AB 448: Juveniles: relative placement: family finding.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-09-18
Current Status:
Failed
(2024-01-30: Consideration of Governor's veto stricken from file.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill requires social workers and probation officers to immediately—and no later than 30 days after removal—investigate, locate, and notify adult relatives and kin when a child is taken into temporary custody, and to document the efforts and names of relatives; for Indian children it requires the legally defined "active efforts" and tribal contact, including searches for extended family. It also requires social studies, court reports, supplemental reports, and periodic juvenile court reviews to include the findings and results of those family‑finding efforts and for counties to publish family‑finding procedures.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
(1)Existing law requires a county social worker to investigate the circumstances of each child taken into temporary custody by a peace officer under specified circumstances. Existing law requires the social worker to conduct an investigation, within 30 days of the childs removal, to identify and locate adult relatives of the child, as specified, and to provide them with a notification that the child has been removed from the custody of the childs parents, guardians, or Indian custodian, and an explanation of the various options to participate in the care and placement of the child.
This bill would require the social worker to conduct the investigation to identify and locate adult relatives, immediately, and no later than 30 days, after the child has been taken into temporary custody.
(2)Existing law establishes procedures for an initial petition hearing by the juvenile court if a child is being taken into temporary custody. Existing law requires a social worker to report to the court the reasons the child was removed from the parents, guardians, or Indian custodians physical custody and the need, if any, for continued detention, available services, and if there are any relatives who are willing and able to take temporary physical custody of the child.
This bill would additionally require the social worker to report to the court what efforts, and in the case of an Indian child, the active efforts, as defined, and findings the social worker has made to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
(3)Existing law provides that a child may be adjudged to be a dependent of the juvenile court because of abuse or neglect, and that after this determination, the court is required to hear evidence on the question of the proper disposition to be made of the child. Existing law requires that before determining the appropriate disposition, the court receive in evidence, among other things, the social study of the child made by the social worker and evaluation made by a child advocate appointed by the court. Existing law further prescribes the information that is required to be included in that social study or evaluation, including the appropriateness of any relative placement. Existing law requires the court to review the status of every dependent child in foster care no less frequently than once every 6 months and requires a supplemental report to be filed as part of that review.
This bill would additionally require the social study, and any supplemental report, to include the efforts, and in the case of an Indian child, the active efforts, as defined, and findings that the social worker has made to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the name of those relatives or kin. The bill would also require the court, in conducting the periodic status review, to additionally determine whether the social worker has continued efforts, and in the case of an Indian child, the active efforts, as defined, to locate any relatives or kin who could provide family support or possible placement of the child and the names of those relatives or kin.
(4)Existing law requires a probation officer, upon delivery of a minor who has been taken into temporary custody, to immediately investigate the circumstances of the minor and the facts surrounding the minor being taken into custody and to immediately release the minor to the custody of their parent, legal guardian, or responsible relative, including a grandparent, adult sibling, or other relative, unless evidence before the court demonstrates that continuance in the home is contrary to the childs welfare, as specified.
This bill would additionally require that the probation officer, if it is known or there is reason to know the child is an Indian child, to search additionally for an extended family member, as defined, to whom the child may be released. The bill would define for the purpose of these provisions sibling as a person related to the child by blood, adoption, or affinity through common legal or biological parent. The bill would require the probation officer to document their efforts, and in the case of an Indian child, the active efforts, as defined, to locate any relatives or kin who could provide family support or possible placement for the child or nonminor dependent and the names of those relatives or kin.
(5)By imposing additional duties on county officials, the bill would impose a state-mandate local program.
(6)This bill would incorporate additional changes to Section 319 of the Welfare and Institutions Code proposed by AB 81 and SB 578 to be operative only if this bill and AB 81, this bill and SB 578, or all 3 bills are enacted and this bill is enacted last.
(7)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law requires a county social worker to investigate the circumstances of each child taken into temporary custody by a peace officer under specified circumstances. Existing law requires the social worker to conduct an investigation, within 30 days of the childs removal, to identify and locate adult relatives of the child, as specified, and to provide them with a notification that the child has been removed from the custody of the childs parents, guardians, or Indian custodian, and an explanation of the various options to participate in the care and placement of the child.
This bill would require the social worker to conduct the investigation to identify and locate adult relatives, immediately, and no later than 30 days, after the child has been taken into temporary custody.
(2)Existing law establishes procedures for an initial petition hearing by the juvenile court if a child is being taken into temporary custody. Existing law requires a social worker to report to the court the reasons the child was removed from the parents, guardians, or Indian custodians physical custody and the need, if any, for continued detention, available services, and if there are any relatives who are willing and able to take temporary physical custody of the child.
This bill would additionally require the social worker to report to the court what efforts, and in the case of an Indian child, the active efforts, as defined, and findings the social worker has made to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
(3)Existing law provides that a child may be adjudged to be a dependent of the juvenile court because of abuse or neglect, and that after this determination, the court is required to hear evidence on the question of the proper disposition to be made of the child. Existing law requires that before determining the appropriate disposition, the court receive in evidence, among other things, the social study of the child made by the social worker and evaluation made by a child advocate appointed by the court. Existing law further prescribes the information that is required to be included in that social study or evaluation, including the appropriateness of any relative placement. Existing law requires the court to review the status of every dependent child in foster care no less frequently than once every 6 months and requires a supplemental report to be filed as part of that review.
This bill would additionally require the social study, and any supplemental report, to include the efforts, and in the case of an Indian child, the active efforts, as defined, and findings that the social worker has made to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the name of those relatives or kin. The bill would also require the court, in conducting the periodic status review, to additionally determine whether the social worker has continued efforts, and in the case of an Indian child, the active efforts, as defined, to locate any relatives or kin who could provide family support or possible placement of the child and the names of those relatives or kin.
(4)Existing law requires a probation officer, upon delivery of a minor who has been taken into temporary custody, to immediately investigate the circumstances of the minor and the facts surrounding the minor being taken into custody and to immediately release the minor to the custody of their parent, legal guardian, or responsible relative, including a grandparent, adult sibling, or other relative, unless evidence before the court demonstrates that continuance in the home is contrary to the childs welfare, as specified.
This bill would additionally require that the probation officer, if it is known or there is reason to know the child is an Indian child, to search additionally for an extended family member, as defined, to whom the child may be released. The bill would define for the purpose of these provisions sibling as a person related to the child by blood, adoption, or affinity through common legal or biological parent. The bill would require the probation officer to document their efforts, and in the case of an Indian child, the active efforts, as defined, to locate any relatives or kin who could provide family support or possible placement for the child or nonminor dependent and the names of those relatives or kin.
(5)By imposing additional duties on county officials, the bill would impose a state-mandate local program.
(6)This bill would incorporate additional changes to Section 319 of the Welfare and Institutions Code proposed by AB 81 and SB 578 to be operative only if this bill and AB 81, this bill and SB 578, or all 3 bills are enacted and this bill is enacted last.
The(7)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law requires a county social worker to investigate the circumstances of each child taken into temporary custody by a peace officer under specified circumstances. Existing law requires the social worker to conduct an investigation, within 30 days of the childs removal, to identify and locate adult relatives of the child, as specified, and to provide them with a notification that the child has been removed from the custody of the childs parents, guardians, or Indian custodian, and an explanation of the various options to participate in the care and placement of the child.
This bill would require the social worker to conduct the investigation to identify and locate adult relatives, immediately, and no later than 30 days, after the child has been taken into temporary custody.
(2)Existing law establishes procedures for an initial petition hearing by the juvenile court if a child is being taken into temporary custody. Existing law requires a social worker to report to the court the reasons the child was removed from the parents, guardians, or Indian custodians physical custody and the need, if any, for continued detention, available services, and if there are any relatives who are willing and able to take temporary physical custody of the child.
This bill would additionally require the social worker to report to the court what efforts, and in the case of an Indian child, the active efforts, as defined, and findings the social worker has made to locate any relatives who are able and willing to take temporary physical custody of the child, or kin who could provide family support or possible placement of the child or nonminor dependent and the names of any relatives who are able and willing to take temporary physical custody of the child. those relatives or kin.
(3)Existing law provides that a child may be adjudged to be a dependent of the juvenile court because of abuse or neglect, and that after this determination, the court is required to hear evidence on the question of the proper disposition to be made of the child. Existing law requires that before determining the appropriate disposition, the court receive in evidence, among other things, the social study of the child made by the social worker and evaluation made by a child advocate appointed by the court. Existing law further prescribes the information that is required to be included in that social study or evaluation, including the appropriateness of any relative placement. Existing law requires the court to review the status of every dependent child in foster care no less frequently than once every 6 months and requires a supplemental report to be filed as part of that review.
This bill would additionally require the social study, and any supplemental report, to include the efforts, and in the case of an Indian child, the active efforts, as defined, and findings that the social worker has made to locate any relatives or kin who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child. could provide family support or possible placement of the child or nonminor dependent and the name of those relatives or kin. The bill would also require the court, in conducting the periodic status review, to additionally determine whether the social worker has continued efforts, and in the case of an Indian child, the active efforts, as defined, to locate any relatives who are able and willing to take physical custody of the child or kin who could provide family support or possible placement of the child and the names of any relatives who are able and willing to take temporary physical custody of the child. those relatives or kin.
(4)Existing law requires a probation officer, upon delivery of a minor who has been taken into temporary custody, to immediately investigate the circumstances of the minor and the facts surrounding the minor being taken into custody and to immediately release the minor to the custody of their parent, legal guardian, or responsible relative, including a grandparent, adult sibling, or other relative, unless evidence before the court demonstrates that continuance in the home is contrary to the childs welfare, as specified.
This bill would additionally require that the probation officer, if it is known or there is reason to know the child is an Indian child, to search additionally for an extended family member, as defined, to whom the child may be released. The bill would define for the purpose of these provisions sibling as a person related to the child by blood, adoption, or affinity through common legal or biological parent. The bill would require the probation officer to document their efforts, and in the case of an Indian child, the active efforts, as defined, to locate any relatives or kin who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child. could provide family support or possible placement for the child or nonminor dependent and the names of those relatives or kin.
(5)By imposing additional duties on county officials, the bill would impose a state-mandate 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law requires a county social worker to investigate the circumstances of each child taken into temporary custody by a peace officer under specified circumstances. Existing law requires the social worker to conduct an investigation, within 30 days of the childs removal, to identify and locate adult relatives of the child, as specified, and to provide them with a notification that the child has been removed from the custody of the childs parents, guardians, or Indian custodian, and an explanation of the various options to participate in the care and placement of the child.
This bill would require the social worker to conduct the investigation to identify and locate adult relatives, immediately, and no later than 30 days, after the child has been taken into temporary custody.
(2)Existing law establishes procedures for an initial petition hearing by the juvenile court if a child is being taken into temporary custody. Existing law requires a social worker to report to the court the reasons the child was removed from the parents, guardians, or Indian custodians physical custody and the need, if any, for continued detention, available services, and if there are any relatives who are willing and able to take temporary physical custody of the child.
This bill would additionally require the social worker to report to the court what efforts efforts, and in the case of an Indian child, the active efforts, as defined, and findings the social worker has made to locate any relatives who are able and willing to take temporary physical custody of the child, and the names of any relatives who are able and willing to take temporary physical custody of the child.
(3)Existing law provides that a child may be adjudged to be a dependent of the juvenile court because of abuse or neglect, and that after this determination, the court is required to hear evidence on the question of the proper disposition to be made of the child. Existing law requires that before determining the appropriate disposition, the court receive in evidence, among other things, the social study of the child made by the social worker and evaluation made by a child advocate appointed by the court. Existing law further prescribes the information that is required to be included in that social study or evaluation, including the appropriateness of any relative placement. Existing law requires the court to review the status of every dependent child in foster care no less frequently than once every 6 months and requires a supplemental report to be filed as part of that review.
This bill would additionally require the social study, and any supplemental report, to include the efforts efforts, and in the case of an Indian child, the active efforts, as defined, and findings that the social worker has made to locate any relatives who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child. The bill would also require the court, in conducting the periodic status review, to additionally determine whether the social worker has continued efforts efforts, and in the case of an Indian child, the active efforts, as defined, to locate any relatives who are able and willing to take physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child.
(4)Existing law requires a probation officer, upon delivery of a minor who has been taken into temporary custody, to immediately investigate the circumstances of the minor and the facts surrounding the minor being taken into custody and to immediately release the minor to the custody of their parent, legal guardian, or responsible relative, including a grandparent, adult sibling, or other relative, unless evidence before the court demonstrates that continuance in the home is contrary to the childs welfare, as specified.
This bill would additionally require that the probation officer, if it is known or there is reason to know the child is an Indian child, to search additionally for an extended family member, as defined, to whom the child may be released. The bill would define for the purpose of these provisions sibling as a person related to the child by blood, adoption, or affinity through common legal or biological parent. The bill would require the probation officer to document their efforts, and in the case of an Indian child, the active efforts, as defined, to locate any relatives who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child.
By(5)By imposing additional duties on county officials, the bill would impose a state-mandate 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law requires a county social worker to investigate the circumstances of each child taken into temporary custody by a peace officer under specified circumstances. Existing law requires the social worker to conduct an investigation, within 30 days of the childs removal, to identify and locate adult relatives of the child, as specified, and to provide them with a notification that the child has been removed from the custody of the childs parents, guardians, or Indian custodian, and an explanation of the various options to participate in the care and placement of the child.
This bill would require the social worker to conduct the investigation to identify and locate adult relatives, immediately, and no later than 30 days, after the child has been taken into temporary custody.
(2)Existing law establishes procedures for an initial petition hearing by the juvenile court if a child is being taken into temporary custody. Existing law requires a social worker to report to the court the reasons the child was removed from the parents, guardians, or Indian custodians physical custody and the need, if any, for continued detention, available services, and if there are any relatives who are willing and able to take temporary physical custody of the child.
This bill would additionally require the social worker to report to the court what efforts and findings the social worker has made to locate any relatives who are able and willing to take temporary physical custody of the child, and the names of any relatives who are able and willing to take temporary physical custody of the child.
(3)Existing law provides that a child may be adjudged to be a dependent of the juvenile court because of abuse or neglect, and that after this determination, the court is required to hear evidence on the question of the proper disposition to be made of the child. Existing law requires that before determining the appropriate disposition, the court receive in evidence, among other things, the social study of the child made by the social worker and evaluation made by a child advocate appointed by the court. Existing law further prescribes the information that is required to be included in that social study or evaluation, including the appropriateness of any relative placement. Existing law requires the court to review the status of every dependent child in foster care no less frequently than once every 6 months and requires a supplemental report to be filed as part of that review.
This bill would additionally require the social study, and any supplemental report, to include the efforts and findings that the social worker has made to locate any relatives who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child. The bill would also require the court, in conducting the periodic status review, to additionally determine whether the social worker has continued efforts to locate any relatives who are able and willing to take physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child.
By imposing additional duties on county officials, the bill would impose a state-mandate 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)Upon delivery to the social worker of a child who has been taken into temporary custody under this article, the social worker shall immediately investigate the circumstances of the child and the facts surrounding the childs being taken into custody and attempt to maintain the child with the childs family through the provision of services. The social worker shall immediately release the child to the custody of the childs parent, guardian, Indian custodian, or relative, regardless of the parents, guardians, Indian custodians, or relatives immigration status, unless one or more of the following conditions exist:
(1)The child has no parent, guardian, Indian custodian, or relative willing to provide care for the child.
(2)Continued detention of the child is a matter of immediate and urgent necessity for the protection of the child and there are no reasonable means by which the child can be protected in their home or the home of a relative.
(3)If it is known or there is reason to know the child is an Indian child, the child has been physically removed from the custody of a parent or parents or an Indian custodian, continued detention of the child continues to be necessary to prevent imminent physical damage or harm to the child, and there are no reasonable means by which the child can be protected if maintained in the physical custody of their parent or parents or Indian custodian.
(4)There is substantial evidence that a parent, guardian, or Indian custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
(5)The child has left a placement in which the child was placed by the juvenile court.
(6)The parent or other person having lawful custody of the child voluntarily surrendered physical custody of the child pursuant to Section 1255.7 of the Health and Safety Code and did not reclaim the child within the 14-day period specified in subdivision (g) of that section.
(b)In any case in which there is reasonable cause for believing that a child who is under the care of a physician and surgeon or a hospital, clinic, or other medical facility, cannot be immediately moved, and is a person described in Section 300, the child shall be deemed to have been taken into temporary custody and delivered to the social worker for the purposes of this chapter while the child is at the office of the physician and surgeon or the medical facility.
(c)If the child is not released to their parent or guardian, the child shall be deemed detained for purposes of this chapter.
(d)(1)If a relative, as defined in Section 319, an extended family member of an Indian child, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, is available and requests emergency placement of the child pending the detention hearing, or after the detention hearing and pending the dispositional hearing conducted pursuant to Section 358, the county welfare department shall initiate an assessment of the relatives or nonrelative extended family members suitability for emergency placement pursuant to Section 361.4.
(2)Upon completion of the assessment pursuant to Section 361.4, the child may be placed in the home on an emergency basis. Following the emergency placement of the child, the county welfare department shall evaluate and approve or deny the home pursuant to Section 16519.5. If the home in which the Indian child is placed is licensed or approved by the childs tribe, the provisions of Section 16519.5 do not apply for further approval. The county shall require the relative or nonrelative extended family member to submit an application for approval as a resource family and initiate the home environment assessment no later than five business days after the placement.
(3)If the sole issue preventing an emergency placement of a child with a relative or nonrelative extended family member is a lack of resources, including, but not limited to, physical items such as cribs and car seats, the agency shall use reasonable efforts to assist the relative or nonrelative extended family member in obtaining the necessary items within existing available resources. The department shall work with counties and stakeholders to issue guidance regarding reasonable efforts requirements.
(e)(1)If the child is removed, the social worker shall immediately conduct, but no later than 30 days after the child has been removed, an investigation in order to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling, adult siblings, other adult relatives of the child, as defined in paragraph (2) of subdivision (h) of Section 319, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). 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. The social worker shall provide to all adult relatives who are located, except when that relatives history of family or domestic violence makes notification inappropriate, within 30 days of removal of the child, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
(A)The child has been removed from the custody of their parent or parents, guardian or guardians, or Indian custodian.
(B)An explanation of the various options to participate in the care and placement of the child and support for the childs family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a resource family, and additional services and support that are available in out-of-home placements, and, if it is known or there is reason to know the child is an Indian child, the option of obtaining approval for placement through the tribes license or approval procedure. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), adoption, and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. The State Department of Social Services, in consultation with the County Welfare Directors Association of California and other interested stakeholders, shall develop the written notice.
(2)The social worker shall also provide the adult relatives notified pursuant to paragraph (1) with a relative information form to provide information to the social worker and the court regarding the needs of the child. The form shall include a provision whereby the relative may request the permission of the court to address the court, if the relative so chooses. The Judicial Council, in consultation with the State Department of Social Services and the County Welfare Directors Association of California, shall develop the form.
(3)(A)The social worker shall use due diligence in investigating the names and locations of the relatives, as well as any parent and alleged parent, pursuant to paragraph (1), including, but not limited to, asking the child in an age-appropriate manner about any parent, alleged parent, and relatives important to the child, consistent with the childs best interest, and obtaining information regarding the location of the childs parents, alleged parents, and adult relatives. Each county welfare department shall do both of the following:
(i)Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify themselves to the county welfare department and the county welfare department shall provide parents and relatives with the notices required by paragraphs (1) and (2).
(ii)Notify the State Department of Social Services, on or before January 1, 2024, in an email or other correspondence, whether it has adopted one of the suggested practices for family finding described in All-County Letter 18-42 and, generally, whether the practice has been implemented through training, memoranda, manuals, or comparable documents. If a county welfare department has not adopted one of the suggested practices for family finding described in All-County Letter 18-42, the county welfare department shall provide a copy to the State Department of Social Services of its existing family finding policies and practices, as reflected in memoranda, handbooks, manuals, training manuals, or any other document, that are in existence prior to January 1, 2022.
(B)The due diligence required under subparagraph (A) shall include family finding. For purposes of this section, family finding means conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, family finding also includes contacting the Indian childs tribe to identify relatives and kin.
SEC. 2.Section 319 of the Welfare and Institutions Code is amended to read:319.(a)At the initial petition hearing, the court shall examine the childs parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence as the child, the childs parents or guardians, the childs Indian custodian, the petitioner, the Indian childs tribe, or their counsel desires to present. The court may examine the child, as provided in Section 350.
(b)The social worker shall report to the court on the reasons why the child has been removed from the parents, guardians, or Indian custodians physical custody; the need, if any, for continued detention; and the available services and the referral methods to those services that could facilitate the return of the child to the custody of the childs parents, guardians, or Indian custodian; and shall document their efforts, and in the case of an Indian child, the active efforts, as defined in subdivision (f) of Section 224.1, and results of those efforts by the social worker to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin. If it is known or there is reason to know the child is an Indian child, the report shall also include all of the following:
(1)A statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent the imminent physical damage or harm to the child.
(2)The steps taken to provide notice to the childs parents, custodians, and tribe about the hearing pursuant to this section.
(3)If the childs parents and Indian custodians are unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the appropriate Bureau of Indian Affairs regional director.
(4)The residence and the domicile of the Indian child.
(5)If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village.
(6)The tribal affiliation of the child and of the parents or Indian custodians.
(7)A specific and detailed account of the circumstances that caused the Indian child to be taken into temporary custody.
(8)If the child is believed to reside or be domiciled on a reservation in which the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts that have been made and that are being made to contact the tribe and transfer the child to the tribes jurisdiction.
(9)A statement of the efforts that have been taken to assist the parents or Indian custodians so the Indian child may safely be returned to their custody.
(c)The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parents or guardians home is contrary to the childs welfare, and any of the following circumstances exist:
(1)There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the childs physical or emotional health may be protected without removing the child from the parents or guardians physical custody.
(2)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
(3)The child has left a placement in which the child was placed by the juvenile court.
(4)The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home.
(d)If the court knows or there is reason to know the child is an Indian child, the court may only detain the Indian child if it also finds that detention is necessary to prevent imminent physical damage or harm. The court shall state on the record the facts supporting this finding.
(e)(1)If the hearing pursuant to this section is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parents or guardians home is contrary to the childs welfare at the initial petition hearing or order the release of the child from custody.
(2)If the court knows or has reason to know the child is an Indian child, the hearing pursuant to this section may not be continued beyond 30 days unless the court finds all of the following:
(A)Restoring the child to the parent, parents, or Indian custodian would subject the child to imminent physical damage or harm.
(B)The court is unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe.
(C)It is not possible to initiate an Indian child custody proceeding as defined in Section 224.1.
(f)(1)The court shall also make a determination on the record, referencing the social workers report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from their home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be considered for purposes of making this determination are case management, counseling, emergency shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3 of, Chapter 1 (commencing with Section 17000) of Part 5 of, and Chapter 10 (commencing with Section 18900) of Part 6 of, Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention.
(2)If the court knows or has reason to know the child is an Indian child, the court shall also determine whether the county welfare department made active efforts to provide remedial services and rehabilitation programs designed to prevent the breakup of the Indian family. The court shall order the county welfare department to initiate or continue services or programs pending disposition pursuant to Section 358.
(3)If the child can be returned to the custody of their parent, guardian, or Indian custodian through the provision of those services, the court shall place the child with their parent, guardian, or Indian custodian and order that the services shall be provided. If the child cannot be returned to the physical custody of their parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to Section 361.4.
(4)In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of their parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of their parent would pose a substantial danger or would not pose a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child.
(g)If a court orders a child detained, the court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social workers report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the childs welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and their family, if appropriate.
(h)(1)(A)If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days:
(i)The home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, that has been assessed pursuant to Section 361.4.
(ii)The approved home of a resource family, as defined in Section 16519.5, or a home licensed or approved by the Indian childs tribe.
(iii)An emergency shelter or other suitable licensed place.
(iv)A place exempt from licensure designated by the juvenile court.
(B)A youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(C)If the court knows or has reason to know that the child is an Indian child, the Indian child shall be detained in a home that complies with the placement preferences set forth in Section 361.31 and in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), unless the court finds good cause exists pursuant to Section 361.31 not to follow the placement preferences. If the court finds good cause not to follow the placement preferences for detention, this finding does not affect the requirement that a diligent search be made for a subsequent placement within the placement preferences.
(2)Relatives shall be given preferential consideration for placement of the child. As used in this section, relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(3)When placing in the home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978, or nonrelative extended family member, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative, extended family member, or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, before ordering that the child be placed with a relative or nonrelative extended family member. The court may authorize the placement of a child on a temporary basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment pursuant to Section 361.3 of any relative to be considered for continuing placement.
(i)In the case of an Indian child, any order detaining the child pursuant to this section shall be considered an emergency removal within the meaning of Section 1922 of the federal Indian Child Welfare Act of 1978. The emergency proceeding shall terminate if the child is returned to the custody of the parent, parents, or Indian custodian, the child has been transferred to the custody and jurisdiction of the childs tribe, or the agency or another party to the proceeding recommends that the child be removed from the physical custody of their parent or parents or Indian custodian pursuant to Section 361 or 361.2.
(j)(1)At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:
(A)The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child.
(B)The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking.
(C)The childs educational and developmental services needs cannot be met without the temporary appointment of a responsible adult.
(2)If the court limits the parents educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the childs educational representative before appointing an educational representative or surrogate who is not known to the child.
(3)If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the courts decision shall be consistent with the childs individual program plan and pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services decisions for the child.
(4)A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of disposition orders, additional needed limitation on the parents or guardians educational or developmental services rights shall be addressed pursuant to Section 361.
(5)This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures, as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.
(6)If the court appoints a developmental services decisionmaker pursuant to this section, the developmental services decisionmaker shall have the authority to access the childs information and records pursuant to subdivision (u) of Section 4514 and paragraph (23) of subdivision (a) of Section 5328, and to act on the childs behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order.
(k)For a placement made on or after October 1, 2021, each temporary placement of the child pursuant to subdivision (h) in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
(l)For a placement made on or after July 1, 2022, each temporary placement of the child pursuant to subdivision (h) in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
SEC. 2.1.Section 319 of the Welfare and Institutions Code is amended to read:319.(a)At the initial petition hearing, the court shall examine the childs parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence as the child, the childs parents or guardians, the childs Indian custodian, the petitioner, the Indian childs tribe, or their counsel desires to present. The court may examine the child, as provided in Section 350.
(b)The social worker shall report to the court on the reasons why the child has been removed from the parents, guardians, or Indian custodians physical custody; the need, if any, for continued detention; and the available services and the referral methods to those services that could facilitate the return of the child to the custody of the childs parents, guardians, or Indian custodian; and shall document their efforts, and in the case of an Indian child, the active efforts, as defined in subdivision (f) of Section 224.1, and results of those efforts by the social worker to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin. If it is known or there is reason to know the child is an Indian child, the report shall also include all of the following:
(1)A statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent the imminent physical damage or harm to the child.
(2)The steps taken to provide notice to the childs parents, custodians, and tribe about the hearing pursuant to this section.
(3)If the childs parents and Indian custodians are unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the appropriate Bureau of Indian Affairs regional director.
(4)The residence and the domicile of the Indian child.
(5)If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village.
(6)The tribal affiliation of the child and of the parents or Indian custodians.
(7)A specific and detailed account of the circumstances that caused the Indian child to be taken into temporary custody.
(8)If the child is believed to reside or be domiciled on a reservation in which the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts that have been made and that are being made to contact the tribe and transfer the child to the tribes jurisdiction.
(9)A statement of the efforts that have been taken to assist the parents or Indian custodians so the Indian child may safely be returned to their custody.
(c)The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parents or guardians home is contrary to the childs welfare, and any of the following circumstances exist:
(1)There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the childs physical or emotional health may be protected without removing the child from the parents or guardians physical custody.
(2)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
(3)The child has left a placement in which the child was placed by the juvenile court.
(4)The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home.
(d)If the court knows or there is reason to know the child is an Indian child, the court may only detain the Indian child if it also finds that detention is necessary to prevent imminent physical damage or harm. The court shall state on the record the facts supporting this finding.
(e)(1)If the hearing pursuant to this section is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parents or guardians home is contrary to the childs welfare at the initial petition hearing or order the release of the child from custody.
(2)If the court knows or has reason to know the child is an Indian child, the hearing pursuant to this section may not be continued beyond 30 days unless the court finds all of the following:
(A)Restoring the child to the parent, parents, or Indian custodian would subject the child to imminent physical damage or harm.
(B)The court is unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe.
(C)It is not possible to initiate an Indian child custody proceeding as defined in Section 224.1.
(f)(1)The court shall also make a determination on the record, referencing the social workers report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from their home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be considered for purposes of making this determination are case management, counseling, emergency shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3 of, Chapter 1 (commencing with Section 17000) of Part 5 of, and Chapter 10 (commencing with Section 18900) of Part 6 of, Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention.
(2)If the court knows or has reason to know the child is an Indian child, the court shall also determine whether the county welfare department made active efforts to provide remedial services and rehabilitation programs designed to prevent the breakup of the Indian family. The court shall order the county welfare department to initiate or continue services or programs pending disposition pursuant to Section 358.
(3)If the child can be returned to the custody of their parent, guardian, or Indian custodian through the provision of those services, the court shall place the child with their parent, guardian, or Indian custodian and order that the services shall be provided. If the child cannot be returned to the physical custody of their parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to Section 361.4.
(4)In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of their parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of their parent would pose a substantial danger or would not pose a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child.
(g)If a court orders a child detained, the court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social workers report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the childs welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and their family, if appropriate.
(h)(1)(A)If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days:
(i)The home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, that has been assessed pursuant to Section 361.4.
(ii)The approved home of a resource family, as defined in Section 16519.5, or a home licensed or approved by the Indian childs tribe.
(iii)An emergency shelter or other suitable licensed place.
(iv)A place exempt from licensure designated by the juvenile court.
(B)A youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(C)If the court knows or has reason to know that the child is an Indian child, the Indian child shall be detained in a home that complies with the placement preferences set forth in Section 361.31 and in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), unless the court finds good cause exists pursuant to Section 361.31 not to follow the placement preferences. If the court finds good cause not to follow the placement preferences for detention, this finding does not affect the requirement that a diligent search be made for a subsequent placement within the placement preferences.
(2)Relatives shall be given preferential consideration for placement of the child. As used in this section, relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(3)When placing in the home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978, or nonrelative extended family member, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative, extended family member, or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, before ordering that the child be placed with a relative or nonrelative extended family member. The court may authorize the placement of a child on a temporary basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment pursuant to Section 361.3 of any relative to be considered for continuing placement.
(i)In the case of an Indian child, any order detaining the child pursuant to this section shall be considered an emergency removal within the meaning of Section 224.1 of this code, and as described in subdivision (g) of Section 305.5, and Section 1922 of the federal Indian Child Welfare Act of 1978. The emergency proceeding shall terminate if the child is returned to the custody of the parent, parents, or Indian custodian, the child has been transferred to the custody and jurisdiction of the childs tribe, or the agency or another party to the proceeding recommends that the child be removed from the physical custody of their parent or parents or Indian custodian pursuant to Section 361 or 361.2.
(j)(1)At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:
(A)The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child.
(B)The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking.
(C)The childs educational and developmental services needs cannot be met without the temporary appointment of a responsible adult.
(2)If the court limits the parents educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the childs educational representative before appointing an educational representative or surrogate who is not known to the child.
(3)If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the courts decision shall be consistent with the childs individual program plan and pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services decisions for the child.
(4)A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of disposition orders, additional needed limitation on the parents or guardians educational or developmental services rights shall be addressed pursuant to Section 361.
(5)This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures, as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.
(6)If the court appoints a developmental services decisionmaker pursuant to this section, the developmental services decisionmaker shall have the authority to access the childs information and records pursuant to subdivision (u) of Section 4514 and paragraph (23) of subdivision (a) of Section 5328, and to act on the childs behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order.
(k)For a placement made on or after October 1, 2021, each temporary placement of the child pursuant to subdivision (h) in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
(l)For a placement made on or after July 1, 2022, each temporary placement of the child pursuant to subdivision (h) in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
SEC. 2.2.Section 319 of the Welfare and Institutions Code is amended to read:319.(a)At the initial petition hearing, the court shall review the report described in subdivision (b) and examine the childs parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence as the child, the childs parents or guardians, the childs Indian custodian, the petitioner, the Indian childs tribe, or their counsel desires to present. The court may examine the child, as provided in Section 350.
(b)The social worker shall report to the court on the reasons why the child has been removed from the parents, guardians, or Indian custodians physical custody; the need, if any, for continued detention; and the available services and the referral methods to those services that could facilitate the return of the child to the custody of the childs parents, guardians, or Indian custodian; and shall document their efforts, and in the case of an Indian child, the active efforts, as defined in subdivision (f) of Section 224.1, and results of those efforts by the social worker to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin. The report shall also include information regarding any short-term or long-term harms, or both short-term and long-term harms, to the child that may result from their removal from the custody of their parent, guardian, or Indian custodian, including, but not limited to, the information specified in subparagraph (A) of paragraph (2) of subdivision (c), the placement options, including an assessment of the least disruptive alternatives to returning the child to the custody of their parent, guardian, or Indian custodian, including compliance with the placement preferences set forth in Section 361.31 in the case of an Indian child, and measures that may be available to alleviate disruption and minimize the harms of removal. If it is known or there is reason to know the child is an Indian child, the report shall also include all of the following:
(1)A statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent the imminent physical damage or harm to the child.
(2)The steps taken to provide notice to the childs parents, custodians, and tribe about the hearing pursuant to this section.
(3)If the childs parents and Indian custodians are unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the appropriate Bureau of Indian Affairs regional director.
(4)The residence and the domicile of the Indian child.
(5)If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village.
(6)The tribal affiliation of the child and of the parents or Indian custodians.
(7)A specific and detailed account of the circumstances that caused the Indian child to be taken into temporary custody.
(8)If the child is believed to reside or be domiciled on a reservation in which the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts that have been made and that are being made to contact the tribe and transfer the child to the tribes jurisdiction.
(9)A statement of the efforts that have been taken to assist the parents or Indian custodians so the Indian child may safely be returned to their custody.
(10)The steps taken to consult and collaborate with the tribe and the outcome of that consultation and collaboration.
(c)(1)The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parents or guardians home is contrary to the childs welfare, and any of the following circumstances exist:
(A)There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the childs physical or emotional health may be protected without removing the child from the parents or guardians physical custody.
(B)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
(C)The child has left a placement in which the child was placed by the juvenile court.
(D)The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home.
(2)(A)The court shall determine whether less disruptive alternatives to removal were considered by the agency, such as factors related to the impact of removal on the child, including, but not limited to, the following:
(i)A description of the relationship between the child and their parents, guardians, or Indian custodians, based on the childs perspective, and the childs response to removal and, where developmentally appropriate, their perspective on removal.
(ii)The relationship between the child and any siblings.
(iii)The relationship between the child and other members of the household.
(iv)Any disruption to the childs schooling, social relationships, and physical or emotional health that may result from placement out of the home, and in the case of an Indian child, any impact on the childs connection to their tribe, extended family members, and tribal community.
(B)If the court finds that removal is necessary under paragraph (1), the court shall, in a written order or on the record, set forth all of the following:
(i)The basis for its findings and the evidence relied on.
(ii)Its determination regarding the childs placement, including whether it complies with the placement preferences set forth in Section 361.31 and less disruptive alternatives.
(iii)Include any orders necessary to alleviate any disruption or harm to the child resulting from removal.
(C)Nothing in this paragraph permits a child to be released to a parent, legal guardian, or Indian custodian, or to be placed in an unsafe placement, due solely to the court determining the child was not offered less disruptive alternatives.
(d)If the court knows or there is reason to know the child is an Indian child, the court may only detain the Indian child if it also finds that detention is necessary to prevent imminent physical damage or harm. The court shall state on the record the facts supporting this finding.
(e)(1)If the hearing pursuant to this section is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parents or guardians home is contrary to the childs welfare at the initial petition hearing or order the release of the child from custody.
(2)If the court knows or has reason to know the child is an Indian child, the hearing pursuant to this section may not be continued beyond 30 days unless the court finds all of the following:
(A)Restoring the child to the parent, parents, or Indian custodian would subject the child to imminent physical damage or harm.
(B)The court is unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe.
(C)It is not possible to initiate an Indian child custody proceeding as defined in Section 224.1.
(f)(1)The court shall also make a determination on the record, referencing the social workers report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from their home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be considered for purposes of making this determination are case management, counseling, emergency shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3 of, Chapter 1 (commencing with Section 17000) of Part 5 of, and Chapter 10 (commencing with Section 18900) of Part 6 of, Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention. This determination shall apply to each child individually, and the considerations shall be tailored to the individual child.
(2)If the court knows or has reason to know the child is an Indian child, the court shall also determine whether the county welfare department made active efforts to provide remedial services and rehabilitation programs designed to prevent the breakup of the Indian family. The court shall order the county welfare department to initiate or continue services or programs pending disposition pursuant to Section 358.
(3)If the child can be returned to the custody of their parent, guardian, or Indian custodian through the provision of those services, the court shall place the child with their parent, guardian, or Indian custodian and order that the services shall be provided. If the child cannot be returned to the physical custody of their parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to Section 361.4.
(4)In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of their parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of their parent would pose a substantial danger or would not pose a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child.
(g)If a court orders a child detained, the court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social workers report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the childs welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and their family, if appropriate.
(h)(1)(A)If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days:
(i)The home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, that has been assessed pursuant to Section 361.4.
(ii)The approved home of a resource family, as described in Section 16519.5, or a home licensed or approved by the Indian childs tribe.
(iii)An emergency shelter or other suitable licensed place.
(iv)A place exempt from licensure designated by the juvenile court.
(B)A youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(C)If the court knows or has reason to know that the child is an Indian child, the Indian child shall be detained in a home that complies with the placement preferences set forth in Section 361.31 and in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), unless the court finds good cause exists pursuant to Section 361.31 not to follow the placement preferences. If the court finds good cause not to follow the placement preferences for detention, this finding does not affect the requirement that a diligent search be made for a subsequent placement within the placement preferences.
(2)Relatives shall be given preferential consideration for placement of the child. As used in this section, relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(3)When placing in the home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978, or nonrelative extended family member, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative, extended family member, or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, before ordering that the child be placed with a relative or nonrelative extended family member. The court may authorize the placement of a child on a temporary basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment pursuant to Section 361.3 of any relative to be considered for continuing placement.
(i)In the case of an Indian child, any order detaining the child pursuant to this section shall be considered an emergency removal within the meaning of Section 1922 of the federal Indian Child Welfare Act of 1978. The emergency proceeding shall terminate if the child is returned to the custody of the parent, parents, or Indian custodian, the child has been transferred to the custody and jurisdiction of the childs tribe, or the agency or another party to the proceeding recommends that the child be removed from the physical custody of their parent or parents or Indian custodian pursuant to Section 361 or 361.2.
(j)(1)At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:
(A)The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child.
(B)The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking.
(C)The childs educational and developmental services needs cannot be met without the temporary appointment of a responsible adult.
(2)If the court limits the parents educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the childs educational representative before appointing an educational representative or surrogate who is not known to the child.
(3)If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the courts decision shall be consistent with the childs individual program plan and pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services decisions for the child.
(4)A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of disposition orders, additional needed limitation on the parents or guardians educational or developmental services rights shall be addressed pursuant to Section 361.
(5)This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures, as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.
(6)If the court appoints a developmental services decisionmaker pursuant to this section, the developmental services decisionmaker shall have the authority to access the childs information and records pursuant to subdivision (u) of Section 4514 and paragraph (23) of subdivision (a) of Section 5328, and to act on the childs behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order.
(k)For a placement made on or after October 1, 2021, each temporary placement of the child pursuant to subdivision (h) in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
(l)For a placement made on or after July 1, 2022, each temporary placement of the child pursuant to subdivision (h) in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
SEC. 2.3.Section 319 of the Welfare and Institutions Code is amended to read:319.(a)At the initial petition hearing, the court shall review the report described in subdivision (b) and examine the childs parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence as the child, the childs parents or guardians, the childs Indian custodian, the petitioner, the Indian childs tribe, or their counsel desires to present. The court may examine the child, as provided in Section 350.
