BILL NUMBER: SB 794 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 2, 2015
INTRODUCED BY Committee on Human Services (Senators McGuire
(Chair), Berryhill, Hancock, Liu, and Nguyen)
MARCH 3, 2015
An act to add Section 1522.44 to the Health and Safety Code, to
amend Sections 11165.1 and 11166 of the Penal Code, and to amend
Sections 362.04, 362.05, 10618.6, 11386, 16003, 16118, 16131,
16131.5, and 16501.1 of, and to add Sections 16501.4 and 16501.45 to,
the Welfare and Institutions Code, relating to child welfare.
LEGISLATIVE COUNSEL'S DIGEST
SB 794, as amended, Committee on Human Services. Child welfare
services.
(1) Existing law establishes a system of statewide child welfare
services, administered by the State Department of Social Services and
county child welfare agencies, with the intent that all children are
entitled to be safe and free from abuse and neglect.
This bill would require county child welfare agencies, by
September 30, 2016, to develop and implement policies and procedures
to identify, document, and determine appropriate services for
children and youth who are receiving child welfare services pursuant
to federal law and are, or are at risk of becoming, victims of
commercial sexual exploitation. The bill would also require county
child welfare agencies, by July 1, 2016, to develop and implement
specific protocols to expeditiously locate any child missing from
foster care, as specified. By imposing these requirements on county
agencies, this bill would impose a state-mandated local program.
(2) Under existing law, a county social worker develops a case
plan that, among other things, identifies the child welfare services
that will be provided to a minor or nonminor dependent. Existing law
requires the county child welfare agency to give the child a
meaningful opportunity to participate in the development of the case
plan.
This bill would require county child welfare agencies to develop
case plans for youth 14 years of age or older and nonminor dependents
in consultation with the youth, and would authorize the
each youth to choose up to 2 members of the case
planning team, as specified. The bill would require that case plans
for these youth include a description of specified rights and
entitlements, as well as an acknowledgment signed by the
each youth that he or she was provided with this
information. The bill would also require the case plan for a child
or nonminor dependent who is, or who is at risk of becoming, the
victim of commercial sexual exploitation, to document the services
provided to address that issue. By imposing these case planning
requirements on county child welfare agencies, this will
bill would impose a state-mandated local
program.
(3) Existing law requires a caregiver of a dependent child to use
a reasonable and prudent parent standard in determining whether to
give permission for a child residing in foster care to participate in
extracurricular, enrichment, and social activities.
This bill would require that training for caregivers include
knowledge and skills relating to the reasonable and prudent parent
standard for participation in age or developmentally appropriate
activities. The bill would also require each licensed community care
facility that provides care and supervision to children, except
licensed foster family homes and certified family homes, to designate
at least one onsite staff member to apply the reasonable and prudent
parent standard to decisions involving the participation of the
child in age or developmentally appropriate activities. To the extent
this bill would impose foster parent training requirements on
counties, the bill would impose a state-mandated local program.
(4) Existing law requires a county welfare department, county
probation department, or the State Department of Social Services to
annually obtain a credit report, as specified, for a child in foster
care who is 16 years of age or older.
This bill would require that these services be provided to a child
in foster care who is 14 years of age or older. By increasing the
level of service provided by counties, the bill would impose a
state-mandated local program.
(5) Existing law requires the State Department of Social Services
to implement a statewide Child Welfare Services/Case Management
System to effectively administer and evaluate the state's child
welfare services and foster care programs.
This bill would require the department to ensure that the Child
Welfare Services/Case Management System is capable of collecting
specified information relating to the number of foster children who
are, or are at risk of becoming, victims of commercial sexual
exploitation.
(6) The Child Abuse and Neglect and
Reporting Act makes certain persons mandated reporters, and requires
those persons to report to a police department, sheriff's department,
county probation department, or the county welfare department
whenever he or she knows or reasonably suspects that a child has been
the victim of child abuse or neglect, as specified. Existing law
requires the county probation or welfare department to immediately,
or as soon as practicably possible, report to the law enforcement
agency having jurisdiction over the case, to the agency given the
responsibility for investigation of cases of child abuse and neglect,
and to the district attorney's office every known or suspected
instance of child abuse or neglect.
This bill would additionally require the county probation or
welfare department to report immediately, or in no
case later than 24 hours from receipt of the information,
report to the law enforcement agency having jurisdiction over the
case any known or suspected instance of child abuse
involves involving an allegation of sexual
exploitation, as defined, of a child or youth receiving child welfare
services. The bill would also require the county probation or
welfare department to make a report to the appropriate law
enforcement authority for entry into the National Crime Information
Center database of the Federal Bureau of Investigation and to the
National Center for Missing and Exploited Children within 24 hours of
becoming aware that a child or youth who is receiving child welfare
services and who is known or suspected to be the victim of sexual
exploitation is missing or has been abducted. By increasing the
duties of county probation and welfare departments, this bill would
impose a state-mandated local program.
(7) Existing law establishes the Adoption Assistance Program for
the purpose of benefiting children residing in foster homes by
providing the stability and security of permanent homes. Existing law
requires that any savings realized from the change in federal
funding for adoption assistance resulting from the enactment of the
federal Fostering Connections to Success and Increasing Adoptions Act
of 2008 be spent for the provision of foster care and adoption
services.
