abuse or neglect. Existing law requires the court to review the status of certain dependent children no less frequently than once every 6 months and requires a supplemental report to be filed as part of that review. Existing law requires, when the report is regarding a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, or, for an Indian child for whom parental rights are not being terminated and a tribal customary adoption is being considered, the report to include, among other things, a description of whether the final adoption order should include provisions for postadoptive sibling contact.
This bill would instead require the report to include a description, if applicable, of the status of the postadoptive sibling agreement.
Existing law provides a procedure for permanently terminating parental rights with regard to a child who has been adjudged a dependent child of the juvenile court. Existing law requires the social worker or probation officer to give notice of a hearing to terminate parental rights to specified individuals, including, among others, any known sibling of the child who is the subject of the hearing if the sibling is either the subject of a dependency proceeding or has been adjudged a dependent child of the juvenile court.
This bill would also require that notice be provided to siblings who are nonminor dependents as well as to the childs Court-Appointed Special Advocate, if one has been appointed. The bill would establish a procedure for certain children and nonminor dependents for whom the parental rights of their biological parent or parents were terminated to petition the court to reinstate or modify their biological parents or parents parental rights, as specified.
Existing law requires, if parental rights are terminated and the court orders a dependent child or ward to be placed for adoption, the county, 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. Existing law provides 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.
This bill would instead specify that the purpose of the meeting is to discuss a postadoption sibling contact agreement within 90 days after termination of parental rights and prior to finalization of the adoption, as specified.
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 specifies that a postadoption contact agreement with siblings with whom the child does not have a preexisting relationship may only include provisions for the sharing of information about the child.
This bill would permit a postadoption contact agreement with siblings with whom the child does not have a preexisting relationship to also include provisions for visitation and for future contact.
The bill would make conforming changes.
By increasing the duties of county placing agencies, this bill would impose 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 no reimbursement is required by this act for a specified reason.
This bill would incorporate additional changes to Section 8616.5 of the Family Code proposed by AB 1650 to be operative only if this bill and AB 1650 are enacted and this bill is enacted last.
Existing law provides that a child may be adjudged to be a dependent of the juvenile court because of abuse or neglect. Existing law requires the court to review the status of certain dependent children no less frequently than once every 6 months and requires a supplemental report to be filed as part of that review. Existing law requires, when the report is regarding a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, or, for an Indian child for whom parental rights are not being terminated and a tribal customary adoption is being considered, the report to include, among other things, a description of whether the final adoption order should include provisions for postadoptive sibling contact.
This bill would instead require the report to include a description, if applicable, of the status of the postadoptive sibling agreement.
Existing law provides a procedure for permanently terminating parental rights with regard to a child who has been adjudged a dependent child of the juvenile court. Existing law requires the social worker or probation officer to give notice of a hearing to terminate parental rights to specified individuals, including, among others, any known sibling of the child who is the subject of the hearing if the sibling is either the subject of a dependency proceeding or has been adjudged a dependent child of the juvenile court.
This bill would also require that notice be provided to siblings who are nonminor dependents as well as to the childs Court-Appointed Special Advocate, if one has been appointed. The bill would establish a procedure for certain children and nonminor dependents for whom the parental rights of their biological parent or parents were terminated to petition the court to reinstate or modify their biological parents or parents parental rights, as specified.
Existing law requires, if parental rights are terminated and the court orders a dependent child or ward to be placed for adoption, the county, 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. Existing law provides 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.
This bill would instead specify that the purpose of the meeting is to discuss a postadoption sibling contact agreement within 90 days after termination of parental rights and prior to finalization of the adoption, as specified.
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 specifies that a postadoption contact agreement with siblings with whom the child does not have a preexisting relationship may only include provisions for the sharing of information about the child.
This bill would permit a postadoption contact agreement with siblings with whom the child does not have a preexisting relationship to also include provisions for visitation and for future contact.
The bill would make conforming changes.
By increasing the duties of county placing agencies, this bill would impose 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 no reimbursement is required by this act for a specified reason.
This bill would incorporate additional changes to Section 8616.5 of the Family Code proposed by AB 1650 to be operative only if this bill and AB 1650 are enacted and this bill is enacted last.
Existing law provides that a child may be adjudged to be a dependent of the juvenile court because of abuse or neglect. Existing law requires the court to review the status of certain dependent children no less frequently than once every 6 months and requires a supplemental report to be filed as part of that review. Existing law requires, when the report is regarding a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, or, for an Indian child for whom parental rights are not being terminated and a tribal customary adoption is being considered, the report to include, among other things, a description of whether the final adoption order should include provisions for postadoptive sibling contact.
This bill would instead require the report to include a description, if applicable, of the status of the postadoptive sibling agreement.
Existing law provides a procedure for permanently terminating parental rights with regard to a child who has been adjudged a dependent child of the juvenile court. Existing law requires the social worker or probation officer to give notice of a hearing to terminate parental rights to specified individuals, including, among others, any known sibling of the child who is the subject of the hearing if the sibling is either the subject of a dependency proceeding or has been adjudged a dependent child of the juvenile court.
This bill would also require that notice to be provided to siblings who are nonminor dependents. dependents as well as to the childs Court-Appointed Special Advocate, if one has been appointed. The bill would establish a procedure for certain children and nonminor dependents for whom the parental rights of their biological parent or parents were terminated to petition the court to reinstate or modify their biological parents or parents parental rights, as specified.
Existing law requires, if parental rights are terminated and the court orders a dependent child or ward to be placed for adoption, the county, 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. Existing law provides 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.
This bill would instead specify that the purpose of the meeting is to discuss a postadoption sibling contact agreement within 90 days after termination of parental rights and prior to finalization of the adoption, as specified.
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 specifies that a postadoption contact agreement with siblings with whom the child does not have a preexisting relationship may only include provisions for the sharing of information about the child.
This bill would permit a postadoption contact agreement with siblings with whom the child does not have a preexisting relationship to also include provisions for visitation and for future contact.
The bill would make conforming changes.
By increasing the duties of county placing agencies, this bill would impose 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 no reimbursement is required by this act for a specified reason.
Existing law provides that a child may be adjudged to be a dependent of the juvenile court because of abuse or neglect. Existing law requires the court to review the status of certain dependent children no less frequently than once every 6 months and requires a supplemental report to be filed as part of that review. Existing law requires, when the report is regarding a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, or, for an Indian child for whom parental rights are not being terminated and a tribal customary adoption is being considered, the report to include, among other things, a description of whether the final adoption order should include provisions for postadoptive sibling contact.
This bill would instead require the report to include a description, if applicable, of the status of the postadoptive sibling agreement.
Existing law provides a procedure for permanently terminating parental rights with regard to a child who has been adjudged a dependent child of the juvenile court. Existing law requires the social worker or probation officer to give notice of a hearing to terminate parental rights to specified individuals, including, among others, any known sibling of the child who is the subject of the hearing if the sibling is either the subject of a dependency proceeding or has been adjudged a dependent child of the juvenile court.
This bill would also require that notice to be provided to siblings who are nonminor dependents. The bill would establish a procedure for certain children and nonminor dependents for whom the parental rights of their biological parent or parents were terminated to petition the court to reinstate or modify their biological parents or parents parental rights, as specified.
Existing law requires, if parental rights are terminated and the court orders a dependent child or ward to be placed for adoption, the county, 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. Existing law provides 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.
This bill would instead specify that the purpose of the meeting is to discuss a postadoption sibling contact agreement within 90 days after termination of parental rights and prior to finalization of the adoption, as specified.
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 specifies that a postadoption contact agreement with siblings with whom the child does not have a preexisting relationship may only include provisions for the sharing of information about the child.
This bill would permit a postadoption contact agreement with siblings with whom the child does not have a preexisting relationship to also include provisions for visitation and for future contact.
The bill would make conforming changes.
By increasing the duties of county placing agencies, this bill would impose 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 no reimbursement is required by this act for a specified reason.
(a)The Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, after being adopted. Postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when contact is beneficial to the children and the agreements are voluntarily executed by birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and adoptive parents. Nothing in this section requires all of the listed parties to participate in the development of a postadoption contact agreement in order for the agreement to be executed.
(b)(1)Nothing in the adoption laws of this state shall be construed to prevent the adopting parent or parents, the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child from voluntarily executing a written agreement to permit continuing contact between the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child if the agreement is found by the court to have been executed voluntarily and to be in the best interests of the child at the time the adoption petition is granted.
(2)The terms of any postadoption contact agreement executed under this section shall be limited to, but need not include, all of the following:
(A)Provisions for visitation between the child and a birth parent or parents and other birth relatives, including siblings, and the childs Indian tribe if the case is governed by the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(B)Provisions for future contact between a birth parent or parents or other birth relatives, including siblings, or both, and the child or an adoptive parent, or both, and in cases governed by the Indian Child Welfare Act, the childs Indian tribe.
(C)Provisions for the sharing of information about the child in the future.
(3)The terms of any postadoption contact agreement with birth relatives, other than the childs birth parent or parents or siblings, shall be limited to the sharing of information about the child, unless the child has a preexisting relationship with the birth relative.
(c)At the time an adoption decree is entered pursuant to a petition filed pursuant to Section 8714, 8714.5, 8802, 8912, or 9000, the court entering the decree may grant postadoption privileges if an agreement for those privileges has been executed, including agreements executed pursuant to subdivision (f) of Section 8620. The hearing to grant the adoption petition and issue an order of adoption may be continued as necessary to permit parties who are in the process of negotiating a postadoption agreement to reach a final agreement.
(d)The child who is the subject of the adoption petition shall be considered a party to the postadoption contact agreement. The written consent to the terms and conditions of the postadoption contact agreement and any subsequent modifications of the agreement by a child who is 12 years of age or older is a necessary condition to the granting of privileges regarding visitation, contact, or sharing of information about the child, unless the court finds by a preponderance of the evidence that the agreement, as written, is in the best interests of the child. Any child who has been found to come within Section 300 of the Welfare and Institutions Code or who is the subject of a petition for jurisdiction of the juvenile court under Section 300 of the Welfare and Institutions Code shall be represented by an attorney for purposes of consent to the postadoption contact agreement.
(e)A postadoption contact agreement shall contain the following warnings in bold type:
(1)After the adoption petition has been granted by the court, the adoption cannot be set aside due to the failure of an adopting parent, a birth parent, a birth relative, including a sibling, an Indian tribe, or the child to follow the terms of this agreement or a later change to this agreement.
(2)A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.
(3)A court will not act on a petition to change or enforce this agreement unless the petitioner has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute.
(f)Upon the granting of the adoption petition and the issuing of the order of adoption of a child who is a dependent of the juvenile court, juvenile court dependency jurisdiction shall be terminated. Enforcement of the postadoption contact agreement shall be under the continuing jurisdiction of the court granting the petition of adoption. The court shall not order compliance with the agreement absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict, prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child. Documentary evidence or offers of proof may serve as the basis for the courts decision regarding enforcement. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(g)The court may not award monetary damages as a result of the filing of the civil action pursuant to subdivision (e).
(h)A postadoption contact agreement may be modified or terminated only if either of the following occurs:
(1)All parties, including the child if the child is 12 years of age or older at the time of the requested termination or modification, have signed a modified postadoption contact agreement and the agreement is filed with the court that granted the petition of adoption.
(2)The court finds all of the following:
(A)The termination or modification is necessary to serve the best interests of the child.
(B)There has been a substantial change of circumstances since the original agreement was executed and approved by the court.
(C)The party seeking the termination or modification has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings prior to seeking court approval of the proposed termination or modification.
Documentary evidence or offers of proof may serve as the basis for the courts decision. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(i)All costs and fees of mediation or other appropriate dispute resolution proceedings shall be borne by each party, excluding the child. All costs and fees of litigation shall be borne by the party filing the action to modify or enforce the agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing agreement shall bear all the costs and fees of litigation.
(j)The Judicial Council shall adopt rules of court and forms for motions to enforce, terminate, or modify postadoption contact agreements.
(k)The court shall not set aside a decree of adoption, rescind a relinquishment, or modify an order to terminate parental rights or any other prior court order because of the failure of a birth parent, adoptive parent, birth relative, including a sibling, an Indian tribe, or the child to comply with any or all of the original terms of, or subsequent modifications to, the postadoption contact agreement, except as follows:
(1)Prior to issuing the order of adoption, in an adoption involving an Indian child, the court may, upon a petition of the birth parent, birth relative, including a sibling, or an Indian tribe, order the parties to engage in family mediation services for the purpose of reaching a postadoption contact agreement if the prospective adoptive parent fails to negotiate in good faith to execute a postadoption contact agreement, after having agreed to enter into negotiations, provided that the failure of the parties to reach an agreement is not in and of itself proof of bad faith.
(2)Prior to issuing the order of adoption, if the parties fail to negotiate in good faith to execute a postadoption contact agreement during the negotiations entered into pursuant to, and in accordance with, paragraph (1), the court may modify prior orders or issue new orders as necessary to ensure the best interest of the Indian child is met, including, but not limited to, requiring parties to engage in further family mediation services for the purpose of reaching a postadoption contact agreement, initiating guardianship proceedings in lieu of adoption, or authorizing a change of adoptive placement for the child.
(l)As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.
SEC. 1.5.Section 8616.5 of the Family Code is amended to read:8616.5.(a)The Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, after being adopted. Postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when contact is beneficial to the children and the agreements are voluntarily executed by birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and adoptive parents. Nothing in this section requires all of the listed parties to participate in the development of a postadoption contact agreement in order for the agreement to be executed.
(b)(1)Nothing in the adoption laws of this state shall be construed to prevent the adopting parent or parents, the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child from voluntarily executing a written agreement to permit continuing contact between the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child if the agreement is found by the court to have been executed voluntarily and to be in the best interests of the child at the time the adoption petition is granted.
(2)The terms of any postadoption contact agreement executed under this section shall be limited to, but need not include, all of the following:
(A)Provisions for visitation between the child and a birth parent or parents and other birth relatives, including siblings, and the childs Indian tribe if the case is governed by the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(B)Provisions for future contact between a birth parent or parents or other birth relatives, including siblings, or both, and the child or an adoptive parent, or both, and in cases governed by the Indian Child Welfare Act, the childs Indian tribe.
(C)Provisions for the sharing of information about the child in the future.
(3)The terms of any postadoption contact agreement with birth relatives, other than the childs birth parent or parents or siblings, shall be limited to the sharing of information about the child, unless the child has a preexisting relationship with the birth relative.
(c)At the time an adoption decree is entered pursuant to a petition filed pursuant to Section 8714, 8714.5, 8802, 8912, or 9000, the court entering the decree may grant postadoption privileges if an agreement for those privileges has been executed, including agreements executed pursuant to subdivision (f) of Section 8620. The hearing to grant the adoption petition and issue an order of adoption may be continued as necessary to permit parties who are in the process of negotiating a postadoption agreement to reach a final agreement.
(d)The child who is the subject of the adoption petition shall be considered a party to the postadoption contact agreement. The written consent to the terms and conditions of the postadoption contact agreement and any subsequent modifications of the agreement by a child who is 12 years of age or older is a necessary condition to the granting of privileges regarding visitation, contact, or sharing of information about the child, unless the court finds by a preponderance of the evidence that the agreement, as written, is in the best interests of the child. Any child who has been found to come within Section 300 of the Welfare and Institutions Code or who is the subject of a petition for jurisdiction of the juvenile court under Section 300 of the Welfare and Institutions Code shall be represented by an attorney for purposes of consent to the postadoption contact agreement.
(e)A postadoption contact agreement shall contain the following warnings in bold type:
(1)After the adoption petition has been granted by the court, the adoption cannot be set aside due to the failure of an adopting parent, a birth parent, a birth relative, including a sibling, an Indian tribe, or the child to follow the terms of this agreement or a later change to this agreement.
(2)A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.
(3)A court will not act on a petition to change or enforce this agreement unless the petitioner has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute.
(f)Upon the granting of the adoption petition and the issuing of the order of adoption of a child who is a dependent of the juvenile court, juvenile court dependency jurisdiction shall be terminated. Enforcement of the postadoption contact agreement shall be under the continuing jurisdiction of the court granting the petition of adoption. The court shall not order compliance with the agreement absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict, prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child. Documentary evidence or offers of proof may serve as the basis for the courts decision regarding enforcement. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(g)The court may not award monetary damages as a result of the filing of the civil action pursuant to subdivision (e).
(h)A postadoption contact agreement may be modified or terminated only if either of the following occurs:
(1)All parties, including the child if the child is 12 years of age or older at the time of the requested termination or modification, have signed a modified postadoption contact agreement and the agreement is filed with the court that granted the petition of adoption.
(2)The court finds all of the following:
(A)The termination or modification is necessary to serve the best interests of the child.
(B)There has been a substantial change of circumstances since the original agreement was executed and approved by the court.
(C)The party seeking the termination or modification has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings prior to seeking court approval of the proposed termination or modification.
Documentary evidence or offers of proof may serve as the basis for the courts decision. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(i)All costs and fees of mediation or other appropriate dispute resolution proceedings shall be borne by each party, excluding the child. All costs and fees of litigation shall be borne by the party filing the action to modify or enforce the agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing agreement shall bear all the costs and fees of litigation.
(j)The Judicial Council shall adopt rules of court and forms for motions to enforce, terminate, or modify postadoption contact agreements.
(k)The court shall not set aside a decree of adoption, rescind a relinquishment, or modify an order to terminate parental rights or any other prior court order because of the failure of a birth parent, adoptive parent, birth relative, including a sibling, an Indian tribe, or the child to comply with any or all of the original terms of, or subsequent modifications to, the postadoption contact agreement, except as follows:
(1)Prior to issuing the order of adoption, in an adoption involving an Indian child, the court may, upon a petition of the birth parent, birth relative, including a sibling, or an Indian tribe, order the parties to engage in family mediation services for the purpose of reaching a postadoption contact agreement if the prospective adoptive parent fails to negotiate in good faith to execute a postadoption contact agreement, after having agreed to enter into negotiations, provided that the failure of the parties to reach an agreement is not in and of itself proof of bad faith.
(2)Prior to issuing the order of adoption, if the parties fail to negotiate in good faith to execute a postadoption contact agreement during the negotiations entered into pursuant to, and in accordance with, paragraph (1), the court may modify prior orders or issue new orders as necessary to ensure the best interest of the Indian child is met, including, but not limited to, requiring parties to engage in further family mediation services for the purpose of reaching a postadoption contact agreement, initiating guardianship proceedings in lieu of adoption, or authorizing a change of adoptive placement for the child.
(l)As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.
(m)(1)In every adoption, each petitioner shall inform the court in writing, on ADOPT-200, whether that petitioner has entered, or has agreed to enter into a postadoption contact agreement with any person or persons.
(2)(A)If a postadoption contact agreement has been entered into, the terms of the agreement shall be set forth on or attached to ADOPT-310 and that form shall be signed by all adult parties to the agreement, and if applicable pursuant to subdivision (d), by the child who is the subject of the adoption.
(B)Prior to finalization of the adoption, the petitioner shall file this form and any attachments with the court. The petitioner shall provide a file-marked copy of the form to all signatories to the agreement, and to any licensed adoption agency that placed the child for adoption or consented to the adoption, within 30 days of the petitioners receipt of the file-marked copy.
SEC. 2.Section 294 of the Welfare and Institutions Code is amended to read:294.The social worker or probation officer shall give notice of a selection and implementation hearing held pursuant to Section 366.26 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The fathers, presumed and alleged.
(3)The Indian custodian, if it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1.
(4)The child, if the child is 10 years of age or older.
(5)The childs tribe, if known, and any tribe in which the child may be a member or eligible for membership if the specific tribe is not known, and it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1.
(6)Any known sibling of the child who is the subject of the hearing if that sibling is the subject of a dependency proceeding, has been adjudged to be a dependent child of the juvenile court, or is a nonminor dependent. If the sibling is 10 years of age or older, the sibling, the siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.
(7)The grandparents of the child, if their address is known and if the parents whereabouts are unknown.
(8)All counsel of record.
(9)To any unknown parent by publication, if ordered by the court pursuant to paragraph (2) of subdivision (g).
(10)The current caregiver of the child, including foster parents, relative caregivers, preadoptive parents, nonrelative extended family members, or resource family. Any person notified may attend all hearings and may submit any information the person deems relevant to the court in writing.
(11)The childs Court-Appointed Special Advocate, if one has been appointed.
(b)The following persons shall not be notified of the hearing:
(1)A parent who has relinquished the child to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoption, and the relinquishment has been accepted and filed with notice as required under Section 8700 of the Family Code.
(2)An alleged father who has denied paternity and has executed a waiver of the right to notice of further proceedings.
(3)A parent whose parental rights have been terminated.
(c)(1)Service of the notice shall be completed at least 45 days before the hearing date. Service is deemed complete at the time the notice is personally delivered to the person named in the notice or 10 days after the notice has been placed in the mail or sent by electronic mail, or at the expiration of the time prescribed by the order for publication.
(2)Service of notice in cases where publication is ordered shall be completed at least 30 days before the date of the hearing.
(d)Regardless of the type of notice required, or the manner in which it is served, once the court has made the initial finding that notice has properly been given to the parent, or to any person entitled to receive notice pursuant to this section, subsequent notice for any continuation of a Section 366.26 hearing may be by first-class mail to any last known address, by an order made pursuant to Section 296, by electronic service pursuant to Section 212.5, or by any other means that the court determines is reasonably calculated, under any circumstance, to provide notice of the continued hearing. However, if the recommendation changes from the recommendation contained in the notice previously found to be proper, notice shall be provided to the parent, and to any person entitled to receive notice pursuant to this section, regarding that subsequent hearing.
(e)The notice shall contain the following information:
(1)The date, time, and place of the hearing.
(2)The right to appear.
(3)The parents right to counsel.
(4)The nature of the proceedings.
(5)The recommendation of the supervising agency.
(6)A statement that, at the time of hearing, the court is required to select a permanent plan of adoption, legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, for the child.
(f)Notice to the parents may be given in any one of the following manners:
(1)If the parent is present at the hearing at which the court schedules a hearing pursuant to Section 366.26, the court shall advise the parent of the date, time, and place of the proceedings, their right to counsel, the nature of the proceedings, and the requirement that at the proceedings the court shall select and implement a plan of adoption, legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter only by first-class mail to the parents usual place of residence or business, or by electronic service pursuant to Section 212.5.
(2)Certified mail, return receipt requested, to the parents last known mailing address. This notice shall be sufficient if the child welfare agency receives a return receipt signed by the parent.
(3)Personal service to the parent named in the notice.
(4)Delivery to a competent person who is at least 18 years of age at the parents usual place of residence or business, and thereafter served on the parent named in the notice by first-class mail at the place where the notice was delivered or by electronic service pursuant to Section 212.5.
(5)If the residence of the parent is outside the state, service may be made as described in paragraph (1), (3), or (4) or by certified mail, return receipt requested.
(6)If the recommendation of the probation officer or social worker is legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, service may be made by first-class mail to the parents usual place of residence or business or by electronic service pursuant to Section 212.5. In the case of an Indian child, if the recommendation of the probation officer or social worker is tribal customary adoption, service may be made by first-class mail to the parents usual place of residence or business.
(7)If a parents identity is known but their whereabouts are unknown and the parent cannot, with reasonable diligence, be served in any manner specified in paragraphs (1) to (6), inclusive, the petitioner shall file an affidavit with the court at least 75 days before the hearing date, stating the name of the parent and describing the efforts made to locate and serve the parent.
(A)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends adoption, service shall be to that parents attorney of record, if any, by certified mail, return receipt requested. If the parent does not have an attorney of record, the court shall order that service be made by publication of citation requiring the parent to appear at the date, time, and place stated in the citation, and that the citation be published in a newspaper designated as most likely to give notice to the parent. Publication shall be made once a week for four consecutive weeks. Whether notice is to the attorney of record or by publication, the court shall also order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail or by electronic service pursuant to Section 212.5.
(B)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, no further notice is required to the parent, but the court shall order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail or by electronic service pursuant to Section 212.5.
(C)In any case where the residence of the parent becomes known, notice shall immediately be served upon the parent as provided for in either paragraph (2), (3), (4), (5), or (6).
(g)(1)If the identity of one or both of the parents, or alleged parents, of the child is unknown, or if the name of one or both parents is uncertain, then that fact shall be set forth in the affidavit filed with the court at least 75 days before the hearing date and the court, consistent with Sections 7665 and 7666 of the Family Code, shall issue an order dispensing with notice to a natural parent or possible natural parent under this section if, after inquiry and a determination that there has been due diligence in attempting to identify the unknown parent, the court is unable to identify the natural parent or possible natural parent and no person has appeared claiming to be the natural parent.
(2)After a determination that there has been due diligence in attempting to identify an unknown parent pursuant to paragraph (1) and the probation officer or social worker recommends adoption, the court shall consider whether publication notice would be likely to lead to actual notice to the unknown parent. The court may order publication notice if, on the basis of all information before the court, the court determines that notice by publication is likely to lead to actual notice to the parent. If publication notice to an unknown parent is ordered, the court shall order the published citation to be directed to either the father or mother, or both, of the child, and to all persons claiming to be the father or mother of the child, naming and otherwise describing the child. An order of publication pursuant to this paragraph shall be based on an affidavit describing efforts made to identify the unknown parent or parents. Service made by publication pursuant to this paragraph shall require the unknown parent or parents to appear at the date, time, and place stated in the citation. Publication shall be made once a week for four consecutive weeks.
(3)If the court determines that there has been due diligence in attempting to identify one or both of the parents, or alleged parents, of the child and the probation officer or social worker recommends legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, no further notice to the parent shall be required.
(h)Notice to all counsel of record shall be by first-class mail or by electronic service pursuant to Section 212.5.
(i)If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, notice shall be given in accordance with Section 224.3.
(j)Notwithstanding subdivision (a), if the attorney of record is present at the time the court schedules a hearing pursuant to Section 366.26, no further notice is required, except as required by subparagraph (A) of paragraph (7) of subdivision (f).
(k)This section shall also apply to children adjudged wards pursuant to Section 727.31.
(l)The court shall state the reasons on the record explaining why good cause exists for granting any continuance of a hearing held pursuant to Section 366.26 to fulfill the requirements of this section.
(m)Notice of any hearing at which the county welfare department is recommending the termination of parental rights may only be served electronically if notice is also given by another means of service provided for in this section.
SEC. 3.Section 366.26 of the Welfare and Institutions Code is amended to read:366.26.(a)This section applies to children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360. The procedures specified in this section are the exclusive procedures for conducting these hearings. The procedures in Part 2 (commencing with Section 3020) of Division 8 of the Family Code are not applicable to these proceedings. Section 8616.5 of the Family Code is applicable and available to all dependent children meeting the requirements of that section, if the postadoption contact agreement has been entered into voluntarily. For children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360, this section, and Sections 8604, 8605, 8606, and 8700 of the Family Code and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 of the Family Code specify the exclusive procedures for permanently terminating parental rights with regard to, or establishing legal guardianship of, the child while the child is a dependent child of the juvenile court.
(b)At the hearing, which shall be held in juvenile court for all children who are dependents of the juvenile court, the court, in order to provide stable, permanent homes for these children, shall review the report as specified in Section 361.5, 366.21, 366.22, or 366.25, shall indicate that the court has read and considered it, shall receive other evidence that the parties may present, and then shall make findings and orders in the following order of preference:
(1)Terminate the rights of the parent or parents and order that the child be placed for adoption and, upon the filing of a petition for adoption in the juvenile court, order that a hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted.
(2)Order, without termination of parental rights, the plan of tribal customary adoption, as described in Section 366.24, through tribal custom, traditions, or law of the Indian childs tribe, and upon the court affording the tribal customary adoption order full faith and credit at the continued selection and implementation hearing, order that a hearing be set pursuant to paragraph (2) of subdivision (e).
(3)Appoint a relative or relatives with whom the child is currently residing as legal guardian or guardians for the child, and order that letters of guardianship issue.
(4)On making a finding under paragraph (3) of subdivision (c), identify adoption or tribal customary adoption as the permanent placement goal and order that efforts be made to locate an appropriate adoptive family for the child within a period not to exceed 180 days.
(5)Appoint a nonrelative legal guardian for the child and order that letters of guardianship issue.
(6)Order that the child be permanently placed with a fit and willing relative, subject to the periodic review of the juvenile court under Section 366.3.
(7)Order that the child remain in foster care, subject to the conditions described in paragraph (4) of subdivision (c) and the periodic review of the juvenile court under Section 366.3.
In choosing among the alternatives in this subdivision, the court shall proceed pursuant to subdivision (c).
(c)(1)If the court determines, based on the assessment provided as ordered under subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, or subdivision (b) of Section 366.25, and any other relevant evidence, by a clear and convincing standard, that it is likely the child will be adopted, the court shall terminate parental rights and order the child placed for adoption. The fact that the child is not yet placed in a preadoptive home nor with a relative or foster family who is prepared to adopt the child, shall not constitute a basis for the court to conclude that it is not likely the child will be adopted. A finding under subdivision (b) or paragraph (1) of subdivision (e) of Section 361.5 that reunification services shall not be offered, under subdivision (e) of Section 366.21 that the whereabouts of a parent have been unknown for six months or that the parent has failed to visit or contact the child for six months, or that the parent has been convicted of a felony indicating parental unfitness, or, under Section 366.21 or 366.22, that the court has continued to remove the child from the custody of the parent or guardian and has terminated reunification services, shall constitute a sufficient basis for termination of parental rights. Under these circumstances, the court shall terminate parental rights unless either of the following applies:
(A)The child is living with a relative who is unable or unwilling to adopt the child because of circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment through legal guardianship, and the removal of the child from the custody of their relative would be detrimental to the emotional well-being of the child. For purposes of an Indian child, relative shall include an extended family member, as defined in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1903(2)).
(B)The court finds a compelling reason for determining that termination would be detrimental to the child due to one or more of the following circumstances:
(i)The parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship.
(ii)A child 12 years of age or older objects to termination of parental rights.
(iii)The child is placed in a residential treatment facility, adoption is unlikely or undesirable, and continuation of parental rights will not prevent finding the child a permanent family placement if the parents cannot resume custody when residential care is no longer needed.
(iv)The child is living with a foster parent or Indian custodian who is unable or unwilling to adopt the child because of exceptional circumstances, that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment and the removal of the child from the physical custody of their foster parent or Indian custodian would be detrimental to the emotional well-being of the child. This clause does not apply to any child who is either (I) under six years of age or (II) a member of a sibling group where at least one child is under six years of age and the siblings are, or should be, permanently placed together.
(v)There would be substantial interference with a childs sibling relationship, taking into consideration the nature and extent of the relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shared significant common experiences or has existing close and strong bonds with a sibling, and whether ongoing contact is in the childs best interest, including the childs long-term emotional interest, as compared to the benefit of legal permanence through adoption.
(vi)The child is an Indian child and there is a compelling reason for determining that termination of parental rights would not be in the best interest of the child, including, but not limited to:
(I)Termination of parental rights would substantially interfere with the childs connection to their tribal community or the childs tribal membership rights.
(II)The childs tribe has identified guardianship, foster care with a fit and willing relative, tribal customary adoption, or another planned permanent living arrangement for the child.
(III)The child is a nonminor dependent, and the nonminor and the nonminors tribe have identified tribal customary adoption for the nonminor.
(C)For purposes of subparagraph (B), in the case of tribal customary adoptions, Section 366.24 shall apply.
(D)If the court finds that termination of parental rights would be detrimental to the child pursuant to clause (i), (ii), (iii), (iv), (v), or (vi), it shall state its reasons in writing or on the record.
(2)The court shall not terminate parental rights if:
(A)At each hearing at which the court was required to consider reasonable efforts or services, the court has found that reasonable efforts were not made or that reasonable services were not offered or provided.
(B)In the case of an Indian child:
(i)At the hearing terminating parental rights, the court has found that active efforts were not made as required in Section 361.7.
(ii)The court does not make a determination at the hearing terminating parental rights, supported by evidence beyond a reasonable doubt, including testimony of one or more qualified expert witnesses as defined in Section 224.6, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
(iii)The court has ordered tribal customary adoption pursuant to Section 366.24.
(3)If the court finds that termination of parental rights would not be detrimental to the child pursuant to paragraph (1) and that the child has a probability for adoption but is difficult to place for adoption and there is no identified or available prospective adoptive parent, the court may identify adoption as the permanent placement goal and, without terminating parental rights, order that efforts be made to locate an appropriate adoptive family for the child, within the state or out of the state, within a period not to exceed 180 days. During this 180-day period, the public agency responsible for seeking adoptive parents for each child shall, to the extent possible, ask each child who is 10 years of age or older to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential adoptive parents. The public agency may ask any other child to provide that information, as appropriate. During the 180-day period, the public agency shall, to the extent possible, contact other private and public adoption agencies regarding the availability of the child for adoption. During the 180-day period, the public agency shall conduct the search for adoptive parents in the same manner as prescribed for children in Sections 8708 and 8709 of the Family Code. At the expiration of this period, another hearing shall be held and the court shall proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision (b). For purposes of this section, a child may only be found to be difficult to place for adoption if there is no identified or available prospective adoptive parent for the child because of the childs membership in a sibling group, or the presence of a diagnosed medical, physical, or mental handicap, or the child is seven years of age or older.
(4)(A)If the court finds that adoption of the child or termination of parental rights is not in the best interest of the child, because one of the conditions in clause (i), (ii), (iii), (iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in paragraph (2) applies, the court shall order that the present caretakers or other appropriate persons shall become legal guardians of the child, or, in the case of an Indian child, consider a tribal customary adoption pursuant to Section 366.24. Legal guardianship shall be considered before continuing the child in foster care under any other permanent plan, if it is in the best interests of the child and if a suitable guardian can be found. If the child continues in foster care, the court shall make factual findings identifying any barriers to achieving adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative as of the date of the hearing. A child who is 10 years of age or older, shall be asked to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential guardians or, in the case of an Indian child, prospective tribal customary adoptive parents. The agency may ask any other child to provide that information, as appropriate.
(B)(i)If the child is living with an approved relative who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order a permanent plan of placement with a fit and willing relative, and the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the relative caretaker.
(ii)If the child is living with a nonrelative caregiver who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. Regardless of the age of the child, the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the caregiver.
(iii)If the child is living in a group home or, on or after January 1, 2017, a short-term residential therapeutic program, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(C)The court shall also make an order for visitation with the parents or guardians unless the court finds by a preponderance of the evidence that the visitation would be detrimental to the physical or emotional well-being of the child.
(5)If the court finds that the child should not be placed for adoption, that legal guardianship shall not be established, that placement with a fit and willing relative is not appropriate as of the hearing date, and that there are no suitable foster parents except certified family homes or resource families of a foster family agency available to provide the child with a stable and permanent environment, the court may order the care, custody, and control of the child transferred from the county welfare department to a licensed foster family agency. The court shall consider the written recommendation of the county welfare director regarding the suitability of the transfer. The transfer shall be subject to further court orders.
The licensed foster family agency shall place the child in a suitable licensed or certified family home that has been certified by the agency as meeting licensing standards or with a resource family approved by the agency. The licensed foster family agency shall be responsible for supporting the child and providing appropriate services to the child, including those services ordered by the court. Responsibility for the support of the child shall not, in and of itself, create liability on the part of the foster family agency to third persons injured by the child. Those children whose care, custody, and control are transferred to a foster family agency shall not be eligible for foster care maintenance payments or child welfare services, except for emergency response services pursuant to Section 16504.
(d)The proceeding for the appointment of a guardian for a child who is a dependent of the juvenile court shall be conducted in the juvenile court. If the court finds pursuant to this section that legal guardianship is the appropriate permanent plan, it shall appoint the legal guardian and issue letters of guardianship. The assessment prepared pursuant to subdivision (g) of Section 361.5, subdivision (i) of Section 366.21, subdivision (c) of Section 366.22, and subdivision (b) of Section 366.25 shall be read and considered by the court prior to the appointment, and this shall be reflected in the minutes of the court. The assessment may also include the naming of a prospective successor guardian, if one is identified. In the event of the incapacity or death of the appointed guardian, the named successor guardian may be assessed and appointed pursuant to this section. The person preparing the assessment may be called and examined by any party to the proceeding.
(e)(1)The proceeding for the adoption of a child who is a dependent of the juvenile court shall be conducted in the juvenile court if the court finds pursuant to this section that adoption is the appropriate permanent plan and the petition for adoption is filed in the juvenile court. Upon the filing of a petition for adoption, the juvenile court shall order that an adoption hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted. The full report required by Section 8715 of the Family Code shall be read and considered by the court prior to the adoption and this shall be reflected in the minutes of the court. The person preparing the report may be called and examined by any party to the proceeding. It is the intent of the Legislature, pursuant to this subdivision, to give potential adoptive parents the option of filing in the juvenile court the petition for the adoption of a child who is a dependent of the juvenile court. Nothing in this section is intended to prevent the filing of a petition for adoption in any other court as permitted by law, instead of in the juvenile court.
(2)In the case of an Indian child, if the Indian childs tribe has elected a permanent plan of tribal customary adoption, the court, upon receiving the tribal customary adoption order will afford the tribal customary adoption order full faith and credit to the same extent that the court would afford full faith and credit to the public acts, records, judicial proceedings, and judgments of any other entity. Upon a determination that the tribal customary adoption order may be afforded full faith and credit, consistent with Section 224.5, the court shall thereafter order a hearing to finalize the adoption be set upon the filing of the adoption petition. The prospective tribal customary adoptive parents and the child who is the subject of the tribal customary adoption petition shall appear before the court for the finalization hearing. The court shall thereafter issue an order of adoption pursuant to Section 366.24.
(3)(A)If a child who is the subject of a finalized tribal customary adoption shows evidence of a developmental disability or mental illness as a result of conditions existing before the tribal customary adoption to the extent that the child cannot be relinquished to a licensed adoption agency on the grounds that a plan of adoption is not currently suitable, and of which condition the tribal customary adoptive parent or parents had no knowledge or notice before the entry of the tribal customary adoption order, a petition setting forth those facts may be filed by the tribal customary adoptive parent or parents with the juvenile court that granted the tribal customary adoption petition. If these facts are proved to the satisfaction of the juvenile court, it may make an order setting aside the tribal customary adoption order. The set-aside petition shall be filed within five years of the issuance of the tribal customary adoption order. The court clerk shall immediately notify the childs tribe and the department in Sacramento of the petition within 60 days after the notice of filing of the petition. The department shall file a full report with the court and shall appear before the court for the purpose of representing the child. Whenever a final decree of tribal customary adoption has been vacated or set aside, the child shall be returned to the custody of the county in which the proceeding for tribal customary adoption was finalized. The biological parent or parents of the child may petition for return of custody. The disposition of the child after the court has entered an order to set aside a tribal customary adoption shall include consultation with the childs tribe.
(B)Notwithstanding any other law, an adoption case file, including a juvenile case file, as defined in subdivision (e) of Section 827, may be inspected and copied by the department for the purpose of completing the duties pursuant to this paragraph.
(f)At the beginning of any proceeding pursuant to this section, if the child or the parents are not being represented by previously retained or appointed counsel, the court shall proceed as follows:
(1)In accordance with subdivision (c) of Section 317, if a child before the court is without counsel, the court shall appoint counsel unless the court finds that the child would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless this representation is knowingly and intelligently waived. The same counsel shall not be appointed to represent both the child and their parent. The public defender or private counsel may be appointed as counsel for the parent.
(3)Private counsel appointed under this section shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. The amount shall be paid by the real parties in interest, other than the child, in any proportions the court deems just. However, if the court finds that any of the real parties in interest are unable to afford counsel, the amount shall be paid out of the general fund of the county.
(g)The court may continue the proceeding for a period of time not to exceed 30 days as necessary to appoint counsel, and to enable counsel to become acquainted with the case.
(h)(1)At all proceedings under this section, the court shall consider the wishes of the child and shall act in the best interests of the child.
(2)In accordance with Section 349, the child shall be present in court if the child or the childs counsel so requests or the court so orders. If the child is 10 years of age or older and is not present at a hearing held pursuant to this section, the court shall determine whether the minor was properly notified of their right to attend the hearing and inquire as to the reason why the child is not present.
(3)(A)The testimony of the child may be taken in chambers and outside the presence of the childs parent or parents, if the childs parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist:
(i)The court determines that testimony in chambers is necessary to ensure truthful testimony.
(ii)The child is likely to be intimidated by a formal courtroom setting.
(iii)The child is afraid to testify in front of their parent or parents.
(B)After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents.
(C)The testimony of a child also may be taken in chambers and outside the presence of the guardian or guardians of a child under the circumstances specified in this subdivision.
(i)(1)Any order of the court permanently terminating parental rights under this section shall be conclusive and binding upon the child, upon the parent or parents, and upon all other persons who have been served with citation by publication or otherwise as provided in this chapter. Except as provided in Section 366.30, after making the order, the juvenile court shall have no power to set aside, change, or modify it, except as provided in paragraph (2), but nothing in this section shall be construed to limit the right to appeal the order.
(2)A tribal customary adoption order evidencing that the Indian child has been the subject of a tribal customary adoption shall be afforded full faith and credit and shall have the same force and effect as an order of adoption authorized by this section. The rights and obligations of the parties as to the matters determined by the Indian childs tribe shall be binding on all parties. A court shall not order compliance with the order absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith, in family mediation services of the court or dispute resolution through the tribe regarding the conflict, prior to the filing of the enforcement action.
(j)If the court, by order or judgment, declares the child free from the custody and control of both parents, or one parent if the other does not have custody and control, or declares the child eligible for tribal customary adoption, the court shall at the same time order the child referred to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoptive placement by the agency. However, except in the case of a tribal customary adoption where there is no termination of parental rights, a petition for adoption may not be granted until the appellate rights of the natural parents have been exhausted. The State Department of Social Services, county adoption agency, or licensed adoption agency shall be responsible for the custody and supervision of the child and shall be entitled to the exclusive care and control of the child at all times until a petition for adoption or tribal customary adoption is granted, except as specified in subdivision (n). With the consent of the agency, the court may appoint a guardian of the child, who shall serve until the child is adopted.
(k)(1)Notwithstanding any other law, the application of any person who, as a relative caretaker or foster parent, has cared for a dependent child for whom the court has approved a permanent plan for adoption, or who has been freed for adoption, shall be given preference with respect to that child over all other applications for adoptive placement if the agency making the placement determines that the child has substantial emotional ties to the relative caretaker or foster parent and removal from the relative caretaker or foster parent would be seriously detrimental to the childs emotional well-being.
(2)As used in this subdivision, preference means that the application shall be processed and, if satisfactory, the family study shall be completed before the processing of the application of any other person for the adoptive placement of the child.
(l)(1)An order by the court that a hearing pursuant to this section be held is not appealable at any time unless all of the following apply:
(A)A petition for extraordinary writ review was filed in a timely manner.
(B)The petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record.
(C)The petition for extraordinary writ review was summarily denied or otherwise not decided on the merits.
(2)Failure to file a petition for extraordinary writ review within the period specified by rule, to substantively address the specific issues challenged, or to support that challenge by an adequate record shall preclude subsequent review by appeal of the findings and orders made pursuant to this section.
(3)The Judicial Council shall adopt rules of court, effective January 1, 1995, to ensure all of the following:
(A)A trial court, after issuance of an order directing a hearing pursuant to this section be held, shall advise all parties of the requirement of filing a petition for extraordinary writ review as set forth in this subdivision in order to preserve any right to appeal in these issues.
(i)If a party is present at the time of the making of the order, the notice shall be made orally to the party.
(ii)If the party is not present at the time of making the order, the notice shall be made by the clerk of the court by first-class mail to the last known address of a party or by electronic service pursuant to Section 212.5. If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served pursuant to Section 212.5, but only in addition to service of the notice by first-class mail.
(B)The prompt transmittal of the records from the trial court to the appellate court.
(C)That adequate time requirements for counsel and court personnel exist to implement the objective of this subdivision.
(D)That the parent or guardian, or their trial counsel or other counsel, is charged with the responsibility of filing a petition for extraordinary writ relief pursuant to this subdivision.
(4)The intent of this subdivision is to do both of the following:
(A)Make every reasonable attempt to achieve a substantive and meritorious review by the appellate court within the time specified in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant to this section.
(B)Encourage the appellate court to determine all writ petitions filed pursuant to this subdivision on their merits.
(5)This subdivision shall only apply to cases in which an order to set a hearing pursuant to this section is issued on or after January 1, 1995.
(m)Except for subdivision (j), this section shall also apply to minors adjudged wards pursuant to Section 727.31.
(n)(1)Notwithstanding Section 8704 of the Family Code or any other law, the court, at a hearing held pursuant to this section or anytime thereafter, may designate a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least one step to facilitate the adoption process. In determining whether to make that designation, the court may take into consideration whether the caretaker is listed in the preliminary assessment prepared by the county department in accordance with subdivision (i) of Section 366.21 as an appropriate person to be considered as an adoptive parent for the child and the recommendation of the State Department of Social Services, county adoption agency, or licensed adoption agency.
(2)For purposes of this subdivision, steps to facilitate the adoption process include, but are not limited to, the following:
(A)Applying for an adoption homestudy.
(B)Cooperating with an adoption homestudy.
(C)Being designated by the court or the adoption agency as the adoptive family.
(D)Requesting de facto parent status.
(E)Signing an adoptive placement agreement.
(F)Engaging in discussions regarding a postadoption contact agreement.
(G)Working to overcome any impediments that have been identified by the State Department of Social Services, county adoption agency, or licensed adoption agency.
(H)Attending classes required of prospective adoptive parents.
(3)Prior to a change in placement and as soon as possible after a decision is made to remove a child from the home of a designated prospective adoptive parent, the agency shall notify the court, the designated prospective adoptive parent, or the current caretaker, if that caretaker would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of this notice, the childs attorney, the child, if the child is 10 years of age or older, and, where it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, the childs tribe, of the proposal in the manner described in Section 16010.6.
(A)Within five court days or seven calendar days, whichever is longer, of the date of notification, the child, the childs attorney, the childs tribe, or the designated prospective adoptive parent may file a petition with the court objecting to the proposal to remove the child, or the court, upon its own motion, may set a hearing regarding the proposal. The court may, for good cause, extend the filing period. A caretaker who would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of the notice of proposed removal of the child may file, together with the petition under this subparagraph, a petition for an order designating the caretaker as a prospective adoptive parent for purposes of this subdivision.
(B)A hearing ordered pursuant to this paragraph shall be held as soon as possible and not later than five court days after the petition is filed with the court or the court sets a hearing upon its own motion, unless the court for good cause is unable to set the matter for hearing five court days after the petition is filed, in which case the court shall set the matter for hearing as soon as possible. At the hearing, the court shall determine whether the caretaker has met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1), and whether the proposed removal of the child from the home of the designated prospective adoptive parent is in the childs best interest, and the child may not be removed from the home of the designated prospective adoptive parent unless the court finds that removal is in the childs best interest. If the court determines that the caretaker did not meet the threshold criteria to be designated as a prospective adoptive parent on the date of service of the notice of proposed removal of the child, the petition objecting to the proposed removal filed by the caretaker shall be dismissed. If the caretaker was designated as a prospective adoptive parent prior to this hearing, the court shall inquire into any progress made by the caretaker towards the adoption of the child since the caretaker was designated as a prospective adoptive parent.
(C)A determination by the court that the caretaker is a designated prospective adoptive parent pursuant to paragraph (1) or subparagraph (B) does not make the caretaker a party to the dependency proceeding nor does it confer on the caretaker any standing to object to any other action of the department, county adoption agency, or licensed adoption agency, unless the caretaker has been declared a de facto parent by the court prior to the notice of removal served pursuant to paragraph (3).