(b)The social worker shall report to the court on the reasons why the child has been removed from the parents, guardians, or Indian custodians physical custody; the need, if any, for continued detention; and the available services and the referral methods to those services that could facilitate the return of the child to the custody of the childs parents, guardians, or Indian custodian; and shall document their efforts, and in the case of an Indian child, the active efforts, as defined in subdivision (f) of Section 224.1, and results of those efforts by the social worker to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin. The report shall also include information regarding any short-term or long-term harms, or both short-term and long-term harms, to the child that may result from their removal from the custody of their parent, guardian, or Indian custodian, including, but not limited to, the information specified in subparagraph (A) of paragraph (2) of subdivision (c), the placement options, including an assessment of the least disruptive alternatives to returning the child to the custody of their parent, guardian, or Indian custodian, including compliance with the placement preferences set forth in Section 361.31 in the case of an Indian child, and measures that may be available to alleviate disruption and minimize the harms of removal. If it is known or there is reason to know the child is an Indian child, the report shall also include all of the following:
(1)A statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent the imminent physical damage or harm to the child.
(2)The steps taken to provide notice to the childs parents, custodians, and tribe about the hearing pursuant to this section.
(3)If the childs parents and Indian custodians are unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the appropriate Bureau of Indian Affairs regional director.
(4)The residence and the domicile of the Indian child.
(5)If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village.
(6)The tribal affiliation of the child and of the parents or Indian custodians.
(7)A specific and detailed account of the circumstances that caused the Indian child to be taken into temporary custody.
(8)If the child is believed to reside or be domiciled on a reservation in which the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts that have been made and that are being made to contact the tribe and transfer the child to the tribes jurisdiction.
(9)A statement of the efforts that have been taken to assist the parents or Indian custodians so the Indian child may safely be returned to their custody.
(10)The steps taken to consult and collaborate with the tribe and the outcome of that consultation and collaboration.
(c)(1)The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parents or guardians home is contrary to the childs welfare, and any of the following circumstances exist:
(A)There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the childs physical or emotional health may be protected without removing the child from the parents or guardians physical custody.
(B)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
(C)The child has left a placement in which the child was placed by the juvenile court.
(D)The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home.
(2)(A)The court shall determine whether less disruptive alternatives to removal were considered by the agency, such as factors related to the impact of removal on the child, including, but not limited to, the following:
(i)A description of the relationship between the child and their parents, guardians, or Indian custodians, based on the childs perspective, and the childs response to removal and, where developmentally appropriate, their perspective on removal.
(ii)The relationship between the child and any siblings.
(iii)The relationship between the child and other members of the household.
(iv)Any disruption to the childs schooling, social relationships, and physical or emotional health that may result from placement out of the home, and in the case of an Indian child, any impact on the childs connection to their tribe, extended family members, and tribal community.
(B)If the court finds that removal is necessary under paragraph (1), the court shall, in a written order or on the record, set forth all of the following:
(i)The basis for its findings and the evidence relied on.
(ii)Its determination regarding the childs placement, including whether it complies with the placement preferences set forth in Section 361.31 and less disruptive alternatives.
(iii)Include any orders necessary to alleviate any disruption or harm to the child resulting from removal.
(C)Nothing in this paragraph permits a child to be released to a parent, legal guardian, or Indian custodian, or to be placed in an unsafe placement, due solely to the court determining the child was not offered less disruptive alternatives.
(d)If the court knows or there is reason to know the child is an Indian child, the court may only detain the Indian child if it also finds that detention is necessary to prevent imminent physical damage or harm. The court shall state on the record the facts supporting this finding.
(e)(1)If the hearing pursuant to this section is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parents or guardians home is contrary to the childs welfare at the initial petition hearing or order the release of the child from custody.
(2)If the court knows or has reason to know the child is an Indian child, the hearing pursuant to this section may not be continued beyond 30 days unless the court finds all of the following:
(A)Restoring the child to the parent, parents, or Indian custodian would subject the child to imminent physical damage or harm.
(B)The court is unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe.
(C)It is not possible to initiate an Indian child custody proceeding as defined in Section 224.1.
(f)(1)The court shall also make a determination on the record, referencing the social workers report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from their home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be considered for purposes of making this determination are case management, counseling, emergency shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3 of, Chapter 1 (commencing with Section 17000) of Part 5 of, and Chapter 10 (commencing with Section 18900) of Part 6 of, Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention. This determination shall apply to each child individually, and the considerations shall be tailored to the individual child.
(2)If the court knows or has reason to know the child is an Indian child, the court shall also determine whether the county welfare department made active efforts to provide remedial services and rehabilitation programs designed to prevent the breakup of the Indian family. The court shall order the county welfare department to initiate or continue services or programs pending disposition pursuant to Section 358.
(3)If the child can be returned to the custody of their parent, guardian, or Indian custodian through the provision of those services, the court shall place the child with their parent, guardian, or Indian custodian and order that the services shall be provided. If the child cannot be returned to the physical custody of their parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to Section 361.4.
(4)In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of their parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of their parent would pose a substantial danger or would not pose a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child.
(g)If a court orders a child detained, the court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social workers report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the childs welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and their family, if appropriate.
(h)(1)(A)If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days:
(i)The home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, that has been assessed pursuant to Section 361.4.
(ii)The approved home of a resource family, as described in Section 16519.5, or a home licensed or approved by the Indian childs tribe.
(iii)An emergency shelter or other suitable licensed place.
(iv)A place exempt from licensure designated by the juvenile court.
(B)A youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(C)If the court knows or has reason to know that the child is an Indian child, the Indian child shall be detained in a home that complies with the placement preferences set forth in Section 361.31 and in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), unless the court finds good cause exists pursuant to Section 361.31 not to follow the placement preferences. If the court finds good cause not to follow the placement preferences for detention, this finding does not affect the requirement that a diligent search be made for a subsequent placement within the placement preferences.
(2)Relatives shall be given preferential consideration for placement of the child. As used in this section, relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(3)When placing in the home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978, or nonrelative extended family member, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative, extended family member, or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, before ordering that the child be placed with a relative or nonrelative extended family member. The court may authorize the placement of a child on a temporary basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment pursuant to Section 361.3 of any relative to be considered for continuing placement.
(i)In the case of an Indian child, any order detaining the child pursuant to this section shall be considered an emergency removal within the meaning of Section 224.1 of this code, and as described in subdivision (g) of Section 305.5, and Section 1922 of the federal Indian Child Welfare Act of 1978. The emergency proceeding shall terminate if the child is returned to the custody of the parent, parents, or Indian custodian, the child has been transferred to the custody and jurisdiction of the childs tribe, or the agency or another party to the proceeding recommends that the child be removed from the physical custody of their parent or parents or Indian custodian pursuant to Section 361 or 361.2.
(j)(1)At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:
(A)The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child.
(B)The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking.
(C)The childs educational and developmental services needs cannot be met without the temporary appointment of a responsible adult.
(2)If the court limits the parents educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the childs educational representative before appointing an educational representative or surrogate who is not known to the child.
(3)If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the courts decision shall be consistent with the childs individual program plan and pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services decisions for the child.
(4)A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of disposition orders, additional needed limitation on the parents or guardians educational or developmental services rights shall be addressed pursuant to Section 361.
(5)This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures, as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.
(6)If the court appoints a developmental services decisionmaker pursuant to this section, the developmental services decisionmaker shall have the authority to access the childs information and records pursuant to subdivision (u) of Section 4514 and paragraph (23) of subdivision (a) of Section 5328, and to act on the childs behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order.
(k)For a placement made on or after October 1, 2021, each temporary placement of the child pursuant to subdivision (h) in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
(l)For a placement made on or after July 1, 2022, each temporary placement of the child pursuant to subdivision (h) in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
SEC. 3.Section 358.1 of the Welfare and Institutions Code is amended to read:358.1.Each social study or evaluation made by a social worker or child advocate appointed by the court, required to be received in evidence pursuant to Section 358, shall include, but not be limited to, a factual discussion of each of the following subjects:
(a)Whether the county welfare department or social worker has considered either of the following:
(1)Child protective services, as defined in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9, as a possible solution to the problems at hand, and has offered these services to qualified parents if appropriate under the circumstances.
(2)Whether the child can be returned to the custody of the childs parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with the childs parent.
(b)What plan, if any, for return of the child to the childs parents and for achieving legal permanence for the child if efforts to reunify fail, is recommended to the court by the county welfare department or probation officer.
(c)Whether the best interest of the child will be served by granting reasonable visitation rights with the child to the childs grandparents, in order to maintain and strengthen the childs family relationships.
(d)(1)Whether the child has siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and the childs siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(2)The factual discussion shall include a discussion of indicators of the nature of the childs sibling relationships, including, but not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with another sibling, as applicable, and whether ongoing contact is in the childs best emotional interest.
(e)If the parent or guardian is unwilling or unable to participate in making an educational decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational decisions for the child, the county welfare department or social worker shall consider whether the right of the parent or guardian to make educational decisions for the child should be limited. If the study or evaluation makes that recommendation, it shall identify whether there is a responsible adult available to make educational decisions for the child pursuant to Section 361.
(f)Whether the child appears to be a person who is eligible to be considered for further court action to free the child from parental custody and control.
(g)Whether the parent has been advised of the childs option to participate in adoption planning, including the option to enter into a postadoption contact agreement as described in Section 8616.5 of the Family Code, and to voluntarily relinquish the child for adoption if an adoption agency is willing to accept the relinquishment.
(h)The efforts, and in the case of an Indian child, the active efforts as defined by subdivision (f) of Section 224.1, and results of those efforts by the social worker to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
(i)The appropriateness of any relative placement pursuant to Section 361.3. However, this consideration may not be cause for continuance of the dispositional hearing.
(j)Whether the caregiver desires, and is willing, to provide legal permanency for the child if reunification is unsuccessful.
(k)For an Indian child, in consultation with the Indian childs tribe, whether tribal customary adoption is an appropriate permanent plan for the child if reunification is unsuccessful.
(l)On and after the date that the director executes a declaration pursuant to Section 11217, whether the child has been placed in an approved relatives home under a voluntary placement agreement for a period not to exceed 180 days, the parent or guardian is not interested in additional family maintenance or family reunification services, and the relative desires and is willing to be appointed the childs legal guardian.
(m)For a placement made on or after October 1, 2021, if the child has been placed in a short-term residential therapeutic program, the social study shall include the information specified in subdivision (c) of Section 361.22.
(n)For a placement made on or after July 1, 2022, if the child has been placed in a community treatment facility, the social study shall include the information specified in subdivision (c) of Section 361.22.
SEC. 4.Section 366 of the Welfare and Institutions Code is amended to read:366.(a)(1)The status of every dependent child in foster care shall be reviewed periodically as determined by the court but no less frequently than once every six months, as calculated from the date of the original dispositional hearing, until the hearing described in Section 366.26 is completed. The court shall consider the safety of the child and shall determine all of the following:
(A)The continuing necessity for and appropriateness of the placement. If the child or nonminor dependent is placed in a short-term residential therapeutic program on or after October 1, 2021, or placed in 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.
(B)For children and nonminor dependents in out-of-home care, whether the social worker has continued efforts, and in the case of an Indian child, the active efforts as defined by subdivision (f) of Section 224.1, to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin and the results of those efforts.
(C)The extent of the agencys compliance with the case plan in making reasonable efforts, or, in the case of a child 16 years of age or older with another planned permanent living arrangement, the ongoing and intensive efforts, to return the child to a safe home and to complete any steps necessary to finalize the permanent placement of the child, including efforts to maintain relationships between a child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer, and individuals other than the childs siblings who are important to the child, consistent with the childs best interests. Where it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, the court shall also determine whether the agency has made active efforts, as defined in Section 224.1 and as described in Section 361.7, to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family.
(D)Whether there should be any limitation on the right of the parent, guardian, or Indian custodian to make educational decisions or developmental services decisions for the child. That limitation shall be specifically addressed in the court order and shall not exceed those necessary to protect the child. Whenever the court specifically limits the right of the parent, guardian, or Indian custodian 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.
(E)(i)Whether the child has other siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(I)The nature of the relationship between the child and the childs siblings.
(II)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(III)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(IV)If the siblings are not placed together, all of the following:
(ia)The frequency and nature of the visits between the siblings.
(ib)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(ic)If there are visits between the siblings, a description of the location and length of the visits.
(id)Any plan to increase visitation between the siblings.
(V)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(VI)The continuing need to suspend sibling interaction, if applicable, pursuant to subdivision (c) of Section 16002.
(ii)The factors the court may consider in making a determination regarding the nature of the childs sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(F)The extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care.
(G)(i)For a child who is 10 years of age or older, is in junior high, middle, or high school, and has been under the jurisdiction of the juvenile court for a year or longer, or a nonminor dependent, whether the social worker or probation officer has verified that the child or nonminor dependent has received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system or has ensured that the child will receive the instruction.
(ii)For a child or nonminor dependent described in clause (i), whether the social worker or probation officer has done all of the following:
(I)Informed the child or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, abortion, and the prevention and treatment of sexually transmitted infections.
(II)Informed the child or nonminor dependent, in an age and developmentally appropriate manner, of the childs right to consent to sexual and reproductive health services and the childs confidentiality rights regarding those services.
(III)Informed the child or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed.
(iii)This subparagraph does not affect any applicable confidentiality law.
(iv)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(H)(i)For a child who is 16 years of age or older or for a nonminor dependent, whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(ii)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(I)If the review hearing is the last review hearing to be held before the child attains 18 years of age, the court shall conduct the hearing pursuant to Section 366.31 or 366.32.
(2)The court shall project a likely date by which the child may be returned to and safely maintained in the home or placed for adoption, tribal customary adoption in the case of an Indian child, legal guardianship, placed with a fit and willing relative, or in another planned permanent living arrangement.
(b)Subsequent to the hearing, periodic reviews of each child in foster care shall be conducted pursuant to the requirements of Sections 366.3 and 16503.
(c)If the child has been placed out of state, each review described in subdivision (a) and any reviews conducted pursuant to Sections 366.3 and 16503 shall also address whether the out-of-state placement continues to be the most appropriate placement selection and in the best interests of the child.
(d)(1)A review described in subdivision (a) and any reviews conducted pursuant to Sections 366.3 and 16503 shall not result in a placement of a child outside the United States prior to a judicial finding that the placement is in the best interest of the child, except as required by federal law or treaty.
(2)The party or agency requesting placement of the child outside the United States shall carry the burden of proof and must show, by clear and convincing evidence, that a placement outside the United States is in the best interest of the child.
(3)In determining the best interest of the child, the court shall consider, but not be limited to, the following factors:
(A)Placement with a relative.
(B)Placement of siblings in the same home.
(C)Amount and nature of any contact between the child and the potential guardian or caretaker.
(D)Physical and medical needs of the dependent child.
(E)Psychological and emotional needs of the dependent child.
(F)Social, cultural, and educational needs of the dependent child.
(G)Specific desires of any dependent child who is 12 years of age or older.
(4)If the court finds that a placement outside the United States is, by clear and convincing evidence, in the best interest of the child, the court may issue an order authorizing the social worker or placing agency to make a placement outside the United States. A child subject to this subdivision shall not leave the United States prior to the issuance of the order described in this paragraph.
(5)For purposes of this subdivision, outside the United States shall not include the lands of any federally recognized American Indian tribe or Alaskan Natives.
(6)This section shall not apply to the placement of a dependent child with a parent.
(e)(1)On and after July 1, 2021, a child shall not be placed or remain in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, unless the placement is ordered or approved pursuant to Section 361.21.
(2)Notwithstanding any other law, on and after July 1, 2022, a child shall not be placed by a county child welfare agency in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, except for placements described in subdivision (h) of Section 7911.1 of the Family Code.
(3)Notwithstanding any other law, a child who is placed in an out-of-state residential facility by a county child welfare agency shall not remain in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, after January 1, 2023.
(f)The status review of every nonminor dependent, as defined in subdivision (v) of Section 11400, shall be conducted pursuant to the requirements of Sections 366.3, 366.31, or 366.32, and 16503 until dependency jurisdiction is terminated pursuant to Section 391.
SEC. 5.Section 366.1 of the Welfare and Institutions Code is amended to read:366.1.Each supplemental report required to be filed pursuant to Section 366 shall include, but not be limited to, a factual discussion of each of the following subjects:
(a)Whether the county welfare department social worker has considered either of the following:
(1)Child protective services, as defined in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9, as a possible solution to the problems at hand, and has offered those services to qualified parents, if appropriate under the circumstances.
(2)Whether the child can be returned to the custody of the childs parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with the childs parent.
(b)What plan, if any, for the return and maintenance of the child in a safe home is recommended to the court by the county welfare department social worker.
(c)Whether the subject child appears to be a person who is eligible to be considered for further court action to free the child from parental custody and control.
(d)What actions, if any, have been taken by the parent to correct the problems that caused the child to be made a dependent child of the court.
(e)If the parent or guardian is unwilling or unable to participate in making an educational decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational decisions for the child, the county welfare department or social worker shall consider whether the right of the parent or guardian to make educational decisions for the child should be limited. If the supplemental report makes that recommendation, the report shall identify whether there is a responsible adult available to make educational decisions for the child pursuant to Section 361.
(f)(1)The health and education of the minor, including a copy of the complete health and education summary, as required under Section 16010, including the name and contact information of the person or persons currently holding the right to make educational decisions for the child.
(2)In instances in which it is determined that disclosure pursuant to paragraph (1) of the contact information of the person or persons currently holding the right to make educational decisions for the child poses a threat to the health and safety of that individual or those individuals, that contact information shall be redacted or withheld from the health and education summary within the supplemental report described in this section.
(g)For a child or nonminor dependent who does not reside with their parents, relatives, or an Indian custodian, the continued efforts, and in the case of an Indian child, the active efforts as defined by subdivision (f) of Section 224.1, that the social worker has made to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin. The social worker shall document the efforts and the results of those efforts.
(h)(1)Whether the child has any siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and the childs siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(2)The factual discussion shall include a discussion of indicators of the nature of the childs sibling relationships, including, but not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(i)(1)For a child who is 10 years of age or older and has been under the jurisdiction of the juvenile court for a year or longer, or a nonminor dependent, either of the following:
(A)For a child in junior high or middle school, either that the child has already received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system while in junior high or middle school or how the county will ensure that the child receives that instruction at least once before completing junior high or middle school if the child remains under the jurisdiction of the juvenile court during that timeframe.
(B)For a child in high school or a nonminor dependent, either that the child has received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system while in high school, or how the county will ensure that the child or nonminor dependent receives that instruction at least once before completing high school if the child remains under the jurisdiction of the juvenile court during that timeframe.
(2)For a child who is 10 years of age or older or a nonminor dependent, whether the social worker or probation officer has done all of the following:
(A)Informed the child or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, abortion, and the prevention and treatment of sexually transmitted infections.
(B)Informed the child or nonminor dependent, in an age and developmentally appropriate manner, of the childs right to consent to sexual and reproductive health services and the childs confidentiality rights regarding those services.
(C)Informed the child or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed.
(3)This subdivision does not affect any applicable confidentiality law.
(4)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subdivision.
(j)(1)For a child who is 16 years of age or older or for a nonminor dependent, whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(2)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subdivision.
(k)Whether a child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer has relationships with individuals other than the childs siblings who are important to the child, consistent with the childs best interests, and actions taken to maintain those relationships. The social worker shall ask every child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer to identify any individuals other than the childs siblings who are important to the child, consistent with the childs best interest. The social worker may ask any other child to provide that information, as appropriate.
(l)The implementation and operation of the amendments to subdivision (j) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
(m)On and after October 1, 2021, for a child whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for a child whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the supplemental report shall include evidence of all of the following:
(1)Ongoing assessment of the strengths and needs of the child that 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 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 628 of the Welfare and Institutions Code is amended to read:628.(a)(1)Upon delivery to the probation officer of a minor who has been taken into temporary custody under the provisions of this article, the probation officer shall immediately investigate the circumstances of the minor and the facts surrounding their being taken into custody and shall immediately release the minor to the custody of their parent, legal guardian, or responsible relative unless it can be demonstrated upon the evidence before the court that continuance in the home is contrary to the minors welfare and one or more of the following conditions exist:
(A)Continued detention of the minor is a matter of immediate and urgent necessity for the protection of the minor or reasonable necessity for the protection of the person or property of another.
(B)The minor is likely to flee the jurisdiction of the court.
(C)The minor has violated an order of the juvenile court.
(2)The probation officers decision to detain a minor who is currently a dependent of the juvenile court pursuant to Section 300 or the subject of a petition to declare the minor a dependent of the juvenile court pursuant to Section 300 and who has been removed from the custody of their parent or guardian by the juvenile court shall not be based on any of the following:
(A)The minors status as a dependent of the juvenile court or as the subject of a petition to declare the minor a dependent of the juvenile court.
(B)A determination that continuance in the minors current placement is contrary to the minors welfare.
(C)The child welfare services departments inability to provide a placement for the minor.
(3)The probation officer shall immediately release a minor described in paragraph (2) to the custody of the child welfare services department or the minors current foster parent or other caregiver unless the probation officer determines that one or more of the conditions in paragraph (1) exist.
(4)This section does not limit a probation officers authority to refer a minor to child welfare services.
(b)If the probation officer has reason to believe that the minor is at risk of entering foster care placement, as defined in paragraphs (1) and (2) of subdivision (d) of Section 727.4, the probation officer shall, as part of the investigation undertaken pursuant to subdivision (a), make reasonable efforts, as described in paragraph (5) of subdivision (d) of Section 727.4, to prevent or eliminate the need for removal of the minor from their home.
(c)In any case in which there is reasonable cause for believing that a minor who is under the care of a physician or surgeon or a hospital, clinic, or other medical facility and cannot be immediately moved is a person described in subdivision (d) of Section 300, the minor shall be deemed to have been taken into temporary custody and delivered to the probation officer for the purposes of this chapter while the minor is at the office of the physician or surgeon or that medical facility.
(d)(1)It is the intent of the Legislature that this subdivision shall comply with paragraph (29) of subsection (a) of Section 671 of Title 42 of the United States Code as added by the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). It is further the intent of the Legislature that the identification and notification of relatives shall be made as early as possible after the removal of a youth who is at risk of entering foster care placement.
(2)If the minor is detained and the probation officer has reason to believe that the minor is at risk of entering foster care placement, as defined in paragraphs (1) and (2) of subdivision (d) of Section 727.4, then the probation officer shall immediately conduct, but not later than 30 days after the child has been detained, an investigation in order to identify and locate all grandparents, adult siblings, and other relatives of the child, as defined in paragraph (2) of subdivision (f) of Section 319, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined in Section 224.1. 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. The probation officer shall provide to all adult relatives who are located, except when that relatives history of family or domestic violence makes notification inappropriate, within 30 days of the date on which the child is detained, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
(A)The child has been removed from the custody of the childs parent or parents, or guardians.
(B)An explanation of the various options to participate in the care and placement of the child and support for the childs family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child, how to become a foster family home, approved relative or nonrelative extended family member, as defined in Section 362.7, or resource family home, and additional services and support that are available in out-of-home placements. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), adoption and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. When oral notification is provided, the probation officer is not required to provide detailed information about the various options to help with the care and placement of the child.
(3)(A)The probation officer shall use due diligence in investigating the names and locations of the relatives, including any parent and alleged parent, pursuant to paragraph (2), including, but not limited to, asking the child in an age-appropriate manner about any parent, alleged parent, and relatives important to the child, consistent with the childs best interest, and obtaining information regarding the location of the childs parents, alleged parents, and adult relatives. Each county probation department shall do both of the following:
(i)Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify themselves to the county probation department and be provided with the notices required by paragraphs (1) and (2).
(ii)Notify the State Department of Social Services, on or before January 1, 2024, in an email or other correspondence, whether it has adopted one of the suggested practices for family finding described in All-County Letter 18-42 and, generally, whether the practice has been implemented through training, memoranda, manuals, or comparable documents. If a county probation department has not adopted one of the suggested practices for family finding described in All-County Letter 18-42, the county probation department shall provide a copy to the State Department of Social Services of its existing family finding policies and practices, as reflected in memoranda, handbooks, manuals, training manuals, or any other document, that are in existence prior to January 1, 2022.
(B)The due diligence required under subparagraph (A) shall include family finding. For purposes of this section, family finding means conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, family finding also includes contacting the Indian childs tribe to identify relatives and kin.
(C)The probation officer shall document their efforts, and in the case of an Indian child, the active efforts as defined by subdivision (f) of Section 224.1, and results of those efforts by the probation officer to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
(4)To the extent allowed by federal law as a condition of receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), if the probation officer did not conduct the identification and notification of relatives, as required in paragraph (2), but the court orders foster care placement, the probation officer shall conduct the investigation to find and notify relatives within 30 days of the placement order. Nothing in this section shall be construed to delay foster care placement for an individual child.
SEC. 7.(a)Section 2.1 of this bill incorporates amendments to Section 319 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 81. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 319 of the Welfare and Institutions Code, and (3) Senate Bill 578 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 81, in which case Section 319 of the Welfare and Institutions Code, as amended by Assembly Bill 81, shall remain operative only until the operative date of this bill, at which time Section 2.1 of this bill shall become operative, and Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b)Section 2.2 of this bill incorporates amendments to Section 319 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 578. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 319 of the Welfare and Institutions Code, (3) Assembly Bill 81 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 578 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative.
(c)Section 2.3 of this bill incorporates amendments to Section 319 of the Welfare and Institutions Code proposed by this bill, Assembly Bill 81, and Senate Bill 578. That section shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2024, (2) all three bills amend Section 319 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 81 and Senate Bill 578, in which case Section 319 of the Welfare and Institutions Code, as amended by Assembly Bill 81, shall remain operative only until the operative date of this bill, at which time Section 2.3 of this bill shall become operative, and Sections 2, 2.1, and 2.2 of this bill shall not become operative.
SEC. 8.To the extent that this act has an overall effect of increasing certain 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Upon delivery to the social worker of a child who has been taken into temporary custody under this article, the social worker shall immediately investigate the circumstances of the child and the facts surrounding the childs being taken into custody and attempt to maintain the child with the childs family through the provision of services. The social worker shall immediately release the child to the custody of the childs parent, guardian, Indian custodian, or relative, regardless of the parents, guardians, Indian custodians, or relatives immigration status, unless one or more of the following conditions exist:
(1)The child has no parent, guardian, Indian custodian, or relative willing to provide care for the child.
(2)Continued detention of the child is a matter of immediate and urgent necessity for the protection of the child and there are no reasonable means by which the child can be protected in their home or the home of a relative.
(3)If it is known or there is reason to know the child is an Indian child, the child has been physically removed from the custody of a parent or parents or an Indian custodian, continued detention of the child continues to be necessary to prevent imminent physical damage or harm to the child, and there are no reasonable means by which the child can be protected if maintained in the physical custody of their parent or parents or Indian custodian.
(4)There is substantial evidence that a parent, guardian, or Indian custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
(5)The child has left a placement in which the child was placed by the juvenile court.
(6)The parent or other person having lawful custody of the child voluntarily surrendered physical custody of the child pursuant to Section 1255.7 of the Health and Safety Code and did not reclaim the child within the 14-day period specified in subdivision (g) of that section.
(b)In any case in which there is reasonable cause for believing that a child who is under the care of a physician and surgeon or a hospital, clinic, or other medical facility, cannot be immediately moved, and is a person described in Section 300, the child shall be deemed to have been taken into temporary custody and delivered to the social worker for the purposes of this chapter while the child is at the office of the physician and surgeon or the medical facility.
(c)If the child is not released to their parent or guardian, the child shall be deemed detained for purposes of this chapter.
(d)(1)If a relative, as defined in Section 319, an extended family member of an Indian child, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, is available and requests emergency placement of the child pending the detention hearing, or after the detention hearing and pending the dispositional hearing conducted pursuant to Section 358, the county welfare department shall initiate an assessment of the relatives or nonrelative extended family members suitability for emergency placement pursuant to Section 361.4.
(2)Upon completion of the assessment pursuant to Section 361.4, the child may be placed in the home on an emergency basis. Following the emergency placement of the child, the county welfare department shall evaluate and approve or deny the home pursuant to Section 16519.5. If the home in which the Indian child is placed is licensed or approved by the childs tribe, the provisions of Section 16519.5 do not apply for further approval. The county shall require the relative or nonrelative extended family member to submit an application for approval as a resource family and initiate the home environment assessment no later than five business days after the placement.
(3)If the sole issue preventing an emergency placement of a child with a relative or nonrelative extended family member is a lack of resources, including, but not limited to, physical items such as cribs and car seats, the agency shall use reasonable efforts to assist the relative or nonrelative extended family member in obtaining the necessary items within existing available resources. The department shall work with counties and stakeholders to issue guidance regarding reasonable efforts requirements.
(e)(1)If the child is removed, the social worker shall immediately conduct, but no later than 30 days after the child has been removed, an investigation in order to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling, adult siblings, other adult relatives of the child, as defined in paragraph (2) of subdivision (h) of Section 319, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). 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. The social worker shall provide to all adult relatives who are located, except when that relatives history of family or domestic violence makes notification inappropriate, within 30 days of removal of the child, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
(A)The child has been removed from the custody of their parent or parents, guardian or guardians, or Indian custodian.
(B)An explanation of the various options to participate in the care and placement of the child and support for the childs family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a resource family, and additional services and support that are available in out-of-home placements, and, if it is known or there is reason to know the child is an Indian child, the option of obtaining approval for placement through the tribes license or approval procedure. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), adoption, and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. The State Department of Social Services, in consultation with the County Welfare Directors Association of California and other interested stakeholders, shall develop the written notice.
(2)The social worker shall also provide the adult relatives notified pursuant to paragraph (1) with a relative information form to provide information to the social worker and the court regarding the needs of the child. The form shall include a provision whereby the relative may request the permission of the court to address the court, if the relative so chooses. The Judicial Council, in consultation with the State Department of Social Services and the County Welfare Directors Association of California, shall develop the form.
(3)(A)The social worker shall use due diligence in investigating the names and locations of the relatives, as well as any parent and alleged parent, pursuant to paragraph (1), including, but not limited to, asking the child in an age-appropriate manner about any parent, alleged parent, and relatives important to the child, consistent with the childs best interest, and obtaining information regarding the location of the childs parents, alleged parents, and adult relatives. Each county welfare department shall do both of the following:
(i)Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify themselves to the county welfare department and the county welfare department shall provide parents and relatives with the notices required by paragraphs (1) and (2).
(ii)Notify the State Department of Social Services, on or before January 1, 2024, in an email or other correspondence, whether it has adopted one of the suggested practices for family finding described in All-County Letter 18-42 and, generally, whether the practice has been implemented through training, memoranda, manuals, or comparable documents. If a county welfare department has not adopted one of the suggested practices for family finding described in All-County Letter 18-42, the county welfare department shall provide a copy to the State Department of Social Services of its existing family finding policies and practices, as reflected in memoranda, handbooks, manuals, training manuals, or any other document, that are in existence prior to January 1, 2022.
(B)The due diligence required under subparagraph (A) shall include family finding. For purposes of this section, family finding means conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, family finding also includes contacting the Indian childs tribe to identify relatives and kin.
SEC. 2.Section 319 of the Welfare and Institutions Code is amended to read:319.(a)At the initial petition hearing, the court shall examine the childs parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence as the child, the childs parents or guardians, the childs Indian custodian, the petitioner, the Indian childs tribe, or their counsel desires to present. The court may examine the child, as provided in Section 350.
(b)The social worker shall report to the court on the reasons why the child has been removed from the parents, guardians, or Indian custodians physical custody, custody; the need, if any, for continued detention; and the available services and the referral methods to those services that could facilitate the return of the child to the custody of the childs parents, guardians, or Indian custodian; and shall document their efforts, and in the case of an Indian child, the active efforts efforts, as defined in subdivision (f) of Section 224.1, and results of those efforts by the social worker to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin. If it is known or there is reason to know the child is an Indian child, the report shall also include all of the following:
(1)A statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent the imminent physical damage or harm to the child.
(2)The steps taken to provide notice to the childs parents, custodians, and tribe about the hearing pursuant to this section.
(3)If the childs parents and Indian custodians are unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the appropriate Bureau of Indian Affairs regional director.
(4)The residence and the domicile of the Indian child.
(5)If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village.
(6)The tribal affiliation of the child and of the parents or Indian custodians.
(7)A specific and detailed account of the circumstances that caused the Indian child to be taken into temporary custody.
(8)If the child is believed to reside or be domiciled on a reservation in which the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts that have been made and that are being made to contact the tribe and transfer the child to the tribes jurisdiction.
(9)A statement of the efforts that have been taken to assist the parents or Indian custodians so the Indian child may safely be returned to their custody.
(c)The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parents or guardians home is contrary to the childs welfare, and any of the following circumstances exist:
(1)There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the childs physical or emotional health may be protected without removing the child from the parents or guardians physical custody.
(2)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
(3)The child has left a placement in which the child was placed by the juvenile court.
(4)The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home.
(d)If the court knows or there is reason to know the child is an Indian child, the court may only detain the Indian child if it also finds that detention is necessary to prevent imminent physical damage or harm. The court shall state on the record the facts supporting this finding.
(e)(1)If the hearing pursuant to this section is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parents or guardians home is contrary to the childs welfare at the initial petition hearing or order the release of the child from custody.
(2)If the court knows or has reason to know the child is an Indian child, the hearing pursuant to this section may not be continued beyond 30 days unless the court finds all of the following:
(A)Restoring the child to the parent, parents, or Indian custodian would subject the child to imminent physical damage or harm.
(B)The court is unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe.
(C)It is not possible to initiate an Indian child custody proceeding as defined in Section 224.1.
(f)(1)The court shall also make a determination on the record, referencing the social workers report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from their home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be considered for purposes of making this determination are case management, counseling, emergency shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3 of, Chapter 1 (commencing with Section 17000) of Part 5 of, and Chapter 10 (commencing with Section 18900) of Part 6 of, Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention.
(2)If the court knows or has reason to know the child is an Indian child, the court shall also determine whether the county welfare department made active efforts to provide remedial services and rehabilitation programs designed to prevent the breakup of the Indian family. The court shall order the county welfare department to initiate or continue services or programs pending disposition pursuant to Section 358.
(3)If the child can be returned to the custody of their parent, guardian, or Indian custodian through the provision of those services, the court shall place the child with their parent, guardian, or Indian custodian and order that the services shall be provided. If the child cannot be returned to the physical custody of their parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to Section 361.4.
(4)In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of their parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of their parent would pose a substantial danger or would not pose a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child.
(g)If a court orders a child detained, the court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social workers report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the childs welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and their family, if appropriate.
(h)(1)(A)If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days:
(i)The home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, that has been assessed pursuant to Section 361.4.
(ii)The approved home of a resource family, as defined in Section 16519.5, or a home licensed or approved by the Indian childs tribe.
(iii)An emergency shelter or other suitable licensed place.
(iv)A place exempt from licensure designated by the juvenile court.
(B)A youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(C)If the court knows or has reason to know that the child is an Indian child, the Indian child shall be detained in a home that complies with the placement preferences set forth in Section 361.31 and in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), unless the court finds good cause exists pursuant to Section 361.31 not to follow the placement preferences. If the court finds good cause not to follow the placement preferences for detention, this finding does not affect the requirement that a diligent search be made for a subsequent placement within the placement preferences.
(2)Relatives shall be given preferential consideration for placement of the child. As used in this section, relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(3)When placing in the home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978, or nonrelative extended family member, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative, extended family member, or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, before ordering that the child be placed with a relative or nonrelative extended family member. The court may authorize the placement of a child on a temporary basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment pursuant to Section 361.3 of any relative to be considered for continuing placement.
(i)In the case of an Indian child, any order detaining the child pursuant to this section shall be considered an emergency removal within the meaning of Section 1922 of the federal Indian Child Welfare Act of 1978. The emergency proceeding shall terminate if the child is returned to the custody of the parent, parents, or Indian custodian, the child has been transferred to the custody and jurisdiction of the childs tribe, or the agency or another party to the proceeding recommends that the child be removed from the physical custody of their parent or parents or Indian custodian pursuant to Section 361 or 361.2.
(j)(1)At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:
(A)The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child.
(B)The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking.
(C)The childs educational and developmental services needs cannot be met without the temporary appointment of a responsible adult.
(2)If the court limits the parents educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the childs educational representative before appointing an educational representative or surrogate who is not known to the child.
(3)If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the courts decision shall be consistent with the childs individual program plan and pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services decisions for the child.
(4)A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of disposition orders, additional needed limitation on the parents or guardians educational or developmental services rights shall be addressed pursuant to Section 361.
(5)This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures, as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.
(6)If the court appoints a developmental services decisionmaker pursuant to this section, the developmental services decisionmaker shall have the authority to access the childs information and records pursuant to subdivision (u) of Section 4514 and paragraph (23) of subdivision (a) of Section 5328, and to act on the childs behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order.
(k)For a placement made on or after October 1, 2021, each temporary placement of the child pursuant to subdivision (h) in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
(l)For a placement made on or after July 1, 2022, each temporary placement of the child pursuant to subdivision (h) in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
SEC. 2.1.Section 319 of the Welfare and Institutions Code is amended to read:319.(a)At the initial petition hearing, the court shall examine the childs parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence as the child, the childs parents or guardians, the childs Indian custodian, the petitioner, the Indian childs tribe, or their counsel desires to present. The court may examine the child, as provided in Section 350.
(b)The social worker shall report to the court on the reasons why the child has been removed from the parents, guardians, or Indian custodians physical custody, custody; the need, if any, for continued detention, detention; and the available services and the referral methods to those services that could facilitate the return of the child to the custody of the childs parents, guardians, or Indian custodian, and whether there are any relatives who are able and willing to take temporary physical custody of the child. custodian; and shall document their efforts, and in the case of an Indian child, the active efforts, as defined in subdivision (f) of Section 224.1, and results of those efforts by the social worker to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin. If it is known or there is reason to know the child is an Indian child, the report shall also include all of the following:
(1)A statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent the imminent physical damage or harm to the child.
(2)The steps taken to provide notice to the childs parents, custodians, and tribe about the hearing pursuant to this section.
(3)If the childs parents and Indian custodians are unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the appropriate Bureau of Indian Affairs regional director.
(4)The residence and the domicile of the Indian child.
(5)If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village.
(6)The tribal affiliation of the child and of the parents or Indian custodians.
(7)A specific and detailed account of the circumstances that caused the Indian child to be taken into temporary custody.
(8)If the child is believed to reside or be domiciled on a reservation in which the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts that have been made and that are being made to contact the tribe and transfer the child to the tribes jurisdiction.
(9)A statement of the efforts that have been taken to assist the parents or Indian custodians so the Indian child may safely be returned to their custody.
(c)The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parents or guardians home is contrary to the childs welfare, and any of the following circumstances exist:
(1)There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the childs physical or emotional health may be protected without removing the child from the parents or guardians physical custody.
(2)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
(3)The child has left a placement in which the child was placed by the juvenile court.
(4)The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home.
(d)If the court knows or there is reason to know the child is an Indian child, the court may only detain the Indian child if it also finds that detention is necessary to prevent imminent physical damage or harm. The court shall state on the record the facts supporting this finding.
(e)(1)If the hearing pursuant to this section is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parents or guardians home is contrary to the childs welfare at the initial petition hearing or order the release of the child from custody.
(2)If the court knows or has reason to know the child is an Indian child, the hearing pursuant to this section may not be continued beyond 30 days unless the court finds all of the following:
(A)Restoring the child to the parent, parents, or Indian custodian would subject the child to imminent physical damage or harm.
(B)The court is unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe.
(C)It is not possible to initiate an Indian child custody proceeding as defined in Section 224.1.
(f)(1)The court shall also make a determination on the record, referencing the social workers report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from their home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be considered for purposes of making this determination are case management, counseling, emergency shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3 of, Chapter 1 (commencing with Section 17000) of Part 5 of, and Chapter 10 (commencing with Section 18900) of Part 6 of, Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention.
(2)If the court knows or has reason to know the child is an Indian child, the court shall also determine whether the county welfare department made active efforts to provide remedial services and rehabilitation programs designed to prevent the breakup of the Indian family. The court shall order the county welfare department to initiate or continue services or programs pending disposition pursuant to Section 358.
(3)If the child can be returned to the custody of their parent, guardian, or Indian custodian through the provision of those services, the court shall place the child with their parent, guardian, or Indian custodian and order that the services shall be provided. If the child cannot be returned to the physical custody of their parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to Section 361.4.