This bill would require that at least 30% of that savings be spent
on postadoption services, postguardianship services, and services to
support and sustain positive permanent outcomes for children who
might enter foster care, as specified.
(8) The Kinship Guardianship Assistance Payments
Payment for Children (Kin-GAP) Program provides
financial assistance to children who are eligible for foster care
maintenance payments and are placed in legal guardianship with a
relative. Under existing law, termination of the guardianship
terminates eligibility for Kin-GAP, unless an alternate kinship
guardian or coguardian is appointed, as provided.
This bill would instead provide that if a successor kinship
guardian is appointed, the successor guardian is entitled to receive
Kin-GAP on behalf of the child if the reason for the appointment is
the death or incapacity of the kinship guardian and the successor
guardian is named in the kinship guardianship assistance agreement.
(9) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1522.44 is added to the Health and Safety Code,
to read:
1522.44. (a) It is the policy of the state that caregivers of
children in foster care possess knowledge and skills relating to the
reasonable and prudent parent standard, as defined in subdivision (c)
of Section 362.05 of the Welfare and Institutions Code.
(b) Except for licensed foster family homes and certified family
homes, each licensed community care facility that provides care and
supervision to children and operates with staff shall designate at
least one onsite staff member to apply the reasonable and prudent
parent standard to decisions involving the participation of the child
in age or developmentally appropriate activities in accordance with
the requirements of Section 362.05 of the Welfare and Institutions
Code, Section 671(a)(10) of Title 42 of the United States Code, and
the regulations adopted by the department pursuant to this chapter.
(c) A licensed and certified foster parent or facility staff
member, as described in subdivision (b), shall receive training
related to the reasonable and prudent parent standard that is
consistent with Section 671(a)(24) of Title 42 of the United States
Code. This training shall be included in the training requirements
set forth in Section 1529.2.
(d) This section does not apply to runaway and homeless youth
shelters as defined in paragraph (14) of subdivision (a) of Section
1502.
SEC. 2. Section 11165.1 of the Penal Code is amended to read:
11165.1. As used in this article, "sexual abuse" means sexual
assault or sexual exploitation as defined by the following:
(a) "Sexual assault" means conduct in violation of one or more of
the following sections: Section 261 (rape), subdivision (d) of
Section 261.5 (statutory rape), Section 264.1 (rape in
concert), Section 285 (incest), Section 286
(sodomy), subdivision (a) or (b), or paragraph (1) of subdivision (c)
of Section 288 (lewd or lascivious acts upon a child), Section
288a (oral copulation), Section 289 (sexual
penetration), or Section 647.6 (child molestation).
(b) Conduct described as "sexual assault" includes, but is not
limited to, all of the following:
(1) Penetration, however slight, of the vagina or anal opening of
one person by the penis of another person, whether or not there is
the emission of semen.
(2) Sexual contact between the genitals or anal opening of one
person and the mouth or tongue of another person.
(3) Intrusion by one person into the genitals or anal opening of
another person, including the use of an object for this purpose,
except that, it does not include acts performed for a valid medical
purpose.
(4) The intentional touching of the genitals or intimate parts,
including the breasts, genital area, groin, inner thighs, and
buttocks, or the clothing covering them, of a child, or of the
perpetrator by a child, for purposes of sexual arousal or
gratification, except that it does not include acts which may
reasonably be construed to be normal caretaker responsibilities;
interactions with, or demonstrations of affection for, the child; or
acts performed for a valid medical purpose.
(5) The intentional masturbation of the perpetrator's genitals in
the presence of a child.
(c) "Sexual exploitation" refers to any of the following:
(1) Conduct involving matter depicting a minor engaged in obscene
acts in violation of Section 311.2 (preparing, selling, or
distributing obscene matter) or subdivision (a) of Section 311.4
(employment of minor to perform obscene acts).
(2) A person who knowingly promotes, aids, or assists, employs,
uses, persuades, induces, or coerces a child, or a person responsible
for a child's welfare, who knowingly permits or encourages a child
to engage in, or assist others to engage in, prostitution or a live
performance involving obscene sexual conduct, or to either pose or
model alone or with others for purposes of preparing a film,
photograph, negative, slide, drawing, painting, or other pictorial
depiction, involving obscene sexual conduct, or who sexually
trafficks a child, as described in subdivision (c) of Section 236.1,
or commercially sexually exploits a child, as described in paragraph
(2) of subdivision (b) of Section 300 of the Welfare and Institutions
Code. For the purpose of this section, "person responsible for a
child's welfare" means a parent, guardian, foster parent, or a
licensed administrator or employee of a public or private residential
home, residential school, or other residential institution.
(3) A person who depicts a child in, or who knowingly develops,
duplicates, prints, downloads, streams, accesses through any
electronic or digital media, or exchanges, a film, photograph,
videotape, video recording, negative, or slide in which a child is
engaged in an act of obscene sexual conduct, except for those
activities by law enforcement and prosecution agencies and other
persons described in subdivisions (c) and (e) of Section 311.3.