(D)If a petition objecting to the proposal to remove the child is not filed, and the court, upon its own motion, does not set a hearing, the child may be removed from the home of the designated prospective adoptive parent without a hearing.
(4)Notwithstanding paragraph (3), if the State Department of Social Services, county adoption agency, or licensed adoption agency determines that the child must be removed from the home of the caretaker who is or may be a designated prospective adoptive parent immediately, due to a risk of physical or emotional harm, the agency may remove the child from that home and is not required to provide notice prior to the removal. However, as soon as possible and not longer than two court days after the removal, the agency shall notify the court, the caretaker who is or may be a designated prospective adoptive parent, the childs attorney, and the child, if the child is 10 years of age or older, of the removal. Within five court days or seven calendar days, whichever is longer, of the date of notification of the removal, the child, the childs attorney, or the caretaker who is or may be a designated prospective adoptive parent may petition for, or the court on its own motion may set, a noticed hearing pursuant to paragraph (3). The court may, for good cause, extend the filing period.
(5)Except as provided in subdivision (b) of Section 366.28, an order by the court issued after a hearing pursuant to this subdivision shall not be appealable.
(6)Nothing in this section shall preclude a county child protective services agency from fully investigating and responding to alleged abuse or neglect of a child pursuant to Section 11165.5 of the Penal Code.
(7)When an Indian child is removed from the home of a prospective adoptive parent pursuant to this section, the placement preferences contained in Section 361.31 and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) apply to the subsequent placement of the child.
(8)The Judicial Council shall prepare forms to facilitate the filing of the petitions described in this subdivision, which shall become effective on January 1, 2006.
SEC. 4.Section 366.30 is added to the Welfare and Institutions Code, immediately following Section 366.29, to read:366.30.(a)A child or nonminor dependent who meets one of the following descriptions may petition the juvenile court to reinstate or modify parental rights pursuant to Section 388:
(1)A child or nonminor dependent who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined adoption is no longer the permanent plan.
(2)A child for whom the parental rights of their biological parent or parents were terminated, who was subsequently adopted, and for whom the parental rights of their adoptive parent or parents have been terminated.
(3)A nonminor dependent for whom the court assumed dependency jurisdiction based on a petition filed pursuant to paragraph (3) or (4) of subdivision (a) of Section 388.1.
(4)An Indian child as defined in Section 224.1, for whom the parental rights of their biological parent or parents were modified by a tribal customary adoption, who was subsequently adopted, and for whom the parental rights of their adoptive parent or parents have been modified or terminated, or who are in agreement with the modification of parental rights.
(5)A nonminor dependent for whom the parental rights of their biological parent or parents were modified by a tribal customary adoption and who was subsequently adopted.
(b)A child or nonminor dependent described in paragraph (1) of subdivision (a) may file the petition prior to the expiration of the three-year period required pursuant to paragraph (1) of subdivision (a) if the State Department of Social Services, county adoption agency, or licensed adoption agency that is responsible for custody and supervision of the child or nonminor dependent as described in subdivision (j) of Section 366.26 and the child or nonminor dependent stipulate that the child or nonminor dependent is no longer likely to be adopted.
(c)A child over 12 years of age or nonminor dependent shall sign the petition in the absence of a showing of good cause as to why the child could not do so.
(d)If it appears that the best interests of the child or nonminor dependent may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs or nonminor dependents attorney of record, or, if there is no attorney of record for the child or nonminor dependent, to the child or nonminor dependent, and the childs or nonminor dependents tribe, if applicable, by means described in subdivision (c) of Section 297. The court shall order the child or nonminor dependent, or the social worker or probation officer, to give prior notice of the hearing to the childs or nonminor dependents former parent or parents whose parental rights were terminated in the manner required by subdivision (f) of Section 294 when the recommendation is adoption.
(e)(1)For a child or nonminor dependent described in paragraph (1), (2), or (3) of subdivision (a), the juvenile court shall grant the petition if it finds by clear and convincing evidence that reinstatement of parental rights is in the childs or nonminor dependents best interest.
(2)For a child or nonminor dependent described in paragraph (4) or (5) of subdivision (a), the juvenile court shall resume dependency jurisdiction to provide the childs or nonminor dependents tribe an opportunity to modify the tribal customary adoption order. The juvenile court shall grant the modified tribal customary adoption order full faith and credit when the tribe files as described in paragraph (6) of subdivision (c) of Section 366.24.
(3)If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights.
(f)This subdivision shall be retroactive and shall apply to any child or nonminor dependent who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
(g)A nonminor dependent whose biological parents or parents rights have been reinstated pursuant to this section may waive the termination of the parental duties and responsibilities of an existing adoptive parent or parents by signing a waiver at any time prior to the reinstatement of parental rights. The waiver may be included in the petition for reinstatement of parental rights or in a separate writing filed with the court.
SEC. 5.Section 366.3 of the Welfare and Institutions Code is amended to read:366.3.(a)(1)If a juvenile court orders a permanent plan of adoption, tribal customary adoption, adoption of a nonminor dependent pursuant to subdivision (f) of Section 366.31, or legal guardianship pursuant to Section 360 or 366.26, the court shall retain jurisdiction over the child or nonminor dependent until the child or nonminor dependent is adopted or the legal guardianship is established, except as provided for in Section 366.29 or, on and after January 1, 2012, Section 366.32. The status of the child or nonminor dependent shall be reviewed every six months to ensure that the adoption or legal guardianship is completed as expeditiously as possible. Following a termination of parental rights, the parent or parents shall not be a party to, or receive notice of, any subsequent proceedings regarding the child.
(2)When the adoption of the child or nonminor dependent has been granted, or in the case of a tribal customary adoption, when the tribal customary adoption order has been afforded full faith and credit and the petition for adoption has been granted, the court shall terminate its jurisdiction over the child or nonminor dependent.
(3)Following establishment of a legal guardianship, the court may continue jurisdiction over the child as a dependent child of the juvenile court or may terminate its dependency jurisdiction and retain jurisdiction over the child as a ward of the legal guardianship, as authorized by Section 366.4. If, however, a relative or nonrelative extended family member of the child is appointed the legal guardian of the child and the guardians home has been approved pursuant to Section 16519.5 for at least six months, the court shall, except if the relative or nonrelative extended family member guardian objects, or upon a finding of exceptional circumstances, terminate its dependency jurisdiction and retain jurisdiction over the child as a ward of the guardianship, as authorized by Section 366.4.
(b)(1)If the court has dismissed dependency jurisdiction following the establishment of a legal guardianship, or no dependency jurisdiction attached because of the granting of a legal guardianship pursuant to Section 360, and the legal guardianship is subsequently revoked or otherwise terminated, the county welfare department shall notify the juvenile court of this fact. The court may vacate its previous order dismissing dependency jurisdiction over the child.
(2)Notwithstanding Section 1601 of the Probate Code, the proceedings to terminate a legal guardianship that have been granted pursuant to Section 360 or 366.26 shall be held either in the juvenile court that retains jurisdiction over the guardianship, as authorized by Section 366.4, or the juvenile court in the county where the guardian and child currently reside, based on the best interests of the child, unless the termination is due to the emancipation or adoption of the child. The juvenile court having jurisdiction over the guardianship shall receive notice from the court in which the petition is filed within five calendar days of the filing. Prior to the hearing on a petition to terminate legal guardianship pursuant to this subdivision, the court shall order the county welfare department having jurisdiction or jointly with the county department where the guardian and child currently reside to prepare a report, for the courts consideration, that shall include an evaluation of whether the child could safely remain in, or be returned to, the legal guardians home, without terminating the legal guardianship, if services were provided to the child or legal guardian. If applicable, the report shall also identify recommended family maintenance or reunification services to maintain the legal guardianship and set forth a plan for providing those services. If the petition to terminate legal guardianship is granted, either juvenile court may resume dependency jurisdiction over the child, and may order the county welfare department to develop a new permanent plan, which shall be presented to the court within 60 days of the termination. If no dependency jurisdiction has attached, the social worker shall make any investigation the social worker deems necessary to determine whether the child may be within the jurisdiction of the juvenile court, as provided in Section 328.
(3)Unless the parental rights of the childs parent or parents have been terminated, they shall be notified that the legal guardianship has been revoked or terminated and shall be entitled to participate in the new permanency planning hearing. The court shall try to place the child in another permanent placement. At the hearing, the parents may be considered as custodians but the child shall not be returned to the parent or parents unless they prove, by a preponderance of the evidence, that reunification is the best alternative for the child. The court may, if it is in the best interests of the child, order that reunification services again be provided to the parent or parents.
(c)If, following the establishment of a legal guardianship, the county welfare department becomes aware of changed circumstances that indicate adoption or, for an Indian child, tribal customary adoption, may be an appropriate plan for the child, the department shall so notify the court. The court may vacate its previous order dismissing dependency jurisdiction over the child and order that a hearing be held pursuant to Section 366.26 to determine whether adoption or continued legal guardianship is the most appropriate plan for the child. The hearing shall be held no later than 120 days from the date of the order. If the court orders that a hearing shall be held pursuant to Section 366.26, the court shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services if it is acting as an adoption agency, to prepare an assessment under subdivision (b) of Section 366.22.
(d)(1)If the child or nonminor dependent is in a placement other than the home of a legal guardian and jurisdiction has not been dismissed, the status of the child shall be reviewed at least every six months. The review of the status of a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption shall be conducted by the court. The review of the status of a child or nonminor dependent for whom the court has not ordered parental rights terminated and who has not been ordered placed for adoption may be conducted by the court or an appropriate local agency. The court shall conduct the review under the following circumstances:
(A)Upon the request of the childs parents or legal guardians.
(B)Upon the request of the child or nonminor dependent.
(C)It has been 12 months since a hearing held pursuant to Section 366.26 or an order that the child remain in foster care pursuant to Section 366.21, 366.22, 366.25, 366.26, or subdivision (h).
(D)It has been 12 months since a review was conducted by the court.
(2)The court shall determine whether or not reasonable efforts to make and finalize a permanent placement for the child have been made.
(e)Except as provided in subdivision (g), at the review held every six months pursuant to subdivision (d), the reviewing body shall inquire about the progress being made to provide a permanent home for the child, shall consider the safety of the child, and shall determine all of the following:
(1)The continuing necessity for, and appropriateness of, the placement. If the child is placed in a short-term residential therapeutic program on or after October 1, 2021, or a community treatment facility on or after July 1, 2022, the court shall consider the evidence and documentation submitted pursuant to subdivision (l) of Section 366.1 in making this determination.
(2)Identification of individuals other than the childs siblings who are important to a child who is 10 years of age or older and has been in out-of-home placement for six months or longer, and actions necessary to maintain the childs relationships with those individuals, provided that those relationships are in the best interest of the child. The social worker shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, as appropriate. The social worker shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(3)The continuing appropriateness and extent of compliance with the permanent plan for the child, including efforts to maintain relationships between a child who is 10 years of age or older and who has been in out-of-home placement for six months or longer and individuals who are important to the child and efforts to identify a prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment efforts and listing on an adoption exchange.
(4)The extent of the agencys compliance with the child welfare services case plan in making reasonable efforts either to return the child to the safe home of the parent or to complete whatever steps are necessary to finalize the permanent placement of the child. If the reviewing body determines that a second period of reunification services is in the childs best interests, and that there is a significant likelihood of the childs return to a safe home due to changed circumstances of the parent, pursuant to subdivision (f), the specific reunification services required to effect the childs return to a safe home shall be described.
(5)Whether there should be any limitation on the right of the parent or guardian to make educational decisions or developmental services decisions for the child. That limitation shall be specifically addressed in the court order and may not exceed what is necessary to protect the child. If the court specifically limits the right of the parent or guardian to make educational decisions or developmental services decisions for the child, the court shall at the same time appoint a responsible adult to make educational decisions or developmental services decisions for the child pursuant to Section 361.
(6)The adequacy of services provided to the child. The court shall consider the progress in providing the information and documents to the child, as described in Section 391. The court shall also consider the need for, and progress in providing, the assistance and services described in Section 391.
(7)The extent of progress the parents or legal guardians have made toward alleviating or mitigating the causes necessitating placement in foster care.
(8)The likely date by which the child may be returned to, and safely maintained in, the home, placed for adoption, legal guardianship, placed with a fit and willing relative, or, for an Indian child, in consultation with the childs tribe, placed for tribal customary adoption, or, if the child is 16 years of age or older, and no other permanent plan is appropriate at the time of the hearing, in another planned permanent living arrangement.
(9)(A)Whether the child has any siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(i)The nature of the relationship between the child and their siblings.
(ii)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002. At the first review conducted for a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, the court shall inquire into the status of the development of a voluntary postadoption sibling contact agreement pursuant to subdivision (e) of Section 16002.
(iii)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(iv)If the siblings are not placed together, all of the following:
(I)The frequency and nature of the visits between the siblings.
(II)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(III)If there are visits between the siblings, a description of the location and length of the visits.
(IV)Any plan to increase visitation between the siblings.
(v)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(B)The factors the court may consider as indicators of the nature of the childs sibling relationships include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(10)For a child who is 14 years of age or older and for a nonminor dependent, the services needed to assist the child or nonminor dependent to make the transition from foster care to successful adulthood.
(11)Whether or not reasonable efforts to make and finalize a permanent placement for the child have been made.
Each licensed foster family agency shall submit reports for each child in its care, custody, and control to the court concerning the continuing appropriateness and extent of compliance with the childs permanent plan, the extent of compliance with the case plan, and the type and adequacy of services provided to the child.
(f)Unless their parental rights have been permanently terminated, the parent or parents of the child are entitled to receive notice of, and participate in, those hearings. It shall be presumed that continued care is in the best interests of the child, unless the parent or parents prove, by a preponderance of the evidence, that further efforts at reunification are the best alternative for the child. In those cases, the court may order that further reunification services to return the child to a safe home environment be provided to the parent or parents up to a period of six months, and family maintenance services, as needed for an additional six months in order to return the child to a safe home environment. This subdivision shall not apply to the parents of a nonminor dependent.
(g)At the review conducted by the court and held at least every six months, regarding a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, or, for an Indian child for whom parental rights are not being terminated and a tribal customary adoption is being considered, the county welfare department shall prepare and present to the court a report describing the following:
(1)The childs present placement.
(2)The childs current physical, mental, emotional, and educational status.
(3)If the child has not been placed with a prospective adoptive parent or guardian, identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationships with those individuals, provided that those relationships are in the best interest of the child. The agency shall ask every child who is 10 years of age or older to identify any individuals who are important to the child, consistent with the childs best interest, and may ask any child who is younger than 10 years of age to provide that information as appropriate. The agency shall make efforts to identify other individuals who are important to the child.
(4)Whether the child has been placed with a prospective adoptive parent or parents.
(5)Whether an adoptive placement agreement has been signed and filed.
(6)If the child has not been placed with a prospective adoptive parent or parents, the efforts made to identify an appropriate prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment efforts and listing on an adoption exchange.
(7)If applicable, the status of the postadoptive sibling contact agreement pursuant to Section 366.29.
(8)The progress of the search for an adoptive placement if one has not been identified.
(9)Any impediments to the adoption or the adoptive placement.
(10)The anticipated date by which the child will be adopted or placed in an adoptive home.
(11)The anticipated date by which an adoptive placement agreement will be signed.
(12)Recommendations for court orders that will assist in the placement of the child for adoption or in the finalization of the adoption.
The court shall determine whether or not reasonable efforts to make and finalize a permanent placement for the child have been made.
The court shall make appropriate orders to protect the stability of the child and to facilitate and expedite the permanent placement and adoption of the child.
(h)(1)At the review held pursuant to subdivision (d) for a child in foster care, the court shall consider all permanency planning options for the child including whether the child should be returned to the home of the parent, placed for adoption, or, for an Indian child, in consultation with the childs tribe, placed for tribal customary adoption, or appointed a legal guardian, placed with a fit and willing relative, or, if compelling reasons exist for finding that none of the foregoing options are in the best interest of the child and the child is 16 years of age or older, whether the child should be placed in another planned permanent living arrangement. The court shall order that a hearing be held pursuant to Section 366.26, unless it determines by clear and convincing evidence that there is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interest of the child because the child is being returned to the home of the parent, the child is not a proper subject for adoption, or no one is willing to accept legal guardianship as of the hearing date. If the county adoption agency, or the department when it is acting as an adoption agency, has determined it is unlikely that the child will be adopted or one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, that fact shall constitute a compelling reason for purposes of this subdivision. Only upon that determination may the court order that the child remain in foster care, without holding a hearing pursuant to Section 366.26. The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. The nonminor dependents legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26.
(2)When the child is 16 years of age or older and in another planned permanent living arrangement, the court shall do all of the following:
(A)Ask the child about their desired permanency outcome.
(B)Make a judicial determination explaining why, as of the hearing date, another planned permanent living arrangement is the best permanency plan for the child.
(C)State for the record the compelling reason or reasons why it continues not to be in the best interest of the child to return home, be placed for adoption, be placed for tribal customary adoption in the case of an Indian child, be placed with a legal guardian, or be placed with a fit and willing relative.
(3)When the child is 16 years of age or older and is in another planned permanent living arrangement, the social study prepared for the hearing shall include a description of all of the following:
(A)The intensive and ongoing efforts to return the child to the home of the parent, place the child for adoption, or establish a legal guardianship, as appropriate.
(B)The steps taken to do both of the following:
(i)Ensure that the childs care provider is following the reasonable and prudent parent standard.
(ii)Determine whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consulting with the child about opportunities for the child to participate in those activities.
(4)When the child is under 16 years of age and has a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, the social study shall include a description of any barriers to achieving the permanent plan and the efforts made by the agency to address those barriers.
(i)If, as authorized by subdivision (h), the court orders a hearing pursuant to Section 366.26, the court shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment, as provided for in subdivision (i) of Section 366.21 or subdivision (b) of Section 366.22. A hearing held pursuant to Section 366.26 shall be held no later than 120 days from the date of the 12-month review at which it is ordered, and at that hearing the court shall determine whether adoption, tribal customary adoption, legal guardianship, placement with a fit and willing relative, or, for a child 16 years of age or older, another planned permanent living arrangement is the most appropriate plan for the child. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child and tribal customary adoption is recommended as the permanent plan. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement. At the request of the nonminor dependent who has an established relationship with an adult determined to be the nonminor dependents permanent connection, the court may order adoption of the nonminor dependent pursuant to subdivision (f) of Section 366.31.
(j)The reviews conducted pursuant to subdivision (a) or (d) may be conducted earlier than every six months if the court determines that an earlier review is in the best interests of the child or as court rules prescribe.
(k)On and after October 1, 2021, for reviews conducted pursuant to subdivision (a) or (d) for the child whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for reviews conducted pursuant to subdivision (a) or (d) for the child whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the report prepared for the review shall include evidence of all of the following:
(1)Ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate care setting in the least restrictive environment, and the placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the child.
(2)Documentation of the childs specific treatment or service needs that will be met in the placement and the length of time the child is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation.
(3)Documentation of the intensive and ongoing efforts made by the child welfare department, consistent with the childs permanency plan, to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a resource family home or tribally approved home, or in another appropriate family-based setting.
SEC. 6.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 childs 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 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 childs sibling relationship so that when a child has been removed from the childs home and the child has a sibling or siblings who remain in the custody of a parent subject to the courts 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 the social worker or probation officer 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. The physical capacity of the home shall not be the sole reason to deny placement of a sibling group if each child in the home has an age-appropriate place to sleep and there are no other safety risks.
(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 the childs 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, the person 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) when 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)(A)The county placing agency shall convene a meeting with the child, the sibling or siblings of the child, the prospective adoptive parent or parents, and a facilitator to discuss a postadoption sibling contact agreement pursuant to Section 8616.5 of the Family Code within 90 days after termination of parental rights and prior to finalization of the adoption. The facilitator shall ensure that all parties are aware of the benefits of postadoption contact between siblings, the spectrum of postadoption contact options, and the requirements under Section 9205 of the Family Code. The county placing agency may comply with the requirements of this paragraph by allowing a nonprofit organization authorized to provide permanency placement and postadoption mediation for adoptive and birth families to facilitate the meeting and develop the agreement. If a postadoption contact agreement is executed, the agreement shall be provided to all parties and to the court prior to the finalization of the adoption.
(B)Counsel to the child and counsel to the siblings who are dependents of the court shall be notified of, and may attend, the meeting described in this paragraph.
(C)This paragraph does not require attendance by a child, sibling, or other party at a meeting to execute a postadoption sibling contact agreement pursuant to Section 8616.5 of the Family Code if the child, sibling, or other party cannot be located or does not wish to attend the meeting. This paragraph shall not prohibit a county placing agency from convening a meeting if not all of the parties are secured to attend.
(D)Notwithstanding the requirements of subparagraph (A), the county placing agency shall not be required to convene a meeting if either of the following occur:
(i)The court, at the hearing to terminate parental rights, after considering the recommendation, if any, of the county placing agency, determines by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of the child.
(ii)A child being placed for adoption informs the court that they do not wish to enter into a postadoption sibling contact agreement.
(E)Compliance with, and enforceability of, an executed postadoption sibling contact agreement shall be subject to Section 366.29.
(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 person related to the identified child 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 (CWS/CMS) is implemented on a statewide basis.
SEC. 7.Section 1.5 of this bill incorporates amendments to Section 8616.5 of the Family Code proposed by both this bill and Assembly Bill 1650. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 8616.5 of the Family Code, and (3) this bill is enacted after Assembly Bill 1650, in which case Section 1 of this bill shall not become operative.
SEC. 8.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)The Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, after being adopted. Postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when contact is beneficial to the children and the agreements are voluntarily executed by birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and adoptive parents. Nothing in this section requires all of the listed parties to participate in the development of a postadoption contact agreement in order for the agreement to be executed.
(b)(1)Nothing in the adoption laws of this state shall be construed to prevent the adopting parent or parents, the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child from voluntarily executing a written agreement to permit continuing contact between the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child if the agreement is found by the court to have been executed voluntarily and to be in the best interests of the child at the time the adoption petition is granted.
(2)The terms of any postadoption contact agreement executed under this section shall be limited to, but need not include, all of the following:
(A)Provisions for visitation between the child and a birth parent or parents and other birth relatives, including siblings, and the childs Indian tribe if the case is governed by the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(B)Provisions for future contact between a birth parent or parents or other birth relatives, including siblings, or both, and the child or an adoptive parent, or both, and in cases governed by the Indian Child Welfare Act, the childs Indian tribe.
(C)Provisions for the sharing of information about the child in the future.
(3)The terms of any postadoption contact agreement with birth relatives, other than the childs birth parent or parents or siblings, shall be limited to the sharing of information about the child, unless the child has a preexisting relationship with the birth relative.
(c)At the time an adoption decree is entered pursuant to a petition filed pursuant to Section 8714, 8714.5, 8802, 8912, or 9000, the court entering the decree may grant postadoption privileges if an agreement for those privileges has been executed, including agreements executed pursuant to subdivision (f) of Section 8620. The hearing to grant the adoption petition and issue an order of adoption may be continued as necessary to permit parties who are in the process of negotiating a postadoption agreement to reach a final agreement.
(d)The child who is the subject of the adoption petition shall be considered a party to the postadoption contact agreement. The written consent to the terms and conditions of the postadoption contact agreement and any subsequent modifications of the agreement by a child who is 12 years of age or older is a necessary condition to the granting of privileges regarding visitation, contact, or sharing of information about the child, unless the court finds by a preponderance of the evidence that the agreement, as written, is in the best interests of the child. Any child who has been found to come within Section 300 of the Welfare and Institutions Code or who is the subject of a petition for jurisdiction of the juvenile court under Section 300 of the Welfare and Institutions Code shall be represented by an attorney for purposes of consent to the postadoption contact agreement.
(e)A postadoption contact agreement shall contain the following warnings in bold type:
(1)After the adoption petition has been granted by the court, the adoption cannot be set aside due to the failure of an adopting parent, a birth parent, a birth relative, including a sibling, an Indian tribe, or the child to follow the terms of this agreement or a later change to this agreement.
(2)A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.
(3)A court will not act on a petition to change or enforce this agreement unless the petitioner has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute.
(f)Upon the granting of the adoption petition and the issuing of the order of adoption of a child who is a dependent of the juvenile court, juvenile court dependency jurisdiction shall be terminated. Enforcement of the postadoption contact agreement shall be under the continuing jurisdiction of the court granting the petition of adoption. The court shall not order compliance with the agreement absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict, prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child. Documentary evidence or offers of proof may serve as the basis for the courts decision regarding enforcement. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(g)The court may not award monetary damages as a result of the filing of the civil action pursuant to subdivision (e).
(h)A postadoption contact agreement may be modified or terminated only if either of the following occurs:
(1)All parties, including the child if the child is 12 years of age or older at the time of the requested termination or modification, have signed a modified postadoption contact agreement and the agreement is filed with the court that granted the petition of adoption.
(2)The court finds all of the following:
(A)The termination or modification is necessary to serve the best interests of the child.
(B)There has been a substantial change of circumstances since the original agreement was executed and approved by the court.
(C)The party seeking the termination or modification has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings prior to seeking court approval of the proposed termination or modification.
Documentary evidence or offers of proof may serve as the basis for the courts decision. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(i)All costs and fees of mediation or other appropriate dispute resolution proceedings shall be borne by each party, excluding the child. All costs and fees of litigation shall be borne by the party filing the action to modify or enforce the agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing agreement shall bear all the costs and fees of litigation.
(j)The Judicial Council shall adopt rules of court and forms for motions to enforce, terminate, or modify postadoption contact agreements.
(k)The court shall not set aside a decree of adoption, rescind a relinquishment, or modify an order to terminate parental rights or any other prior court order because of the failure of a birth parent, adoptive parent, birth relative, including a sibling, an Indian tribe, or the child to comply with any or all of the original terms of, or subsequent modifications to, the postadoption contact agreement, except as follows:
(1)Prior to issuing the order of adoption, in an adoption involving an Indian child, the court may, upon a petition of the birth parent, birth relative, including a sibling, or an Indian tribe, order the parties to engage in family mediation services for the purpose of reaching a postadoption contact agreement if the prospective adoptive parent fails to negotiate in good faith to execute a postadoption contact agreement, after having agreed to enter into negotiations, provided that the failure of the parties to reach an agreement is not in and of itself proof of bad faith.
(2)Prior to issuing the order of adoption, if the parties fail to negotiate in good faith to execute a postadoption contact agreement during the negotiations entered into pursuant to, and in accordance with, paragraph (1), the court may modify prior orders or issue new orders as necessary to ensure the best interest of the Indian child is met, including, but not limited to, requiring parties to engage in further family mediation services for the purpose of reaching a postadoption contact agreement, initiating guardianship proceedings in lieu of adoption, or authorizing a change of adoptive placement for the child.
(l)As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.
SEC. 1.5.Section 8616.5 of the Family Code is amended to read:8616.5.(a)The Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, after being adopted. Postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when contact is beneficial to the children and the agreements are voluntarily executed by birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and adoptive parents. Nothing in this section requires all of the listed parties to participate in the development of a postadoption contact agreement in order for the agreement to be executed.
(b)(1)Nothing in the adoption laws of this state shall be construed to prevent the adopting parent or parents, the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child from voluntarily executing a written agreement to permit continuing contact between the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child if the agreement is found by the court to have been executed voluntarily and to be in the best interests of the child at the time the adoption petition is granted.
(2)The terms of any postadoption contact agreement executed under this section shall be limited to, but need not include, all of the following:
(A)Provisions for visitation between the child and a birth parent or parents and other birth relatives, including siblings, and the childs Indian tribe if the case is governed by the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(B)Provisions for future contact between a birth parent or parents or other birth relatives, including siblings, or both, and the child or an adoptive parent, or both, and in cases governed by the Indian Child Welfare Act, the childs Indian tribe.
(C)Provisions for the sharing of information about the child in the future.
(3)The terms of any postadoption contact agreement with birth relatives, including siblings, other than the childs birth parent or parents or siblings, shall be limited to the sharing of information about the child, unless the child has a preexisting relationship with the birth relative.
(c)At the time an adoption decree is entered pursuant to a petition filed pursuant to Section 8714, 8714.5, 8802, 8912, or 9000, the court entering the decree may grant postadoption privileges if an agreement for those privileges has been executed, including agreements executed pursuant to subdivision (f) of Section 8620. The hearing to grant the adoption petition and issue an order of adoption may be continued as necessary to permit parties who are in the process of negotiating a postadoption agreement to reach a final agreement.
(d)The child who is the subject of the adoption petition shall be considered a party to the postadoption contact agreement. The written consent to the terms and conditions of the postadoption contact agreement and any subsequent modifications of the agreement by a child who is 12 years of age or older is a necessary condition to the granting of privileges regarding visitation, contact, or sharing of information about the child, unless the court finds by a preponderance of the evidence that the agreement, as written, is in the best interests of the child. Any child who has been found to come within Section 300 of the Welfare and Institutions Code or who is the subject of a petition for jurisdiction of the juvenile court under Section 300 of the Welfare and Institutions Code shall be represented by an attorney for purposes of consent to the postadoption contact agreement.
(e)A postadoption contact agreement shall contain the following warnings in bold type:
(1)After the adoption petition has been granted by the court, the adoption cannot be set aside due to the failure of an adopting parent, a birth parent, a birth relative, including a sibling, an Indian tribe, or the child to follow the terms of this agreement or a later change to this agreement.
(2)A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.
(3)A court will not act on a petition to change or enforce this agreement unless the petitioner has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute.
(f)Upon the granting of the adoption petition and the issuing of the order of adoption of a child who is a dependent of the juvenile court, juvenile court dependency jurisdiction shall be terminated. Enforcement of the postadoption contact agreement shall be under the continuing jurisdiction of the court granting the petition of adoption. The court may shall not order compliance with the agreement absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict, prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child. Documentary evidence or offers of proof may serve as the basis for the courts decision regarding enforcement. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(g)The court may not award monetary damages as a result of the filing of the civil action pursuant to subdivision (e).
(h)A postadoption contact agreement may be modified or terminated only if either of the following occurs:
(1)All parties, including the child if the child is 12 years of age or older at the time of the requested termination or modification, have signed a modified postadoption contact agreement and the agreement is filed with the court that granted the petition of adoption.
(2)The court finds all of the following:
(A)The termination or modification is necessary to serve the best interests of the child.
(B)There has been a substantial change of circumstances since the original agreement was executed and approved by the court.
(C)The party seeking the termination or modification has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings prior to seeking court approval of the proposed termination or modification.
Documentary evidence or offers of proof may serve as the basis for the courts decision. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(i)All costs and fees of mediation or other appropriate dispute resolution proceedings shall be borne by each party, excluding the child. All costs and fees of litigation shall be borne by the party filing the action to modify or enforce the agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing agreement shall bear all the costs and fees of litigation.
(j)The Judicial Council shall adopt rules of court and forms for motions to enforce, terminate, or modify postadoption contact agreements.
(k)The court shall not set aside a decree of adoption, rescind a relinquishment, or modify an order to terminate parental rights or any other prior court order because of the failure of a birth parent, adoptive parent, birth relative, including a sibling, an Indian tribe, or the child to comply with any or all of the original terms of, or subsequent modifications to, the postadoption contact agreement, except as follows:
(1)Prior to issuing the order of adoption, in an adoption involving an Indian child, the court may, upon a petition of the birth parent, birth relative, including a sibling, or an Indian tribe, order the parties to engage in family mediation services for the purpose of reaching a postadoption contact agreement if the prospective adoptive parent fails to negotiate in good faith to execute a postadoption contact agreement, after having agreed to enter into negotiations, provided that the failure of the parties to reach an agreement is not in and of itself proof of bad faith.
(2)Prior to issuing the order of adoption, if the parties fail to negotiate in good faith to execute a postadoption contact agreement during the negotiations entered into pursuant to, and in accordance with, paragraph (1), the court may modify prior orders or issue new orders as necessary to ensure the best interest of the Indian child is met, including, but not limited to, requiring parties to engage in further family mediation services for the purpose of reaching a postadoption contact agreement, initiating guardianship proceeding proceedings in lieu of adoption, or authorizing a change of adoptive placement for the child.
(l)As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.
(m)(1)In every adoption, each petitioner shall inform the court in writing, on ADOPT-200, whether that petitioner has entered, or has agreed to enter into a postadoption contact agreement with any person or persons.
(2)(A)If a postadoption contact agreement has been entered into, the terms of the agreement shall be set forth on or attached to ADOPT-310 and that form shall be signed by all adult parties to the agreement, and if applicable pursuant to subdivision (d), by the child who is the subject of the adoption.
(B)Prior to finalization of the adoption, the petitioner shall file this form and any attachments with the court. The petitioner shall provide a file-marked copy of the form to all signatories to the agreement, and to any licensed adoption agency that placed the child for adoption or consented to the adoption, within 30 days of the petitioners receipt of the file-marked copy.
SEC. 2.Section 294 of the Welfare and Institutions Code is amended to read:294.The social worker or probation officer shall give notice of a selection and implementation hearing held pursuant to Section 366.26 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The fathers, presumed and alleged.
(3)The Indian custodian, if it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1.
(4)The child, if the child is 10 years of age or older.
(5)The childs tribe, if known, and any tribe in which the child may be a member or eligible for membership if the specific tribe is not known, and it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1.
(6)Any known sibling of the child who is the subject of the hearing if that sibling is the subject of a dependency proceeding, has been adjudged to be a dependent child of the juvenile court, or is a nonminor dependent. If the sibling is 10 years of age or older, the sibling, the siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.
(7)The grandparents of the child, if their address is known and if the parents whereabouts are unknown.
(8)All counsel of record.
(9)To any unknown parent by publication, if ordered by the court pursuant to paragraph (2) of subdivision (g).
(10)The current caregiver of the child, including foster parents, relative caregivers, preadoptive parents, nonrelative extended family members, or resource family. Any person notified may attend all hearings and may submit any information the person deems relevant to the court in writing.
(11)The childs Court-Appointed Special Advocate, if one has been appointed.
(b)The following persons shall not be notified of the hearing:
(1)A parent who has relinquished the child to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoption, and the relinquishment has been accepted and filed with notice as required under Section 8700 of the Family Code.
(2)An alleged father who has denied paternity and has executed a waiver of the right to notice of further proceedings.
(3)A parent whose parental rights have been terminated.
(c)(1)Service of the notice shall be completed at least 45 days before the hearing date. Service is deemed complete at the time the notice is personally delivered to the person named in the notice or 10 days after the notice has been placed in the mail or sent by electronic mail, or at the expiration of the time prescribed by the order for publication.
(2)Service of notice in cases where publication is ordered shall be completed at least 30 days before the date of the hearing.
(d)Regardless of the type of notice required, or the manner in which it is served, once the court has made the initial finding that notice has properly been given to the parent, or to any person entitled to receive notice pursuant to this section, subsequent notice for any continuation of a Section 366.26 hearing may be by first-class mail to any last known address, by an order made pursuant to Section 296, by electronic service pursuant to Section 212.5, or by any other means that the court determines is reasonably calculated, under any circumstance, to provide notice of the continued hearing. However, if the recommendation changes from the recommendation contained in the notice previously found to be proper, notice shall be provided to the parent, and to any person entitled to receive notice pursuant to this section, regarding that subsequent hearing.
(e)The notice shall contain the following information:
(1)The date, time, and place of the hearing.
(2)The right to appear.
(3)The parents right to counsel.
(4)The nature of the proceedings.
(5)The recommendation of the supervising agency.
(6)A statement that, at the time of hearing, the court is required to select a permanent plan of adoption, legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, for the child.
(f)Notice to the parents may be given in any one of the following manners:
(1)If the parent is present at the hearing at which the court schedules a hearing pursuant to Section 366.26, the court shall advise the parent of the date, time, and place of the proceedings, their right to counsel, the nature of the proceedings, and the requirement that at the proceedings the court shall select and implement a plan of adoption, legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter only by first-class mail to the parents usual place of residence or business, or by electronic service pursuant to Section 212.5.
(2)Certified mail, return receipt requested, to the parents last known mailing address. This notice shall be sufficient if the child welfare agency receives a return receipt signed by the parent.
(3)Personal service to the parent named in the notice.
(4)Delivery to a competent person who is at least 18 years of age at the parents usual place of residence or business, and thereafter served on the parent named in the notice by first-class mail at the place where the notice was delivered or by electronic service pursuant to Section 212.5.
(5)If the residence of the parent is outside the state, service may be made as described in paragraph (1), (3), or (4) or by certified mail, return receipt requested.
(6)If the recommendation of the probation officer or social worker is legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, service may be made by first-class mail to the parents usual place of residence or business or by electronic service pursuant to Section 212.5. In the case of an Indian child, if the recommendation of the probation officer or social worker is tribal customary adoption, service may be made by first-class mail to the parents usual place of residence or business.
(7)If a parents identity is known but their whereabouts are unknown and the parent cannot, with reasonable diligence, be served in any manner specified in paragraphs (1) to (6), inclusive, the petitioner shall file an affidavit with the court at least 75 days before the hearing date, stating the name of the parent and describing the efforts made to locate and serve the parent.
(A)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends adoption, service shall be to that parents attorney of record, if any, by certified mail, return receipt requested. If the parent does not have an attorney of record, the court shall order that service be made by publication of citation requiring the parent to appear at the date, time, and place stated in the citation, and that the citation be published in a newspaper designated as most likely to give notice to the parent. Publication shall be made once a week for four consecutive weeks. Whether notice is to the attorney of record or by publication, the court shall also order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail or by electronic service pursuant to Section 212.5.
(B)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, no further notice is required to the parent, but the court shall order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail or by electronic service pursuant to Section 212.5.
(C)In any case where the residence of the parent becomes known, notice shall immediately be served upon the parent as provided for in either paragraph (2), (3), (4), (5), or (6).
(g)(1)If the identity of one or both of the parents, or alleged parents, of the child is unknown, or if the name of one or both parents is uncertain, then that fact shall be set forth in the affidavit filed with the court at least 75 days before the hearing date and the court, consistent with Sections 7665 and 7666 of the Family Code, shall issue an order dispensing with notice to a natural parent or possible natural parent under this section if, after inquiry and a determination that there has been due diligence in attempting to identify the unknown parent, the court is unable to identify the natural parent or possible natural parent and no person has appeared claiming to be the natural parent.
(2)After a determination that there has been due diligence in attempting to identify an unknown parent pursuant to paragraph (1) and the probation officer or social worker recommends adoption, the court shall consider whether publication notice would be likely to lead to actual notice to the unknown parent. The court may order publication notice if, on the basis of all information before the court, the court determines that notice by publication is likely to lead to actual notice to the parent. If publication notice to an unknown parent is ordered, the court shall order the published citation to be directed to either the father or mother, or both, of the child, and to all persons claiming to be the father or mother of the child, naming and otherwise describing the child. An order of publication pursuant to this paragraph shall be based on an affidavit describing efforts made to identify the unknown parent or parents. Service made by publication pursuant to this paragraph shall require the unknown parent or parents to appear at the date, time, and place stated in the citation. Publication shall be made once a week for four consecutive weeks.
(3)If the court determines that there has been due diligence in attempting to identify one or both of the parents, or alleged parents, of the child and the probation officer or social worker recommends legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, no further notice to the parent shall be required.
(h)Notice to all counsel of record shall be by first-class mail or by electronic service pursuant to Section 212.5.
(i)If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, notice shall be given in accordance with Section 224.3.
(j)Notwithstanding subdivision (a), if the attorney of record is present at the time the court schedules a hearing pursuant to Section 366.26, no further notice is required, except as required by subparagraph (A) of paragraph (7) of subdivision (f).
(k)This section shall also apply to children adjudged wards pursuant to Section 727.31.
(l)The court shall state the reasons on the record explaining why good cause exists for granting any continuance of a hearing held pursuant to Section 366.26 to fulfill the requirements of this section.
(m)Notice of any hearing at which the county welfare department is recommending the termination of parental rights may only be served electronically if notice is also given by another means of service provided for in this section.
SEC. 3.Section 366.26 of the Welfare and Institutions Code is amended to read:366.26.(a)This section applies to children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360. The procedures specified in this section are the exclusive procedures for conducting these hearings. The procedures in Part 2 (commencing with Section 3020) of Division 8 of the Family Code are not applicable to these proceedings. Section 8616.5 of the Family Code is applicable and available to all dependent children meeting the requirements of that section, if the postadoption contact agreement has been entered into voluntarily. For children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360, this section, and Sections 8604, 8605, 8606, and 8700 of the Family Code and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 of the Family Code specify the exclusive procedures for permanently terminating parental rights with regard to, or establishing legal guardianship of, the child while the child is a dependent child of the juvenile court.
(b)At the hearing, which shall be held in juvenile court for all children who are dependents of the juvenile court, the court, in order to provide stable, permanent homes for these children, shall review the report as specified in Section 361.5, 366.21, 366.22, or 366.25, shall indicate that the court has read and considered it, shall receive other evidence that the parties may present, and then shall make findings and orders in the following order of preference:
(1)Terminate the rights of the parent or parents and order that the child be placed for adoption and, upon the filing of a petition for adoption in the juvenile court, order that a hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted.
(2)Order, without termination of parental rights, the plan of tribal customary adoption, as described in Section 366.24, through tribal custom, traditions, or law of the Indian childs tribe, and upon the court affording the tribal customary adoption order full faith and credit at the continued selection and implementation hearing, order that a hearing be set pursuant to paragraph (2) of subdivision (e).
(3)Appoint a relative or relatives with whom the child is currently residing as legal guardian or guardians for the child, and order that letters of guardianship issue.
(4)On making a finding under paragraph (3) of subdivision (c), identify adoption or tribal customary adoption as the permanent placement goal and order that efforts be made to locate an appropriate adoptive family for the child within a period not to exceed 180 days.
(5)Appoint a nonrelative legal guardian for the child and order that letters of guardianship issue.
(6)Order that the child be permanently placed with a fit and willing relative, subject to the periodic review of the juvenile court under Section 366.3.
(7)Order that the child remain in foster care, subject to the conditions described in paragraph (4) of subdivision (c) and the periodic review of the juvenile court under Section 366.3.
In choosing among the alternatives in this subdivision, the court shall proceed pursuant to subdivision (c).
(c)(1)If the court determines, based on the assessment provided as ordered under subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, or subdivision (b) of Section 366.25, and any other relevant evidence, by a clear and convincing standard, that it is likely the child will be adopted, the court shall terminate parental rights and order the child placed for adoption. The fact that the child is not yet placed in a preadoptive home nor with a relative or foster family who is prepared to adopt the child, shall not constitute a basis for the court to conclude that it is not likely the child will be adopted. A finding under subdivision (b) or paragraph (1) of subdivision (e) of Section 361.5 that reunification services shall not be offered, under subdivision (e) of Section 366.21 that the whereabouts of a parent have been unknown for six months or that the parent has failed to visit or contact the child for six months, or that the parent has been convicted of a felony indicating parental unfitness, or, under Section 366.21 or 366.22, that the court has continued to remove the child from the custody of the parent or guardian and has terminated reunification services, shall constitute a sufficient basis for termination of parental rights. Under these circumstances, the court shall terminate parental rights unless either of the following applies:
(A)The child is living with a relative who is unable or unwilling to adopt the child because of circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment through legal guardianship, and the removal of the child from the custody of their relative would be detrimental to the emotional well-being of the child. For purposes of an Indian child, relative shall include an extended family member, as defined in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1903(2)).
(B)The court finds a compelling reason for determining that termination would be detrimental to the child due to one or more of the following circumstances:
(i)The parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship.
(ii)A child 12 years of age or older objects to termination of parental rights.
(iii)The child is placed in a residential treatment facility, adoption is unlikely or undesirable, and continuation of parental rights will not prevent finding the child a permanent family placement if the parents cannot resume custody when residential care is no longer needed.
(iv)The child is living with a foster parent or Indian custodian who is unable or unwilling to adopt the child because of exceptional circumstances, that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment and the removal of the child from the physical custody of their foster parent or Indian custodian would be detrimental to the emotional well-being of the child. This clause does not apply to any child who is either (I) under six years of age or (II) a member of a sibling group where at least one child is under six years of age and the siblings are, or should be, permanently placed together.
(v)There would be substantial interference with a childs sibling relationship, taking into consideration the nature and extent of the relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shared significant common experiences or has existing close and strong bonds with a sibling, and whether ongoing contact is in the childs best interest, including the childs long-term emotional interest, as compared to the benefit of legal permanence through adoption.
(vi)The child is an Indian child and there is a compelling reason for determining that termination of parental rights would not be in the best interest of the child, including, but not limited to:
(I)Termination of parental rights would substantially interfere with the childs connection to their tribal community or the childs tribal membership rights.
(II)The childs tribe has identified guardianship, foster care with a fit and willing relative, tribal customary adoption, or another planned permanent living arrangement for the child.
(III)The child is a nonminor dependent, and the nonminor and the nonminors tribe have identified tribal customary adoption for the nonminor.
(C)For purposes of subparagraph (B), in the case of tribal customary adoptions, Section 366.24 shall apply.
(D)If the court finds that termination of parental rights would be detrimental to the child pursuant to clause (i), (ii), (iii), (iv), (v), or (vi), it shall state its reasons in writing or on the record.
(2)The court shall not terminate parental rights if:
(A)At each hearing at which the court was required to consider reasonable efforts or services, the court has found that reasonable efforts were not made or that reasonable services were not offered or provided.
(B)In the case of an Indian child:
(i)At the hearing terminating parental rights, the court has found that active efforts were not made as required in Section 361.7.
(ii)The court does not make a determination at the hearing terminating parental rights, supported by evidence beyond a reasonable doubt, including testimony of one or more qualified expert witnesses as defined in Section 224.6, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
(iii)The court has ordered tribal customary adoption pursuant to Section 366.24.
(3)If the court finds that termination of parental rights would not be detrimental to the child pursuant to paragraph (1) and that the child has a probability for adoption but is difficult to place for adoption and there is no identified or available prospective adoptive parent, the court may identify adoption as the permanent placement goal and, without terminating parental rights, order that efforts be made to locate an appropriate adoptive family for the child, within the state or out of the state, within a period not to exceed 180 days. During this 180-day period, the public agency responsible for seeking adoptive parents for each child shall, to the extent possible, ask each child who is 10 years of age or older to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential adoptive parents. The public agency may ask any other child to provide that information, as appropriate. During the 180-day period, the public agency shall, to the extent possible, contact other private and public adoption agencies regarding the availability of the child for adoption. During the 180-day period, the public agency shall conduct the search for adoptive parents in the same manner as prescribed for children in Sections 8708 and 8709 of the Family Code. At the expiration of this period, another hearing shall be held and the court shall proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision (b). For purposes of this section, a child may only be found to be difficult to place for adoption if there is no identified or available prospective adoptive parent for the child because of the childs membership in a sibling group, or the presence of a diagnosed medical, physical, or mental handicap, or the child is seven years of age or older.
(4)(A)If the court finds that adoption of the child or termination of parental rights is not in the best interest of the child, because one of the conditions in clause (i), (ii), (iii), (iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in paragraph (2) applies, the court shall order that the present caretakers or other appropriate persons shall become legal guardians of the child, or, in the case of an Indian child, consider a tribal customary adoption pursuant to Section 366.24. Legal guardianship shall be considered before continuing the child in foster care under any other permanent plan, if it is in the best interests of the child and if a suitable guardian can be found. If the child continues in foster care, the court shall make factual findings identifying any barriers to achieving adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative as of the date of the hearing. A child who is 10 years of age or older, shall be asked to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential guardians or, in the case of an Indian child, prospective tribal customary adoptive parents. The agency may ask any other child to provide that information, as appropriate.