(4)In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of their parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of their parent would pose a substantial danger or would not pose a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child.
(g)If a court orders a child detained, the court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social workers report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the childs welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and their family, if appropriate.
(h)(1)(A)If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days:
(i)The home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, that has been assessed pursuant to Section 361.4.
(ii)The approved home of a resource family, as defined in Section 16519.5, or a home licensed or approved by the Indian childs tribe.
(iii)An emergency shelter or other suitable licensed place.
(iv)A place exempt from licensure designated by the juvenile court.
(B)A youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(C)If the court knows or has reason to know that the child is an Indian child, the Indian child shall be detained in a home that complies with the placement preferences set forth in Section 361.31 and in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), unless the court finds good cause exists pursuant to Section 361.31 not to follow the placement preferences. If the court finds good cause not to follow the placement preferences for detention, this finding does not affect the requirement that a diligent search be made for a subsequent placement within the placement preferences.
(2)Relatives shall be given preferential consideration for placement of the child. As used in this section, relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(3)When placing in the home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978, or nonrelative extended family member, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative, extended family member, or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, before ordering that the child be placed with a relative or nonrelative extended family member. The court may authorize the placement of a child on a temporary basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment pursuant to Section 361.3 of any relative to be considered for continuing placement.
(i)In the case of an Indian child, any order detaining the child pursuant to this section shall be considered an emergency removal within the meaning of Section 224.1 of this code, and as described in subdivision (g) of Section 305.5, and Section 1922 of the federal Indian Child Welfare Act of 1978. The emergency proceeding shall terminate if the child is returned to the custody of the parent, parents, or Indian custodian, the child has been transferred to the custody and jurisdiction of the childs tribe, or the agency or another party to the proceeding recommends that the child be removed from the physical custody of their parent or parents or Indian custodian pursuant to Section 361 or 361.2.
(j)(1)At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:
(A)The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child.
(B)The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking.
(C)The childs educational and developmental services needs cannot be met without the temporary appointment of a responsible adult.
(2)If the court limits the parents educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the childs educational representative before appointing an educational representative or surrogate who is not known to the child.
(3)If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the courts decision shall be consistent with the childs individual program plan and pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services decisions for the child.
(4)A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of disposition orders, additional needed limitation on the parents or guardians educational or developmental services rights shall be addressed pursuant to Section 361.
(5)This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures, as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.
(6)If the court appoints a developmental services decisionmaker pursuant to this section, the developmental services decisionmaker shall have the authority to access the childs information and records pursuant to subdivision (u) of Section 4514 and paragraph (23) of subdivision (a) of Section 5328, and to act on the childs behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order.
(k)For a placement made on or after October 1, 2021, each temporary placement of the child pursuant to subdivision (h) in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
(l)For a placement made on or after July 1, 2022, each temporary placement of the child pursuant to subdivision (h) in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
SEC. 2.2.Section 319 of the Welfare and Institutions Code is amended to read:319.(a)At the initial petition hearing, the court shall review the report described in subdivision (b) and examine the childs parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence as the child, the childs parents or guardians, the childs Indian custodian, the petitioner, the Indian childs tribe, or their counsel desires to present. The court may examine the child, as provided in Section 350.
(b)The social worker shall report to the court on the reasons why the child has been removed from the parents, guardians, or Indian custodians physical custody, custody; the need, if any, for continued detention, detention; and the available services and the referral methods to those services that could facilitate the return of the child to the custody of the childs parents, guardians, or Indian custodian, and whether there are any relatives who are able and willing to take temporary physical custody of the child. custodian; and shall document their efforts, and in the case of an Indian child, the active efforts, as defined in subdivision (f) of Section 224.1, and results of those efforts by the social worker to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin. The report shall also include information regarding any short-term or long-term harms, or both short-term and long-term harms, to the child that may result from their removal from the custody of their parent, guardian, or Indian custodian, including, but not limited to, the information specified in subparagraph (A) of paragraph (2) of subdivision (c), the placement options, including an assessment of the least disruptive alternatives to returning the child to the custody of their parent, guardian, or Indian custodian, including compliance with the placement preferences set forth in Section 361.31 in the case of an Indian child, and measures that may be available to alleviate disruption and minimize the harms of removal. If it is known or there is reason to know the child is an Indian child, the report shall also include all of the following:
(1)A statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent the imminent physical damage or harm to the child.
(2)The steps taken to provide notice to the childs parents, custodians, and tribe about the hearing pursuant to this section.
(3)If the childs parents and Indian custodians are unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the appropriate Bureau of Indian Affairs regional director.
(4)The residence and the domicile of the Indian child.
(5)If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village.
(6)The tribal affiliation of the child and of the parents or Indian custodians.
(7)A specific and detailed account of the circumstances that caused the Indian child to be taken into temporary custody.
(8)If the child is believed to reside or be domiciled on a reservation in which the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts that have been made and that are being made to contact the tribe and transfer the child to the tribes jurisdiction.
(9)A statement of the efforts that have been taken to assist the parents or Indian custodians so the Indian child may safely be returned to their custody.
(10)The steps taken to consult and collaborate with the tribe and the outcome of that consultation and collaboration.
(c)(1)The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parents or guardians home is contrary to the childs welfare, and any of the following circumstances exist:
(1)(A)There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the childs physical or emotional health may be protected without removing the child from the parents or guardians physical custody.
(2)(B)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
(3)(C)The child has left a placement in which the child was placed by the juvenile court.
(4)(D)The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home.
(2)(A)The court shall determine whether less disruptive alternatives to removal were considered by the agency, such as factors related to the impact of removal on the child, including, but not limited to, the following:
(i)A description of the relationship between the child and their parents, guardians, or Indian custodians, based on the childs perspective, and the childs response to removal and, where developmentally appropriate, their perspective on removal.
(ii)The relationship between the child and any siblings.
(iii)The relationship between the child and other members of the household.
(iv)Any disruption to the childs schooling, social relationships, and physical or emotional health that may result from placement out of the home, and in the case of an Indian child, any impact on the childs connection to their tribe, extended family members, and tribal community.
(B)If the court finds that removal is necessary under paragraph (1), the court shall, in a written order or on the record, set forth all of the following:
(i)The basis for its findings and the evidence relied on.
(ii)Its determination regarding the childs placement, including whether it complies with the placement preferences set forth in Section 361.31 and less disruptive alternatives.
(iii)Include any orders necessary to alleviate any disruption or harm to the child resulting from removal.
(C)Nothing in this paragraph permits a child to be released to a parent, legal guardian, or Indian custodian, or to be placed in an unsafe placement, due solely to the court determining the child was not offered less disruptive alternatives.
(d)If the court knows or there is reason to know the child is an Indian child, the court may only detain the Indian child if it also finds that detention is necessary to prevent imminent physical damage or harm. The court shall state on the record the facts supporting this finding.
(e)(1)If the hearing pursuant to this section is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parents or guardians home is contrary to the childs welfare at the initial petition hearing or order the release of the child from custody.
(2)If the court knows or has reason to know the child is an Indian child, the hearing pursuant to this section may not be continued beyond 30 days unless the court finds all of the following:
(A)Restoring the child to the parent, parents, or Indian custodian would subject the child to imminent physical damage or harm.
(B)The court is unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe.
(C)It is not possible to initiate an Indian child custody proceeding as defined in Section 224.1.
(f)(1)The court shall also make a determination on the record, referencing the social workers report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from their home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be considered for purposes of making this determination are case management, counseling, emergency shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3 of, Chapter 1 (commencing with Section 17000) of Part 5 of, and Chapter 10 (commencing with Section 18900) of Part 6 of, Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention. This determination shall apply to each child individually, and the considerations shall be tailored to the individual child.
(2)If the court knows or has reason to know the child is an Indian child, the court shall also determine whether the county welfare department made active efforts to provide remedial services and rehabilitation programs designed to prevent the breakup of the Indian family. The court shall order the county welfare department to initiate or continue services or programs pending disposition pursuant to Section 358.
(3)If the child can be returned to the custody of their parent, guardian, or Indian custodian through the provision of those services, the court shall place the child with their parent, guardian, or Indian custodian and order that the services shall be provided. If the child cannot be returned to the physical custody of their parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to Section 361.4.
(4)In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of their parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of their parent would pose a substantial danger or would not pose a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child.
(g)If a court orders a child detained, the court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social workers report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the childs welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and their family, if appropriate.
(h)(1)(A)If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days:
(i)The home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, that has been assessed pursuant to Section 361.4.
(ii)The approved home of a resource family, as defined described in Section 16519.5, or a home licensed or approved by the Indian childs tribe.
(iii)An emergency shelter or other suitable licensed place.
(iv)A place exempt from licensure designated by the juvenile court.
(B)A youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(C)If the court knows or has reason to know that the child is an Indian child, the Indian child shall be detained in a home that complies with the placement preferences set forth in Section 361.31 and in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), unless the court finds good cause exists pursuant to Section 361.31 not to follow the placement preferences. If the court finds good cause not to follow the placement preferences for detention, this finding does not affect the requirement that a diligent search be made for a subsequent placement within the placement preferences.
(2)Relatives shall be given preferential consideration for placement of the child. As used in this section, relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(3)When placing in the home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978, or nonrelative extended family member, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative, extended family member, or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, before ordering that the child be placed with a relative or nonrelative extended family member. The court may authorize the placement of a child on a temporary basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment pursuant to Section 361.3 of any relative to be considered for continuing placement.
(i)In the case of an Indian child, any order detaining the child pursuant to this section shall be considered an emergency removal within the meaning of Section 1922 of the federal Indian Child Welfare Act of 1978. The emergency proceeding shall terminate if the child is returned to the custody of the parent, parents, or Indian custodian, the child has been transferred to the custody and jurisdiction of the childs tribe, or the agency or another party to the proceeding recommends that the child be removed from the physical custody of their parent or parents or Indian custodian pursuant to Section 361 or 361.2.
(j)(1)At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:
(A)The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child.
(B)The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking.
(C)The childs educational and developmental services needs cannot be met without the temporary appointment of a responsible adult.
(2)If the court limits the parents educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the childs educational representative before appointing an educational representative or surrogate who is not known to the child.
(3)If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the courts decision shall be consistent with the childs individual program plan and pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services decisions for the child.
(4)A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of disposition orders, additional needed limitation on the parents or guardians educational or developmental services rights shall be addressed pursuant to Section 361.
(5)This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures, as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.
(6)If the court appoints a developmental services decisionmaker pursuant to this section, the developmental services decisionmaker shall have the authority to access the childs information and records pursuant to subdivision (u) of Section 4514 and paragraph (23) of subdivision (a) of Section 5328, and to act on the childs behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order.
(k)For a placement made on or after October 1, 2021, each temporary placement of the child pursuant to subdivision (h) in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
(l)For a placement made on or after July 1, 2022, each temporary placement of the child pursuant to subdivision (h) in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
SEC. 2.3.Section 319 of the Welfare and Institutions Code is amended to read:319.(a)At the initial petition hearing, the court shall review the report described in subdivision (b) and examine the childs parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence as the child, the childs parents or guardians, the childs Indian custodian, the petitioner, the Indian childs tribe, or their counsel desires to present. The court may examine the child, as provided in Section 350.
(b)The social worker shall report to the court on the reasons why the child has been removed from the parents, guardians, or Indian custodians physical custody, custody; the need, if any, for continued detention, detention; and the available services and the referral methods to those services that could facilitate the return of the child to the custody of the childs parents, guardians, or Indian custodian, and whether there are any relatives who are able and willing to take temporary physical custody of the child. custodian; and shall document their efforts, and in the case of an Indian child, the active efforts, as defined in subdivision (f) of Section 224.1, and results of those efforts by the social worker to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin. The report shall also include information regarding any short-term or long-term harms, or both short-term and long-term harms, to the child that may result from their removal from the custody of their parent, guardian, or Indian custodian, including, but not limited to, the information specified in subparagraph (A) of paragraph (2) of subdivision (c), the placement options, including an assessment of the least disruptive alternatives to returning the child to the custody of their parent, guardian, or Indian custodian, including compliance with the placement preferences set forth in Section 361.31 in the case of an Indian child, and measures that may be available to alleviate disruption and minimize the harms of removal. If it is known or there is reason to know the child is an Indian child, the report shall also include all of the following:
(1)A statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent the imminent physical damage or harm to the child.
(2)The steps taken to provide notice to the childs parents, custodians, and tribe about the hearing pursuant to this section.
(3)If the childs parents and Indian custodians are unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the appropriate Bureau of Indian Affairs regional director.
(4)The residence and the domicile of the Indian child.
(5)If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village.
(6)The tribal affiliation of the child and of the parents or Indian custodians.
(7)A specific and detailed account of the circumstances that caused the Indian child to be taken into temporary custody.
(8)If the child is believed to reside or be domiciled on a reservation in which the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts that have been made and that are being made to contact the tribe and transfer the child to the tribes jurisdiction.
(9)A statement of the efforts that have been taken to assist the parents or Indian custodians so the Indian child may safely be returned to their custody.
(10)The steps taken to consult and collaborate with the tribe and the outcome of that consultation and collaboration.
(c)(1)The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parents or guardians home is contrary to the childs welfare, and any of the following circumstances exist:
(1)(A)There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the childs physical or emotional health may be protected without removing the child from the parents or guardians physical custody.
(2)(B)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
(3)(C)The child has left a placement in which the child was placed by the juvenile court.
(4)(D)The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home.
(2)(A)The court shall determine whether less disruptive alternatives to removal were considered by the agency, such as factors related to the impact of removal on the child, including, but not limited to, the following:
(i)A description of the relationship between the child and their parents, guardians, or Indian custodians, based on the childs perspective, and the childs response to removal and, where developmentally appropriate, their perspective on removal.
(ii)The relationship between the child and any siblings.
(iii)The relationship between the child and other members of the household.
(iv)Any disruption to the childs schooling, social relationships, and physical or emotional health that may result from placement out of the home, and in the case of an Indian child, any impact on the childs connection to their tribe, extended family members, and tribal community.
(B)If the court finds that removal is necessary under paragraph (1), the court shall, in a written order or on the record, set forth all of the following:
(i)The basis for its findings and the evidence relied on.
(ii)Its determination regarding the childs placement, including whether it complies with the placement preferences set forth in Section 361.31 and less disruptive alternatives.
(iii)Include any orders necessary to alleviate any disruption or harm to the child resulting from removal.
(C)Nothing in this paragraph permits a child to be released to a parent, legal guardian, or Indian custodian, or to be placed in an unsafe placement, due solely to the court determining the child was not offered less disruptive alternatives.
(d)If the court knows or there is reason to know the child is an Indian child, the court may only detain the Indian child if it also finds that detention is necessary to prevent imminent physical damage or harm. The court shall state on the record the facts supporting this finding.
(e)(1)If the hearing pursuant to this section is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parents or guardians home is contrary to the childs welfare at the initial petition hearing or order the release of the child from custody.
(2)If the court knows or has reason to know the child is an Indian child, the hearing pursuant to this section may not be continued beyond 30 days unless the court finds all of the following:
(A)Restoring the child to the parent, parents, or Indian custodian would subject the child to imminent physical damage or harm.
(B)The court is unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe.
(C)It is not possible to initiate an Indian child custody proceeding as defined in Section 224.1.
(f)(1)The court shall also make a determination on the record, referencing the social workers report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from their home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be considered for purposes of making this determination are case management, counseling, emergency shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3 of, Chapter 1 (commencing with Section 17000) of Part 5 of, and Chapter 10 (commencing with Section 18900) of Part 6 of, Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention. This determination shall apply to each child individually, and the considerations shall be tailored to the individual child.
(2)If the court knows or has reason to know the child is an Indian child, the court shall also determine whether the county welfare department made active efforts to provide remedial services and rehabilitation programs designed to prevent the breakup of the Indian family. The court shall order the county welfare department to initiate or continue services or programs pending disposition pursuant to Section 358.
(3)If the child can be returned to the custody of their parent, guardian, or Indian custodian through the provision of those services, the court shall place the child with their parent, guardian, or Indian custodian and order that the services shall be provided. If the child cannot be returned to the physical custody of their parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to Section 361.4.
(4)In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of their parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of their parent would pose a substantial danger or would not pose a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child.
(g)If a court orders a child detained, the court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social workers report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the childs welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and their family, if appropriate.
(h)(1)(A)If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days:
(i)The home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, that has been assessed pursuant to Section 361.4.
(ii)The approved home of a resource family, as defined described in Section 16519.5, or a home licensed or approved by the Indian childs tribe.
(iii)An emergency shelter or other suitable licensed place.
(iv)A place exempt from licensure designated by the juvenile court.
(B)A youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(C)If the court knows or has reason to know that the child is an Indian child, the Indian child shall be detained in a home that complies with the placement preferences set forth in Section 361.31 and in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), unless the court finds good cause exists pursuant to Section 361.31 not to follow the placement preferences. If the court finds good cause not to follow the placement preferences for detention, this finding does not affect the requirement that a diligent search be made for a subsequent placement within the placement preferences.
(2)Relatives shall be given preferential consideration for placement of the child. As used in this section, relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(3)When placing in the home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978, or nonrelative extended family member, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative, extended family member, or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, before ordering that the child be placed with a relative or nonrelative extended family member. The court may authorize the placement of a child on a temporary basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment pursuant to Section 361.3 of any relative to be considered for continuing placement.
(i)In the case of an Indian child, any order detaining the child pursuant to this section shall be considered an emergency removal within the meaning of Section 224.1 of this code, and as described in subdivision (g) of Section 305.5, and Section 1922 of the federal Indian Child Welfare Act of 1978. The emergency proceeding shall terminate if the child is returned to the custody of the parent, parents, or Indian custodian, the child has been transferred to the custody and jurisdiction of the childs tribe, or the agency or another party to the proceeding recommends that the child be removed from the physical custody of their parent or parents or Indian custodian pursuant to Section 361 or 361.2.
(j)(1)At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:
(A)The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child.
(B)The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking.
(C)The childs educational and developmental services needs cannot be met without the temporary appointment of a responsible adult.
(2)If the court limits the parents educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the childs educational representative before appointing an educational representative or surrogate who is not known to the child.
(3)If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the courts decision shall be consistent with the childs individual program plan and pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services decisions for the child.
(4)A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of disposition orders, additional needed limitation on the parents or guardians educational or developmental services rights shall be addressed pursuant to Section 361.
(5)This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures, as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.
(6)If the court appoints a developmental services decisionmaker pursuant to this section, the developmental services decisionmaker shall have the authority to access the childs information and records pursuant to subdivision (u) of Section 4514 and paragraph (23) of subdivision (a) of Section 5328, and to act on the childs behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order.
(k)For a placement made on or after October 1, 2021, each temporary placement of the child pursuant to subdivision (h) in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
(l)For a placement made on or after July 1, 2022, each temporary placement of the child pursuant to subdivision (h) in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
SEC. 3.Section 358.1 of the Welfare and Institutions Code is amended to read:358.1.Each social study or evaluation made by a social worker or child advocate appointed by the court, required to be received in evidence pursuant to Section 358, shall include, but not be limited to, a factual discussion of each of the following subjects:
(a)Whether the county welfare department or social worker has considered either of the following:
(1)Child protective services, as defined in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9, as a possible solution to the problems at hand, and has offered these services to qualified parents if appropriate under the circumstances.
(2)Whether the child can be returned to the custody of the childs parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with the childs parent.
(b)What plan, if any, for return of the child to the childs parents and for achieving legal permanence for the child if efforts to reunify fail, is recommended to the court by the county welfare department or probation officer.
(c)Whether the best interest of the child will be served by granting reasonable visitation rights with the child to the childs grandparents, in order to maintain and strengthen the childs family relationships.
(d)(1)Whether the child has siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and the childs siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(2)The factual discussion shall include a discussion of indicators of the nature of the childs sibling relationships, including, but not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with another sibling, as applicable, and whether ongoing contact is in the childs best emotional interest.
(e)If the parent or guardian is unwilling or unable to participate in making an educational decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational decisions for the child, the county welfare department or social worker shall consider whether the right of the parent or guardian to make educational decisions for the child should be limited. If the study or evaluation makes that recommendation, it shall identify whether there is a responsible adult available to make educational decisions for the child pursuant to Section 361.
(f)Whether the child appears to be a person who is eligible to be considered for further court action to free the child from parental custody and control.
(g)Whether the parent has been advised of the childs option to participate in adoption planning, including the option to enter into a postadoption contact agreement as described in Section 8616.5 of the Family Code, and to voluntarily relinquish the child for adoption if an adoption agency is willing to accept the relinquishment.
(h)The efforts, and in the case of an Indian child, the active efforts as defined by subdivision (f) of Section 224.1, and results of those efforts by the social worker to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
(i)The appropriateness of any relative placement pursuant to Section 361.3. However, this consideration may not be cause for continuance of the dispositional hearing.
(j)Whether the caregiver desires, and is willing, to provide legal permanency for the child if reunification is unsuccessful.
(k)For an Indian child, in consultation with the Indian childs tribe, whether tribal customary adoption is an appropriate permanent plan for the child if reunification is unsuccessful.
(l)On and after the date that the director executes a declaration pursuant to Section 11217, whether the child has been placed in an approved relatives home under a voluntary placement agreement for a period not to exceed 180 days, the parent or guardian is not interested in additional family maintenance or family reunification services, and the relative desires and is willing to be appointed the childs legal guardian.
(m)For a placement made on or after October 1, 2021, if the child has been placed in a short-term residential therapeutic program, the social study shall include the information specified in subdivision (c) of Section 361.22.
(n)For a placement made on or after July 1, 2022, if the child has been placed in a community treatment facility, the social study shall include the information specified in subdivision (c) of Section 361.22.
SEC. 4.Section 366 of the Welfare and Institutions Code is amended to read:366.(a)(1)The status of every dependent child in foster care shall be reviewed periodically as determined by the court but no less frequently than once every six months, as calculated from the date of the original dispositional hearing, until the hearing described in Section 366.26 is completed. The court shall consider the safety of the child and shall determine all of the following:
(A)The continuing necessity for and appropriateness of the placement. If the child or nonminor dependent is placed in a short-term residential therapeutic program on or after October 1, 2021, or placed in 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.
(B)For children and nonminor dependents in out-of-home care, whether the social worker has continued efforts, and in the case of an Indian child, the active efforts as defined by subdivision (f) of Section 224.1, to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin and the results of those efforts.
(C)The extent of the agencys compliance with the case plan in making reasonable efforts, or, in the case of a child 16 years of age or older with another planned permanent living arrangement, the ongoing and intensive efforts, to return the child to a safe home and to complete any steps necessary to finalize the permanent placement of the child, including efforts to maintain relationships between a child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer, and individuals other than the childs siblings who are important to the child, consistent with the childs best interests. Where it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, the court shall also determine whether the agency has made active efforts, as defined in Section 224.1 and as described in Section 361.7, to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family.
(D)Whether there should be any limitation on the right of the parent, guardian, or Indian custodian to make educational decisions or developmental services decisions for the child. That limitation shall be specifically addressed in the court order and shall not exceed those necessary to protect the child. Whenever the court specifically limits the right of the parent, guardian, or Indian custodian 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.
(E)(i)Whether the child has other siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(I)The nature of the relationship between the child and the childs siblings.
(II)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(III)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(IV)If the siblings are not placed together, all of the following:
(ia)The frequency and nature of the visits between the siblings.
(ib)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(ic)If there are visits between the siblings, a description of the location and length of the visits.
(id)Any plan to increase visitation between the siblings.
(V)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(VI)The continuing need to suspend sibling interaction, if applicable, pursuant to subdivision (c) of Section 16002.
(ii)The factors the court may consider in making a determination regarding the nature of the childs sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(F)The extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care.
(G)(i)For a child who is 10 years of age or older, is in junior high, middle, or high school, and has been under the jurisdiction of the juvenile court for a year or longer, or a nonminor dependent, whether the social worker or probation officer has verified that the child or nonminor dependent has received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system or has ensured that the child will receive the instruction.
(ii)For a child or nonminor dependent described in clause (i), whether the social worker or probation officer has done all of the following:
(I)Informed the child or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, abortion, and the prevention and treatment of sexually transmitted infections.
(II)Informed the child or nonminor dependent, in an age and developmentally appropriate manner, of the childs right to consent to sexual and reproductive health services and the childs confidentiality rights regarding those services.
(III)Informed the child or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed.
(iii)This subparagraph does not affect any applicable confidentiality law.
(iv)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(H)(i)For a child who is 16 years of age or older or for a nonminor dependent, whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(ii)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(I)If the review hearing is the last review hearing to be held before the child attains 18 years of age, the court shall conduct the hearing pursuant to Section 366.31 or 366.32.
(2)The court shall project a likely date by which the child may be returned to and safely maintained in the home or placed for adoption, tribal customary adoption in the case of an Indian child, legal guardianship, placed with a fit and willing relative, or in another planned permanent living arrangement.
(b)Subsequent to the hearing, periodic reviews of each child in foster care shall be conducted pursuant to the requirements of Sections 366.3 and 16503.
(c)If the child has been placed out of state, each review described in subdivision (a) and any reviews conducted pursuant to Sections 366.3 and 16503 shall also address whether the out-of-state placement continues to be the most appropriate placement selection and in the best interests of the child.
(d)(1)A review described in subdivision (a) and any reviews conducted pursuant to Sections 366.3 and 16503 shall not result in a placement of a child outside the United States prior to a judicial finding that the placement is in the best interest of the child, except as required by federal law or treaty.
(2)The party or agency requesting placement of the child outside the United States shall carry the burden of proof and must show, by clear and convincing evidence, that a placement outside the United States is in the best interest of the child.
(3)In determining the best interest of the child, the court shall consider, but not be limited to, the following factors:
(A)Placement with a relative.
(B)Placement of siblings in the same home.
(C)Amount and nature of any contact between the child and the potential guardian or caretaker.
(D)Physical and medical needs of the dependent child.
(E)Psychological and emotional needs of the dependent child.
(F)Social, cultural, and educational needs of the dependent child.
(G)Specific desires of any dependent child who is 12 years of age or older.
(4)If the court finds that a placement outside the United States is, by clear and convincing evidence, in the best interest of the child, the court may issue an order authorizing the social worker or placing agency to make a placement outside the United States. A child subject to this subdivision shall not leave the United States prior to the issuance of the order described in this paragraph.
(5)For purposes of this subdivision, outside the United States shall not include the lands of any federally recognized American Indian tribe or Alaskan Natives.
(6)This section shall not apply to the placement of a dependent child with a parent.
(e)(1)On and after July 1, 2021, a child shall not be placed or remain in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, unless the placement is ordered or approved pursuant to Section 361.21.
(2)Notwithstanding any other law, on and after July 1, 2022, a child shall not be placed by a county child welfare agency in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, except for placements described in subdivision (h) of Section 7911.1 of the Family Code.
(3)Notwithstanding any other law, a child who is placed in an out-of-state residential facility by a county child welfare agency shall not remain in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, after January 1, 2023.
(f)The status review of every nonminor dependent, as defined in subdivision (v) of Section 11400, shall be conducted pursuant to the requirements of Sections 366.3, 366.31, or 366.32, and 16503 until dependency jurisdiction is terminated pursuant to Section 391.
SEC. 5.Section 366.1 of the Welfare and Institutions Code is amended to read:366.1.Each supplemental report required to be filed pursuant to Section 366 shall include, but not be limited to, a factual discussion of each of the following subjects:
(a)Whether the county welfare department social worker has considered either of the following:
(1)Child protective services, as defined in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9, as a possible solution to the problems at hand, and has offered those services to qualified parents, if appropriate under the circumstances.
(2)Whether the child can be returned to the custody of the childs parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with the childs parent.
(b)What plan, if any, for the return and maintenance of the child in a safe home is recommended to the court by the county welfare department social worker.
(c)Whether the subject child appears to be a person who is eligible to be considered for further court action to free the child from parental custody and control.
(d)What actions, if any, have been taken by the parent to correct the problems that caused the child to be made a dependent child of the court.
(e)If the parent or guardian is unwilling or unable to participate in making an educational decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational decisions for the child, the county welfare department or social worker shall consider whether the right of the parent or guardian to make educational decisions for the child should be limited. If the supplemental report makes that recommendation, the report shall identify whether there is a responsible adult available to make educational decisions for the child pursuant to Section 361.
(f)(1)The health and education of the minor, including a copy of the complete health and education summary, as required under Section 16010, including the name and contact information of the person or persons currently holding the right to make educational decisions for the child.
(2)In instances in which it is determined that disclosure pursuant to paragraph (1) of the contact information of the person or persons currently holding the right to make educational decisions for the child poses a threat to the health and safety of that individual or those individuals, that contact information shall be redacted or withheld from the health and education summary within the supplemental report described in this section.
(g)For a child or nonminor dependent who does not reside with their parents, relatives, or an Indian custodian, the continued, continued efforts, and in the case of an Indian child, the active efforts as defined by subdivision (f) of Section 224.1, that the social worker has made to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin. The social worker shall document the efforts and the results of those efforts.
(h)(1)Whether the child has any siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and the childs siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(2)The factual discussion shall include a discussion of indicators of the nature of the childs sibling relationships, including, but not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(i)(1)For a child who is 10 years of age or older and has been under the jurisdiction of the juvenile court for a year or longer, or a nonminor dependent, either of the following:
(A)For a child in junior high or middle school, either that the child has already received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system while in junior high or middle school or how the county will ensure that the child receives that instruction at least once before completing junior high or middle school if the child remains under the jurisdiction of the juvenile court during that timeframe.
(B)For a child in high school or a nonminor dependent, either that the child has received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system while in high school, or how the county will ensure that the child or nonminor dependent receives that instruction at least once before completing high school if the child remains under the jurisdiction of the juvenile court during that timeframe.
(2)For a child who is 10 years of age or older or a nonminor dependent, whether the social worker or probation officer has done all of the following:
(A)Informed the child or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, abortion, and the prevention and treatment of sexually transmitted infections.
(B)Informed the child or nonminor dependent, in an age and developmentally appropriate manner, of the childs right to consent to sexual and reproductive health services and the childs confidentiality rights regarding those services.
(C)Informed the child or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed.
(3)This subdivision does not affect any applicable confidentiality law.
(4)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subdivision.
(j)(1)For a child who is 16 years of age or older or for a nonminor dependent, whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(2)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subdivision.
(k)Whether a child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer has relationships with individuals other than the childs siblings who are important to the child, consistent with the childs best interests, and actions taken to maintain those relationships. The social worker shall ask every child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer to identify any individuals other than the childs siblings who are important to the child, consistent with the childs best interest. The social worker may ask any other child to provide that information, as appropriate.
(l)The implementation and operation of the amendments to subdivision (j) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
(m)On and after October 1, 2021, for a child whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for a child whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the supplemental report shall include evidence of all of the following:
(1)Ongoing assessment of the strengths and needs of the child that 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 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 628 of the Welfare and Institutions Code is amended to read:628.(a)(1)Upon delivery to the probation officer of a minor who has been taken into temporary custody under the provisions of this article, the probation officer shall immediately investigate the circumstances of the minor and the facts surrounding their being taken into custody and shall immediately release the minor to the custody of their parent, legal guardian, or responsible relative unless it can be demonstrated upon the evidence before the court that continuance in the home is contrary to the minors welfare and one or more of the following conditions exist:
(A)Continued detention of the minor is a matter of immediate and urgent necessity for the protection of the minor or reasonable necessity for the protection of the person or property of another.
(B)The minor is likely to flee the jurisdiction of the court.
(C)The minor has violated an order of the juvenile court.
(2)The probation officers decision to detain a minor who is currently a dependent of the juvenile court pursuant to Section 300 or the subject of a petition to declare the minor a dependent of the juvenile court pursuant to Section 300 and who has been removed from the custody of their parent or guardian by the juvenile court shall not be based on any of the following:
(A)The minors status as a dependent of the juvenile court or as the subject of a petition to declare the minor a dependent of the juvenile court.
(B)A determination that continuance in the minors current placement is contrary to the minors welfare.
(C)The child welfare services departments inability to provide a placement for the minor.
(3)The probation officer shall immediately release a minor described in paragraph (2) to the custody of the child welfare services department or the minors current foster parent or other caregiver unless the probation officer determines that one or more of the conditions in paragraph (1) exist.
(4)This section does not limit a probation officers authority to refer a minor to child welfare services.
(b)If the probation officer has reason to believe that the minor is at risk of entering foster care placement, as defined in paragraphs (1) and (2) of subdivision (d) of Section 727.4, the probation officer shall, as part of the investigation undertaken pursuant to subdivision (a), make reasonable efforts, as described in paragraph (5) of subdivision (d) of Section 727.4, to prevent or eliminate the need for removal of the minor from their home.
(c)In any case in which there is reasonable cause for believing that a minor who is under the care of a physician or surgeon or a hospital, clinic, or other medical facility and cannot be immediately moved is a person described in subdivision (d) of Section 300, the minor shall be deemed to have been taken into temporary custody and delivered to the probation officer for the purposes of this chapter while the minor is at the office of the physician or surgeon or that medical facility.
(d)(1)It is the intent of the Legislature that this subdivision shall comply with paragraph (29) of subsection (a) of Section 671 of Title 42 of the United States Code as added by the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). It is further the intent of the Legislature that the identification and notification of relatives shall be made as early as possible after the removal of a youth who is at risk of entering foster care placement.
(2)If the minor is detained and the probation officer has reason to believe that the minor is at risk of entering foster care placement, as defined in paragraphs (1) and (2) of subdivision (d) of Section 727.4, then the probation officer shall immediately conduct, but not later than 30 days after the child has been detained, an investigation in order to identify and locate all grandparents, adult siblings, and other relatives of the child, as defined in paragraph (2) of subdivision (f) of Section 319, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined in Section 224.1. 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. The probation officer shall provide to all adult relatives who are located, except when that relatives history of family or domestic violence makes notification inappropriate, within 30 days of the date on which the child is detained, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
(A)The child has been removed from the custody of the childs parent or parents, or guardians.
(B)An explanation of the various options to participate in the care and placement of the child and support for the childs family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child, how to become a foster family home, approved relative or nonrelative extended family member, as defined in Section 362.7, or resource family home, and additional services and support that are available in out-of-home placements. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), adoption and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. When oral notification is provided, the probation officer is not required to provide detailed information about the various options to help with the care and placement of the child.
(3)(A)The probation officer shall use due diligence in investigating the names and locations of the relatives, including any parent and alleged parent, pursuant to paragraph (2), including, but not limited to, asking the child in an age-appropriate manner about any parent, alleged parent, and relatives important to the child, consistent with the childs best interest, and obtaining information regarding the location of the childs parents, alleged parents, and adult relatives. Each county probation department shall do both of the following:
(i)Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify themselves to the county probation department and be provided with the notices required by paragraphs (1) and (2).
(ii)Notify the State Department of Social Services, on or before January 1, 2024, in an email or other correspondence, whether it has adopted one of the suggested practices for family finding described in All-County Letter 18-42 and, generally, whether the practice has been implemented through training, memoranda, manuals, or comparable documents. If a county probation department has not adopted one of the suggested practices for family finding described in All-County Letter 18-42, the county probation department shall provide a copy to the State Department of Social Services of its existing family finding policies and practices, as reflected in memoranda, handbooks, manuals, training manuals, or any other document, that are in existence prior to January 1, 2022.
(B)The due diligence required under subparagraph (A) shall include family finding. For purposes of this section, family finding means conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, family finding also includes contacting the Indian childs tribe to identify relatives and kin.
(C)The probation officer shall document their efforts, and in the case of an Indian child, the active efforts as defined by subdivision (f) of Section 224.1, and results of those efforts by the probation officer to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
(4)To the extent allowed by federal law as a condition of receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), if the probation officer did not conduct the identification and notification of relatives, as required in paragraph (2), but the court orders foster care placement, the probation officer shall conduct the investigation to find and notify relatives within 30 days of the placement order. Nothing in this section shall be construed to delay foster care placement for an individual child.
SEC. 7.(a)Section 2.1 of this bill incorporates amendments to Section 319 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 81. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 319 of the Welfare and Institutions Code, and (3) Senate Bill 578 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 81, in which case Section 319 of the Welfare and Institutions Code, as amended by Assembly Bill 81, shall remain operative only until the operative date of this bill, at which time Section 2.1 of this bill shall become operative, and Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b)Section 2.2 of this bill incorporates amendments to Section 319 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 578. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 319 of the Welfare and Institutions Code, (3) Assembly Bill 81 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 578 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative.
(c)Section 2.3 of this bill incorporates amendments to Section 319 of the Welfare and Institutions Code proposed by this bill, Assembly Bill 81, and Senate Bill 578. That section shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2024, (2) all three bills amend Section 319 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 81 and Senate Bill 578, in which case Section 319 of the Welfare and Institutions Code, as amended by Assembly Bill 81, shall remain operative only until the operative date of this bill, at which time Section 2.3 of this bill shall become operative, and Sections 2, 2.1, and 2.2 of this bill shall not become operative.
SEC. 7.SEC. 8.To the extent that this act has an overall effect of increasing certain 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Upon delivery to the social worker of a child who has been taken into temporary custody under this article, the social worker shall immediately investigate the circumstances of the child and the facts surrounding the childs being taken into custody and attempt to maintain the child with the childs family through the provision of services. The social worker shall immediately release the child to the custody of the childs parent, guardian, Indian custodian, or relative, regardless of the parents, guardians, Indian custodians, or relatives immigration status, unless one or more of the following conditions exist:
(1)The child has no parent, guardian, Indian custodian, or relative willing to provide care for the child.
(2)Continued detention of the child is a matter of immediate and urgent necessity for the protection of the child and there are no reasonable means by which the child can be protected in their home or the home of a relative.
(3)If it is known or there is reason to know the child is an Indian child, the child has been physically removed from the custody of a parent or parents or an Indian custodian, continued detention of the child continues to be necessary to prevent imminent physical damage or harm to the child, and there are no reasonable means by which the child can be protected if maintained in the physical custody of their parent or parents or Indian custodian.
(4)There is substantial evidence that a parent, guardian, or Indian custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
(5)The child has left a placement in which the child was placed by the juvenile court.
(6)The parent or other person having lawful custody of the child voluntarily surrendered physical custody of the child pursuant to Section 1255.7 of the Health and Safety Code and did not reclaim the child within the 14-day period specified in subdivision (g) of that section.
(b)In any case in which there is reasonable cause for believing that a child who is under the care of a physician and surgeon or a hospital, clinic, or other medical facility, cannot be immediately moved, and is a person described in Section 300, the child shall be deemed to have been taken into temporary custody and delivered to the social worker for the purposes of this chapter while the child is at the office of the physician and surgeon or the medical facility.
(c)If the child is not released to their parent or guardian, the child shall be deemed detained for purposes of this chapter.
(d)(1)If a relative, as defined in Section 319, an extended family member of an Indian child, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, is available and requests emergency placement of the child pending the detention hearing, or after the detention hearing and pending the dispositional hearing conducted pursuant to Section 358, the county welfare department shall initiate an assessment of the relatives or nonrelative extended family members suitability for emergency placement pursuant to Section 361.4.
(2)Upon completion of the assessment pursuant to Section 361.4, the child may be placed in the home on an emergency basis. Following the emergency placement of the child, the county welfare department shall evaluate and approve or deny the home pursuant to Section 16519.5. If the home in which the Indian child is placed is licensed or approved by the childs tribe, the provisions of Section 16519.5 do not apply for further approval. The county shall require the relative or nonrelative extended family member to submit an application for approval as a resource family and initiate the home environment assessment no later than five business days after the placement.
(3)If the sole issue preventing an emergency placement of a child with a relative or nonrelative extended family member is a lack of resources, including, but not limited to, physical items such as cribs and car seats, the agency shall use reasonable efforts to assist the relative or nonrelative extended family member in obtaining the necessary items within existing available resources. The department shall work with counties and stakeholders to issue guidance regarding reasonable efforts requirements.
(e)(1)If the child is removed, the social worker shall immediately conduct, but no later than 30 days after the child has been removed, an investigation in order to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling, adult siblings, other adult relatives of the child, as defined in paragraph (2) of subdivision (h) of Section 319, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). 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. The social worker shall provide to all adult relatives who are located, except when that relatives history of family or domestic violence makes notification inappropriate, within 30 days of removal of the child, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
(A)The child has been removed from the custody of their parent or parents, guardian or guardians, or Indian custodian.