SEC. 3. Section 11166 of the Penal Code is amended to read:
11166. (a) Except as provided in subdivision (d), and in Section
11166.05, a mandated reporter shall make a report to an agency
specified in Section 11165.9 whenever the mandated reporter, in his
or her professional capacity or within the scope of his or her
employment, has knowledge of or observes a child whom the mandated
reporter knows or reasonably suspects has been the victim of child
abuse or neglect. The mandated reporter shall make an initial report
by telephone to the agency immediately or as soon as is practicably
possible, and shall prepare and send, fax, or electronically transmit
a written followup report within 36 hours of receiving the
information concerning the incident. The mandated reporter may
include with the report any nonprivileged documentary evidence the
mandated reporter possesses relating to the incident.
(1) For purposes of this article, "reasonable suspicion" means
that it is objectively reasonable for a person to entertain a
suspicion, based upon facts that could cause a reasonable person in a
like position, drawing, when appropriate, on his or her training and
experience, to suspect child abuse or neglect. "Reasonable suspicion"
does not require certainty that child abuse or neglect has occurred
nor does it require a specific medical indication of child abuse or
neglect; any "reasonable suspicion" is sufficient. For purposes of
this article, the pregnancy of a minor does not, in and of itself,
constitute a basis for a reasonable suspicion of sexual abuse.
(2) The agency shall be notified and a report shall be prepared
and sent, faxed, or electronically transmitted even if the child has
expired, regardless of whether or not the possible abuse was a factor
contributing to the death, and even if suspected child abuse was
discovered during an autopsy.
(3) A report made by a mandated reporter pursuant to this section
shall be known as a mandated report.
(b) If, after reasonable efforts, a mandated reporter is unable to
submit an initial report by telephone, he or she shall immediately
or as soon as is practicably possible, by fax or electronic
transmission, make a one-time automated written report on the form
prescribed by the Department of Justice, and shall also be available
to respond to a telephone followup call by the agency with which he
or she filed the report. A mandated reporter who files a one-time
automated written report because he or she was unable to submit an
initial report by telephone is not required to submit a written
followup report.
(1) The one-time automated written report form prescribed by the
Department of Justice shall be clearly identifiable so that it is not
mistaken for a standard written followup report. In addition, the
automated one-time report shall contain a section that allows the
mandated reporter to state the reason the initial telephone call was
not able to be completed. The reason for the submission of the
one-time automated written report in lieu of the procedure prescribed
in subdivision (a) shall be captured in the Child Welfare
Services/Case Management System (CWS/CMS). The department shall work
with stakeholders to modify reporting forms and the CWS/CMS as is
necessary to accommodate the changes enacted by these provisions.
(2) This subdivision shall not become operative until the CWS/CMS
is updated to capture the information prescribed in this subdivision.
(3) This subdivision shall become inoperative three years after
this subdivision becomes operative or on January 1, 2009, whichever
occurs first.
(4) On the inoperative date of these provisions, a report shall be
submitted to the counties and the Legislature by the State
Department of Social Services that reflects the data collected from
automated one-time reports indicating the reasons stated as to why
the automated one-time report was filed in lieu of the initial
telephone report.
(5) Nothing in this section shall supersede the requirement that a
mandated reporter first attempt to make a report via telephone, or
that agencies specified in Section 11165.9 accept reports from
mandated reporters and other persons as required.
(c) A mandated reporter who fails to report an incident of known
or reasonably suspected child abuse or neglect as required by this
section is guilty of a misdemeanor punishable by up to six months
confinement in a county jail or by a fine of one thousand dollars
($1,000) or by both that imprisonment and fine. If a mandated
reporter intentionally conceals his or her failure to report an
incident known by the mandated reporter to be abuse or severe neglect
under this section, the failure to report is a continuing offense
until an agency specified in Section 11165.9 discovers the offense.
(d) (1) A clergy member who acquires knowledge or a reasonable
suspicion of child abuse or neglect during a penitential
communication is not subject to subdivision (a). For the purposes of
this subdivision, "penitential communication" means a communication,
intended to be in confidence, including, but not limited to, a
sacramental confession, made to a clergy member who, in the course of
the discipline or practice of his or her church, denomination, or
organization, is authorized or accustomed to hear those
communications, and under the discipline, tenets, customs, or
practices of his or her church, denomination, or organization, has a
duty to keep those communications secret.
(2) Nothing in this subdivision shall be construed to modify or
limit a clergy member's duty to report known or suspected child abuse
or neglect when the clergy member is acting in some other capacity
that would otherwise make the clergy member a mandated reporter.
(3) (A) On or before January 1, 2004, a clergy member or any
custodian of records for the clergy member may report to an agency
specified in Section 11165.9 that the clergy member or any custodian
of records for the clergy member, prior to January 1, 1997, in his or
her professional capacity or within the scope of his or her
employment, other than during a penitential communication, acquired
knowledge or had a reasonable suspicion that a child had been the
victim of sexual abuse and that the clergy member or any custodian of
records for the clergy member did not previously report the abuse to
an agency specified in Section 11165.9. The provisions of Section
11172 shall apply to all reports made pursuant to this paragraph.
(B) This paragraph shall apply even if the victim of the known or
suspected abuse has reached the age of majority by the time the
required report is made.
(C) The local law enforcement agency shall have jurisdiction to
investigate any report of child abuse made pursuant to this paragraph
even if the report is made after the victim has reached the age of
majority.