(B)(i)If the child is living with an approved relative who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order a permanent plan of placement with a fit and willing relative, and the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the relative caretaker.
(ii)If the child is living with a nonrelative caregiver who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. Regardless of the age of the child, the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the caregiver.
(iii)If the child is living in a group home or, on or after January 1, 2017, a short-term residential therapeutic program, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(C)The court shall also make an order for visitation with the parents or guardians unless the court finds by a preponderance of the evidence that the visitation would be detrimental to the physical or emotional well-being of the child.
(5)If the court finds that the child should not be placed for adoption, that legal guardianship shall not be established, that placement with a fit and willing relative is not appropriate as of the hearing date, and that there are no suitable foster parents except certified family homes or resource families of a foster family agency available to provide the child with a stable and permanent environment, the court may order the care, custody, and control of the child transferred from the county welfare department to a licensed foster family agency. The court shall consider the written recommendation of the county welfare director regarding the suitability of the transfer. The transfer shall be subject to further court orders.
The licensed foster family agency shall place the child in a suitable licensed or certified family home that has been certified by the agency as meeting licensing standards or with a resource family approved by the agency. The licensed foster family agency shall be responsible for supporting the child and providing appropriate services to the child, including those services ordered by the court. Responsibility for the support of the child shall not, in and of itself, create liability on the part of the foster family agency to third persons injured by the child. Those children whose care, custody, and control are transferred to a foster family agency shall not be eligible for foster care maintenance payments or child welfare services, except for emergency response services pursuant to Section 16504.
(d)The proceeding for the appointment of a guardian for a child who is a dependent of the juvenile court shall be conducted in the juvenile court. If the court finds pursuant to this section that legal guardianship is the appropriate permanent plan, it shall appoint the legal guardian and issue letters of guardianship. The assessment prepared pursuant to subdivision (g) of Section 361.5, subdivision (i) of Section 366.21, subdivision (c) of Section 366.22, and subdivision (b) of Section 366.25 shall be read and considered by the court prior to the appointment, and this shall be reflected in the minutes of the court. The assessment may also include the naming of a prospective successor guardian, if one is identified. In the event of the incapacity or death of the appointed guardian, the named successor guardian may be assessed and appointed pursuant to this section. The person preparing the assessment may be called and examined by any party to the proceeding.
(e)(1)The proceeding for the adoption of a child who is a dependent of the juvenile court shall be conducted in the juvenile court if the court finds pursuant to this section that adoption is the appropriate permanent plan and the petition for adoption is filed in the juvenile court. Upon the filing of a petition for adoption, the juvenile court shall order that an adoption hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted. The full report required by Section 8715 of the Family Code shall be read and considered by the court prior to the adoption and this shall be reflected in the minutes of the court. The person preparing the report may be called and examined by any party to the proceeding. It is the intent of the Legislature, pursuant to this subdivision, to give potential adoptive parents the option of filing in the juvenile court the petition for the adoption of a child who is a dependent of the juvenile court. Nothing in this section is intended to prevent the filing of a petition for adoption in any other court as permitted by law, instead of in the juvenile court.
(2)In the case of an Indian child, if the Indian childs tribe has elected a permanent plan of tribal customary adoption, the court, upon receiving the tribal customary adoption order will afford the tribal customary adoption order full faith and credit to the same extent that the court would afford full faith and credit to the public acts, records, judicial proceedings, and judgments of any other entity. Upon a determination that the tribal customary adoption order may be afforded full faith and credit, consistent with Section 224.5, the court shall thereafter order a hearing to finalize the adoption be set upon the filing of the adoption petition. The prospective tribal customary adoptive parents and the child who is the subject of the tribal customary adoption petition shall appear before the court for the finalization hearing. The court shall thereafter issue an order of adoption pursuant to Section 366.24.
(3)(A)If a child who is the subject of a finalized tribal customary adoption shows evidence of a developmental disability or mental illness as a result of conditions existing before the tribal customary adoption to the extent that the child cannot be relinquished to a licensed adoption agency on the grounds that a plan of adoption is not currently suitable, and of which condition the tribal customary adoptive parent or parents had no knowledge or notice before the entry of the tribal customary adoption order, a petition setting forth those facts may be filed by the tribal customary adoptive parent or parents with the juvenile court that granted the tribal customary adoption petition. If these facts are proved to the satisfaction of the juvenile court, it may make an order setting aside the tribal customary adoption order. The set-aside petition shall be filed within five years of the issuance of the tribal customary adoption order. The court clerk shall immediately notify the childs tribe and the department in Sacramento of the petition within 60 days after the notice of filing of the petition. The department shall file a full report with the court and shall appear before the court for the purpose of representing the child. Whenever a final decree of tribal customary adoption has been vacated or set aside, the child shall be returned to the custody of the county in which the proceeding for tribal customary adoption was finalized. The biological parent or parents of the child may petition for return of custody. The disposition of the child after the court has entered an order to set aside a tribal customary adoption shall include consultation with the childs tribe.
(B)Notwithstanding any other law, an adoption case file, including a juvenile case file, as defined in subdivision (e) of Section 827, may be inspected and copied by the department for the purpose of completing the duties pursuant to this paragraph.
(f)At the beginning of any proceeding pursuant to this section, if the child or the parents are not being represented by previously retained or appointed counsel, the court shall proceed as follows:
(1)In accordance with subdivision (c) of Section 317, if a child before the court is without counsel, the court shall appoint counsel unless the court finds that the child would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless this representation is knowingly and intelligently waived. The same counsel shall not be appointed to represent both the child and their parent. The public defender or private counsel may be appointed as counsel for the parent.
(3)Private counsel appointed under this section shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. The amount shall be paid by the real parties in interest, other than the child, in any proportions the court deems just. However, if the court finds that any of the real parties in interest are unable to afford counsel, the amount shall be paid out of the general fund of the county.
(g)The court may continue the proceeding for a period of time not to exceed 30 days as necessary to appoint counsel, and to enable counsel to become acquainted with the case.
(h)(1)At all proceedings under this section, the court shall consider the wishes of the child and shall act in the best interests of the child.
(2)In accordance with Section 349, the child shall be present in court if the child or the childs counsel so requests or the court so orders. If the child is 10 years of age or older and is not present at a hearing held pursuant to this section, the court shall determine whether the minor was properly notified of their right to attend the hearing and inquire as to the reason why the child is not present.
(3)(A)The testimony of the child may be taken in chambers and outside the presence of the childs parent or parents, if the childs parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist:
(i)The court determines that testimony in chambers is necessary to ensure truthful testimony.
(ii)The child is likely to be intimidated by a formal courtroom setting.
(iii)The child is afraid to testify in front of their parent or parents.
(B)After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents.
(C)The testimony of a child also may be taken in chambers and outside the presence of the guardian or guardians of a child under the circumstances specified in this subdivision.
(i)(1)Any order of the court permanently terminating parental rights under this section shall be conclusive and binding upon the child, upon the parent or parents, and upon all other persons who have been served with citation by publication or otherwise as provided in this chapter. Except as provided in Section 366.30, after making the order, the juvenile court shall have no power to set aside, change, or modify it, except as provided in paragraph (2), but nothing in this section shall be construed to limit the right to appeal the order.
(2)A tribal customary adoption order evidencing that the Indian child has been the subject of a tribal customary adoption shall be afforded full faith and credit and shall have the same force and effect as an order of adoption authorized by this section. The rights and obligations of the parties as to the matters determined by the Indian childs tribe shall be binding on all parties. A court shall not order compliance with the order absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith, in family mediation services of the court or dispute resolution through the tribe regarding the conflict, prior to the filing of the enforcement action.
(j)If the court, by order or judgment, declares the child free from the custody and control of both parents, or one parent if the other does not have custody and control, or declares the child eligible for tribal customary adoption, the court shall at the same time order the child referred to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoptive placement by the agency. However, except in the case of a tribal customary adoption where there is no termination of parental rights, a petition for adoption may not be granted until the appellate rights of the natural parents have been exhausted. The State Department of Social Services, county adoption agency, or licensed adoption agency shall be responsible for the custody and supervision of the child and shall be entitled to the exclusive care and control of the child at all times until a petition for adoption or tribal customary adoption is granted, except as specified in subdivision (n). With the consent of the agency, the court may appoint a guardian of the child, who shall serve until the child is adopted.
(k)(1)Notwithstanding any other law, the application of any person who, as a relative caretaker or foster parent, has cared for a dependent child for whom the court has approved a permanent plan for adoption, or who has been freed for adoption, shall be given preference with respect to that child over all other applications for adoptive placement if the agency making the placement determines that the child has substantial emotional ties to the relative caretaker or foster parent and removal from the relative caretaker or foster parent would be seriously detrimental to the childs emotional well-being.
(2)As used in this subdivision, preference means that the application shall be processed and, if satisfactory, the family study shall be completed before the processing of the application of any other person for the adoptive placement of the child.
(l)(1)An order by the court that a hearing pursuant to this section be held is not appealable at any time unless all of the following apply:
(A)A petition for extraordinary writ review was filed in a timely manner.
(B)The petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record.
(C)The petition for extraordinary writ review was summarily denied or otherwise not decided on the merits.
(2)Failure to file a petition for extraordinary writ review within the period specified by rule, to substantively address the specific issues challenged, or to support that challenge by an adequate record shall preclude subsequent review by appeal of the findings and orders made pursuant to this section.
(3)The Judicial Council shall adopt rules of court, effective January 1, 1995, to ensure all of the following:
(A)A trial court, after issuance of an order directing a hearing pursuant to this section be held, shall advise all parties of the requirement of filing a petition for extraordinary writ review as set forth in this subdivision in order to preserve any right to appeal in these issues.
(i)If a party is present at the time of the making of the order, the notice shall be made orally to the party.
(ii)If the party is not present at the time of making the order, the notice shall be made by the clerk of the court by first-class mail to the last known address of a party or by electronic service pursuant to Section 212.5. If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served pursuant to Section 212.5, but only in addition to service of the notice by first-class mail.
(B)The prompt transmittal of the records from the trial court to the appellate court.
(C)That adequate time requirements for counsel and court personnel exist to implement the objective of this subdivision.
(D)That the parent or guardian, or their trial counsel or other counsel, is charged with the responsibility of filing a petition for extraordinary writ relief pursuant to this subdivision.
(4)The intent of this subdivision is to do both of the following:
(A)Make every reasonable attempt to achieve a substantive and meritorious review by the appellate court within the time specified in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant to this section.
(B)Encourage the appellate court to determine all writ petitions filed pursuant to this subdivision on their merits.
(5)This subdivision shall only apply to cases in which an order to set a hearing pursuant to this section is issued on or after January 1, 1995.
(m)Except for subdivision (j), this section shall also apply to minors adjudged wards pursuant to Section 727.31.
(n)(1)Notwithstanding Section 8704 of the Family Code or any other law, the court, at a hearing held pursuant to this section or anytime thereafter, may designate a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least one step to facilitate the adoption process. In determining whether to make that designation, the court may take into consideration whether the caretaker is listed in the preliminary assessment prepared by the county department in accordance with subdivision (i) of Section 366.21 as an appropriate person to be considered as an adoptive parent for the child and the recommendation of the State Department of Social Services, county adoption agency, or licensed adoption agency.
(2)For purposes of this subdivision, steps to facilitate the adoption process include, but are not limited to, the following:
(A)Applying for an adoption homestudy.
(B)Cooperating with an adoption homestudy.
(C)Being designated by the court or the adoption agency as the adoptive family.
(D)Requesting de facto parent status.
(E)Signing an adoptive placement agreement.
(F)Engaging in discussions regarding a postadoption contact agreement.
(G)Working to overcome any impediments that have been identified by the State Department of Social Services, county adoption agency, or licensed adoption agency.
(H)Attending classes required of prospective adoptive parents.
(3)Prior to a change in placement and as soon as possible after a decision is made to remove a child from the home of a designated prospective adoptive parent, the agency shall notify the court, the designated prospective adoptive parent, or the current caretaker, if that caretaker would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of this notice, the childs attorney, the child, if the child is 10 years of age or older, and, where it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, the childs tribe, of the proposal in the manner described in Section 16010.6.
(A)Within five court days or seven calendar days, whichever is longer, of the date of notification, the child, the childs attorney, the childs tribe, or the designated prospective adoptive parent may file a petition with the court objecting to the proposal to remove the child, or the court, upon its own motion, may set a hearing regarding the proposal. The court may, for good cause, extend the filing period. A caretaker who would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of the notice of proposed removal of the child may file, together with the petition under this subparagraph, a petition for an order designating the caretaker as a prospective adoptive parent for purposes of this subdivision.
(B)A hearing ordered pursuant to this paragraph shall be held as soon as possible and not later than five court days after the petition is filed with the court or the court sets a hearing upon its own motion, unless the court for good cause is unable to set the matter for hearing five court days after the petition is filed, in which case the court shall set the matter for hearing as soon as possible. At the hearing, the court shall determine whether the caretaker has met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1), and whether the proposed removal of the child from the home of the designated prospective adoptive parent is in the childs best interest, and the child may not be removed from the home of the designated prospective adoptive parent unless the court finds that removal is in the childs best interest. If the court determines that the caretaker did not meet the threshold criteria to be designated as a prospective adoptive parent on the date of service of the notice of proposed removal of the child, the petition objecting to the proposed removal filed by the caretaker shall be dismissed. If the caretaker was designated as a prospective adoptive parent prior to this hearing, the court shall inquire into any progress made by the caretaker towards the adoption of the child since the caretaker was designated as a prospective adoptive parent.
(C)A determination by the court that the caretaker is a designated prospective adoptive parent pursuant to paragraph (1) or subparagraph (B) does not make the caretaker a party to the dependency proceeding nor does it confer on the caretaker any standing to object to any other action of the department, county adoption agency, or licensed adoption agency, unless the caretaker has been declared a de facto parent by the court prior to the notice of removal served pursuant to paragraph (3).
(D)If a petition objecting to the proposal to remove the child is not filed, and the court, upon its own motion, does not set a hearing, the child may be removed from the home of the designated prospective adoptive parent without a hearing.
(4)Notwithstanding paragraph (3), if the State Department of Social Services, county adoption agency, or licensed adoption agency determines that the child must be removed from the home of the caretaker who is or may be a designated prospective adoptive parent immediately, due to a risk of physical or emotional harm, the agency may remove the child from that home and is not required to provide notice prior to the removal. However, as soon as possible and not longer than two court days after the removal, the agency shall notify the court, the caretaker who is or may be a designated prospective adoptive parent, the childs attorney, and the child, if the child is 10 years of age or older, of the removal. Within five court days or seven calendar days, whichever is longer, of the date of notification of the removal, the child, the childs attorney, or the caretaker who is or may be a designated prospective adoptive parent may petition for, or the court on its own motion may set, a noticed hearing pursuant to paragraph (3). The court may, for good cause, extend the filing period.
(5)Except as provided in subdivision (b) of Section 366.28, an order by the court issued after a hearing pursuant to this subdivision shall not be appealable.
(6)Nothing in this section shall preclude a county child protective services agency from fully investigating and responding to alleged abuse or neglect of a child pursuant to Section 11165.5 of the Penal Code.
(7)When an Indian child is removed from the home of a prospective adoptive parent pursuant to this section, the placement preferences contained in Section 361.31 and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) apply to the subsequent placement of the child.
(8)The Judicial Council shall prepare forms to facilitate the filing of the petitions described in this subdivision, which shall become effective on January 1, 2006.
SEC. 4.Section 366.30 is added to the Welfare and Institutions Code, immediately following Section 366.29, to read:366.30.(a)A child or nonminor dependent who meets one of the following descriptions may petition the juvenile court to reinstate or modify parental rights pursuant to Section 388:
(1)A child or nonminor dependent who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined adoption is no longer the permanent plan.
(2)A child for whom the parental rights of their biological parent or parents were terminated, who was subsequently adopted, and for whom the parental rights of their adoptive parent or parents have been terminated.
(3)A nonminor dependent for whom the court assumed dependency jurisdiction based on a petition filed pursuant to paragraph (3) or (4) of subdivision (a) of Section 388.1.
(4)An Indian child as defined in Section 224.1, for whom the parental rights of their biological parent or parents were modified by a tribal customary adoption, who was subsequently adopted, and for whom the parental rights of their adoptive parent or parents have been modified or terminated, or who are in agreement with the modification of parental rights.
(5)A nonminor dependent for whom the parental rights of their biological parent or parents were modified by a tribal customary adoption and who was subsequently adopted.
(b)A child or nonminor dependent described in paragraph (1) of subdivision (a) may file the petition prior to the expiration of the three-year period required pursuant to paragraph (1) of subdivision (a) if the State Department of Social Services, county adoption agency, or licensed adoption agency that is responsible for custody and supervision of the child or nonminor dependent as described in subdivision (j) of Section 366.26 and the child or nonminor dependent stipulate that the child or nonminor dependent is no longer likely to be adopted.
(c)A child over 12 years of age or nonminor dependent shall sign the petition in the absence of a showing of good cause as to why the child could not do so.
(d)If it appears that the best interests of the child or nonminor dependent may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs or nonminor dependents attorney of record, or, if there is no attorney of record for the child or nonminor dependent, to the child or nonminor dependent, and the childs or nonminor dependents tribe, if applicable, by means described in subdivision (c) of Section 297. The court shall order the child or nonminor dependent, or the social worker or probation officer, to give prior notice of the hearing to the childs or nonminor dependents former parent or parents whose parental rights were terminated in the manner required by subdivision (f) of Section 294 when the recommendation is adoption.
(e)(1)For a child or nonminor dependent described in paragraph (1), (2), or (3) of subdivision (a), the juvenile court shall grant the petition if it finds by clear and convincing evidence that reinstatement of parental rights is in the childs or nonminor dependents best interest.
(2)For a child or nonminor dependent described in paragraph (4) or (5) of subdivision (a), the juvenile court shall resume dependency jurisdiction to provide the childs or nonminor dependents tribe an opportunity to modify the tribal customary adoption order. The juvenile court shall grant the modified tribal customary adoption order full faith and credit when the tribe files as described in paragraph (6) of subdivision (c) of Section 366.24.
(3)If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights.
(f)This subdivision shall be retroactive and shall apply to any child or nonminor dependent who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
(g)A nonminor dependent whose biological parents or parents rights have been reinstated pursuant to this section may waive the termination of the parental duties and responsibilities of an existing adoptive parent or parents by signing a waiver at any time prior to the reinstatement of parental rights. The waiver may be included in the petition for reinstatement of parental rights or in a separate writing filed with the court.
SEC. 5.Section 366.3 of the Welfare and Institutions Code is amended to read:366.3.(a)(1)If a juvenile court orders a permanent plan of adoption, tribal customary adoption, adoption of a nonminor dependent pursuant to subdivision (f) of Section 366.31, or legal guardianship pursuant to Section 360 or 366.26, the court shall retain jurisdiction over the child or nonminor dependent until the child or nonminor dependent is adopted or the legal guardianship is established, except as provided for in Section 366.29 or, on and after January 1, 2012, Section 366.32. The status of the child or nonminor dependent shall be reviewed every six months to ensure that the adoption or legal guardianship is completed as expeditiously as possible. Following a termination of parental rights, the parent or parents shall not be a party to, or receive notice of, any subsequent proceedings regarding the child.
(2)When the adoption of the child or nonminor dependent has been granted, or in the case of a tribal customary adoption, when the tribal customary adoption order has been afforded full faith and credit and the petition for adoption has been granted, the court shall terminate its jurisdiction over the child or nonminor dependent.
(3)Following establishment of a legal guardianship, the court may continue jurisdiction over the child as a dependent child of the juvenile court or may terminate its dependency jurisdiction and retain jurisdiction over the child as a ward of the legal guardianship, as authorized by Section 366.4. If, however, a relative or nonrelative extended family member of the child is appointed the legal guardian of the child and the guardians home has been approved pursuant to Section 16519.5 for at least six months, the court shall, except if the relative or nonrelative extended family member guardian objects, or upon a finding of exceptional circumstances, terminate its dependency jurisdiction and retain jurisdiction over the child as a ward of the guardianship, as authorized by Section 366.4.
(b)(1)If the court has dismissed dependency jurisdiction following the establishment of a legal guardianship, or no dependency jurisdiction attached because of the granting of a legal guardianship pursuant to Section 360, and the legal guardianship is subsequently revoked or otherwise terminated, the county welfare department shall notify the juvenile court of this fact. The court may vacate its previous order dismissing dependency jurisdiction over the child.
(2)Notwithstanding Section 1601 of the Probate Code, the proceedings to terminate a legal guardianship that have been granted pursuant to Section 360 or 366.26 shall be held either in the juvenile court that retains jurisdiction over the guardianship, as authorized by Section 366.4, or the juvenile court in the county where the guardian and child currently reside, based on the best interests of the child, unless the termination is due to the emancipation or adoption of the child. The juvenile court having jurisdiction over the guardianship shall receive notice from the court in which the petition is filed within five calendar days of the filing. Prior to the hearing on a petition to terminate legal guardianship pursuant to this subdivision, the court shall order the county welfare department having jurisdiction or jointly with the county department where the guardian and child currently reside to prepare a report, for the courts consideration, that shall include an evaluation of whether the child could safely remain in, or be returned to, the legal guardians home, without terminating the legal guardianship, if services were provided to the child or legal guardian. If applicable, the report shall also identify recommended family maintenance or reunification services to maintain the legal guardianship and set forth a plan for providing those services. If the petition to terminate legal guardianship is granted, either juvenile court may resume dependency jurisdiction over the child, and may order the county welfare department to develop a new permanent plan, which shall be presented to the court within 60 days of the termination. If no dependency jurisdiction has attached, the social worker shall make any investigation the social worker deems necessary to determine whether the child may be within the jurisdiction of the juvenile court, as provided in Section 328.
(3)Unless the parental rights of the childs parent or parents have been terminated, they shall be notified that the legal guardianship has been revoked or terminated and shall be entitled to participate in the new permanency planning hearing. The court shall try to place the child in another permanent placement. At the hearing, the parents may be considered as custodians but the child shall not be returned to the parent or parents unless they prove, by a preponderance of the evidence, that reunification is the best alternative for the child. The court may, if it is in the best interests of the child, order that reunification services again be provided to the parent or parents.
(c)If, following the establishment of a legal guardianship, the county welfare department becomes aware of changed circumstances that indicate adoption or, for an Indian child, tribal customary adoption, may be an appropriate plan for the child, the department shall so notify the court. The court may vacate its previous order dismissing dependency jurisdiction over the child and order that a hearing be held pursuant to Section 366.26 to determine whether adoption or continued legal guardianship is the most appropriate plan for the child. The hearing shall be held no later than 120 days from the date of the order. If the court orders that a hearing shall be held pursuant to Section 366.26, the court shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services if it is acting as an adoption agency, to prepare an assessment under subdivision (b) of Section 366.22.
(d)(1)If the child or nonminor dependent is in a placement other than the home of a legal guardian and jurisdiction has not been dismissed, the status of the child shall be reviewed at least every six months. The review of the status of a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption shall be conducted by the court. The review of the status of a child or nonminor dependent for whom the court has not ordered parental rights terminated and who has not been ordered placed for adoption may be conducted by the court or an appropriate local agency. The court shall conduct the review under the following circumstances:
(A)Upon the request of the childs parents or legal guardians.
(B)Upon the request of the child or nonminor dependent.
(C)It has been 12 months since a hearing held pursuant to Section 366.26 or an order that the child remain in foster care pursuant to Section 366.21, 366.22, 366.25, 366.26, or subdivision (h).
(D)It has been 12 months since a review was conducted by the court.
(2)The court shall determine whether or not reasonable efforts to make and finalize a permanent placement for the child have been made.
(e)Except as provided in subdivision (g), at the review held every six months pursuant to subdivision (d), the reviewing body shall inquire about the progress being made to provide a permanent home for the child, shall consider the safety of the child, and shall determine all of the following:
(1)The continuing necessity for, and appropriateness of, the placement. If the child is placed in a short-term residential therapeutic program on or after October 1, 2021, or a community treatment facility on or after July 1, 2022, the court shall consider the evidence and documentation submitted pursuant to subdivision (l) of Section 366.1 in making this determination.
(2)Identification of individuals other than the childs siblings who are important to a child who is 10 years of age or older and has been in out-of-home placement for six months or longer, and actions necessary to maintain the childs relationships with those individuals, provided that those relationships are in the best interest of the child. The social worker shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, as appropriate. The social worker shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(3)The continuing appropriateness and extent of compliance with the permanent plan for the child, including efforts to maintain relationships between a child who is 10 years of age or older and who has been in out-of-home placement for six months or longer and individuals who are important to the child and efforts to identify a prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment efforts and listing on an adoption exchange.
(4)The extent of the agencys compliance with the child welfare services case plan in making reasonable efforts either to return the child to the safe home of the parent or to complete whatever steps are necessary to finalize the permanent placement of the child. If the reviewing body determines that a second period of reunification services is in the childs best interests, and that there is a significant likelihood of the childs return to a safe home due to changed circumstances of the parent, pursuant to subdivision (f), the specific reunification services required to effect the childs return to a safe home shall be described.
(5)Whether there should be any limitation on the right of the parent or guardian to make educational decisions or developmental services decisions for the child. That limitation shall be specifically addressed in the court order and may not exceed what is necessary to protect the child. If the court specifically limits the right of the parent or guardian to make educational decisions or developmental services decisions for the child, the court shall at the same time appoint a responsible adult to make educational decisions or developmental services decisions for the child pursuant to Section 361.
(6)The adequacy of services provided to the child. The court shall consider the progress in providing the information and documents to the child, as described in Section 391. The court shall also consider the need for, and progress in providing, the assistance and services described in Section 391.
(7)The extent of progress the parents or legal guardians have made toward alleviating or mitigating the causes necessitating placement in foster care.
(8)The likely date by which the child may be returned to, and safely maintained in, the home, placed for adoption, legal guardianship, placed with a fit and willing relative, or, for an Indian child, in consultation with the childs tribe, placed for tribal customary adoption, or, if the child is 16 years of age or older, and no other permanent plan is appropriate at the time of the hearing, in another planned permanent living arrangement.
(9)(A)Whether the child has any siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(i)The nature of the relationship between the child and their siblings.
(ii)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002. At the first review conducted for a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, the court shall inquire into the status of the development of a voluntary postadoption sibling contact agreement pursuant to subdivision (e) of Section 16002.
(iii)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(iv)If the siblings are not placed together, all of the following:
(I)The frequency and nature of the visits between the siblings.
(II)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(III)If there are visits between the siblings, a description of the location and length of the visits.
(IV)Any plan to increase visitation between the siblings.
(v)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(B)The factors the court may consider as indicators of the nature of the childs sibling relationships include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(10)For a child who is 14 years of age or older and for a nonminor dependent, the services needed to assist the child or nonminor dependent to make the transition from foster care to successful adulthood.
(11)Whether or not reasonable efforts to make and finalize a permanent placement for the child have been made.
Each licensed foster family agency shall submit reports for each child in its care, custody, and control to the court concerning the continuing appropriateness and extent of compliance with the childs permanent plan, the extent of compliance with the case plan, and the type and adequacy of services provided to the child.
(f)Unless their parental rights have been permanently terminated, the parent or parents of the child are entitled to receive notice of, and participate in, those hearings. It shall be presumed that continued care is in the best interests of the child, unless the parent or parents prove, by a preponderance of the evidence, that further efforts at reunification are the best alternative for the child. In those cases, the court may order that further reunification services to return the child to a safe home environment be provided to the parent or parents up to a period of six months, and family maintenance services, as needed for an additional six months in order to return the child to a safe home environment. This subdivision shall not apply to the parents of a nonminor dependent.
(g)At the review conducted by the court and held at least every six months, regarding a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, or, for an Indian child for whom parental rights are not being terminated and a tribal customary adoption is being considered, the county welfare department shall prepare and present to the court a report describing the following:
(1)The childs present placement.
(2)The childs current physical, mental, emotional, and educational status.
(3)If the child has not been placed with a prospective adoptive parent or guardian, identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationships with those individuals, provided that those relationships are in the best interest of the child. The agency shall ask every child who is 10 years of age or older to identify any individuals who are important to the child, consistent with the childs best interest, and may ask any child who is younger than 10 years of age to provide that information as appropriate. The agency shall make efforts to identify other individuals who are important to the child.
(4)Whether the child has been placed with a prospective adoptive parent or parents.
(5)Whether an adoptive placement agreement has been signed and filed.
(6)If the child has not been placed with a prospective adoptive parent or parents, the efforts made to identify an appropriate prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment efforts and listing on an adoption exchange.
(7)If applicable, the status of the postadoptive sibling contact agreement pursuant to Section 366.29.
(8)The progress of the search for an adoptive placement if one has not been identified.
(9)Any impediments to the adoption or the adoptive placement.
(10)The anticipated date by which the child will be adopted or placed in an adoptive home.
(11)The anticipated date by which an adoptive placement agreement will be signed.
(12)Recommendations for court orders that will assist in the placement of the child for adoption or in the finalization of the adoption.
The court shall determine whether or not reasonable efforts to make and finalize a permanent placement for the child have been made.
The court shall make appropriate orders to protect the stability of the child and to facilitate and expedite the permanent placement and adoption of the child.
(h)(1)At the review held pursuant to subdivision (d) for a child in foster care, the court shall consider all permanency planning options for the child including whether the child should be returned to the home of the parent, placed for adoption, or, for an Indian child, in consultation with the childs tribe, placed for tribal customary adoption, or appointed a legal guardian, placed with a fit and willing relative, or, if compelling reasons exist for finding that none of the foregoing options are in the best interest of the child and the child is 16 years of age or older, whether the child should be placed in another planned permanent living arrangement. The court shall order that a hearing be held pursuant to Section 366.26, unless it determines by clear and convincing evidence that there is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interest of the child because the child is being returned to the home of the parent, the child is not a proper subject for adoption, or no one is willing to accept legal guardianship as of the hearing date. If the county adoption agency, or the department when it is acting as an adoption agency, has determined it is unlikely that the child will be adopted or one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, that fact shall constitute a compelling reason for purposes of this subdivision. Only upon that determination may the court order that the child remain in foster care, without holding a hearing pursuant to Section 366.26. The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. The nonminor dependents legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26.
(2)When the child is 16 years of age or older and in another planned permanent living arrangement, the court shall do all of the following:
(A)Ask the child about their desired permanency outcome.
(B)Make a judicial determination explaining why, as of the hearing date, another planned permanent living arrangement is the best permanency plan for the child.
(C)State for the record the compelling reason or reasons why it continues not to be in the best interest of the child to return home, be placed for adoption, be placed for tribal customary adoption in the case of an Indian child, be placed with a legal guardian, or be placed with a fit and willing relative.
(3)When the child is 16 years of age or older and is in another planned permanent living arrangement, the social study prepared for the hearing shall include a description of all of the following:
(A)The intensive and ongoing efforts to return the child to the home of the parent, place the child for adoption, or establish a legal guardianship, as appropriate.
(B)The steps taken to do both of the following:
(i)Ensure that the childs care provider is following the reasonable and prudent parent standard.
(ii)Determine whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consulting with the child about opportunities for the child to participate in those activities.
(4)When the child is under 16 years of age and has a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, the social study shall include a description of any barriers to achieving the permanent plan and the efforts made by the agency to address those barriers.
(i)If, as authorized by subdivision (h), the court orders a hearing pursuant to Section 366.26, the court shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment, as provided for in subdivision (i) of Section 366.21 or subdivision (b) of Section 366.22. A hearing held pursuant to Section 366.26 shall be held no later than 120 days from the date of the 12-month review at which it is ordered, and at that hearing the court shall determine whether adoption, tribal customary adoption, legal guardianship, placement with a fit and willing relative, or, for a child 16 years of age or older, another planned permanent living arrangement is the most appropriate plan for the child. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child and tribal customary adoption is recommended as the permanent plan. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement. At the request of the nonminor dependent who has an established relationship with an adult determined to be the nonminor dependents permanent connection, the court may order adoption of the nonminor dependent pursuant to subdivision (f) of Section 366.31.
(j)The reviews conducted pursuant to subdivision (a) or (d) may be conducted earlier than every six months if the court determines that an earlier review is in the best interests of the child or as court rules prescribe.
(k)On and after October 1, 2021, for reviews conducted pursuant to subdivision (a) or (d) for the child whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for reviews conducted pursuant to subdivision (a) or (d) for the child whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the report prepared for the review shall include evidence of all of the following:
(1)Ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate care setting in the least restrictive environment, and the placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the child.
(2)Documentation of the childs specific treatment or service needs that will be met in the placement and the length of time the child is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation.
(3)Documentation of the intensive and ongoing efforts made by the child welfare department, consistent with the childs permanency plan, to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a resource family home or tribally approved home, or in another appropriate family-based setting.
SEC. 6.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 childs 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 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 childs sibling relationship so that when a child has been removed from the childs home and the child has a sibling or siblings who remain in the custody of a parent subject to the courts 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 the social worker or probation officer 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. The physical capacity of the home shall not be the sole reason to deny placement of a sibling group if each child in the home has an age-appropriate place to sleep and there are no other safety risks.
(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 the childs 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, the person 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) when 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)(A)The county placing agency shall convene a meeting with the child, the sibling or siblings of the child, the prospective adoptive parent or parents, and a facilitator to discuss a postadoption sibling contact agreement pursuant to Section 8616.5 of the Family Code within 90 days after termination of parental rights and prior to finalization of the adoption. The facilitator shall ensure that all parties are aware of the benefits of postadoption contact between siblings, the spectrum of postadoption contact options, and the requirements under Section 9205 of the Family Code. The county placing agency may comply with the requirements of this paragraph by allowing a nonprofit organization authorized to provide permanency placement and postadoption mediation for adoptive and birth families to facilitate the meeting and develop the agreement. If a postadoption contact agreement is executed, the agreement shall be provided to all parties and to the court prior to the finalization of the adoption.
(B)Counsel to the child and counsel to the siblings who are dependents of the court shall be notified of, and may attend, the meeting described in this paragraph.
(C)This paragraph does not require attendance by a child, sibling, or other party at a meeting to execute a postadoption sibling contact agreement pursuant to Section 8616.5 of the Family Code if the child, sibling, or other party cannot be located or does not wish to attend the meeting. This paragraph shall not prohibit a county placing agency from convening a meeting if not all of the parties are secured to attend.
(D)Notwithstanding the requirements of subparagraph (A), the county placing agency shall not be required to convene a meeting if either of the following occur:
(i)The court, at the hearing to terminate parental rights, after considering the recommendation, if any, of the county placing agency, determines by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of the child.
(ii)A child being placed for adoption informs the court that they do not wish to enter into a postadoption sibling contact agreement.
(E)Compliance with, and enforceability of, an executed postadoption sibling contact agreement shall be subject to Section 366.29.
(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 person related to the identified child 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 (CWS/CMS) is implemented on a statewide basis.
SEC. 7.Section 1.5 of this bill incorporates amendments to Section 8616.5 of the Family Code proposed by both this bill and Assembly Bill 1650. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 8616.5 of the Family Code, and (3) this bill is enacted after Assembly Bill 1650, in which case Section 1 of this bill shall not become operative.
SEC. 7.SEC. 8.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)The Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, after being adopted. Postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when contact is beneficial to the children and the agreements are voluntarily executed by birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and adoptive parents. Nothing in this section requires all of the listed parties to participate in the development of a postadoption contact agreement in order for the agreement to be executed.
(b)(1)Nothing in the adoption laws of this state shall be construed to prevent the adopting parent or parents, the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child from voluntarily executing a written agreement to permit continuing contact between the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child if the agreement is found by the court to have been executed voluntarily and to be in the best interests of the child at the time the adoption petition is granted.
(2)The terms of any postadoption contact agreement executed under this section shall be limited to, but need not include, all of the following:
(A)Provisions for visitation between the child and a birth parent or parents and other birth relatives, including siblings, and the childs Indian tribe if the case is governed by the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(B)Provisions for future contact between a birth parent or parents or other birth relatives, including siblings, or both, and the child or an adoptive parent, or both, and in cases governed by the Indian Child Welfare Act, the childs Indian tribe.
(C)Provisions for the sharing of information about the child in the future.
(3)The terms of any postadoption contact agreement with birth relatives, other than the childs birth parent or parents or siblings, shall be limited to the sharing of information about the child, unless the child has a preexisting relationship with the birth relative.
(c)At the time an adoption decree is entered pursuant to a petition filed pursuant to Section 8714, 8714.5, 8802, 8912, or 9000, the court entering the decree may grant postadoption privileges if an agreement for those privileges has been executed, including agreements executed pursuant to subdivision (f) of Section 8620. The hearing to grant the adoption petition and issue an order of adoption may be continued as necessary to permit parties who are in the process of negotiating a postadoption agreement to reach a final agreement.
(d)The child who is the subject of the adoption petition shall be considered a party to the postadoption contact agreement. The written consent to the terms and conditions of the postadoption contact agreement and any subsequent modifications of the agreement by a child who is 12 years of age or older is a necessary condition to the granting of privileges regarding visitation, contact, or sharing of information about the child, unless the court finds by a preponderance of the evidence that the agreement, as written, is in the best interests of the child. Any child who has been found to come within Section 300 of the Welfare and Institutions Code or who is the subject of a petition for jurisdiction of the juvenile court under Section 300 of the Welfare and Institutions Code shall be represented by an attorney for purposes of consent to the postadoption contact agreement.
(e)A postadoption contact agreement shall contain the following warnings in bold type:
(1)After the adoption petition has been granted by the court, the adoption cannot be set aside due to the failure of an adopting parent, a birth parent, a birth relative, including a sibling, an Indian tribe, or the child to follow the terms of this agreement or a later change to this agreement.
(2)A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.
(3)A court will not act on a petition to change or enforce this agreement unless the petitioner has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute.
(f)Upon the granting of the adoption petition and the issuing of the order of adoption of a child who is a dependent of the juvenile court, juvenile court dependency jurisdiction shall be terminated. Enforcement of the postadoption contact agreement shall be under the continuing jurisdiction of the court granting the petition of adoption. The court shall not order compliance with the agreement absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict, prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child. Documentary evidence or offers of proof may serve as the basis for the courts decision regarding enforcement. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(g)The court may not award monetary damages as a result of the filing of the civil action pursuant to subdivision (e).
(h)A postadoption contact agreement may be modified or terminated only if either of the following occurs:
(1)All parties, including the child if the child is 12 years of age or older at the time of the requested termination or modification, have signed a modified postadoption contact agreement and the agreement is filed with the court that granted the petition of adoption.
(2)The court finds all of the following:
(A)The termination or modification is necessary to serve the best interests of the child.
(B)There has been a substantial change of circumstances since the original agreement was executed and approved by the court.
(C)The party seeking the termination or modification has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings prior to seeking court approval of the proposed termination or modification.
Documentary evidence or offers of proof may serve as the basis for the courts decision. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(i)All costs and fees of mediation or other appropriate dispute resolution proceedings shall be borne by each party, excluding the child. All costs and fees of litigation shall be borne by the party filing the action to modify or enforce the agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing agreement shall bear all the costs and fees of litigation.
(j)The Judicial Council shall adopt rules of court and forms for motions to enforce, terminate, or modify postadoption contact agreements.
(k)The court shall not set aside a decree of adoption, rescind a relinquishment, or modify an order to terminate parental rights or any other prior court order because of the failure of a birth parent, adoptive parent, birth relative, including a sibling, an Indian tribe, or the child to comply with any or all of the original terms of, or subsequent modifications to, the postadoption contact agreement, except as follows:
(1)Prior to issuing the order of adoption, in an adoption involving an Indian child, the court may, upon a petition of the birth parent, birth relative, including a sibling, or an Indian tribe, order the parties to engage in family mediation services for the purpose of reaching a postadoption contact agreement if the prospective adoptive parent fails to negotiate in good faith to execute a postadoption contact agreement, after having agreed to enter into negotiations, provided that the failure of the parties to reach an agreement is not in and of itself proof of bad faith.
(2)Prior to issuing the order of adoption, if the parties fail to negotiate in good faith to execute a postadoption contact agreement during the negotiations entered into pursuant to, and in accordance with, paragraph (1), the court may modify prior orders or issue new orders as necessary to ensure the best interest of the Indian child is met, including, but not limited to, requiring parties to engage in further family mediation services for the purpose of reaching a postadoption contact agreement, initiating guardianship proceeding proceedings in lieu of adoption, or authorizing a change of adoptive placement for the child.
(l)As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.
SEC. 2.Section 294 of the Welfare and Institutions Code is amended to read:294.The social worker or probation officer shall give notice of a selection and implementation hearing held pursuant to Section 366.26 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The fathers, presumed and alleged.
(3)The Indian custodian, if it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1.
(4)The child, if the child is 10 years of age or older.
(5)The childs tribe, if known, and any tribe in which the child may be a member or eligible for membership if the specific tribe is not known, and it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1.
(6)Any known sibling of the child who is the subject of the hearing if that sibling is the subject of a dependency proceeding, has been adjudged to be a dependent child of the juvenile court, or is a nonminor dependent. If the sibling is 10 years of age or older, the sibling, the siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.
(7)The grandparents of the child, if their address is known and if the parents whereabouts are unknown.
(8)All counsel of record.
(9)To any unknown parent by publication, if ordered by the court pursuant to paragraph (2) of subdivision (g).
(10)The current caregiver of the child, including foster parents, relative caregivers, preadoptive parents, nonrelative extended family members, or resource family. Any person notified may attend all hearings and may submit any information the person deems relevant to the court in writing.
(11)The childs Court-Appointed Special Advocate, if one has been appointed.
(b)The following persons shall not be notified of the hearing:
(1)A parent who has relinquished the child to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoption, and the relinquishment has been accepted and filed with notice as required under Section 8700 of the Family Code.
(2)An alleged father who has denied paternity and has executed a waiver of the right to notice of further proceedings.
(3)A parent whose parental rights have been terminated.
(c)(1)Service of the notice shall be completed at least 45 days before the hearing date. Service is deemed complete at the time the notice is personally delivered to the person named in the notice or 10 days after the notice has been placed in the mail or sent by electronic mail, or at the expiration of the time prescribed by the order for publication.
(2)Service of notice in cases where publication is ordered shall be completed at least 30 days before the date of the hearing.
(d)Regardless of the type of notice required, or the manner in which it is served, once the court has made the initial finding that notice has properly been given to the parent, or to any person entitled to receive notice pursuant to this section, subsequent notice for any continuation of a Section 366.26 hearing may be by first-class mail to any last known address, by an order made pursuant to Section 296, by electronic service pursuant to Section 212.5, or by any other means that the court determines is reasonably calculated, under any circumstance, to provide notice of the continued hearing. However, if the recommendation changes from the recommendation contained in the notice previously found to be proper, notice shall be provided to the parent, and to any person entitled to receive notice pursuant to this section, regarding that subsequent hearing.
(e)The notice shall contain the following information:
(1)The date, time, and place of the hearing.
(2)The right to appear.
(3)The parents right to counsel.
(4)The nature of the proceedings.
(5)The recommendation of the supervising agency.
(6)A statement that, at the time of hearing, the court is required to select a permanent plan of adoption, legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, for the child.
(f)Notice to the parents may be given in any one of the following manners:
(1)If the parent is present at the hearing at which the court schedules a hearing pursuant to Section 366.26, the court shall advise the parent of the date, time, and place of the proceedings, their right to counsel, the nature of the proceedings, and the requirement that at the proceedings the court shall select and implement a plan of adoption, legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter only by first-class mail to the parents usual place of residence or business, or by electronic service pursuant to Section 212.5.
(2)Certified mail, return receipt requested, to the parents last known mailing address. This notice shall be sufficient if the child welfare agency receives a return receipt signed by the parent.
(3)Personal service to the parent named in the notice.
(4)Delivery to a competent person who is at least 18 years of age at the parents usual place of residence or business, and thereafter served on the parent named in the notice by first-class mail at the place where the notice was delivered or by electronic service pursuant to Section 212.5.
(5)If the residence of the parent is outside the state, service may be made as described in paragraph (1), (3), or (4) or by certified mail, return receipt requested.
(6)If the recommendation of the probation officer or social worker is legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, service may be made by first-class mail to the parents usual place of residence or business or by electronic service pursuant to Section 212.5. In the case of an Indian child, if the recommendation of the probation officer or social worker is tribal customary adoption, service may be made by first-class mail to the parents usual place of residence or business.
(7)If a parents identity is known but their whereabouts are unknown and the parent cannot, with reasonable diligence, be served in any manner specified in paragraphs (1) to (6), inclusive, the petitioner shall file an affidavit with the court at least 75 days before the hearing date, stating the name of the parent and describing the efforts made to locate and serve the parent.
(A)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends adoption, service shall be to that parents attorney of record, if any, by certified mail, return receipt requested. If the parent does not have an attorney of record, the court shall order that service be made by publication of citation requiring the parent to appear at the date, time, and place stated in the citation, and that the citation be published in a newspaper designated as most likely to give notice to the parent. Publication shall be made once a week for four consecutive weeks. Whether notice is to the attorney of record or by publication, the court shall also order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail or by electronic service pursuant to Section 212.5.
(B)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, no further notice is required to the parent, but the court shall order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail or by electronic service pursuant to Section 212.5.
(C)In any case where the residence of the parent becomes known, notice shall immediately be served upon the parent as provided for in either paragraph (2), (3), (4), (5), or (6).
(g)(1)If the identity of one or both of the parents, or alleged parents, of the child is unknown, or if the name of one or both parents is uncertain, then that fact shall be set forth in the affidavit filed with the court at least 75 days before the hearing date and the court, consistent with Sections 7665 and 7666 of the Family Code, shall issue an order dispensing with notice to a natural parent or possible natural parent under this section if, after inquiry and a determination that there has been due diligence in attempting to identify the unknown parent, the court is unable to identify the natural parent or possible natural parent and no person has appeared claiming to be the natural parent.
(2)After a determination that there has been due diligence in attempting to identify an unknown parent pursuant to paragraph (1) and the probation officer or social worker recommends adoption, the court shall consider whether publication notice would be likely to lead to actual notice to the unknown parent. The court may order publication notice if, on the basis of all information before the court, the court determines that notice by publication is likely to lead to actual notice to the parent. If publication notice to an unknown parent is ordered, the court shall order the published citation to be directed to either the father or mother, or both, of the child, and to all persons claiming to be the father or mother of the child, naming and otherwise describing the child. An order of publication pursuant to this paragraph shall be based on an affidavit describing efforts made to identify the unknown parent or parents. Service made by publication pursuant to this paragraph shall require the unknown parent or parents to appear at the date, time, and place stated in the citation. Publication shall be made once a week for four consecutive weeks.
(3)If the court determines that there has been due diligence in attempting to identify one or both of the parents, or alleged parents, of the child and the probation officer or social worker recommends legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, no further notice to the parent shall be required.
(h)Notice to all counsel of record shall be by first-class mail or by electronic service pursuant to Section 212.5.
(i)If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, notice shall be given in accordance with Section 224.3.
(j)Notwithstanding subdivision (a), if the attorney of record is present at the time the court schedules a hearing pursuant to Section 366.26, no further notice is required, except as required by subparagraph (A) of paragraph (7) of subdivision (f).
(k)This section shall also apply to children adjudged wards pursuant to Section 727.31.
(l)The court shall state the reasons on the record explaining why good cause exists for granting any continuance of a hearing held pursuant to Section 366.26 to fulfill the requirements of this section.