(B)An explanation of the various options to participate in the care and placement of the child and support for the childs family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a resource family, and additional services and support that are available in out-of-home placements, and, if it is known or there is reason to know the child is an Indian child, the option of obtaining approval for placement through the tribes license or approval procedure. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), adoption, and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. The State Department of Social Services, in consultation with the County Welfare Directors Association of California and other interested stakeholders, shall develop the written notice.
(2)The social worker shall also provide the adult relatives notified pursuant to paragraph (1) with a relative information form to provide information to the social worker and the court regarding the needs of the child. The form shall include a provision whereby the relative may request the permission of the court to address the court, if the relative so chooses. The Judicial Council, in consultation with the State Department of Social Services and the County Welfare Directors Association of California, shall develop the form.
(3)(A)The social worker shall use due diligence in investigating the names and locations of the relatives, as well as any parent and alleged parent, pursuant to paragraph (1), including, but not limited to, asking the child in an age-appropriate manner about any parent, alleged parent, and relatives important to the child, consistent with the childs best interest, and obtaining information regarding the location of the childs parents, alleged parents, and adult relatives. Each county welfare department shall do both of the following:
(i)Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify themselves to the county welfare department and the county welfare department shall provide parents and relatives with the notices required by paragraphs (1) and (2).
(ii)Notify the State Department of Social Services, on or before January 1, 2024, in an email or other correspondence, whether it has adopted one of the suggested practices for family finding described in All-County Letter 18-42 and, generally, whether the practice has been implemented through training, memoranda, manuals, or comparable documents. If a county welfare department has not adopted one of the suggested practices for family finding described in All-County Letter 18-42, the county welfare department shall provide a copy to the State Department of Social Services of its existing family finding policies and practices, as reflected in memoranda, handbooks, manuals, training manuals, or any other document, that are in existence prior to January 1, 2022.
(B)The due diligence required under subparagraph (A) shall include family finding. For purposes of this section, family finding means conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, family finding also includes contacting the Indian childs tribe to identify relatives and kin.
SEC. 2.Section 319 of the Welfare and Institutions Code is amended to read:319.(a)At the initial petition hearing, the court shall examine the childs parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence as the child, the childs parents or guardians, the childs Indian custodian, the petitioner, the Indian childs tribe, or their counsel desires to present. The court may examine the child, as provided in Section 350.
(b)The social worker shall report to the court on the reasons why the child has been removed from the parents, guardians, or Indian custodians physical custody, the need, if any, for continued detention; and the available services and the referral methods to those services that could facilitate the return of the child to the custody of the childs parents, guardians, or Indian custodian; and shall document their efforts, and in the case of an Indian child, the active efforts as defined in subdivision (f) of Section 224.1, and results of those efforts by the social worker to locate any relatives or kin who are able and willing to take temporary physical custody could provide family support or possible placement of the child or nonminor dependent and the names of any relatives who are able and willing to take temporary physical custody of the child. those relatives or kin. If it is known or there is reason to know the child is an Indian child, the report shall also include all of the following:
(1)A statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent the imminent physical damage or harm to the child.
(2)The steps taken to provide notice to the childs parents, custodians, and tribe about the hearing pursuant to this section.
(3)If the childs parents and Indian custodians are unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the appropriate Bureau of Indian Affairs regional director.
(4)The residence and the domicile of the Indian child.
(5)If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village.
(6)The tribal affiliation of the child and of the parents or Indian custodians.
(7)A specific and detailed account of the circumstances that caused the Indian child to be taken into temporary custody.
(8)If the child is believed to reside or be domiciled on a reservation in which the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts that have been made and that are being made to contact the tribe and transfer the child to the tribes jurisdiction.
(9)A statement of the efforts that have been taken to assist the parents or Indian custodians so the Indian child may safely be returned to their custody.
(c)The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parents or guardians home is contrary to the childs welfare, and any of the following circumstances exist:
(1)There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the childs physical or emotional health may be protected without removing the child from the parents or guardians physical custody.
(2)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
(3)The child has left a placement in which the child was placed by the juvenile court.
(4)The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home.
(d)If the court knows or there is reason to know the child is an Indian child, the court may only detain the Indian child if it also finds that detention is necessary to prevent imminent physical damage or harm. The court shall state on the record the facts supporting this finding.
(e)(1)If the hearing pursuant to this section is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parents or guardians home is contrary to the childs welfare at the initial petition hearing or order the release of the child from custody.
(2)If the court knows or has reason to know the child is an Indian child, the hearing pursuant to this section may not be continued beyond 30 days unless the court finds all of the following:
(A)Restoring the child to the parent, parents, or Indian custodian would subject the child to imminent physical damage or harm.
(B)The court is unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe.
(C)It is not possible to initiate an Indian child custody proceeding as defined in Section 224.1.
(f)(1)The court shall also make a determination on the record, referencing the social workers report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from their home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be considered for purposes of making this determination are case management, counseling, emergency shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3 of, Chapter 1 (commencing with Section 17000) of Part 5 of, and Chapter 10 (commencing with Section 18900) of Part 6 of, Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention.
(2)If the court knows or has reason to know the child is an Indian child, the court shall also determine whether the county welfare department made active efforts to provide remedial services and rehabilitation programs designed to prevent the breakup of the Indian family. The court shall order the county welfare department to initiate or continue services or programs pending disposition pursuant to Section 358.
(3)If the child can be returned to the custody of their parent, guardian, or Indian custodian through the provision of those services, the court shall place the child with their parent, guardian, or Indian custodian and order that the services shall be provided. If the child cannot be returned to the physical custody of their parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to Section 361.4.
(4)In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of their parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of their parent would pose a substantial danger or would not pose a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child.
(g)If a court orders a child detained, the court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social workers report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the childs welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and their family, if appropriate.
(h)(1)(A)If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days:
(i)The home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, that has been assessed pursuant to Section 361.4.
(ii)The approved home of a resource family, as defined in Section 16519.5, or a home licensed or approved by the Indian childs tribe.
(iii)An emergency shelter or other suitable licensed place.
(iv)A place exempt from licensure designated by the juvenile court.
(B)A youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(C)If the court knows or has reason to know that the child is an Indian child, the Indian child shall be detained in a home that complies with the placement preferences set forth in Section 361.31 and in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), unless the court finds good cause exists pursuant to Section 361.31 not to follow the placement preferences. If the court finds good cause not to follow the placement preferences for detention, this finding does not affect the requirement that a diligent search be made for a subsequent placement within the placement preferences.
(2)Relatives shall be given preferential consideration for placement of the child. As used in this section, relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(3)When placing in the home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978, or nonrelative extended family member, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative, extended family member, or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, before ordering that the child be placed with a relative or nonrelative extended family member. The court may authorize the placement of a child on a temporary basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment pursuant to Section 361.3 of any relative to be considered for continuing placement.
(i)In the case of an Indian child, any order detaining the child pursuant to this section shall be considered an emergency removal within the meaning of Section 1922 of the federal Indian Child Welfare Act of 1978. The emergency proceeding shall terminate if the child is returned to the custody of the parent, parents, or Indian custodian, the child has been transferred to the custody and jurisdiction of the childs tribe, or the agency or another party to the proceeding recommends that the child be removed from the physical custody of their parent or parents or Indian custodian pursuant to Section 361 or 361.2.
(j)(1)At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:
(A)The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child.
(B)The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking.
(C)The childs educational and developmental services needs cannot be met without the temporary appointment of a responsible adult.
(2)If the court limits the parents educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the childs educational representative before appointing an educational representative or surrogate who is not known to the child.
(3)If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the courts decision shall be consistent with the childs individual program plan and pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services decisions for the child.
(4)A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of disposition orders, additional needed limitation on the parents or guardians educational or developmental services rights shall be addressed pursuant to Section 361.
(5)This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures, as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.
(6)If the court appoints a developmental services decisionmaker pursuant to this section, the developmental services decisionmaker shall have the authority to access the childs information and records pursuant to subdivision (u) of Section 4514 and paragraph (23) of subdivision (a) of Section 5328, and to act on the childs behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order.
(k)For a placement made on or after October 1, 2021, each temporary placement of the child pursuant to subdivision (h) in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
(l)For a placement made on or after July 1, 2022, each temporary placement of the child pursuant to subdivision (h) in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
SEC. 3.Section 358.1 of the Welfare and Institutions Code is amended to read:358.1.Each social study or evaluation made by a social worker or child advocate appointed by the court, required to be received in evidence pursuant to Section 358, shall include, but not be limited to, a factual discussion of each of the following subjects:
(a)Whether the county welfare department or social worker has considered either of the following:
(1)Child protective services, as defined in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9, as a possible solution to the problems at hand, and has offered these services to qualified parents if appropriate under the circumstances.
(2)Whether the child can be returned to the custody of the childs parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with the childs parent.
(b)What plan, if any, for return of the child to the childs parents and for achieving legal permanence for the child if efforts to reunify fail, is recommended to the court by the county welfare department or probation officer.
(c)Whether the best interest of the child will be served by granting reasonable visitation rights with the child to the childs grandparents, in order to maintain and strengthen the childs family relationships.
(d)(1)Whether the child has siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and the childs siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(2)The factual discussion shall include a discussion of indicators of the nature of the childs sibling relationships, including, but not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with another sibling, as applicable, and whether ongoing contact is in the childs best emotional interest.
(e)If the parent or guardian is unwilling or unable to participate in making an educational decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational decisions for the child, the county welfare department or social worker shall consider whether the right of the parent or guardian to make educational decisions for the child should be limited. If the study or evaluation makes that recommendation, it shall identify whether there is a responsible adult available to make educational decisions for the child pursuant to Section 361.
(f)Whether the child appears to be a person who is eligible to be considered for further court action to free the child from parental custody and control.
(g)Whether the parent has been advised of the childs option to participate in adoption planning, including the option to enter into a postadoption contact agreement as described in Section 8616.5 of the Family Code, and to voluntarily relinquish the child for adoption if an adoption agency is willing to accept the relinquishment.
(h)The efforts, and in the case of an Indian child, the active efforts as defined by subdivision (f) of Section 224.1, and results of those efforts by the social worker to locate any relatives or kin who are able and willing to take temporary physical custody could provide family support or possible placement of the child or nonminor dependent and the names of any relatives who are able and willing to take temporary physical custody of the child. those relatives or kin.
(i)The appropriateness of any relative placement pursuant to Section 361.3. However, this consideration may not be cause for continuance of the dispositional hearing.
(j)Whether the caregiver desires, and is willing, to provide legal permanency for the child if reunification is unsuccessful.
(k)For an Indian child, in consultation with the Indian childs tribe, whether tribal customary adoption is an appropriate permanent plan for the child if reunification is unsuccessful.
(l)On and after the date that the director executes a declaration pursuant to Section 11217, whether the child has been placed in an approved relatives home under a voluntary placement agreement for a period not to exceed 180 days, the parent or guardian is not interested in additional family maintenance or family reunification services, and the relative desires and is willing to be appointed the childs legal guardian.
(m)For a placement made on or after October 1, 2021, if the child has been placed in a short-term residential therapeutic program, the social study shall include the information specified in subdivision (c) of Section 361.22.
(n)For a placement made on or after July 1, 2022, if the child has been placed in a community treatment facility, the social study shall include the information specified in subdivision (c) of Section 361.22.
SEC. 4.Section 366 of the Welfare and Institutions Code is amended to read:366.(a)(1)The status of every dependent child in foster care shall be reviewed periodically as determined by the court but no less frequently than once every six months, as calculated from the date of the original dispositional hearing, until the hearing described in Section 366.26 is completed. The court shall consider the safety of the child and shall determine all of the following:
(A)The continuing necessity for and appropriateness of the placement. If the child or nonminor dependent is placed in a short-term residential therapeutic program on or after October 1, 2021, or placed in 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.
(B)For children and nonminor dependents in out-of-home care, whether the social worker has continued efforts, and in the case of an Indian child, the active efforts as defined by subdivision (f) of Section 224.1, to locate any relatives or kin who are able and willing to take physical custody could provide family support or possible placement of the child or nonminor dependent and the names of any relatives who are able and willing to take temporary physical custody of the child those relatives or kin and the results of those efforts.
(C)The extent of the agencys compliance with the case plan in making reasonable efforts, or, in the case of a child 16 years of age or older with another planned permanent living arrangement, the ongoing and intensive efforts, to return the child to a safe home and to complete any steps necessary to finalize the permanent placement of the child, including efforts to maintain relationships between a child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer, and individuals other than the childs siblings who are important to the child, consistent with the childs best interests. Where it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, the court shall also determine whether the agency has made active efforts, as defined in Section 224.1 and as described in Section 361.7, to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family.
(D)Whether there should be any limitation on the right of the parent, guardian, or Indian custodian to make educational decisions or developmental services decisions for the child. That limitation shall be specifically addressed in the court order and shall not exceed those necessary to protect the child. Whenever the court specifically limits the right of the parent, guardian, or Indian custodian 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.
(E)(i)Whether the child has other siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(I)The nature of the relationship between the child and the childs siblings.
(II)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(III)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(IV)If the siblings are not placed together, all of the following:
(ia)The frequency and nature of the visits between the siblings.
(ib)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(ic)If there are visits between the siblings, a description of the location and length of the visits.
(id)Any plan to increase visitation between the siblings.
(V)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(VI)The continuing need to suspend sibling interaction, if applicable, pursuant to subdivision (c) of Section 16002.
(ii)The factors the court may consider in making a determination regarding the nature of the childs sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(F)The extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care.
(G)(i)For a child who is 10 years of age or older, is in junior high, middle, or high school, and has been under the jurisdiction of the juvenile court for a year or longer, or a nonminor dependent, whether the social worker or probation officer has verified that the child or nonminor dependent has received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system or has ensured that the child will receive the instruction.
(ii)For a child or nonminor dependent described in clause (i), whether the social worker or probation officer has done all of the following:
(I)Informed the child or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, abortion, and the prevention and treatment of sexually transmitted infections.
(II)Informed the child or nonminor dependent, in an age and developmentally appropriate manner, of the childs right to consent to sexual and reproductive health services and the childs confidentiality rights regarding those services.
(III)Informed the child or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed.
(iii)This subparagraph does not affect any applicable confidentiality law.
(iv)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(H)(i)For a child who is 16 years of age or older or for a nonminor dependent, whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(ii)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(I)If the review hearing is the last review hearing to be held before the child attains 18 years of age, the court shall conduct the hearing pursuant to Section 366.31 or 366.32.
(2)The court shall project a likely date by which the child may be returned to and safely maintained in the home or placed for adoption, tribal customary adoption in the case of an Indian child, legal guardianship, placed with a fit and willing relative, or in another planned permanent living arrangement.
(b)Subsequent to the hearing, periodic reviews of each child in foster care shall be conducted pursuant to the requirements of Sections 366.3 and 16503.
(c)If the child has been placed out of state, each review described in subdivision (a) and any reviews conducted pursuant to Sections 366.3 and 16503 shall also address whether the out-of-state placement continues to be the most appropriate placement selection and in the best interests of the child.
(d)(1)A review described in subdivision (a) and any reviews conducted pursuant to Sections 366.3 and 16503 shall not result in a placement of a child outside the United States prior to a judicial finding that the placement is in the best interest of the child, except as required by federal law or treaty.
(2)The party or agency requesting placement of the child outside the United States shall carry the burden of proof and must show, by clear and convincing evidence, that a placement outside the United States is in the best interest of the child.
(3)In determining the best interest of the child, the court shall consider, but not be limited to, the following factors:
(A)Placement with a relative.
(B)Placement of siblings in the same home.
(C)Amount and nature of any contact between the child and the potential guardian or caretaker.
(D)Physical and medical needs of the dependent child.
(E)Psychological and emotional needs of the dependent child.
(F)Social, cultural, and educational needs of the dependent child.
(G)Specific desires of any dependent child who is 12 years of age or older.
(4)If the court finds that a placement outside the United States is, by clear and convincing evidence, in the best interest of the child, the court may issue an order authorizing the social worker or placing agency to make a placement outside the United States. A child subject to this subdivision shall not leave the United States prior to the issuance of the order described in this paragraph.
(5)For purposes of this subdivision, outside the United States shall not include the lands of any federally recognized American Indian tribe or Alaskan Natives.
(6)This section shall not apply to the placement of a dependent child with a parent.
(e)(1)On and after July 1, 2021, a child shall not be placed or remain in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, unless the placement is ordered or approved pursuant to Section 361.21.
(2)Notwithstanding any other law, on and after July 1, 2022, a child shall not be placed by a county child welfare agency in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, except for placements described in subdivision (h) of Section 7911.1 of the Family Code.
(3)Notwithstanding any other law, a child who is placed in an out-of-state residential facility by a county child welfare agency shall not remain in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, after January 1, 2023.
(f)The status review of every nonminor dependent, as defined in subdivision (v) of Section 11400, shall be conducted pursuant to the requirements of Sections 366.3, 366.31, or 366.32, and 16503 until dependency jurisdiction is terminated pursuant to Section 391.
SEC. 5.Section 366.1 of the Welfare and Institutions Code is amended to read:366.1.Each supplemental report required to be filed pursuant to Section 366 shall include, but not be limited to, a factual discussion of each of the following subjects:
(a)Whether the county welfare department social worker has considered either of the following:
(1)Child protective services, as defined in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9, as a possible solution to the problems at hand, and has offered those services to qualified parents, if appropriate under the circumstances.
(2)Whether the child can be returned to the custody of the childs parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with the childs parent.
(b)What plan, if any, for the return and maintenance of the child in a safe home is recommended to the court by the county welfare department social worker.
(c)Whether the subject child appears to be a person who is eligible to be considered for further court action to free the child from parental custody and control.
(d)What actions, if any, have been taken by the parent to correct the problems that caused the child to be made a dependent child of the court.
(e)If the parent or guardian is unwilling or unable to participate in making an educational decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational decisions for the child, the county welfare department or social worker shall consider whether the right of the parent or guardian to make educational decisions for the child should be limited. If the supplemental report makes that recommendation, the report shall identify whether there is a responsible adult available to make educational decisions for the child pursuant to Section 361.
(f)(1)The health and education of the minor, including a copy of the complete health and education summary, as required under Section 16010, including the name and contact information of the person or persons currently holding the right to make educational decisions for the child.
(2)In instances in which it is determined that disclosure pursuant to paragraph (1) of the contact information of the person or persons currently holding the right to make educational decisions for the child poses a threat to the health and safety of that individual or those individuals, that contact information shall be redacted or withheld from the health and education summary within the supplemental report described in this section.
(g)For a child or nonminor dependent who does not reside with their parents, relatives, or an Indian custodian, the continued, efforts, and in the case of an Indian child, the active efforts as defined by subdivision (f) of Section 224.1, that the social worker has made to locate any relatives or kin who are able and willing to take physical custody could provide family support or possible placement of the child or nonminor dependent and the names of any relatives who are able and willing to take temporary physical custody of the child. those relatives or kin. The social worker shall document the efforts and the results of those efforts.
(h)(1)Whether the child has any siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and the childs siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(2)The factual discussion shall include a discussion of indicators of the nature of the childs sibling relationships, including, but not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(i)(1)For a child who is 10 years of age or older and has been under the jurisdiction of the juvenile court for a year or longer, or a nonminor dependent, either of the following:
(A)For a child in junior high or middle school, either that the child has already received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system while in junior high or middle school or how the county will ensure that the child receives that instruction at least once before completing junior high or middle school if the child remains under the jurisdiction of the juvenile court during that timeframe.
(B)For a child in high school or a nonminor dependent, either that the child has received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system while in high school, or how the county will ensure that the child or nonminor dependent receives that instruction at least once before completing high school if the child remains under the jurisdiction of the juvenile court during that timeframe.
(2)For a child who is 10 years of age or older or a nonminor dependent, whether the social worker or probation officer has done all of the following:
(A)Informed the child or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, abortion, and the prevention and treatment of sexually transmitted infections.
(B)Informed the child or nonminor dependent, in an age and developmentally appropriate manner, of the childs right to consent to sexual and reproductive health services and the childs confidentiality rights regarding those services.
(C)Informed the child or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed.
(3)This subdivision does not affect any applicable confidentiality law.
(4)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subdivision.
(j)(1)For a child who is 16 years of age or older or for a nonminor dependent, whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(2)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subdivision.
(k)Whether a child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer has relationships with individuals other than the childs siblings who are important to the child, consistent with the childs best interests, and actions taken to maintain those relationships. The social worker shall ask every child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer to identify any individuals other than the childs siblings who are important to the child, consistent with the childs best interest. The social worker may ask any other child to provide that information, as appropriate.
(l)The implementation and operation of the amendments to subdivision (j) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
(m)On and after October 1, 2021, for a child whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for a child whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the supplemental report shall include evidence of all of the following:
(1)Ongoing assessment of the strengths and needs of the child that 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 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 628 of the Welfare and Institutions Code is amended to read:628.(a)(1)Upon delivery to the probation officer of a minor who has been taken into temporary custody under the provisions of this article, the probation officer shall immediately investigate the circumstances of the minor and the facts surrounding their being taken into custody and shall immediately release the minor to the custody of their parent, legal guardian, or responsible relative unless it can be demonstrated upon the evidence before the court that continuance in the home is contrary to the minors welfare and one or more of the following conditions exist:
(A)Continued detention of the minor is a matter of immediate and urgent necessity for the protection of the minor or reasonable necessity for the protection of the person or property of another.
(B)The minor is likely to flee the jurisdiction of the court.
(C)The minor has violated an order of the juvenile court.
(2)The probation officers decision to detain a minor who is currently a dependent of the juvenile court pursuant to Section 300 or the subject of a petition to declare the minor a dependent of the juvenile court pursuant to Section 300 and who has been removed from the custody of their parent or guardian by the juvenile court shall not be based on any of the following:
(A)The minors status as a dependent of the juvenile court or as the subject of a petition to declare the minor a dependent of the juvenile court.
(B)A determination that continuance in the minors current placement is contrary to the minors welfare.
(C)The child welfare services departments inability to provide a placement for the minor.
(3)The probation officer shall immediately release a minor described in paragraph (2) to the custody of the child welfare services department or the minors current foster parent or other caregiver unless the probation officer determines that one or more of the conditions in paragraph (1) exist.
(4)This section does not limit a probation officers authority to refer a minor to child welfare services.
(b)If the probation officer has reason to believe that the minor is at risk of entering foster care placement, as defined in paragraphs (1) and (2) of subdivision (d) of Section 727.4, the probation officer shall, as part of the investigation undertaken pursuant to subdivision (a), make reasonable efforts, as described in paragraph (5) of subdivision (d) of Section 727.4, to prevent or eliminate the need for removal of the minor from their home.
(c)In any case in which there is reasonable cause for believing that a minor who is under the care of a physician or surgeon or a hospital, clinic, or other medical facility and cannot be immediately moved is a person described in subdivision (d) of Section 300, the minor shall be deemed to have been taken into temporary custody and delivered to the probation officer for the purposes of this chapter while the minor is at the office of the physician or surgeon or that medical facility.
(d)(1)It is the intent of the Legislature that this subdivision shall comply with paragraph (29) of subsection (a) of Section 671 of Title 42 of the United States Code as added by the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). It is further the intent of the Legislature that the identification and notification of relatives shall be made as early as possible after the removal of a youth who is at risk of entering foster care placement.
(2)If the minor is detained and the probation officer has reason to believe that the minor is at risk of entering foster care placement, as defined in paragraphs (1) and (2) of subdivision (d) of Section 727.4, then the probation officer shall immediately conduct, but not later than 30 days after the child has been detained, an investigation in order to identify and locate all grandparents, adult siblings, and other relatives of the child, as defined in paragraph (2) of subdivision (f) of Section 319, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined in Section 224.1. 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. The probation officer shall provide to all adult relatives who are located, except when that relatives history of family or domestic violence makes notification inappropriate, within 30 days of the date on which the child is detained, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
(A)The child has been removed from the custody of the childs parent or parents, or guardians.
(B)An explanation of the various options to participate in the care and placement of the child and support for the childs family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child, how to become a foster family home, approved relative or nonrelative extended family member, as defined in Section 362.7, or resource family home, and additional services and support that are available in out-of-home placements. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), adoption and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. When oral notification is provided, the probation officer is not required to provide detailed information about the various options to help with the care and placement of the child.
(3)(A)The probation officer shall use due diligence in investigating the names and locations of the relatives, including any parent and alleged parent, pursuant to paragraph (2), including, but not limited to, asking the child in an age-appropriate manner about any parent, alleged parent, and relatives important to the child, consistent with the childs best interest, and obtaining information regarding the location of the childs parents, alleged parents, and adult relatives. Each county probation department shall do both of the following:
(i)Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify themselves to the county probation department and be provided with the notices required by paragraphs (1) and (2).
(ii)Notify the State Department of Social Services, on or before January 1, 2024, in an email or other correspondence, whether it has adopted one of the suggested practices for family finding described in All-County Letter 18-42 and, generally, whether the practice has been implemented through training, memoranda, manuals, or comparable documents. If a county probation department has not adopted one of the suggested practices for family finding described in All-County Letter 18-42, the county probation department shall provide a copy to the State Department of Social Services of its existing family finding policies and practices, as reflected in memoranda, handbooks, manuals, training manuals, or any other document, that are in existence prior to January 1, 2022.
(B)The due diligence required under subparagraph (A) shall include family finding. For purposes of this section, family finding means conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, family finding also includes contacting the Indian childs tribe to identify relatives and kin.
(C)The probation officer shall document their efforts, and in the case of an Indian child, the active efforts as defined by subdivision (f) of Section 224.1, and results of those efforts by the probation officer to locate any relatives or kin who are able and willing to take temporary physical custody could provide family support or possible placement of the child or nonminor dependent and the names of any relatives who are able and willing to take temporary physical custody of the child. those relatives or kin.
(4)To the extent allowed by federal law as a condition of receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), if the probation officer did not conduct the identification and notification of relatives, as required in paragraph (2), but the court orders foster care placement, the probation officer shall conduct the investigation to find and notify relatives within 30 days of the placement order. Nothing in this section shall be construed to delay foster care placement for an individual child.
SEC. 7.To the extent that this act has an overall effect of increasing certain 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Upon delivery to the social worker of a child who has been taken into temporary custody under this article, the social worker shall immediately investigate the circumstances of the child and the facts surrounding the childs being taken into custody and attempt to maintain the child with the childs family through the provision of services. The social worker shall immediately release the child to the custody of the childs parent, guardian, Indian custodian, or relative, regardless of the parents, guardians, Indian custodians, or relatives immigration status, unless one or more of the following conditions exist:
(1)The child has no parent, guardian, Indian custodian, or relative willing to provide care for the child.
(2)Continued detention of the child is a matter of immediate and urgent necessity for the protection of the child and there are no reasonable means by which the child can be protected in their home or the home of a relative.
(3)If it is known or there is reason to know the child is an Indian child, the child has been physically removed from the custody of a parent or parents or an Indian custodian, continued detention of the child continues to be necessary to prevent imminent physical damage or harm to the child, and there are no reasonable means by which the child can be protected if maintained in the physical custody of their parent or parents or Indian custodian.
(4)There is substantial evidence that a parent, guardian, or Indian custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
(5)The child has left a placement in which the child was placed by the juvenile court.
(6)The parent or other person having lawful custody of the child voluntarily surrendered physical custody of the child pursuant to Section 1255.7 of the Health and Safety Code and did not reclaim the child within the 14-day period specified in subdivision (g) of that section.
(b)In any case in which there is reasonable cause for believing that a child who is under the care of a physician and surgeon or a hospital, clinic, or other medical facility, cannot be immediately moved, and is a person described in Section 300, the child shall be deemed to have been taken into temporary custody and delivered to the social worker for the purposes of this chapter while the child is at the office of the physician and surgeon or the medical facility.
(c)If the child is not released to their parent or guardian, the child shall be deemed detained for purposes of this chapter.
(d)(1)If a relative, as defined in Section 319, an extended family member of an Indian child, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, is available and requests emergency placement of the child pending the detention hearing, or after the detention hearing and pending the dispositional hearing conducted pursuant to Section 358, the county welfare department shall initiate an assessment of the relatives or nonrelative extended family members suitability for emergency placement pursuant to Section 361.4.
(2)Upon completion of the assessment pursuant to Section 361.4, the child may be placed in the home on an emergency basis. Following the emergency placement of the child, the county welfare department shall evaluate and approve or deny the home pursuant to Section 16519.5. If the home in which the Indian child is placed is licensed or approved by the childs tribe, the provisions of Section 16519.5 do not apply for further approval. The county shall require the relative or nonrelative extended family member to submit an application for approval as a resource family and initiate the home environment assessment no later than five business days after the placement.
(3)If the sole issue preventing an emergency placement of a child with a relative or nonrelative extended family member is a lack of resources, including, but not limited to, physical items such as cribs and car seats, the agency shall use reasonable efforts to assist the relative or nonrelative extended family member in obtaining the necessary items within existing available resources. The department shall work with counties and stakeholders to issue guidance regarding reasonable efforts requirements.
(e)(1)If the child is removed, the social worker shall immediately conduct, but no later than 30 days after the child has been removed, an investigation in order to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling, adult siblings, other adult relatives of the child, as defined in paragraph (2) of subdivision (h) of Section 319, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). 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. The social worker shall provide to all adult relatives who are located, except when that relatives history of family or domestic violence makes notification inappropriate, within 30 days of removal of the child, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
(A)The child has been removed from the custody of their parent or parents, guardian or guardians, or Indian custodian.
(B)An explanation of the various options to participate in the care and placement of the child and support for the childs family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a resource family, and additional services and support that are available in out-of-home placements, and, if it is known or there is reason to know the child is an Indian child, the option of obtaining approval for placement through the tribes license or approval procedure. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), adoption, and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. The State Department of Social Services, in consultation with the County Welfare Directors Association of California and other interested stakeholders, shall develop the written notice.
(2)The social worker shall also provide the adult relatives notified pursuant to paragraph (1) with a relative information form to provide information to the social worker and the court regarding the needs of the child. The form shall include a provision whereby the relative may request the permission of the court to address the court, if the relative so chooses. The Judicial Council, in consultation with the State Department of Social Services and the County Welfare Directors Association of California, shall develop the form.
(3)(A)The social worker shall use due diligence in investigating the names and locations of the relatives, as well as any parent and alleged parent, pursuant to paragraph (1), including, but not limited to, asking the child in an age-appropriate manner about any parent, alleged parent, and relatives important to the child, consistent with the childs best interest, and obtaining information regarding the location of the childs parents, alleged parents, and adult relatives. Each county welfare department shall do both of the following:
(i)Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify themselves to the county welfare department and the county welfare department shall provide parents and relatives with the notices required by paragraphs (1) and (2).
(ii)Notify the State Department of Social Services, on or before January 1, 2024, in an email or other correspondence, whether it has adopted one of the suggested practices for family finding described in All-County Letter 18-42 and, generally, whether the practice has been implemented through training, memoranda, manuals, or comparable documents. If a county welfare department has not adopted one of the suggested practices for family finding described in All-County Letter 18-42, the county welfare department shall provide a copy to the State Department of Social Services of its existing family finding policies and practices, as reflected in memoranda, handbooks, manuals, training manuals, or any other document, that are in existence prior to January 1, 2022.
(B)The due diligence required under subparagraph (A) shall include family finding. For purposes of this section, family finding means conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, family finding also includes contacting the Indian childs tribe to identify relatives and kin.
SEC. 2.Section 319 of the Welfare and Institutions Code is amended to read:319.(a)At the initial petition hearing, the court shall examine the childs parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence as the child, the childs parents or guardians, the childs Indian custodian, the petitioner, the Indian childs tribe, or their counsel desires to present. The court may examine the child, as provided in Section 350.
(b)The social worker shall report to the court on the reasons why the child has been removed from the parents, guardians, or Indian custodians physical custody, the need, if any, for continued detention, detention; and the available services and the referral methods to those services that could facilitate the return of the child to the custody of the childs parents, guardians, or Indian custodian, what efforts and findings they have made to locate any relatives who are able and willing to take temporary physical custody of the child, and the names of any relatives who are able and willing to take temporary physical custody of the child. custodian; and shall document their efforts, and in the case of an Indian child, the active efforts as defined in subdivision (f) of Section 224.1, and results of those efforts by the social worker to locate any relatives who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child. If it is known or there is reason to know the child is an Indian child, the report shall also include all of the following:
(1)A statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent the imminent physical damage or harm to the child.
(2)The steps taken to provide notice to the childs parents, custodians, and tribe about the hearing pursuant to this section.
(3)If the childs parents and Indian custodians are unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the appropriate Bureau of Indian Affairs regional director.
(4)The residence and the domicile of the Indian child.
(5)If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village.
(6)The tribal affiliation of the child and of the parents or Indian custodians.
(7)A specific and detailed account of the circumstances that caused the Indian child to be taken into temporary custody.
(8)If the child is believed to reside or be domiciled on a reservation in which the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts that have been made and that are being made to contact the tribe and transfer the child to the tribes jurisdiction.
(9)A statement of the efforts that have been taken to assist the parents or Indian custodians so the Indian child may safely be returned to their custody.
(c)The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parents or guardians home is contrary to the childs welfare, and any of the following circumstances exist:
(1)There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the childs physical or emotional health may be protected without removing the child from the parents or guardians physical custody.
(2)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
(3)The child has left a placement in which the child was placed by the juvenile court.
(4)The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home.
(d)If the court knows or there is reason to know the child is an Indian child, the court may only detain the Indian child if it also finds that detention is necessary to prevent imminent physical damage or harm. The court shall state on the record the facts supporting this finding.
(e)(1)If the hearing pursuant to this section is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parents or guardians home is contrary to the childs welfare at the initial petition hearing or order the release of the child from custody.
(2)If the court knows or has reason to know the child is an Indian child, the hearing pursuant to this section may not be continued beyond 30 days unless the court finds all of the following:
(A)Restoring the child to the parent, parents, or Indian custodian would subject the child to imminent physical damage or harm.
(B)The court is unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe.
(C)It is not possible to initiate an Indian child custody proceeding as defined in Section 224.1.
(f)(1)The court shall also make a determination on the record, referencing the social workers report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from their home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be considered for purposes of making this determination are case management, counseling, emergency shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3 of, Chapter 1 (commencing with Section 17000) of Part 5 of, and Chapter 10 (commencing with Section 18900) of Part 6 of, Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention.
(2)If the court knows or has reason to know the child is an Indian child, the court shall also determine whether the county welfare department made active efforts to provide remedial services and rehabilitation programs designed to prevent the breakup of the Indian family. The court shall order the county welfare department to initiate or continue services or programs pending disposition pursuant to Section 358.
(3)If the child can be returned to the custody of their parent, guardian, or Indian custodian through the provision of those services, the court shall place the child with their parent, guardian, or Indian custodian and order that the services shall be provided. If the child cannot be returned to the physical custody of their parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to Section 361.4.
(4)In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of their parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of their parent would pose a substantial danger or would not pose a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child.
(g)If a court orders a child detained, the court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social workers report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the childs welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and their family, if appropriate.
(h)(1)(A)If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days:
(i)The home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, that has been assessed pursuant to Section 361.4.
(ii)The approved home of a resource family, as defined in Section 16519.5, or a home licensed or approved by the Indian childs tribe.
(iii)An emergency shelter or other suitable licensed place.
(iv)A place exempt from licensure designated by the juvenile court.
(B)A youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(C)If the court knows or has reason to know that the child is an Indian child, the Indian child shall be detained in a home that complies with the placement preferences set forth in Section 361.31 and in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), unless the court finds good cause exists pursuant to Section 361.31 not to follow the placement preferences. If the court finds good cause not to follow the placement preferences for detention, this finding does not affect the requirement that a diligent search be made for a subsequent placement within the placement preferences.
(2)Relatives shall be given preferential consideration for placement of the child. As used in this section, relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(3)When placing in the home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978, or nonrelative extended family member, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative, extended family member, or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, before ordering that the child be placed with a relative or nonrelative extended family member. The court may authorize the placement of a child on a temporary basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment pursuant to Section 361.3 of any relative to be considered for continuing placement.
(i)In the case of an Indian child, any order detaining the child pursuant to this section shall be considered an emergency removal within the meaning of Section 1922 of the federal Indian Child Welfare Act of 1978. The emergency proceeding shall terminate if the child is returned to the custody of the parent, parents, or Indian custodian, the child has been transferred to the custody and jurisdiction of the childs tribe, or the agency or another party to the proceeding recommends that the child be removed from the physical custody of their parent or parents or Indian custodian pursuant to Section 361 or 361.2.
(j)(1)At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:
(A)The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child.
(B)The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking.
(C)The childs educational and developmental services needs cannot be met without the temporary appointment of a responsible adult.
(2)If the court limits the parents educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the childs educational representative before appointing an educational representative or surrogate who is not known to the child.
(3)If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the courts decision shall be consistent with the childs individual program plan and pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services decisions for the child.
(4)A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of disposition orders, additional needed limitation on the parents or guardians educational or developmental services rights shall be addressed pursuant to Section 361.
(5)This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures, as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.
(6)If the court appoints a developmental services decisionmaker pursuant to this section, the developmental services decisionmaker shall have the authority to access the childs information and records pursuant to subdivision (u) of Section 4514 and paragraph (23) of subdivision (a) of Section 5328, and to act on the childs behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order.
(k)For a placement made on or after October 1, 2021, each temporary placement of the child pursuant to subdivision (h) in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
(l)For a placement made on or after July 1, 2022, each temporary placement of the child pursuant to subdivision (h) in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
SEC. 3.Section 358.1 of the Welfare and Institutions Code is amended to read:358.1.Each social study or evaluation made by a social worker or child advocate appointed by the court, required to be received in evidence pursuant to Section 358, shall include, but not be limited to, a factual discussion of each of the following subjects:
(a)Whether the county welfare department or social worker has considered either of the following:
(1)Child protective services, as defined in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9, as a possible solution to the problems at hand, and has offered these services to qualified parents if appropriate under the circumstances.
(2)Whether the child can be returned to the custody of the childs parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with the childs parent.
(b)What plan, if any, for return of the child to the childs parents and for achieving legal permanence for the child if efforts to reunify fail, is recommended to the court by the county welfare department or probation officer.
(c)Whether the best interest of the child will be served by granting reasonable visitation rights with the child to the childs grandparents, in order to maintain and strengthen the childs family relationships.
(d)(1)Whether the child has siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and the childs siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(2)The factual discussion shall include a discussion of indicators of the nature of the childs sibling relationships, including, but not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with another sibling, as applicable, and whether ongoing contact is in the childs best emotional interest.
(e)If the parent or guardian is unwilling or unable to participate in making an educational decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational decisions for the child, the county welfare department or social worker shall consider whether the right of the parent or guardian to make educational decisions for the child should be limited. If the study or evaluation makes that recommendation, it shall identify whether there is a responsible adult available to make educational decisions for the child pursuant to Section 361.
(f)Whether the child appears to be a person who is eligible to be considered for further court action to free the child from parental custody and control.
(g)Whether the parent has been advised of the childs option to participate in adoption planning, including the option to enter into a postadoption contact agreement as described in Section 8616.5 of the Family Code, and to voluntarily relinquish the child for adoption if an adoption agency is willing to accept the relinquishment.
(h)The efforts and findings that the social worker has made to locate any relatives who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child.(h)The efforts, and in the case of an Indian child, the active efforts as defined by subdivision (f) of Section 224.1, and results of those efforts by the social worker to locate any relatives who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child.
(i)The appropriateness of any relative placement pursuant to Section 361.3. However, this consideration may not be cause for continuance of the dispositional hearing.
(j)Whether the caregiver desires, and is willing, to provide legal permanency for the child if reunification is unsuccessful.
(k)For an Indian child, in consultation with the Indian childs tribe, whether tribal customary adoption is an appropriate permanent plan for the child if reunification is unsuccessful.
(l)On and after the date that the director executes a declaration pursuant to Section 11217, whether the child has been placed in an approved relatives home under a voluntary placement agreement for a period not to exceed 180 days, the parent or guardian is not interested in additional family maintenance or family reunification services, and the relative desires and is willing to be appointed the childs legal guardian.