(e) (1) A commercial film, photographic print, or image processor
who has knowledge of or observes, within the scope of his or her
professional capacity or employment, any film, photograph, videotape,
negative, slide, or any representation of information, data, or an
image, including, but not limited to, any film, filmstrip,
photograph, negative, slide, photocopy, videotape, video laser disc,
computer hardware, computer software, computer floppy disk, data
storage medium, CD-ROM, computer-generated equipment, or
computer-generated image depicting a child under 16 years of age
engaged in an act of sexual conduct, shall, immediately or as soon as
practicably possible, telephonically report the instance of
suspected abuse to the law enforcement agency located in the county
in which the images are seen. Within 36 hours of receiving the
information concerning the incident, the reporter shall prepare and
send, fax, or electronically transmit a written followup report of
the incident with a copy of the image or material attached.
(2) A commercial computer technician who has knowledge of or
observes, within the scope of his or her professional capacity or
employment, any representation of information, data, or an image,
including, but not limited to, any computer hardware, computer
software, computer file, computer floppy disk, data storage medium,
CD-ROM, computer-generated equipment, or computer-generated image
that is retrievable in perceivable form and that is intentionally
saved, transmitted, or organized on an electronic medium, depicting a
child under 16 years of age engaged in an act of sexual conduct,
shall immediately, or as soon as practicably possible, telephonically
report the instance of suspected abuse to the law enforcement agency
located in the county in which the images or material
materials are seen. As soon as practicably
possible after receiving the information concerning the incident, the
reporter shall prepare and send, fax, or electronically transmit a
written followup report of the incident with a brief description of
the images or materials.
(3) For purposes of this article, "commercial computer technician"
includes an employee designated by an employer to receive reports
pursuant to an established reporting process authorized by
subparagraph (B) of paragraph (43) of subdivision (a) of Section
11165.7.
(4) As used in this subdivision, "electronic medium" includes, but
is not limited to, a recording, CD-ROM, magnetic disk memory,
magnetic tape memory, CD, DVD, thumbdrive, or any other computer
hardware or media.
(5) As used in this subdivision, "sexual conduct" means any of the
following:
(A) Sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex or between humans and animals.
(B) Penetration of the vagina or rectum by any object.
(C) Masturbation for the purpose of sexual stimulation of the
viewer.
(D) Sadomasochistic abuse for the purpose of sexual stimulation of
the viewer.
(E) Exhibition of the genitals, pubic, or rectal areas of a person
for the purpose of sexual stimulation of the viewer.
(f) Any mandated reporter who knows or reasonably suspects that
the home or institution in which a child resides is unsuitable for
the child because of abuse or neglect of the child shall bring the
condition to the attention of the agency to which, and at the same
time as, he or she makes a report of the abuse or neglect pursuant to
subdivision (a).
(g) Any other person who has knowledge of or observes a child whom
he or she knows or reasonably suspects has been a victim of child
abuse or neglect may report the known or suspected instance of child
abuse or neglect to an agency specified in Section 11165.9. For
purposes of this section, "any other person" includes a mandated
reporter who acts in his or her private capacity and not in his or
her professional capacity or within the scope of his or her
employment.
(h) When two or more persons, who are required to report, jointly
have knowledge of a known or suspected instance of child abuse or
neglect, and when there is agreement among them, the telephone report
may be made by a member of the team selected by mutual agreement and
a single report may be made and signed by the selected member of the
reporting team. Any member who has knowledge that the member
designated to report has failed to do so shall thereafter make the
report.
(i) (1) The reporting duties under this section are individual,
and no supervisor or administrator may impede or inhibit the
reporting duties, and no person making a report shall be subject to
any sanction for making the report. However, internal procedures to
facilitate reporting and apprise supervisors and administrators of
reports may be established provided that they are not inconsistent
with this article.
(2) The internal procedures shall not require any employee
required to make reports pursuant to this article to disclose his or
her identity to the employer.
(3) Reporting the information regarding a case of possible child
abuse or neglect to an employer, supervisor, school principal, school
counselor, coworker, or other person shall not be a substitute for
making a mandated report to an agency specified in Section 11165.9.
(j) (1) A county probation or welfare department shall
immediately, or as soon as practicably possible, report by telephone,
fax, or electronic transmission to the law enforcement agency having
jurisdiction over the case, to the agency given the responsibility
for investigation of cases under Section 300 of the Welfare and
Institutions Code, and to the district attorney's office every known
or suspected instance of child abuse or neglect, as defined in
Section 11165.6, except acts or omissions coming within subdivision
(b) of Section 11165.2, or reports made pursuant to Section 11165.13
based on risk to a child that relates solely to the inability of the
parent to provide the child with regular care due to the parent's
substance abuse, which shall be reported only to the county welfare
or probation department. When the known or suspected instance of
child abuse involves an allegation of sexual exploitation, as defined
in paragraph (2) of subdivision (c) of Section 11165.1, of a child
or youth receiving child welfare services, the county probation or
welfare department shall immediately, or in no case later than 24
hours from receipt of the information, report the incident by
telephone, fax, or electronic transmission to the law enforcement
agency having jurisdiction over the case, to the agency
responsible for investigating cases described in Section 300 of the
Welfare and Institutions Code, and to the district attorney's office.
case. A county probation or welfare department
also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the
incident to any agency to which it makes a telephone report under
this subdivision.