(m)Notice of any hearing at which the county welfare department is recommending the termination of parental rights may only be served electronically if notice is also given by another means of service provided for in this section.
SEC. 3.Section 366.26 of the Welfare and Institutions Code is amended to read:366.26.(a)This section applies to children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360. The procedures specified in this section are the exclusive procedures for conducting these hearings. The procedures in Part 2 (commencing with Section 3020) of Division 8 of the Family Code are not applicable to these proceedings. Section 8616.5 of the Family Code is applicable and available to all dependent children meeting the requirements of that section, if the postadoption contact agreement has been entered into voluntarily. For children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360, this section, and Sections 8604, 8605, 8606, and 8700 of the Family Code and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 of the Family Code specify the exclusive procedures for permanently terminating parental rights with regard to, or establishing legal guardianship of, the child while the child is a dependent child of the juvenile court.
(b)At the hearing, which shall be held in juvenile court for all children who are dependents of the juvenile court, the court, in order to provide stable, permanent homes for these children, shall review the report as specified in Section 361.5, 366.21, 366.22, or 366.25, shall indicate that the court has read and considered it, shall receive other evidence that the parties may present, and then shall make findings and orders in the following order of preference:
(1)Terminate the rights of the parent or parents and order that the child be placed for adoption and, upon the filing of a petition for adoption in the juvenile court, order that a hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted.
(2)Order, without termination of parental rights, the plan of tribal customary adoption, as described in Section 366.24, through tribal custom, traditions, or law of the Indian childs tribe, and upon the court affording the tribal customary adoption order full faith and credit at the continued selection and implementation hearing, order that a hearing be set pursuant to paragraph (2) of subdivision (e).
(3)Appoint a relative or relatives with whom the child is currently residing as legal guardian or guardians for the child, and order that letters of guardianship issue.
(4)On making a finding under paragraph (3) of subdivision (c), identify adoption or tribal customary adoption as the permanent placement goal and order that efforts be made to locate an appropriate adoptive family for the child within a period not to exceed 180 days.
(5)Appoint a nonrelative legal guardian for the child and order that letters of guardianship issue.
(6)Order that the child be permanently placed with a fit and willing relative, subject to the periodic review of the juvenile court under Section 366.3.
(7)Order that the child remain in foster care, subject to the conditions described in paragraph (4) of subdivision (c) and the periodic review of the juvenile court under Section 366.3.
In choosing among the alternatives in this subdivision, the court shall proceed pursuant to subdivision (c).
(c)(1)If the court determines, based on the assessment provided as ordered under subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, or subdivision (b) of Section 366.25, and any other relevant evidence, by a clear and convincing standard, that it is likely the child will be adopted, the court shall terminate parental rights and order the child placed for adoption. The fact that the child is not yet placed in a preadoptive home nor with a relative or foster family who is prepared to adopt the child, shall not constitute a basis for the court to conclude that it is not likely the child will be adopted. A finding under subdivision (b) or paragraph (1) of subdivision (e) of Section 361.5 that reunification services shall not be offered, under subdivision (e) of Section 366.21 that the whereabouts of a parent have been unknown for six months or that the parent has failed to visit or contact the child for six months, or that the parent has been convicted of a felony indicating parental unfitness, or, under Section 366.21 or 366.22, that the court has continued to remove the child from the custody of the parent or guardian and has terminated reunification services, shall constitute a sufficient basis for termination of parental rights. Under these circumstances, the court shall terminate parental rights unless either of the following applies:
(A)The child is living with a relative who is unable or unwilling to adopt the child because of circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment through legal guardianship, and the removal of the child from the custody of their relative would be detrimental to the emotional well-being of the child. For purposes of an Indian child, relative shall include an extended family member, as defined in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1903(2)).
(B)The court finds a compelling reason for determining that termination would be detrimental to the child due to one or more of the following circumstances:
(i)The parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship.
(ii)A child 12 years of age or older objects to termination of parental rights.
(iii)The child is placed in a residential treatment facility, adoption is unlikely or undesirable, and continuation of parental rights will not prevent finding the child a permanent family placement if the parents cannot resume custody when residential care is no longer needed.
(iv)The child is living with a foster parent or Indian custodian who is unable or unwilling to adopt the child because of exceptional circumstances, that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment and the removal of the child from the physical custody of their foster parent or Indian custodian would be detrimental to the emotional well-being of the child. This clause does not apply to any child who is either (I) under six years of age or (II) a member of a sibling group where at least one child is under six years of age and the siblings are, or should be, permanently placed together.
(v)There would be substantial interference with a childs sibling relationship, taking into consideration the nature and extent of the relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shared significant common experiences or has existing close and strong bonds with a sibling, and whether ongoing contact is in the childs best interest, including the childs long-term emotional interest, as compared to the benefit of legal permanence through adoption.
(vi)The child is an Indian child and there is a compelling reason for determining that termination of parental rights would not be in the best interest of the child, including, but not limited to:
(I)Termination of parental rights would substantially interfere with the childs connection to their tribal community or the childs tribal membership rights.
(II)The childs tribe has identified guardianship, foster care with a fit and willing relative, tribal customary adoption, or another planned permanent living arrangement for the child.
(III)The child is a nonminor dependent, and the nonminor and the nonminors tribe have identified tribal customary adoption for the nonminor.
(C)For purposes of subparagraph (B), in the case of tribal customary adoptions, Section 366.24 shall apply.
(D)If the court finds that termination of parental rights would be detrimental to the child pursuant to clause (i), (ii), (iii), (iv), (v), or (vi), it shall state its reasons in writing or on the record.
(2)The court shall not terminate parental rights if:
(A)At each hearing at which the court was required to consider reasonable efforts or services, the court has found that reasonable efforts were not made or that reasonable services were not offered or provided.
(B)In the case of an Indian child:
(i)At the hearing terminating parental rights, the court has found that active efforts were not made as required in Section 361.7.
(ii)The court does not make a determination at the hearing terminating parental rights, supported by evidence beyond a reasonable doubt, including testimony of one or more qualified expert witnesses as defined in Section 224.6, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
(iii)The court has ordered tribal customary adoption pursuant to Section 366.24.
(3)If the court finds that termination of parental rights would not be detrimental to the child pursuant to paragraph (1) and that the child has a probability for adoption but is difficult to place for adoption and there is no identified or available prospective adoptive parent, the court may identify adoption as the permanent placement goal and, without terminating parental rights, order that efforts be made to locate an appropriate adoptive family for the child, within the state or out of the state, within a period not to exceed 180 days. During this 180-day period, the public agency responsible for seeking adoptive parents for each child shall, to the extent possible, ask each child who is 10 years of age or older to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential adoptive parents. The public agency may ask any other child to provide that information, as appropriate. During the 180-day period, the public agency shall, to the extent possible, contact other private and public adoption agencies regarding the availability of the child for adoption. During the 180-day period, the public agency shall conduct the search for adoptive parents in the same manner as prescribed for children in Sections 8708 and 8709 of the Family Code. At the expiration of this period, another hearing shall be held and the court shall proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision (b). For purposes of this section, a child may only be found to be difficult to place for adoption if there is no identified or available prospective adoptive parent for the child because of the childs membership in a sibling group, or the presence of a diagnosed medical, physical, or mental handicap, or the child is seven years of age or older.
(4)(A)If the court finds that adoption of the child or termination of parental rights is not in the best interest of the child, because one of the conditions in clause (i), (ii), (iii), (iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in paragraph (2) applies, the court shall order that the present caretakers or other appropriate persons shall become legal guardians of the child, or, in the case of an Indian child, consider a tribal customary adoption pursuant to Section 366.24. Legal guardianship shall be considered before continuing the child in foster care under any other permanent plan, if it is in the best interests of the child and if a suitable guardian can be found. If the child continues in foster care, the court shall make factual findings identifying any barriers to achieving adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative as of the date of the hearing. A child who is 10 years of age or older, shall be asked to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential guardians or, in the case of an Indian child, prospective tribal customary adoptive parents. The agency may ask any other child to provide that information, as appropriate.
(B)(i)If the child is living with an approved relative who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order a permanent plan of placement with a fit and willing relative, and the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the relative caretaker.
(ii)If the child is living with a nonrelative caregiver who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. Regardless of the age of the child, the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the caregiver.
(iii)If the child is living in a group home or, on or after January 1, 2017, a short-term residential therapeutic program, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(C)The court shall also make an order for visitation with the parents or guardians unless the court finds by a preponderance of the evidence that the visitation would be detrimental to the physical or emotional well-being of the child.
(5)If the court finds that the child should not be placed for adoption, that legal guardianship shall not be established, that placement with a fit and willing relative is not appropriate as of the hearing date, and that there are no suitable foster parents except certified family homes or resource families of a foster family agency available to provide the child with a stable and permanent environment, the court may order the care, custody, and control of the child transferred from the county welfare department to a licensed foster family agency. The court shall consider the written recommendation of the county welfare director regarding the suitability of the transfer. The transfer shall be subject to further court orders.
The licensed foster family agency shall place the child in a suitable licensed or certified family home that has been certified by the agency as meeting licensing standards or with a resource family approved by the agency. The licensed foster family agency shall be responsible for supporting the child and providing appropriate services to the child, including those services ordered by the court. Responsibility for the support of the child shall not, in and of itself, create liability on the part of the foster family agency to third persons injured by the child. Those children whose care, custody, and control are transferred to a foster family agency shall not be eligible for foster care maintenance payments or child welfare services, except for emergency response services pursuant to Section 16504.
(d)The proceeding for the appointment of a guardian for a child who is a dependent of the juvenile court shall be conducted in the juvenile court. If the court finds pursuant to this section that legal guardianship is the appropriate permanent plan, it shall appoint the legal guardian and issue letters of guardianship. The assessment prepared pursuant to subdivision (g) of Section 361.5, subdivision (i) of Section 366.21, subdivision (c) of Section 366.22, and subdivision (b) of Section 366.25 shall be read and considered by the court prior to the appointment, and this shall be reflected in the minutes of the court. The assessment may also include the naming of a prospective successor guardian, if one is identified. In the event of the incapacity or death of the appointed guardian, the named successor guardian may be assessed and appointed pursuant to this section. The person preparing the assessment may be called and examined by any party to the proceeding.
(e)(1)The proceeding for the adoption of a child who is a dependent of the juvenile court shall be conducted in the juvenile court if the court finds pursuant to this section that adoption is the appropriate permanent plan and the petition for adoption is filed in the juvenile court. Upon the filing of a petition for adoption, the juvenile court shall order that an adoption hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted. The full report required by Section 8715 of the Family Code shall be read and considered by the court prior to the adoption and this shall be reflected in the minutes of the court. The person preparing the report may be called and examined by any party to the proceeding. It is the intent of the Legislature, pursuant to this subdivision, to give potential adoptive parents the option of filing in the juvenile court the petition for the adoption of a child who is a dependent of the juvenile court. Nothing in this section is intended to prevent the filing of a petition for adoption in any other court as permitted by law, instead of in the juvenile court.
(2)In the case of an Indian child, if the Indian childs tribe has elected a permanent plan of tribal customary adoption, the court, upon receiving the tribal customary adoption order will afford the tribal customary adoption order full faith and credit to the same extent that the court would afford full faith and credit to the public acts, records, judicial proceedings, and judgments of any other entity. Upon a determination that the tribal customary adoption order may be afforded full faith and credit, consistent with Section 224.5, the court shall thereafter order a hearing to finalize the adoption be set upon the filing of the adoption petition. The prospective tribal customary adoptive parents and the child who is the subject of the tribal customary adoption petition shall appear before the court for the finalization hearing. The court shall thereafter issue an order of adoption pursuant to Section 366.24.
(3)(A)If a child who is the subject of a finalized tribal customary adoption shows evidence of a developmental disability or mental illness as a result of conditions existing before the tribal customary adoption to the extent that the child cannot be relinquished to a licensed adoption agency on the grounds that a plan of adoption is not currently suitable, and of which condition the tribal customary adoptive parent or parents had no knowledge or notice before the entry of the tribal customary adoption order, a petition setting forth those facts may be filed by the tribal customary adoptive parent or parents with the juvenile court that granted the tribal customary adoption petition. If these facts are proved to the satisfaction of the juvenile court, it may make an order setting aside the tribal customary adoption order. The set-aside petition shall be filed within five years of the issuance of the tribal customary adoption order. The court clerk shall immediately notify the childs tribe and the department in Sacramento of the petition within 60 days after the notice of filing of the petition. The department shall file a full report with the court and shall appear before the court for the purpose of representing the child. Whenever a final decree of tribal customary adoption has been vacated or set aside, the child shall be returned to the custody of the county in which the proceeding for tribal customary adoption was finalized. The biological parent or parents of the child may petition for return of custody. The disposition of the child after the court has entered an order to set aside a tribal customary adoption shall include consultation with the childs tribe.
(B)Notwithstanding any other law, an adoption case file, including a juvenile case file, as defined in subdivision (e) of Section 827, may be inspected and copied by the department for the purpose of completing the duties pursuant to this paragraph.
(f)At the beginning of any proceeding pursuant to this section, if the child or the parents are not being represented by previously retained or appointed counsel, the court shall proceed as follows:
(1)In accordance with subdivision (c) of Section 317, if a child before the court is without counsel, the court shall appoint counsel unless the court finds that the child would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless this representation is knowingly and intelligently waived. The same counsel shall not be appointed to represent both the child and their parent. The public defender or private counsel may be appointed as counsel for the parent.
(3)Private counsel appointed under this section shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. The amount shall be paid by the real parties in interest, other than the child, in any proportions the court deems just. However, if the court finds that any of the real parties in interest are unable to afford counsel, the amount shall be paid out of the general fund of the county.
(g)The court may continue the proceeding for a period of time not to exceed 30 days as necessary to appoint counsel, and to enable counsel to become acquainted with the case.
(h)(1)At all proceedings under this section, the court shall consider the wishes of the child and shall act in the best interests of the child.
(2)In accordance with Section 349, the child shall be present in court if the child or the childs counsel so requests or the court so orders. If the child is 10 years of age or older and is not present at a hearing held pursuant to this section, the court shall determine whether the minor was properly notified of their right to attend the hearing and inquire as to the reason why the child is not present.
(3)(A)The testimony of the child may be taken in chambers and outside the presence of the childs parent or parents, if the childs parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist:
(i)The court determines that testimony in chambers is necessary to ensure truthful testimony.
(ii)The child is likely to be intimidated by a formal courtroom setting.
(iii)The child is afraid to testify in front of their parent or parents.
(B)After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents.
(C)The testimony of a child also may be taken in chambers and outside the presence of the guardian or guardians of a child under the circumstances specified in this subdivision.
(i)(1)Any order of the court permanently terminating parental rights under this section shall be conclusive and binding upon the child, upon the parent or parents and, parents, and upon all other persons who have been served with citation by publication or otherwise as provided in this chapter. Except as provided in Section 366.30, after making the order, the juvenile court shall have no power to set aside, change, or modify it, except as provided in paragraph (2), but nothing in this section shall be construed to limit the right to appeal the order.
(2)A tribal customary adoption order evidencing that the Indian child has been the subject of a tribal customary adoption shall be afforded full faith and credit and shall have the same force and effect as an order of adoption authorized by this section. The rights and obligations of the parties as to the matters determined by the Indian childs tribe shall be binding on all parties. A court shall not order compliance with the order absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith, in family mediation services of the court or dispute resolution through the tribe regarding the conflict, prior to the filing of the enforcement action.
(j)If the court, by order or judgment, declares the child free from the custody and control of both parents, or one parent if the other does not have custody and control, or declares the child eligible for tribal customary adoption, the court shall at the same time order the child referred to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoptive placement by the agency. However, except in the case of a tribal customary adoption where there is no termination of parental rights, a petition for adoption may not be granted until the appellate rights of the natural parents have been exhausted. The State Department of Social Services, county adoption agency, or licensed adoption agency shall be responsible for the custody and supervision of the child and shall be entitled to the exclusive care and control of the child at all times until a petition for adoption or tribal customary adoption is granted, except as specified in subdivision (n). With the consent of the agency, the court may appoint a guardian of the child, who shall serve until the child is adopted.
(k)(1)Notwithstanding any other law, the application of any person who, as a relative caretaker or foster parent, has cared for a dependent child for whom the court has approved a permanent plan for adoption, or who has been freed for adoption, shall be given preference with respect to that child over all other applications for adoptive placement if the agency making the placement determines that the child has substantial emotional ties to the relative caretaker or foster parent and removal from the relative caretaker or foster parent would be seriously detrimental to the childs emotional well-being.
(2)As used in this subdivision, preference means that the application shall be processed and, if satisfactory, the family study shall be completed before the processing of the application of any other person for the adoptive placement of the child.
(l)(1)An order by the court that a hearing pursuant to this section be held is not appealable at any time unless all of the following apply:
(A)A petition for extraordinary writ review was filed in a timely manner.
(B)The petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record.
(C)The petition for extraordinary writ review was summarily denied or otherwise not decided on the merits.
(2)Failure to file a petition for extraordinary writ review within the period specified by rule, to substantively address the specific issues challenged, or to support that challenge by an adequate record shall preclude subsequent review by appeal of the findings and orders made pursuant to this section.
(3)The Judicial Council shall adopt rules of court, effective January 1, 1995, to ensure all of the following:
(A)A trial court, after issuance of an order directing a hearing pursuant to this section be held, shall advise all parties of the requirement of filing a petition for extraordinary writ review as set forth in this subdivision in order to preserve any right to appeal in these issues.
(i)If a party is present at the time of the making of the order, the notice shall be made orally to the party.
(ii)If the party is not present at the time of making the order, the notice shall be made by the clerk of the court by first-class mail to the last known address of a party or by electronic service pursuant to Section 212.5. If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served pursuant to Section 212.5, but only in addition to service of the notice by first-class mail.
(B)The prompt transmittal of the records from the trial court to the appellate court.
(C)That adequate time requirements for counsel and court personnel exist to implement the objective of this subdivision.
(D)That the parent or guardian, or their trial counsel or other counsel, is charged with the responsibility of filing a petition for extraordinary writ relief pursuant to this subdivision.
(4)The intent of this subdivision is to do both of the following:
(A)Make every reasonable attempt to achieve a substantive and meritorious review by the appellate court within the time specified in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant to this section.
(B)Encourage the appellate court to determine all writ petitions filed pursuant to this subdivision on their merits.
(5)This subdivision shall only apply to cases in which an order to set a hearing pursuant to this section is issued on or after January 1, 1995.
(m)Except for subdivision (j), this section shall also apply to minors adjudged wards pursuant to Section 727.31.
(n)(1)Notwithstanding Section 8704 of the Family Code or any other law, the court, at a hearing held pursuant to this section or anytime thereafter, may designate a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least one step to facilitate the adoption process. In determining whether to make that designation, the court may take into consideration whether the caretaker is listed in the preliminary assessment prepared by the county department in accordance with subdivision (i) of Section 366.21 as an appropriate person to be considered as an adoptive parent for the child and the recommendation of the State Department of Social Services, county adoption agency, or licensed adoption agency.
(2)For purposes of this subdivision, steps to facilitate the adoption process include, but are not limited to, the following:
(A)Applying for an adoption homestudy.
(B)Cooperating with an adoption homestudy.
(C)Being designated by the court or the adoption agency as the adoptive family.
(D)Requesting de facto parent status.
(E)Signing an adoptive placement agreement.
(F)Engaging in discussions regarding a postadoption contact agreement.
(G)Working to overcome any impediments that have been identified by the State Department of Social Services, county adoption agency, or licensed adoption agency.
(H)Attending classes required of prospective adoptive parents.
(3)Prior to a change in placement and as soon as possible after a decision is made to remove a child from the home of a designated prospective adoptive parent, the agency shall notify the court, the designated prospective adoptive parent parent, or the current caretaker, if that caretaker would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of this notice, the childs attorney, the child, if the child is 10 years of age or older, and, where it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, the childs tribe, of the proposal in the manner described in Section 16010.6.
(A)Within five court days or seven calendar days, whichever is longer, of the date of notification, the child, the childs attorney, the childs tribe, or the designated prospective adoptive parent may file a petition with the court objecting to the proposal to remove the child, or the court, upon its own motion, may set a hearing regarding the proposal. The court may, for good cause, extend the filing period. A caretaker who would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of the notice of proposed removal of the child may file, together with the petition under this subparagraph, a petition for an order designating the caretaker as a prospective adoptive parent for purposes of this subdivision.
(B)A hearing ordered pursuant to this paragraph shall be held as soon as possible and not later than five court days after the petition is filed with the court or the court sets a hearing upon its own motion, unless the court for good cause is unable to set the matter for hearing five court days after the petition is filed, in which case the court shall set the matter for hearing as soon as possible. At the hearing, the court shall determine whether the caretaker has met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1), and whether the proposed removal of the child from the home of the designated prospective adoptive parent is in the childs best interest, and the child may not be removed from the home of the designated prospective adoptive parent unless the court finds that removal is in the childs best interest. If the court determines that the caretaker did not meet the threshold criteria to be designated as a prospective adoptive parent on the date of service of the notice of proposed removal of the child, the petition objecting to the proposed removal filed by the caretaker shall be dismissed. If the caretaker was designated as a prospective adoptive parent prior to this hearing, the court shall inquire into any progress made by the caretaker towards the adoption of the child since the caretaker was designated as a prospective adoptive parent.
(C)A determination by the court that the caretaker is a designated prospective adoptive parent pursuant to paragraph (1) or subparagraph (B) does not make the caretaker a party to the dependency proceeding nor does it confer on the caretaker any standing to object to any other action of the department, county adoption agency, or licensed adoption agency, unless the caretaker has been declared a de facto parent by the court prior to the notice of removal served pursuant to paragraph (3).
(D)If a petition objecting to the proposal to remove the child is not filed, and the court, upon its own motion, does not set a hearing, the child may be removed from the home of the designated prospective adoptive parent without a hearing.
(4)Notwithstanding paragraph (3), if the State Department of Social Services, county adoption agency, or licensed adoption agency determines that the child must be removed from the home of the caretaker who is or may be a designated prospective adoptive parent immediately, due to a risk of physical or emotional harm, the agency may remove the child from that home and is not required to provide notice prior to the removal. However, as soon as possible and not longer than two court days after the removal, the agency shall notify the court, the caretaker who is or may be a designated prospective adoptive parent, the childs attorney, and the child, if the child is 10 years of age or older, of the removal. Within five court days or seven calendar days, whichever is longer, of the date of notification of the removal, the child, the childs attorney, or the caretaker who is or may be a designated prospective adoptive parent may petition for, or the court on its own motion may set, a noticed hearing pursuant to paragraph (3). The court may, for good cause, extend the filing period.
(5)Except as provided in subdivision (b) of Section 366.28, an order by the court issued after a hearing pursuant to this subdivision shall not be appealable.
(6)Nothing in this section shall preclude a county child protective services agency from fully investigating and responding to alleged abuse or neglect of a child pursuant to Section 11165.5 of the Penal Code.
(7)When an Indian child is removed from the home of a prospective adoptive parent pursuant to this section, the placement preferences contained in Section 361.31 and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) apply to the subsequent placement of the child.
(8)The Judicial Council shall prepare forms to facilitate the filing of the petitions described in this subdivision, which shall become effective on January 1, 2006.
SEC. 4.Section 366.30 is added to the Welfare and Institutions Code, immediately following Section 366.29, to read:366.30.(a)A child or nonminor dependent who meets one of the following descriptions may petition the juvenile court to reinstate or modify parental rights pursuant to Section 388:
(1)A child or nonminor dependent who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined adoption is no longer the permanent plan.
(2)A child for whom the parental rights of their biological parent or parents were terminated, who was subsequently adopted, and for whom the parental rights of their adoptive parent or parents have been terminated.
(3)A nonminor dependent for whom the court assumed dependency jurisdiction based on a petition filed pursuant to paragraphs paragraph (3) or (4) of subdivision (a) of Section 388.1.
(4)An Indian child as defined in Section 224.1, for whom the parental rights of their biological parent or parents were modified by a tribal customary adoption, who was subsequently adopted, and for whom the parental rights of their adoptive parent or parents have been modified or terminated, or who are in agreement with the modification of parental rights.
(5)A nonminor dependent for whom the parental rights of their biological parent or parents were modified by a tribal customary adoption and who was subsequently adopted.
(b)A child or nonminor dependent described in paragraph (1) of subdivision (a) may file the petition prior to the expiration of the three-year period required pursuant to paragraph (1) of subdivision (a) if the State Department of Social Services, county adoption agency, or licensed adoption agency that is responsible for custody and supervision of the child or nonminor dependent as described in subdivision (j) of Section 366.26 and the child or nonminor dependent stipulate that the child or nonminor dependent is no longer likely to be adopted.
(c)A child over 12 years of age or nonminor dependent shall sign the petition in the absence of a showing of good cause as to why the child could not do so.
(d)If it appears that the best interests of the child or nonminor dependent may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs or nonminor dependents attorney of record, or, if there is no attorney of record for the child or nonminor dependent, to the child or nonminor dependent, and the childs or nonminor dependents tribe, if applicable, by means described in subdivision (c) of Section 297. The court shall order the child or nonminor dependent, or the social worker or probation officer, to give prior notice of the hearing to the childs or nonminor dependents former parent or parents whose parental rights were terminated in the manner required by subdivision (f) of Section 294 when the recommendation is adoption.
(e)(1)For a child or nonminor dependent described in paragraph (1), (2), or (3) of subdivision (a), the juvenile court shall grant the petition if it finds by clear and convincing evidence that reinstatement of parental rights is in the childs or nonminor dependents best interest.
(2)For a child or nonminor dependent described in paragraph (4) or (5) of subdivision (a), the juvenile court shall resume dependency jurisdiction to provide the childs or nonminor dependents tribe an opportunity to modify the tribal customary adoption order. The juvenile court shall grant the modified tribal customary adoption order full faith and credit when the tribe files as described in paragraph (6) of subdivision (c) of Section 366.24.
(3)If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights.
(f)This subdivision shall be retroactive and shall apply to any child or nonminor dependent who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
(g)A nonminor dependent whose biological parents or parents rights have been reinstated pursuant to this section may waive the termination of the parental duties and responsibilities of an existing adoptive parent or parents by signing a waiver at any time prior to the reinstatement of parental rights. The waiver may be included in the petition for reinstatement of parental rights or in a separate writing filed with the court.
SEC. 5.Section 366.3 of the Welfare and Institutions Code is amended to read:366.3.(a)(1)If a juvenile court orders a permanent plan of adoption, tribal customary adoption, adoption of a nonminor dependent pursuant to subdivision (f) of Section 366.31, or legal guardianship pursuant to Section 360 or 366.26, the court shall retain jurisdiction over the child or nonminor dependent until the child or nonminor dependent is adopted or the legal guardianship is established, except as provided for in Section 366.29 or, on and after January 1, 2012, Section 366.32. The status of the child or nonminor dependent shall be reviewed every six months to ensure that the adoption or legal guardianship is completed as expeditiously as possible. Following a termination of parental rights, the parent or parents shall not be a party to, or receive notice of, any subsequent proceedings regarding the child.
(2)When the adoption of the child or nonminor dependent has been granted, or in the case of a tribal customary adoption, when the tribal customary adoption order has been afforded full faith and credit and the petition for adoption has been granted, the court shall terminate its jurisdiction over the child or nonminor dependent.
(3)Following establishment of a legal guardianship, the court may continue jurisdiction over the child as a dependent child of the juvenile court or may terminate its dependency jurisdiction and retain jurisdiction over the child as a ward of the legal guardianship, as authorized by Section 366.4. If, however, a relative or nonrelative extended family member of the child is appointed the legal guardian of the child and the guardians home has been approved pursuant to Section 16519.5 for at least six months, the court shall, except if the relative or nonrelative extended family member guardian objects, or upon a finding of exceptional circumstances, terminate its dependency jurisdiction and retain jurisdiction over the child as a ward of the guardianship, as authorized by Section 366.4.
(b)(1)If the court has dismissed dependency jurisdiction following the establishment of a legal guardianship, or no dependency jurisdiction attached because of the granting of a legal guardianship pursuant to Section 360, and the legal guardianship is subsequently revoked or otherwise terminated, the county welfare department shall notify the juvenile court of this fact. The court may vacate its previous order dismissing dependency jurisdiction over the child.
(2)Notwithstanding Section 1601 of the Probate Code, the proceedings to terminate a legal guardianship that has have been granted pursuant to Section 360 or 366.26 shall be held either in the juvenile court that retains jurisdiction over the guardianship, as authorized by Section 366.4, or the juvenile court in the county where the guardian and child currently reside, based on the best interests of the child, unless the termination is due to the emancipation or adoption of the child. The juvenile court having jurisdiction over the guardianship shall receive notice from the court in which the petition is filed within five calendar days of the filing. Prior to the hearing on a petition to terminate legal guardianship pursuant to this subdivision, the court shall order the county welfare department having jurisdiction or jointly with the county department where the guardian and child currently reside to prepare a report, for the courts consideration, that shall include an evaluation of whether the child could safely remain in, or be returned to, the legal guardians home, without terminating the legal guardianship, if services were provided to the child or legal guardian. If applicable, the report shall also identify recommended family maintenance or reunification services to maintain the legal guardianship and set forth a plan for providing those services. If the petition to terminate legal guardianship is granted, either juvenile court may resume dependency jurisdiction over the child, and may order the county welfare department to develop a new permanent plan, which shall be presented to the court within 60 days of the termination. If no dependency jurisdiction has attached, the social worker shall make any investigation the social worker deems necessary to determine whether the child may be within the jurisdiction of the juvenile court, as provided in Section 328.
(3)Unless the parental rights of the childs parent or parents have been terminated, they shall be notified that the legal guardianship has been revoked or terminated and shall be entitled to participate in the new permanency planning hearing. The court shall try to place the child in another permanent placement. At the hearing, the parents may be considered as custodians but the child shall not be returned to the parent or parents unless they prove, by a preponderance of the evidence, that reunification is the best alternative for the child. The court may, if it is in the best interests of the child, order that reunification services again be provided to the parent or parents.
(c)If, following the establishment of a legal guardianship, the county welfare department becomes aware of changed circumstances that indicate adoption or, for an Indian child, tribal customary adoption, may be an appropriate plan for the child, the department shall so notify the court. The court may vacate its previous order dismissing dependency jurisdiction over the child and order that a hearing be held pursuant to Section 366.26 to determine whether adoption or continued legal guardianship is the most appropriate plan for the child. The hearing shall be held no later than 120 days from the date of the order. If the court orders that a hearing shall be held pursuant to Section 366.26, the court shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services if it is acting as an adoption agency, to prepare an assessment under subdivision (b) of Section 366.22.
(d)(1)If the child or nonminor dependent is in a placement other than the home of a legal guardian and jurisdiction has not been dismissed, the status of the child shall be reviewed at least every six months. The review of the status of a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption shall be conducted by the court. The review of the status of a child or nonminor dependent for whom the court has not ordered parental rights terminated and who has not been ordered placed for adoption may be conducted by the court or an appropriate local agency. The court shall conduct the review under the following circumstances:
(A)Upon the request of the childs parents or legal guardians.
(B)Upon the request of the child or nonminor dependent.
(C)It has been 12 months since a hearing held pursuant to Section 366.26 or an order that the child remain in foster care pursuant to Section 366.21, 366.22, 366.25, 366.26, or subdivision (h).
(D)It has been 12 months since a review was conducted by the court.
(2)The court shall determine whether or not reasonable efforts to make and finalize a permanent placement for the child have been made.
(e)Except as provided in subdivision (g), at the review held every six months pursuant to subdivision (d), the reviewing body shall inquire about the progress being made to provide a permanent home for the child, shall consider the safety of the child, and shall determine all of the following:
(1)The continuing necessity for, and appropriateness of, the placement. If the child is placed in a short-term residential therapeutic program on or after October 1, 2021, or a community treatment facility on or after July 1, 2022, the court shall consider the evidence and documentation submitted pursuant to subdivision (l) of Section 366.1 in making this determination.
(2)Identification of individuals other than the childs siblings who are important to a child who is 10 years of age or older and has been in out-of-home placement for six months or longer, and actions necessary to maintain the childs relationship relationships with those individuals, provided that those relationships are in the best interest of the child. The social worker shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, as appropriate. The social worker shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(3)The continuing appropriateness and extent of compliance with the permanent plan for the child, including efforts to maintain relationships between a child who is 10 years of age or older and who has been in out-of-home placement for six months or longer and individuals who are important to the child and efforts to identify a prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment efforts and listing on an adoption exchange.
(4)The extent of the agencys compliance with the child welfare services case plan in making reasonable efforts either to return the child to the safe home of the parent or to complete whatever steps are necessary to finalize the permanent placement of the child. If the reviewing body determines that a second period of reunification services is in the childs best interests, and that there is a significant likelihood of the childs return to a safe home due to changed circumstances of the parent, pursuant to subdivision (f), the specific reunification services required to effect the childs return to a safe home shall be described.
(5)Whether there should be any limitation on the right of the parent or guardian to make educational decisions or developmental services decisions for the child. That limitation shall be specifically addressed in the court order and may not exceed what is necessary to protect the child. If the court specifically limits the right of the parent or guardian to make educational decisions or developmental services decisions for the child, the court shall at the same time appoint a responsible adult to make educational decisions or developmental services decisions for the child pursuant to Section 361.
(6)The adequacy of services provided to the child. The court shall consider the progress in providing the information and documents to the child, as described in Section 391. The court shall also consider the need for, and progress in providing, the assistance and services described in Section 391.
(7)The extent of progress the parents or legal guardians have made toward alleviating or mitigating the causes necessitating placement in foster care.
(8)The likely date by which the child may be returned to, and safely maintained in, the home, placed for adoption, legal guardianship, placed with a fit and willing relative, or, for an Indian child, in consultation with the childs tribe, placed for tribal customary adoption, or, if the child is 16 years of age or older, and no other permanent plan is appropriate at the time of the hearing, in another planned permanent living arrangement.
(9)(A)Whether the child has any siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(i)The nature of the relationship between the child and their siblings.
(ii)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002. At the first review conducted for a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, the court shall inquire into the status of the development of a voluntary postadoption sibling contact agreement pursuant to subdivision (e) of Section 16002.
(iii)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(iv)If the siblings are not placed together, all of the following:
(I)The frequency and nature of the visits between the siblings.
(II)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(III)If there are visits between the siblings, a description of the location and length of the visits.
(IV)Any plan to increase visitation between the siblings.
(v)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(B)The factors the court may consider as indicators of the nature of the childs sibling relationships include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(10)For a child who is 14 years of age or older and for a nonminor dependent, the services needed to assist the child or nonminor dependent to make the transition from foster care to successful adulthood.
(11)Whether or not reasonable efforts to make and finalize a permanent placement for the child have been made.
Each licensed foster family agency shall submit reports for each child in its care, custody, and control to the court concerning the continuing appropriateness and extent of compliance with the childs permanent plan, the extent of compliance with the case plan, and the type and adequacy of services provided to the child.
(f)Unless their parental rights have been permanently terminated, the parent or parents of the child are entitled to receive notice of, and participate in, those hearings. It shall be presumed that continued care is in the best interests of the child, unless the parent or parents prove, by a preponderance of the evidence, that further efforts at reunification are the best alternative for the child. In those cases, the court may order that further reunification services to return the child to a safe home environment be provided to the parent or parents up to a period of six months, and family maintenance services, as needed for an additional six months in order to return the child to a safe home environment. This subdivision shall not apply to the parents of a nonminor dependent.
(g)At the review conducted by the court and held at least every six months, regarding a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, or, for an Indian child for whom parental rights are not being terminated and a tribal customary adoption is being considered, the county welfare department shall prepare and present to the court a report describing the following:
(1)The childs present placement.
(2)The childs current physical, mental, emotional, and educational status.
(3)If the child has not been placed with a prospective adoptive parent or guardian, identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship relationships with those individuals, provided that those relationships are in the best interest of the child. The agency shall ask every child who is 10 years of age or older to identify any individuals who are important to the child, consistent with the childs best interest, and may ask any child who is younger than 10 years of age to provide that information as appropriate. The agency shall make efforts to identify other individuals who are important to the child.
(4)Whether the child has been placed with a prospective adoptive parent or parents.
(5)Whether an adoptive placement agreement has been signed and filed.
(6)If the child has not been placed with a prospective adoptive parent or parents, the efforts made to identify an appropriate prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment efforts and listing on an adoption exchange.
(7)If applicable, the status of the postadoptive sibling contact agreement pursuant to Section 366.29.
(8)The progress of the search for an adoptive placement if one has not been identified.
(9)Any impediments to the adoption or the adoptive placement.
(10)The anticipated date by which the child will be adopted or placed in an adoptive home.
(11)The anticipated date by which an adoptive placement agreement will be signed.
(12)Recommendations for court orders that will assist in the placement of the child for adoption or in the finalization of the adoption.
The court shall determine whether or not reasonable efforts to make and finalize a permanent placement for the child have been made.
The court shall make appropriate orders to protect the stability of the child and to facilitate and expedite the permanent placement and adoption of the child.
(h)(1)At the review held pursuant to subdivision (d) for a child in foster care, the court shall consider all permanency planning options for the child including whether the child should be returned to the home of the parent, placed for adoption, or, for an Indian child, in consultation with the childs tribe, placed for tribal customary adoption, or appointed a legal guardian, placed with a fit and willing relative, or, if compelling reasons exist for finding that none of the foregoing options are in the best interest of the child and the child is 16 years of age or older, whether the child should be placed in another planned permanent living arrangement. The court shall order that a hearing be held pursuant to Section 366.26, unless it determines by clear and convincing evidence that there is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interest of the child because the child is being returned to the home of the parent, the child is not a proper subject for adoption, or no one is willing to accept legal guardianship as of the hearing date. If the county adoption agency, or the department when it is acting as an adoption agency, has determined it is unlikely that the child will be adopted or one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, that fact shall constitute a compelling reason for purposes of this subdivision. Only upon that determination may the court order that the child remain in foster care, without holding a hearing pursuant to Section 366.26. The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. The nonminor dependents legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26.
(2)When the child is 16 years of age or older and in another planned permanent living arrangement, the court shall do all of the following:
(A)Ask the child about their desired permanency outcome.
(B)Make a judicial determination explaining why, as of the hearing date, another planned permanent living arrangement is the best permanency plan for the child.
(C)State for the record the compelling reason or reasons why it continues not to be in the best interest of the child to return home, be placed for adoption, be placed for tribal customary adoption in the case of an Indian child, be placed with a legal guardian, or be placed with a fit and willing relative.
(3)When the child is 16 years of age or older and is in another planned permanent living arrangement, the social study prepared for the hearing shall include a description of all of the following:
(A)The intensive and ongoing efforts to return the child to the home of the parent, place the child for adoption, or establish a legal guardianship, as appropriate.
(B)The steps taken to do both of the following:
(i)Ensure that the childs care provider is following the reasonable and prudent parent standard.
(ii)Determine whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consulting with the child about opportunities for the child to participate in those activities.
(4)When the child is under 16 years of age and has a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, the social study shall include a description of any barriers to achieving the permanent plan and the efforts made by the agency to address those barriers.
(i)If, as authorized by subdivision (h), the court orders a hearing pursuant to Section 366.26, the court shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment, as provided for in subdivision (i) of Section 366.21 or subdivision (b) of Section 366.22. A hearing held pursuant to Section 366.26 shall be held no later than 120 days from the date of the 12-month review at which it is ordered, and at that hearing the court shall determine whether adoption, tribal customary adoption, legal guardianship, placement with a fit and willing relative, or, for a child 16 years of age or older, another planned permanent living arrangement is the most appropriate plan for the child. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child and tribal customary adoption is recommended as the permanent plan. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement. At the request of the nonminor dependent who has an established relationship with an adult determined to be the nonminor dependents permanent connection, the court may order adoption of the nonminor dependent pursuant to subdivision (f) of Section 366.31.
(j)The reviews conducted pursuant to subdivision (a) or (d) may be conducted earlier than every six months if the court determines that an earlier review is in the best interests of the child or as court rules prescribe.
(k)On and after October 1, 2021, for reviews conducted pursuant to subdivision (a) or (d) for the child whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for reviews conducted pursuant to subdivision (a) or (d) for the child whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the report prepared for the review shall include evidence of all of the following:
(1)Ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate care setting in the least restrictive environment, and the placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the child.
(2)Documentation of the childs specific treatment or service needs that will be met in the placement and the length of time the child is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation.
(3)Documentation of the intensive and ongoing efforts made by the child welfare department, consistent with the childs permanency plan, to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a resource family home or tribally approved home, or in another appropriate family-based setting.
SEC. 6.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 childs 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 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 childs sibling relationship so that when a child has been removed from the childs home and the child has a sibling or siblings who remain in the custody of a parent subject to the courts 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 the social worker or probation officer 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. The physical capacity of the home shall not be the sole reason to deny placement of a sibling group if each child in the home has an age-appropriate place to sleep and there are no other safety risks.
(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 the childs 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, the person 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) when 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)(A)The county placing agency shall convene a meeting with the child, the sibling or siblings of the child, the prospective adoptive parent or parents, and a facilitator to discuss a postadoption sibling contact agreement pursuant to Section 8616.5 of the Family Code within 90 days after termination of parental rights and prior to finalization of the adoption. The facilitator shall ensure that all parties are aware of the benefits of postadoption contact between siblings, the spectrum of postadoption contact options, and the requirements under Section 9205 of the Family Code. The county placing agency may comply with the requirements of this paragraph by allowing a nonprofit organization authorized to provide permanency placement and postadoption mediation for adoptive and birth families to facilitate the meeting and develop the agreement. If a postadoption contact agreement is executed, the agreement shall be provided to all parties and to the court prior to the finalization of the adoption.
(B)Counsel to the child and counsel to the siblings who are dependents of the court shall be notified of, and may attend, the meeting described in this paragraph.
(C)This paragraph does not require attendance by a child, sibling, or other party at a meeting to execute a postadoption sibling contact agreement pursuant to Section 8616.5 of the Family Code if the child, sibling, or other party cannot be located or does not wish to attend the meeting. This paragraph shall not prohibit a county placing agency from convening a meeting if not all of the parties are secured to attend.
(D)Notwithstanding the requirements of subparagraph (A), the county placing agency shall not be required to convene a meeting if either of the following occur:
(i)The court, at the hearing to terminate parental rights, after considering the recommendation, if any, of the county placing agency, determines by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of the child.
(ii)A child being placed for adoption informs the court that they do not wish to enter into a postadoption sibling contact agreement.
(E)Compliance with, and enforceability of, an executed postadoption sibling contact agreement shall be subject to Section 366.29.
(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 person related to the identified child 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 (CWS/CMS) is implemented on a statewide basis.
SEC. 7.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(a)The Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, after being adopted. Postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when contact is beneficial to the children and the agreements are voluntarily executed by birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and adoptive parents. Nothing in this section requires all of the listed parties to participate in the development of a postadoption contact agreement in order for the agreement to be executed.
(b)(1)Nothing in the adoption laws of this state shall be construed to prevent the adopting parent or parents, the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child from voluntarily executing a written agreement to permit continuing contact between the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child if the agreement is found by the court to have been executed voluntarily and to be in the best interests of the child at the time the adoption petition is granted.
(2)The terms of any postadoption contact agreement executed under this section shall be limited to, but need not include, all of the following:
(A)Provisions for visitation between the child and a birth parent or parents and other birth relatives, including siblings, and the childs Indian tribe if the case is governed by the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(B)Provisions for future contact between a birth parent or parents or other birth relatives, including siblings, or both, and the child or an adoptive parent, or both, and in cases governed by the Indian Child Welfare Act, the childs Indian tribe.
(C)Provisions for the sharing of information about the child in the future.
(3)The terms of any postadoption contact agreement with birth relatives, including siblings, other than the childs birth parent or parents or siblings, shall be limited to the sharing of information about the child, unless the child has a preexisting relationship with the birth relative.
(c)At the time an adoption decree is entered pursuant to a petition filed pursuant to Section 8714, 8714.5, 8802, 8912, or 9000, the court entering the decree may grant postadoption privileges if an agreement for those privileges has been executed, including agreements executed pursuant to subdivision (f) of Section 8620. The hearing to grant the adoption petition and issue an order of adoption may be continued as necessary to permit parties who are in the process of negotiating a postadoption agreement to reach a final agreement.
(d)The child who is the subject of the adoption petition shall be considered a party to the postadoption contact agreement. The written consent to the terms and conditions of the postadoption contact agreement and any subsequent modifications of the agreement by a child who is 12 years of age or older is a necessary condition to the granting of privileges regarding visitation, contact, or sharing of information about the child, unless the court finds by a preponderance of the evidence that the agreement, as written, is in the best interests of the child. Any child who has been found to come within Section 300 of the Welfare and Institutions Code or who is the subject of a petition for jurisdiction of the juvenile court under Section 300 of the Welfare and Institutions Code shall be represented by an attorney for purposes of consent to the postadoption contact agreement.
(e)A postadoption contact agreement shall contain the following warnings in bold type:
(1)After the adoption petition has been granted by the court, the adoption cannot be set aside due to the failure of an adopting parent, a birth parent, a birth relative, including a sibling, an Indian tribe, or the child to follow the terms of this agreement or a later change to this agreement.
(2)A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child.
(3)A court will not act on a petition to change or enforce this agreement unless the petitioner has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute.
(f)Upon the granting of the adoption petition and the issuing of the order of adoption of a child who is a dependent of the juvenile court, juvenile court dependency jurisdiction shall be terminated. Enforcement of the postadoption contact agreement shall be under the continuing jurisdiction of the court granting the petition of adoption. The court may shall not order compliance with the agreement absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict, prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child. Documentary evidence or offers of proof may serve as the basis for the courts decision regarding enforcement. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(g)The court may not award monetary damages as a result of the filing of the civil action pursuant to subdivision (e).
(h)A postadoption contact agreement may be modified or terminated only if either of the following occurs:
(1)All parties, including the child if the child is 12 years of age or older at the time of the requested termination or modification, have signed a modified postadoption contact agreement and the agreement is filed with the court that granted the petition of adoption.
(2)The court finds all of the following:
(A)The termination or modification is necessary to serve the best interests of the child.
(B)There has been a substantial change of circumstances since the original agreement was executed and approved by the court.
(C)The party seeking the termination or modification has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings prior to seeking court approval of the proposed termination or modification.
Documentary evidence or offers of proof may serve as the basis for the courts decision. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the childs home to the detriment of the child.
(i)All costs and fees of mediation or other appropriate dispute resolution proceedings shall be borne by each party, excluding the child. All costs and fees of litigation shall be borne by the party filing the action to modify or enforce the agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing agreement shall bear all the costs and fees of litigation.
(j)The Judicial Council shall adopt rules of court and forms for motions to enforce, terminate, or modify postadoption contact agreements.
(k)The court shall not set aside a decree of adoption, rescind a relinquishment, or modify an order to terminate parental rights or any other prior court order because of the failure of a birth parent, adoptive parent, birth relative, including a sibling, an Indian tribe, or the child to comply with any or all of the original terms of, or subsequent modifications to, the postadoption contact agreement, except as follows:
(1)Prior to issuing the order of adoption, in an adoption involving an Indian child, the court may, upon a petition of the birth parent, birth relative, including a sibling, or an Indian tribe, order the parties to engage in family mediation services for the purpose of reaching a postadoption contact agreement if the prospective adoptive parent fails to negotiate in good faith to execute a postadoption contact agreement, after having agreed to enter into negotiations, provided that the failure of the parties to reach an agreement is not in and of itself proof of bad faith.