(m)For a placement made on or after October 1, 2021, if the child has been placed in a short-term residential therapeutic program, the social study shall include the information specified in subdivision (c) of Section 361.22.
(n)For a placement made on or after July 1, 2022, if the child has been placed in a community treatment facility, the social study shall include the information specified in subdivision (c) of Section 361.22.
SEC. 4.Section 366 of the Welfare and Institutions Code is amended to read:366.(a)(1)The status of every dependent child in foster care shall be reviewed periodically as determined by the court but no less frequently than once every six months, as calculated from the date of the original dispositional hearing, until the hearing described in Section 366.26 is completed. The court shall consider the safety of the child and shall determine all of the following:
(A)The continuing necessity for and appropriateness of the placement. If the child or nonminor dependent is placed in a short-term residential therapeutic program on or after October 1, 2021, or placed in 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.
(B)For children and nonminor dependents in out-of-home care, whether the social worker has continued efforts efforts, and in the case of an Indian child, the active efforts as defined by subdivision (f) of Section 224.1, to locate any relatives who are able and willing to take physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child. child and the results of those efforts.
(C)The extent of the agencys compliance with the case plan in making reasonable efforts, or, in the case of a child 16 years of age or older with another planned permanent living arrangement, the ongoing and intensive efforts, to return the child to a safe home and to complete any steps necessary to finalize the permanent placement of the child, including efforts to maintain relationships between a child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer, and individuals other than the childs siblings who are important to the child, consistent with the childs best interests. Where it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, the court shall also determine whether the agency has made active efforts, as defined in Section 224.1 and as described in Section 361.7, to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family.
(D)Whether there should be any limitation on the right of the parent, guardian, or Indian custodian to make educational decisions or developmental services decisions for the child. That limitation shall be specifically addressed in the court order and shall not exceed those necessary to protect the child. Whenever the court specifically limits the right of the parent, guardian, or Indian custodian 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.
(E)(i)Whether the child has other siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(I)The nature of the relationship between the child and the childs siblings.
(II)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(III)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(IV)If the siblings are not placed together, all of the following:
(ia)The frequency and nature of the visits between the siblings.
(ib)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(ic)If there are visits between the siblings, a description of the location and length of the visits.
(id)Any plan to increase visitation between the siblings.
(V)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(VI)The continuing need to suspend sibling interaction, if applicable, pursuant to subdivision (c) of Section 16002.
(ii)The factors the court may consider in making a determination regarding the nature of the childs sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(F)The extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care.
(G)(i)For a child who is 10 years of age or older, is in junior high, middle, or high school, and has been under the jurisdiction of the juvenile court for a year or longer, or a nonminor dependent, whether the social worker or probation officer has verified that the child or nonminor dependent has received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system or has ensured that the child will receive the instruction.
(ii)For a child or nonminor dependent described in clause (i), whether the social worker or probation officer has done all of the following:
(I)Informed the child or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, abortion, and the prevention and treatment of sexually transmitted infections.
(II)Informed the child or nonminor dependent, in an age and developmentally appropriate manner, of the childs right to consent to sexual and reproductive health services and the childs confidentiality rights regarding those services.
(III)Informed the child or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed.
(iii)This subparagraph does not affect any applicable confidentiality law.
(iv)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(H)(i)For a child who is 16 years of age or older or for a nonminor dependent, whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(ii)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(I)If the review hearing is the last review hearing to be held before the child attains 18 years of age, the court shall conduct the hearing pursuant to Section 366.31 or 366.32.
(2)The court shall project a likely date by which the child may be returned to and safely maintained in the home or placed for adoption, tribal customary adoption in the case of an Indian child, legal guardianship, placed with a fit and willing relative, or in another planned permanent living arrangement.
(b)Subsequent to the hearing, periodic reviews of each child in foster care shall be conducted pursuant to the requirements of Sections 366.3 and 16503.
(c)If the child has been placed out of state, each review described in subdivision (a) and any reviews conducted pursuant to Sections 366.3 and 16503 shall also address whether the out-of-state placement continues to be the most appropriate placement selection and in the best interests of the child.
(d)(1)A review described in subdivision (a) and any reviews conducted pursuant to Sections 366.3 and 16503 shall not result in a placement of a child outside the United States prior to a judicial finding that the placement is in the best interest of the child, except as required by federal law or treaty.
(2)The party or agency requesting placement of the child outside the United States shall carry the burden of proof and must show, by clear and convincing evidence, that a placement outside the United States is in the best interest of the child.
(3)In determining the best interest of the child, the court shall consider, but not be limited to, the following factors:
(A)Placement with a relative.
(B)Placement of siblings in the same home.
(C)Amount and nature of any contact between the child and the potential guardian or caretaker.
(D)Physical and medical needs of the dependent child.
(E)Psychological and emotional needs of the dependent child.
(F)Social, cultural, and educational needs of the dependent child.
(G)Specific desires of any dependent child who is 12 years of age or older.
(4)If the court finds that a placement outside the United States is, by clear and convincing evidence, in the best interest of the child, the court may issue an order authorizing the social worker or placing agency to make a placement outside the United States. A child subject to this subdivision shall not leave the United States prior to the issuance of the order described in this paragraph.
(5)For purposes of this subdivision, outside the United States shall not include the lands of any federally recognized American Indian tribe or Alaskan Natives.
(6)This section shall not apply to the placement of a dependent child with a parent.
(e)(1)On and after July 1, 2021, a child shall not be placed or remain in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, unless the placement is ordered or approved pursuant to Section 361.21.
(2)Notwithstanding any other law, on and after July 1, 2022, a child shall not be placed by a county child welfare agency in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, except for placements described in subdivision (h) of Section 7911.1 of the Family Code.
(3)Notwithstanding any other law, a child who is placed in an out-of-state residential facility by a county child welfare agency shall not remain in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, after January 1, 2023.
(f)The status review of every nonminor dependent, as defined in subdivision (v) of Section 11400, shall be conducted pursuant to the requirements of Sections 366.3, 366.31, or 366.32, and 16503 until dependency jurisdiction is terminated pursuant to Section 391.
SEC. 5.Section 366.1 of the Welfare and Institutions Code is amended to read:366.1.Each supplemental report required to be filed pursuant to Section 366 shall include, but not be limited to, a factual discussion of each of the following subjects:
(a)Whether the county welfare department social worker has considered either of the following:
(1)Child protective services, as defined in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9, as a possible solution to the problems at hand, and has offered those services to qualified parents, if appropriate under the circumstances.
(2)Whether the child can be returned to the custody of the childs parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with the childs parent.
(b)What plan, if any, for the return and maintenance of the child in a safe home is recommended to the court by the county welfare department social worker.
(c)Whether the subject child appears to be a person who is eligible to be considered for further court action to free the child from parental custody and control.
(d)What actions, if any, have been taken by the parent to correct the problems that caused the child to be made a dependent child of the court.
(e)If the parent or guardian is unwilling or unable to participate in making an educational decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational decisions for the child, the county welfare department or social worker shall consider whether the right of the parent or guardian to make educational decisions for the child should be limited. If the supplemental report makes that recommendation, the report shall identify whether there is a responsible adult available to make educational decisions for the child pursuant to Section 361.
(f)(1)The health and education of the minor, including a copy of the complete health and education summary, as required under Section 16010, including the name and contact information of the person or persons currently holding the right to make educational decisions for the child.
(2)In instances in which it is determined that disclosure pursuant to paragraph (1) of the contact information of the person or persons currently holding the right to make educational decisions for the child poses a threat to the health and safety of that individual or those individuals, that contact information shall be redacted or withheld from the health and education summary within the supplemental report described in this section.
(g)For a child or nonminor dependent who does not reside with their parents or parents, relatives, or an Indian custodian, the continued efforts and findings continued, efforts, and in the case of an Indian child, the active efforts as defined by subdivision (f) of Section 224.1, that the social worker has made to locate any relatives who are able and willing to take physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child. The social worker shall document the efforts and the results of those efforts.
(h)(1)Whether the child has any siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and the childs siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(2)The factual discussion shall include a discussion of indicators of the nature of the childs sibling relationships, including, but not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(i)(1)For a child who is 10 years of age or older and has been under the jurisdiction of the juvenile court for a year or longer, or a nonminor dependent, either of the following:
(A)For a child in junior high or middle school, either that the child has already received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system while in junior high or middle school or how the county will ensure that the child receives that instruction at least once before completing junior high or middle school if the child remains under the jurisdiction of the juvenile court during that timeframe.
(B)For a child in high school or a nonminor dependent, either that the child has received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system while in high school, or how the county will ensure that the child or nonminor dependent receives that instruction at least once before completing high school if the child remains under the jurisdiction of the juvenile court during that timeframe.
(2)For a child who is 10 years of age or older or a nonminor dependent, whether the social worker or probation officer has done all of the following:
(A)Informed the child or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, abortion, and the prevention and treatment of sexually transmitted infections.
(B)Informed the child or nonminor dependent, in an age and developmentally appropriate manner, of the childs right to consent to sexual and reproductive health services and the childs confidentiality rights regarding those services.
(C)Informed the child or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed.
(3)This subdivision does not affect any applicable confidentiality law.
(4)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subdivision.
(j)(1)For a child who is 16 years of age or older or for a nonminor dependent, whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(2)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subdivision.
(k)Whether a child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer has relationships with individuals other than the childs siblings who are important to the child, consistent with the childs best interests, and actions taken to maintain those relationships. The social worker shall ask every child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer to identify any individuals other than the childs siblings who are important to the child, consistent with the childs best interest. The social worker may ask any other child to provide that information, as appropriate.
(l)The implementation and operation of the amendments to subdivision (j) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
(m)On and after October 1, 2021, for a child whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for a child whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the supplemental report shall include evidence of all of the following:
(1)Ongoing assessment of the strengths and needs of the child that 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 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 628 of the Welfare and Institutions Code is amended to read:628.(a)(1)Upon delivery to the probation officer of a minor who has been taken into temporary custody under the provisions of this article, the probation officer shall immediately investigate the circumstances of the minor and the facts surrounding their being taken into custody and shall immediately release the minor to the custody of their parent, legal guardian, or responsible relative unless it can be demonstrated upon the evidence before the court that continuance in the home is contrary to the minors welfare and one or more of the following conditions exist:
(A)Continued detention of the minor is a matter of immediate and urgent necessity for the protection of the minor or reasonable necessity for the protection of the person or property of another.
(B)The minor is likely to flee the jurisdiction of the court.
(C)The minor has violated an order of the juvenile court.
(2)The probation officers decision to detain a minor who is currently a dependent of the juvenile court pursuant to Section 300 or the subject of a petition to declare the minor a dependent of the juvenile court pursuant to Section 300 and who has been removed from the custody of their parent or guardian by the juvenile court shall not be based on any of the following:
(A)The minors status as a dependent of the juvenile court or as the subject of a petition to declare the minor a dependent of the juvenile court.
(B)A determination that continuance in the minors current placement is contrary to the minors welfare.
(C)The child welfare services departments inability to provide a placement for the minor.
(3)The probation officer shall immediately release a minor described in paragraph (2) to the custody of the child welfare services department or the minors current foster parent or other caregiver unless the probation officer determines that one or more of the conditions in paragraph (1) exist.
(4)This section does not limit a probation officers authority to refer a minor to child welfare services.
(b)If the probation officer has reason to believe that the minor is at risk of entering foster care placement, as defined in paragraphs (1) and (2) of subdivision (d) of Section 727.4, the probation officer shall, as part of the investigation undertaken pursuant to subdivision (a), make reasonable efforts, as described in paragraph (5) of subdivision (d) of Section 727.4, to prevent or eliminate the need for removal of the minor from their home.
(c)In any case in which there is reasonable cause for believing that a minor who is under the care of a physician or surgeon or a hospital, clinic, or other medical facility and cannot be immediately moved is a person described in subdivision (d) of Section 300, the minor shall be deemed to have been taken into temporary custody and delivered to the probation officer for the purposes of this chapter while the minor is at the office of the physician or surgeon or that medical facility.
(d)(1)It is the intent of the Legislature that this subdivision shall comply with paragraph (29) of subsection (a) of Section 671 of Title 42 of the United States Code as added by the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). It is further the intent of the Legislature that the identification and notification of relatives shall be made as early as possible after the removal of a youth who is at risk of entering foster care placement.
(2)If the minor is detained and the probation officer has reason to believe that the minor is at risk of entering foster care placement, as defined in paragraphs (1) and (2) of subdivision (d) of Section 727.4, then the probation officer shall immediately conduct, within 30 days, but not later than 30 days after the child has been detained, an investigation in order to identify and locate all grandparents, adult siblings, and other relatives of the child, as defined in paragraph (2) of subdivision (f) of Section 319, including any other adult relatives suggested by the parents. parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined in Section 224.1. 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. The probation officer shall provide to all adult relatives who are located, except when that relatives history of family or domestic violence makes notification inappropriate, within 30 days of the date on which the child is detained, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
(A)The child has been removed from the custody of the childs parent or parents, or guardians.
(B)An explanation of the various options to participate in the care and placement of the child and support for the childs family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child, how to become a foster family home, approved relative or nonrelative extended family member, as defined in Section 362.7, or resource family home, and additional services and support that are available in out-of-home placements. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), adoption and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. When oral notification is provided, the probation officer is not required to provide detailed information about the various options to help with the care and placement of the child.
(3)(A)The probation officer shall use due diligence in investigating the names and locations of the relatives, including any parent and alleged parent, pursuant to paragraph (2), including, but not limited to, asking the child in an age-appropriate manner about any parent, alleged parent, and relatives important to the child, consistent with the childs best interest, and obtaining information regarding the location of the childs parents, alleged parents, and adult relatives. Each county probation department shall do both of the following:
(i)Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify themselves to the county probation department and be provided with the notices required by paragraphs (1) and (2).
(ii)Notify the State Department of Social Services, on or before January 1, 2024, in an email or other correspondence, whether it has adopted one of the suggested practices for family finding described in All-County Letter 18-42 and, generally, whether the practice has been implemented through training, memoranda, manuals, or comparable documents. If a county probation department has not adopted one of the suggested practices for family finding described in All-County Letter 18-42, the county probation department shall provide a copy to the State Department of Social Services of its existing family finding policies and practices, as reflected in memoranda, handbooks, manuals, training manuals, or any other document, that are in existence prior to January 1, 2022.
(B)The due diligence required under subparagraph (A) shall include family finding. For purposes of this section, family finding means conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, family finding also includes contacting the Indian childs tribe to identify relatives and kin.
(C)The probation officer shall document their efforts, and in the case of an Indian child, the active efforts as defined by subdivision (f) of Section 224.1, and results of those efforts by the probation officer to locate any relatives who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child.
(4)To the extent allowed by federal law as a condition of receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), if the probation officer did not conduct the identification and notification of relatives, as required in paragraph (2), but the court orders foster care placement, the probation officer shall conduct the investigation to find and notify relatives within 30 days of the placement order. Nothing in this section shall be construed to delay foster care placement for an individual child.
SEC. 6.SEC. 7.To the extent that this act has an overall effect of increasing certain 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Upon delivery to the social worker of a child who has been taken into temporary custody under this article, the social worker shall immediately investigate the circumstances of the child and the facts surrounding the childs being taken into custody and attempt to maintain the child with the childs family through the provision of services. The social worker shall immediately release the child to the custody of the childs parent, guardian, Indian custodian, or relative, regardless of the parents, guardians, Indian custodians, or relatives immigration status, unless one or more of the following conditions exist:
(1)The child has no parent, guardian, Indian custodian, or relative willing to provide care for the child.
(2)Continued detention of the child is a matter of immediate and urgent necessity for the protection of the child and there are no reasonable means by which the child can be protected in their home or the home of a relative.
(3)If it is known or there is reason to know the child is an Indian child, the child has been physically removed from the custody of a parent or parents or an Indian custodian, continued detention of the child continues to be necessary to prevent imminent physical damage or harm to the child, and there are no reasonable means by which the child can be protected if maintained in the physical custody of their parent or parents or Indian custodian.
(4)There is substantial evidence that a parent, guardian, or Indian custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
(5)The child has left a placement in which the child was placed by the juvenile court.
(6)The parent or other person having lawful custody of the child voluntarily surrendered physical custody of the child pursuant to Section 1255.7 of the Health and Safety Code and did not reclaim the child within the 14-day period specified in subdivision (g) of that section.
(b)In any case in which there is reasonable cause for believing that a child who is under the care of a physician and surgeon or a hospital, clinic, or other medical facility, cannot be immediately moved, and is a person described in Section 300, the child shall be deemed to have been taken into temporary custody and delivered to the social worker for the purposes of this chapter while the child is at the office of the physician and surgeon or the medical facility.
(c)If the child is not released to their parent or guardian, the child shall be deemed detained for purposes of this chapter.
(d)(1)If a relative, as defined in Section 319, an extended family member of an Indian child, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, is available and requests emergency placement of the child pending the detention hearing, or after the detention hearing and pending the dispositional hearing conducted pursuant to Section 358, the county welfare department shall initiate an assessment of the relatives or nonrelative extended family members suitability for emergency placement pursuant to Section 361.4.
(2)Upon completion of the assessment pursuant to Section 361.4, the child may be placed in the home on an emergency basis. Following the emergency placement of the child, the county welfare department shall evaluate and approve or deny the home pursuant to Section 16519.5. If the home in which the Indian child is placed is licensed or approved by the childs tribe, the provisions of Section 16519.5 do not apply for further approval. The county shall require the relative or nonrelative extended family member to submit an application for approval as a resource family and initiate the home environment assessment no later than five business days after the placement.
(3)If the sole issue preventing an emergency placement of a child with a relative or nonrelative extended family member is a lack of resources, including, but not limited to, physical items such as cribs and car seats, the agency shall use reasonable efforts to assist the relative or nonrelative extended family member in obtaining the necessary items within existing available resources. The department shall work with counties and stakeholders to issue guidance regarding reasonable efforts requirements.
(e)(1)If the child is removed, the social worker shall immediately conduct, within 30 days, but no later than 30 days after the child has been removed, an investigation in order to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling, adult siblings, other adult relatives of the child, as defined in paragraph (2) of subdivision (h) of Section 319, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). 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. The social worker shall provide to all adult relatives who are located, except when that relatives history of family or domestic violence makes notification inappropriate, within 30 days of removal of the child, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
(A)The child has been removed from the custody of their parent or parents, guardian or guardians, or Indian custodian.
(B)An explanation of the various options to participate in the care and placement of the child and support for the childs family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a resource family, and additional services and support that are available in out-of-home placements, and, if it is known or there is reason to know the child is an Indian child, the option of obtaining approval for placement through the tribes license or approval procedure. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), adoption, and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. The State Department of Social Services, in consultation with the County Welfare Directors Association of California and other interested stakeholders, shall develop the written notice.
(2)The social worker shall also provide the adult relatives notified pursuant to paragraph (1) with a relative information form to provide information to the social worker and the court regarding the needs of the child. The form shall include a provision whereby the relative may request the permission of the court to address the court, if the relative so chooses. The Judicial Council, in consultation with the State Department of Social Services and the County Welfare Directors Association of California, shall develop the form.
(3)(A)The social worker shall use due diligence in investigating the names and locations of the relatives, as well as any parent and alleged parent, pursuant to paragraph (1), including, but not limited to, asking the child in an age-appropriate manner about any parent, alleged parent, and relatives important to the child, consistent with the childs best interest, and obtaining information regarding the location of the childs parents, alleged parents, and adult relatives. Each county welfare department shall do both of the following:
(i)Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify themselves to the county welfare department and the county welfare department shall provide parents and relatives with the notices required by paragraphs (1) and (2).
(ii)Notify the State Department of Social Services, on or before January 1, 2024, in an email or other correspondence, whether it has adopted one of the suggested practices for family finding described in All-County Letter 18-42 and, generally, whether the practice has been implemented through training, memoranda, manuals, or comparable documents. If a county welfare department has not adopted one of the suggested practices for family finding described in All-County Letter 18-42, the county welfare department shall provide a copy to the State Department of Social Services of its existing family finding policies and practices, as reflected in memoranda, handbooks, manuals, training manuals, or any other document, that are in existence prior to January 1, 2022.
(B)The due diligence required under subparagraph (A) shall include family finding. For purposes of this section, family finding means conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, family finding also includes contacting the Indian childs tribe to identify relatives and kin.
SEC. 2.Section 319 of the Welfare and Institutions Code is amended to read:319.(a)At the initial petition hearing, the court shall examine the childs parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence as the child, the childs parents or guardians, the childs Indian custodian, the petitioner, the Indian childs tribe, or their counsel desires to present. The court may examine the child, as provided in Section 350.
(b)The social worker shall report to the court on the reasons why the child has been removed from the parents, guardians, or Indian custodians physical custody, the need, if any, for continued detention, the available services and the referral methods to those services that could facilitate the return of the child to the custody of the childs parents, guardians, or Indian custodian, and whether there are what efforts and findings they have made to locate any relatives who are able and willing to take temporary physical custody of the child. child, and the names of any relatives who are able and willing to take temporary physical custody of the child. If it is known or there is reason to know the child is an Indian child, the report shall also include all of the following:
(1)A statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent the imminent physical damage or harm to the child.
(2)The steps taken to provide notice to the childs parents, custodians, and tribe about the hearing pursuant to this section.
(3)If the childs parents and Indian custodians are unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the appropriate Bureau of Indian Affairs regional director.
(4)The residence and the domicile of the Indian child.
(5)If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village.
(6)The tribal affiliation of the child and of the parents or Indian custodians.
(7)A specific and detailed account of the circumstances that caused the Indian child to be taken into temporary custody.
(8)If the child is believed to reside or be domiciled on a reservation in which the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts that have been made and that are being made to contact the tribe and transfer the child to the tribes jurisdiction.
(9)A statement of the efforts that have been taken to assist the parents or Indian custodians so the Indian child may safely be returned to their custody.
(c)The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parents or guardians home is contrary to the childs welfare, and any of the following circumstances exist:
(1)There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the childs physical or emotional health may be protected without removing the child from the parents or guardians physical custody.
(2)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
(3)The child has left a placement in which the child was placed by the juvenile court.
(4)The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home.
(d)If the court knows or there is reason to know the child is an Indian child, the court may only detain the Indian child if it also finds that detention is necessary to prevent imminent physical damage or harm. The court shall state on the record the facts supporting this finding.
(e)(1)If the hearing pursuant to this section is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parents or guardians home is contrary to the childs welfare at the initial petition hearing or order the release of the child from custody.
(2)If the court knows or has reason to know the child is an Indian child, the hearing pursuant to this section may not be continued beyond 30 days unless the court finds all of the following:
(A)Restoring the child to the parent, parents, or Indian custodian would subject the child to imminent physical damage or harm.
(B)The court is unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe.
(C)It is not possible to initiate an Indian child custody proceeding as defined in Section 224.1.
(f)(1)The court shall also make a determination on the record, referencing the social workers report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from their home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be considered for purposes of making this determination are case management, counseling, emergency shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3 of, Chapter 1 (commencing with Section 17000) of Part 5 of, and Chapter 10 (commencing with Section 18900) of Part 6 of, Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention.
(2)If the court knows or has reason to know the child is an Indian child, the court shall also determine whether the county welfare department made active efforts to provide remedial services and rehabilitation programs designed to prevent the breakup of the Indian family. The court shall order the county welfare department to initiate or continue services or programs pending disposition pursuant to Section 358.
(3)If the child can be returned to the custody of their parent, guardian, or Indian custodian through the provision of those services, the court shall place the child with their parent, guardian, or Indian custodian and order that the services shall be provided. If the child cannot be returned to the physical custody of their parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to Section 361.4.
(4)In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of their parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of their parent would pose a substantial danger or would not pose a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child.
(g)If a court orders a child detained, the court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social workers report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the childs welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and their family, if appropriate.
(h)(1)(A)If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days:
(i)The home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, that has been assessed pursuant to Section 361.4.
(ii)The approved home of a resource family, as defined in Section 16519.5, or a home licensed or approved by the Indian childs tribe.
(iii)An emergency shelter or other suitable licensed place.
(iv)A place exempt from licensure designated by the juvenile court.
(B)A youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(C)If the court knows or has reason to know that the child is an Indian child, the Indian child shall be detained in a home that complies with the placement preferences set forth in Section 361.31 and in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), unless the court finds good cause exists pursuant to Section 361.31 not to follow the placement preferences. If the court finds good cause not to follow the placement preferences for detention, this finding does not affect the requirement that a diligent search be made for a subsequent placement within the placement preferences.
(2)Relatives shall be given preferential consideration for placement of the child. As used in this section, relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(3)When placing in the home of a relative, an extended family member, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978, or nonrelative extended family member, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative, extended family member, or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, before ordering that the child be placed with a relative or nonrelative extended family member. The court may authorize the placement of a child on temporary basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment pursuant to Section 361.3 of any relative to be considered for continuing placement.
(i)In the case of an Indian child, any order detaining the child pursuant to this section shall be considered an emergency removal within the meaning of Section 1922 of the federal Indian Child Welfare Act of 1978. The emergency proceeding shall terminate if the child is returned to the custody of the parent, parents, or Indian custodian, the child has been transferred to the custody and jurisdiction of the childs tribe, or the agency or another party to the proceeding recommends that the child be removed from the physical custody of their parent or parents or Indian custodian pursuant to Section 361 or 361.2.
(j)(1)At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:
(A)The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child.
(B)The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking.
(C)The childs educational and developmental services needs cannot be met without the temporary appointment of a responsible adult.
(2)If the court limits the parents educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the childs educational representative before appointing an educational representative or surrogate who is not known to the child.
(3)If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the courts decision shall be consistent with the childs individual program plan and pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services decisions for the child.
(4)A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of disposition orders, additional needed limitation on the parents or guardians educational or developmental services rights shall be addressed pursuant to Section 361.
(5)This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures, as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.
(6)If the court appoints a developmental services decisionmaker pursuant to this section, the developmental services decisionmaker shall have the authority to access the childs information and records pursuant to subdivision (u) of Section 4514 and paragraph (23) of subdivision (a) of Section 5328, and to act on the childs behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order.
(k)For a placement made on or after October 1, 2021, each temporary placement of the child pursuant to subdivision (h) in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
(l)For a placement made on or after July 1, 2022, each temporary placement of the child pursuant to subdivision (h) in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
SEC. 3.Section 358.1 of the Welfare and Institutions Code is amended to read:358.1.Each social study or evaluation made by a social worker or child advocate appointed by the court, required to be received in evidence pursuant to Section 358, shall include, but not be limited to, a factual discussion of each of the following subjects:
(a)Whether the county welfare department or social worker has considered either of the following:
(1)Child protective services, as defined in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9, as a possible solution to the problems at hand, and has offered these services to qualified parents if appropriate under the circumstances.
(2)Whether the child can be returned to the custody of the childs parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with the childs parent.
(b)What plan, if any, for return of the child to the childs parents and for achieving legal permanence for the child if efforts to reunify fail, is recommended to the court by the county welfare department or probation officer.
(c)Whether the best interest of the child will be served by granting reasonable visitation rights with the child to the childs grandparents, in order to maintain and strengthen the childs family relationships.
(d)(1)Whether the child has siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and the childs siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(2)The factual discussion shall include a discussion of indicators of the nature of the childs sibling relationships, including, but not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with another sibling, as applicable, and whether ongoing contact is in the childs best emotional interest.
(e)If the parent or guardian is unwilling or unable to participate in making an educational decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational decisions for the child, the county welfare department or social worker shall consider whether the right of the parent or guardian to make educational decisions for the child should be limited. If the study or evaluation makes that recommendation, it shall identify whether there is a responsible adult available to make educational decisions for the child pursuant to Section 361.
(f)Whether the child appears to be a person who is eligible to be considered for further court action to free the child from parental custody and control.
(g)Whether the parent has been advised of the childs option to participate in adoption planning, including the option to enter into a postadoption contact agreement as described in Section 8616.5 of the Family Code, and to voluntarily relinquish the child for adoption if an adoption agency is willing to accept the relinquishment.
(h)The efforts and findings that the social worker has made to locate any relatives who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child.
(h)(i)The appropriateness of any relative placement pursuant to Section 361.3. However, this consideration may not be cause for continuance of the dispositional hearing.
(i)(j)Whether the caregiver desires, and is willing, to provide legal permanency for the child if reunification is unsuccessful.
(j)(k)For an Indian child, in consultation with the Indian childs tribe, whether tribal customary adoption is an appropriate permanent plan for the child if reunification is unsuccessful.
(k)(l)On and after the date that the director executes a declaration pursuant to Section 11217, whether the child has been placed in an approved relatives home under a voluntary placement agreement for a period not to exceed 180 days, the parent or guardian is not interested in additional family maintenance or family reunification services, and the relative desires and is willing to be appointed the childs legal guardian.
(l)(m)For a placement made on or after October 1, 2021, if the child has been placed in a short-term residential therapeutic program, the social study shall include the information specified in subdivision (c) of Section 361.22.
(m)(n)For a placement made on or after July 1, 2022, if the child has been placed in a community treatment facility, the social study shall include the information specified in subdivision (c) of Section 361.22.
SEC. 4.Section 366 of the Welfare and Institutions Code is amended to read:366.(a)(1)The status of every dependent child in foster care shall be reviewed periodically as determined by the court but no less frequently than once every six months, as calculated from the date of the original dispositional hearing, until the hearing described in Section 366.26 is completed. The court shall consider the safety of the child and shall determine all of the following:
(A)The continuing necessity for and appropriateness of the placement. If the child or nonminor dependent is placed in a short-term residential therapeutic program on or after October 1, 2021, or placed in 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.
(B)For children and nonminor dependents in out-of-home care, whether the social worker has continued efforts to locate any relatives who are able and willing to take physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child.
(B)(C)The extent of the agencys compliance with the case plan in making reasonable efforts, or, in the case of a child 16 years of age or older with another planned permanent living arrangement, the ongoing and intensive efforts, to return the child to a safe home and to complete any steps necessary to finalize the permanent placement of the child, including efforts to maintain relationships between a child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer, and individuals other than the childs siblings who are important to the child, consistent with the childs best interests. Where it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, the court shall also determine whether the agency has made active efforts, as defined in Section 224.1 and as described in Section 361.7, to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family.
(C)(D)Whether there should be any limitation on the right of the parent, guardian, or Indian custodian to make educational decisions or developmental services decisions for the child. That limitation shall be specifically addressed in the court order and shall not exceed those necessary to protect the child. Whenever the court specifically limits the right of the parent, guardian, or Indian custodian to make educational decisions or developmental services decisions for the child, the court shall at the same time appoint a responsible adult to make educational decisions or developmental services decisions for the child pursuant to Section 361.
(D)(E)(i)Whether the child has other siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(I)The nature of the relationship between the child and the childs siblings.
(II)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(III)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(IV)If the siblings are not placed together, all of the following:
(ia)The frequency and nature of the visits between the siblings.
(ib)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(ic)If there are visits between the siblings, a description of the location and length of the visits.
(id)Any plan to increase visitation between the siblings.
(V)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(VI)The continuing need to suspend sibling interaction, if applicable, pursuant to subdivision (c) of Section 16002.
(ii)The factors the court may consider in making a determination regarding the nature of the childs sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(E)(F)The extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care.
(F)(G)(i)For a child who is 10 years of age or older, is in junior high, middle, or high school, and has been under the jurisdiction of the juvenile court for a year or longer, or a nonminor dependent, whether the social worker or probation officer has verified that the child or nonminor dependent has received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system or has ensured that the child will receive the instruction.
(ii)For a child or nonminor dependent described in clause (i), whether the social worker or probation officer has done all of the following:
(I)Informed the child or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, abortion, and the prevention and treatment of sexually transmitted infections.
(II)Informed the child or nonminor dependent, in an age and developmentally appropriate manner, of the childs right to consent to sexual and reproductive health services and the childs confidentiality rights regarding those services.
(III)Informed the child or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed.
(iii)This subparagraph does not affect any applicable confidentiality law.
(iv)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(G)(H)(i)For a child who is 16 years of age or older or for a nonminor dependent, whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(ii)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(H)(I)If the review hearing is the last review hearing to be held before the child attains 18 years of age, the court shall conduct the hearing pursuant to Section 366.31 or 366.32.
(2)The court shall project a likely date by which the child may be returned to and safely maintained in the home or placed for adoption, tribal customary adoption in the case of an Indian child, legal guardianship, placed with a fit and willing relative, or in another planned permanent living arrangement.
(b)Subsequent to the hearing, periodic reviews of each child in foster care shall be conducted pursuant to the requirements of Sections 366.3 and 16503.
(c)If the child has been placed out of state, each review described in subdivision (a) and any reviews conducted pursuant to Sections 366.3 and 16503 shall also address whether the out-of-state placement continues to be the most appropriate placement selection and in the best interests of the child.
(d)(1)A review described in subdivision (a) and any reviews conducted pursuant to Sections 366.3 and 16503 shall not result in a placement of a child outside the United States prior to a judicial finding that the placement is in the best interest of the child, except as required by federal law or treaty.
(2)The party or agency requesting placement of the child outside the United States shall carry the burden of proof and must show, by clear and convincing evidence, that a placement outside the United States is in the best interest of the child.
(3)In determining the best interest of the child, the court shall consider, but not be limited to, the following factors:
(A)Placement with a relative.
(B)Placement of siblings in the same home.
(C)Amount and nature of any contact between the child and the potential guardian or caretaker.
(D)Physical and medical needs of the dependent child.
(E)Psychological and emotional needs of the dependent child.
(F)Social, cultural, and educational needs of the dependent child.
(G)Specific desires of any dependent child who is 12 years of age or older.
(4)If the court finds that a placement outside the United States is, by clear and convincing evidence, in the best interest of the child, the court may issue an order authorizing the social worker or placing agency to make a placement outside the United States. A child subject to this subdivision shall not leave the United States prior to the issuance of the order described in this paragraph.
(5)For purposes of this subdivision, outside the United States shall not include the lands of any federally recognized American Indian tribe or Alaskan Natives.
(6)This section shall not apply to the placement of a dependent child with a parent.
(e)(1)On and after July 1, 2021, a child shall not be placed or remain in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, unless the placement is ordered or approved pursuant to Section 361.21.
(2)Notwithstanding any other law, on and after July 1, 2022, a child shall not be placed by a county child welfare agency in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, except for placements described in subdivision (h) of Section 7911.1 of the Family Code.
(3)Notwithstanding any other law, a child who is placed in an out-of-state residential facility by a county child welfare agency shall not remain in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, after January 1, 2023.
(f)The status review of every nonminor dependent, as defined in subdivision (v) of Section 11400, shall be conducted pursuant to the requirements of Sections 366.3, 366.31, or 366.32, and 16503 until dependency jurisdiction is terminated pursuant to Section 391.
SEC. 5.Section 366.1 of the Welfare and Institutions Code is amended to read:366.1.Each supplemental report required to be filed pursuant to Section 366 shall include, but not be limited to, a factual discussion of each of the following subjects:
(a)Whether the county welfare department social worker has considered either of the following:
(1)Child protective services, as defined in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9, as a possible solution to the problems at hand, and has offered those services to qualified parents, if appropriate under the circumstances.
(2)Whether the child can be returned to the custody of the childs parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with the childs parent.
(b)What plan, if any, for the return and maintenance of the child in a safe home is recommended to the court by the county welfare department social worker.
(c)Whether the subject child appears to be a person who is eligible to be considered for further court action to free the child from parental custody and control.
(d)What actions, if any, have been taken by the parent to correct the problems that caused the child to be made a dependent child of the court.
(e)If the parent or guardian is unwilling or unable to participate in making an educational decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational decisions for the child, the county welfare department or social worker shall consider whether the right of the parent or guardian to make educational decisions for the child should be limited. If the supplemental report makes that recommendation, the report shall identify whether there is a responsible adult available to make educational decisions for the child pursuant to Section 361.
(f)(1)The health and education of the minor, including a copy of the complete health and education summary, as required under Section 16010, including the name and contact information of the person or persons currently holding the right to make educational decisions for the child.
(2)In instances in which it is determined that disclosure pursuant to paragraph (1) of the contact information of the person or persons currently holding the right to make educational decisions for the child poses a threat to the health and safety of that individual or those individuals, that contact information shall be redacted or withheld from the health and education summary within the supplemental report described in this section.
(g)For a child or nonminor dependent who does not reside with their parents or relatives, the continued efforts and findings that the social worker has made to locate any relatives who are able and willing to take physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child.
(g)(h)(1)Whether the child has any siblings under the courts jurisdiction, and, if any siblings exist, all of the following:
(A)The nature of the relationship between the child and the childs siblings.
(B)The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C)If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D)If the siblings are not placed together, all of the following:
(i)The frequency and nature of the visits between the siblings.
(ii)If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii)If there are visits between the siblings, a description of the location and length of the visits.
(iv)Any plan to increase visitation between the siblings.
(E)The impact of the sibling relationships on the childs placement and planning for legal permanence.
(2)The factual discussion shall include a discussion of indicators of the nature of the childs sibling relationships, including, but not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the childs best emotional interests.
(h)(i)(1)For a child who is 10 years of age or older and has been under the jurisdiction of the juvenile court for a year or longer, or a nonminor dependent, either of the following:
(A)For a child in junior high or middle school, either that the child has already received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system while in junior high or middle school or how the county will ensure that the child receives that instruction at least once before completing junior high or middle school if the child remains under the jurisdiction of the juvenile court during that timeframe.
(B)For a child in high school or a nonminor dependent, either that the child has received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system while in high school, or how the county will ensure that the child or nonminor dependent receives that instruction at least once before completing high school if the child remains under the jurisdiction of the juvenile court during that timeframe.
(2)For a child who is 10 years of age or older or a nonminor dependent, whether the social worker or probation officer has done all of the following:
(A)Informed the child or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, abortion, and the prevention and treatment of sexually transmitted infections.
(B)Informed the child or nonminor dependent, in an age and developmentally appropriate manner, of the childs right to consent to sexual and reproductive health services and the childs confidentiality rights regarding those services.
(C)Informed the child or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed.
(3)This subdivision does not affect any applicable confidentiality law.
(4)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subdivision.
(i)(j)(1)For a child who is 16 years of age or older or for a nonminor dependent, whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(2)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subdivision.
(j)(k)Whether a child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer has relationships with individuals other than the childs siblings who are important to the child, consistent with the childs best interests, and actions taken to maintain those relationships. The social worker shall ask every child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer to identify any individuals other than the childs siblings who are important to the child, consistent with the childs best interest. The social worker may ask any other child to provide that information, as appropriate.
(k)(l)The implementation and operation of the amendments to subdivision (j) enacted at the 200506 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
(l)(m)On and after October 1, 2021, for a child whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for a child whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the supplemental report shall include evidence of all of the following:
(1)Ongoing assessment of the strengths and needs of the child that 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 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.To the extent that this act has an overall effect of increasing certain 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
REVISIONS: HeadingLine 2.|
Date
|
Status
|
|---|---|
| Jan 30, 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 3383.). |
| 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 2646.). |
| 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 13, 2023 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 12, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (July 11). |
| Jul 5, 2023 | From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 3). Re-referred to Com. on JUD. |
| Jun 14, 2023 | Referred to Coms. on HUMAN S. and JUD. |
| Jun 1, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1981.) |
| 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 26, 2023 | In committee: Hearing postponed by committee. |
| Mar 28, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (March 28). Re-referred to Com. on APPR. |
| Mar 22, 2023 | Re-referred to Com. on JUD. |
| Mar 21, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. |
| Mar 14, 2023 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (March 14). Re-referred to Com. on JUD. |
| Mar 14, 2023 | Coauthors revised. |
| Feb 17, 2023 | Referred to Coms. on HUM. S. and JUD. |
| Feb 7, 2023 | From printer. May be heard in committee March 9. |
| Feb 6, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | AB 448 Juan Carrillo Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 12, 2023 | Assembly 3rd Reading AB448 Juan Carrillo et al. By Ashby | 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 11, 2023 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| Jul 3, 2023 | Do pass, but first be re-referred to the Committee on [Judiciary] with the recommendation: To Consent Calendar | Senate Standing Committee on Human Services |
Passed |
|
| May 31, 2023 | AB 448 Juan Carrillo Assembly Third Reading | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 28, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Judiciary |
Passed |
|
| Mar 14, 2023 | Do pass and be re-referred to the Committee on [Judiciary] | Assembly Standing Committee on Human Services |
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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| All Of Us Or None Orange County | ** Support | |
| Alliance for Children's Rights | ** Support | |
| Aouon Orange County | ** Support | |
| California Alliance of Caregivers | ** Support | |
| California Judges Association | ** Support | |
| California Tribal Families Coalition | ** Support | |
| Children'S Law Center Of California | ** Support | |
| Children's Legal Services of San Diego | ** Support | |
| Coalition of California Welfare Rights Organizations | * Support | Mar 14, 2023 |
| Dependency Advocacy Center | ** Support | |
| Dependency Legal Services | ** Support | |
| John Burton Advocates for Youth | ** Support | |
| Juvenile Court Judges of California | ** Support | |
| Los Angeles Dependency Lawyers, Inc. | ** Support | |
| Public Counsel | ** Support | |
| Starting Over, Inc. | ** Support | |
| The Law Offices of Dale S. Wilson | ** Support | |
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GOVERNOR'S VETO
GV Bill Id:AB 448
Author:(Juan Carrillo)
As Enrolled Ver:September 18, 2023
2/3 vote
SUMMARY
Requires a social worker and/or probation officer to immediately conduct, but no later than 30 days after the child has been removed, an investigation in order to identify and locate all relatives of the child, and to document their efforts to the court, and in the case of an Indian child, the active efforts and results of those efforts to locate relatives or kin. Adds requirements for social workers and probation officers to document their efforts and results to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent.