(2) When a child or youth who is receiving child welfare services
and who is known or suspected to be the victim of sexual
exploitation, as defined in paragraph (2) of subdivision (c) of
Section 11165.1, is missing or has been abducted, the county
probation or welfare department shall immediately, or in no case
later than 24 hours from receipt of the information, report the
incident to the appropriate law enforcement authority for entry into
the National Crime Information Center database of the Federal Bureau
of Investigation and to the National Center for Missing and Exploited
Children.
(k) A law enforcement agency shall immediately, or as soon as
practicably possible, report by telephone, fax, or electronic
transmission to the agency given responsibility for investigation of
cases under Section 300 of the Welfare and Institutions Code and to
the district attorney's office every known or suspected instance of
child abuse or neglect reported to it, except acts or omissions
coming within subdivision (b) of Section 11165.2, which shall be
reported only to the county welfare or probation department. A law
enforcement agency shall report to the county welfare or probation
department every known or suspected instance of child abuse or
neglect reported to it which is alleged to have occurred as a result
of the action of a person responsible for the child's welfare, or as
the result of the failure of a person responsible for the child's
welfare to adequately protect the minor from abuse when the person
responsible for the child's welfare knew or reasonably should have
known that the minor was in danger of abuse. A law enforcement agency
also shall send, fax, or electronically transmit a written report
thereof within 36 hours of receiving the information concerning the
incident to any agency to which it makes a telephone report under
this subdivision.
SEC. 4. Section 362.04 of the Welfare and Institutions Code is
amended to read:
362.04. (a) For purposes of this section:
(1) "Caregiver" means any licensed certified foster parent,
approved relative caregiver, or approved nonrelative extended family
member, or approved resource family.
(2) "Reasonable and prudent parent" or "reasonable and prudent
parent standard" has the meaning set forth in subdivision (c) of
Section 362.05.
(3) "Short term" means no more than 24 consecutive hours.
(b) Every caregiver may arrange for occasional short-term
babysitting of their foster child and allow individuals to supervise
the foster child for the purposes set forth in Section 362.05, or on
occasions, including, but not limited to, when the foster parent has
a medical or other health care appointment, grocery or other
shopping, personal grooming appointments, special occasions for the
foster parents, foster parent training classes, school-related
meetings (such as parent-teacher conferences), business meetings,
adult social gatherings, or an occasional evening out by the foster
parent.
(c) Caregivers shall use a reasonable and prudent parent standard
in determining and selecting appropriate babysitters for occasional
short-term use.
(d) The caregiver shall endeavor to provide the babysitter with
the following information before leaving the child for purposes of
short-term care:
(1) Information about the child's emotional, behavioral,
medical medical, or physical conditions, if any,
necessary to provide care for the child during the time the foster
child is being supervised by the babysitter.
(2) Any medication that should be administered to the foster child
during the time the foster child is being supervised by the
babysitter.
(3) Emergency contact information that is valid during the time
the foster child is being supervised by the babysitter.
(e) Babysitters selected by the caregiver to provide occasional
short-term care to a foster child under the provisions of this
section shall be exempt from any department regulation requiring
health screening or cardiopulmonary resuscitation certification or
training.
(f) Each state and local entity shall ensure that private agencies
that provide foster care services to dependent children have
policies consistent with this section. Policies that are not
consistent with this section include those that are incompatible
with, contradictory to, or more restrictive than this section.
SEC. 5. Section 362.05 of the Welfare and Institutions Code is
amended to read:
362.05. (a) (1) Every child adjudged a dependent child of the
juvenile court shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. No state or local
regulation or policy may prevent, or create barriers to,
participation in those activities. Each state and local entity shall
ensure that private agencies that provide foster care services to
dependent children have policies consistent with this section and
that those agencies promote and protect the ability of dependent
children to participate in age-appropriate extracurricular,
enrichment, and social activities. A group home administrator, a
facility manager, or his or her responsible designee, and a
caregiver, as defined in paragraph (1) of subdivision (a) of Section
362.04, shall use a reasonable and prudent parent standard in
determining whether to give permission for a child residing in foster
care to participate in extracurricular, enrichment, and social
activities. A group home administrator, a facility manager, or his or
her responsible designee, and a caregiver shall take reasonable
steps to determine the appropriateness of the activity in
consideration of the child's age, maturity, and developmental level.
(2) Training for caregivers shall include knowledge and skills
relating to the reasonable and prudent parent standard for the
participation of the child in age or developmentally appropriate
activities, consistent with this section and Section 671(a)(24) of
Title 42 of the United States Code.
(b) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the child at
the group home in applying and using the reasonable and prudent
parent standard.
(c) "Reasonable and prudent parent" or "reasonable and prudent
parent standard" means the standard characterized by careful and
sensible parental decisions that maintain the health, safety, and
best interests of a child while at the same time encouraging the
emotional and developmental growth of the child, that a caregiver
shall use when determining whether to allow a child in foster care
under the responsibility of the state to participate in
extracurricular, enrichment, cultural, and social activities.
SEC. 6. Section 10618.6 of the Welfare and Institutions Code is
amended to read:
10618.6. (a) (1) When a child in a foster care placement reaches
his or her 14th birthday, and each year thereafter, while the child
is under the jurisdiction of the juvenile court, the county welfare
department, county probation department, or, if an automated process
is available, the State Department of Social Services, shall inquire
of each of the three major credit reporting agencies as to whether
the child has any consumer credit history.