(2)Prior to issuing the order of adoption, if the parties fail to negotiate in good faith to execute a postadoption contact agreement during the negotiations entered into pursuant to, and in accordance with, paragraph (1), the court may modify prior orders or issue new orders as necessary to ensure the best interest of the Indian child is met, including, but not limited to, requiring parties to engage in further family mediation services for the purpose of reaching a postadoption contact agreement, initiating guardianship proceeding in lieu of adoption, or authorizing a change of adoptive placement for the child.
(l)As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.
SEC. 2.Section 294 of the Welfare and Institutions Code is amended to read:294.The social worker or probation officer shall give notice of a selection and implementation hearing held pursuant to Section 366.26 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The fathers, presumed and alleged.
(3)The Indian custodian, if it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1.
(4)The child, if the child is 10 years of age or older.
(5)The childs tribe, if known, and any tribe in which the child may be a member or eligible for membership if the specific tribe is not known, and it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1.
(6)Any known sibling of the child who is the subject of the hearing if that sibling either is the subject of a dependency proceeding or proceeding, has been adjudged to be a dependent child of the juvenile court. court, or is a nonminor dependent. If the sibling is 10 years of age or older, the sibling, the siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.
(7)The grandparents of the child, if their address is known and if the parents whereabouts are unknown.
(8)All counsel of record.
(9)To any unknown parent by publication, if ordered by the court pursuant to paragraph (2) of subdivision (g).
(10)The current caregiver of the child, including foster parents, relative caregivers, preadoptive parents, nonrelative extended family members, or resource family. Any person notified may attend all hearings and may submit any information he or she the person deems relevant to the court in writing.
(b)The following persons shall not be notified of the hearing:
(1)A parent who has relinquished the child to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoption, and the relinquishment has been accepted and filed with notice as required under Section 8700 of the Family Code.
(2)An alleged father who has denied paternity and has executed a waiver of the right to notice of further proceedings.
(3)A parent whose parental rights have been terminated.
(c)(1)Service of the notice shall be completed at least 45 days before the hearing date. Service is deemed complete at the time the notice is personally delivered to the person named in the notice or 10 days after the notice has been placed in the mail or sent by electronic mail, or at the expiration of the time prescribed by the order for publication.
(2)Service of notice in cases where publication is ordered shall be completed at least 30 days before the date of the hearing.
(d)Regardless of the type of notice required, or the manner in which it is served, once the court has made the initial finding that notice has properly been given to the parent, or to any person entitled to receive notice pursuant to this section, subsequent notice for any continuation of a Section 366.26 hearing may be by first-class mail to any last known address, by an order made pursuant to Section 296, by electronic service pursuant to Section 212.5, or by any other means that the court determines is reasonably calculated, under any circumstance, to provide notice of the continued hearing. However, if the recommendation changes from the recommendation contained in the notice previously found to be proper, notice shall be provided to the parent, and to any person entitled to receive notice pursuant to this section, regarding that subsequent hearing.
(e)The notice shall contain the following information:
(1)The date, time, and place of the hearing.
(2)The right to appear.
(3)The parents right to counsel.
(4)The nature of the proceedings.
(5)The recommendation of the supervising agency.
(6)A statement that, at the time of hearing, the court is required to select a permanent plan of adoption, legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, for the child.
(f)Notice to the parents may be given in any one of the following manners:
(1)If the parent is present at the hearing at which the court schedules a hearing pursuant to Section 366.26, the court shall advise the parent of the date, time, and place of the proceedings, their right to counsel, the nature of the proceedings, and the requirement that at the proceedings the court shall select and implement a plan of adoption, legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter only by first-class mail to the parents usual place of residence or business, or by electronic service pursuant to Section 212.5.
(2)Certified mail, return receipt requested, to the parents last known mailing address. This notice shall be sufficient if the child welfare agency receives a return receipt signed by the parent.
(3)Personal service to the parent named in the notice.
(4)Delivery to a competent person who is at least 18 years of age at the parents usual place of residence or business, and thereafter served on the parent named in the notice by first-class mail at the place where the notice was delivered or by electronic service pursuant to Section 212.5.
(5)If the residence of the parent is outside the state, service may be made as described in paragraph (1), (3), or (4) or by certified mail, return receipt requested.
(6)If the recommendation of the probation officer or social worker is legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, service may be made by first-class mail to the parents usual place of residence or business or by electronic service pursuant to Section 212.5. In the case of an Indian child, if the recommendation of the probation officer or social worker is tribal customary adoption, service may be made by first-class mail to the parents usual place of residence or business.
(7)If a parents identity is known but his or her their whereabouts are unknown and the parent cannot, with reasonable diligence, be served in any manner specified in paragraphs (1) to (6), inclusive, the petitioner shall file an affidavit with the court at least 75 days before the hearing date, stating the name of the parent and describing the efforts made to locate and serve the parent.
(A)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends adoption, service shall be to that parents attorney of record, if any, by certified mail, return receipt requested. If the parent does not have an attorney of record, the court shall order that service be made by publication of citation requiring the parent to appear at the date, time, and place stated in the citation, and that the citation be published in a newspaper designated as most likely to give notice to the parent. Publication shall be made once a week for four consecutive weeks. Whether notice is to the attorney of record or by publication, the court shall also order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail or by electronic service pursuant to Section 212.5.
(B)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, no further notice is required to the parent, but the court shall order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail or by electronic service pursuant to Section 212.5.
(C)In any case where the residence of the parent becomes known, notice shall immediately be served upon the parent as provided for in either paragraph (2), (3), (4), (5), or (6).
(g)(1)If the identity of one or both of the parents, or alleged parents, of the child is unknown, or if the name of one or both parents is uncertain, then that fact shall be set forth in the affidavit filed with the court at least 75 days before the hearing date and the court, consistent with Sections 7665 and 7666 of the Family Code, shall issue an order dispensing with notice to a natural parent or possible natural parent under this section if, after inquiry and a determination that there has been due diligence in attempting to identify the unknown parent, the court is unable to identify the natural parent or possible natural parent and no person has appeared claiming to be the natural parent.
(2)After a determination that there has been due diligence in attempting to identify an unknown parent pursuant to paragraph (1) and the probation officer or social worker recommends adoption, the court shall consider whether publication notice would be likely to lead to actual notice to the unknown parent. The court may order publication notice if, on the basis of all information before the court, the court determines that notice by publication is likely to lead to actual notice to the parent. If publication notice to an unknown parent is ordered, the court shall order the published citation to be directed to either the father or mother, or both, of the child, and to all persons claiming to be the father or mother of the child, naming and otherwise describing the child. An order of publication pursuant to this paragraph shall be based on an affidavit describing efforts made to identify the unknown parent or parents. Service made by publication pursuant to this paragraph shall require the unknown parent or parents to appear at the date, time, and place stated in the citation. Publication shall be made once a week for four consecutive weeks.
(3)If the court determines that there has been due diligence in attempting to identify one or both of the parents, or alleged parents, of the child and the probation officer or social worker recommends legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, no further notice to the parent shall be required.
(h)Notice to all counsel of record shall be by first-class mail or by electronic service pursuant to Section 212.5.
(i)If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, notice shall be given in accordance with Section 224.3.
(j)Notwithstanding subdivision (a), if the attorney of record is present at the time the court schedules a hearing pursuant to Section 366.26, no further notice is required, except as required by subparagraph (A) of paragraph (7) of subdivision (f).
(k)This section shall also apply to children adjudged wards pursuant to Section 727.31.
(l)The court shall state the reasons on the record explaining why good cause exists for granting any continuance of a hearing held pursuant to Section 366.26 to fulfill the requirements of this section.
(m)Notice of any hearing at which the county welfare department is recommending the termination of parental rights may only be served electronically if notice is also given by another means of service provided for in this section.
SEC. 3.Section 366.26 of the Welfare and Institutions Code is amended to read:366.26.(a)This section applies to children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360. The procedures specified in this section are the exclusive procedures for conducting these hearings. The procedures in Part 2 (commencing with Section 3020) of Division 8 of the Family Code are not applicable to these proceedings. Section 8616.5 of the Family Code is applicable and available to all dependent children meeting the requirements of that section, if the postadoption contact agreement has been entered into voluntarily. For children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360, this section, and Sections 8604, 8605, 8606, and 8700 of the Family Code and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 of the Family Code specify the exclusive procedures for permanently terminating parental rights with regard to, or establishing legal guardianship of, the child while the child is a dependent child of the juvenile court.
(b)At the hearing, which shall be held in juvenile court for all children who are dependents of the juvenile court, the court, in order to provide stable, permanent homes for these children, shall review the report as specified in Section 361.5, 366.21, 366.22, or 366.25, shall indicate that the court has read and considered it, shall receive other evidence that the parties may present, and then shall make findings and orders in the following order of preference:
(1)Terminate the rights of the parent or parents and order that the child be placed for adoption and, upon the filing of a petition for adoption in the juvenile court, order that a hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted.
(2)Order, without termination of parental rights, the plan of tribal customary adoption, as described in Section 366.24, through tribal custom, traditions, or law of the Indian childs tribe, and upon the court affording the tribal customary adoption order full faith and credit at the continued selection and implementation hearing, order that a hearing be set pursuant to paragraph (2) of subdivision (e).
(3)Appoint a relative or relatives with whom the child is currently residing as legal guardian or guardians for the child, and order that letters of guardianship issue.
(4)On making a finding under paragraph (3) of subdivision (c), identify adoption or tribal customary adoption as the permanent placement goal and order that efforts be made to locate an appropriate adoptive family for the child within a period not to exceed 180 days.
(5)Appoint a nonrelative legal guardian for the child and order that letters of guardianship issue.
(6)Order that the child be permanently placed with a fit and willing relative, subject to the periodic review of the juvenile court under Section 366.3.
(7)Order that the child remain in foster care, subject to the conditions described in paragraph (4) of subdivision (c) and the periodic review of the juvenile court under Section 366.3.
In choosing among the alternatives in this subdivision, the court shall proceed pursuant to subdivision (c).
(c)(1)If the court determines, based on the assessment provided as ordered under subdivision (i) of Section 366.21, subdivision (b) of Section 366.22, or subdivision (b) of Section 366.25, and any other relevant evidence, by a clear and convincing standard, that it is likely the child will be adopted, the court shall terminate parental rights and order the child placed for adoption. The fact that the child is not yet placed in a preadoptive home nor with a relative or foster family who is prepared to adopt the child, shall not constitute a basis for the court to conclude that it is not likely the child will be adopted. A finding under subdivision (b) or paragraph (1) of subdivision (e) of Section 361.5 that reunification services shall not be offered, under subdivision (e) of Section 366.21 that the whereabouts of a parent have been unknown for six months or that the parent has failed to visit or contact the child for six months, or that the parent has been convicted of a felony indicating parental unfitness, or, under Section 366.21 or 366.22, that the court has continued to remove the child from the custody of the parent or guardian and has terminated reunification services, shall constitute a sufficient basis for termination of parental rights. Under these circumstances, the court shall terminate parental rights unless either of the following applies:
(A)The child is living with a relative who is unable or unwilling to adopt the child because of circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment through legal guardianship, and the removal of the child from the custody of their relative would be detrimental to the emotional well-being of the child. For purposes of an Indian child, relative shall include an extended family member, as defined in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1903(2)).
(B)The court finds a compelling reason for determining that termination would be detrimental to the child due to one or more of the following circumstances:
(i)The parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship.
(ii)A child 12 years of age or older objects to termination of parental rights.
(iii)The child is placed in a residential treatment facility, adoption is unlikely or undesirable, and continuation of parental rights will not prevent finding the child a permanent family placement if the parents cannot resume custody when residential care is no longer needed.
(iv)The child is living with a foster parent or Indian custodian who is unable or unwilling to adopt the child because of exceptional circumstances, that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment and the removal of the child from the physical custody of their foster parent or Indian custodian would be detrimental to the emotional well-being of the child. This clause does not apply to any child who is either (I) under six years of age or (II) a member of a sibling group where at least one child is under six years of age and the siblings are, or should be, permanently placed together.
(v)There would be substantial interference with a childs sibling relationship, taking into consideration the nature and extent of the relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shared significant common experiences or has existing close and strong bonds with a sibling, and whether ongoing contact is in the childs best interest, including the childs long-term emotional interest, as compared to the benefit of legal permanence through adoption.
(vi)The child is an Indian child and there is a compelling reason for determining that termination of parental rights would not be in the best interest of the child, including, but not limited to:
(I)Termination of parental rights would substantially interfere with the childs connection to their tribal community or the childs tribal membership rights.
(II)The childs tribe has identified guardianship, foster care with a fit and willing relative, tribal customary adoption, or another planned permanent living arrangement for the child.
(III)The child is a nonminor dependent, and the nonminor and the nonminors tribe have identified tribal customary adoption for the nonminor.
(C)For purposes of subparagraph (B), in the case of tribal customary adoptions, Section 366.24 shall apply.
(D)If the court finds that termination of parental rights would be detrimental to the child pursuant to clause (i), (ii), (iii), (iv), (v), or (vi), it shall state its reasons in writing or on the record.
(2)The court shall not terminate parental rights if:
(A)At each hearing at which the court was required to consider reasonable efforts or services, the court has found that reasonable efforts were not made or that reasonable services were not offered or provided.
(B)In the case of an Indian child:
(i)At the hearing terminating parental rights, the court has found that active efforts were not made as required in Section 361.7.
(ii)The court does not make a determination at the hearing terminating parental rights, supported by evidence beyond a reasonable doubt, including testimony of one or more qualified expert witnesses as defined in Section 224.6, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
(iii)The court has ordered tribal customary adoption pursuant to Section 366.24.
(3)If the court finds that termination of parental rights would not be detrimental to the child pursuant to paragraph (1) and that the child has a probability for adoption but is difficult to place for adoption and there is no identified or available prospective adoptive parent, the court may identify adoption as the permanent placement goal and, without terminating parental rights, order that efforts be made to locate an appropriate adoptive family for the child, within the state or out of the state, within a period not to exceed 180 days. During this 180-day period, the public agency responsible for seeking adoptive parents for each child shall, to the extent possible, ask each child who is 10 years of age or older to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential adoptive parents. The public agency may ask any other child to provide that information, as appropriate. During the 180-day period, the public agency shall, to the extent possible, contact other private and public adoption agencies regarding the availability of the child for adoption. During the 180-day period, the public agency shall conduct the search for adoptive parents in the same manner as prescribed for children in Sections 8708 and 8709 of the Family Code. At the expiration of this period, another hearing shall be held and the court shall proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision (b). For purposes of this section, a child may only be found to be difficult to place for adoption if there is no identified or available prospective adoptive parent for the child because of the childs membership in a sibling group, or the presence of a diagnosed medical, physical, or mental handicap, or the child is seven years of age or older.
(4)(A)If the court finds that adoption of the child or termination of parental rights is not in the best interest of the child, because one of the conditions in clause (i), (ii), (iii), (iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in paragraph (2) applies, the court shall order that the present caretakers or other appropriate persons shall become legal guardians of the child, or, in the case of an Indian child, consider a tribal customary adoption pursuant to Section 366.24. Legal guardianship shall be considered before continuing the child in foster care under any other permanent plan, if it is in the best interests of the child and if a suitable guardian can be found. If the child continues in foster care, the court shall make factual findings identifying any barriers to achieving adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative as of the date of the hearing. A child who is 10 years of age or older, shall be asked to identify any individuals, other than the childs siblings, who are important to the child, in order to identify potential guardians or, in the case of an Indian child, prospective tribal customary adoptive parents. The agency may ask any other child to provide that information, as appropriate.
(B)(i)If the child is living with an approved relative who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order a permanent plan of placement with a fit and willing relative, and the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the relative caretaker.
(ii)If the child is living with a nonrelative caregiver who is willing and capable of providing a stable and permanent environment, but not willing to become a legal guardian as of the hearing date, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. Regardless of the age of the child, the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the caregiver.
(iii)If the child is living in a group home or, on or after January 1, 2017, a short-term residential therapeutic program, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501.
(C)The court shall also make an order for visitation with the parents or guardians unless the court finds by a preponderance of the evidence that the visitation would be detrimental to the physical or emotional well-being of the child.
(5)If the court finds that the child should not be placed for adoption, that legal guardianship shall not be established, that placement with a fit and willing relative is not appropriate as of the hearing date, and that there are no suitable foster parents except certified family homes or resource families of a foster family agency available to provide the child with a stable and permanent environment, the court may order the care, custody, and control of the child transferred from the county welfare department to a licensed foster family agency. The court shall consider the written recommendation of the county welfare director regarding the suitability of the transfer. The transfer shall be subject to further court orders.
The licensed foster family agency shall place the child in a suitable licensed or certified family home that has been certified by the agency as meeting licensing standards or with a resource family approved by the agency. The licensed foster family agency shall be responsible for supporting the child and providing appropriate services to the child, including those services ordered by the court. Responsibility for the support of the child shall not, in and of itself, create liability on the part of the foster family agency to third persons injured by the child. Those children whose care, custody, and control are transferred to a foster family agency shall not be eligible for foster care maintenance payments or child welfare services, except for emergency response services pursuant to Section 16504.
(d)The proceeding for the appointment of a guardian for a child who is a dependent of the juvenile court shall be conducted in the juvenile court. If the court finds pursuant to this section that legal guardianship is the appropriate permanent plan, it shall appoint the legal guardian and issue letters of guardianship. The assessment prepared pursuant to subdivision (g) of Section 361.5, subdivision (i) of Section 366.21, subdivision (c) of Section 366.22, and subdivision (b) of Section 366.25 shall be read and considered by the court prior to the appointment, and this shall be reflected in the minutes of the court. The assessment may also include the naming of a prospective successor guardian, if one is identified. In the event of the incapacity or death of the appointed guardian, the named successor guardian may be assessed and appointed pursuant to this section. The person preparing the assessment may be called and examined by any party to the proceeding.
(e)(1)The proceeding for the adoption of a child who is a dependent of the juvenile court shall be conducted in the juvenile court if the court finds pursuant to this section that adoption is the appropriate permanent plan and the petition for adoption is filed in the juvenile court. Upon the filing of a petition for adoption, the juvenile court shall order that an adoption hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted. The full report required by Section 8715 of the Family Code shall be read and considered by the court prior to the adoption and this shall be reflected in the minutes of the court. The person preparing the report may be called and examined by any party to the proceeding. It is the intent of the Legislature, pursuant to this subdivision, to give potential adoptive parents the option of filing in the juvenile court the petition for the adoption of a child who is a dependent of the juvenile court. Nothing in this section is intended to prevent the filing of a petition for adoption in any other court as permitted by law, instead of in the juvenile court.
(2)In the case of an Indian child, if the Indian childs tribe has elected a permanent plan of tribal customary adoption, the court, upon receiving the tribal customary adoption order will afford the tribal customary adoption order full faith and credit to the same extent that the court would afford full faith and credit to the public acts, records, judicial proceedings, and judgments of any other entity. Upon a determination that the tribal customary adoption order may be afforded full faith and credit, consistent with Section 224.5, the court shall thereafter order a hearing to finalize the adoption be set upon the filing of the adoption petition. The prospective tribal customary adoptive parents and the child who is the subject of the tribal customary adoption petition shall appear before the court for the finalization hearing. The court shall thereafter issue an order of adoption pursuant to Section 366.24.
(3)(A)If a child who is the subject of a finalized tribal customary adoption shows evidence of a developmental disability or mental illness as a result of conditions existing before the tribal customary adoption to the extent that the child cannot be relinquished to a licensed adoption agency on the grounds that a plan of adoption is not currently suitable, and of which condition the tribal customary adoptive parent or parents had no knowledge or notice before the entry of the tribal customary adoption order, a petition setting forth those facts may be filed by the tribal customary adoptive parent or parents with the juvenile court that granted the tribal customary adoption petition. If these facts are proved to the satisfaction of the juvenile court, it may make an order setting aside the tribal customary adoption order. The set-aside petition shall be filed within five years of the issuance of the tribal customary adoption order. The court clerk shall immediately notify the childs tribe and the department in Sacramento of the petition within 60 days after the notice of filing of the petition. The department shall file a full report with the court and shall appear before the court for the purpose of representing the child. Whenever a final decree of tribal customary adoption has been vacated or set aside, the child shall be returned to the custody of the county in which the proceeding for tribal customary adoption was finalized. The biological parent or parents of the child may petition for return of custody. The disposition of the child after the court has entered an order to set aside a tribal customary adoption shall include consultation with the childs tribe.
(B)Notwithstanding any other law, an adoption case file, including a juvenile case file, as defined in subdivision (e) of Section 827, may be inspected and copied by the department for the purpose of completing the duties pursuant to this paragraph.
(f)At the beginning of any proceeding pursuant to this section, if the child or the parents are not being represented by previously retained or appointed counsel, the court shall proceed as follows:
(1)In accordance with subdivision (c) of Section 317, if a child before the court is without counsel, the court shall appoint counsel unless the court finds that the child would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.
(2)If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless this representation is knowingly and intelligently waived. The same counsel shall not be appointed to represent both the child and their parent. The public defender or private counsel may be appointed as counsel for the parent.
(3)Private counsel appointed under this section shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. The amount shall be paid by the real parties in interest, other than the child, in any proportions the court deems just. However, if the court finds that any of the real parties in interest are unable to afford counsel, the amount shall be paid out of the general fund of the county.
(g)The court may continue the proceeding for a period of time not to exceed 30 days as necessary to appoint counsel, and to enable counsel to become acquainted with the case.
(h)(1)At all proceedings under this section, the court shall consider the wishes of the child and shall act in the best interests of the child.
(2)In accordance with Section 349, the child shall be present in court if the child or the childs counsel so requests or the court so orders. If the child is 10 years of age or older and is not present at a hearing held pursuant to this section, the court shall determine whether the minor was properly notified of their right to attend the hearing and inquire as to the reason why the child is not present.
(3)(A)The testimony of the child may be taken in chambers and outside the presence of the childs parent or parents, if the childs parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist:
(i)The court determines that testimony in chambers is necessary to ensure truthful testimony.
(ii)The child is likely to be intimidated by a formal courtroom setting.
(iii)The child is afraid to testify in front of their parent or parents.
(B)After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents.
(C)The testimony of a child also may be taken in chambers and outside the presence of the guardian or guardians of a child under the circumstances specified in this subdivision.
(i)(1)Any order of the court permanently terminating parental rights under this section shall be conclusive and binding upon the child, upon the parent or parents and, upon all other persons who have been served with citation by publication or otherwise as provided in this chapter. After Except as provided in Section 366.30, after making the order, the juvenile court shall have no power to set aside, change, or modify it, except as provided in paragraph (2), but nothing in this section shall be construed to limit the right to appeal the order.
(2)A tribal customary adoption order evidencing that the Indian child has been the subject of a tribal customary adoption shall be afforded full faith and credit and shall have the same force and effect as an order of adoption authorized by this section. The rights and obligations of the parties as to the matters determined by the Indian childs tribe shall be binding on all parties. A court shall not order compliance with the order absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith, in family mediation services of the court or dispute resolution through the tribe regarding the conflict, prior to the filing of the enforcement action.
(3)A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the juvenile court to reinstate parental rights pursuant to the procedure prescribed by Section 388. The child may file the petition prior to the expiration of this three-year period if the State Department of Social Services, county adoption agency, or licensed adoption agency that is responsible for custody and supervision of the child as described in subdivision (j) and the child stipulate that the child is no longer likely to be adopted. A child over 12 years of age shall sign the petition in the absence of a showing of good cause as to why the child could not do so. If it appears that the best interests of the child may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs attorney of record, or, if there is no attorney of record for the child, to the child, and the childs tribe, if applicable, by means prescribed by subdivision (c) of Section 297. The court shall order the child or the social worker or probation officer to give prior notice of the hearing to the childs former parent or parents whose parental rights were terminated in the manner prescribed by subdivision (f) of Section 294 where the recommendation is adoption. The juvenile court shall grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the childs best interest. If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights. This subdivision is intended to be retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.(j)If the court, by order or judgment, declares the child free from the custody and control of both parents, or one parent if the other does not have custody and control, or declares the child eligible for tribal customary adoption, the court shall at the same time order the child referred to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoptive placement by the agency. However, except in the case of a tribal customary adoption where there is no termination of parental rights, a petition for adoption may not be granted until the appellate rights of the natural parents have been exhausted. The State Department of Social Services, county adoption agency, or licensed adoption agency shall be responsible for the custody and supervision of the child and shall be entitled to the exclusive care and control of the child at all times until a petition for adoption or tribal customary adoption is granted, except as specified in subdivision (n). With the consent of the agency, the court may appoint a guardian of the child, who shall serve until the child is adopted.
(k)(1)Notwithstanding any other law, the application of any person who, as a relative caretaker or foster parent, has cared for a dependent child for whom the court has approved a permanent plan for adoption, or who has been freed for adoption, shall be given preference with respect to that child over all other applications for adoptive placement if the agency making the placement determines that the child has substantial emotional ties to the relative caretaker or foster parent and removal from the relative caretaker or foster parent would be seriously detrimental to the childs emotional well-being.
(2)As used in this subdivision, preference means that the application shall be processed and, if satisfactory, the family study shall be completed before the processing of the application of any other person for the adoptive placement of the child.
(l)(1)An order by the court that a hearing pursuant to this section be held is not appealable at any time unless all of the following apply:
(A)A petition for extraordinary writ review was filed in a timely manner.
(B)The petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record.
(C)The petition for extraordinary writ review was summarily denied or otherwise not decided on the merits.
(2)Failure to file a petition for extraordinary writ review within the period specified by rule, to substantively address the specific issues challenged, or to support that challenge by an adequate record shall preclude subsequent review by appeal of the findings and orders made pursuant to this section.
(3)The Judicial Council shall adopt rules of court, effective January 1, 1995, to ensure all of the following:
(A)A trial court, after issuance of an order directing a hearing pursuant to this section be held, shall advise all parties of the requirement of filing a petition for extraordinary writ review as set forth in this subdivision in order to preserve any right to appeal in these issues.
(i)If a party is present at the time of the making of the order, the notice shall be made orally to the party.
(ii)If the party is not present at the time of making the order, the notice shall be made by the clerk of the court by first-class mail to the last known address of a party or by electronic service pursuant to Section 212.5. If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served pursuant to Section 212.5, but only in addition to service of the notice by first-class mail.
(B)The prompt transmittal of the records from the trial court to the appellate court.
(C)That adequate time requirements for counsel and court personnel exist to implement the objective of this subdivision.
(D)That the parent or guardian, or their trial counsel or other counsel, is charged with the responsibility of filing a petition for extraordinary writ relief pursuant to this subdivision.
(4)The intent of this subdivision is to do both of the following:
(A)Make every reasonable attempt to achieve a substantive and meritorious review by the appellate court within the time specified in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant to this section.
(B)Encourage the appellate court to determine all writ petitions filed pursuant to this subdivision on their merits.
(5)This subdivision shall only apply to cases in which an order to set a hearing pursuant to this section is issued on or after January 1, 1995.
(m)Except for subdivision (j), this section shall also apply to minors adjudged wards pursuant to Section 727.31.
(n)(1)Notwithstanding Section 8704 of the Family Code or any other law, the court, at a hearing held pursuant to this section or anytime thereafter, may designate a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least one step to facilitate the adoption process. In determining whether to make that designation, the court may take into consideration whether the caretaker is listed in the preliminary assessment prepared by the county department in accordance with subdivision (i) of Section 366.21 as an appropriate person to be considered as an adoptive parent for the child and the recommendation of the State Department of Social Services, county adoption agency, or licensed adoption agency.
(2)For purposes of this subdivision, steps to facilitate the adoption process include, but are not limited to, the following:
(A)Applying for an adoption homestudy.
(B)Cooperating with an adoption homestudy.
(C)Being designated by the court or the adoption agency as the adoptive family.
(D)Requesting de facto parent status.
(E)Signing an adoptive placement agreement.
(F)Engaging in discussions regarding a postadoption contact agreement.
(G)Working to overcome any impediments that have been identified by the State Department of Social Services, county adoption agency, or licensed adoption agency.
(H)Attending classes required of prospective adoptive parents.
(3)Prior to a change in placement and as soon as possible after a decision is made to remove a child from the home of a designated prospective adoptive parent, the agency shall notify the court, the designated prospective adoptive parent or the current caretaker, if that caretaker would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of this notice, the childs attorney, the child, if the child is 10 years of age or older, and, where it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, the childs tribe, of the proposal in the manner described in Section 16010.6.
(A)Within five court days or seven calendar days, whichever is longer, of the date of notification, the child, the childs attorney, the childs tribe, or the designated prospective adoptive parent may file a petition with the court objecting to the proposal to remove the child, or the court, upon its own motion, may set a hearing regarding the proposal. The court may, for good cause, extend the filing period. A caretaker who would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of the notice of proposed removal of the child may file, together with the petition under this subparagraph, a petition for an order designating the caretaker as a prospective adoptive parent for purposes of this subdivision.
(B)A hearing ordered pursuant to this paragraph shall be held as soon as possible and not later than five court days after the petition is filed with the court or the court sets a hearing upon its own motion, unless the court for good cause is unable to set the matter for hearing five court days after the petition is filed, in which case the court shall set the matter for hearing as soon as possible. At the hearing, the court shall determine whether the caretaker has met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1), and whether the proposed removal of the child from the home of the designated prospective adoptive parent is in the childs best interest, and the child may not be removed from the home of the designated prospective adoptive parent unless the court finds that removal is in the childs best interest. If the court determines that the caretaker did not meet the threshold criteria to be designated as a prospective adoptive parent on the date of service of the notice of proposed removal of the child, the petition objecting to the proposed removal filed by the caretaker shall be dismissed. If the caretaker was designated as a prospective adoptive parent prior to this hearing, the court shall inquire into any progress made by the caretaker towards the adoption of the child since the caretaker was designated as a prospective adoptive parent.
(C)A determination by the court that the caretaker is a designated prospective adoptive parent pursuant to paragraph (1) or subparagraph (B) does not make the caretaker a party to the dependency proceeding nor does it confer on the caretaker any standing to object to any other action of the department, county adoption agency, or licensed adoption agency, unless the caretaker has been declared a de facto parent by the court prior to the notice of removal served pursuant to paragraph (3).
(D)If a petition objecting to the proposal to remove the child is not filed, and the court, upon its own motion, does not set a hearing, the child may be removed from the home of the designated prospective adoptive parent without a hearing.
(4)Notwithstanding paragraph (3), if the State Department of Social Services, county adoption agency, or licensed adoption agency determines that the child must be removed from the home of the caretaker who is or may be a designated prospective adoptive parent immediately, due to a risk of physical or emotional harm, the agency may remove the child from that home and is not required to provide notice prior to the removal. However, as soon as possible and not longer than two court days after the removal, the agency shall notify the court, the caretaker who is or may be a designated prospective adoptive parent, the childs attorney, and the child, if the child is 10 years of age or older, of the removal. Within five court days or seven calendar days, whichever is longer, of the date of notification of the removal, the child, the childs attorney, or the caretaker who is or may be a designated prospective adoptive parent may petition for, or the court on its own motion may set, a noticed hearing pursuant to paragraph (3). The court may, for good cause, extend the filing period.
(5)Except as provided in subdivision (b) of Section 366.28, an order by the court issued after a hearing pursuant to this subdivision shall not be appealable.
(6)Nothing in this section shall preclude a county child protective services agency from fully investigating and responding to alleged abuse or neglect of a child pursuant to Section 11165.5 of the Penal Code.
(7)When an Indian child is removed from the home of a prospective adoptive parent pursuant to this section, the placement preferences contained in Section 361.31 and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) apply to the subsequent placement of the child.
(8)The Judicial Council shall prepare forms to facilitate the filing of the petitions described in this subdivision, which shall become effective on January 1, 2006.
SEC. 4.Section 366.30 is added to the Welfare and Institutions Code, immediately following Section 366.29, to read:366.30.(a)A child or nonminor dependent who meets one of the following descriptions may petition the juvenile court to reinstate or modify parental rights pursuant to Section 388:
(1)A child or nonminor dependent who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined adoption is no longer the permanent plan.
(2)A child for whom the parental rights of their biological parent or parents were terminated, who was subsequently adopted, and for whom the parental rights of their adoptive parent or parents have been terminated.
(3)A nonminor dependent for whom the court assumed dependency jurisdiction based on a petition filed pursuant to paragraphs (3) or (4) of subdivision (a) of Section 388.1.
(4)An Indian child as defined in Section 224.1, for whom the parental rights of their biological parent or parents were modified by a tribal customary adoption, who was subsequently adopted, and for whom the parental rights of their adoptive parent or parents have been modified or terminated, or who are in agreement with the modification of parental rights.
(5)A nonminor dependent for whom the parental rights of their biological parent or parents were modified by a tribal customary adoption and who was subsequently adopted.
(b)A child or nonminor dependent described in paragraph (1) of subdivision (a) may file the petition prior to the expiration of the three-year period required pursuant to paragraph (1) of subdivision (a) if the State Department of Social Services, county adoption agency, or licensed adoption agency that is responsible for custody and supervision of the child or nonminor dependent as described in subdivision (j) of Section 366.26 and the child or nonminor dependent stipulate that the child or nonminor dependent is no longer likely to be adopted.
(c)A child over 12 years of age or nonminor dependent shall sign the petition in the absence of a showing of good cause as to why the child could not do so.
(d)If it appears that the best interests of the child or nonminor dependent may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the childs or nonminor dependents attorney of record, or, if there is no attorney of record for the child or nonminor dependent, to the child or nonminor dependent, and the childs or nonminor dependents tribe, if applicable, by means described in subdivision (c) of Section 297. The court shall order the child or nonminor dependent, or the social worker or probation officer, to give prior notice of the hearing to the childs or nonminor dependents former parent or parents whose parental rights were terminated in the manner required by subdivision (f) of Section 294 when the recommendation is adoption.
(e)(1)For a child or nonminor dependent described in paragraph (1), (2), or (3) of subdivision (a), the juvenile court shall grant the petition if it finds by clear and convincing evidence that reinstatement of parental rights is in the childs or nonminor dependents best interest.
(2)For a child or nonminor dependent described in paragraph (4) or (5) of subdivision (a), the juvenile court shall resume dependency jurisdiction to provide the childs or nonminor dependents tribe an opportunity to modify the tribal customary adoption order. The juvenile court shall grant the modified tribal customary adoption order full faith and credit when the tribe files as described in paragraph (6) of subdivision (c) of Section 366.24.
(3)If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights.
(f)This subdivision shall be retroactive and shall apply to any child or nonminor dependent who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
(g)A nonminor dependent whose biological parents or parents rights have been reinstated pursuant to this section may waive the termination of the parental duties and responsibilities of an existing adoptive parent or parents by signing a waiver at any time prior to the reinstatement of parental rights. The waiver may be included in the petition for reinstatement of parental rights or in a separate writing filed with the court.
SEC. 5.Section 366.3 of the Welfare and Institutions Code is amended to read:366.3.(a)(1)If a juvenile court orders a permanent plan of adoption, tribal customary adoption, adoption of a nonminor dependent pursuant to subdivision (f) of Section 366.31, or legal guardianship pursuant to Section 360 or 366.26, the court shall retain jurisdiction over the child or nonminor dependent until the child or nonminor dependent is adopted or the legal guardianship is established, except as provided for in Section 366.29 or, on and after January 1, 2012, Section 366.32. The status of the child or nonminor dependent shall be reviewed every six months to ensure that the adoption or legal guardianship is completed as expeditiously as possible. Following a termination of parental rights, the parent or parents shall not be a party to, or receive notice of, any subsequent proceedings regarding the child.
(2)When the adoption of the child or nonminor dependent has been granted, or in the case of a tribal customary adoption, when the tribal customary adoption order has been afforded full faith and credit and the petition for adoption has been granted, the court shall terminate its jurisdiction over the child or nonminor dependent.
(3)Following establishment of a legal guardianship, the court may continue jurisdiction over the child as a dependent child of the juvenile court or may terminate its dependency jurisdiction and retain jurisdiction over the child as a ward of the legal guardianship, as authorized by Section 366.4. If, however, a relative or nonrelative extended family member of the child is appointed the legal guardian of the child and the guardians home has been approved pursuant to Section 16519.5 for at least six months, the court shall, except if the relative or nonrelative extended family member guardian objects, or upon a finding of exceptional circumstances, terminate its dependency jurisdiction and retain jurisdiction over the child as a ward of the guardianship, as authorized by Section 366.4.
(b)(1)If the court has dismissed dependency jurisdiction following the establishment of a legal guardianship, or no dependency jurisdiction attached because of the granting of a legal guardianship pursuant to Section 360, and the legal guardianship is subsequently revoked or otherwise terminated, the county welfare department shall notify the juvenile court of this fact. The court may vacate its previous order dismissing dependency jurisdiction over the child.
(2)Notwithstanding Section 1601 of the Probate Code, the proceedings to terminate a legal guardianship that has been granted pursuant to Section 360 or 366.26 shall be held either in the juvenile court that retains jurisdiction over the guardianship, as authorized by Section 366.4, or the juvenile court in the county where the guardian and child currently reside, based on the best interests of the child, unless the termination is due to the emancipation or adoption of the child. The juvenile court having jurisdiction over the guardianship shall receive notice from the court in which the petition is filed within five calendar days of the filing. Prior to the hearing on a petition to terminate legal guardianship pursuant to this subdivision, the court shall order the county welfare department having jurisdiction or jointly with the county department where the guardian and child currently reside to prepare a report, for the courts consideration, that shall include an evaluation of whether the child could safely remain in, or be returned to, the legal guardians home, without terminating the legal guardianship, if services were provided to the child or legal guardian. If applicable, the report shall also identify recommended family maintenance or reunification services to maintain the legal guardianship and set forth a plan for providing those services. If the petition to terminate legal guardianship is granted, either juvenile court may resume dependency jurisdiction over the child, and may order the county welfare department to develop a new permanent plan, which shall be presented to the court within 60 days of the termination. If no dependency jurisdiction has attached, the social worker shall make any investigation the social worker deems necessary to determine whether the child may be within the jurisdiction of the juvenile court, as provided in Section 328.
(3)Unless the parental rights of the childs parent or parents have been terminated, they shall be notified that the legal guardianship has been revoked or terminated and shall be entitled to participate in the new permanency planning hearing. The court shall try to place the child in another permanent placement. At the hearing, the parents may be considered as custodians but the child shall not be returned to the parent or parents unless they prove, by a preponderance of the evidence, that reunification is the best alternative for the child. The court may, if it is in the best interests of the child, order that reunification services again be provided to the parent or parents.
(c)If, following the establishment of a legal guardianship, the county welfare department becomes aware of changed circumstances that indicate adoption or, for an Indian child, tribal customary adoption, may be an appropriate plan for the child, the department shall so notify the court. The court may vacate its previous order dismissing dependency jurisdiction over the child and order that a hearing be held pursuant to Section 366.26 to determine whether adoption or continued legal guardianship is the most appropriate plan for the child. The hearing shall be held no later than 120 days from the date of the order. If the court orders that a hearing shall be held pursuant to Section 366.26, the court shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services if it is acting as an adoption agency, to prepare an assessment under subdivision (b) of Section 366.22.
(d)(1)If the child or nonminor dependent is in a placement other than the home of a legal guardian and jurisdiction has not been dismissed, the status of the child shall be reviewed at least every six months. The review of the status of a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption shall be conducted by the court. The review of the status of a child or nonminor dependent for whom the court has not ordered parental rights terminated and who has not been ordered placed for adoption may be conducted by the court or an appropriate local agency. The court shall conduct the review under the following circumstances:
(A)Upon the request of the childs parents or legal guardians.
(B)Upon the request of the child or nonminor dependent.
(C)It has been 12 months since a hearing held pursuant to Section 366.26 or an order that the child remain in foster care pursuant to Section 366.21, 366.22, 366.25, 366.26, or subdivision (h).
(D)It has been 12 months since a review was conducted by the court.
(2)The court shall determine whether or not reasonable efforts to make and finalize a permanent placement for the child have been made.
(e)Except as provided in subdivision (g), at the review held every six months pursuant to subdivision (d), the reviewing body shall inquire about the progress being made to provide a permanent home for the child, shall consider the safety of the child, and shall determine all of the following:
(1)The continuing necessity for, and appropriateness of, the placement. If the child is placed in a short-term residential therapeutic program on or after October 1, 2021, or a community treatment facility on or after July 1, 2022, the court shall consider the evidence and documentation submitted pursuant to subdivision (l) of Section 366.1 in making this determination.
(2)Identification of individuals other than the childs siblings who are important to a child who is 10 years of age or older and has been in out-of-home placement for six months or longer, and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The social worker shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the childs siblings who are important to the child, and may ask any other child to provide that information, as appropriate. The social worker shall make efforts to identify other individuals who are important to the child, consistent with the childs best interests.
(3)The continuing appropriateness and extent of compliance with the permanent plan for the child, including efforts to maintain relationships between a child who is 10 years of age or older and who has been in out-of-home placement for six months or longer and individuals who are important to the child and efforts to identify a prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment efforts and listing on an adoption exchange.
(4)The extent of the agencys compliance with the child welfare services case plan in making reasonable efforts either to return the child to the safe home of the parent or to complete whatever steps are necessary to finalize the permanent placement of the child. If the reviewing body determines that a second period of reunification services is in the childs best interests, and that there is a significant likelihood of the childs return to a safe home due to changed circumstances of the parent, pursuant to subdivision (f), the specific reunification services required to effect the childs return to a safe home shall be described.
(5)Whether there should be any limitation on the right of the parent or guardian to make educational decisions or developmental services decisions for the child. That limitation shall be specifically addressed in the court order and may not exceed what is necessary to protect the child. If the court specifically limits the right of the parent or guardian to make educational decisions or developmental services decisions for the child, the court shall at the same time appoint a responsible adult to make educational decisions or developmental services decisions for the child pursuant to Section 361.
(6)The adequacy of services provided to the child. The court shall consider the progress in providing the information and documents to the child, as described in Section 391. The court shall also consider the need for, and progress in providing, the assistance and services described in Section 391.
(7)The extent of progress the parents or legal guardians have made toward alleviating or mitigating the causes necessitating placement in foster care.
(8)The likely date by which the child may be returned to, and safely maintained in, the home, placed for adoption, legal guardianship, placed with a fit and willing relative, or, for an Indian child, in consultation with the childs tribe, placed for tribal customary adoption, or, if the child is 16 years of age or older, and no other permanent plan is appropriate at the time of the hearing, in another planned permanent living arrangement.
(9)(A)Whether the child has any siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(i)The nature of the relationship between the child and their siblings.
(ii)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002. At the first review conducted for a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, the court shall inquire into the status of the development of a voluntary postadoption sibling contact agreement pursuant to subdivision (e) of Section 16002.
(iii)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(iv)If the siblings are not placed together, all of the following:
(I)The frequency and nature of the visits between the siblings.
(II)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(III)If there are visits between the siblings, a description of the location and length of the visits.
(IV)Any plan to increase visitation between the siblings.
(v)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(B)The factors the court may consider as indicators of the nature of the childs sibling relationships include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(10)For a child who is 14 years of age or older and for a nonminor dependent, the services needed to assist the child or nonminor dependent to make the transition from foster care to successful adulthood.
(11)Whether or not reasonable efforts to make and finalize a permanent placement for the child have been made.
Each licensed foster family agency shall submit reports for each child in its care, custody, and control to the court concerning the continuing appropriateness and extent of compliance with the childs permanent plan, the extent of compliance with the case plan, and the type and adequacy of services provided to the child.
(f)Unless their parental rights have been permanently terminated, the parent or parents of the child are entitled to receive notice of, and participate in, those hearings. It shall be presumed that continued care is in the best interests of the child, unless the parent or parents prove, by a preponderance of the evidence, that further efforts at reunification are the best alternative for the child. In those cases, the court may order that further reunification services to return the child to a safe home environment be provided to the parent or parents up to a period of six months, and family maintenance services, as needed for an additional six months in order to return the child to a safe home environment. This subdivision shall not apply to the parents of a nonminor dependent.
(g)At the review conducted by the court and held at least every six months, regarding a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, or, for an Indian child for whom parental rights are not being terminated and a tribal customary adoption is being considered, the county welfare department shall prepare and present to the court a report describing the following:
(1)The childs present placement.
(2)The childs current physical, mental, emotional, and educational status.
(3)If the child has not been placed with a prospective adoptive parent or guardian, identification of individuals, other than the childs siblings, who are important to the child and actions necessary to maintain the childs relationship with those individuals, provided that those relationships are in the best interest of the child. The agency shall ask every child who is 10 years of age or older to identify any individuals who are important to the child, consistent with the childs best interest, and may ask any child who is younger than 10 years of age to provide that information as appropriate. The agency shall make efforts to identify other individuals who are important to the child.
(4)Whether the child has been placed with a prospective adoptive parent or parents.
(5)Whether an adoptive placement agreement has been signed and filed.
(6)If the child has not been placed with a prospective adoptive parent or parents, the efforts made to identify an appropriate prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment efforts and listing on an adoption exchange.
(7)Whether If applicable, the final adoption order should include provisions for status of the postadoptive sibling contact agreement pursuant to Section 366.29.
(8)The progress of the search for an adoptive placement if one has not been identified.
(9)Any impediments to the adoption or the adoptive placement.
(10)The anticipated date by which the child will be adopted or placed in an adoptive home.
(11)The anticipated date by which an adoptive placement agreement will be signed.
(12)Recommendations for court orders that will assist in the placement of the child for adoption or in the finalization of the adoption.
The court shall determine whether or not reasonable efforts to make and finalize a permanent placement for the child have been made.
The court shall make appropriate orders to protect the stability of the child and to facilitate and expedite the permanent placement and adoption of the child.
(h)(1)At the review held pursuant to subdivision (d) for a child in foster care, the court shall consider all permanency planning options for the child including whether the child should be returned to the home of the parent, placed for adoption, or, for an Indian child, in consultation with the childs tribe, placed for tribal customary adoption, or appointed a legal guardian, placed with a fit and willing relative, or, if compelling reasons exist for finding that none of the foregoing options are in the best interest of the child and the child is 16 years of age or older, whether the child should be placed in another planned permanent living arrangement. The court shall order that a hearing be held pursuant to Section 366.26, unless it determines by clear and convincing evidence that there is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interest of the child because the child is being returned to the home of the parent, the child is not a proper subject for adoption, or no one is willing to accept legal guardianship as of the hearing date. If the county adoption agency, or the department when it is acting as an adoption agency, has determined it is unlikely that the child will be adopted or one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, that fact shall constitute a compelling reason for purposes of this subdivision. Only upon that determination may the court order that the child remain in foster care, without holding a hearing pursuant to Section 366.26. The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. The nonminor dependents legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26.
(2)When the child is 16 years of age or older and in another planned permanent living arrangement, the court shall do all of the following:
(A)Ask the child about their desired permanency outcome.
(B)Make a judicial determination explaining why, as of the hearing date, another planned permanent living arrangement is the best permanency plan for the child.
(C)State for the record the compelling reason or reasons why it continues not to be in the best interest of the child to return home, be placed for adoption, be placed for tribal customary adoption in the case of an Indian child, be placed with a legal guardian, or be placed with a fit and willing relative.
(3)When the child is 16 years of age or older and is in another planned permanent living arrangement, the social study prepared for the hearing shall include a description of all of the following:
(A)The intensive and ongoing efforts to return the child to the home of the parent, place the child for adoption, or establish a legal guardianship, as appropriate.
(B)The steps taken to do both of the following:
(i)Ensure that the childs care provider is following the reasonable and prudent parent standard.