Senate amendments
- Clarified that as part of the requirement to locate relatives of a child or nonminor dependent who has been removed from their home, in addition to finding a possible placement, the social worker/probation officer can also seek family or kin who can provide family support.
- Conformed to the definition of "family finding" by adding "kin" to the list of people social workers/probation officers are required to identify.
- Made technical changes to prevent chaptering conflicts with SB 578 (Ashby) and AB 81 (Ramos), both of the current legislative session
Governor’s Veto Message
This bill would require a social worker to conduct a family-finding investigation to identify and locate adult relatives within 30 days after a child has been taken into temporary custody and would make changes to reporting and documentation requirements for social workers and probation officers.
My Administration recognizes the value of keeping children connected to their biological and extended families. Children placed with family members have greater placement stability, fewer emotional and behavioral problems, and more connection to their social-cultural communities. Existing law already requires that, if a child is removed from their home, the social worker or probation officer must, within 30 days, investigate to identify adult relatives of the child.
Last year's Budget Act allocated $150 million General Fund for the Excellence in Family Finding, Engagement, and Support Program, which supports culturally responsive, family-centered, and trauma-informed family-finding and engagement services that focus on maintaining permanent connections for foster children with their family members. The new documentation requirements in this bill would result in ongoing .General Fund costs of over $6 million to support the increased administrative workload for county child welfare agencies and county probation departments. Though this policy has merit, its costs must be considered as part of the annual budget process.
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
Continuum of Care Reform (CCR). Beginning in 2015, California enacted legislation, known as CCR, to improve placement and treatment options for youth in foster care. AB 403 (Stone), Chapter 773, Statutes of 2015, sponsored by the California Department of Social Services (CDSS), sought to improve outcomes for children and youth served by the child welfare services (CWS) system by working to ensure that foster youth have their day-to-day physical, mental, and emotional needs met, that they have the opportunity to grow up in permanent and supportive homes, and have the opportunities necessary to become self-sufficient and successful adults. CCR also sought to reduce the use of congregate care as a frequently used placement option for youth, as data have demonstrated that youth placed in congregate care settings experience poorer outcomes than youth placed in family settings.
As part of the reforms set forth by CCR, the Resource Family Approval (RFA) process was established. The RFA process is a unified, family-friendly, and child-centered process that combines elements of foster parent licensing, relative approval, and adoption/guardianship approval processes. The RFA process includes a psychosocial assessment, home environment check, and training for all resource families (formerly known as foster families), including relatives, in order to ensure that caregivers are equipped to best meet the needs of youth in foster care. RFA is also a route to direct permanency for caregivers who wish to adopt or be guardians of youth in care, as the RFA process includes elements required by both the adoption and guardianship processes. Existing law requires the juvenile court, during the dispositional hearing for a dependent child, to make a finding that the child's social worker has exercised due diligence in identifying, locating and notifying the child's relatives. Effective January 1, 2017, all new relative home placements were required to meet RFA standards and counties are encouraged to consider the likelihood that a relative will be able to meet those standards when evaluating that possibility. Existing law also provides for a process to place with a relative, either on an emergency basis or based on a compelling reason, prior to full RFA approval.
Family finding and due diligence. It has long been the goal of the CWS system to preserve familial ties whenever possible. Under certain circumstances, family maintenance services are provided to families in order to prevent the removal of children from their parents' home, including family therapy, parenting classes, or substance use treatment. However, in instances when a youth is removed from the custody of their parents and placed temporarily in an out-of-home placement through the foster care system, county social workers are required to locate any relatives or nonrelative extended family members (NREFMs) who may serve as caregivers to the youth.
Data from the California Child Welfare Indicators Project show that in October 2021, the total number of all children in foster care for 24 months or longer, including foster children 18 years of age and older and foster children living with relatives, was 27,475, or 46% of all children in foster care.
Existing law defines "family finding" to mean conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child, as defined, "family finding" also includes contacting the Indian child's tribe to identify relatives and kin.
Intensive family finding and engagement can be used by counties to identify possible relative or NREFM placements for children and youth currently placed in group homes, potentially allowing those children and youth to step down to a home-based care setting, consistent with the goals of CCR. Counties are also urged to seek out the practice of family finding and engagement above and beyond the statutorily required relative finding, to be used when opening a case as a way to identify the best possible placement for the child or youth.
This bill requires social workers and probation officers, in the case of an Indian child, to document the active efforts, as defined in existing law, and results of those efforts by the social worker and/or probation officer to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
Existing law defines "active efforts" to mean affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with their family. If an agency is involved in an Indian child custody proceeding, active efforts involve assisting the parent, parents, or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case plan. To the maximum extent possible, active efforts are required to be provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child's tribe and to be conducted in partnership with the Indian child and the Indian child's parents, extended family members, Indian custodians, and tribe. Active efforts should be tailored to the facts and circumstances of the case.
Research shows that children placed with their own relatives and extended family members have greater placement stability, fewer emotional and behavioral problems, and more connections to their biological families and social-cultural communities. The Budget Act of 2022 allocated $150 million from the General Fund in one-time funding, available for expenditure through June 30, 2027, for the purposes of participation in the Excellence in Family Finding, Engagement, and Support (EFFES) Program and the provisions available to support implementation through the establishment of The Center for Excellence in Family Finding, Engagement, and Support (CFE).
In furtherance of these goals, CDSS has contracted with University of California, Davis to launch CFE to support efforts to keep children and youth connected to their biological and extended families and will provide multi-tiered, culturally appropriate training and technical assistance such as conducting evidence-based, organization-specific assessments of implementation activities, and strengthening trauma-informed practices and programs related to family finding and engagement.
CFE will provide training and technical assistance for counties and tribes that have opted to participate in the EFFES program. Specialized trainings and support will be available to county welfare agencies, probation departments, participating tribes, and foster care providers to enhance their practices, policies, and efforts for family finding, support, and engagement. CFE will also provide training on how to engage children and young people in the family finding process. All trainings will utilize family finding and engagement and permanency subject matter experts.
According to the Author
"It is estimated that in California, there are nearly 60,000 children in foster care, and nearly 50% are Latino. Children in foster care have experienced abuse, neglect, and other adverse childhood experiences that can negatively impact their health. In fact, according to statistics, half of all kids in foster care have endured four or more adverse childhood experiences. However, young people can and do recover from trauma, reunite with family members, and thrive because researchers found that children placed with relatives were more likely to remain in their same neighborhood, be placed with siblings, and have consistent contact with their birth parents than other children in foster care.
"A 2008 study in the Archives of Pediatric and Adolescent Medicine found that children placed into kinship care had fewer behavioral problems three years after placement than children placed into foster care. [This bill] will build upon California's work to connect youth in foster care with family. By requiring documentation of family finding efforts in court reports, all parties involved in the child welfare case (attorneys, judicial officers) will have the information necessary to facilitate meaningful and ongoing connections between the youth and their family."
Arguments in Support
The Alliance for Children's Rights writes in support that, "Delay in relative engagement often means that a relative will not be selected as placement for the child. Fact finding hearings can sometimes take months to complete with placement decisions at times taking over a year. During this time, the child is living with a family and developing strong connections to that family all while a relative may have a home ready and waiting for the child. [This bill] seeks to avoid these unnecessary delays by ensuring all parties involved in a child welfare case (attorneys and judicial officers) have the information necessary to facilitate meaningful and ongoing connections between the youth and their family."
Arguments in Opposition
No opposition on file
FISCAL COMMENTS
According to the Senate Appropriations Committee on August 14, 2023:
- The California Department of Social Services estimates ongoing local assistance costs of $8.4 million ($6.1 million General Fund and $2.3 million federal funds) for the increased administrative workload for county child welfare departments and probation departments associated with the requirements for additional documentation of family finding efforts.
- To the extent the bill increases county costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment, the bill would apply to local agencies only to the extent that the state provides annual funding for the cost increases. Some costs to counties for administration may be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
VOTES
ASM HUMAN SERVICES: 8-0-0
YES: Jackson, Sanchez, Alanis, Arambula, Bonta, Bryan, Calderon, Garcia
ASM JUDICIARY: 9-0-2
YES: Maienschein, Essayli, Connolly, Haney, Pacheco, Papan, Reyes, Robert Rivas, Sanchez
ABS, ABST OR NV: Dixon, Kalra
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: 79-0-1
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, 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, 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: Essayli
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: 80-0-0
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: Jessica Langtry / HUM. S. / (916) 319-2089 FN: 0002514
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 448
Author:(Juan Carrillo)
As Amended Ver:September 8, 2023
Majority vote
SUMMARY
Requires a social worker and/or probation officer to immediately conduct, but no later than 30 days after the child has been removed, an investigation in order to identify and locate all relatives of the child, and to document their efforts to the court, and in the case of an Indian child, the active efforts and results of those efforts to locate relatives or kin. Adds requirements for social workers and probation officers to document their efforts and results to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent.
Senate Amendments
- Clarify that as part of the requirement to locate relatives of a child or nonminor dependent who has been removed from their home, in addition to finding a possible placement, the social worker/probation officer can also seek family or kin who can provide family support.
- Conform to the definition of "family finding" by adding "kin" to the list of people social workers/probation officers are required to identify.
- Make technical changes to prevent chaptering conflicts with SB 578 (Ashby) and AB 81 (Ramos), both of the current legislative session.
COMMENTS
Continuum of Care Reform (CCR). Beginning in 2015, California enacted legislation, known as CCR, to improve placement and treatment options for youth in foster care. AB 403 (Stone), Chapter 773, Statutes of 2015, sponsored by the California Department of Social Services (CDSS), sought to improve outcomes for children and youth served by the child welfare services (CWS) system by working to ensure that foster youth have their day-to-day physical, mental, and emotional needs met, that they have the opportunity to grow up in permanent and supportive homes, and have the opportunities necessary to become self-sufficient and successful adults. CCR also sought to reduce the use of congregate care as a frequently used placement option for youth, as data have demonstrated that youth placed in congregate care settings experience poorer outcomes than youth placed in family settings.
As part of the reforms set forth by CCR, the Resource Family Approval (RFA) process was established. The RFA process is a unified, family-friendly, and child-centered process that combines elements of foster parent licensing, relative approval, and adoption/guardianship approval processes. The RFA process includes a psychosocial assessment, home environment check, and training for all resource families (formerly known as foster families), including relatives, in order to ensure that caregivers are equipped to best meet the needs of youth in foster care. RFA is also a route to direct permanency for caregivers who wish to adopt or be guardians of youth in care, as the RFA process includes elements required by both the adoption and guardianship processes. Existing law requires the juvenile court, during the dispositional hearing for a dependent child, to make a finding that the child's social worker has exercised due diligence in identifying, locating and notifying the child's relatives. Effective January 1, 2017, all new relative home placements were required to meet RFA standards and counties are encouraged to consider the likelihood that a relative will be able to meet those standards when evaluating that possibility. Existing law also provides for a process to place with a relative, either on an emergency basis or based on a compelling reason, prior to full RFA approval.
Family finding and due diligence. It has long been the goal of the CWS system to preserve familial ties whenever possible. Under certain circumstances, family maintenance services are provided to families in order to prevent the removal of children from their parents' home, including family therapy, parenting classes, or substance use treatment. However, in instances when a youth is removed from the custody of their parents and placed temporarily in an out-of-home placement through the foster care system, county social workers are required to locate any relatives or nonrelative extended family members (NREFMs) who may serve as caregivers to the youth.
Data from the California Child Welfare Indicators Project show that in October 2021, the total number of all children in foster care for 24 months or longer, including foster children 18 years of age and older and foster children living with relatives, was 27,475, or 46% of all children in foster care.
Existing law defines "family finding" to mean conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child, as defined, "family finding" also includes contacting the Indian child's tribe to identify relatives and kin.
Intensive family finding and engagement can be used by counties to identify possible relative or NREFM placements for children and youth currently placed in group homes, potentially allowing those children and youth to step down to a home-based care setting, consistent with the goals of CCR. Counties are also urged to seek out the practice of family finding and engagement above and beyond the statutorily required relative finding, to be used when opening a case as a way to identify the best possible placement for the child or youth.
This bill requires social workers and probation officers, in the case of an Indian child, to document the active efforts, as defined in existing law, and results of those efforts by the social worker and/or probation officer to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
Existing law defines "active efforts" to mean affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with their family. If an agency is involved in an Indian child custody proceeding, active efforts involve assisting the parent, parents, or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case plan. To the maximum extent possible, active efforts are required to be provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child's tribe and to be conducted in partnership with the Indian child and the Indian child's parents, extended family members, Indian custodians, and tribe. Active efforts should be tailored to the facts and circumstances of the case.
Research shows that children placed with their own relatives and extended family members have greater placement stability, fewer emotional and behavioral problems, and more connections to their biological families and social-cultural communities. The Budget Act of 2022 allocated $150 million from the General Fund in one-time funding, available for expenditure through June 30, 2027, for the purposes of participation in the Excellence in Family Finding, Engagement, and Support (EFFES) Program and the provisions available to support implementation through the establishment of The Center for Excellence in Family Finding, Engagement, and Support (CFE).
In furtherance of these goals, CDSS has contracted with University of California, Davis to launch CFE to support efforts to keep children and youth connected to their biological and extended families and will provide multi-tiered, culturally appropriate training and technical assistance such as conducting evidence-based, organization-specific assessments of implementation activities, and strengthening trauma-informed practices and programs related to family finding and engagement.
CFE will provide training and technical assistance for counties and tribes that have opted to participate in the EFFES program. Specialized trainings and support will be available to county welfare agencies, probation departments, participating tribes, and foster care providers to enhance their practices, policies, and efforts for family finding, support, and engagement. CFE will also provide training on how to engage children and young people in the family finding process. All trainings will utilize family finding and engagement and permanency subject matter experts.
According to the Author
"It is estimated that in California, there are nearly 60,000 children in foster care, and nearly 50% are Latino. Children in foster care have experienced abuse, neglect, and other adverse childhood experiences that can negatively impact their health. In fact, according to statistics, half of all kids in foster care have endured four or more adverse childhood experiences. However, young people can and do recover from trauma, reunite with family members, and thrive because researchers found that children placed with relatives were more likely to remain in their same neighborhood, be placed with siblings, and have consistent contact with their birth parents than other children in foster care.
"A 2008 study in the Archives of Pediatric and Adolescent Medicine found that children placed into kinship care had fewer behavioral problems three years after placement than children placed into foster care. [This bill] will build upon California's work to connect youth in foster care with family. By requiring documentation of family finding efforts in court reports, all parties involved in the child welfare case (attorneys, judicial officers) will have the information necessary to facilitate meaningful and ongoing connections between the youth and their family."
Arguments in Support
The Alliance for Children's Rights writes in support that, "Delay in relative engagement often means that a relative will not be selected as placement for the child. Fact finding hearings can sometimes take months to complete with placement decisions at times taking over a year. During this time, the child is living with a family and developing strong connections to that family all while a relative may have a home ready and waiting for the child. [This bill] seeks to avoid these unnecessary delays by ensuring all parties involved in a child welfare case (attorneys and judicial officers) have the information necessary to facilitate meaningful and ongoing connections between the youth and their family."
Arguments in Opposition
No opposition on file
FISCAL COMMENTS
According to the Senate Appropriations Committee on August 14, 2023:
- The California Department of Social Services estimates ongoing local assistance costs of $8.4 million ($6.1 million General Fund and $2.3 million federal funds) for the increased administrative workload for county child welfare departments and probation departments associated with the requirements for additional documentation of family finding efforts.
- To the extent the bill increases county costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment, the bill would apply to local agencies only to the extent that the state provides annual funding for the cost increases. Some costs to counties for administration may be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
VOTES:
ASM HUMAN SERVICES: 8-0-0
YES: Jackson, Sanchez, Alanis, Arambula, Bonta, Bryan, Calderon, Garcia
ASM JUDICIARY: 9-0-2
YES: Maienschein, Essayli, Connolly, Haney, Pacheco, Papan, Reyes, Robert Rivas, Sanchez
ABS, ABST OR NV: Dixon, Kalra
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: 79-0-1
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, 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, 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: Essayli
UPDATED
VERSION: September 8, 2023
CONSULTANT: Jessica Langtry / HUM. S. / (916) 319-2089 FN: 0002358
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 448 |
THIRD READING
Bill No: AB 448
Author: Juan Carrillo (D), et al.
Amended: 9/8/23 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE: 5-0, 7/3/23
AYES: Alvarado-Gil, Ochoa Bogh, Hurtado, Menjivar, Wahab
SENATE JUDICIARY COMMITTEE: 11-0, 7/11/23
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Niello, Stern, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
ASSEMBLY FLOOR: 79-0, 5/31/23 - See last page for vote
SUBJECT: Juveniles: relative placement: family finding
SOURCE: Children’s Law Center of California
DIGEST:
This bill provides that at the detention hearing, the initial petition hearing, status review hearings and all supplemental reports, the social worker’s report to the court shall contain documentation of their efforts to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
Senate Floor Amendments of 9/8/23 add double jointing language with AB 81 (Ramos) and SB 578 (Ashby).
ANALYSIS:
Existing law:
- Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk of abuse and neglect or have been abused or neglected, as specified. (WIC 202)
- States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
- States the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible and to reunify a foster youth with their biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (WIC 16000)
- Requires a county to file a petition to the court requesting a detention hearing within 48 hours of placing a child under temporary custody to determine whether a child should remain in custody and whether any specific court permissions are necessary to provide for the health and safety of the child. (WIC 313 and 319)
- Requires, if a child is removed, the social worker to conduct, within 30 days an investigation in order to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling, adult siblings, other adult relatives of the child, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know. (WIC 309(e)(1))
- Requires a social worker to use due diligence in investigating the names and locations of the relatives, as well as any parent and alleged parents, and requires each county welfare department to do both of the following:
- Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify themselves to the county welfare department and requires the county welfare department to provide parents and relatives with specified notices; and,
- Notify the California Department of Social Services (CDSS), on or before January 1, 2024, in an email or other correspondence, whether it has adopted one of the suggested practices for family finding and, generally, whether the practice has been implemented. Requires, if a county welfare department has not adopted one of the suggested practices for family finding, the county welfare department to provide a copy to CDSS of its existing family finding policies and practices, as reflected in memoranda, handbooks, manuals, training manuals, or any other document. (WIC 309(e)(3))
- Defines “family finding” to mean conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child, as defined “family finding” also includes contacting the Indian child’s tribe to identify relatives and kin. (WIC 309(e)(3)(B))
- Requires preferential consideration be given to a request by a relative to have the child placed with the relative if the child has been removed from the physical custody of the child's parent(s). (WIC 361.3(a))
- Requires the juvenile court to make full consideration of the proximity of a child’s natural parents to the potential foster care placement of that child in order to facilitate visitation and family reunification, and if possible, for the placement to be made in the home of a relative, unless the placement would not be in the best interest of the child. (FAM 7950(a))
This bill:
- Provides that at the detention hearing the social worker’s report to the court shall contain documentation of their efforts to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
- Provides that at the initial petition hearing the social worker’s report to the court shall contain documentation of their efforts to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
- Provides that at the status review hearing the social worker’s report to the court shall contain documentation of their efforts to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
- Provides that all supplemental social worker reports to the court shall contain documentation of their efforts to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
- Contains double jointing language with AB 81 (Ramos) and SB 578 (Ashby).
Comments
According to the author, “It is estimated that in California, there are nearly 60,000 children in foster care, and nearly 50% are Latino. Children in foster care have experienced abuse, neglect, and other adverse childhood experiences that can negatively impact their health. In fact, according to statistics, half of all kids in foster care have endured four or more adverse childhood experiences. However, young people can and do recover from trauma, reunite with family members, and thrive because researchers found that children placed with relatives were more likely to remain in their same neighborhood, be placed with siblings, and have consistent contact with their birth parents than other children in foster care. A 2008 study in the Archives of Pediatric and Adolescent Medicine found that children placed into kinship care had fewer behavioral problems three years after placement than children placed into foster care.”
Child Welfare Services (CWS) The CWS system is an essential component of the state’s safety net. Social workers in each county receive reports of abuse or neglect, and work to investigate and resolve those reports. When a case is substantiated, a family is either provided with services to ensure a child’s wellbeing and avoid court involvement, or a child is removed from the family and placed into foster care. In 2022, the state’s child welfare agencies received 440,212 reports of abuse or neglect. Of these, 51,806 reports contained allegations that were substantiated and 19,953 children were removed from their homes and placed into foster care via the CWS system.
After the county child welfare department becomes involved with families, approximately 12 months of services are provided to children who are able to remain safely in their home while the family receives services. This is considered family preservation services and the child does not come under the jurisdiction of the juvenile dependency court during this time.
If it is determined that a child cannot remain in the home, even with family preservation and support services, the child comes under the jurisdiction of the county’s juvenile dependency court while the family is served by a CWS system social worker. This system seeks to ensure the safety and protection of these children, and where possible, preserve and strengthen families through visitation and family reunification. It is the state’s goal to reunify a foster child or youth with their biological family whenever possible.
Generally, if a child cannot be safely returned home after the time allotted for reunification services ends, the court terminates the parental rights of the child’s parents. The child’s case plan then focuses on permanency services, in an effort to connect the child to a permanent placement through adoption or guardianship. If an adoption or guardianship is not established, a child may remain in long-term foster care. The child is always supposed to be placed in the most family like setting, with short-term residential treatment programs used only as necessary to provide intensive services. A child remains eligible for services for the length of their time in the child welfare system; time limits relate to the provision of services to the child’s parents.
Family Placement Kinship care refers to care of a child by relatives. According to the Child Welfare Information Gateway, a government organization providing information and tools for improving child welfare practice, kinship care is the preferred option in most U.S. child welfare systems because it is the least restrictive, most family like placement for children. They further note, children in kinship care environments have fewer disruptions and overall better permanency outcomes than children in non-familial placements.
The Juvenile Law Center writes, “Kinship care must be sought more frequently and be a top priority for Black and Native families and other communities in the child welfare system that have been historically disenfranchised, ripped apart, and devalued throughout American history. The child welfare system must prioritize the kinship care model to ensure the care of children, promote equity among families, sustain family/familial relationships, and to protect, and preserve the culture and history of these communities.”
This bill attempts to advance these goals by requiring social workers’ reports to document the efforts they have made to find relatives to care for the child, rather than simply saying whether they have made efforts or not. The author states “by requiring documentation of family finding efforts in court reports, all parties involved in the child welfare case (attorneys, judicial officers) will have the information necessary to facilitate meaningful and ongoing connections between the though and their family.”
Related/Prior Legislation
SB 384 (Cortese, Chapter 811, Statutes of 2022) required each county welfare and probation department to notify CDSS whether it has adopted one of the suggested practices for family finding, as described, and how the practice has been implemented. Required a county who has not adopted one of the suggested practices to provide a copy of its existing family finding policies and practices to CDSS. Included "family finding" activities within the due diligence required of a social worker and probation officer when investigating the names and locations of relatives.
SB 1091 (Hurtado, 2022) would have required that funds, appropriated by the Legislature for this purpose, be available to fund new or expanded family finding and engagement techniques and would have required CDSS to fund contracts with community-based organizations or to provide local assistance allocations to counties or Indian tribes, or both. SB 1091 would have further required CDSS to convene a leadership team to develop recommendations relating to family finding and engagement as provided. SB 1091 was set to be heard by the Assembly Appropriations Committee but the hearing was cancelled by the author.
AB 2579 (Bennet, 2022) would have required county placing agencies to implement model practices for intensive family finding and support for foster children, children detained but not adjudicated, and candidates for foster care. The bill would have further required counties to submit a plan to CDSS as a condition of receiving funding for these purposes. AB 2579 was held in the Senate Appropriations Committee.
SB 354 (Skinner, Chapter 687, Statutes of 2021) adopted changes to the criminal background check process during the RFA process for relatives of children placed in the child welfare system. SB 354 further permitted the court to authorize placement of children with relatives in certain circumstances, regardless of the status of any criminal exemption or RFA; and, required, no later than January 1, 2024, CDSS to submit a report to the Legislature related to criminal record exemptions, as specified.
SB 1336 (Jackson, Chapter 890, Statutes of 2016) required the juvenile court to make a finding as to whether the social worker exercised due diligence in conducting their investigation to identify, locate, and notify the child’s relatives, including whether specific actions were taken.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- CDSS estimates ongoing local assistance costs of $8.4 million ($6.1 million General Fund and $2.3 million federal funds) for the increased administrative workload for county child welfare departments and probation departments associated with the requirements for additional documentation of family finding efforts.
- To the extent this bill increases county costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment, this bill would apply to local agencies only to the extent that the state provides annual funding for the cost increases. Some costs to counties for administration may be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
SUPPORT: (Verified 9/11/23)
Children's Law Center of California (source)
Alliance for Children's Rights
Aouon Orange County
California Alliance of Caregivers
California Judges Association
Children's Legal Services of San Diego
Dependency Advocacy Center
Dependency Legal Services
John Burton Advocates for Youth
Los Angeles Dependency Lawyers, Inc.
Public Counsel
Starting Over, Inc.
The Law Offices of Dale Wilson
OPPOSITION: (Verified 9/11/23)
None received
ASSEMBLY FLOOR: 79-0, 5/31/23
AYES: 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, 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, 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: Essayli
Prepared by: Heather Hopkins / HUMAN S. / (916) 651-1524
9/11/23 17:51:58
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 448 |
THIRD READING
Bill No: AB 448
Author: Juan Carrillo (D), et al.
Amended: 7/13/23 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE: 5-0, 7/3/23
AYES: Alvarado-Gil, Ochoa Bogh, Hurtado, Menjivar, Wahab
SENATE JUDICIARY COMMITTEE: 11-0, 7/11/23
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Niello, Stern, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
ASSEMBLY FLOOR: 79-0, 5/31/23 - See last page for vote
SUBJECT: Juveniles: relative placement: family finding
SOURCE: Children’s Law Center of California
DIGEST:
This bill provides that at the detention hearing, the initial petition hearing, status review hearings and all supplemental reports, the social worker’s report to the court shall contain documentation of their efforts to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
ANALYSIS:
Existing law:
- Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk of abuse and neglect or have been abused or neglected, as specified. (Welfare & Imstituions Code (WIC) § 202)
- States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC § 300.2)
- States the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible and to reunify a foster youth with their biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (WIC § 16000)
- Requires a county to file a petition to the court requesting a detention hearing within 48 hours of placing a child under temporary custody to determine whether a child should remain in custody and whether any specific court permissions are necessary to provide for the health and safety of the child. (WIC § 313 and 319)
- Requires, if a child is removed, the social worker to conduct, within 30 days, an investigation in order to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling, adult siblings, other adult relatives of the child, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know. (WIC § 309(e)(1))
- Requires a social worker to use due diligence in investigating the names and locations of the relatives, as well as any parent and alleged parents, and requires each county welfare department to do both of the following:
- Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify themselves to the county welfare department and requires the county welfare department to provide parents and relatives with specified notices; and,
- Notify CDSS, on or before January 1, 2024, in an email or other correspondence, whether it has adopted one of the suggested practices for family finding and, generally, whether the practice has been implemented. Requires, if a county welfare department has not adopted one of the suggested practices for family finding, the county welfare department to provide a copy to CDSS of its existing family finding policies and practices, as reflected in memoranda, handbooks, manuals, training manuals, or any other document. (WIC § 309(e)(3))
- Defines “family finding” to mean conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child, as defined “family finding” also includes contacting the Indian child’s tribe to identify relatives and kin. (WIC § 309(e)(3)(B))
- Requires preferential consideration be given to a request by a relative to have the child placed with the relative if the child has been removed from the physical custody of the child's parent(s). (WIC § 361.3(a))
- Requires the juvenile court to make full consideration of the proximity of a child’s natural parents to the potential foster care placement of that child in order to facilitate visitation and family reunification, and if possible, for the placement to be made in the home of a relative, unless the placement would not be in the best interest of the child. (FAM 7950(a))
This bill:
- Provides that, at the detention hearing, the social worker’s report to the court shall contain documentation of their efforts to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
- Provides that at the initial petition hearing the social worker’s report to the court shall contain documentation of their efforts to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
- Provides that at the status review hearing the social worker’s report to the court shall contain documentation of their efforts to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
- Provides that all supplemental social worker reports to the court shall contain documentation of their efforts to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
Comments
- Author’s statement. According to the author, “It is estimated that in California, there are nearly 60,000 children in foster care, and nearly 50% are Latino. Children in foster care have experienced abuse, neglect, and other adverse childhood experiences that can negatively impact their health. In fact, according to statistics, half of all kids in foster care have endured four or more adverse childhood experiences. However, young people can and do recover from trauma, reunite with family members, and thrive because researchers found that children placed with relatives were more likely to remain in their same neighborhood, be placed with siblings, and have consistent contact with their birth parents than other children in foster care. A 2008 study in the Archives of Pediatric and Adolescent Medicine found that children placed into kinship care had fewer behavioral problems three years after placement than children placed into foster care.”
- Child Welfare Services (CWS). The CWS system is an essential component of the state’s safety net. Social workers in each county receive reports of abuse or neglect, and work to investigate and resolve those reports. When a case is substantiated, a family is either provided with services to ensure a child’s wellbeing and avoid court involvement, or a child is removed from the family and placed into foster care. In 2022, the state’s child welfare agencies received 440,212 reports of abuse or neglect. Of these, 51,806 reports contained allegations that were substantiated and 19,953 children were removed from their homes and placed into foster care via the CWS system.
After the county child welfare department becomes involved with families, approximately 12 months of services are provided to children who are able to remain safely in their home while the family receives services. This is considered family preservation services and the child does not come under the jurisdiction of the juvenile dependency court during this time.
If it is determined that a child cannot remain in the home, even with family preservation and support services, the child comes under the jurisdiction of the county’s juvenile dependency court while the family is served by a CWS system social worker. This system seeks to ensure the safety and protection of these children, and where possible, preserve and strengthen families through visitation and family reunification. It is the state’s goal to reunify a foster child or youth with their biological family whenever possible.
Generally, if a child cannot be safely returned home after the time allotted for reunification services ends, the court terminates the parental rights of the child’s parents. The child’s case plan then focuses on permanency services, in an effort to connect the child to a permanent placement through adoption or guardianship. If an adoption or guardianship is not established, a child may remain in long-term foster care. The child is always supposed to be placed in the most family like setting, with short-term residential treatment programs used only as necessary to provide intensive services. A child remains eligible for services for the length of their time in the child welfare system; time limits relate to the provision of services to the child’s parents.
- Family Placement. Kinship care refers to care of a child by relatives. According to the Child Welfare Information Gateway, a government organization providing information and tools for improving child welfare practice, kinship care is the preferred option in most U.S. child welfare systems because it is the least restrictive, most family like placement for children. They further note, children in kinship care environments have fewer disruptions and overall better permanency outcomes than children in non-familial placements.
The Juvenile Law Center writes, “Kinship care must be sought more frequently and be a top priority for Black and Native families and other communities in the child welfare system that have been historically disenfranchised, ripped apart, and devalued throughout American history. The child welfare system must prioritize the kinship care model to ensure the care of children, promote equity among families, sustain family/familial relationships, and to protect, and preserve the culture and history of these communities.”
This bill attempts to advance these goals by requiring social workers’ reports to document the efforts they have made to find relatives to care for the child, rather than simply saying whether they have made efforts or not. The author states “by requiring documentation of family finding efforts in court reports, all parties involved in the child welfare case (attorneys, judicial officers) will have the information necessary to facilitate meaningful and ongoing connections between the though and their family.”
Related/Prior Legislation
SB 384 (Cortese, Chapter 811, Statutes of 2022) required each county welfare and probation department to notify CDSS whether it has adopted one of the suggested practices for family finding, as described, and how the practice has been implemented. Required a county who has not adopted one of the suggested practices to provide a copy of its existing family finding policies and practices to CDSS. Included "family finding" activities within the due diligence required of a social worker and probation officer when investigating the names and locations of relatives.
SB 1091 (Hurtado, 2022) would have required that funds, appropriated by the Legislature for this purpose, be available to fund new or expanded family finding and engagement techniques and would have required CDSS to fund contracts with community-based organizations or to provide local assistance allocations to counties or Indian tribes, or both. SB 1091 would have further required CDSS to convene a leadership team to develop recommendations relating to family finding and engagement as provided. SB 1091 was set to be heard by the Assembly Appropriations Committee but the hearing was cancelled by the author.
AB 2579 (Bennet, 2022) would have required county placing agencies to implement model practices for intensive family finding and support for foster children, children detained but not adjudicated, and candidates for foster care. The bill would have further required counties to submit a plan to CDSS as a condition of receiving funding for these purposes. AB 2579 was held in the Senate Appropriations Committee.
SB 354 (Skinner, Chapter 687, Statutes of 2021) adopted changes to the criminal background check process during the Resource Family Approval (RFA) process for relatives of children placed in the child welfare system. SB 354 further permitted the court to authorize placement of children with relatives in certain circumstances, regardless of the status of any criminal exemption or RFA; and, required, no later than January 1, 2024, CDSS to submit a report to the Legislature related to criminal record exemptions, as specified.
SB 1336 (Jackson, Chapter 890, Statutes of 2016) required the juvenile court to make a finding as to whether the social worker exercised due diligence in conducting their investigation to identify, locate, and notify the child’s relatives, including whether specific actions were taken.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- The California Department of Social Services estimates ongoing local assistance costs of $8.4 million ($6.1 million General Fund and $2.3 million federal funds) for the increased administrative workload for county child welfare departments and probation departments associated with the requirements for additional documentation of family finding efforts.
- To the extent this bill increases county costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment, this bill would apply to local agencies only to the extent that the state provides annual funding for the cost increases. Some costs to counties for administration may be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
SUPPORT: (Verified 9/1/23)
Children's Law Center of California (source)
All of Us or None, Orange County
Alliance for Children's Rights
California Alliance of Caregivers
Children's Legal Services of San Diego
Dependency Advocacy Center
Dependency Legal Services
John Burton Advocates for Youth
Los Angeles Dependency Lawyers, Inc.
Public Counsel
Starting Over, Inc.
The Law Offices of Dale Wilson
OPPOSITION: (Verified 9/1/23)
None received
ASSEMBLY FLOOR: 79-0, 5/31/23
AYES: 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, 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, 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: Essayli
Prepared by: Heather Hopkins / HUMAN S. / (916) 651-1524
9/5/23 9:25:13
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 448 (Juan Carrillo) - Juveniles: relative placement: family finding
Version: July 13, 2023 | Policy Vote: HUMAN S. 5 - 0, JUD. 11 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 14, 2023 | Consultant: Agnes Lee |
Bill Summary:
AB 448 would revise the timeline for a county social worker or a juvenile probation officer, after a child is removed from their home or has been taken into temporary custody as probation-involved youth, to conduct an investigation to locate family or tribal members of the child, as specified; and would require county social workers and probation officers to document their efforts, as specified.
Fiscal Impact:
- The California Department of Social Services estimates ongoing local assistance costs of $8.4 million ($6.1 million General Fund and $2.3 million federal funds) for the increased administrative workload for county child welfare departments and probation departments associated with the requirements for additional documentation of family finding efforts.
- To the extent the bill increases county costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment, the bill would apply to local agencies only to the extent that the state provides annual funding for the cost increases. Some costs to counties for administration may be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
Background:
Under the state’s Child Welfare Services system, social workers in each county receive reports of abuse or neglect, and work to investigate and resolve those reports. When a case is substantiated, a family is either provided with services to ensure a child’s well-being and avoid court involvement, or a child is removed from the family and placed into foster care.
Current law authorizes a peace officer to take temporary custody of a minor if they have reasonable cause for believing the minor is a person who qualifies as a ward of the juvenile court. Current law requires a probation officer to immediately investigate the circumstances of the minor and the facts surrounding their being taken into custody, and to immediately release the minor to the custody of their parent or responsible relative unless it can be demonstrated that continuance in the home is not in the child’s best interest and other specified conditions exist.
Current law requires, if a child is removed, the social worker or probation worker to conduct, within 30 days an investigation in order to identify and locate all relatives, as specified. Each county welfare or probation department must use due diligence in investigating the names and locations of the relatives, as specified, including using “family finding.”
Current law defines “family finding” to mean conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child, as defined “family finding” also includes contacting the Indian child’s tribe to identify relatives and kin.
Proposed Law:
Specific provisions of the bill would:
- Require a county social worker or a juvenile probation officer, after a child is removed from their home or has been taken into temporary custody as probation-involved youth, to immediately conduct, but no later than 30 days after the child has been removed, the existing required investigation to find relatives.
- Require certain social worker reports to the court to contain documentation of their efforts to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
- Require the court, in conducting the periodic status review, to additionally determine whether the county social worker has continued efforts to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
- Require the probation officer to document their efforts, and results of those efforts to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin.
-- END --
Senator Thomas Umberg, Chair
2023-2024 Regular Session
Bill No: AB 448 (Author:Juan Carrillo)
Version: March 21, 2023
Hearing Date: July 11, 2023
Fiscal: Yes
Urgency: No
Consultant: AWM
SUBJECT
Juveniles: relative placement: family finding
DIGEST
This bill requires social workers to conduct an investigation to locate family members or members of a child’s tribe for a child who is a dependent or ward or the juvenile court immediately, but in no case in fewer than 30 days, and requires social workers to include information about their ongoing efforts to locate family members or members of the child’s tribe in its reports to the court.
EXECUTIVE SUMMARY
Research shows that a child taken from the custody of their parent, guardian, or Indian custodian will suffer fewer negative outcomes if they are placed with a trusted relative or other person with whom they have a family-like relationship rather than a stranger. To this end, when a child is taken to custody and declared a dependent of the juvenile court, State policy requires the social worker to take specific efforts to locate a relative, as defined, who may serve as a caregiver for the child.
This bill is intended to expedite and provide better oversight over the efforts to find a relative or extended family member placement for a child or, in the case of a nonminor dependent, relatives or extended family members who may provide support. The bill clarifies that attempts to find relatives and extended family members should begin immediately, but no later than 30 days after the child’s removal from their parents’ or guardians’ custody; requires a social worker to document their efforts, and in the case of an Indian child, active efforts, as defined, to locate relatives for a potential placement; and requires the social worker to report those efforts for the court and the court to consider those efforts at status hearings. The author has agreed to minor amendments to clarify the efforts that must be made for a nonminor dependent.
This bill is sponsored by the Children’s Law Center of California and is supported by All Of Us Or None Orange County, the Alliance for Children’s Rights, the California Alliance of Caregivers, the California Tribal Families Coalition, Children’s Legal Services of San Diego, the Dependency Advocacy Center, Dependency Legal Services, John Burton Advocates for Youth, Juvenile Court Judges of California, Los Angeles Dependency Lawyers, Inc., Public Counsel, Starting Over, Inc., and The Law Offices of Dale S. Wilson There is no known opposition. The Senate Human Services Committee passed this bill with a vote of 5-0.