(2) If the State Department of Social Services makes the inquiry,
it shall notify the county welfare department or county probation
department in the county having jurisdiction over the child of the
results of that inquiry.
(3) Pursuant to the federal Child and Family Services Improvement
and Innovation Act of 2011 (Public Law
112-34) and the federal Fair Credit Reporting Act,
Act (15 U.S.C. Sec. 1681 et seq.), if an inquiry
performed pursuant to this subdivision indicates that a child has a
consumer credit history with any major credit reporting agency,
the responsible county welfare
department or county probation department shall request a consumer
credit report from that credit reporting agency.
(b) For a nonminor dependent, the county welfare department or
county probation department shall assist the young adult, on a yearly
basis while the nonminor dependent is under the jurisdiction of the
juvenile court, with requesting the consumer credit report from each
of the three major credit reporting agencies, pursuant to the free
annual disclosure provision of the federal Fair Credit Reporting
Act. Act (15 U.S.C. Sec. 1681 et
seq.).
(c) The county social worker or county probation officer shall
ensure that the child or nonminor dependent receives assistance with
interpreting the consumer credit report and resolving any
inaccuracies. The assistance may include, but is not limited to,
referring the youth to a governmental or nonprofit agency that
provides consumer credit services. This section does not require the
social worker or probation officer to be the individual providing the
direct assistance with interpreting the consumer credit disclosure
or resolving the inaccuracies.
(d) Notwithstanding any other law, in order to make an inquiry or
to request a consumer credit report for youth pursuant to this
section, the county welfare department, county probation department,
or, if an automated process is available, the State Department of
Social Services may release necessary information to a credit
reporting agency.
(e) No later than February 1, 2016, the State Department of Social
Services shall provide information to the Assembly Committee on
Budget, the Senate Budget and Fiscal Review Committee, and the
appropriate legislative policy committees regarding the
implementation of this section, including, but not limited to, any
state and county barriers to obtaining credit reports as required by
the federal Child and Family Services Improvement and Innovation Act
of 2011. (Public Law 112-34).
SEC. 7. Section 11386 of the Welfare and Institutions Code is
amended to read:
11386. Aid shall be provided under this article on behalf of a
child under 18 years of age, and to any eligible youth under 19 years
of age, as provided in Section 11403, under all of the following
conditions:
(a) The child satisfies both of the following requirements:
(1) He or she has been removed from his or her home pursuant to a
voluntary placement agreement, or as a result of judicial
determination, including being adjudged a dependent child of the
court, pursuant to Section 300, or a ward of the court, pursuant to
Section 601 or 602, to the effect that continuation in the home would
be contrary to the welfare of the child.
(2) He or she has been eligible for federal foster care
maintenance payments under Article 5 (commencing with Section 11400)
while residing for at least six consecutive months in the approved
home of the prospective relative guardian while under the
jurisdiction of the juvenile court or a voluntary placement
agreement.
(b) Being returned to the parental home or being
adopted are not appropriate permanency options for the child.
(c) The child demonstrates a strong attachment to the relative
guardian, and the relative guardian has a strong commitment to caring
permanently for the child and, with respect to the child who has
attained 12 years of age, the child has been consulted regarding the
kinship guardianship arrangement.
(d) The child has had a kinship guardianship established pursuant
to Section 360 or 366.26.
(e) The child has had his or her dependency jurisdiction
terminated pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (d) of Section 728, concurrently
or subsequently to the establishment of the kinship guardianship.
(f) If the conditions specified in subdivisions (a)
through to (e), inclusive, are met and,
subsequent to the termination of dependency jurisdiction, any parent
or person having an interest files with the juvenile court a petition
pursuant to Section 388 to change, modify, or set aside an order of
the court, Kin-GAP payments shall continue unless and until the
juvenile court orders the child removed from the home of the
guardian, terminates the guardianship, or maintains dependency
jurisdiction after the court concludes the hearing on the petition
filed under Section 388.
(g) A child or nonminor former dependent or ward shall be eligible
for Kin-GAP payments if he or she meets one of the following age
criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a physical or
mental disability that warrants the continuation of assistance.
(3) Through December 31, 2011, he or she satisfies the conditions
of Section 11403, and on and after January 1, 2012, he or she
satisfies the conditions of Section 11403.01.
(4) He or she satisfies the conditions as described in subdivision
(h).
(h) Effective January 1, 2012, Kin-GAP payments shall continue for
youths who have attained 18 years of age and are under 19 years of
age, if they reached 16 years of age before the Kin-GAP negotiated
agreement payments commenced, and as described in Section 10103.5.
Effective January 1, 2013, Kin-GAP payments shall continue for youths
who have attained 18 years of age and are under 20 years of age, if
they reached 16 years of age before the Kin-GAP negotiated agreement
payments commenced, and as described in Section 10103.5. Effective
January 1, 2014, Kin-GAP payments shall continue for youths who have
attained 18 years of age and are under 21 years of age, if they
reached 16 years of age before the Kin-GAP negotiated agreement
payments commenced. To be eligible for continued payments, the youth
shall satisfy one or more of the conditions specified in paragraphs
(1) to (5), inclusive, of subdivision (b) of Section 11403.