(ii)Determine whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consulting with the child about opportunities for the child to participate in those activities.
(4)When the child is under 16 years of age and has a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, the social study shall include a description of any barriers to achieving the permanent plan and the efforts made by the agency to address those barriers.
(i)If, as authorized by subdivision (h), the court orders a hearing pursuant to Section 366.26, the court shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment, as provided for in subdivision (i) of Section 366.21 or subdivision (b) of Section 366.22. A hearing held pursuant to Section 366.26 shall be held no later than 120 days from the date of the 12-month review at which it is ordered, and at that hearing the court shall determine whether adoption, tribal customary adoption, legal guardianship, placement with a fit and willing relative, or, for a child 16 years of age or older, another planned permanent living arrangement is the most appropriate plan for the child. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child and tribal customary adoption is recommended as the permanent plan. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement. At the request of the nonminor dependent who has an established relationship with an adult determined to be the nonminor dependents permanent connection, the court may order adoption of the nonminor dependent pursuant to subdivision (f) of Section 366.31.
(j)The reviews conducted pursuant to subdivision (a) or (d) may be conducted earlier than every six months if the court determines that an earlier review is in the best interests of the child or as court rules prescribe.
(k)On and after October 1, 2021, for reviews conducted pursuant to subdivision (a) or (d) for the child whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for reviews conducted pursuant to subdivision (a) or (d) for the child whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the report prepared for the review shall include evidence of all of the following:
(1)Ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate care setting in the least restrictive environment, and the placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the child.
(2)Documentation of the childs specific treatment or service needs that will be met in the placement and the length of time the child is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation.
(3)Documentation of the intensive and ongoing efforts made by the child welfare department, consistent with the childs permanency plan, to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a resource family home or tribally approved home, or in another appropriate family-based setting.
SEC. 6.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 childs 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 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 childs sibling relationship so that when a child has been removed from the childs home and the child has a sibling or siblings who remain in the custody of a parent subject to the courts 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 the social worker or probation officer 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. The physical capacity of the home shall not be the sole reason to deny placement of a sibling group if each child in the home has an age-appropriate place to sleep and there are no other safety risks.
(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 the childs 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, the person 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, contact except in those cases provided in subdivision (b) where when 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)(A)To the extent practicable, the The county placing agency shall 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 discuss a postadoption sibling contact agreement pursuant to Section 8616.5 of the Family Code on a date within 90 days after termination of parental rights and prior to finalization of the adoption. The facilitator shall ensure that all parties are aware of the benefits of postadoption contact between siblings, the spectrum of postadoption contact options, and the requirements under Section 9205 of the Family Code. The county placing agency may comply with the requirements of this paragraph by allowing a nonprofit organization authorized to provide permanency placement and postadoption mediation for adoptive and birth families to facilitate the meeting and develop the agreement. If a postadoption contact agreement is executed, the agreement shall be provided to all parties and to the court prior to the finalization of the adoption.
(B)The county placing agency is not required to convene a meeting to decide whether to voluntarily execute a postadoption sibling contact agreement pursuant to Section 8616.5 of the Family Code in either of the following circumstances: (i)The county placing agency determines that such a meeting or postadoption sibling contact agreement would be contrary to the safety and well-being of the child. (ii)The child requests that a meeting shall not occur. (C)The child may 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 pursuant to Section 8616.5 of the Family Code. 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, the reasons for the determination shall be noted in the court order, and the meeting is not required to occur. (D)(B)Counsel to the child and counsel to the siblings who are dependents of the court shall be notified of, and may attend, both the meeting and the hearing described in this paragraph.
(E)(C)This paragraph shall does not require attendance by a child, sibling, or other party at a meeting to decide whether to voluntarily execute a postadoption sibling contact agreement pursuant to Section 8616.5 of the Family Code if the child, sibling, or other party cannot be located or does not wish to attend the meeting. This paragraph shall not prohibit a county placing agency from convening a meeting if not all of the parties are secured to attend.
(D)Notwithstanding the requirements of subparagraph (A), the county placing agency shall not be required to convene a meeting if either of the following occur:
(i)The court, at the hearing to terminate parental rights, after considering the recommendation, if any, of the county placing agency, determines by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of the child.
(ii)A child being placed for adoption informs the court that they do not wish to enter into a postadoption sibling contact agreement.
(E)Compliance with, and enforceability of, an executed postadoption sibling contact agreement shall be subject to Section 366.29.
(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 person related to the identified child 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 (CWS/CMS) is implemented on a statewide basis.
SEC. 7.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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|---|---|
| Feb 12, 2024 | Consideration of Governor's veto stricken from file. |
| Jan 3, 2024 | Consideration of Governor's veto pending. |
| Oct 8, 2023 | Vetoed by Governor. |
| Sep 20, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 13, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3416.). |
| Sep 12, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 12, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2662.). |
| Sep 11, 2023 | Read second time. Ordered to third reading. |
| Sep 8, 2023 | Read third time and amended. Ordered to second reading. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | From committee: Do pass. (Ayes 7. Noes 0.) (September 1). |
| Aug 14, 2023 | In committee: Referred to APPR suspense file. |
| Jul 5, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 3). Re-referred to Com. on APPR. |
| Jun 21, 2023 | From committee: Do pass and re-refer to Com. on HUMAN S. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 20). Re-referred to Com. on HUMAN S. |
| Jun 7, 2023 | Referred to Coms. on JUD. and HUMAN S. |
| May 26, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 25, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 2. Page 1746.) |
| May 18, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | From committee: Do pass. (Ayes 15. Noes 0.) (May 18). |
| May 10, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 3, 2023 | In committee: Hearing postponed by committee. |
| Apr 19, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 18). Re-referred to Com. on APPR. |
| Mar 16, 2023 | Re-referred to Com. on HUM. S. |
| Mar 15, 2023 | Read second time and amended. |
| Mar 14, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on HUM. S. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (March 14). |
| Jan 26, 2023 | Referred to Coms. on JUD. and HUM. S. |
| Dec 6, 2022 | From printer. May be heard in committee January 5. |
| Dec 5, 2022 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Sep 13, 2023 | AB 20 Gipson Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 12, 2023 | Assembly 3rd Reading AB20 Gipson et al. By Wahab | Senate Floor |
Passed |
|
| Sep 1, 2023 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 14, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 3, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Human Services |
Passed |
|
| Jun 20, 2023 | Do pass, but first be re-referred to the Committee on [Human Services] with the recommendation: To Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| May 25, 2023 | AB 20 Gipson Assembly Third Reading | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 18, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Human Services |
Passed |
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| Mar 14, 2023 | Do pass as amended, and be re-referred to the Committee on [Human Services] with recommendation: To Consent Calendar | Assembly Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| All Of Us Or None Orange County | ** Support | |
| Aouon Orange County | ** Support | |
| California Catholic Conference | ** Support | |
| California Court Appointed Special Advocate Association | * Support | Jul 3, 2023 |
| California Tribal Families Coalition | ** Support | |
| Children's Legal Services of San Diego | ** Support | |
| ChildrenS Law Center Of California | ** Support | |
| County of Santa Clara | ** Support | |
| Dependency Advocacy Center | ** Support | |
| Dependency Legal Services | ** Support | |
| John Burton Advocates for Youth | ** Support | |
| Los Angeles Dependency Lawyers, Inc. | ** Support | |
| National Association of Social Workers California Chapter | ** Support | |
| The Law Offices of Dale S. Wilson | ** Support |
GOVERNOR'S VETO
GV Bill Id:AB 20
Author:(Gipson)
As Enrolled Ver:September 18, 2023
2/3 vote
SUMMARY
For children who have been in the child welfare system, enhances postadoption contact agreements between them and their siblings, and expands instances when their birth parent's rights may be reinstated, provided it is in the children's best interest.
Major Provisions
- Allows a postadoption contact agreement with birth relatives to include, for siblings, actual contact with the child, even if the siblings do not have a preexisting relationship with the child.
- Adds siblings of nonminor dependents to the list of those required to get notice of hearings to terminate parental rights in dependency court.
- Except as provided in 4), below, if parental rights are terminated and the court orders that a dependent child or ward be placed for adoption, requires the county placing agency, except when the court determines that sibling interaction is contrary to the safety or well-being of the child, to convene a meeting with the child, the siblings of the child, the prospective adoptive parents, and a facilitator to execute a postadoption sibling contact agreement after termination of parental rights and prior to finalization of the adoption.
- If the child being placed for adoption does not wish to enter into a postadoption sibling contact agreement, prohibits the county placing agency from convening the meeting in 3), above.
- In addition to situations permitted in existing law, allows a child or nonminor dependent to petition the juvenile dependency court for reinstatement or modification of parental rights in any of the following situations:
- A child for whom the parental rights of their biological parents were terminated, who was subsequently adopted, and for whom the parental rights of their adoptive parents have been terminated.
- A nonminor dependent for whom the court assumed dependency jurisdiction because the adoptive parents died or is no longer providing support for the nonminor, as provided.
- An Indian child for whom the parental rights of their biological parents were modified by a tribal customary adoption, who was subsequently adopted, and for whom the parental rights of their adoptive parents have been modified or terminated, or who are in agreement with the modification of parental rights.
- A nonminor dependent for whom the parental rights of their biological parents were modified by a tribal customary adoption and who was subsequently adopted.
- Requires a nonminor dependent or a child over 12 years of age to sign the petition in 5), above, absent a showing of good cause why the nonminor dependent or child cannot do so.
- Requires the court to order a hearing on a petition in 5), above, if it appears that the best interest of the child or nonminor dependent may be promoted by reinstatement of parental rights. Sets forth notice requirements.
- Requires, consistent with existing law, the court to grant the petition in 5a) and 5b), above, if it finds, by clear and convincing evidence, that the child is no longer likely to be adopted and that reinstatement of parental rights is in the child's best interest. Requires the court, if it reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, to specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights, consistent with existing law. Provides that this provision is intended to be retroactive to any child under the jurisdiction of the juvenile court, consistent with existing law.
- Requires the court, for a child or nonminor dependent described in 5c) and d), above, to resume dependency jurisdiction to provide the child's or nonminor dependent's tribe an opportunity to modify the tribal customary adoption order. Requires the court to grant the modified tribal customary adoption order full faith and credit when the tribe files the tribal customary adoption order, as provided.
- Requires notice of a selection and implementation hearing to be provided to a child or youth's Court-Appointed Special Advocate, if one has been appointed.
- Includes chaptering amendments to avoid chaptering conflicts with AB 1650 (Jim Patterson) of the current legislative session.
Senate Amendments
Incorporate amendments to Family Code Section 8616.5 proposed by both this bill and AB 1650 to avoid chaptering issues.
Governor’s Veto Message
This bill would expand the circumstances in which a child or a nonminor dependent may petition the juvenile dependency court for reinstatement of parental rights and revise provisions of law pertaining to post-adoption sibling contact.
In partnership with the Legislature, we enacted a budget that closed a shortfall of more than $30 billion through balanced solutions that avoided deep program cuts and protected education, health care, climate, public safety, and social service programs that are relied on by millions of Californians. This year, however, the Legislature sent me bills outside of this budget process that, if all enacted, would add nearly $19 billion of unaccounted costs in the budget, of which $11 billion would be ongoing.
With our state facing continuing economic risk and revenue uncertainty, it is important to remain disciplined when considering bills with significant fiscal implications, such as this measure.
COMMENTS
California's child welfare system is designed to provide for the protection and the health and safety of children who are subject to, or at risk of, abuse or neglect. The desired outcome is to reunite children with their parents, when appropriate, and to help preserve and strengthen families. Unfortunately, too often, children who are or have been involved in the child welfare system, can lose all contact with their birth parents and their siblings. Over the years, state and federal statutes have expanded policies to keep children with their families when at all possible and keep siblings together both in and outside of the foster care system.
This bill builds on those family connecting strategies in two key ways. First, it makes it easier for siblings to stay in contact with each other, even if one sibling is adopted, by expanding postadoption access through postadoption contact agreements. Second, it expands on an existing process to petition the juvenile court for reinstatement of parental rights, mainly when the child would otherwise be left without that support and potentially without any parents.
Postadoption contact between siblings. This bill seeks to improve contact between siblings after one has been adopted in several important ways. First, it allows a postadoption contact agreement to include actual contact with siblings, even if the siblings do not have a preexisting relationship with the adopted child. Second, it adds siblings of nonminor dependents to the list of those required to get notice of hearings to terminate parental rights in dependency court.
Finally, the bill requires, as opposed to allows, the county child welfare agency placing a dependent child up for adoption to convene a meeting with the child, the child's siblings, the prospective adoptive parents, and a facilitator to execute a postadoption sibling contact agreement after termination of parental rights and prior to finalization of the adoption. Under the bill, this meeting must occur unless either 1) the court determines that sibling interaction is contrary to the safety or well-being of the child; or 2) the child being placed for adoption does not wish to enter into a postadoption sibling contact agreement.
These changes, taken together, will help ensure that siblings remain as part of each other's lives as much as possible, even if one of the siblings has been adopted by another family. As discussed above, sibling bonds are vitally important to children, especially children who have been involved with the child welfare system, and this bill provides multiple ways to maintain or create these vital bonds, assuming there is no danger to the child.
Reinstatement of parental rights in appropriate cases. While keeping children with their parents is a key goal of the child welfare system, sometimes parental rights have to be terminated and children must be placed in other permanency options, including adoption, guardianship, or long-term foster care. (See Welfare and Institutions (WIC) Code Section 366.26.) Existing law, however, recognizes that there may be a need, for the best interest of the child, for those terminated parental rights to be reinstated in limited cases. Reinstating parental rights in appropriate cases helps to ensure that children are not left as legal orphans, with their birth parents' rights terminated and with no adoptive family. Instead, provided the court determines it is in the best interest of the child, the child is given their parents – their family – back.
This bill allows parental rights to be reinstated under additional circumstances. These situations either allow the child to have a parent – as opposed to none – or allow the child, in limited situations already recognized today under existing law, to have a legal parent-child relationship with both their adoptive parents and their birth parents. Assuming these are safe relationships for the child – and the court is required to make that determination before reestablishing parental rights – this should avoid the situation where a child is a legal orphan and allow the child to have support and love from at least one family.
According to the Author
Often, when parental rights are terminated in child welfare cases, the adopted child loses all familial ties, including with siblings. AB 20 looks to address the gaps and inconsistencies in implementation of current law surrounding siblings who are separated by adoption [allowing] children and young adults adopted through the child welfare system to maintain critical connections to their biological family and community. Additionally, in some circumstances, a child/nonminor dependent may re-establish a relationship with their biological parents when an adoption fails. AB 20 provides a path forward for these families. We have plenty more work to do. But, this is a step toward a better foster care system.
Arguments in Support
Sponsor Children's Law Center of California and several other organizations in support of the bill write the following to explain why the bill would help youth who lose contact with their families while in foster placement:
AB 20 looks to address the gaps and inconsistencies in implementation of current law meant to protect familial relationships by: (a) requiring the child welfare agency to set up a meeting to address post-adoption contact between siblings when parental rights are terminated, and (b) broadening the circumstances in which a court may reinstate parental rights for a biological parent when it is in the best interests of a child or nonminor dependent.
The proposed changes in AB 20 would enable our clients and former clients to maintain critical connections to their biological family and community.
Arguments in Opposition
No opposition on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- Unknown, significant one-time and ongoing costs to the Department of Social Services (CDSS) in local assistance, likely in the low millions due to the increased administrative workload for county child welfare agencies associated with petitions for reinstatement of parental rights, requirements for postadoption sibling contact agreements, family reunification services for cases in which parental rights are reinstated, and for automation updates (General Fund, Federal Funds).*
- Unknown, potentially significant court workload cost pressures in order to hear additional petitions to reinstate parental rights (Trial Court Trust Fund, General Fund).
VOTES
ASM JUDICIARY: 11-0-0
YES: Maienschein, Essayli, Connolly, Dixon, Haney, Kalra, Pacheco, Papan, Reyes, Robert Rivas, Sanchez
ASM HUMAN SERVICES: 7-0-1
YES: Jackson, Sanchez, Alanis, Arambula, Bryan, Calderon, Garcia
ABS, ABST OR NV: Bonta
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
ASSEMBLY FLOOR: 78-0-2
YES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Aguiar-Curry, Mathis
SENATE FLOOR: 38-0-2
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood‑Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Caballero, Grove
ASSEMBLY FLOOR: 80-0
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
UPDATED
VERSION: September 18, 2023
CONSULTANT: Alison Merrilees / JUD. / (916) 319-2334 FN: 0002553
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 20
Author:(Gipson)
As Amended Ver:September 8, 2023
Majority vote
SUMMARY
For children who have been in the child welfare system, enhances postadoption contact agreements between them and their siblings, and expands instances when their birth parent's rights may be reinstated, provided it is in the children’s best interest.
Major Provisions
- Allows a postadoption contact agreement with birth relatives to include, for siblings, actual contact with the child, even if the siblings do not have a preexisting relationship with the child.
- Adds siblings of nonminor dependents to the list of those required to get notice of hearings to terminate parental rights in dependency court.
- Except as provided in 4), below, if parental rights are terminated and the court orders that a dependent child or ward be placed for adoption, requires the county placing agency, except when the court determines that sibling interaction is contrary to the safety or well-being of the child, to convene a meeting with the child, the siblings of the child, the prospective adoptive parents, and a facilitator to execute a postadoption sibling contact agreement after termination of parental rights and prior to finalization of the adoption.
- If the child being placed for adoption does not wish to enter into a postadoption sibling contact agreement, prohibits the county placing agency from convening the meeting in 3), above.
- In addition to situations permitted in existing law, allows a child or nonminor dependent to petition the juvenile dependency court for reinstatement or modification of parental rights in any of the following situations:
- A child for whom the parental rights of their biological parents were terminated, who was subsequently adopted, and for whom the parental rights of their adoptive parents have been terminated.
- A nonminor dependent for whom the court assumed dependency jurisdiction because the adoptive parents died or is no longer providing support for the nonminor, as provided.
- An Indian child for whom the parental rights of their biological parents were modified by a tribal customary adoption, who was subsequently adopted, and for whom the parental rights of their adoptive parents have been modified or terminated, or who are in agreement with the modification of parental rights.
- A nonminor dependent for whom the parental rights of their biological parents were modified by a tribal customary adoption and who was subsequently adopted.
- Requires a nonminor dependent or a child over 12 years of age to sign the petition in 5), above, absent a showing of good cause why the nonminor dependent or child cannot do so.
- Requires the court to order a hearing on a petition in 5), above, if it appears that the best interest of the child or nonminor dependent may be promoted by reinstatement of parental rights. Sets forth notice requirements.
- Requires, consistent with existing law, the court to grant the petition in 5a) and 5b), above, if it finds, by clear and convincing evidence, that the child is no longer likely to be adopted and that reinstatement of parental rights is in the child's best interest. Requires the court, if it reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, to specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights, consistent with existing law. Provides that this provision is intended to be retroactive to any child under the jurisdiction of the juvenile court, consistent with existing law.
- Requires the court, for a child or nonminor dependent described in 5c) and d) above, to resume dependency jurisdiction to provide the child's or nonminor dependent's tribe an opportunity to modify the tribal customary adoption order. Requires the court to grant the modified tribal customary adoption order full faith and credit when the tribe files the tribal customary adoption order, as provided.
- Requires notice of a selection and implementation hearing to be provided to a child or youth's Court-Appointed Special Advocate, if one has been appointed.
- Includes chaptering amendments to avoid chaptering conflicts with AB 1650 (Jim Patterson) of the current legislative session.
Senate Amendments
Incorporate amendments to Family Code Section 8616.5 proposed by both this bill and AB 1650 to avoid chaptering issues.
COMMENTS
California's child welfare system is designed to provide for the protection and the health and safety of children who are subject to, or at risk of, abuse or neglect. The desired outcome is to reunite children with their parents, when appropriate, and to help preserve and strengthen families. Unfortunately, too often, children who are or have been involved in the child welfare system, can lose all contact with their birth parents and their siblings. Over the years, state and federal statutes have expanded policies to keep children with their families when at all possible and keep siblings together both in and outside of the foster care system.
This bill builds on those family connecting strategies in two key ways. First, it makes it easier for siblings to stay in contact with each other, even if one sibling is adopted, by expanding postadoption access through postadoption contact agreements. Second, it expands on an existing process to petition the juvenile court for reinstatement of parental rights, mainly when the child would otherwise be left without that support and potentially without any parents.
Postadoption contact between siblings. This bill seeks to improve contact between siblings after one has been adopted in several important ways. First, it allows a postadoption contact agreement to include actual contact with siblings, even if the siblings do not have a preexisting relationship with the adopted child. Second, it adds siblings of nonminor dependents to the list of those required to get notice of hearings to terminate parental rights in dependency court.
Finally, the bill requires, as opposed to allows, the county child welfare agency placing a dependent child up for adoption to convene a meeting with the child, the child's siblings, the prospective adoptive parents, and a facilitator to execute a postadoption sibling contact agreement after termination of parental rights and prior to finalization of the adoption. Under the bill, this meeting must occur unless either 1) the court determines that sibling interaction is contrary to the safety or well-being of the child; or 2) the child being placed for adoption does not wish to enter into a postadoption sibling contact agreement.
These changes, taken together, will help ensure that siblings remain as part of each other's lives as much as possible, even if one of the siblings has been adopted by another family. As discussed above, sibling bonds are vitally important to children, especially children who have been involved with the child welfare system, and this bill provides multiple ways to maintain or create these vital bonds, assuming there is no danger to the child.
Reinstatement of parental rights in appropriate cases. While keeping children with their parents is a key goal of the child welfare system, sometimes parental rights have to be terminated and children must be placed in other permanency options, including adoption, guardianship, or long-term foster care. (See Welfare & Institutions (WIC) Code Section 366.26.) Existing law, however, recognizes that there may be a need, for the best interest of the child, for those terminated parental rights to be reinstated in limited cases. Reinstating parental rights in appropriate cases helps to ensure that children are not left as legal orphans, with their birth parents' rights terminated and with no adoptive family. Instead, provided the court determines it is in the best interest of the child, the child is given their parents – their family – back.
This bill allows parental rights to be reinstated under additional circumstances. These situations either allow the child to have a parent – as opposed to none – or allow the child, in limited situations already recognized today under existing law, to have a legal parent-child relationship with both their adoptive parents and their birth parents. Assuming these are safe relationships for the child – and the court is required to make that determination before reestablishing parental rights – this should avoid the situation where a child is a legal orphan and allow the child to have support and love from at least one family.
According to the Author
Often, when parental rights are terminated in child welfare cases, the adopted child loses all familial ties, including with siblings. AB 20 looks to address the gaps and inconsistencies in implementation of current law surrounding siblings who are separated by adoption [allowing] children and young adults adopted through the child welfare system to maintain critical connections to their biological family and community. Additionally, in some circumstances, a child/nonminor dependent may re-establish a relationship with their biological parents when an adoption fails. AB 20 provides a path forward for these families. We have plenty more work to do. But, this is a step toward a better foster care system.
Arguments in Support
Sponsor Children's Law Center of California and several other organizations in support of the bill write the following to explain why the bill would help youth who lose contact with their families while in foster placement:
AB 20 looks to address the gaps and inconsistencies in implementation of current law meant to protect familial relationships by: (a) requiring the child welfare agency to set up a meeting to address post-adoption contact between siblings when parental rights are terminated, and (b) broadening the circumstances in which a court may reinstate parental rights for a biological parent when it is in the best interests of a child or nonminor dependent.
The proposed changes in AB 20 would enable our clients and former clients to maintain critical connections to their biological family and community.
Arguments in Opposition
No opposition on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- Unknown, significant one-time and ongoing costs to the Department of Social Services (CDSS) in local assistance, likely in the low millions due to the increased administrative workload for county child welfare agencies associated with petitions for reinstatement of parental rights, requirements for postadoption sibling contact agreements, family reunification services for cases in which parental rights are reinstated, and for automation updates (General Fund, Federal Funds).*
- Unknown, potentially significant court workload cost pressures in order to hear additional petitions to reinstate parental rights (Trial Court Trust Fund, General Fund).
VOTES:
ASM JUDICIARY: 11-0-0
YES: Maienschein, Essayli, Connolly, Dixon, Haney, Kalra, Pacheco, Papan, Reyes, Robert Rivas, Sanchez
ASM HUMAN SERVICES: 7-0-1
YES: Jackson, Sanchez, Alanis, Arambula, Bryan, Calderon, Garcia
ABS, ABST OR NV: Bonta
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
ASSEMBLY FLOOR: 78-0-2
YES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk‑Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Aguiar-Curry, Mathis
UPDATED
VERSION: September 8, 2023
CONSULTANT: Alison Merrilees / JUD. / (916) 319-2334 FN: 0002304
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 20 |
THIRD READING
Bill No: AB 20
Author: Gipson (D), et al.
Amended: 9/8/23 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 11-0, 6/20/23
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Niello, Stern, Wiener
SENATE HUMAN SERVICES COMMITTEE: 5-0, 7/3/23
AYES: Alvarado-Gil, Ochoa Bogh, Hurtado, Menjivar, Wahab
SENATE APPROPATIONS COMMITTEE: 7-0, 9/1/2023
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
ASSEMBLY FLOOR: 78-0, 5/25/23 - See last page for vote
SUBJECT: Postadoption contact agreements: reinstatement of parental rights
SOURCE: Children’s Law Center of California
DIGEST:
This bill furthers the State public policy of helping siblings maintain contact with each other when they are in the child welfare system and provides further avenues for some parents to have their parental rights reinstated after they have been terminated.
Senate Floor Amendments of 9/8/23 add chaptering-out amendments to avoid a conflict with AB 1650 (Jim Patterson, 2023).
ANALYSIS:
Existing law:
- States that the Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent or parents, siblings, or an Indian tribe, after being adopted, and that postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when such contact is beneficial to the children and the agreements are voluntary. (Fam. Code, § 8616.5(a).)
Defines a “sibling,” for purposes of a postadoption contact agreement, as a person related to the child by blood, adoption, or affinity through a common legal or biological parent. (Fam. Code, § 8616.5(l).)
- Provides nothing in the adoption laws of the state to prevent an adopting parent or parents, the birth relatives, or an Indian tribe, and the child, from voluntarily executing a written agreement to permit contact between the birth relatives, as specified, if the court finds that the agreement was executed voluntarily and to be in the best interest of the child at the time the adoption petition is granted. (Fam. Code, § 8616.5(b).)
- Sets forth requirements for postadoption contact agreements, including that the adopted child is considered a party to the postadoption contact agreement and must consent to changes made when the child is 12 years of age or older, and provides that jurisdiction over the enforcement of a postadoption contact agreement for a child who was a dependent of the juvenile court at the time of the adoption, shall be in the court that granted the adoption petition. (Fam. Code, § 8616.5(c)-(f).)
- Establishes procedures for hearings to terminate parental rights or establish the guardianship of a child who is a dependent or ward of the juvenile court, including requiring that the social worker or probation officer give notice of a selection and implementation hearing to specified persons, including the child’s mother, presumed and alleged fathers, Indian custodian, and any known sibling, if the sibling is the subject of a dependency proceeding or has been adjudged to be a dependent child of the juvenile court. (Welf. & Inst. Code, § 294.)
- Permits a child who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the court to reinstate parental rights.
- The child may file the petition prior to the expiration of the three-year period if the Department of Social Services (DSS) or adoption agency that is responsible for custody and supervision of the child and the child stipulate that the child is no longer likely to be adopted.
- A child over 12 years of age shall sign the petition in the absence of good cause showing why they could not do so.
- If it appears that it is in the best interest of the child to reinstate parental rights, the court shall hold a noticed hearing, as specified, and grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement is in the child’s best interest.
- If a court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights. (Welf. & Inst. Code, § 366.26(i)(3).)
- Requires, at a review hearing for a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, or for an Indian child for whom parental rights are not terminated and a tribal customary adoption is being considered, the county welfare to prepare and present to the court a report containing specified information about the child, including whether the final adoption order should include provisions for postadoptive sibling contact. (Welf. & Inst. Code, § 366.3(g).)
This bill:
- Expands the availability of continued sibling contact by:
- Clarifying that a postadoption contact agreement with siblings need not be limited to sharing of information.
- Requiring the social worker’s report prepared in connection with a review hearing for a child ordered placed for adoption to include the status of a postadoptive sibling contact agreement.
- Requiring a county placing agency, when a child has been ordered placed for adoption, to convene a meeting with a facilitator to discuss a sibling postadoption contact agreement and ensure that all parties are aware of the benefits of such an agreement; if such an agreement is executed, the agreement shall be provided to all parties and the court prior to the finalization of the adoption.
- Limiting the circumstances in which a county placing agency may decline to hold a meeting on postadoption sibling contact, to situations where the court determines by clear and convincing evidence that sibling interaction is contrary to the safety or wellbeing of the child or where the child informs the court they do not wish to enter into such an agreement.
- Requires, as a prerequisite to the enforcement of a postadoption contact agreement, the court find that the party seeking enforcement participated or attempted to participate in good faith dispute resolution.
- Requires that a social worker or probation officer provide notice of a selection and implementation hearing to a sibling of the child who is a nonminor dependent and to the child’s Court-Appointed Special Advocate, if any.
- Eliminates the existing provision for the reinstatement of parental rights.
- Establishes a new framework allowing a child or nonminor dependent to petition the juvenile court to reinstate or modify parental rights, as follows:
- A child or nonminor dependent may file the petition if (1) they have not been adopted after at least three years from the date parental rights were terminated and the court has determined adoption is no longer the permanent plan; (2) they were adopted but parental rights of the adoptive parents have been terminated; (3) they are a nonminor dependent who had exited the juvenile court’s jurisdiction and jurisdiction was resumed under specified circumstances; (4) they are an Indian child whose parental rights were modified and who was adopted, but the parental rights of the adoptive parents have been terminated and/or they are in agreement with the modification of parental rights; or (5) they are a nonminor dependent or whom the parental rights of their biological parent or parents were modified by a tribal customary adoption and who was subsequently adopted.
- A qualifying child or nonminor dependent may file a petition to reinstate parental rights before the expiration of the three-year period if DSS or the adoption agency responsible for the child or nonminor dependent stipulates that the child or nonminor dependent is no longer likely to be adopted.
- Authorizes a child over the age of 12 or a nonminor dependent to sign the petition absent a showing of good cause as to why they should not.
- Requires a court to hold a hearing on the petition if it appears that the best interest of the nonminor dependent may be promoted by the reinstatement, with notice provided to specified individuals, including the child or nonminor dependent’s attorney of record and tribe, if any.
- For a child who falls under (1)-(3) of 5)(a), the court must grant the petition if it finds by clear and convincing evidence that reinstatement is in the best interest of the child or nonminor dependent; for a child who falls under (4)-(5), the juvenile court shall resume dependency jurisdiction to provide the child’s or nonminor dependent’s tribe an opportunity to modify the tribal customary adoption order.
- If a child reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights.
- The new section is retroactive and applies to any child or nonminor dependent who was under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
- A nonminor dependent whose biological parent’s or parents’ rights have been reinstated pursuant to this section may waive the termination of the parental duties and responsibilities of an existing adoptive parent or parents by signing a waiver at any time prior to the reinstatement of parental rights. The waiver may be included in the petition for reinstatement of parental rights or in a separate writing filed with the court.
- Include chaptering-out amendments to avoid a conflict with AB 1650 (Jim Patterson, 2023).
Comments
As the Children’s Law Center of California, the sponsor of the bill, notes, “[d]espite existing protections, too often children and nonminors adopted from the child welfare system lose all familial ties.” This bill is intended to help children and nonminor dependents in the dependency system preserve ties with their siblings and, where appropriate, reconnect with their parents after parental rights have been terminated.
The bill makes a number of tweaks to the existing law surrounding postadoption contact agreements relating to siblings. These tweaks include clarifying that a postadoption contact agreement with siblings need not be limited to the sharing of information; requiring a county placement agency to provide a meeting with a facilitator to discuss postadoption sibling contact unless the court finds such a meeting is not in the child’s best interest or the child declines; and requiring the social worker for a child who has been ordered placed for adoption to apprise the court about the status of postadoption sibling contact agreements. The bill also requires that notice of a selection hearing be provided to a child’s sibling if the sibling is a nonminor dependent, thereby making it easier for such siblings to seek out postadoption contact. Overall, these measures should provide greater protections for siblings.
The bill also recasts and revises the current framework for reinstating parental rights that have been terminated or, in certain cases involving Indian children, parental rights that have been modified. These situations either allow the child to have a parent – as opposed to none – or allow the child, in limited situations already recognized today under existing law, to have a legal parent-child relationship with both their adoptive parents and their birth parents. Assuming these are safe relationships for the child – and the court is required to make that determination before reestablishing parental rights – this should avoid the situation where a child is a legal orphan and allow the child to have support and love from at least one family member.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- Unknown, significant one-time and ongoing costs to the Department of Social Services (CDSS) in local assistance, likely in the low millions due to the increased administrative workload for county child welfare agencies associated with petitions for reinstatement of parental rights, requirements for postadoption sibling contact agreements, family reunification services for cases in which parental rights are reinstated, and for automation updates (General Fund, Federal Funds).*
- Unknown, potentially significant court workload cost pressures in order to hear additional petitions to reinstate parental rights (Trial Court Trust Fund, General Fund).
SUPPORT: (Verified 9/11/23)
Children’s Law Center of California (source)
All of Us or None Orange County
California Catholic Conference
California Tribal Families Coalition
Children’s Legal Services of San Diego
County of Santa Clara
Dependency Advocacy Center
Dependency Legal Services
John Burton Advocates for Youth
Los Angeles Dependency Lawyers, Inc.
National Association of Social Workers – California Chapter
The Law Offices of Dale S. Wilson
OPPOSITION: (Verified 9/11/23)
None received
ARGUMENTS IN SUPPORT: According to the County of Santa Clara:
The child welfare system in California is designed to protect the health and safety of children who are subject to, or at risk of, abuse or neglect. The desired outcome is to reunite children with their parents, when appropriate, and to help preserve and strengthen families. Children who are or have been involved in the child welfare system often lose all contact with their birth parents and siblings.
[This] bill will make it easier for siblings to stay in contact with each other, even if one sibling is adopted, and it expands the existing process to petition the juvenile court for reinstatement of parental rights, mainly when the child would otherwise be left without that support.
ASSEMBLY FLOOR: 78-0, 5/25/23
AYES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Aguiar-Curry, Mathis
Prepared by: Allison Whitt Meredith / JUD. / (916) 651-4113
9/11/23 18:18:04
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 20 |
THIRD READING
Bill No: AB 20
Author: Gipson (D)
Amended: 3/15/23 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE: 11-0, 6/20/23
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Niello, Stern, Wiener
SENATE HUMAN SERVICES COMMITTEE: 5-0, 7/3/23
AYES: Alvarado-Gil, Ochoa Bogh, Hurtado, Menjivar, Wahab
SENATE APPROPATIONS COMMITTEE: 7-0, 9/1/2023
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
ASSEMBLY FLOOR: 78-0, 5/25/23 - See last page for vote
SUBJECT: Postadoption contact agreements: reinstatement of parental rights
SOURCE: Children’s Law Center of California
DIGEST:
This bill furthers the State public policy of helping siblings maintain contact with each other when they are in the child welfare system and provides further avenues for some parents to have their parental rights reinstated after they have been terminated.
ANALYSIS:
Existing law:
- States that the Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent or parents, siblings, or an Indian tribe, after being adopted, and that postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when such contact is beneficial to the children and the agreements are voluntary. (Fam. Code, § 8616.5(a).)
- A “sibling,” for purposes of a postadoption contact agreement, is a person related to the child by blood, adoption, or affinity through a common legal or biological parent. (Fam. Code, § 8616.5(l).)
- Provides nothing in the adoption laws of the state prevent an adopting parent or parents, the birth relatives, or an Indian tribe, and the child, from voluntarily executing a written agreement to permit contact between the birth relatives, as specified, if the court finds that the agreement was executed voluntarily and to be in the best interest of the child at the time the adoption petition is granted. (Fam. Code, § 8616.5(b).)
- Sets forth requirements for postadoption contact agreements, including that the adopted child is considered a party to the postadoption contact agreement and must consent to changes made when the child is 12 years of age or older, and provides that jurisdiction over the enforcement of a postadoption contact agreement for a child who was a dependent of the juvenile court at the time of the adoption, shall be in the court that granted the adoption petition. (Fam. Code, § 8616.5(c)-(f).)
- Establishes procedures for hearings to terminate parental rights or establish the guardianship of a child who is a dependent or ward of the juvenile court, including requiring that the social worker or probation officer give notice of a selection and implementation hearing to specified persons, including the child’s mother, presumed and alleged fathers, Indian custodian, and any known sibling, if the sibling is the subject of a dependency proceeding or has been adjudged to be a dependent child of the juvenile court. (Welf. & Inst. Code, § 294.)
- Permits a child who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the court to reinstate parental rights.
- The child may file the petition prior to the expiration of the three-year period if the Department of Social Services (DSS) or adoption agency that is responsible for custody and supervision of the child and the child stipulate that the child is no longer likely to be adopted.
- A child over 12 years of age shall sign the petition in the absence of good cause showing why they could not do so.
- If it appears that it is in the best interest of the child to reinstate parental rights, the court shall hold a noticed hearing, as specified, and grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement is in the child’s best interest.
- If a court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights. (Welf. & Inst. Code, § 366.26(i)(3).)
- Requires, at a review hearing for a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, or for an Indian child for whom parental rights are not terminated and a tribal customary adoption is being considered, the county welfare to prepare and present to the court a report containing specified information about the child, including whether the final adoption order should include provisions for postadoptive sibling contact. (Welf. & Inst. Code, § 366.3(g).)
This bill:
- Expands the availability of continued sibling contact by:
- Clarifying that a postadoption contact agreement with siblings need not be limited to sharing of information.
- Requiring the social worker’s report prepared in connection with a review hearing for a child ordered placed for adoption to include the status of a postadoptive sibling contact agreement.
- Requiring a county placing agency, when a child has been ordered placed for adoption, to convene a meeting with a facilitator to discuss a sibling postadoption contact agreement and ensure that all parties are aware of the benefits of such an agreement; if such an agreement is executed, the agreement shall be provided to all parties and the court prior to the finalization of the adoption.
- Limiting the circumstances in which a county placing agency may decline to hold a meeting on postadoption sibling contact, to situations where the court determines by clear and convincing evidence that sibling interaction is contrary to the safety or wellbeing of the child or where the child informs the court they do not wish to enter into such an agreement.
- Requires, as a prerequisite to the enforcement of a postadoption contact agreement, the court find that the party seeking enforcement participated or attempted to participate in good faith dispute resolution.
- Requires that a social worker or probation officer provide notice of a selection and implementation hearing to a sibling of the child who is a nonminor dependent and to the child’s Court-Appointed Special Advocate, if any.
- Eliminates the existing provision for the reinstatement of parental rights.
- Establishes a new framework allowing a child or nonminor dependent to petition the juvenile court to reinstate or modify parental rights, as follows:
- A child or nonminor dependent may file the petition if (1) they have not been adopted after at least three years from the date parental rights were terminated and the court has determined adoption is no longer the permanent plan; (2) they were adopted but parental rights of the adoptive parents have been terminated; (3) they are a nonminor dependent who had exited the juvenile court’s jurisdiction and jurisdiction was resumed under specified circumstances; (4) they are an Indian child whose parental rights were modified and who was adopted, but the parental rights of the adoptive parents have been terminated and/or they are in agreement with the modification of parental rights; or (5) they are a nonminor dependent or whom the parental rights of their biological parent or parents were modified by a tribal customary adoption and who was subsequently adopted.
- A qualifying child or nonminor dependent may file a petition to reinstate parental rights before the expiration of the three-year period if DSS or the adoption agency responsible for the child or nonminor dependent stipulates that the child or nonminor dependent is no longer likely to be adopted.
- Authorizes a child over the age of 12 or a nonminor dependent to sign the petition absent a showing of good cause as to why they should not.
- Requires a court to hold a hearing on the petition if it appears that the best interest of the nonminor dependent may be promoted by the reinstatement, with notice provided to specified individuals, including the child or nonminor dependent’s attorney of record and tribe, if any.
- For a child who falls under (1)-(3) of 5)(a), the court must grant the petition if it finds by clear and convincing evidence that reinstatement is in the best interest of the child or nonminor dependent; for a child who falls under (4)-(5), the juvenile court shall resume dependency jurisdiction to provide the child’s or nonminor dependent’s tribe an opportunity to modify the tribal customary adoption order.
- If a child reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights.
- The new section is retroactive and applies to any child or nonminor dependent who was under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
- A nonminor dependent whose biological parent’s or parents’ rights have been reinstated pursuant to this section may waive the termination of the parental duties and responsibilities of an existing adoptive parent or parents by signing a waiver at any time prior to the reinstatement of parental rights. The waiver may be included in the petition for reinstatement of parental rights or in a separate writing filed with the court.
Comments
As the Children’s Law Center of California, the sponsor of the bill, notes, “[d]espite existing protections, too often children and nonminors adopted from the child welfare system lose all familial ties.” This bill is intended to help children and nonminor dependents in the dependency system preserve ties with their siblings and, where appropriate, reconnect with their parents after parental rights have been terminated.
The bill makes a number of tweaks to the existing law surrounding postadoption contact agreements relating to siblings. These tweaks include clarifying that a postadoption contact agreement with siblings need not be limited to the sharing of information; requiring a county placement agency to provide a meeting with a facilitator to discuss postadoption sibling contact unless the court finds such a meeting is not in the child’s best interest or the child declines; and requiring the social worker for a child who has been ordered placed for adoption to apprise the court about the status of postadoption sibling contact agreements. The bill also requires that notice of a selection hearing be provided to a child’s sibling if the sibling is a nonminor dependent, thereby making it easier for such siblings to seek out postadoption contact. Overall, these measures should provide greater protections for siblings.
The bill also recasts and revises the current framework for reinstating parental rights that have been terminated or, in certain cases involving Indian children, parental rights that have been modified. These situations either allow the child to have a parent – as opposed to none – or allow the child, in limited situations already recognized today under existing law, to have a legal parent-child relationship with both their adoptive parents and their birth parents. Assuming these are safe relationships for the child – and the court is required to make that determination before reestablishing parental rights – this should avoid the situation where a child is a legal orphan and allow the child to have support and love from at least one family member.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- Unknown, significant one-time and ongoing costs to the Department of Social Services (CDSS) in local assistance, likely in the low millions due to the increased administrative workload for county child welfare agencies associated with petitions for reinstatement of parental rights, requirements for postadoption sibling contact agreements, family reunification services for cases in which parental rights are reinstated, and for automation updates (General Fund, Federal Funds).*
- Unknown, potentially significant court workload cost pressures in order to hear additional petitions to reinstate parental rights (Trial Court Trust Fund, General Fund).
SUPPORT: (Verified 9/1/23)
Children’s Law Center of California (source)
County of Santa Clara
Los Angeles Dependency Lawyers, Inc.
National Association of Social Workers – California Chapter
OPPOSITION: (Verified 9/1/23)
None received
ARGUMENTS IN SUPPORT: According to the County of Santa Clara:
The child welfare system in California is designed to protect the health and safety of children who are subject to, or at risk of, abuse or neglect. The desired outcome is to reunite children with their parents, when appropriate, and to help preserve and strengthen families. Children who are or have been involved in the child welfare system often lose all contact with their birth parents and siblings.
[This] bill will make it easier for siblings to stay in contact with each other, even if one sibling is adopted, and it expands the existing process to petition the juvenile court for reinstatement of parental rights, mainly when the child would otherwise be left without that support.
ASSEMBLY FLOOR: 78-0, 5/25/23
AYES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Aguiar-Curry, Mathis
Prepared by: Allison Whitt Meredith / JUD. / (916) 651-4113
9/4/23 10:09:01
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 20 (Gipson) - Postadoption contact agreements: reinstatement of parental rights
Version: March 15, 2023 | Policy Vote: JUD. 11 - 0, HUMAN S. 5 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 14, 2023 | Consultant: Matthew Fleming |
Bill Summary:
AB 20 would expands the circumstances in which a child or a nonminor dependent may petition the juvenile dependency court for reinstatement of parental rights and revise provisions of law pertaining to postadoption sibling contact.
Fiscal Impact:
- Unknown, significant one-time and ongoing costs to the Department of Social Services (CDSS) in local assistance, likely in the low millions due to the increased administrative workload for county child welfare agencies associated with petitions for reinstatement of parental rights, requirements for postadoption sibling contact agreements, family reunification services for cases in which parental rights are reinstated, and for automation updates (General Fund, Federal Funds).*
- Unknown, potentially significant court workload cost pressures in order to hear additional petitions to reinstate parental rights (Trial Court Trust Fund, General Fund).*
*See Staff Comments for additional detail.
Background:
The overarching goal of dependency proceedings is to safeguard the welfare of California’s children. Children under the jurisdiction of the juvenile court may be determined to be a dependent of that court, and in some cases, the court may initiate proceedings to remove the child from the custody of their parent(s). After a series of hearings, if a parent is found to be unfit, the court can terminate the parent’s parental rights.
Parental rights that have been terminated can be reinstated under some circumstances. Under current law, a child who has not been adopted after the passage of at least three years from the date the court terminated their parents’ parental rights, and for whom the court has determined that adoption is no longer the permanent plan, may petition the court to reinstate parental rights. If it appears that the best interests of the child may be promoted by reinstatement of parental rights, the court is required to hold a hearing and the court is required to grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the child’s best interest. Reinstating parental rights in some cases helps to ensure that children are not left as legal orphans, with their birth parents’ rights terminated and with no adoptive family. This bill would provide additional circumstances in which a child or nonminor dependent may petition for reinstatement of parental rights.
Existing law recognizes that most children benefit from having either direct or indirect contact with birth relatives after being adopted, and thus provides for the development of postadoption contact agreements. These agreements are entered into voluntarily and are intended to establish ongoing contact between a child who has been adopted and their birth relatives. These agreements may, but do not need to, include provisions for visitation, future contact, and the sharing of information about the child in the future.
Existing law places limits on such contact, even between siblings, if it is contrary to the safety and well-being of the child. Post adoption contact agreements with birth relatives other than the child’s birth parent(s) must be limited to the sharing of information about the child, unless the child has a preexisting relationship with the birth relative. Existing law also requires certain relatives receive notice of the termination of parental rights. This may increase the likelihood of a relative placement, by helping ensure relatives are aware of the child’s status within the CWS system and that reunification is no longer in the case plan. This may encourage relatives to seek to serve as foster care placement or pursue a guardianship of the child. Additionally, it makes sure the child’s relatives, including siblings, are aware the child is eligible for adoption or guardianship, thus making them aware of the need for potential efforts to be made to ensure post adoption contact.
Proposed Law:
- Establishes a framework allowing a child or nonminor dependent to petition the juvenile court to reinstate or modify parental rights, as specified, and eliminates the existing provision for the reinstatement of parental rights.
- Expands the availability of continued sibling contact postadoption, as specified.
- Requires, as a prerequisite to the enforcement of a postadoption contact agreement, the court find that the party seeking enforcement participated or attempted to participate in good faith dispute resolution.
- Requires that a social worker or probation officer provide notice of a selection and implementation hearing to a sibling of the child who is a nonminor dependent and to the child’s Court-Appointed Special Advocate, if any.
- Makes conforming changes.
Related Legislation:
- AB 2845 (Patterson, 2022) would have expanded the use of post-adoption contact agreements to maintain ties between an adopted child and their birth family and specified what a court must consider before ruling on a petition to terminate parental rights. AB 2895 was vetoed by the Governor, citing fiscal concerns.