PROPOSED CHANGES TO THE LAW
Existing law:
- Establishes the Indian Child Welfare Act of 1978 (ICWA), which requires states to establish specific adoption preferences for a child who is a member of a federally recognized Indian tribe, or who is eligible to be a member and is the child of a member of a federally recognized Indian tribe, and to make specified efforts to notify the child’s tribe when an Indian child is placed in foster care. (25 U.S.C. §§ 1901 et seq.)
- Establishes specific state statutes to implement ICWA’s protections for Indian children in the juvenile court system, which include:
- Defining “active efforts” as affirmative, active, thorough and timely efforts intended primarily to maintain or reunite an Indian child with their family; to the maximum extent possible, active efforts shall be provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child's tribe and shall be conducted in partnership with the Indian child and the Indian child's parents, extended family members, Indian custodians, and tribe.
- Imposing an affirmative duty on the court, county welfare department, and probation department to inquire whether a child, for whom a petition to make the child a dependent or ward of the juvenile court has been, or may be, filed, is or may be an Indian child.
- Providing notice to an Indian child’s parents and tribe that the child is involved in proceedings that may culminate in an order for foster care placement, termination of parental rights, preadoptive placement, or adoptive placement, as specified, and prohibiting any such proceeding until 10 days after the notice was received.
- Granting the child’s Indian tribe and Indian custodian the right to intervene at any point in an Indian child custody proceeding. (Welf. & Inst. Code, §§ 224-224.6, 361.7.)
- Establishes the juvenile court, which is intended to provide for the protection and safety of the public and minors falling under its jurisdiction. (Welf. & Inst. Code, §§ 202, 245.)
- Provides that a child may become a dependent of the juvenile court and be removed from the custody of their parent or guardian[1] on the basis of enumerated forms of abuse or neglect. (Welf. Inst. Code, § 300(a)-(j).)
- Provides that the purpose of the juvenile court and the dependency system is to provide the maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, being neglected, or being exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of that harm. This safety, protection, and physical and emotional well-being may include the provision of a full array of social and health services to help the child and family and to prevent the reabuse of children. (Welf. & Inst. Code, § 300.2.)
- Authorizes, if certain imminent risks to a child are present, a child to be taken into emergency custody without a warrant, and requires the child to be delivered to the custody of a social worker; in such cases, the social worker must take certain steps, including immediately investigating the circumstances of the child and the facts surrounding the child being taken into custody and attempt to maintain the child with their family through the provision of services.
- The child must be immediately released to their parent, Indian custodian, or relative unless specified conditions are met.
- If a relative, an extended family member of an Indian child, or a nonrelative extended family member is available and requests emergency placement, the county welfare department must initiate an assessment of the requesting party’s suitability for emergency placement and the child may be placed with that person if the home is approved. (Welf. & Inst. Code, §§ 305, 309.)
- Provides that, if the child is removed from their parent’s custody after being taken into emergency custody in 6), the social worker must conduct, within 30 days, an investigation to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling, adult siblings, other adult relatives of the child, as defined, and, if there is reason to know that the child is an Indian child, any extended family members. The social worker must provide any person so located of specified information, including information regarding the child’s removal, how to become a resource family, and contact information for the child. (Welf. & Inst. Code, § 309(e).)
- Requires, at the initial petition hearing on a petition to make a child a dependent of the juvenile court following the child’s removal from the custody of their parent or Indian custodian, the social worker to report to the court on why the child was removed from custody, the need, if any, for continued detention, the available services and the referral methods to those services that could facilitate the return of the child to the custody of the child’s parents or Indian custodian, and whether there are any relatives who are able and willing to take temporary physical custody of the child. If it is known or there is reason to know the child is an Indian child, the social worker must include additional specified information. (Welf. & Inst. Code, § 319.)
- Requires a court, after finding that a child is a dependent of the juvenile court, to hear evidence on the question of the proper disposition of the child; as part of this determination, the court must receive in evidence a social study or evaluation made by the child’s social worker or court-appointed child advocate that sets forth specified information, including whether the child can be returned to their parent’s custody, the relationships between the child and any identified family members, information relating to the child’s siblings, and, for an Indian child, whether tribal customary adoption may be appropriate. (Welf. & Inst. Code, §§ 358, 358.1.)
- Requires the juvenile court to review the status of every dependent child in foster care periodically, and no less frequently than every six months, at which point the court shall consider the child’s placement and other enumerated factors. (Welf. & Inst. Code, § 366.)
- Requires every supplemental report filed for a review hearing under 10) to include a factual discussion of specified subjects, including the recommended plan for the child and information about the child’s health and education. (Welf. & Inst. Code, § 366.1)
- Provides that a child is within the jurisdiction and may be adjudged a ward of the juvenile court if the child:
- Is between the ages of 12 and 17, inclusive, and persistently or habitually refuses to obey the reasonable and proper orders or directions of their parents or custodian, or is beyond the control of that person, or has violated specified laws or has a specified number of truancies, is within the jurisdiction of the juvenile court and may be adjudged a ward. (Welf. & Inst. Code, § 601.)
- Is between the ages of 12 and 17, inclusive, and violates any state or federal law or local or county ordinance defining crime. (Welf. & Inst. Code, § 601(a).)
- Is under 12 years of age and is alleged to have committed specified serious violent crimes. (Welf. & Inst. Code, § 602(b).)
- Authorizes a peace officer to take temporary custody of a minor if they have reasonable cause for believing the minor is a person who qualifies as a ward of the juvenile court under 12), if the child has violated an order of the juvenile court or escaped from a commitment ordered by the juvenile court, or is found in any street or public place and suffering from a sickness or injury which requires remedial care. (Welf. & Inst. Code, § 625.)
- Requires a probation officer, after accepting custody of a minor taken into custody pursuant to 13), to immediately investigate the circumstances of the minor and the facts surrounding their being taken into custody, and to immediately release the minor to the custody of their parent or responsible relative unless it can be demonstrated that continuance in the home is not in the child’s best interest and other specified conditions exist. (Welf. & Inst. Code, § 628.)
- Requires, if the probation officer has reason to believe that the child detained under 13) is at risk of entering foster care placement, to conduct, within 30 days, an investigation to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling, adult siblings, other adult relatives of the child, as defined, and, if there is reason to know that the child is an Indian child, any extended family members. The probation officer must provide any person so located of specified information, including information regarding the child’s removal, how to become a resource family, and contact information for the child. (Welf. & Inst. Code, § 628(d)(2).)
This bill:
- Requires a social worker or probation officer, when making the initial investigation to locate family members after a child has been taken into temporary custody without a warrant, to conduct the investigation immediately, but no later than 30 days after the child has been taken into custody.
- Requires the social worker’s report presented at the initial petition hearing to document the social worker’s efforts, and in the case of an Indian child, active efforts, of the efforts by the social worker to locate any relatives who are able and willing to take temporary custody of the child and the names of those relatives.
- Requires each social study or evaluation made by a social worker or court-appointed child advocate to be submitted in connection with an initial disposition hearing to set forth the efforts, and in the case of an Indian child, the active efforts, made by the social worker to locate any relatives who are able and willing to take temporary custody of the child and the names of those relatives.
- Requires the juvenile court, at six-month review hearings for a child or a nonminor dependent in out-of-home care, to consider whether the social worker has continued efforts, and in the case of an Indian child, continued active efforts, to locate any relatives who are able and willing to take temporary physical custody of the child and the names of those relatives.
- Requires each supplemental report filed in connection with a six-month review hearing to include, for a child or nonminor dependent who does not reside with their parents, relatives, or an Indian custodian, to set forth the continued efforts, and in the case of an Indian child, the active efforts, that the social worker has made to locate any relatives who are able and willing to take temporary custody of the child.
- Requires a probation officer, after taking physical custody of a child who was detained as a possible ward of the court, to document their efforts, and in the case of an Indian child, active efforts, and the results, of their efforts to locate any relatives who are able and willing to take temporary physical custody of the child and the names of those relatives.
COMMENTS
- Author’s comment
According to the author:
It is estimated that in California, there are nearly 60,000 children in foster care, and nearly 50 percent are Latino. Children in foster care have experienced abuse, neglect, and other adverse childhood experiences that can negatively impact their health. In fact, according to statistics, half of all kids in foster care have endured four or more adverse childhood experiences. However, young people can and do recover from trauma, reunite with family members, and thrive because researchers found that children placed with relatives were more likely to remain in their same neighborhood, be placed with siblings, and have consistent contact with their birth parents than other children in foster care.
A 2008 study in the Archives of Pediatric and Adolescent Medicine found that children placed into kinship care had fewer behavioral problems three years after placement than children placed into foster care. AB 448 will build upon California’s work to connect youth in foster care with family. By requiring documentation of family finding efforts in court reports, all parties involved in the child welfare case (attorneys, judicial officers) will have the information necessary to facilitate meaningful and ongoing connections between the youth and their family.
2. A brief overview of the juvenile court and the dependency process
The overarching goal of dependency proceedings is to safeguard the welfare of California’s children.[2] 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.’ ”[3]
As explained by the California Supreme Court:
Dependency proceedings span up to four stages: jurisdiction, disposition, reunification, and permanency. At the jurisdictional stage, the juvenile court determines whether to declare a child a dependent of the court because the child is suffering, or at risk of suffering, significant harm. At the dispositional stage, the court decides if the child can be returned to, or must be removed from, a parent’s custody. During the reunification stage, qualifying parents are offered services to address the causes that led to the loss of custody. Finally, if the child cannot be safely returned to the parent within a statutorily specified timeframe, the juvenile court proceeds to the permanency stage, where it either terminates parental rights and places the child up for adoption or it selects another permanent plan, such as placement with a guardian or in long-term foster care. Throughout the proceedings, the juvenile court is instructed to pay careful attention to the well-being of the child, the efforts of the parent, and the services provided by the state to ensure that cases proceed to this final stage only when necessary.[4]
The child’s social worker maintains an active role throughout the process and is required to provide the court with reports about the status of the case in advance of the six-month review hearings.[5] The social worker is also tasked with making efforts to identify and locate any relatives of the child, to determine whether they are willing and able to take custody of the child on a temporary or, if parental rights are ultimately terminated, permanent basis.[6] Additionally, if the social worker knows or has reason to know that the child is an Indian child within the meaning of ICWA, the social worker must attempt to locate any relatives and the child’s tribe and provide them with notice of the proceedings and make active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family.[7]
The juvenile court also has jurisdictions over wards of the court, who are children who have persistent behavioral issues or have committed specified crimes.[8] Wards of the court are considered part of the juvenile justice system, and the Senate Public Safety Committee has jurisdiction over matters relating to wards. There is overlap between the provisions relating to dependents and wards, however, when a potential ward has been taken into emergency custody: in such a case, if the probation officer with temporary custody believes the child might need to be placed into the foster care system, the officer is required to conduct the same initial investigation into possible placements for the child as the social worker makes when a potential dependent is taken into custody.[9]
3. California’s foster population and the importance of family and tribal placements
The child welfare system is intended to achieve a delicate balance of values, including “protecting children from harm, preserving family ties, and avoiding unnecessary intrusion into family life.”[10] The overarching goal of dependency proceedings is to safeguard the welfare of California’s children.[11] As of January 2023, over 51,000 children and young adults were in foster care in California; the population has generally hovered around 60,000.[12] Black and Indigenous children are dramatically overrepresented in the foster care system, with rates of 19.7 and 16.3 children in care per 1,000 children, respectively.[13]
Despite the stated goal of protecting children, research shows “that foster care leads to poor human capital formation and a host of undesirable outcomes.”[14] The very first step of the process—removing a child from their parent’s custody—can lead to short- and long-term harms, including PTSD and substance abuse issues.[15] Foster children in California move placements, on average, 3.46 times every 1,000 days;[16] multiple placements are associated with attachment difficulties, decreased academic performance, and externalizing and internalizing behavioral problems.[17] And outcomes for adults who have left the foster care system are bleak: a survey conducted by the University of Chicago’s Chapin Hall found that more than 25 percent of former foster youth in California reported experiencing at least one night of homelessness in the past two years, while nearly 30 percent said they had couch surfed by staying with friends because they lacked housing;[18] in the mid-2000s, 70 percent of California’s prison inmates had been foster children at some point in their lives.[19]
One factor that has been shown to reduce negative experiences and outcomes for foster and former foster children is the placement of children in kinship placements, rather than in traditional foster placements with strangers.[20] “Compared to children that were placed in traditional foster care, former foster youth that were placed in kinship care are more likely to be employed or in school, less likely to be incarcerated, less likely to be homeless and less likely to receive social welfare benefits.”[21]
For Indigenous children, federal and state law and state policy also require social workers and county welfare departments to make “active efforts” to locate members of the child’s family and members of the child’s tribe and grants placement preferences to members of the child’s tribe and other tribes. [22] This policy, implemented in the 1970s with the passage of ICWA, was “a direct response to the mass removal of Indian children from their families during the 1950s, 1960s, and 1970s by state officials and private parties,” which “was only the latest iteration of a much older policy of removing Indian children from their families.”[23] These efforts “had devastating effects on children and parents alike” and “presented an existential threat to the continued vitality of tribes.”[24] The United States Supreme Court recently upheld ICWA’s placement preferences,[25] which allows this State to continue its policies that recognize that “[i]t is in the best interest of an Indian child that the child’s membership or citizenship in the child’s Indian tribe and connection to the tribal community be encouraged and protected.”[26]
4. This bill increases the efforts that must be made to locate potential relative placements and the court’s oversight over those efforts
Consistent with the state’s policy of encouraging relative placements whenever possible and consistent with the child’s best interest, this bill makes several changes to provide more clarity into the steps a social worker (or, for a potential ward, a probation officer) has taken to locate family members who might be willing and able to take physical custody of the child. Specifically, the bill requires the following:
- When a child is removed from the custody of their parent, the social worker must immediately, and not later than 30 days after the removal, conduct an investigation to identify and locate all grandparents, parents of a sibling of the child (if the parent has legal custody of the sibling), adult siblings, other adult relatives of the child, including any other adult relatives suggested by the parents; and, if the social worker knows or has reason to know the child is an Indian child, the immediate investigation must also attempt to locate any extended family members, as defined in ICWA.
- The social worker must document their efforts, and in the case of an Indian child, the active efforts, and results of those efforts by the social worker to locate any relatives who are able and willing to take temporary physical custody of the child, and the names of any relatives who are able and willing to take temporary physical custody of the child prior to the initial hearing and subsequent review hearings.
- At each status hearing, the court must review, among other matters already required by law, the following: for children and nonminor dependents in out-of-home care: whether the social worker has continued efforts and in the case of an Indian child, the active efforts, to locate any relatives who are able and willing to take physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child and the results of those efforts. The author has agreed to amendments to clarify that, for a nonminor dependent, the relatives or extended family members would be asked to provide support, not take custody of the nonminor dependent.
- Upon delivery to the probation officer of a minor who has been taken into temporary custody as probation-involved youth, when the probation officer has reason to believe that the minor is at risk of entering foster care placement, the probation officer must immediately, and not later than 30 days after the detention, conduct an investigation to identify and locate all grandparents, adult siblings, and other relatives of the child, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members. 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.
5. Amendments
As noted above, the author has agreed to minor amendments to clarify the scope of the social worker’s inquiry when the dependent is a nonminor dependent. Nonminor dependents generally retain their right, as legal adults, to live alone or outside the custody of another adult,[27] so any relatives or extended family members located by a social worker would likely be in a position to provide family support, including a place to live, without legally taking custody of the nonminor dependent.
6. Arguments in support
According to the Children’s Law Center of California, the sponsor of the bill:
Numerous nationwide studies have documented the poor outcomes of children and youth who are removed from their homes and placed into the child welfare system. Children involved with the child welfare system have increased rates of chronic health problems, developmental delays and disabilities, mental health needs, and substance abuse problems.
Studies have also demonstrated the significant benefit to children in the child welfare system that are placed with relatives rather than with strangers in foster homes or in group care. A 2008 study in the Archives of Pediatric and Adolescent Medicine found that children placed into kinship care had fewer behavioral problems three years after placement than children who were placed into foster care. This study also noted that a large body of research acknowledges the evidence that children in kinship care are less likely to change placements, benefiting from increased placement stability and better outcomes. Researchers also found that children placed with relatives were more likely to remain in their same neighborhood, be placed with siblings, and have consistent contact with their birth parents than other children in foster care.
Delay in relative engagement often means that the relative will not be selected as placement for the child. Fact-finding hearings can sometimes take months to complete, with placement decisions at times taking over a year. During this time, the child will be living with a family and developing strong connections to that family all while a relative may have a home ready and waiting for the child. AB 448 seeks to avoid these unnecessary delays by ensuring all parties involved in the child welfare case (attorneys, judicial officers) will have the information necessary to facilitate meaningful and ongoing connections between the youth and their family.
SUPPORT
Children’s Law Center of California (sponsor)
All Of Us Or None Orange County
Alliance for Children’s Rights
California Alliance of Caregivers
California Tribal Families Coalition
Children’s Legal Services of San Diego
Dependency Advocacy Center
Dependency Legal Services
John Burton Advocates for Youth
Juvenile Court Judges of California
Los Angeles Dependency Lawyers, Inc.
Public Counsel
Starting Over, Inc.
The Law Offices of Dale S. Wilson
OPPOSITION
None known
RELATED LEGISLATION
Pending Legislation:
SB 824 (Ashby, 2023) expands the Department of Social Services’ (DSS) authority to grant an exemption to restrictions on a person serving as a resource family for a specific child when that person has a criminal conviction, to permit DSS to grant an exception to a person who is an extended family member or a nonrelative extended family member, provided that DSS finds the exemption is justified and other specified conditions are met. AB 824 is pending before the Assembly Appropriations Committee.
SB 578 (Ashby, 2023) requires a social worker to report on, and a juvenile court to consider, the potential harms to a child when considering whether to remove a child from their parent or guardian’s custody. SB 578 is pending before the Assembly Human Services Committee.
AB 81 (Ramos, 2023) existing requirements under ICWA to state law and declares that specified relevant provisions addressing the rights of Indian children under state law shall be known as the California Indian Child Welfare Act. AB 81 is pending before this Committee and is set to be heard on the same day as this bill.
Prior Legislation:
SB 354 (Skinner, Ch. 687, Stats. 2021) among other things, authorized a juvenile court to order the placement of a child with a relative, regardless of the status of any criminal exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child.
AB 686 (Waldron, Ch. 434, Stats. 2019) required, when a tribe does not exercise its right to approve a home for a specific dependent Indian child, the county and foster family agency to apply prevailing social and cultural standards of the Indian community when approving a resource family for that child.
PRIOR VOTES:
Senate Human Services Committee (Ayes 5, Noes 0)
Assembly Floor (Ayes 79, Noes 0)
Assembly Appropriations Committee (Ayes 15, Noes 0)
Assembly Judiciary Committee (Ayes 9, Noes 0)
Assembly Human Services Committee (Ayes 8, Noes 0)
**************
Going forward, this analysis uses “parent” to include “guardian.” ↑
In re Josiah Z. (2005) 36 Cal.4th 664, 673. ↑
In re R.T., 3 Cal.5th 622, 626. ↑
Michael G. v. Superior Court of Orange County (2023) 14 Cal.5th 609, 624 (internal citations omitted). ↑
E.g., Welf. & Inst. Code, §§ 309, 319, 358. ↑
Id., §§ 309, 358.1. ↑
Id., §§ 224.1, 224.3, 361.7. ↑
Id., §§ 601, 602. ↑
Id., § 628. ↑
In re R.T. (2017) 3 Cal.5th 622, 638. ↑
In re Josiah Z. (2005) 36 Cal.4th 664, 673. ↑
California Child Welfare Indicators Project, University of California at Berkeley, Report: Children in Foster Care, CWS/CMS 2023 Quarter 1 Extract (retrieved Jul. 7, 2023), available at https://ccwip.berkeley.edu/childwelfare/reports/PIT/MTSG/r/ab636/s. All links in this analysis are current as of July 7, 2023. ↑
California Child Welfare Indicators Project, University of California at Berkeley, Report: Children in Foster Care by Ethnic Group, CWS/CMS 2023 Quarter 1 Extract (retrieved Jul. 7, 2023), available at https://ccwip.berkeley.edu/childwelfare/reports/InCareRates/MTSG/r/rts/s. Latino children are in care at a rate of 5.8 children per 1,000; white children are in care at a rate of 3.6 children per 1,000; children of Asian and Pacific Islander descent are in care at a rate of .9 children per 1,000. (Ibid.) There rate for multiracial children is set at 0, which may reflect a data collection issue. (Ibid.) ↑
Lovett & Xue, Family First of the Kindness of Strangers? Foster Care Placements and Adult Outcomes, Labour Economics (Feb. 22, 2021), p. 1. ↑
E.g., Trivedi, The Harm of Child Removal, 43 N.Y.U. Rev. of Law & Social Change 523, 526, 528-532. (2019). ↑
California Child Welfare Indicators Project, University of California at Berkeley, Report: Children in Foster Care by Placement Stability, CWS/CMS 2023 Quarter 1 Extract (retrieved Jul. 7, 2023), available at https://ccwip.berkeley.edu/childwelfare/reports/P5/MTSG/r/Fed/l. ↑
McConnell, et al., Changes in Placement among Children in Foster Care: A Longitudinal Study of Child and Case Influences, Soc. Serv. Rev., 80(3) (Sept. 2006), p. 399. ↑
Courtney, et al., Findings from the California Youth Transitions to Adulthood Study (CalYOUTH): Conditions of youth at age 23 (2020) Chapin Hall at the University of Chicago, pp. 18-19, available at https://www.chapinhall.org/wp-content/uploads/CY_YT_RE1020.pdf. ↑
Lovett & Xue, supra, at p. 1. ↑
Id. at p. 3. ↑
Ibid. ↑
25 U.S.C. § 1915; Welf. & Inst. Code, §§ 224.1, 361.31. ↑
Haaland v. Brackeen (Jun. 15, 2023), 143 S.Ct. 1609, 1641 (conc. opn. of Gorsuch, J.) ↑
Ibid. ↑
Id. at p. 1623 (maj. opn. of Barrett, J.) ↑
Welf. & Inst. Code, § 224. ↑
Id., § 303(d). ↑
SENATE COMMITTEE ON HUMAN SERVICES
Senator Alvarado-Gil, Chair
2023 - 2024 Regular
Bill No: | AB 448 | ||
Author: | Juan Carrillo | ||
Version: | March 21, 2023 | Hearing Date: | July 3, 2023 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Heather Hopkins | ||
Subject: Juveniles: relative placement: family finding
SUMMARY
This bill provides that at the detention hearing, the initial petition hearing, status review hearings and all supplemental reports, the social worker’s report to the court shall contain documentation of their efforts to locate any relatives who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child.
ABSTRACT
Existing Law:
- Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk of abuse and neglect or have been abused or neglected, as specified. (WIC 202)
- States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
- States the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible and to reunify a foster youth with their biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (WIC 16000)
- Requires a county to file a petition to the court requesting a detention hearing within 48 hours of placing a child under temporary custody to determine whether a child should remain in custody and whether any specific court permissions are necessary to provide for the health and safety of the child. (WIC 313 and 319)
- Requires, if a child is removed, the social worker to conduct, within 30 days an investigation in order to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling, adult siblings, other adult relatives of the child, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know. (WIC 309(e)(1))
- Requires a social worker to use due diligence in investigating the names and locations of the relatives, as well as any parent and alleged parents, and requires each county welfare department to do both of the following:
- Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify themselves to the county welfare department and requires the county welfare department to provide parents and relatives with specified notices; and,
- Notify CDSS, on or before January 1, 2024, in an email or other correspondence, whether it has adopted one of the suggested practices for family finding and, generally, whether the practice has been implemented. Requires, if a county welfare department has not adopted one of the suggested practices for family finding, the county welfare department to provide a copy to CDSS of its existing family finding policies and practices, as reflected in memoranda, handbooks, manuals, training manuals, or any other document. (WIC 309(e)(3))
- Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify themselves to the county welfare department and requires the county welfare department to provide parents and relatives with specified notices; and,
- Defines “family finding” to mean conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child, as defined “family finding” also includes contacting the Indian child’s tribe to identify relatives and kin. (WIC 309(e)(3)(B))
- Requires preferential consideration be given to a request by a relative to have the child placed with the relative if the child has been removed from the physical custody of the child's parent(s). (WIC 361.3(a))
- Requires, when placing a child in the home of a relative, an extended family member, or nonrelative extended family member (NREFM) on a temporary basis, the court to consider the recommendations of the social worker based on the assessment required by current law, including the results of a criminal records check and prior child abuse allegations, if any, before ordering that the child be placed with a relative or NREFM. (WIC 319(h)(3))
- Requires the California Department of Social Services (CDSS) to provide technical assistance to encourage and facilitate the county placement agency’s evaluation of placement needs and the development of needed placement resources and programs. (WIC 16001.1)
- Requires updates by counties as it relates to children placed by child welfare, the family finding activities attempted or underway, or other activities to connect the child to caring adults outside of the congregate (group home) care setting; identification of the counties that have any existing or planned contracts, or efforts to directly provide or contract for intensive child specific recruitment services; identification of counties with any existing or planned specialty mental health services targeted to address the mental health service needs of a foster child transitioning from congregate care to permanency or other family-based care setting, and a summary of any gaps that remain; and the number of children that successfully achieved permanency following receipt of the services described. (WIC 16523.57)
- Requires the juvenile court to make full consideration of the proximity of a child’s natural parents to the potential foster care placement of that child in order to facilitate visitation and family reunification, and if possible, for the placement to be made in the home of a relative, unless the placement would not be in the best interest of the child. (FAM 7950(a))
- Requires placement, if possible, to be made in the home of a relative, unless the placement would not be in the best interest of the child, and requires diligent efforts to be made by an agency or entity to locate an appropriate relative. Requires the court, at any permanency hearing in which the court terminates reunification services, or at any post-permanency hearing for a child not placed for adoption, to find that the agency or entity has made diligent efforts to locate an appropriate relative and that each relative whose name has been submitted as a possible caretaker, either by the relative or by other persons, has been evaluated as an appropriate placement resource. (FAM 7950 (a)(1))
- Prohibits an agency or entity that receives any state assistance and is involved in foster care placements from doing either of the following:
- Deny to any person the opportunity to become a foster parent on the basis of the race, color, or national origin of the person or the child involved, which does not affect the application of the Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.); or
- Delay or deny the placement of a child into foster care on the basis of the race, color, or national origin of the foster parent or the child involved. (FAM 7950(a)(2))
- Deny to any person the opportunity to become a foster parent on the basis of the race, color, or national origin of the person or the child involved, which does not affect the application of the Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.); or
- States that these provisions do not preclude a search for an appropriate relative from being conducted simultaneously with a search for a foster family. (FAM 7950(c))
- Defines “child and family team” to mean a group of individuals who are convened by the placing agency and who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and their family, and to help achieve positive outcomes for safety, permanency, and well-being. (WIC 16501(a)(4))
This Bill:
- Provides that at the detention hearing the social worker’s report to the court shall contain documentation of their efforts to locate any relatives who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child.
- Provides that at the initial petition hearing the social worker’s report to the court shall contain documentation of their efforts to locate any relatives who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child.
- Provides that at the status review hearing the social worker’s report to the court shall contain documentation of their efforts to locate any relatives who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child.
- Provides that all supplemental social worker reports to the court shall contain documentation of their efforts to locate any relatives who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child.
FISCAL IMPACT
The Assembly Appropriations Committee analysis notes CDSS estimates total costs of $8.4 million, including $6.1 million General Fund (GF), in fiscal year (FY) 2022-23 and ongoing annual costs of $911,000 ($665,000 GF) for increased administrative workload for county child welfare agencies and county probation departments to provide additional documentation to the courts regarding family-finding efforts. This estimate assumes one additional hour of social worker time per child per hearing (including initial, disposition and status review hearings) and is based on 21,500 entries of children into foster care each year.
Although these county costs are state-mandated costs, they are not reimbursable, but instead must be funded by the state pursuant to Proposition 30. Proposition 30 (2012) requires legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment (including child welfare services and foster care) to apply to local agencies only to the extent the state provides annual funding for the cost increase.
BACKGROUND AND DISCUSSION
Purpose of the Bill:
According to the author, “It is estimated that in California, there are nearly 60,000 children in foster care, and nearly 50% are Latino. Children in foster care have experienced abuse, neglect, and other adverse childhood experiences that can negatively impact their health. In fact, according to statistics, half of all kids in foster care have endured four or more adverse childhood experiences. However, young people can and do recover from trauma, reunite with family members, and thrive because researchers found that children placed with relatives were more likely to remain in their same neighborhood, be placed with siblings, and have consistent contact with their birth parents than other children in foster care. A 2008 study in the Archives of Pediatric and Adolescent Medicine found that children placed into kinship care had fewer behavioral problems three years after placement than children placed into foster care.”
Child Welfare Services (CWS)
The CWS system is an essential component of the state’s safety net. Social workers in each county receive reports of abuse or neglect, and work to investigate and resolve those reports. When a case is substantiated, a family is either provided with services to ensure a child’s wellbeing and avoid court involvement, or a child is removed from the family and placed into foster care. In 2022, the state’s child welfare agencies received 440,212 reports of abuse or neglect. Of these, 51,806 reports contained allegations that were substantiated and 19,953 children were removed from their homes and placed into foster care via the CWS system.
After the county child welfare department becomes involved with families, approximately 12 months of services are provided to children who are able to remain safely in their home while the family receives services. This is considered family preservation services and the child does not come under the jurisdiction of the juvenile dependency court during this time.
If it is determined that a child cannot remain in the home, even with family preservation and support services, the child comes under the jurisdiction of the county’s juvenile dependency court while the family is served by a CWS system social worker. This system seeks to ensure the safety and protection of these children, and where possible, preserve and strengthen families through visitation and family reunification. It is the state’s goal to reunify a foster child or youth with their biological family whenever possible.
Generally, if a child cannot be safely returned home after the time allotted for reunification services ends, the court terminates the parental rights of the child’s parents. The child’s case plan then focuses on permanency services, in an effort to connect the child to a permanent placement through adoption or guardianship. If an adoption or guardianship is not established, a child may remain in long-term foster care. The child is always supposed to be placed in the most family like setting, with short-term residential treatment programs used only as necessary to provide intensive services. A child remains eligible for services for the length of their time in the child welfare system; time limits relate to the provision of services to the child’s parents.
Family Placement
Kinship care refers to care of a child by relatives. According to the Child Welfare Information Gateway, a government organization providing information and tools for improving child welfare practice, kinship care is the preferred option in most U.S. child welfare systems because it is the least restrictive, most family like placement for children. They further note, children in kinship care environments have fewer disruptions and overall better permanency outcomes than children in non-familial placements.
The Juvenile Law Center writes, “Kinship care must be sought more frequently and be a top priority for Black and Native families and other communities in the child welfare system that have been historically disenfranchised, ripped apart, and devalued throughout American history. The child welfare system must prioritize the kinship care model to ensure the care of children, promote equity among families, sustain family/familial relationships, and to protect, and preserve the culture and history of these communities.”[1]
This bill attempts to advance these goals by requiring social workers’ reports to document the efforts they have made to find relatives to care for the child, rather than simply saying whether they have made efforts or not. The author states “by requiring documentation of family finding efforts in court reports, all parties involved in the child welfare case (attorneys, judicial officers) will have the information necessary to facilitate meaningful and ongoing connections between the though and their family.”
Related/Prior Legislation:
SB 384 (Cortese, Chapter 811, Statutes of 2022) required each county welfare and probation department to notify CDSS whether it has adopted one of the suggested practices for family finding, as described, and how the practice has been implemented. Required a county who has not adopted one of the suggested practices to provide a copy of its existing family finding policies and practices to CDSS. Includes "family finding" activities within the due diligence required of a social worker and probation officer when investigating the names and locations of relatives.
SB 1091 (Hurtado, 2022) would have required that funds, appropriated by the Legislature for this purpose, be available to fund new or expanded family finding and engagement techniques and would have required CDSS to fund contracts with community-based organizations or to provide local assistance allocations to counties or Indian tribes, or both. SB 1091 would have further required CDSS to convene a leadership team to develop recommendations relating to family finding and engagement as provided. SB 1091 was set to be heard by the Assembly Appropriations Committee but the hearing was cancelled by the author.
AB 2579 (Bennet, 2022) would have required county placing agencies to implement model practices for intensive family finding and support for foster children, children detained but not adjudicated, and candidates for foster care. The bill would have further required counties to submit a plan to CDSS as a condition of receiving funding for these purposes. AB 2579 was held in the Senate Appropriations Committee.
SB 354 (Skinner, Chapter 687, Statutes of 2021) adopted changes to the criminal background check process during the RFA process for relatives of children placed in the child welfare system. SB 354 further permitted the court to authorize placement of children with relatives in certain circumstances, regardless of the status of any criminal exemption or RFA; and, required, no later than January 1, 2024, CDSS to submit a report to the Legislature related to criminal record exemptions, as specified.
SB 1336 (Jackson, Chapter 890, Statutes of 2016) required the juvenile court to make a finding as to whether the social worker exercised due diligence in conducting their investigation to identify, locate, and notify the child’s relatives, including whether specific actions were taken.
AB 1761 (Hall, Chapter 765, Statutes of 2014) clarified that the placement priority for relatives and NREFM applies both prior to the detention hearing and also after the detention hearing and prior to the dispositional hearing.
AB 2391 (Calderon, 2014) would have required the county social worker and the court, when determining whether placement with a relative is appropriate, to consider specified factors, and would have required that consideration for placement with a relative subsequent to a disposition hearing be given again without regard to whether a new placement of a child must be made. AB 2391 was referred to the Senate Judiciary Committee but was not set for hearing.
COMMENTS
Children in the child welfare system who are placed in the home of a family member fare far better than those placed elsewhere. By requiring the social worker to provide documentation of who they have talked to, it allows the other parties in the case to know who has been contacted and they can potentially provide other family members the social worker could contact. This will provide more potential opportunities for a child to be placed with a family member and the better outcomes that produces.
PRIOR VOTES
| |
Assembly Floor: | 79 - 0 |
Assembly Appropriations Committee: Assembly Judiciary Committee: | 15 - 0 9 - 0 |
Assembly Human Services Committee: | 8 - 0 |
POSITIONS
Support:
Children's Law Center of California (Sponsor)
Alliance for Children's Rights
Aouon Orange County
California Alliance of Caregivers
John Burton Advocates for Youth
Public Counsel
Oppose:
None received
-- END --
https://jlc.org/news/family-preservation-matters-why-kinship-care-black-families-native-american-families-and-other ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 448
Author:(Juan Carrillo)
As Amended Ver:March 21, 2023
Majority vote
SUMMARY
Requires a social worker and/or probation officer to immediately conduct, but no later than 30 days after the child has been removed, an investigation in order to identify and locate all relatives of the child, and to document their efforts to the court, and in the case of an Indian child, the active efforts and results of those efforts to locate relatives. Adds requirements for social workers and probation officers to document their efforts and results to locate relatives who are able and willing to take temporary physical custody of the child.
Major Provisions
- Requires a social worker to immediately, but no later than 30 days after the child has been removed, conduct an investigation in order to identify and locate all grandparents, parents of a sibling of a child, as defined, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, as defined in the federal Indian Child Welfare Act of 1978, any extended family members when a child has been taken into temporary custody.
- Clarifies that if a minor is detained and the probation officer has reason to believe that the minor is at risk of entering foster care placement, then the probation officer is required to immediately conduct, but not later than 30 days after the child has been detained, an investigation in order to identify and locate all grandparents, adult siblings, and other relatives of the child, including any other adult relatives of the child, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined. Defines, for purposes of this section, "sibling" to mean a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.
- Requires social workers and probation officers to document their efforts, and in the case of an Indian child, the active efforts, as defined in existing law, and results of those efforts to locate any relatives who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child.
- Requires each social study or evaluation made by a social worker or child advocate appointed by the court, required to be received in evidence to also include a factual discussion of the efforts, and in the case of an Indian child, the active efforts as defined in existing law, and results of those efforts by the social worker to locate any relatives who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child.
- Requires the court to determine at a status review for children and nonminor dependents (NMDs) in out-of-home care, whether the social worker has continued efforts, and in the case of an Indian child, the active efforts, as defined, to locate any relatives who are able and willing to take physical custody of the child, and the names of any relatives who are able and willing to take temporary physical custody of the child and the results of those efforts.
- Requires, for each supplemental report required to be filed, the social worker to include a factual discussion, for a child or NMD who does not reside with their parents or relatives, or an Indian custodian, the continued efforts, and in the case of an Indian child, the active efforts the social worker has made to locate any relatives who are able and willing to take physical custody of the child, and the names of any relatives who are able and willing to take temporary physical custody of the child. Further requires the social worker to document the efforts and the results of those efforts.
COMMENTS
Continuum of Care Reform (CCR). Beginning in 2015, California enacted legislation, known as CCR, to improve placement and treatment options for youth in foster care. AB 403 (Stone), Chapter 773, Statutes of 2015, sponsored by CDSS, sought to improve outcomes for children and youth served by the child welfare services (CWS) system by working to ensure that foster youth have their day-to-day physical, mental, and emotional needs met, that they have the opportunity to grow up in permanent and supportive homes, and have the opportunities necessary to become self-sufficient and successful adults. CCR also sought to reduce the use of congregate care as a frequently used placement option for youth, as data have demonstrated that youth placed in congregate care settings experience poorer outcomes than youth placed in family settings.
As part of the reforms set forth by CCR, the Resource Family Approval (RFA) process was established. The RFA process is a unified, family-friendly, and child-centered process that combines elements of foster parent licensing, relative approval, and adoption/guardianship approval processes. The RFA process includes a psychosocial assessment, home environment check, and training for all resource families (formerly known as foster families), including relatives, in order to ensure that caregivers are equipped to best meet the needs of youth in foster care. RFA is also a route to direct permanency for caregivers who wish to adopt or be guardians of youth in care, as the RFA process includes elements required by both the adoption and guardianship processes.
Existing law requires the juvenile court, during the dispositional hearing for a dependent child, to make a finding that the child's social worker has exercised due diligence in identifying, locating and notifying the child's relatives. Effective January 1, 2017, all new relative home placements were required to meet RFA standards and counties are encouraged to consider the likelihood that a relative will be able to meet those standards when evaluating that possibility. Existing law also provides for a process to place with a relative, either on an emergency basis or based on a compelling reason, prior to full RFA approval.
Family finding and due diligence. It has long been the goal of the CWS system to preserve familial ties whenever possible. Under certain circumstances, family maintenance services are provided to families in order to prevent the removal of children from their parents' home, including family therapy, parenting classes, or substance use treatment. However, in instances when a youth is removed from the custody of their parents and placed temporarily in an out-of-home placement through the foster care system, county social workers are required to locate any relatives or nonrelative extended family members (NREFMs) who may serve as caregivers to the youth.
Data from the California Child Welfare Indicators Project show that in October 2021, the total number of all children in foster care for 24 months or longer, including foster children 18 years of age and older and foster children living with relatives, was 27,475, or 46% of all children in foster care.
According to ACL 18-42, distributed by CDSS, family finding and engagement is defined as a broad concept which encompasses not only the statutory requirements pertaining to identifying, locating, and notifying the relatives of a child in foster care, but also related efforts to foster life-long familial connections for children and youth in care. The ACL further describes these additional efforts, which are meant to enhance the long-term well-being of children and youth in care, as an important component of CCR's goal to reduce the use of congregate care and improve child welfare outcomes. Intensive family finding and engagement can be used by counties to identify possible relative or NREFM placements for children and youth currently placed in group homes, potentially allowing those children and youth to step down to a home-based care setting, consistent with the goals of CCR. Counties are also urged to seek out the practice of family finding and engagement above and beyond the statutorily required relative finding, to be used when opening a case as a way to identify the best possible placement for the child or youth.
This bill requires social workers and probation officers, in the case of an Indian child, to document the active efforts, as defined in existing law, and results of those efforts by the social worker and/or probation officer to locate any relatives who are able and willing to take temporary physical custody of the child, and the names of any relatives who are able and willing to take temporary physical custody of the child.
Existing law defines "active efforts" to mean affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with their family. If an agency is involved in an Indian child custody proceeding, active efforts involve assisting the parent, parents, or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case plan. To the maximum extent possible, active efforts are required to be provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child’s tribe and to be conducted in partnership with the Indian child and the Indian child’s parents, extended family members, Indian custodians, and tribe. Active efforts should be tailored to the facts and circumstances of the case.