(i) Termination of the guardianship with a kinship guardian shall
terminate eligibility for Kin-GAP, unless the conditions of Section
11403 apply. However, if a successor guardian is appointed pursuant
to Section 366.3 who is also a kinship guardian, the successor
guardian shall be entitled to receive Kin-GAP on behalf of the child
pursuant to this article if the reason for the appointment of the
successor guardian is the death or incapacity of the kinship guardian
and the successor guardian is named in the kinship guardianship
assistance agreement or amendment to the agreement. A new period of
six months of placement with the successor guardian shall not be
required if that successor guardian has been assessed pursuant to
Section 361.3 and Section 361.4 and the court terminates dependency
jurisdiction, subject to federal approval of amendments to the state
plan.
SEC. 8. Section 16003 of the Welfare and Institutions Code is
amended to read:
16003. (a) In order to promote the successful implementation of
the statutory preference for foster care placement with a relative
caretaker as set forth in Section 7950 of the Family Code, each
community college district with a foster care education program shall
make available orientation and training, pursuant to Sections
1529.2 and 1522.44 and 1529.2
of the Health and Safety Code, to the relative or nonrelative
extended family member caregiver into whose care the county has
placed a foster child. The training shall include, but is not limited
to, courses that cover the following:
(1) The role, rights, and responsibilities of a relative or
nonrelative extended family member caregiver caring for a child in
foster care, including the right of a foster child to have fair and
equal access to all available services, placement, care, treatment,
and benefits, and to not be subjected to discrimination or harassment
on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
(2) An overview of the child protective system.
(3) The effects of child abuse and neglect on child development.
(4) Positive discipline and the importance of self-esteem.
(5) Health issues in foster care.
(6) Accessing education and health services that are available to
foster children.
(7) Relationship and safety issues regarding contact with one or
both of the birth parents.
(8) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(9) Information on resources available for those who meet
eligibility criteria, including out-of-home care payments, the
Medi-Cal program, in-home supportive services, and other similar
resources.
(10) Instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.
(11) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19
of Division 1 of Title 1 of the Education Code).
(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:
(1) Age-appropriate child development.
(2) Health issues in foster care.
(3) Positive discipline and the importance of self-esteem.
(4) Emancipation and independent living.
(5) Accessing education and health services available to foster
children.
(6) Relationship and safety issues regarding contact with one or
both of the birth parents.
(7) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(8) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19
of Division 1 of Title 1 of the Education Code).
(c) In addition to the requirements of subdivisions (a) and (b),
each community college district with a foster care education program,
in providing the orientation program, shall develop appropriate
program parameters in collaboration with the counties.
(d) Each community college district with a foster care education
program shall make every attempt to make the training and orientation
programs for relative or nonrelative extended family member
caregivers highly accessible in the communities in which they reside.
(e) When a child is placed with a relative or nonrelative extended
family member caregiver, the county shall inform the caregiver of
the availability of training and orientation programs and it is the
intent of the Legislature that the county shall forward the names and
addresses of relative or nonrelative extended family member
caregivers to the appropriate community colleges providing the
training and orientation programs.
(f) This section shall not be construed to preclude counties from
developing or expanding existing training and orientation programs
for foster care providers to include relative or nonrelative extended
family member caregivers.
SEC. 9. Section 16118 of the Welfare and Institutions Code is
amended to read:
16118. (a) The department shall establish and administer the
program to be carried out by the department or the county pursuant to
this chapter. The department shall adopt any regulations necessary
to carry out the provisions of this chapter.
(b) The department shall keep the records necessary to evaluate
the program's effectiveness in encouraging and promoting the adoption
of children eligible for the Adoption Assistance Program.
(c) The department or the county responsible for providing
financial aid in the amount determined in Section 16120 shall have
responsibility for certifying that the child meets the eligibility
criteria and for determining the amount of financial assistance
needed by the child and the adopting family.
(d) The department shall actively seek and make maximum use of
federal funds that may be available for the purposes of this chapter.
In accordance with federal law, any savings realized from the change
in federal funding for adoption assistance resulting from the
enactment of the federal Fostering Connections to Success and
Increasing Adoptions Act of 2008 (Public Law 110-351) shall be spent
for the provision of foster care and adoption services, and the
counties shall annually report to the department how these savings
are spent, including any expenditures for post-adoption services. Not
less than 30 percent of that these
savings shall be spent on postadoption services, postguardianship
services, and services to support and sustain positive permanent
outcomes for children who otherwise might enter into foster care. Of
that 30-percent amount, at least two-thirds shall be spent on
postadoption and postguardianship services. The process for
submitting this information shall be developed by the department, in
consultation with counties. All gifts or grants received from private
sources for the purpose of this chapter shall be used to offset
public costs incurred under the program established by this chapter.
(e) For purposes of this chapter, the county responsible for
determining the child's Adoption Assistance Program eligibility
status and for providing financial aid in the amount determined in
Sections 16120 and 16120.1 shall be the county that, at the time of
the adoptive placement, would otherwise be responsible for making a
payment pursuant to Section 11450 under the CalWORKs program or
Section 11461 under the Aid to Families with Dependent
Children-Foster Care program if the child were not adopted. When the
child has been voluntarily relinquished for adoption prior to a
determination of eligibility for this payment, the responsible county
shall be the county in which the relinquishing parent resides. The
responsible county for all other eligible children shall be the
county where the child is physically residing prior to placement with
the adoptive family. The responsible county shall certify
eligibility on a form prescribed by the department.