- AB 1794 (Gipson, 2022) was substantially similar to this bill. AB 1794 was vetoed by the Governor, citing fiscal concerns.
- AB 993 (Patterson, 2021), among other things, would have modified the potential scope of postadoption contact agreements and required a court in an adoption proceeding to grant postadoption contact privileges unless the court specifically finds that the privileges are not in the best interest of the child. AB 993 was held on this Committee’s Suspense File.
Staff Comments:
- CDSS costs: AB 20 would allow for a variety of additional parties to petition the juvenile court for reinstatement of their biological parents’ parental rights. AB 20 would also AB 20 would make several changes to requirements for postadoption sibling contact agreements and associated meetings, including removing the reference to “to the extent practicable” with regard to convening the meeting and requiring the meeting to be held within 90 days after the termination of parental rights. Additionally, AB 20 would strike the provision that gives counties the discretion to refrain from holding a meeting to execute a postadoption sibling contact agreement if they determine the meeting or contact agreement would be contrary to the safety and well-being of the child. AB 20 would instead allow county placing agencies not to hold such a meeting only if the court determines that sibling interaction is contrary to the safety or well-being of the child or the child informs the court that they do not wish to enter into a postadoption sibling contact agreement.
The number of additional petitions to reinstate parental rights that would result from AB 20 is contingent on the wishes of individual children or non-minor dependents so the impacted caseload cannot be known with certainty. CDSS reports that administrative costs associated with these additional petitions for the maximum caseload of foster care children, meaning the total number of foster children in care after previously being adopted, would be $3.1 million General Fund (GF). The administrative costs for these petitions for non-minor dependents would be $293,000 GF per 100 cases. AB 20 would also likely require the provision of family reunification services to ensure the safety and well-being of children or non-minor dependents who have successfully petitioned the juvenile court for reinstatement of their biological parents’ parental rights. As noted above, he number of successful petitions to reinstate parental rights that would result from AB 20 is contingent on court decisions and on the wishes of individual children or non-minor dependents. The impacted caseload cannot be known with certainty. CDSS reports that the annual administrative cost associated with providing family reunification services to the maximum caseload of foster children is $18.0 million GF. The ongoing administrative cost per 100 cases per year associated with providing family reunification services to non-minor dependents would be $1.9 million GF. Actual costs will likely be significantly lower. For illustrative purposes, if 5% of the foster care maximum caseload and 5 non-minor dependents filed petitions to reinstate parental rights under AB 20, and those petitions ultimately required reunification services, the total GF cost would be approximately $1.2 million annually. CDSS reports additional costs, up to the low hundreds of thousands GF, for review hearings and documentation of postadoption sibling contact agreements, and in one-time automation upgrades to the California Automated Response and Engagement System (CARES).
- Court Costs: AB 20 will generate workload for the courts in the form of additional hearings to reinstate parental rights permitted by AB 20’s provisions. Of the various situations the bill’s provisions permit for petition for reinstatement, most will result in few additional hearings and a minor impact on the court. However, there is likely to be a nontrivial number of cases where youth were adopted and the adoption has failed. The will subsequently seek to reinstate the parental rights of the biological parent. This population will create additional cost pressures. It generally costs about $8,000 to operate a courtroom for one eight-hour day. Although courts are not funded on the basis of workload, increased pressure on the trial courts and staff may create a need for increased funding for courts from the General Fund (GF) to perform existing duties. Numerous trial court operations are funded through the imposition and collection of criminal fines and fees. However, the Legislature has reduced and eliminated criminal fines and fees over the past decade. As a result, the 2023-24 budget includes an ongoing annual allocation of $105.1 million backfill from the General Fund in order to address declining revenue to the Trial Court Trust Fund. To the extent this bill results in new, unfunded workload, it will likely result in delays of court services, prioritization of court cases, and may impact access to justice.
-- END --
SENATE COMMITTEE ON HUMAN SERVICES
Senator Alvarado-Gil, Chair
2023 - 2024 Regular
Bill No: | AB 20 | ||
Author: | Gipson | ||
Version: | March 15, 2023 | Hearing Date: | July 3, 2023 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Heather Hopkins | ||
Subject: Postadoption contact agreements: reinstatement of parental rights
SUMMARY
This bill increases the instances that allow for youth, based on change of circumstance or new evidence, to petition the court to seek the reinstatement of parental rights. Revises provisions related to postadoptive sibling contacts, and makes other conforming changes
ABSTRACT
Existing Law:
- Makes legislative findings and declarations regarding the benefit of continuing contact between some adoptive children and their birth relatives and the importance of postadoption contact agreements, which can be beneficial to adoptive children under certain circumstances. (FAM 8616.5(a))
- States that nothing in California adoption laws shall be construed to prevent adopting parents from entering into a voluntary agreement with the child’s birth relatives to permit a continuing contact between the child and the birth relatives if the agreement is found by the court to have been executed voluntarily and to be in the best interests of the child at the time the adoption petition is granted. (FAM 8616.5(b))
- Limits the terms of a postadoption contact agreement to just sharing information about the child for any relative, other than the birth parents, who does not have a preexisting relationship with the child. Provides ways to seek enforcement of a postadoption contact agreement, but requires the agreement to warn the parties that the adoption will not be set aside due to failure to comply with the terms of the postadoption contact agreement. (FAM 8616.5(b)(e))
- Allows a court, in an appropriate action, to find that more than two persons with a claim for parentage are parents if the court finds that recognizing only two parents would be detrimental to the child. In determining detriment, requires the court to consider all relevant factors, including the harm of removing the child from a stable placement with a parent who has fulfilled the child's physical and psychological needs for a substantial period of time. Provides that a finding of detriment to the child does not require a finding of unfitness of any person. (FAM 7612)
- Creates an exception to the rule that adoption relieves the existing parents of all parental duties and responsibilities for an adopted child if the existing parents and the prospective adoptive parent sign a waiver at any time prior to finalization of the adoption. (FAM 8617)
- Governs the disclosure of information to siblings who have been adopted to one another if both of the siblings are at least 18 years old and have filed a request with either the California Department of Social Services (CDSS), a county adoption agency, or licensed adoption agency that joined in the adoption petition (FAM 9205)
- Creates an exception to the rule that adoption relieves the birth parents of all parental duties and responsibilities for the adoption of an adult child if the adult child chooses to sign a waiver of termination of parental duties and responsibilities prior to finalization of the adoption. (FAM 9306)
- Requires, pursuant to federal law, states to use “reasonable efforts” to place siblings in the child welfare system together, unless such placement is contrary to their safety or well-being. If siblings are not placed together, requires visitation between them to occur frequently, unless it is contrary to their safety or well-being. (42 United States Code 671(a)(31))
- States that legislative intent to ensure that siblings who are removed from a home will be placed in foster care together, unless the placement is contrary to the safety or well-being of any sibling; and, when a child has been removed from the child’s home and the child has siblings who remain in the custody of a 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. (WIC 16002(a))
- Requires the county adoption agency or CDSS, if parental rights are terminated and the court orders a dependent child or ward to be placed for adoption, to take steps to facilitate ongoing sibling contact, except in those cases where the court determines by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of the child. Steps include:
- Providing training to prospective adoptive parents about the importance of sibling relationships to the adopted child and counseling on methods for maintaining sibling relationships and information about siblings of the child; and,
- To the extent practicable, requires the county placing agency to convene a meeting with the child, the siblings of the child, the prospective adoptive parents, and a facilitator for the purpose of deciding whether to voluntarily execute a postadoption sibling contact agreement after termination of parental rights and prior to finalization of the adoption. Provides that the county placing agency is not required to convene the meeting if the county placing agency determines that such a meeting or postadoption sibling contact agreement would be contrary to the safety and well-being of the child or the child requests that the meeting not occur. Allows 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. (WIC 16200(e))
- Providing training to prospective adoptive parents about the importance of sibling relationships to the adopted child and counseling on methods for maintaining sibling relationships and information about siblings of the child; and,
- Sets forth procedures for enforcing postadoption contact agreements between siblings for children adopted through the child welfare system. Provides that the court granting the petition of adoption maintains jurisdiction over the child for enforcement of the postadoption contact agreement. (WIC 366.29)
- Requires a social worker, where possible and appropriate, to place a child who has been removed from their parents or guardian because of abuse or neglect, together with their siblings or half-siblings also being removed, or to describe continuing efforts to place them together if they are not initially placed together, or to explain why placing them together is inappropriate. (WIC 306.5)
- Requires any order placing a child in foster care to provide for visitation between a child and any siblings, unless the court finds by clear and convincing evidence that sibling interaction is contrary to the safety and well-being of either child. Allows any person, including a child or NMD, to petition the juvenile court to assert a sibling relationship of a child or NMD. (WIC 362.1)
- Provides that any order of the juvenile court terminating parental rights, as provided, is conclusive and binding to those with notice, but this does not limit the right to appeal the order. (WIC 366.26 (i)(1))
- Allows a child, who has not been adopted after the passage of at least three years from the date the court terminated their parents’ rights, and for whom the court has determined that adoption is no longer the permanent plan, to petition the juvenile court to reinstate parental rights, as provided. Allows the child to file the petition prior to the expiration of the three year period, provided CDSS, or the county child welfare adoption agency, and the child stipulate that the child is no longer likely to be adopted. If it appears that the best interests of the child may be promoted by reinstatement of parental rights, requires the court to order that a hearing be held. Requires the court to grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the child’s best interest. If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, requires the court to specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights. Provides that this is intended to be retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated. (WIC 366.26 (i)(3))
- Allows parents, interested persons, and children or NMDs to petition the juvenile court to modify an order issued in a dependency case based on a change of circumstances. (WIC 388)
- Allows a nonminor who has not turned 21 years old to petition the court in which they were previously found to be a dependent or delinquent child of the juvenile court, for a hearing to determine whether to assume dependency jurisdiction over the nonminor, if they meet specified descriptions, including: they are a nonminor who received adoption assistance payments after turning 18 years old and their adoptive parent died after the nonminor turned 18 years old, but before they turned 21 years old; or, they are a nonminor who received adoption assistance payments after turning 18 years old, and their adoptive parent no longer provides ongoing support to, and no longer receive benefits on behalf of, the nonminor after the nonminor turned 18 years old, but before they turned 21 years old. (WIC 388.1(a))
- Provides for the use of tribal customary adoption in the child welfare system to allow Indian children to be adopted without first terminating the birth parents’ rights. (WIC 366.24)
This Bill:
- Allows a postadoption contact agreement with birth relatives to include, for siblings, actual contact with the child, even if the siblings do not have a preexisting relationship with the child.
- Adds siblings of nonminor dependents to the list of those required to get notice of hearings to terminate parental rights in dependency court.
- Requires, except as provided in 4), if parental rights are terminated and the court orders that a dependent child or ward be placed for adoption, the county placing agency, except when the court determines that sibling interaction is contrary to the safety or well-being of the child, to convene a meeting, within 90 days of the termination of parental rights and prior to finalization of the adoption, with the child, the siblings of the child, the prospective adoptive parents, and a facilitator to execute a postadoption sibling contact agreement.
- Prohibits, if the child being placed for adoption does not wish to enter into a postadoption sibling contact agreement, the county placing agency from convening the meeting in 3). Further prohibits the county placing agency from convening the meeting in 3) if the court, at the hearing to terminate parent rights, after considering the recommendation, if any, of the county placing agency, determines by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of the child.
- Allows, in addition to situations permitted in existing law, a child or nonminor dependent to petition the juvenile dependency court for reinstatement of parental rights in any of the following situations:
- A child or nonminor dependent who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined adoption is no longer the permanent plan.
- A child for whom the parental rights of their biological parent or parents were terminated, who was subsequently adopted, and for whom the parental rights of their adoptive parent or parents have been terminated.
- A nonminor dependent for whom the court assumed dependency jurisdiction based on a petition filed pursuant to paragraph (3) or (4) of subdivision (a) of Section 388.1.
- An Indian child, for whom the parental rights of their biological parent or parents were modified by a tribal customary adoption, who was subsequently adopted, and for whom the parental rights of their adoptive parent or parents have been modified or terminated, or who are in agreement with the modification of parental rights.
- A nonminor dependent for whom the parental rights of their biological parent or parents were modified by a tribal customary adoption and who was subsequently adopted.
- A child or nonminor dependent who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined adoption is no longer the permanent plan.
- Requires a nonminor dependent or a child over 12 years of age to sign the petition in 5), absent a showing of good cause why the nonminor dependent or child cannot do so.
- Requires the court to order a hearing on a petition in 5) if it appears that the best interest of the child or nonminor dependent may be promoted by reinstatement of parental rights. Sets forth notice requirements.
- Requires, consistent with existing law, the court to grant the petition in 5) if it finds, by clear and convincing evidence, that the child is no longer likely to be adopted and that reinstatement of parental rights is in the child’s best interest. Requires the court, if it reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, to specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights, consistent with existing law. Provides that this provision is intended to be retroactive to any child under the jurisdiction of the juvenile court, consistent with existing law
FISCAL IMPACT
The Assembly Appropriations Committee estimates cost pressures (Trial Court Trust Fund, General Fund) of a potentially significant amount to the trial courts in increased workload for family courts to review additional information pertaining to postadoption agreements and parental termination cases. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund and staff workload may create a need for increased funding for courts from the General Fund to perform existing duties. Possibly reimbursable costs (local funds, General Fund) of an unknown amount to county placing agencies. This bill requires a county placing agency to convene a meeting to discuss a postadoption sibling contact agreement on a specified timeline, requires the facilitator of the meeting to provide certain information to the parties, and requires that the contact agreement, if any, is provided to all parties and the court before an adoption is finalized. To the extent these additional requirements increase workload of county placing agencies, those workload costs may be reimbursable. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
BACKGROUND AND DISCUSSION
Purpose of the Bill:
According to the author, “Ensuring that those in the foster care system have access to the essential bond of a blood relative is a basic right any child deserves. Often, when parental rights are terminated in child welfare cases, the adopted child loses all familial ties, including with siblings. AB 20 looks to address the gaps and inconsistencies in implementation of current law surrounding siblings who are separated by adoption. This bill would allow children and young adults adopted through the child welfare system to maintain critical connections to their biological family and community. Additionally, in some circumstances, a child/nonminor dependent may re-establish a relationship with their biological parents when an adoption fails. It makes sense for these children, who want to live with their birth parents, to have an option to reinstate the biological parents’ rights; however, there is no mechanism for this process to occur. Unless it has been determined that placement together is contrary to the safety or well-being of any sibling. AB 20 provides a path forward for these families. We have plenty more work to do. But, this is a step toward a better foster care system.”
Adoption
Adoption is a legal process that provides permanent parental rights to adoptive parents who elect to take a child into their home as a permanent family member. Adoption can be a pathway to permanency for foster youth in California, but not all adoptions involve youth served by the CWS system. Of the 59,416 children and youth in foster care in 2021, the California Child Welfare Indicators Project states 5,909 children and youth exited foster care through adoption in 2021.5 In California, there are several different types of adoptions: agency, independent, intercountry, and tribal customary adoptions.
Agency Adoption: Agency adoptions occur when a public (typically a county agency) or licensed private adoption agency or a CDSS regional office places a child for adoption. The birth parent’s parental rights are terminated either by a court order or by a filing of a relinquishment. The adoption agency then becomes legally responsible for the care, custody, and control of the child. The agency studies and approves adoptive applicants before placing a child in their home for adoption, then supervises the placement for six or more months before the court approves the adoption.
Independent Adoption: In an independent adoption, a birth parent chooses the prospective adoptive parent and places the child directly with them. This is usually arranged by an attorney, with disclosure of identities between the birth and adoptive parents. The birth parent placing the child for adoption must receive an advisement of rights, responsibilities, and options from an Adoption Services Provider. The birth parent must also sign an Independent Adoption Placement Agreement, which in 30 days automatically becomes an irrevocable consent to adoption unless revoked within that time.
Tribal Customary Adoptions: Tribal Customary Adoption allows an Indian child who is a dependent of the California Juvenile Dependency Court to be adopted through the customs, laws, and traditions of the child’s tribe without the termination of the parental rights of the child’s parents. This offers Indian children with a pathway to permanency that does not require the termination of their parent’s parental rights. Existing law requires every Indian child’s social worker to discuss with the child’s tribe whether tribal customary adoption might be an appropriate permanency plan for the child if reunification efforts are unsuccessful.
An adoption or tribal customary adoption may be terminated, or set aside, by petitioning the court to terminate the adoption order in very specific circumstances and under strict time limits. Additionally, adoptive parents may have their rights terminated through involvement with the CWS system, through the same process by which a biological parent’s rights may be terminated due to abuse or neglect of the child.
Post Adoption Contact Agreements
State law recognizes that most children benefit from having either direct or indirect contact with birth relatives after being adopted, and thus provides for the development of postadoption contact agreements. These agreements are entered into voluntarily and are intended to establish ongoing contact between a child who has been adopted and their birth relatives. These agreements may, but do not need to, include provisions for visitation, future contact, and the sharing of information about the child in the future.
Existing law places limits on such contact, even between siblings, if it is contrary to the safety and well-being of the child. Existing law provides that post adoption contact agreements with birth relatives other than the child’s birth parent(s) shall be limited to the sharing of information about the child, unless the child has a preexisting relationship with the birth relative. Existing law also requires certain relatives receive notice of the termination of parental rights. This may increase the likelihood of a relative placement, by helping ensure relatives are aware of the child’s status within the CWS system and that reunification is no longer in the case plan. This may encourage relatives to seek to serve as foster care placement or pursue a guardianship of the child. Additionally, it makes sure the child’s relatives, including siblings, are aware the child is eligible for adoption or guardianship, thus making them aware of the need for potential efforts to be made to ensure post adoption contact.
Finally, existing law requires, to the extent practicable, county placing agencies to convene a meeting with the child, the sibling or siblings of the child, the prospective adoptive parent(s) and a facility for the purpose of deciding whether to voluntarily execute a postadoption sibling contact agreement after the termination of parent rights and prior to the finalization of adoption. The goal of this meeting is to help create a post-adoption contact agreement for ongoing sibling relationships. Existing law does not require the county placing agency to convene such a meeting if the county determines postadoption sibling contact would be contrary to the safety and wellbeing of the child, or if the child requests that a meeting not occur.
Post Adoption Parental Rights
Existing law allows for the reinstatement of parental rights in limited circumstances. Specifically, existing law provides that, for a child who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan, a child may petition the juvenile court to reinstate parental rights. Existing law requires, that if it appears that the best interests of the child may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and give prior notice to the social worker or probation officer and to the child’s attorney of record, the child’s tribe, if the child is an Indian child, and other parties as appropriate. Existing law further requires the court grant the petition if the court finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the child’s best interest.
This bill strikes and rewrites these existing provisions, and also expands the categories of youth who may petition the juvenile court to reinstate parental rights to include:
- A child or nonminor dependent who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined adoption is no longer the permanent plan.
- A child for whom the parental rights of their biological parent or parents were terminated, who was subsequently adopted, and for whom the parental rights of their adoptive parent or parents have been terminated.
- A nonminor dependent for whom the court assumed dependency jurisdiction based on a petition filed pursuant to paragraph (3) or (4) of subdivision (a) of Section 388.1.
- An Indian child, for whom the parental rights of their biological parent or parents were modified by a tribal customary adoption, who was subsequently adopted, and for whom the parental rights of their adoptive parent or parents have been modified or terminated, or who are in agreement with the modification of parental rights.
- A nonminor dependent for whom the parental rights of their biological parent or parents were modified by a tribal customary adoption and who was subsequently adopted.
Similar Legislation was Vetoed by the Governor
This bill is virtually identical to AB 1794 (2022) Gipson, with two differences: this bill retains a provision allowing DSS to inspect and copy an adoption case file in specified instances that AB 1794 would have deleted; and this bill requires a social worker or probation officer provide notice of a selection and implementation hearing to the child’s Court-Appointed Special Advocate, if any.
Governor Newsom’s veto message to AB 1794 read:
This bill would provide several paths whereby a foster child or adopted Nonminor dependent may petition for the reinstatement of their biological parent's rights. This bill would additionally require counties to pursue a postadoption sibling contact agreement and facilitate a child and family team meeting in all adoption cases to determine whether the child would benefit from sibling contact.
While I understand the author's intent, there are existing legal pathways for foster children and legal adults to petition for reinstatement of their parents' rights, and additional work is needed to determine if those pathways are insufficient. Additionally, implementation of this bill would likely result in ongoing costs of tens of millions of dollars not accounted for in the budget.
With our state facing lower-than-expected revenues over the first few months of this fiscal year, it is important to remain disciplined when it comes to spending, particularly spending that is ongoing. We must prioritize existing obligations and priorities, including education, health care, public safety and safety-net programs.
The Legislature sent measures with potential costs of well over $20 billion in one-time spending commitments and more than $10 billion in ongoing commitments not accounted for in the state budget. Bills with significant fiscal impact, such as this measure, should be considered and accounted for as part of the annual budget process.
The Assembly Judiciary Committee’s analysis of this bill set forth the author’s response to the veto as follows:
“Respectfully, Children’s Law Center of California (“CLC”), as the sponsor of AB 1794 (2022) and AB 20 (2023), disagrees [with the Governor’s statement that “there are existing legal pathways for foster children and legal adults to petition for reinstatement of their parents' rights.”] Current law . . . allows for the reinstatement of parental rights but only in the very limited circumstance of when a child who has not been adopted after at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan. AB 20 is seeking to expand current law to allow for the reinstatement of parental rights for youth who have been adopted but that adoption has failed/been disrupted prior to the youth turning 21. As counsel for over half of the children and youth in foster care in California, CLC has seen numerous clients be adopted but then through a variety of circumstances, often many years later, that adoptive relationship ends. In some of those situations, the youth has reestablished a connection with their biological parent and wants to have that relationship recognized as it is the only parental relationship remaining in their lives. CLC believes AB 20 provides a much-needed pathway for this small contingent of youth in foster care.
Additionally, Governor Newsom cited cost concerns in his veto of AB 1794. In order to address those concerns, Assemblymember Gipson has submitted a budget ask of $1 million to support the implementation of AB 20.”
Related/Prior Legislation:
SB 1060 (Leno, Chapter 719, Statutes of 2016) required the county placing agency, to the extent practicable, to convene a meeting with the child, siblings of the child, prospective adoptive parents, and a facilitator for the purpose of deciding whether to execute a postadoption sibling contact agreement for a child being adopted out of the child welfare system.
AB 743 (Portantino, Chapter 560, Statutes of 2010) made changes to the standards for sibling visitation, interaction, and placement for children who are placed out-of-home, in foster care, or adoption, to conform with language in the federal Fostering Connections Act, and required placing agencies to notify a dependent child’s attorney of placements and changes in placement, as specified.
AB 705 (Steinberg, Chapter 747, Statutes of 2001) ensured that sibling relationships are considered at all appropriate hearings and siblings are placed together when appropriate.
AB 1987 (Steinberg, Chapter 909, Statutes of 2000) recognized the importance of sibling relationships and required the court to consider the existence, nature and impact of a dependent child's sibling relationships on the child's placement and planning for legal permanence.
AB 740 (Steinberg, Chapter 805, Statutes of 1999) expedited the procedure for permanent placement of a sibling group.
COMMENTS
This bill expands existing provisions and creates new situations when parental rights may be reinstated. These situations include when a child has not been adopted after three years from the time of termination of parental rights and a child who was adopted and then the adopted parents parental rights were terminated. Expanding the circumstances under which a child can petition the court to reinstate parental rights, and if the court determines such a reinstatement is in the child’s best interest, gives youth an opportunity to potentially have a parent rather than be a legal orphan.
PRIOR VOTES
Senate Judiciary Committee: | 11 - 0 |
Assembly Floor: | 78 - 0 |
Assembly Appropriations Committee: | 15 - 0 |
Assembly Human Services: | 7 - 0 |
Assembly Judiciary Committee: | 11 - 0 |
POSITIONS
Support:
Children's Law Center of California (Sponsor)
Aouon Orange County
County of Santa Clara
John Burton Advocates for Youth
National Association of Social Workers, California Chapter
Oppose:
None received
-- END --
Senator Thomas Umberg, Chair
2023-2024 Regular Session
Bill No: AB 20 (Author:Gipson)
Version: March 15, 2023
Hearing Date: June 20, 2023
Fiscal: Yes
Urgency: No
Consultant: AWM
SUBJECT
Postadoption contact agreements: reinstatement of parental rights
DIGEST
This bill furthers the State public policy of helping siblings maintain contact with each other when they are in the child welfare system and provides further avenues for some parents to have their parental rights reinstated after they have been terminated.
EXECUTIVE SUMMARY
The dependency system primarily examines the relationship between a child and their parent or guardian and whether the child is experiencing harm or is at risk of harm due to the parent or guardian’s action or inaction. In the last few decades, however, the State has made an increased effort to ensure that children under the jurisdiction of the juvenile court who end up in temporary placements or are permanently adopted do not also lose contact with their siblings. Sibling relationships can be a source of love and stability throughout the dependency and adoption process, and the failure to maintain connections between siblings can add to the already-traumatic experience of being removed from parental custody. This bill furthers the state policy of encouraging sibling contact by allowing a postadoption contact agreement with birth relatives to include, for siblings, actual contact with the child even if the sibling does not have a preexisting relationship with the child; adding siblings of nonminor dependents to the list of those required to get notice of hearings to terminate parental rights in dependency court; and requires a county placing agency to convene a meeting for a facilitator to address the possibility of postadoption sibling contact, except in specified narrow circumstances.
Postadoption contact with family may include contact with the parents whose rights have been terminated; existing law recognizes that in some cases there may be a need, for the best interest of the child, for terminated parental rights to be reinstated. Current law allows a child who meets specified criteria, and for whom the court has determined that adoption is no longer the permanent plan, to petition the court to reinstate parental rights. The court is required to grant the petition if it finds, by clear and convincing evidence, that the child is no longer likely to be adopted and that reinstatement of parental rights is in the child’s best interest. In an effort to ensure that children and youth are not left as legal orphans, this bill expands the circumstances under which a child may so petition for reinstatement or modification of parental rights.
This bill is sponsored by the Children’s Law Center of California and is supported by the County of Santa Clara and the National Association of Social Workers – California Chapter. There is no known opposition. If this Committee passes this bill, it will be heard by the Senate Human Services Committee.
PROPOSED CHANGES TO THE LAW
Existing law:
- States that the Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent or parents, siblings, or an Indian tribe, after being adopted, and that postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when such contact is beneficial to the children and the agreements are voluntary. (Fam. Code, § 8616.5(a).)
- A “sibling,” for purposes of a postadoption contact agreement, is a person related to the child by blood, adoption, or affinity through a common legal or biological parent. (Fam. Code, § 8616.5(l).)
- Provides nothing in the adoption laws of the state prevent an adopting parent or parents, the birth relatives, or an Indian tribe, and the child, from voluntarily executing a written agreement to permit contact between the birth relatives, as specified, if the court finds that the agreement was executed voluntarily and to be in the best interest of the child at the time the adoption petition is granted. (Fam. Code, § 8616.5(b).)
- Sets forth requirements for postadoption contact agreements, including that the adopted child is considered a party to the postadoption contact agreement and must consent to changes made when the child is 12 years of age or older, and provides that jurisdiction over the enforcement of a postadoption contact agreement for a child who was a dependent of the juvenile court at the time of the adoption, shall be in the court that granted the adoption petition. (Fam. Code, § 8616.5(c)-(f).)
- Establishes procedures for hearings to terminate parental rights or establish the guardianship of a child who is a dependent or ward of the juvenile court, including requiring that the social worker or probation officer give notice of a selection and implementation hearing to specified persons, including the child’s mother, presumed and alleged fathers, Indian custodian, and any known sibling, if the sibling is the subject of a dependency proceeding or has been adjudged to be a dependent child of the juvenile court. (Welf. & Inst. Code, § 294.)
- Permits a child who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the court to reinstate parental rights.
- The child may file the petition prior to the expiration of the three-year period if the Department of Social Services (DSS) or adoption agency that is responsible for custody and supervision of the child and the child stipulate that the child is no longer likely to be adopted.
- A child over 12 years of age shall sign the petition in the absence of good cause showing why they could not do so.
- If it appears that it is in the best interest of the child to reinstate parental rights, the court shall hold a noticed hearing, as specified, and grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement is in the child’s best interest.
- If a court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights. (Welf. & Inst. Code, § 366.26(i)(3).)
- Requires, at a review hearing for a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, or for an Indian child for whom parental rights are not terminated and a tribal customary adoption is being considered, the county welfare to prepare and present to the court a report containing specified information about the child, including whether the final adoption order should include provisions for postadoptive sibling contact. (Welf. & Inst. Code, § 366.3(g).)
This bill:
- Expands the availability of continued sibling contact by:
- Clarifying that a postadoption contact agreement with siblings need not be limited to sharing of information.
- Requiring the social worker’s report prepared in connection with a review hearing for a child ordered placed for adoption to include the status of a postadoptive sibling contact agreement.
- Requiring a county placing agency, when a child has been ordered placed for adoption, to convene a meeting with a facilitator to discuss a sibling postadoption contact agreement and ensure that all parties are aware of the benefits of such an agreement; if such an agreement is executed, the agreement shall be provided to all parties and the court prior to the finalization of the adoption.
- Limiting the circumstances in which a county placing agency may decline to hold a meeting on postadoption sibling contact, to situations where the court determines by clear and convincing evidence that sibling interaction is contrary to the safety or wellbeing of the child or where the child informs the court they do not wish to enter into such an agreement.
- Requires, as a prerequisite to the enforcement of a postadoption contact agreement, the court find that the party seeking enforcement participated or attempted to participate in good faith dispute resolution.
- Requires that a social worker or probation officer provide notice of a selection and implementation hearing to a sibling of the child who is a nonminor dependent and to the child’s Court-Appointed Special Advocate, if any.
- Eliminates the existing provision for the reinstatement of parental rights.
- Establishes a new framework allowing a child or nonminor dependent to petition the juvenile court to reinstate or modify parental rights, as follows:
- A child or nonminor dependent may file the petition if (1) they have not been adopted after at least three years from the date parental rights were terminated and the court has determined adoption is no longer the permanent plan; (2) they were adopted but parental rights of the adoptive parents have been terminated; (3) they are a nonminor dependent who had exited the juvenile court’s jurisdiction and jurisdiction was resumed under specified circumstances; (4) they are an Indian child whose parental rights were modified and who was adopted, but the parental rights of the adoptive parents have been terminated and/or they are in agreement with the modification of parental rights; or (5) they are a nonminor dependent or whom the parental rights of their biological parent or parents were modified by a tribal customary adoption and who was subsequently adopted.
- A qualifying child or nonminor dependent may file a petition to reinstate parental rights before the expiration of the three-year period if DSS or the adoption agency responsible for the child or nonminor dependent stipulates that the child or nonminor dependent is no longer likely to be adopted.
- Authorizes a child over the age of 12 or a nonminor dependent to sign the petition absent a showing of good cause as to why they should not.
- Requires a court to hold a hearing on the petition if it appears that the best interest of the nonminor dependent may be promoted by the reinstatement, with notice provided to specified individuals, including the child or nonminor dependent’s attorney of record and tribe, if any.
- For a child who falls under (1)-(3) of 5)(a), the court must grant the petition if it finds by clear and convincing evidence that reinstatement is in the best interest of the child or nonminor dependent; for a child who falls under (4)-(5), the juvenile court shall resume dependency jurisdiction to provide the child’s or nonminor dependent’s tribe an opportunity to modify the tribal customary adoption order.
- If a child reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights.
- The new section is retroactive and applies to any child or nonminor dependent who was under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated.
- A nonminor dependent whose biological parent’s or parents’ rights have been reinstated pursuant to this section may waive the termination of the parental duties and responsibilities of an existing adoptive parent or parents by signing a waiver at any time prior to the reinstatement of parental rights. The waiver may be included in the petition for reinstatement of parental rights or in a separate writing filed with the court.
COMMENTS
- Author’s comment
According to the author:
Ensuring that those in the foster care system have access to the essential bond of a blood relative is a basic right any child deserves. Often, when parental rights are terminated in child welfare cases, the adopted child loses all familial ties, including with siblings. AB 20 looks to address the gaps and inconsistencies in implementation of current law surrounding siblings who are separated by adoption. This bill would allow children and young adults adopted through the child welfare system to maintain critical connections to their biological family and community. Additionally, in some circumstances, a child/nonminor dependent may re-establish a relationship with their biological parents when an adoption fails. It makes sense for these children, who want to live with their birth parents, to have an option to reinstate the biological parents’ rights; however, there is no mechanism for this process to occur. Unless it has been determined that placement together is contrary to the safety or well-being of any sibling. AB 20 provides a path forward for these families. We have plenty more work to do. But, this is a step toward a better foster care system.
2. The dependency system, termination of parental rights, and reinstatement of parental rights
The overarching goal of dependency proceedings is to safeguard the welfare of California’s children.[1] Welfare and Institutions Code section 300 sets forth the circumstances that can bring a child within the jurisdiction of the juvenile dependency court. “ ‘Although the harm or risk of harm to the child [for jurisdictional purposes] must generally be the result of an act, omission or inability of one of the parents or guardians, the central focus of dependency jurisdiction is clearly on the child rather than the parent.’ ”[2]
When a child is found to be under the jurisdiction of the juvenile court, the court is determined to be a dependent of that court and the court may begin proceedings to remove the child from the custody of their parent(s); if, after a series of hearings, a parent is found to be unfit, the court can terminate the parent’s parental rights.[3] The overarching inquiry is whether the child would suffer, or is likely to suffer, harm if they remain with their parent.
In some cases, however, there may be a need for terminated parental rights to be reinstated. Current law allows a child, who has not been adopted after the passage of at least three years from the date the court terminated their parents’ parental rights (or shorter if certain conditions are met) and for whom the court has determined that adoption is no longer the permanent plan, to petition the court to reinstate parental rights. If it appears that the best interests of the child may be promoted by reinstatement of parental rights, the court is required to hold a hearing and the court is required to grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the child’s best interest.
Reinstating parental rights in some cases helps to ensure that children are not left as legal orphans, with their birth parents’ rights terminated and with no adoptive family. Instead, provided the court determines it is in the best interest of the child, parental rights can be reinstated.
3. State and federal policy encourage maintaining contact between siblings
In October 2008, Congress passed, and the President signed, the Fostering Connections to Success and Increasing Adoptions Act (Act) to promote permanent families for children and youth in foster care by providing greater assistance to relative caregivers and improving incentives for adoption.[4] Among other things, the Act requires states to use “reasonable efforts” to place siblings together, unless such placement is contrary to their safety or well-being. [5] If the siblings are not placed together, visitation between them must occur frequently, unless the visitation is contrary to their safety or well-being.[6]
Even before the passage of the Act, California has made it state policy to support and protect sibling relationships when children are under the jurisdiction of the juvenile court and following an adoption.[7] Since then, California has enacted several additional measures to expand the legal protections for sibling relationships.[8]
4. This bill increases access to sibling contact and expands the right to petition for reinstatement of parental rights
As the Children’s Law Center of California, the sponsor of the bill, notes, “[d]espite existing protections, too often children and nonminors adopted from the child welfare system lose all familial ties.” This bill is intended to help children and nonminor dependents in the dependency system preserve ties with their siblings and, where appropriate, reconnect with their parents after parental rights have been terminated.
The bill makes a number of tweaks to the existing law surrounding postadoption contact agreements relating to siblings. These tweaks include clarifying that a postadoption contact agreement with siblings need not be limited to the sharing of information; requiring a county placement agency to provide a meeting with a facilitator to discuss postadoption sibling contact unless the court finds such a meeting is not in the child’s best interest or the child declines; and requiring the social worker for a child who has been ordered placed for adoption to apprise the court about the status of postadoption sibling contact agreements. The bill also requires that notice of a selection hearing be provided to a child’s sibling if the sibling is a nonminor dependent, thereby making it easier for such siblings to seek out postadoption contact. Overall, these measures should provide greater protections for siblings.
The bill also recasts and revises the current framework for reinstating parental rights that have been terminated or, in certain cases involving Indian children, parental rights that have been modified. These situations either allow the child to have a parent – as opposed to none – or allow the child, in limited situations already recognized today under existing law, to have a legal parent-child relationship with both their adoptive parents and their birth parents. Assuming these are safe relationships for the child – and the court is required to make that determination before reestablishing parental rights – this should avoid the situation where a child is a legal orphan and allow the child to have support and love from at least one family member.
5. Prior similar legislation and response to the Governor’s veto
This bill is virtually identical to a bill introduced by the author last session, AB 1794 (Gipson, 2022). The only differences are (1) this bill retains a provision allowing DSS to inspect and copy an adoption case file in specified instances that AB 1794 would have deleted, and (2) this bill requires a social worker or probation officer provide notice of a selection and implementation hearing to the child’s Court-Appointed Special Advocate, if any.
AB 1794 received an 11-0 vote in this Committee and was passed both houses of the Legislature. Governor Newsom vetoed the bill, however, stating in his veto message:
This bill would provide several paths whereby a foster child or adopted Nonminor dependent may petition for the reinstatement of their biological parent's rights. This bill would additionally require counties to pursue a postadoption sibling contact agreement and facilitate a child and family team meeting in all adoption cases to determine whether the child would benefit from sibling contact.
While I understand the author's intent, there are existing legal pathways for foster children and legal adults to petition for reinstatement of their parents' rights, and additional work is needed to determine if those pathways are insufficient. Additionally, implementation of this bill would likely result in ongoing costs of tens of millions of dollars not accounted for in the budget.
With our state facing lower-than-expected revenues over the first few months of this fiscal year, it is important to remain disciplined when it comes to spending, particularly spending that is ongoing. We must prioritize existing obligations and priorities, including education, health care, public safety and safety-net programs.
The Legislature sent measures with potential costs of well over $20 billion in one-time spending commitments and more than $10 billion in ongoing commitments not accounted for in the state budget. Bills with significant fiscal impact, such as this measure, should be considered and accounted for as part of the annual budget process.[9]
As set forth in the Assembly Judiciary Committee’s analysis of this bill, the author’s response to the veto is as follows:
Respectfully, Children’s Law Center of California (“CLC”), as the sponsor of AB 1794 (2022) and AB 20 (2023), disagrees [with the Governor’s statement that “there are existing legal pathways for foster children and legal adults to petition for reinstatement of their parents' rights.”] Current law . . . allows for the reinstatement of parental rights but only in the very limited circumstance of when a child who has not been adopted after at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan. AB 20 is seeking to expand current law to allow for the reinstatement of parental rights for youth who have been adopted but that adoption has failed/been disrupted prior to the youth turning 21. As counsel for over half of the children and youth in foster care in California, CLC has seen numerous clients be adopted but then through a variety of circumstances, often many years later, that adoptive relationship ends. In some of those situations, the youth has reestablished a connection with their biological parent and wants to have that relationship recognized as it is the only parental relationship remaining in their lives. CLC believes AB 20 provides a much-needed pathway for this small contingent of youth in foster care.
Additionally, Governor Newsom cited cost concerns in his veto of AB 1794. In order to address those concerns, Assemblymember Gipson has submitted a budget ask of $1 million to support the implementation of AB 20.
6. Arguments in support
According to the County of Santa Clara:
The child welfare system in California is designed to protect the health and safety of children who are subject to, or at risk of, abuse or neglect. The desired outcome is to reunite children with their parents, when appropriate, and to help preserve and strengthen families. Children who are or have been involved in the child welfare system often lose all contact with their birth parents and siblings.
[This] bill will make it easier for siblings to stay in contact with each other, even if one sibling is adopted, and it expands the existing process to petition the juvenile court for reinstatement of parental rights, mainly when the child would otherwise be left without that support.
SUPPORT
Children’s Law Center of California (sponsor)
County of Santa Clara
National Association of Social Workers – California Chapter
OPPOSITION
None known
RELATED LEGISLATION
Pending Legislation: AB 1650 (Patterson, 2023) among other things, clarifies the timing for when a postadoption contact agreement must be filed with the court in an adoption proceeding. AB 1650 is pending before this Committee.
Prior Legislation:
AB 2845 (Patterson, 2022) would have expanded the use of post-adoption contact agreements to maintain ties between an adopted child and their birth family and specified what a court must consider before ruling on a petition to terminate parental rights. AB 2895 was vetoed by Governor Newsom, whose veto message cited cost concerns as the reason for the veto.
AB 1794 (Gipson, 2022) was substantially similar to this bill and was vetoed by the Governor. See Comment 4 of this analysis for further discussion.
AB 993 (Patterson, 2021) among other things would have modified the potential scope of postadoption contact agreements and required a court in an adoption proceeding to grant postadoption contact privileges unless the court specifically finds that the privileges are not in the best interest of the child. AB 993 died in the Senate Appropriations Committee.
PRIOR VOTES:
Assembly Floor (Ayes 78, Noes 0)
Assembly Appropriations Committee (Ayes 15, Noes 0)
Assembly Human Services Committee (Ayes 7, Noes 0)
Assembly Judiciary Committee (Ayes 11, Noes 0)
**************
In re Josiah Z. (2005) 36 Cal.4th 664, 673. ↑
In re R.T., 3 Cal.5th 622, 626. ↑
See Welf. & Inst. Code, §§ 360, 361.3, 366.26. ↑
P.L. 110-351, 110th Cong. (2007-2008). ↑
42 U.S.C. § 671(a). ↑
Ibid. ↑
E.g., AB 1987 (Steinberg, Ch. 909, Stats. 2000); AB 740 (Steinberg, Ch. 805, Stats. 1999). ↑
E.g., SB 1060 (Leno, Ch. 719. Stats. 2016); AB 1099 (Steinberg, Ch. 773, Stats. 2014); AB 743 (Portantino, Ch. 560, Stats. 2010). ↑
Governor’s veto message to Assem. on Assem. Bill No. 1794 (Sept, 29, 2022), Recess J. No. 10, p. 6792. ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 20
Author:(Gipson)
As Amended Ver:March 15, 2023
Majority vote
SUMMARY
For children who have been in the child welfare system, enhances postadoption contact agreements between them and their siblings, and expands instances when their birth parent's rights may be reinstated, provided it is in the children’s best interest.
Major Provisions
- Allows a postadoption contact agreement with birth relatives to include, for siblings, actual contact with the child, even if the siblings do not have a preexisting relationship with the child.
- Adds siblings of nonminor dependents to the list of those required to get notice of hearings to terminate parental rights in dependency court.
- Except as provided in 4), below, if parental rights are terminated and the court orders that a dependent child or ward be placed for adoption, requires the county placing agency, except when the court determines that sibling interaction is contrary to the safety or well-being of the child, to convene a meeting with the child, the siblings of the child, the prospective adoptive parents, and a facilitator to execute a postadoption sibling contact agreement after termination of parental rights and prior to finalization of the adoption.
- If the child being placed for adoption does not wish to enter into a postadoption sibling contact agreement, prohibits the county placing agency from convening the meeting in 3), above.
- In addition to situations permitted in existing law, allows a child or nonminor dependent to petition the juvenile dependency court for reinstatement or modification of parental rights in any of the following situations:
- A child for whom the parental rights of their biological parents were terminated, who was subsequently adopted, and for whom the parental rights of their adoptive parents have been terminated.
- A nonminor dependent for whom the court assumed dependency jurisdiction because the adoptive parents died or is no longer providing support for the nonminor, as provided.
- An Indian child for whom the parental rights of their biological parents were modified by a tribal customary adoption, who was subsequently adopted, and for whom the parental rights of their adoptive parents have been modified or terminated, or who are in agreement with the modification of parental rights.
- A nonminor dependent for whom the parental rights of their biological parents were modified by a tribal customary adoption and who was subsequently adopted.
- Requires a nonminor dependent or a child over 12 years of age to sign the petition in 5), above, absent a showing of good cause why the nonminor dependent or child cannot do so.
- Requires the court to order a hearing on a petition in 5), above, if it appears that the best interest of the child or nonminor dependent may be promoted by reinstatement of parental rights. Sets forth notice requirements.
- Requires, consistent with existing law, the court to grant the petition in 5a) and 5b), above, if it finds, by clear and convincing evidence, that the child is no longer likely to be adopted and that reinstatement of parental rights is in the child's best interest. Requires the court, if it reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, to specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights, consistent with existing law. Provides that this provision is intended to be retroactive to any child under the jurisdiction of the juvenile court, consistent with existing law.
- Requires the court, for a child or nonminor dependent described in 5c) and d) above, to resume dependency jurisdiction to provide the child's or nonminor dependent's tribe an opportunity to modify the tribal customary adoption order. Requires the court to grant the modified tribal customary adoption order full faith and credit when the tribe files the tribal customary adoption order, as provided.
- Requires notice of a selection and implementation hearing to be provided to a child or youth's Court-Appointed Special Advocate, if one has been appointed.
COMMENTS
California's child welfare system is designed to provide for the protection and the health and safety of children who are subject to, or at risk of, abuse or neglect. The desired outcome is to reunite children with their parents, when appropriate, and to help preserve and strengthen families. Unfortunately, too often, children who are or have been involved in the child welfare system, can lose all contact with their birth parents and their siblings. Over the years, state and federal statutes have expanded policies to keep children with their families when at all possible and keep siblings together both in and outside of the foster care system.
This bill builds on those family connecting strategies in two key ways. First, it makes it easier for siblings to stay in contact with each other, even if one sibling is adopted, by expanding postadoption access through postadoption contact agreements. Second, it expands on an existing process to petition the juvenile court for reinstatement of parental rights, mainly when the child would otherwise be left without that support and potentially without any parents.
Postadoption contact between siblings. This bill seeks to improve contact between siblings after one has been adopted in several important ways. First, it allows a postadoption contact agreement to include actual contact with siblings, even if the siblings do not have a preexisting relationship with the adopted child. Second, it adds siblings of nonminor dependents to the list of those required to get notice of hearings to terminate parental rights in dependency court.
Finally, the bill requires, as opposed to allows, the county child welfare agency placing a dependent child up for adoption to convene a meeting with the child, the child's siblings, the prospective adoptive parents, and a facilitator to execute a postadoption sibling contact agreement after termination of parental rights and prior to finalization of the adoption. Under the bill, this meeting must occur unless either 1) the court determines that sibling interaction is contrary to the safety or well-being of the child; or 2) the child being placed for adoption does not wish to enter into a postadoption sibling contact agreement.
These changes, taken together, will help ensure that siblings remain as part of each other's lives as much as possible, even if one of the siblings has been adopted by another family. As discussed above, sibling bonds are vitally important to children, especially children who have been involved with the child welfare system, and this bill provides multiple ways to maintain or create these vital bonds, assuming there is no danger to the child.
Reinstatement of parental rights in appropriate cases. While keeping children with their parents is a key goal of the child welfare system, sometimes parental rights have to be terminated and children must be placed in other permanency options, including adoption, guardianship, or long-term foster care. (See Welfare & Institutions (WIC) Code Section 366.26.) Existing law, however, recognizes that there may be a need, for the best interest of the child, for those terminated parental rights to be reinstated in limited cases. Reinstating parental rights in appropriate cases helps to ensure that children are not left as legal orphans, with their birth parents' rights terminated and with no adoptive family. Instead, provided the court determines it is in the best interest of the child, the child is given their parents – their family – back.
This bill allows parental rights to be reinstated under additional circumstances. These situations either allow the child to have a parent – as opposed to none – or allow the child, in limited situations already recognized today under existing law, to have a legal parent-child relationship with both their adoptive parents and their birth parents. Assuming these are safe relationships for the child – and the court is required to make that determination before reestablishing parental rights – this should avoid the situation where a child is a legal orphan and allow the child to have support and love from at least one family.