Research shows that children placed with their own relatives and extended family members have greater placement stability, fewer emotional and behavioral problems, and more connections to their biological families and social-cultural communities. The Budget Act of 2022 allocated $150 million from the General Fund in one-time funding, available for expenditure through June 30, 2027, for the purposes of participation in the Excellence in Family Finding, Engagement, and Support (EFFES) Program and the provisions available to support implementation through the establishment of The Center for Excellence in Family Finding, Engagement, and Support (CFE).
In furtherance of these goals, CDSS has contracted with University of California, Davis to launch CFE to support efforts to keep children and youth connected to their biological and extended families and will provide multi-tiered, culturally appropriate training and technical assistance such as conducting evidence-based, organization-specific assessments of implementation activities, and strengthening trauma-informed practices and programs related to family finding and engagement.
CFE will provide training and technical assistance for counties and tribes that have opted to participate in the EFFES program. Specialized trainings and support will be available to county welfare agencies, probation departments, participating tribes, and foster care providers to enhance their practices, policies, and efforts for family finding, support, and engagement. CFE will also provide training on how to engage children and young people in the family finding process. All trainings will utilize family finding and engagement and permanency subject matter experts.
According to the Author
"It is estimated that in California, there are nearly 60,000 children in foster care, and nearly 50% are Latino. Children in foster care have experienced abuse, neglect, and other adverse childhood experiences that can negatively impact their health. In fact, according to statistics, half of all kids in foster care have endured four or more adverse childhood experiences. However, young people can and do recover from trauma, reunite with family members, and thrive because researchers found that children placed with relatives were more likely to remain in their same neighborhood, be placed with siblings, and have consistent contact with their birth parents than other children in foster care.
"A 2008 study in the Archives of Pediatric and Adolescent Medicine found that children placed into kinship care had fewer behavioral problems three years after placement than children placed into foster care. [This bill] will build upon California's work to connect youth in foster care with family. By requiring documentation of family finding efforts in court reports, all parties involved in the child welfare case (attorneys, judicial officers) will have the information necessary to facilitate meaningful and ongoing connections between the youth and their family."
Arguments in Support
According to the California Tribal Families Coalition, "Delay in relative engagement often means that the relative will not be selected as placement for the child. Fact finding hearings can sometimes take months to complete with placement decisions at times taking over a year. During this time, the child will be living with a family and developing strong connections to that family all while a relative may have a home ready and waiting for the child. [This bill] seeks to avoid these unnecessary delays by ensuring all parties involved in the child welfare case (attorneys, judicial officers) will have the information necessary to facilitate meaningful and ongoing connections between the youth and their family."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee on May 10, 2023, CDSS estimates total costs of $8.4 million, including $6.1 million General Fund (GF), in fiscal year (FY) 2022-23 and ongoing annual costs of $911,000 ($665,000 GF) for increased administrative workload for county child welfare agencies and county probation departments to provide additional documentation to the courts regarding family-finding efforts. This estimate assumes one additional hour of social worker time per child per hearing (including initial, disposition and status review hearings) and is based on 21,500 entries of children into foster care each year.
Although these county costs are state-mandated costs, they are not reimbursable, but instead must be funded by the state pursuant to Proposition 30. Proposition 30 (2012) requires legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment (including child welfare services and foster care) to apply to local agencies only to the extent the state provides annual funding for the cost increase.
VOTES
ASM HUMAN SERVICES: 8-0-0
YES: Jackson, Sanchez, Alanis, Arambula, Bonta, Bryan, Calderon, Garcia
ASM JUDICIARY: 9-0-2
YES: Maienschein, Essayli, Connolly, Haney, Pacheco, Papan, Reyes, Robert Rivas, Sanchez
ABS, ABST OR NV: Dixon, Kalra
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 21, 2023
CONSULTANT: Jessica Langtry / HUM. S. / (916) 319-2089 FN: 0000881
Date of Hearing: May 10, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 448
Author:(Juan Carrillo) – As Amended Ver:March 21, 2023
Policy Committee: | Human Services | Vote: | 8 - 0 |
Judiciary | 9 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill requires a county social worker or a juvenile probation officer, after a child is removed from their home or has been taken into temporary custody as probation-involved youth, to immediately conduct an investigation to locate family or tribal members of the child. Such an investigation is known as family finding. This bill also requires social workers and probation officers to document their family finding efforts in reports to the dependency court and the courts to regularly review these efforts.
Specifically, this bill:
- Requires, if the child is removed from the custody of their parent or guardian, the social worker to immediately conduct, but no later than 30 days after the child has been removed, an investigation in order to identify and locate all grandparents, parents of a sibling of the child (if the parent has legal custody of the sibling), adult siblings, other adult relatives of the child, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined by the federal Indian Child Welfare Act of 1978.
- Requires, at the initial petition hearing, the social worker to document their efforts, and in the case of an Indian child, the active efforts, and results of those efforts by the social worker to locate any relatives who are able and willing to take temporary physical custody of the child, and the names of any relatives who are able and willing to take temporary physical custody of the child.
- Requires, at each status hearing, the court to review, among other issues required by existing law, the following: for children and nonminor dependents in out-of-home care, whether the social worker has continued efforts; in the case of an Indian child, the active efforts to locate any relatives pursuant to 2) above.
- Requires, upon delivery to the probation officer of a minor who has been taken into temporary custody as probation-involved youth, when the probation officer has reason to believe that the minor is at risk of entering foster care placement, the probation officer to immediately conduct, but not later than 30 days after the child has been detained, an investigation in order to identify and locate all grandparents, adult siblings, and other relatives of the child, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members.
FISCAL EFFECT:
CDSS estimates total costs of $8.4 million, including $6.1 million General Fund (GF), in fiscal year (FY) 2022-23 and ongoing annual costs of $911,000 ($665,000 GF) for increased administrative workload for county child welfare agencies and county probation departments to provide additional documentation to the courts regarding family-finding efforts. This estimate assumes one additional hour of social worker time per child per hearing (including initial, disposition and status review hearings) and is based on 21,500 entries of children into foster care each year.
Although these county costs are state-mandated costs, they are not reimbursable, but instead must be funded by the state pursuant to Proposition 30. Proposition 30 (2012) requires legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment (including child welfare services and foster care) to apply to local agencies only to the extent the state provides annual funding for the cost increase.
COMMENTS:
- Purpose. The author of this bill seeks to continue the state’s efforts to facilitate the connection between a foster child or youth and their family by requiring social workers to expedite investigations to locate family or tribal members of the child and for juvenile courts to regularly review these efforts. According to the author:
Children in foster care have experienced abuse, neglect, and other adverse childhood experiences that can negatively impact their health. However, young people can and do recover from trauma, reunite with family members, and thrive because researchers found that children placed with relatives were more likely to remain in their same neighborhood, be placed with siblings, and have consistent contact with their birth parents than other children in foster care. [This bill] will build upon California’s work to connect youth in foster care with family. By requiring documentation of family finding efforts in court reports, all parties involved in the child welfare case (attorneys, judicial officers) will have the information necessary to facilitate meaningful and ongoing connections between the youth and their family.
- Background. Children who are at risk of abuse, neglect, or abandonment may be deemed dependents of the juvenile court and provided services, supports and interventions aimed at protecting them and their health and safety. The system aims to preserve and strengthen families by maintaining or reuniting children with their parents whenever appropriate. As of October 1, 2022, more than 74,500 children were receiving services from county child welfare agencies in California. As of that date (the most recent available), 11,512 children were placed in foster homes.
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. Additionally, children in kinship care have fewer placements and school changes and are less likely to run away from home than children in traditional foster care.
The Legislature has repeatedly encouraged the placement of foster children with relatives. Such efforts include, for example, SB 1336 (Jackson), Chapter 890, Statutes of 2016, which requires the juvenile court to make a finding as to whether the social worker exercised due-diligence in conducting their investigation to identify, locate, and notify the child’s relatives, including whether specific actions were taken.
Most recently, as the result of SB 384 (Cortese), Chapter, 811, Statutes of 2022, each county welfare and probation department must notify CDSS whether it has adopted one of the suggested practices for family finding and how the practice has been implemented. SB 384 also requires a county who has not adopted one of the suggested practices to provide a copy of its existing family finding policies and practices to CDSS. SB 384 also includes "family finding" activities within the due diligence required of a social worker and probation officer when investigating the names and locations of relatives.
This bill additionally requires each social worker to document for the court their efforts to locate relatives, including the relatives’ names, and whether the relatives would be able and willing to take temporary custody of a child. This bill also requires documentation to continue at subsequent status reviews and to be included in the factual discussion of each social study or evaluation.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: March 28, 2023
ASSEMBLY COMMITTEE ON JUDICIARY
Brian Maienschein, Chair
ABPCA Bill Id:AB 448
Author:(Juan Carrillo) – As Amended Ver:March 21, 2023
PROPOSED CONSENT
SUBJECT: Juveniles: relative placement: family finding
KEY ISSUE: AFTER A CHILD IS REMOVED FROM THEIR HOME, SHOULD MORE EXPEDITIOUS INVESTIGATIONS BE CONDUCTED IN ORDER TO LOCATE FAMILY OR TRIBAL MEMBERS OF THE CHILD; AND SHOULD JUVENILE COURTS BE REQUIRED TO REGULARLY REVIEW EFFORTS TO LOCATE ANY RELATIVES OR TRIBAL MEMBERS OF THE CHILD WHO ARE ABLE AND WILLING TO TAKE PHYSICAL CUSTODY OF THE CHILD?
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 Children’s Law Center of California, is designed to proactively protect such family bonds by imposing new duties on social workers at all stages of child dependency proceedings that are reviewed by the juvenile court.
Familial and tribal relationships are key to foster children and their future success. According to a 2022 Chapin Hall study, children in kinship care have fewer placements and school changes and are less likely to run away from home than children in traditional foster care. As a result, the Legislature has repeatedly encouraged the placement of foster children with relatives. This bill, sponsored by Children’s Law Center of California, seeks to build on past legislative efforts to maintain the bonds between a child or youth in the dependency system and their families. It is designed to proactively protect such family bonds by imposing new duties on social workers at all stages of child dependency proceedings that are reviewed by the juvenile court. It would require, after a child is removed from their home, more expeditious investigations to be conducted in order to locate family or tribal members of the child, and for juvenile courts to regularly review efforts to locate any relatives or tribal members of the child who are able and willing to take physical custody of the child. The bill is supported by numerous youth, legal, and social justice advocacy organizations. It has no opposition on file.
SUMMARY: Requires, after a child is removed from their home, more expeditious investigations to be conducted in order to locate family or tribal members of the child, and for juvenile courts to regularly review efforts to locate any relatives or tribal members of the child who are able and willing to take physical custody of the child. Specifically, this bill:
- Requires, if the child is removed from the custody of their parent or guardian, the social worker to immediately conduct but no later than 30 days after the child has been removed, an investigation in order to identify and locate all grandparents, parents of a sibling of the child (if the parent has legal custody of the sibling), adult siblings, other adult relatives of the child, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined by the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.).
- Requires, at the initial petition hearing, the social worker to document their efforts, and in the case of an Indian child, the active efforts, and results of those efforts by the social worker to locate any relatives who are able and willing to take temporary physical custody of the child, and the names of any relatives who are able and willing to take temporary physical custody of the child.
- Requires each social study or evaluation made by a social worker or child advocate appointed by the court, required to be received in evidence pursuant to existing law, shall include the following subject:
The efforts, and in the case of an Indian child, the active efforts, and results of those efforts by the social worker to locate any relatives who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child.
- Requires, at each status hearing, the court to review, among other issues required by existing law, the following: for children and nonminor dependents in out-of-home care, whether the social worker has continued efforts and in the case of an Indian child, the active efforts, to locate any relatives who are able and willing to take physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child and the results of those efforts.
- Requires each supplemental report to include the following in addition to other issues required by existing law: for a child or nonminor dependent who does not reside with their parents or relatives, the continued efforts, and in the case of an Indian child, the active efforts, that the social worker has made to locate any relatives who are able and willing to take physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child. The social worker shall document the efforts and the results of those efforts.
- Requires, upon delivery to the probation officer of a minor who has been taken into temporary custody as probation-involved youth, when the probation officer has reason to believe that the minor is at risk of entering foster care placement, the probation officer to immediately conduct, but not later than 30 days after the child has been detained, an investigation in order to identify and locate all grandparents, adult siblings, and other relatives of the child, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members. 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.
EXISTING LAW:
- Establishes the juvenile court with jurisdiction over children who are subject to abuse or neglect. (Welfare & Institutions Code (WIC) Section 300. All further statutory references are to this code, unless otherwise indicated.)
- Establishes the juvenile court jurisdiction over any minor who is 12 years of age and 17 years of age, inclusive, when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age. (Section 602 (a).)
- Requires, if the child is removed from the custody of their parent or guardian, the social worker to immediately investigate the circumstances of the child and the facts surrounding the child’s being taken into custody and attempt to maintain the child with the child’s family through the provision of services; requires the social worker to immediately release the child to the custody of the child’s parent, guardian, Indian custodian, or relative, regardless of the parent’s, guardian’s, Indian custodian’s, or relative’s immigration status, unless one or more of specified conditions exist. (Section 309 (a).)
- Defines the following terms:
- “Family finding” means conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child, as defined “family finding” also includes contacting the Indian child’s tribe to identify relatives and kin. (Section 309 (e)(3)(B).)
- “Active efforts” means affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with their family. If an agency is involved in an Indian child custody proceeding, active efforts shall involve assisting the parent, parents, or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case plan. To the maximum extent possible, active efforts shall be provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child’s tribe and shall be conducted in partnership with the Indian child and the Indian child’s parents, extended family members, Indian custodians, and tribe. Active efforts shall be tailored to the facts and circumstances of the case and may include, but are not limited to, any of the 11 actions specified in the statute. (Section 224.1 (f).)
- Requires, at the initial petition hearing, the court to examine the child’s parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence as the child, the child’s parents or guardians, the child’s Indian custodian, the petitioner, the Indian child’s tribe, or their counsel desires to present. Allows the court to examine the child. (Section 319 (a).)
- Requires, at the initial petition hearing, the social worker to report to the court on the reasons why the child has been removed from the parent’s, guardian’s, or Indian custodian’s physical custody, the need, if any, for continued detention, the available services and the referral methods to those services that could facilitate the return of the child to the custody of the child’s parents, guardians, or Indian custodian. (Section 319 (b).)
- Pursuant to California Rules of Court, requires, if the social worker, probation officer, licensed adoption agency, adoption service provider, investigator, or petitioner knows or has reason to know or believe that an Indian child is or may be involved, that person or entity must do all of the following as soon as practicable:
- Interview the parents, Indian custodian, and "extended family members" as defined in 25 United States Code section 1903, to gather the information listed in Welfare and Institutions Code section 224.3(a)(5), Family Code section 180(b)(5), or Probate Code section 1460.2(b)(5).
- Contact the Bureau of Indian Affairs and the California Department of Social Services for assistance in identifying the names and contact information of the tribes in which the child may be a member or eligible for membership.
- Contact the tribes and any other person who reasonably can be expected to have information regarding the child's membership status or eligibility. These contacts must at a minimum include the contacts and sharing of information listed in Welfare and Institutions Code section 224.2(e)(3). (Rule 5.481 (a)(4).)
- Pursuant to California Rules of Court, requires the county welfare agency on an ongoing basis to include in its filings a detailed description of all inquiries, and further inquiries it has undertaken, and all information received pertaining to the child's Indian status, as well as evidence of how and when this information was provided to the relevant tribes. Whenever new information is received, that information must be expeditiously provided to the tribes. (Rule 5.481 (a)(5).)
- Pursuant to federal regulations implementing ICWA, requires states to make “active efforts” at reuniting an Indian child and the Indian child’s parents, extended family members, Indian custodians, and Tribe. Defines active efforts as “affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with his or her family” and provides examples of what active efforts may include. (25 CFR Sections 23.2 – 23.120.)
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 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 Children’s Law Center of California, is designed to proactively protect such family bonds by imposing new duties on social workers at all stages of child dependency proceedings that are reviewed by the juvenile court. According to the author:
It is estimated that in California, there are nearly 60,000 children in foster care, and nearly 50% are Latino. Children in foster care have experienced abuse, neglect, and other adverse childhood experiences that can negatively impact their health. In fact, according to statistics, half of all kids in foster care have endured four or more adverse childhood experiences. However, young people can and do recover from trauma, reunite with family members, and thrive because researchers found that children placed with relatives were more likely to remain in their same neighborhood, be placed with siblings, and have consistent contact with their birth parents than other children in foster care.
A 2008 study in the Archives of Pediatric and Adolescent Medicine found that children placed into kinship care had fewer behavioral problems three years after placement than children placed into foster care. AB 448 will build upon California’s work to connect youth in foster care with family. By requiring documentation of family finding efforts in court reports, all parties involved in the child welfare case (attorneys, judicial officers) will have the information necessary to facilitate meaningful and ongoing connections between the youth and their family.
Overview of child welfare services and juvenile dependency court: Children who are at risk of abuse, neglect, or abandonment may be deemed dependents of the juvenile court and provided services, supports and interventions aimed at protecting them and their health and safety. The system aims to preserve and strengthen families by maintaining or reuniting children with their parents whenever appropriate. The dependency process begins when child abuse, neglect, or abandonment is reported to the local child welfare agency. A social worker with the child welfare agency investigates the allegation to determine if the child requires protection in order to ensure their safety. If so, the child welfare agency files a petition with the juvenile court to make the child a dependent of the court. If necessary, the social worker will remove the child from the home and take the child into protective custody.
At the subsequent court hearing, the court may elect to keep the child in, or return the child to, their home or remove the child from the home. Removal may either result in eventual reunification with the family, or the court may determine that an alternate permanent placement –including the options of guardianship or adoption – is more fitting. When reunification is not possible or appropriate, children are placed in the setting deemed least restrictive and most suitable; the court must give preference to potential placements with relatives or nonrelative extended family members.
During the dependency proceedings, a court must hold periodical review hearings at least every six months, including at six and 12 months after the dispositional hearing. (Section 366.21(e)(1).) At each hearing, excepting the permanency and permanency review hearings, a court must find by clear and convincing evidence that the parent was adequately provided reunification services. At a permanency hearing, a judge must find, also by clear and convincing evidence, that reunification services were provided. (Section 366.26.)
Throughout this system, there are multiple court hearings – including the detention hearing, the jurisdictional hearing and the dispositional hearing, followed by ongoing review hearings and the permanency hearing – where the custody of a child or their placement is evaluated, reviewed, and determined by the court, in consultation with the child’s social worker appointed by the county and the child's attorney, to help provide the best possible support and services to the child.
As of October 1, 2022, more than 74,500 children were receiving services from county child welfare agencies in California. As of that date (the most recent available), 11,512 children were placed in foster homes. (California Child Welfare Indicators Project, Pont in Time/In Care, available at https://ccwip.berkeley.edu/childwelfare/index/r.)
The importance to foster children of family relationships and legislative efforts to facilitate such relationships. 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. According to a 2022 Chapin Hall study, children in kinship care have fewer placements and school changes and are less likely to run away from home than children in traditional foster care. Children in kinship care are also more likely to report that they “always felt loved” and have higher satisfaction with kin placement. (Chapin Hall, Kinship Care Leads to Better Outcomes for Children: How Chapin Hall partnerships help improve support for kinship caregivers and programs (2022), available at https://www.chapinhall.org/project/kinship-care-leads-to-better-outcomes-for-children/.)
According to the Legislative Analyst Office (LAO) in a March, 2022 publication, the proportions of Black and Native American youth in foster care are approximately 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). These disproportionalities, according to the LAO, have persisted for many years. (LAAOhttps://lao.ca.gov/Publications/Report/4558.)
The Legislature has repeatedly encouraged the placement of foster children with relatives. Such efforts include, for example, SB 1336 (Jackson), Chapter 890, Statutes of 2016, which requires the juvenile court to make a finding as to whether the social worker exercised due diligence in conducting their investigation to identify, locate, and notify the child’s relatives, including whether specific actions were taken. Also, AB 1761 (Hall), Chapter 765, Statutes of 2014, clarifies that the placement priority for relatives applies both prior to the detention hearing, and also after the detention hearing and prior to the dispositional hearing. Most recently, as the result of SB 384 (Cortese), Chapter, 811, Statutes of 2022, counties must notify CDSS of their family finding practices, by additionally requiring social workers to document for the court what efforts they have made to locate relatives, along with their names, and whether they would be able and willing to take temporary custody of a child. SB 384 also requires this documentation to the court to continue at subsequent status reviews and to be included in the factual discussion of each social study or evaluation.
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 bill seeks to build on past legislative efforts to maintain the bonds between a child or youth in the dependency system and their families. Specifically, the bill would require the following:
- If the child is removed from the custody of their parent or guardian, the social worker must immediately conduct but no later than 30 days after the child has been removed, an investigation in order to identify and locate all grandparents, parents of a sibling of the child (if the parent has legal custody of the sibling), adult siblings, other adult relatives of the child, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined by the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.).
- At the initial petition hearing, the social worker must document their efforts, and in the case of an Indian child, the active efforts, and results of those efforts by the social worker to locate any relatives who are able and willing to take temporary physical custody of the child, and the names of any relatives who are able and willing to take temporary physical custody of the child.
- Each social study or evaluation made by a social worker or child advocate appointed by the court, required to be received in evidence pursuant to existing law, must include the following subject:
The efforts, and in the case of an Indian child, the active efforts, and results of those efforts by the social worker to locate any relatives who are able and willing to take temporary physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child.
- At each status hearing, the court must review, among other issues required by existing law, the following: for children and nonminor dependents in out-of-home care: whether the social worker has continued efforts and in the case of an Indian child, the active efforts, to locate any relatives who are able and willing to take physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child and the results of those efforts.
- Each supplemental report must include the following in addition to other issues required by existing law: for a child or nonminor dependent who does not reside with their parents or relatives, the continued efforts, and in the case of an Indian child, the active efforts, that the social worker has made to locate any relatives who are able and willing to take physical custody of the child and the names of any relatives who are able and willing to take temporary physical custody of the child. The social worker shall document the efforts and the results of those efforts.
- Upon delivery to the probation officer of a minor who has been taken into temporary custody as probation-involved youth, when the probation officer has reason to believe that the minor is at risk of entering foster care placement, the probation officer must immediately conduct, but not later than 30 days after the child has been detained, an investigation in order to identify and locate all grandparents, adult siblings, and other relatives of the child, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members. 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.
It is hoped that by imposing new duties on social workers at all stages of child dependency proceedings that are reviewed by the juvenile court, the bill will protect the family bonds that are so important to foster youth, especially Native American foster children.
ARGUMENTS IN SUPPORT: Sponsor, Children’s Law Center of California, and several supporters write that the bill will reduce delays in placing foster children into the homes of relatives who are ready, willing, and able to take them:
Studies have also demonstrated the significant benefit to children in the child welfare system that are placed with relatives rather than with strangers in foster homes or in group care. . . .
Delay in relative engagement often means that the relative will not be selected as placement for the child. Fact finding hearings can sometimes take months to complete with placement decisions at times taking over a year. During this time, the child will be living with a family and developing strong connections to that family all while a relative may have a home ready and waiting for the child. AB 448 seeks to avoid these unnecessary delays by ensuring all parties involved in the child welfare case (attorneys, judicial officers) will have the information necessary to facilitate meaningful and ongoing connections between the youth and their family
REGISTERED SUPPORT / OPPOSITION:
Support
All of Us or None of Us, Orange County
Alliance for Children's Rights
California Alliance of Caregivers
Children's Law Center of California
Dependency Advocacy Center
Dependency Legal Services (UNREG)
John Burton Advocates for Youth
Los Angeles Dependency Lawyers, INC.
Public Counsel
Starting Over, INC.
The Law Offices of Dale Wilson
Opposition
None on file
Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334
Date of Hearing: March 14, 2023
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Corey A. Jackson, Chair
ABPCA Bill Id:AB 448 (
Author:Juan Carrillo) – As Introduced Ver:February 6, 2023
SUBJECT: Juveniles: relative placement: family finding
SUMMARY: Requires a social worker to immediately conduct an investigation to identify and locate adult relatives after a child has been taken into temporary custody. Requires a social worker to report to the court what efforts and findings they have made to locate relatives who are able and willing to take temporary custody and to include these efforts in the factual discussion of each social study or evaluation. Further requires the court to additionally determine whether the social worker has continued efforts to locate any relatives, and the names of any relatives who are able and willing to take temporary custody of the child. Specifically, this bill:
- Requires a social worker to immediately, and no longer than 30 days, conduct an investigation in order to identify and locate all grandparents, parents of a sibling of a child, as defined, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members when a child has been taken into temporary custody.
- Requires, at the initial petition hearing and in the factual discussion of each social study or evaluation, the social worker to report to the court what efforts they have made to locate any relatives who are able and willing to take temporary custody of the child, and the names of any relatives who are able and willing to take temporary physical custody of the child.
- Requires the court to determine at a status review for children and nonminor dependents (NMDs) in out-of-home care, whether the social worker has continued efforts to locate any relatives who are able and willing to take physical custody of the child, and the names of any relatives who are able and willing to take temporary physical custody of the child.
- Requires, for each supplemental report required to be filed, the social worker to include a factual discussion of whether they have considered, for a child or an NMD who does not reside with their parents or relatives, the continued efforts and findings they have made to locate any relatives who are able and willing to take physical custody of the child, and the names of any relatives who are able and willing to take temporary physical custody of the child.
EXISTING LAW:
- Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk of abuse and neglect or have been abused or neglected, as specified. (Welfare and Institutions Code Section [WIC] 202)
- States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
- States the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible and to reunify a foster youth with their biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (WIC 16000)
- Requires a county to file a petition to the court requesting a detention hearing within 48 hours of placing a child under temporary custody to determine whether a child should remain in custody and whether any specific court permissions are necessary to provide for the health and safety of the child. (WIC 313 and 319)
- Requires, if a child is removed, the social worker to conduct, within 30 days an investigation in order to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling, adult siblings, other adult relatives of the child, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know. (WIC 309(e)(1))
- Requires a social worker to use due diligence in investigating the names and locations of the relatives, as well as any parent and alleged parents, and requires each county welfare department to do both of the following:
- Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify themselves to the county welfare department and requires the county welfare department to provide parents and relatives with specified notices; and,
- Notify CDSS, on or before January 1, 2024, in an email or other correspondence, whether it has adopted one of the suggested practices for family finding and, generally, whether the practice has been implemented. Requires, if a county welfare department has not adopted one of the suggested practices for family finding, the county welfare department to provide a copy to CDSS of its existing family finding policies and practices, as reflected in memoranda, handbooks, manuals, training manuals, or any other document. (WIC 309(e)(3))
- Defines “family finding” to mean conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child, as defined “family finding” also includes contacting the Indian child’s tribe to identify relatives and kin. (WIC 309(e)(3)(B)
- Requires preferential consideration be given to a request by a relative to have the child placed with the relative if the child has been removed from the physical custody of the child's parent(s). (WIC 361.3(a))
- Requires, when placing a child in the home of a relative, an extended family member, or non-relative extended family member (NREFM) on a temporary basis, the court to consider the recommendations of the social worker based on the assessment required by current law, including the results of a criminal records check and prior child abuse allegations, if any, before ordering that the child be placed with a relative or NREFM. (WIC 319(h)(3))
- Requires the California Department of Social Services (CDSS) to provide technical assistance to encourage and facilitate the county placement agency’s evaluation of placement needs and the development of needed placement resources and programs. (WIC 16001.1)
- Requires updates by counties as it relates to children placed by child welfare, the family finding activities attempted or underway, or other activities to connect the child to caring adults outside of the congregate (group home) care setting; identification of the counties that have any existing or planned contracts, or efforts to directly provide or contract for intensive child specific recruitment services; identification of counties with any existing or planned specialty mental health services targeted to address the mental health service needs of a foster child transitioning from congregate care to permanency or other family-based care setting, and a summary of any gaps that remain; and the number of children that successfully achieved permanency following receipt of the services described. (WIC 16523.57)
- Requires the juvenile court to make full consideration of the proximity of a child’s natural parents to the potential foster care placement of that child in order to facilitate visitation and family reunification, and if possible, for the placement to be made in the home of a relative, unless the placement would not be in the best interest of the child. (Family Code Section [FAM] 7950(a))
- Requires placement, if possible, to be made in the home of a relative, unless the placement would not be in the best interest of the child, and requires diligent efforts to be made by an agency or entity to locate an appropriate relative. Requires the court, at any permanency hearing in which the court terminates reunification services, or at any post-permanency hearing for a child not placed for adoption, to find that the agency or entity has made diligent efforts to locate an appropriate relative and that each relative whose name has been submitted as a possible caretaker, either by the relative or by other persons, has been evaluated as an appropriate placement resource. (FAM 7950 (a)(1))
- Prohibits an agency or entity that receives any state assistance and is involved in foster care placements from doing either of the following:
- Deny to any person the opportunity to become a foster parent on the basis of the race, color, or national origin of the person or the child involved, which does not affect the application of the Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.); or,
- Delay or deny the placement of a child into foster care on the basis of the race, color, or national origin of the foster parent or the child involved. (FAM 7950(a)(2))
- States that these provisions do not preclude a search for an appropriate relative from being conducted simultaneously with a search for a foster family. (FAM 7950(c))
- Defines “child and family team” to mean a group of individuals who are convened by the placing agency and who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and their family, and to help achieve positive outcomes for safety, permanency, and well-being. (WIC 16501(a)(4))
FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.
COMMENTS:
Background: Child Welfare Services (CWS). California’s CWS 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 doctor or teacher, Child Protective Services (CPS) 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 to be placed within the CWS system. If a child is suspected to be at risk of neglect, abuse, or abandonment, the juvenile court holds legal jurisdiction, and the CWS system appoints a social worker to ensure that the needs of a youth are met. California’s CWS provided on behalf of each child represent a continuum of services, including emergency response services, family preservation services, family maintenance services, family reunification services, and permanent placement services, including supportive transition services, with the child’s individual case plan being the guiding principle in the provision of these services. The case plan is required to be developed within a maximum of 60 days of the initial removal of the child. Prevention services such as substance use disorder treatment and in-home parenting support are provided to families who are at risk of child removal. As of October 1, 2022, there were 53,371 youth between the ages of 0 and 21 placed in California’s CWS system.
California's CWS programs are administered by the 58 individual counties which means that each county organizes and operates its own program of child protection based on local needs while complying with state and federal regulations. Counties are the primary governmental entities that interact with children and families when addressing issues of child abuse and neglect. Counties, either directly or through providers, are responsible for obtaining or providing the interventions and applicable services to protect the well-being of children and to help families address issues of child abuse and neglect. CDSS monitors and provides support in the counties efforts to best serve children and families.
Continuum of Care Reform (CCR). Beginning in 2015, California enacted legislation, known as CCR, to improve placement and treatment options for youth in foster care. AB 403 (Stone), Chapter 773, Statutes of 2015, sponsored by CDSS, sought to improve outcomes for children and youth served by the CWS system by working to ensure that foster youth have their day-to-day physical, mental, and emotional needs met, that they have the opportunity to grow up in permanent and supportive homes, and have the opportunities necessary to become self-sufficient and successful adults. CCR also sought to reduce the use of congregate care as a frequently used placement option for youth, as data have demonstrated that youth placed in congregate care settings experience poorer outcomes than youth placed in family settings.
As part of the reforms set forth by CCR, the Resource Family Approval (RFA) process was established. The RFA process is a unified, family-friendly, and child-centered process that combines elements of foster parent licensing, relative approval, and adoption/guardianship approval processes. The RFA process includes a psychosocial assessment, home environment check, and training for all resource families (formerly known as foster families), including relatives, in order to ensure that caregivers are equipped to best meet the needs of youth in foster care. RFA is also a route to direct permanency for caregivers who wish to adopt or be guardians of youth in care, as the RFA process includes elements required by both the adoption and guardianship processes.
Existing law requires the juvenile court, during the dispositional hearing for a dependent child, to make a finding that the child’s social worker has exercised due diligence in identifying, locating and notifying the child’s relatives. Effective January 1, 2017, all new relative home placements were required to meet RFA standards and counties are encouraged to consider the likelihood that a relative will be able to meet those standards when evaluating that possibility. Existing law also provides for a process to place with a relative, either on an emergency basis or based on a compelling reason, prior to full RFA approval.
Family finding and due diligence. It has long been the goal of the CWS system to preserve familial ties whenever possible. Under certain circumstances, family maintenance services are provided to families in order to prevent the removal of children from their parents’ home, including family therapy, parenting classes, or substance use treatment. However, in instances when a youth is removed from the custody of their parents and placed temporarily in an out-of-home placement through the foster care system, county social workers are required to locate any relatives or NREFMs who may serve as caregivers to the youth.
Data from the California Child Welfare Indicators Project show that in October 2021, the total number of all children in foster care for 24 months or longer, including foster children 18 years of age and older and foster children living with relatives, was 27,475, or 46% of all children in foster care.
According to ACL 18-42, distributed by CDSS, family finding and engagement is defined as a broad concept which encompasses not only the statutory requirements pertaining to identifying, locating, and notifying the relatives of a child in foster care, but also related efforts to foster life-long familial connections for children and youth in care. The ACL further describes these additional efforts, which are meant to enhance the long-term well-being of children and youth in care, as an important component of CCR’s goal to reduce the use of congregate care and improve child welfare outcomes. Intensive family finding and engagement can be used by counties to identify possible relative or NREFM placements for children and youth currently placed in group homes, potentially allowing those children and youth to step down to a home-based care setting, consistent with the goals of CCR. Counties are also urged to seek out the practice of family finding and engagement above and beyond the statutorily required relative finding, to be used when opening a case as a way to identify the best possible placement for the child or youth.
Research shows that children placed with their own relatives and extended family members have greater placement stability, fewer emotional and behavioral problems, and more connections to their biological families and social-cultural communities. The Budget Act of 2022 allocated $150 million from the General Fund in one-time funding, available for expenditure through June 30, 2027, for the purposes of participation in the Excellence in Family Finding, Engagement, and Support (EFFES) Program and the provisions available to support implementation through the establishment of The Center for Excellence in Family Finding, Engagement, and Support (CFE).
In furtherance of these goals, CDSS has contracted with University of California, Davis to launch CFE to support efforts to keep children and youth connected to their biological and extended families and will provide multi-tiered, culturally appropriate training and technical assistance such as conducting evidence-based, organization-specific assessments of implementation activities, and strengthening trauma-informed practices and programs related to family finding and engagement.
CFE will provide training and technical assistance for counties and tribes that have opted to participate in the EFFES program. Specialized trainings and support will be available to county welfare agencies, probation departments, participating tribes, and foster care providers to enhance their practices, policies, and efforts for family finding, support, and engagement. CFE will also provide training on how to engage children and young people in the family finding process. All trainings will utilize family finding and engagement and permanency subject matter experts.
Author’s statement: According to the author, “It is estimated that in California, there are nearly 60,000 children in foster care, and nearly 50% are Latino. Children in foster care have experienced abuse, neglect, and other adverse childhood experiences that can negatively impact their health. In fact, according to statistics, half of all kids in foster care have endured four or more adverse childhood experiences. However, young people can and do recover from trauma, reunite with family members, and thrive because researchers found that children placed with relatives were more likely to remain in their same neighborhood, be placed with siblings, and have consistent contact with their birth parents than other children in foster care.
“A 2008 study in the Archives of Pediatric and Adolescent Medicine found that children placed into kinship care had fewer behavioral problems three years after placement than children placed into foster care. [This bill] will build upon California’s work to connect youth in foster care with family. By requiring documentation of family finding efforts in court reports, all parties involved in the child welfare case (attorneys, judicial officers) will have the information necessary to facilitate meaningful and ongoing connections between the youth and their family.”
Need for this bill: The provisions of this bill seek to build upon the practices enshrined in SB 384 (Cortese), Chapter, 811 Statutes of 2022, that required counties to notify CDSS of their family finding practices, by additionally requiring social workers to document for the court what efforts they have made to locate relatives, along with their names, and whether they would be able and willing to take temporary custody of a child. SB 384 also requires this documentation to the court to continue at subsequent status reviews and to be included in the factual discussion of each social study or evaluation. The documentation of these efforts, along with the names of potential familial placements would allow attorneys and other judicial officers, who are also involved in the child welfare case of a youth, to have access to the information needed to maintain familial ties and potentially find a permanent placement with family.
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.
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).
The LAO states that this same research also found that California children with public insurance (Medi-Cal) experienced child welfare involvement at more than twice the rate of those with private insurance.
According to a publication in the American Journal of Public Health in 2021, (Putnam-Hornstein, Emily et al. “Cumulative Rates of Child Protection Involvement and Terminations of Parental Rights in a California Birth Cohort, 1999–2017.”) the cumulative percentage of Black and Native American children who had CPS encounters was significantly higher than that of other children. In the cohort overall, approximately half of Black (46.8%) and Native American (50.2%) children were investigated for alleged maltreatment before the age of 18; both groups experienced all levels of CPS involvement at more than twice the rate of White children in the cohort.
Because of the disproportionality across all aspects of the child welfare system - not just in foster care - but also CPS involvement, prioritizing placement of a foster youth with their family members or other responsible adults who are known to the child has been seen as a way to address this issue by ensuring not only that these vulnerable youth are placed with family, but that they are also placed with families who share the same racial and ethnic identity.
Double referral: This bill will be referred to the Assembly Judiciary Committee should it pass out of this committee.
RELATED AND PRIOR LEGISLATION:
SB 384 (Cortese), Chapter 811, Statutes of 2022, required each county welfare and probation department to notify CDSS whether it has adopted one of the suggested practices for family finding, as described, and how the practice has been implemented. Required a county who has not adopted one of the suggested practices to provide a copy of its existing family finding policies and practices to CDSS. Includes "family finding" activities within the due diligence required of a social worker and probation officer when investigating the names and locations of relatives.
SB 1091 (Hurtado) of 2022, would have required that funds, appropriated by the Legislature for this purpose, be available to fund new or expanded family finding and engagement techniques and would have required CDSS to fund contracts with community-based organizations or to provide local assistance allocations to counties or Indian tribes, or both. SB 1091 would have further required CDSS to convene a leadership team to develop recommendations relating to family finding and engagement as provided. SB 1091 was set to be heard by the Assembly Appropriations Committee but the hearing was cancelled by the author.
AB 2579 (Bennet) of 2022, would have required county placing agencies to implement model practices for intensive family finding and support for foster children, children detained but not adjudicated, and candidates for foster care. The bill would have further required counties to submit a plan to CDSS as a condition of receiving funding for these purposes. AB 2579 was held on the Senate Appropriations Committee suspense file.
SB 354 (Skinner), Chapter 687, Statutes of 2021, adopted changes to the criminal background check process during the RFA process for relatives of children placed in the child welfare system. SB 354 further permitted the court to authorize placement of children with relatives in certain circumstances, regardless of the status of any criminal exemption or RFA; and, required, no later than January 1, 2024, CDSS to submit a report to the Legislature related to criminal record exemptions, as specified.
SB 1336 (Jackson), Chapter 890, Statutes of 2016, required the juvenile court to make a finding as to whether the social worker exercised due diligence in conducting their investigation to identify, locate, and notify the child’s relatives, including whether specific actions were taken.
AB 1761 (Hall), Chapter 765, Statutes of 2014, clarified that the placement priority for relatives and NREFM applies both prior to the detention hearing and also after the detention hearing and prior to the dispositional hearing.
AB 2391 (Calderon) 2014, would have required the county social worker and the court, when determining whether placement with a relative is appropriate, to consider specified factors, and would have required that consideration for placement with a relative subsequent to a disposition hearing be given again without regard to whether a new placement of a child must be made.
AB 2391 was referred to the Senate Judiciary Committee but was not set for hearing.
REGISTERED SUPPORT / OPPOSITION:
Support
Children's Law Center of California (Sponsor)
All of Us or None of Us, Orange County
California Alliance of Caregivers
Dependency Advocacy Center
Dependency Legal Services (UNREG)
John Burton Advocates for Youth
Los Angeles Dependency Lawyers, INC.
The Law Offices of Dale Wilson
Opposition
None on file
Analysis Prepared by: Jessica Langtry / HUM. S. / (916) 319-2089
Bill Author