Prior Similar Legislation – Veto of AB 1794. This bill is virtually identical to a bill introduced by the author in the 2021-2022 legislative session (AB 1794). The main difference between the two bills is that AB 1794 would have eliminated the provision in existing law (WIC 366.26 (e)(3)(B)) that allows the department to inspect and copy the adoption case file in cases of a child who is subject to a tribal customary adoption agreement and has a developmental disability or mental illness, whereas this bill would retain that provision in existing law.
According to the Author
Often, when parental rights are terminated in child welfare cases, the adopted child loses all familial ties, including with siblings. AB 20 looks to address the gaps and inconsistencies in implementation of current law surrounding siblings who are separated by adoption [allowing] children and young adults adopted through the child welfare system to maintain critical connections to their biological family and community. Additionally, in some circumstances, a child/nonminor dependent may re-establish a relationship with their biological parents when an adoption fails. AB 20 provides a path forward for these families. We have plenty more work to do. But, this is a step toward a better foster care system.
Arguments in Support
Sponsor Children's Law Center of California and several other organizations in support of the bill write the following to explain why the bill would help youth who lose contact with their families while in foster placement:
AB 20 looks to address the gaps and inconsistencies in implementation of current law meant to protect familial relationships by: (a) requiring the child welfare agency to set up a meeting to address post-adoption contact between siblings when parental rights are terminated, and (b) broadening the circumstances in which a court may reinstate parental rights for a biological parent when it is in the best interests of a child or nonminor dependent.
The proposed changes in AB 20 would enable our clients and former clients to maintain critical connections to their biological family and community.
Arguments in Opposition
No opposition on file.
FISCAL COMMENTS
According to the Assembly Appropriations analysis:
- Cost pressures (Trial Court Trust Fund, General Fund) of a potentially significant amount to the trial courts in increased workload for family courts to review additional information pertaining to postadoption agreements and parental termination cases. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund and staff workload may create a need for increased funding for courts from the General Fund to perform existing duties.
- Possibly reimbursable costs (local funds, General Fund) of an unknown amount to county placing agencies. This bill requires a county placing agency to convene a meeting to discuss a postadoption sibling contact agreement on a specified timeline, requires the facilitator of the meeting to provide certain information to the parties, and requires that the contact agreement, if any, is provided to all parties and the court before an adoption is finalized. To the extent these additional requirements increase workload of county placing agencies, those workload costs may be reimbursable. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
The author has submitted a one-time budget request of $1 million to help fulfill the requirements of the bill.
VOTES
ASM JUDICIARY: 11-0-0
YES: Maienschein, Essayli, Connolly, Dixon, Haney, Kalra, Pacheco, Papan, Reyes, Robert Rivas, Sanchez
ASM HUMAN SERVICES: 7-0-1
YES: Jackson, Sanchez, Alanis, Arambula, Bryan, Calderon, Garcia
ABS, ABST OR NV: Bonta
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega
ABS, ABST OR NV: Robert Rivas
UPDATED
VERSION: March 15, 2023
CONSULTANT: Alison Merrilees / JUD. / (916) 319-2334 FN: 0000441
Date of Hearing: May 10, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 20
Author:(Gipson) – As Amended Ver:March 15, 2023
Policy Committee: | Judiciary | Vote: | 11 - 0 |
Human Services | 7 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill allows a postadoption contact agreement with birth relatives to include, for siblings, actual contact with the child, even if the siblings do not have a preexisting relationship with the child.
Specifically, this bill:
- Requires siblings of nonminor dependents (NMDs) to receive notice of any hearing to terminate parental rights in dependency court. This bill also authorizes a child or an NMD to petition the juvenile dependency court for reinstatement of parental rights.
- Expands the circumstances in which a child or an NMD is authorized to petition the juvenile dependency court for reinstatement of parental rights to include the following:
- A child for whom the parental rights of their biological parents were terminated, who was subsequently adopted and for whom the parental rights of their adoptive parents have been terminated.
- A child for whom the parental rights of their biological parents were terminated, who was subsequently adopted and for whom the adoptive parent or parents are in agreement with reinstatement of parental rights.
- An NMD for whom the parental rights of their biological parents were terminated and who was subsequently adopted, consistent with existing law.
- Requires the court to order a hearing on a petition to reinstate parental rights if it appears that the best interest of the child or an NMD may be promoted by reinstatement of parental rights.
- Requires the court, if it reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, to specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights, consistent with existing law. Provides that this provision is intended to be retroactive to any child under the jurisdiction of the juvenile court, consistent with existing law.
FISCAL EFFECT:
- Cost pressures (Trial Court Trust Fund, General Fund) of a potentially significant amount to the trial courts in increased workload for family courts to review additional information pertaining to postadoption agreements and parental termination cases. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund and staff workload may create a need for increased funding for courts from the General Fund to perform existing duties.
- Possibly reimbursable costs (local funds, General Fund) of an unknown amount to county placing agencies. This bill requires a county placing agency to convene a meeting to discuss a postadoption sibling contact agreement on a specified timeline, requires the facilitator of the meeting to provide certain information to the parties, and requires that the contact agreement, if any, is provided to all parties and the court before an adoption is finalized. To the extent these additional requirements increase workload of county placing agencies, those workload costs may be reimbursable. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
The author has submitted a one-time budget request of $1 million to help fulfill the requirements of the bill.
COMMENTS:
- Author’s Statement. According to the author:
Ensuring that those in the foster care system have access to the essential bond of a blood relative is a basic right any child deserves. Often, when parental rights are terminated in child welfare cases, the adopted child loses all familial ties, including with siblings… This bill would allow children and young adults adopted through the child welfare system to maintain critical connections to their biological family and community. Additionally, in some circumstances, a child/nonminor dependent may re-establish a relationship with their biological parents when an adoption fails. It makes sense for these children, who want to live with their birth parents, to have an option to reinstate the biological parents’ rights; however, there is no mechanism for this process to occur. Unless it has been determined that placement together is contrary to the safety or well-being of any sibling. [This bill] provides a path forward for these families.
- Sibling Reunification. The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 was the first recognition in federal law of the importance of keeping siblings together, and it required states to make reasonable efforts to maintain sibling connections. Reasonable efforts include: (a) placing siblings removed from their home in the same foster care, kinship, guardianship or adoptive placement, unless the state documents that such a joint placement would be contrary to the safety or well-being of any of the siblings; and (b) in the case of siblings removed from their home who are not placed together, to provide for frequent visitation or other ongoing interaction between the siblings, unless the state documents that frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.
Current law requires a social worker, to the extent it is practical and appropriate, to place a minor together with any siblings or half-siblings who are also detained. If a joint placement is not made, the social worker must include in the case report a statement of their continuing efforts to place the siblings together or why those efforts are not appropriate. This bill allows foster youth who have been adopted to have access to their biological siblings by allowing postadoption contact even if the siblings do not have a preexisting relationship. This bill also allows for the reinstatement of parental rights for those who wish to re-establish a relationship with their biological parents when it appears to be in the best interest of the child or NMD, through a process within the juvenile court.
- Prior Legislation. AB 1794 (Gipson), of the 2021-2022 Legislative Session, was substantially similar to this bill. AB 1794 was vetoed by Governor Newsom, who wrote:
While I understand the author’s intent, there are existing legal pathways for foster children and legal adults to petition for reinstatement of their parents' rights, and additional work is needed to determine if those pathways are insufficient. Additionally, implementation of this bill would likely result in ongoing costs of tens of millions of dollars not accounted for in the budget…Bills with significant fiscal impact, such as this measure, should be considered and accounted for as part of the annual budget process.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: April 18, 2023
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Corey A. Jackson, Chair
ABPCA Bill Id:AB 20 (
Author:Gipson) – As Amended Ver:March 15, 2023
SUBJECT: Postadoption contact agreements: reinstatement of parental rights
SUMMARY: Expands the instances that allow for youth, upon change of circumstance or new evidence, to petition the court to seek the reinstatement of parental rights when youth have been adopted, but that adoption has failed. Revises various provisions related to postadoptive sibling contacts, and makes other conforming changes. Specifically, this bill:
- Adds nonminor dependents (NMDs) to the existing circumstances allowing a child to petition the juvenile court to reinstate or modify parental rights and requires the juvenile court to grant the petition if it finds by clear and convincing evidence that reinstatement of parental rights is in the child’s or NMD’s best interest.
- Adds the following descriptions that would allow a child or NMD to petition the juvenile court to reinstate or modify parental rights:
- A child for whom the parental rights of their biological parent(s) were terminated, who was subsequently adopted, and for whom the parental rights of their adoptive parent(s) have been terminated;
- An NMD for whom the court assumed dependency jurisdiction based on a petition filed as a nonminor who received adoption assistance payments after turning 18 years old, and their adoptive parent(s) either no longer provide support, or died, after the nonminor turned 18 years old, but before they turned 21 years old;
- An Indian child, as defined, for whom the parental rights of their biological parent(s) were modified by a tribal customary adoption, who was subsequently adopted, and for whom the parental rights of their adoptive parent(s) have been modified or terminated, or who are in agreement with the modification of parental rights;
- An NMD for whom the parental rights of their biological parent(s) were modified by a tribal customary adoption and who was subsequently adopted.
- Requires, for a child or NMD described in c) and d) above, the juvenile court to resume dependency jurisdiction to provide the child’s or NMD’s tribe an opportunity to modify the tribal customary adoption order and for the juvenile court to grant the modified tribal customary adoption order full faith and credit when the tribe files as provided in existing law.
- Adds NMD siblings of the child who is the subject of the hearing to terminate parental rights, and their Court-Appointed Special Advocate, if one is appointed, to the list of people the social worker or probation officer are required to notify regarding the hearing.
- Expands the postadoption contact agreement with siblings of a child by not limiting the contact only to sharing information about the child, even if the siblings do not have a pre-existing relationship.
- Permits an NMD whose biological parent(s)’ rights have been reinstated pursuant to these provisions, to waive the termination of the parental duties and responsibilities of existing adoptive parent(s) by signing a waiver at any time prior to the reinstatement of parental rights. Allows the waiver to be included in the petition for reinstatement of parental rights or in a separate writing filed with the court.
- Requires, at the six-month court review regarding a child for whom the court has ordered parental rights terminated, or, for an Indian child for whom parental rights are not being terminated and a tribal customary adoption is being considered, the county welfare department to include a description in the court report, if applicable, the status of the postadoptive sibling contact agreement.
- Requires the county placing agency to convene a meeting with the child, the sibling or siblings of the child, the prospective adoptive parent(s), and a facilitator to discuss a postadoption sibling contact agreement within 90 days after termination of parental rights and prior to finalization of the adoption, unless either of the following occur:
- The court, at the hearing to terminate parental rights, after considering the recommendation, if any, of the county placing agency, determines by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of the child; or,
- A child being placed for adoption informs the court that they do not wish to enter into a postadoption sibling contact agreement.
- Requires the facilitator to ensure that all parties are aware of the benefits of postadoption contact between siblings, the spectrum of postadoption contact options, and the requirements under existing law related to the disclosure of information of siblings to one another.
- Stipulates that compliance with, and enforceability of, an executed postadoption sibling contact agreement shall be subject to existing law and, requires, if a postadoption contact agreement is executed, the agreement to be provided to all parties and to the court prior to the finalization of the adoption.
EXISTING LAW:
- Makes legislative findings and declarations regarding the benefit of continuing contact between some adoptive children and their birth relatives and the importance of postadoption contact agreements, which can be beneficial to adoptive children under certain circumstances. (Family Code Section [FAM] 8616.5(a))
- States that nothing in California adoption laws shall be construed to prevent adopting parents from entering into a voluntary agreement with the child’s birth relatives to permit continuing contact between the child and the birth relatives if the agreement is found by the court to have been executed voluntarily and to be in the best interests of the child at the time the adoption petition is granted. (FAM 8616.5(b))
- Limits the terms of a postadoption contact agreement to just sharing information about the child for any relative, other than the birth parents, who does not have a preexisting relationship with the child. Provides ways to seek enforcement of a postadoption contact agreement, but requires the agreement to warn the parties that the adoption will not be set aside due to failure to comply with the terms of the postadoption contact agreement. (FAM 8616.5(b)(e))
- Allows a court, in an appropriate action, to find that more than two persons with a claim for parentage are parents if the court finds that recognizing only two parents would be detrimental to the child. In determining detriment, requires the court to consider all relevant factors, including the harm of removing the child from a stable placement with a parent who has fulfilled the child's physical and psychological needs for a substantial period of time. Provides that a finding of detriment to the child does not require a finding of unfitness of any person. (FAM 7612)
- Creates an exception to the rule that adoption relieves the existing parents of all parental duties and responsibilities for an adopted child if the existing parents and the prospective adoptive parent sign a waiver at any time prior to finalization of the adoption. (FAM 8617)
- Governs the disclosure of information to siblings who have been adopted to one another if both of the siblings are at least 18 years old and have filed a request with either the California Department of Social Services (CDSS), a county adoption agency, or licensed adoption agency that joined in the adoption petition (FAM 9205)
- Creates an exception to the rule that adoption relieves the birth parents of all parental duties and responsibilities for the adoption of an adult child if the adult child chooses to sign a waiver of termination of parental duties and responsibilities prior to finalization of the adoption. (FAM 9306)
- Requires, pursuant to federal law, states to use “reasonable efforts” to place siblings in the child welfare system together, unless such placement is contrary to their safety or well-being. If siblings are not placed together, requires visitation between them to occur frequently, unless it is contrary to their safety or well-being. (42 United States Code Section [USC ] 671(a)(31))
- States that legislative intent to ensure that siblings who are removed from a home will be placed in foster care together, unless the placement is contrary to the safety or well-being of any sibling; and, when a child has been removed from the child’s home and the child has siblings who remain in the custody of a 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. (Welfare & Institutions Code Section [WIC] 16002(a))
- Requires the county adoption agency or CDSS, if parental rights are terminated and the court orders a dependent child or ward to be placed for adoption, to take steps to facilitate ongoing sibling contact, except in those cases where the court determines by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of the child. Steps include:
- Providing training to prospective adoptive parents about the importance of sibling relationships to the adopted child and counseling on methods for maintaining sibling relationships and information about siblings of the child; and,
- To the extent practicable, requires the county placing agency to convene a meeting with the child, the siblings of the child, the prospective adoptive parents, and a facilitator for the purpose of deciding whether to voluntarily execute a postadoption sibling contact agreement after termination of parental rights and prior to finalization of the adoption. Provides that the county placing agency is not required to convene the meeting if the county placing agency determines that such a meeting or postadoption sibling contact agreement would be contrary to the safety and well-being of the child or the child requests that the meeting not occur. Allows 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. (WIC 16200(e))
- Sets forth procedures for enforcing postadoption contact agreements between siblings for children adopted through the child welfare system. Provides that the court granting the petition of adoption maintains jurisdiction over the child for enforcement of the postadoption contact agreement. (WIC 366.29)
- Requires a social worker, where possible and appropriate, to place a child who has been removed from their parents or guardian because of abuse or neglect, together with their siblings or half-siblings also being removed, or to describe continuing efforts to place them together if they are not initially placed together, or to explain why placing them together is inappropriate. (WIC 306.5)
- Requires any order placing a child in foster care to provide for visitation between a child and any siblings, unless the court finds by clear and convincing evidence that sibling interaction is contrary to the safety and well-being of either child. Allows any person, including a child or NMD, to petition the juvenile court to assert a sibling relationship of a child or NMD (WIC 362.1)
- Provides that any order of the juvenile court terminating parental rights, as provided, is conclusive and binding to those with notice, but this does not limit the right to appeal the order. (WIC 366.26 (i)(1))
- Allows a child, who has not been adopted after the passage of at least three years from the date the court terminated their parents’ rights, and for whom the court has determined that adoption is no longer the permanent plan, to petition the juvenile court to reinstate parental rights, as provided. Allows the child to file the petition prior to the expiration of the three-year period, provided CDSS, or the county child welfare adoption agency, and the child stipulate that the child is no longer likely to be adopted. If it appears that the best interests of the child may be promoted by reinstatement of parental rights, requires the court to order that a hearing be held. Requires the court to grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the child’s best interest. If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, requires the court to specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights. Provides that this is intended to be retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated. (WIC 366.26 (i)(3))
- Allows parents, interested persons, and children or NMDs to petition the juvenile court to modify an order issued in a dependency case based on a change of circumstances. (WIC 388.)
- Allows a nonminor who has not turned 21 years old to petition the court in which they were previously found to be a dependent or delinquent child of the juvenile court, for a hearing to determine whether to assume dependency jurisdiction over the nonminor, if they meet specified descriptions, including: they are a nonminor who received adoption assistance payments after turning 18 years old and their adoptive parent died after the nonminor turned 18 years old, but before they turned 21 years old; or, they are a nonminor who received adoption assistance payments after turning 18 years old, and their adoptive parent no longer provides ongoing support to, and no longer receive benefits on behalf of, the nonminor after the nonminor turned 18 years old, but before they turned 21 years old. (WIC 388.1(a))
- Provides for the use of tribal customary adoption in the child welfare system to allow Indian children to be adopted without first terminating the birth parents' rights. (WIC 366.24)
FISCAL EFFECT: Unknown. This bill has not been analyzed by a fiscal committee.
COMMENTS:
Background: Child welfare services. California’s child welfare services system exists to protect children from abuse and neglect, and in doing so, to provide for their health, safety, and overall well-being. When suspicions of abuse or neglect arise, often as a result of a report by a mandated reporter like a healthcare provider or teacher, Child Protective Services is tasked with investigating the report. If the allegation of abuse or neglect is substantiated, it is then determined whether it is in the best interest of the child to remain in their parent’s custody or be placed within the child welfare services system. If a child is suspected to be at risk of neglect, abuse, or abandonment, the juvenile court holds legal jurisdiction, and the child welfare services system appoints a social worker to ensure that the needs of a youth are met.
California's child welfare services programs are administered by the 58 individual counties with each county organizing and operating its own program of child protection based on local needs while adhering to state and federal regulations. When a child welfare case is open, counties are the primary governmental entity interacting with children and families when addressing issues of child abuse and neglect and are responsible, either directly or through providers, for obtaining or providing the interventions and relevant services to protect children and assist families with issues related to child abuse and neglect.
CDSS secures federal funding to support child welfare services programs, provides statewide best practices training for social workers, and conducts program regulatory oversight and administration, and is responsible for the development of policy while also providing direct services such as adoption placements.
As of January 1, 2023, there are 52,265 youth between birth and up to 21 years old in foster care.
Dependency court. Children who have been removed from the custody of their parents are temporarily placed within the jurisdiction of the juvenile dependency court and therefore the child welfare system, pending a decision regarding their health and safety. Within 48 hours of removing a child from their parent’s custody, a social worker is required to file a petition with the court requesting a detention hearing be conducted in order to determine whether further detention of the child is warranted. If the social worker petitions to declare the child a dependent of the court, current law requires that the detention hearing be held within 48 hours of the petition being filed.
One of the goals of the juvenile court is to maintain familial ties whenever possible, as demonstrated by the provision of family maintenance and reunification services, conducting searches for able and willing relatives to serve as placement options for youth placed in the custody of the juvenile court, and prioritizing placement with relatives and nonrelative extended family members as caregivers.
Current law states that any order of the court permanently terminating parental rights is conclusive and binding upon the child and the parents, and that after making the order, the juvenile court does not have power to set aside, change, or modify it, except in a tribal customary adoption order.
However, current law does allow a child who has not been adopted after three years (or sooner if CDSS or the adoption agency agree) from the date parental rights were terminated, and for whom the court has determined that adoption is no longer the permanent plan, to petition the juvenile court to reinstate parental rights pursuant to the procedure prescribed by WIC 388. This procedure allows parents, interested persons, and children or NMDs to petition the juvenile court to modify an order issued in a dependency case based on a change of circumstances. Current law also allows youth between the ages of 18 and 20 to petition the court in which they were previously found to be a dependent or delinquent child, for a hearing to determine whether to assume dependency jurisdiction over the nonminor, if they meet specified descriptions.
This bill would create additional circumstances pursuant to the procedure described by WIC 388 for the biological parental rights to be reinstated for certain youth and NMDs. These additional circumstances would only apply to a narrow set of youth whose adoptions have failed, and upon the change of circumstance or new evidence, would be allowed to petition the court for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. Additionally, the juvenile court would only grant the petition if it finds by clear and convincing evidence that reinstatement of parental rights is in the youth’s best interest.
Foster youth and sibling relationships. The importance of maintaining relationships between siblings who have been separated from each other due to involvement with the child welfare system is well-recognized. According to the Child Welfare Information Gateway, “Sibling relationships are emotionally powerful and critically important not only in childhood but over the course of a lifetime. As children, siblings form a child’s first peer group, and they typically spend more time with each other than with anyone else. Children learn social skills, particularly in sharing and managing conflict, from negotiating with brothers and sisters. Sibling relationships can provide a significant source of continuity throughout a child’s lifetime and are likely to be the longest relationships that most people experience.”
The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) was the first recognition in federal law of the importance of keeping siblings together, and it required states to make reasonable efforts to maintain sibling connections, stating that reasonable efforts shall be made:
- “To place siblings removed from their home in the same foster care, kinship, guardianship, or adoptive placement, unless the State documents that such a joint placement would be contrary to the safety or well-being of any of the siblings; and,
- In the case of siblings removed from their home who are not so jointly placed, to provide for frequent visitation or other ongoing interaction between the siblings, unless the state documents that frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.” (42 U.S.C. 671(a)(31))
Current law requires a social worker, to the extent that it is practical and appropriate, to place a minor together with any siblings or half-siblings who are also detained or include in the case report a statement of their continuing efforts to place the siblings together or why those efforts are not appropriate.
Postadoption contact agreements. State law recognizes the benefits often derived from adoptive children having either direct or indirect contact with birth relatives after being adopted, and provides for the development of postadoption contact agreements. These agreements are intended to establish ongoing contact between a child who has been adopted and their birth relatives; they are voluntarily entered into by birth relatives and adoptive parents. The purview of these agreements is limited to, but does not need to include, provisions for visitation, future contact, and sharing of information about the child in the future.
Currently, the terms of any postadoption contact agreement with birth relatives, other than the child’s birth parent, including siblings, is limited to the sharing of information about the child, unless a pre-existing relationship exists. During the court reviews that occur at least every six months regarding a child whose parental rights have been terminated and who has been ordered placed for adoption, counties are required to include in their court report whether the final adoption order should include provisions for postadoptive sibling contact.
This bill would expand the postadoption contact agreement with siblings of a child by not limiting the contact only to sharing information about the child, even if the siblings do not have a pre-existing relationship, and would require counties to include a description in the court report, if applicable, of the status of the postadoptive sibling contact agreement.
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, for the siblings to be placed together, unless it has been determined that placement together is contrary to their safety or well-being. 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 the home and has siblings who remain with a parent, 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.
Existing law requires counties, to the extent practicable, to convene a meeting with the child, the siblings of the child, the prospective adoptive parents, and a facilitator for the purposes of deciding whether to voluntarily execute a postadoption sibling contact agreement on a date after termination of parental rights and prior to finalization of the adoption.
This bill would instead require counties to convene these same meetings in all instances to discuss a postadoption sibling contact agreement within 90 days after termination of parental rights and prior to finalization of the adoption, unless the court, at the hearing to terminate parental rights determines by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of the child or the child being placed for adoption informs the court that they do not wish to enter into a postadoption sibling contact agreement. The bill also requires the facilitator to ensure that all parties are aware of the benefits of postadoption contact between siblings, the spectrum of postadoption contact options, and the requirements under existing law related to the disclosure of information of siblings to one another. The bill further requires, if a postadoption contact agreement is executed, the agreement to be provided to all parties and to the court prior to the finalization of the adoption.
Author’s Statement: According to the Author, “Ensuring that those in the foster care system have access to the essential bond of a blood relative is a basic right any child deserves. Often, when parental rights are terminated in child welfare cases, the adopted child loses all familial ties, including with siblings. [This bill] looks to address the gaps and inconsistencies in implementation of current law surrounding siblings who are separated by adoption. This bill would allow children and young adults adopted through the child welfare system to maintain critical connections to their biological family and community. Additionally, in some circumstances, a child/nonminor dependent may re-establish a relationship with their biological parents when an adoption fails. It makes sense for these children, who want to live with their birth parents, to have an option to reinstate the biological parents’ rights; however, there is no mechanism for this process to occur. Unless it has been determined that placement together is contrary to the safety or well-being of any sibling. [This bill] provides a path forward for these families. We have plenty more work to do. But, this is a step toward a better foster care system.”
Need for this bill: The provisions of this bill seek to ensure that foster youth who have been adopted have access to their biological siblings by allowing a postadoption contact agreement to include contact with siblings, even if the siblings do not have a preexisting relationship. This bill also allows for the reinstatement of parental rights for those who wish to re-establish a relationship with their biological parents when it appears to be in the best interest of the child or NMD, by establishing additional circumstances that could be addressed within the juvenile court.
Equity Impact: Foster youth disproportionally are low-income when compared to their non-foster youth peers. The vast majority of children who are placed in California’s foster care system have been removed from low-income households, roughly half of them living below the federal poverty level. The average annual income of foster youth age 18 to 21 was $9,740, placing them well below the federal poverty line. This bill could potentially allow a youth to benefit from access to their parent’s income by having their parental rights reinstated.
Studies conducted by Chapin Hall, an independent policy research center at the University of Chicago, report children placed with family have better behavioral and mental health outcomes than their peers in traditional foster care. Children in kinship care, which is broadly defined as relatives or close family friends, have fewer placements and school changes and are less likely to run away from home than children in traditional foster care. They are more likely to report that they “always felt loved” and have higher satisfaction with kin placement. By expanding the circumstances that would allow a youth to have their parent’s rights reinstated, they could benefit from the positive outcomes that have traditionally come from family placements.
According to the Legislative Analyst Office (LAO) in a March, 2022 publication, the proportions of Black and Native American youth in foster care are around four times larger than the proportions of Black and Native American youth in California overall. In addition, recent research on cumulative child welfare involvement of California’s 1999 birth cohort found nearly one in two Black and Native American children experienced some level of child welfare involvement by the time they turned 18 (compared to around 29% of Latino children, 22% of White children, and 13% of Asian/Pacific Islander children). This bill would allow foster youth to return to their biological family, thereby reducing some of the racial disproportionality that exists in the child welfare system.
This bill would allow youth, upon the change of circumstance or new evidence, to petition the court to seek the reinstatement of parental rights when youth have been adopted, but that adoption has failed. By providing additional pathways for youth to reinstate parental rights, if the court finds that it is in the best interest of the youth, families can be reunited, and some of the disproportionality that exists throughout the child welfare system can begin to be addressed by removing barriers to family reunification.
Double referral: This bill passed out of the Assembly Judiciary Committee on March 14, 2023, with an 11-0 vote.
RELATED AND PRIOR LEGISLATION:
AB 1794 (Gipson), of 2022, was similar to this bill, but was vetoed by Governor Newsom for ongoing costs in addition to questioning whether the existing pathways foster children and legal adults have to petition for reinstatement of their parents' rights are insufficient.
SB 1060 (Leno), Chapter 719, Statutes of 2016, required the county placing agency, to the extent practicable, to convene a meeting with the child, siblings of the child, prospective adoptive parents, and a facilitator for the purpose of deciding whether to execute a postadoption sibling contact agreement for a child being adopted out of the child welfare system.
AB 743 (Portantino), Chapter 560, Statutes of 2010, made changes to the standards for sibling visitation, interaction, and placement for children who are placed out-of-home, in foster care, or adoption, to conform with language in the federal Fostering Connections Act, and required placing agencies to notify a dependent child’s attorney of placements and changes in placement, as specified.
AB 705 (Steinberg), Chapter 747, Statutes of 2001, ensured that sibling relationships are considered at all appropriate hearings and siblings are placed together when appropriate.
AB 1987 (Steinberg), Chapter 909, Statutes of 2000, recognized the importance of sibling relationships and required the court to consider the existence, nature and impact of a dependent child's sibling relationships on the child's placement and planning for legal permanence.
AB 740 (Steinberg), Chapter 805, Statutes of 1999, expedited the procedure for permanent placement of a sibling group.
REGISTERED SUPPORT / OPPOSITION:
Support
Children's Law Center of California (Sponsor)
California Tribal Families Coalition
National Association of Social Workers, California Chapter
Opposition
None on file
Analysis Prepared by: Jessica Langtry / HUM. S. / (916) 319-2089
Date of Hearing: March 14, 2023
ASSEMBLY COMMITTEE ON JUDICIARY
Brian Maienschein, Chair
ABPCA Bill Id:AB 20
Author:(Gipson) – As Introduced Ver:December 5, 2022
PROPOSED CONSENT (As Proposed to be Amended)
SUBJECT: Postadoption contact agreements: reinstatement of parental rights
KEY ISSUES:
- GIVEN THE IMPORTANCE OF SIBLING RELATIONSHIPS FOR CHILDREN IN THE CHILD WELFARE SYSTEM, SHOULD ADDITIONAL EFFORTS BE MADE TO FACILITATE POSTADOPTION SIBLING CONTACT FOR CHILDREN WHO ARE ADOPTED OUT OF FOSTER CARE?
- IN ORDER TO BETTER SUPPORT CHILDREN WHO HAVE BEEN IN THE CHILD WELFARE SYSTEM, SHOULD THE ABILITY TO REINSTATE PREVIOUSLY TERMINATED PARENTAL RIGHTS BE EXPANDED IN CERTAIN SITUATIONS WHERE REINSTATEMENT IS IN THE CHILD’S BEST INTEREST?
SYNOPSIS
California's child welfare system is designed to provide for the protection and the health and safety of children who are subject to, or at risk of, abuse or neglect. The desired outcome is to reunite children with their parents, when appropriate, and to help preserve and strengthen families. Unfortunately, too often, children who are or have been involved in the child welfare system, can lose all contact with their birth parents and their siblings. Over the years, state and federal statutes have expanded policies to keep children with their families when at all possible and keep siblings together both in and outside of the foster care system.
This bill, sponsored by the Children’s Law Center of California, builds on those family connecting strategies in two key ways. First, it makes it easier for siblings to stay in contact with each other, even if one sibling is adopted out by expanding post-adoption access through postadoption contact agreements. Second, it expands on an existing process to petition the juvenile court for reinstatement of parental rights, mainly when the child would otherwise be left without that support and potentially without any parents. The author proposes to amend the bill to require that the child or youth’s Court-Appointed Special Advocate, if one has been appointed would receive notice of the selection and implementation hearing for the child. This would appear to resolve the issue raised by the California Court Appointed Special Advocate Association (support if amended). The bill is supported in its current form by child advocacy organizations and has no opposition on file. Should the bill pass this Committee, it would be referred to the Assembly Human Services Committee.
SUMMARY: For children who have been in the child welfare system, enhances postadoption contact agreements between them and their siblings, and expands instances when their birth parent’s rights may be reinstated, provided it is in the children’s best interest. Specifically, this bill:
- Allows a postadoption contact agreement with birth relatives to include, for siblings, actual contact with the child, even if the siblings do not have a preexisting relationship with the child.
- Adds siblings of nonminor dependents to the list of those required to get notice of hearings to terminate parental rights in dependency court.
- Except as provided in 4), below, if parental rights are terminated and the court orders that a dependent child or ward be placed for adoption, requires the county placing agency, except when the court determines that sibling interaction is contrary to the safety or well-being of the child, to convene a meeting with the child, the siblings of the child, the prospective adoptive parents, and a facilitator to execute a postadoption sibling contact agreement after termination of parental rights and prior to finalization of the adoption.
- If the child being placed for adoption does not wish to enter into a postadoption sibling contact agreement, prohibits the county placing agency from convening the meeting in 3), above.
- In addition to situations permitted in existing law, allows a child or nonminor dependent to petition the juvenile dependency court for reinstatement or modification of parental rights in any of the following situations:
- A child for whom the parental rights of their biological parents were terminated, who was subsequently adopted, and for whom the parental rights of their adoptive parents have been terminated.
- A nonminor dependent for whom the court assumed dependency jurisdiction because the adoptive parents died or is no longer providing support for the nonminor, as provided.
- An Indian child for whom the parental rights of their biological parents were modified by a tribal customary adoption, who was subsequently adopted, and for whom the parental rights of their adoptive parents have been modified or terminated, or who are in agreement with the modification of parental rights.
- A nonminor dependent for whom the parental rights of their biological parents were modified by a tribal customary adoption and who was subsequently adopted.
- Requires a nonminor dependent or a child over 12 years of age to sign the petition in 5), above, absent a showing of good cause why the nonminor dependent or child cannot do so.
- Requires the court to order a hearing on a petition in 5), above, if it appears that the best interest of the child or nonminor dependent may be promoted by reinstatement of parental rights. Sets forth notice requirements.
- Requires, consistent with existing law, the court to grant the petition in 5a) and 5b), above, if it finds, by clear and convincing evidence, that the child is no longer likely to be adopted and that reinstatement of parental rights is in the child's best interest. Requires the court, if it reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, to specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights, consistent with existing law. Provides that this provision is intended to be retroactive to any child under the jurisdiction of the juvenile court, consistent with existing law.
- Requires the court, for a child or nonminor dependent described in 5c) and d) above, to resume dependency jurisdiction to provide the child's or nonminor dependent's tribe an opportunity to modify the tribal customary adoption order. Requires the court to grant the modified tribal customary adoption order full faith and credit when the tribe files the tribal customary adoption order, as provided.
- Requires notice of a selection and implementation hearing to be provided to a child or youth’s Court-Appointed Special Advocate, if one has been appointed.
EXISTING LAW:
- Makes legislative findings and declarations regarding the benefit of continuing contact between some adoptive children and their birth relatives and the importance of postadoption contact agreements, which can be beneficial to adoptive children under certain circumstances. States that nothing in California adoption laws shall be construed to prevent adopting parents from entering into a voluntary agreement with the child’s birth relatives to permit continuing contact between the child and the birth relatives if the agreement is found by the court to have been executed voluntarily and to be in the best interests of the child at the time the adoption petition is granted. Limits the terms of a postadoption contact agreement to just sharing information about the child for any relative, other than the birth parents, who does not have a preexisting relationship with the child. Provides ways to seek enforcement of a post-adoption contact agreement, but requires the agreement to warn the parties that the adoption will not be set aside due to failure to comply with the terms of the postadoption contact agreement. (Family Code Section 8616.5.)
- Allows a court, in an appropriate action, to find that more than two persons with a claim for parentage are parents if the court finds that recognizing only two parents would be detrimental to the child. In determining detriment, requires the court to consider all relevant factors, including the harm of removing the child from a stable placement with a parent who has fulfilled the child's physical and psychological needs for a substantial period of time. Provides that a finding of detriment to the child does not require a finding of unfitness of any person. (Family Code Section 7612.)
- Creates an exception to the rule that adoption relieves the existing parents of all parental duties and responsibilities for an adopted child if the existing parents and the prospective adoptive parent sign a waiver at any time prior to finalization of the adoption. (Family Code Section 8617.)
- Creates an exception to the rule that adoption relieves the birth parents of all parental duties and responsibilities for the adoption of an adult child if the adult child chooses to sign a waiver of termination of parental duties and responsibilities prior to finalization of the adoption. (Family Code Section 9306.)
- Requires, pursuant to federal law, states to use “reasonable efforts” to place siblings in the child welfare system together, unless such placement is contrary to their safety or well-being. If siblings are not placed together, visitation between them must occur frequently, unless it is contrary to their safety or well-being. (42 U.S.C. Sec. 671 (a)(31).)
- States that it is the intent of the Legislature to (a) ensure that siblings who are removed from a home will be placed in foster care together, unless the placement is contrary to the safety or well-being of any sibling; and (b) when a child has been removed from the child’s home and the child has siblings who remain in the custody of a 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. (Welfare & Institutions Code (WIC) Section 16002 (a).)
- Requires the county adoption agency or the Department of Social Services (DSS), if parental rights are terminated and the court orders a dependent child or ward to be placed for adoption, to take steps to facilitate ongoing sibling contact, except in those cases where the court determines by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of the child. Steps include:
- Providing training to prospective adoptive parents about the importance of sibling relationships to the adopted child and counseling on methods for maintaining sibling relationships and information about siblings of the child.
- To the extent practicable, requires the county placing agency to convene a meeting with the child, the siblings of the child, the prospective adoptive parents, and a facilitator for the purpose of deciding whether to voluntarily execute a postadoption sibling contact agreement after termination of parental rights and prior to finalization of the adoption. Provides that the county placing agency is not required to convene the meeting if the county placing agency determines that such a meeting or postadoption sibling contact agreement would be contrary to the safety and well-being of the child or the child requests that the meeting not occur. Allows 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. (WIC Section 16002 (e).)
- Sets forth procedures for enforcing postadoption contact agreements between siblings for children adopted through the child welfare system. Provides that the court granting the petition of adoption maintains jurisdiction over the child for enforcement of the postadoption contact agreement. (WIC Section 366.29.)
- Requires a social worker, where possible and appropriate, to place a child, who has been removed from their parents or guardian because of abuse or neglect, together with their siblings or half-siblings also being removed, or to describe continuing efforts to place them together if they are not initially placed together, or to explain why placing them together is inappropriate. (WIC Section 306.5.)
- Requires any order placing a child in foster care to provide for visitation between a child and any siblings, unless the court finds by clear and convincing evidence that sibling interaction is contrary to the safety and well-being of either child. (WIC Section 362.1.)
- Provides that any order of the juvenile court terminating parental rights, as provided, is conclusive and binding to those with notice, but this does not limit the right to appeal the order. (WIC Section 366.26 (i)(1).)
- Notwithstanding 11), allows a child, who has not been adopted after the passage of at least three years from the date the court terminated their parents’ rights, and for whom the court has determined that adoption is no longer the permanent plan, to petition the juvenile court to reinstate parental rights, as provided. Allows the child to file the petition prior to the expiration of the three-year period, provided DSS, or the county child welfare adoption agency, and the child stipulate that the child is no longer likely to be adopted. If it appears that the best interests of the child may be promoted by reinstatement of parental rights, requires the court to order that a hearing be held. Requires the court to grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the child’s best interest. If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, requires the court to specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights. Provides that this is intended to be retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated. (WIC Section 366.26 (i)(3).)
- Allows parents, interested persons, and children or nonminor dependents to petition the juvenile court to modify an order issued in a dependency case based on a change of circumstances. (WIC Section 388.)
- Provides for the use of tribal customary adoption in the child welfare system to allow Indian children to be adopted without first terminating the birth parents' rights. (WIC Section 366.24.)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: California's child welfare system is designed to provide for the protection and the health and safety of children who are subject to, or at risk of, abuse or neglect. The desired outcome is to reunite children with their parents, when appropriate, and to help preserve and strengthen families. Unfortunately, too often, children who are or have been involved in the child welfare system, can lose all contact with their birth parents and their siblings. Over the years, state and federal statutes have expanded policies to keep children with their families when at all possible and keep siblings together both in and outside of the foster care system.
This bill builds on those family connecting strategies in two key ways. First, it makes it easier for siblings to stay in contact with each other, even if one sibling is adopted, by expanding postadoption access through postadoption contact agreements. Second, it expands on an existing process to petition the juvenile court for reinstatement of parental rights, mainly when the child would otherwise be left without that support and potentially without any parents.
In support of the bill, the author writes:
Often, when parental rights are terminated in child welfare cases, the adopted child loses all familial ties, including with siblings. AB 20 looks to address the gaps and inconsistencies in implementation of current law surrounding siblings who are separated by adoption . . . [allowing] children and young adults adopted through the child welfare system to maintain critical connections to their biological family and community. Additionally, in some circumstances, a child/nonminor dependent may re-establish a relationship with their biological parents when an adoption fails. . . . AB 20 provides a path forward for these families. We have plenty more work to do. But, this is a step toward a better foster care system.
California has long recognized the importance of maintaining sibling relationships. California law has repeatedly recognized the importance of maintaining and developing sibling relationships for children in foster care. Key legislation in this area includes AB 743 (Portantino), Chapter 560, Statutes of 2010, which required greater notice if siblings are to be separated; AB 705 (Steinberg), Chapter 747, Statutes of 2001, which ensured that sibling relationships are considered at all appropriate hearings and siblings are placed together when appropriate; AB 1987 (Steinberg), Chapter 909, Statutes of 2000, which recognized the importance of sibling relationships and required the court to consider the existence, nature and impact of a dependent child's sibling relationships on the child's placement and planning for legal permanence; and AB 740 (Steinberg), Chapter 805, Statutes of 1999, which expedited the procedure for permanent placement of a sibling group. Of particular relevance to this bill is SB 1060 (Leno), Chapter 719, Statutes of 2016, which required the county placing agency, to the extent practicable, to convene a meeting with the child, siblings of the child, prospective adoptive parents, and a facilitator for the purpose of deciding whether to execute a postadoption sibling contact agreement for a child being adopted out of the child welfare system.
The bond between siblings, especially those in foster care, cannot be underestimated.
Postadoption contact agreements. A postadoption contact agreement is a voluntary agreement between the birth relatives and the adoptive parents explaining the future contact that may occur between birth relatives, including Native American tribes, and the child. Existing legislative intent states that families may benefit from these agreements and that they are intended to "ensure children of an achievable level of continuing contact when contact is beneficial to the children and the agreements are voluntarily executed by birth relatives." (Family Code Section 8616.5(a).) Existing law provided ways to enforce these agreements, but that may never include setting aside the adoption itself.
This bill expands postadoption contact between siblings. This bill seeks to improve contact between siblings after one has been adopted in several important ways. First, it allows a postadoption contact agreement to include actual contact with siblings, even if the siblings do not have a preexisting relationship with the adopted child. Second, it adds siblings of nonminor dependents to the list of those required to get notice of hearings to terminate parental rights in dependency court.
Finally, the bill requires, as opposed to allows, the county child welfare agency placing a dependent child up for adoption to convene a meeting with the child, the child's siblings, the prospective adoptive parents, and a facilitator to execute a postadoption sibling contact agreement after termination of parental rights and prior to finalization of the adoption. Under the bill, this meeting must occur unless either 1) the court determines that sibling interaction is contrary to the safety or well-being of the child; or 2) the child being placed for adoption does not wish to enter into a postadoption sibling contact agreement.
These changes, taken together, will help ensure that siblings remain as part of each other's lives as much as possible, even if one of the siblings has been adopted by another family. As discussed above, sibling bonds are vitally important to children, especially children who have been involved with the child welfare system, and this bill provides multiple ways to maintain or create these vital bonds, assuming there is no danger to the child.
This bill also allows for the reinstatement of parental rights in appropriate cases. While keeping children with their parents is a key goal of the child welfare system, sometimes parental rights have to be terminated and children must be placed in other permanency options, including adoption, guardianship, or long-term foster care. (See Welfare & Institutions Code Section 366.26.) Existing law, however, recognizes that there may be a need, for the best interest of the child, for those terminated parental rights to be reinstated in limited cases. Reinstating parental rights in appropriate cases helps to ensure that children are not left as legal orphans, with their birth parents' rights terminated and with no adoptive family. Instead, provided the court determines it is in the best interest of the child, the child is given their parents – their family – back.
This bill expands on that provision and creates additional times when parental rights may be reinstated. These situations either allow the child to have a parent – as opposed to none – or allow the child, in limited situations already recognized today under existing law, to have a legal parent-child relationship with both their adoptive parents and their birth parents. Assuming these are safe relationships for the child – and the court is required to make that determination before reestablishing parental rights – this should avoid the situation where a child is a legal orphan and allow the child to have support and love from at least one family.
Prior Similar Legislation – Veto of AB 1794. This bill is virtually identical to a bill introduced by the author in the 2021-2022 legislative session (AB 1794). The main difference between the two bills is that AB 1794 would have eliminated the provision in existing law (WIC 366.26 (e)(3)(B)) that allows the department to inspect and copy the adoption case file in cases of a child who is subject to a tribal customary adoption agreement and has a developmental disability or mental illness, whereas this bill would retain that provision in existing law.
AB 1794 passed both houses of the Legislature, but was vetoed by the Governor. In his veto message, Governor Newsom wrote the following:
This bill would provide several paths whereby a foster child or adopted Nonminor dependent may petition for the reinstatement of their biological parent's rights. This bill would additionally require counties to pursue a postadoption sibling contact agreement and facilitate a child and family team meeting in all adoption cases to determine whether the child would benefit from sibling contact.
While I understand the author's intent, there are existing legal pathways for foster children and legal adults to petition for reinstatement of their parents' rights, and additional work is needed to determine if those pathways are insufficient. Additionally, implementation of this bill would likely result in ongoing costs of tens of millions of dollars not accounted for in the budget.
With our state facing lower-than-expected revenues over the first few months of this fiscal year, it is important to remain disciplined when it comes to spending, particularly spending that is ongoing. We must prioritize existing obligations and priorities, including education, health care, public safety and safety-net programs.
The Legislature sent measures with potential costs of well over $20 billion in one-time spending commitments and more than $10 billion in ongoing commitments not accounted for in the state budget. Bills with significant fiscal impact, such as this measure, should be considered and accounted for as part of the annual budget process.
In response to the veto message, the author writes:
Respectfully, Children’s Law Center of California (“CLC”), as the sponsor of AB 1794 (2022) and AB 20 (2023), disagrees [with the Governor’s statement that “there are existing legal pathways for foster children and legal adults to petition for reinstatement of their parents' rights.”] Current law . . . allows for the reinstatement of parental rights but only in the very limited circumstance of when a child who has not been adopted after at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan. AB 20 is seeking to expand current law to allow for the reinstatement of parental rights for youth who have been adopted but that adoption has failed/been disrupted prior to the youth turning 21. As counsel for over half of the children and youth in foster care in California, CLC has seen numerous clients be adopted but then through a variety of circumstances, often many years later, that adoptive relationship ends. In some of those situations, the youth has reestablished a connection with their biological parent and wants to have that relationship recognized as it is the only parental relationship remaining in their lives. CLC believes AB 20 provides a much-needed pathway for this small contingent of youth in foster care.
Additionally, Governor Newsom cited cost concerns in his veto of AB 1794. In order to address those concerns, Assemblymember Gipson has submitted a budget ask of $1 million to support the implementation of AB 20.
Author’s amendments. California CASA writes that it supports the bill if “amended to include the child or youth’s Court-Appointed Special Advocate, if one has been appointed, among the list of parties notified of a [selection and implementation] hearing.” The author proposes to amend the bill to do so. This amendment would allow the child to have a stronger voice to advocate for their interests at the hearing with a very minor impact on the workload of the court. It would also appear to fully resolve the issue raised by California CASA.
ARGUMENTS IN SUPPORT: Sponsor Children's Law Center of California and several other organizations in support of the bill write the following to explain why the bill would help youth who lose contact with their families while in foster placement:
AB 20 looks to address the gaps and inconsistencies in implementation of current law meant to protect familial relationships by: (a) requiring the child welfare agency to set up a meeting to address post-adoption contact between siblings when parental rights are terminated, and (b) broadening the circumstances in which a court may reinstate parental rights for a biological parent when it is in the best interests of a child or nonminor dependent.
The proposed changes in AB 20 would enable our clients and former clients to maintain critical connections to their biological family and community.
REGISTERED SUPPORT / OPPOSITION:
Support
Children's Law Center of California (sponsor)
All of Us or None of Us, Orange County
Dependency Advocacy Center
Dependency Legal Services (UNREG)
John Burton Advocates for Youth
Los Angeles Dependency Lawyers, Inc.
One individual
Support if Amended
California Court Appointed Special Advocate Association
Opposition
None on file
Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334
Bill Author
Bill Co-Author(s):