(f) Beginning in the 2011-12 fiscal year, and for each fiscal year
thereafter, funding and expenditures for programs and activities
under this section shall be in accordance with the requirements
provided in Sections 30025 and 30026.5 of the Government Code.
SEC. 10. Section 16131 of the Welfare and Institutions Code is
amended to read:
16131. It is the intent of the Legislature to conform state
statutes to federal legislation, including the Preventing Sex
Trafficking and Strengthening Families Act (Public Law 113-183) and
the Adoption and Safe Families Act of 1997 (Public Law 105-89), and
to reinvest any incentive payments received through implementation of
the federal act into the child welfare system in order to provide
adoption services and other legal permanency options for children.
SEC. 11. Section 16131.5 of the Welfare and Institutions Code is
amended to read:
16131.5. (a) The state shall reinvest adoption and guardianship
incentive payments received through the implementation of the federal
Fostering Connections to Success and Increasing Adoptions Act of
2008 (Public Law 110-351) and the Preventing Sex Trafficking and
Strengthening Families Act (Public Law 113-183) into the child
welfare system, in order to provide legal permanency outcomes for
older children, including, but not limited to, adoption,
guardianship, and reunification of children whose reunification
services were previously terminated.
(b) The incentive payments received pursuant to subdivision (a),
upon appropriation by the Legislature in the annual Budget Act or
another statute, shall be allocated by the State Department of Social
Services to the counties, and the department for a county in which
the department serves as an adoption agency, based on documented
increases in legal permanency outcomes for older children achieved by
each county, as determined by the department, in consultation with
counties, for the purposes specified in this section.
(c) A county, or the department when it acts as the adoption
agency for a county, shall use adoption and guardianship incentive
payment funds to improve or sustain legal permanency outcomes for
older children.
(d) Nothing in this section shall be construed to supplant funds
currently being spent on programs to provide legal permanency
outcomes.
SEC. 12. Section 16501.1 of the Welfare and Institutions Code is
amended to read:
16501.1. (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
(b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
(2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
(3) Upon a determination pursuant to paragraph (1) of subdivision
(e) of Section 361.5 that reasonable services will be offered to a
parent who is incarcerated in a county jail or state prison, detained
by the United States Department of Homeland Security, or deported to
his or her country of origin, the case plan shall include
information, to the extent possible, about a parent's incarceration
in a county jail or the state prison, detention by the United States
Department of Homeland Security, or deportation during the time that
a minor child of that parent is involved in dependency care.
(4) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
(5) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
(c) (1) If out-of-home placement is used to attain case plan
goals, the case plan shall include a description of the type of home
or institution in which the child is to be placed, and the reasons
for that placement decision. The decision regarding choice of
placement shall be based upon selection of a safe setting that is the
least restrictive or most familylike and the most appropriate
setting that is available and in close proximity to the parent's
home, proximity to the child's school, and consistent with the
selection of the environment best suited to meet the child's special
needs and best interests. The selection shall consider, in order of
priority, placement with relatives, nonrelated extended family
members, tribal members, and foster family homes, certified homes of
foster family agencies, intensive treatment or multidimensional
treatment foster care homes, group care placements, such as group
homes and community treatment facilities, and residential treatment
pursuant to Section 7950 of the Family Code.
(2) If a group care placement is selected for a child, the case
plan shall indicate the needs of the child that necessitate this
placement, the plan for transitioning the child to a less restrictive
environment, and the projected timeline by which the child will be
transitioned to a less restrictive environment. This section of the
case plan shall be reviewed and updated at least semiannually.
(3) On or after January 1, 2012, for a nonminor dependent, as
defined in subdivision (v) of Section 11400, who is receiving AFDC-FC
benefits up to 21 years of age pursuant to Section 11403, in
addition to the above requirements, the selection of the placement,
including a supervised independent living placement, as described in
subdivision (w) of Section 11400, shall also be based upon the
developmental needs of young adults by providing opportunities to
have incremental responsibilities that prepare a nonminor dependent
to transition to successful adulthood. If admission to, or
continuation in, a group home placement is being considered for a
nonminor dependent, the group home placement approval decision shall
include a youth-driven, team-based case planning process, as defined
by the department, in consultation with stakeholders. The case plan
shall consider the full range of placement options, and shall specify
why admission to, or continuation in, a group home placement is the
best alternative available at the time to meet the special needs or
well-being of the nonminor dependent, and how the placement will
contribute to the nonminor dependent's transition to successful
adulthood. The case plan shall specify the treatment strategies that
will be used to prepare the nonminor dependent for discharge to a
less restrictive and more familylike setting, including a target date
for discharge from the group home placement. The placement shall be
reviewed and updated on a regular, periodic basis to ensure that
continuation in the group home remains in the best interests of the
nonminor dependent and that progress is being made in achieving case
plan goals leading to successful adulthood. The group home placement
planning process shall begin as soon as it becomes clear to the
county welfare department or probation office that a foster child in
group home placement is likely to remain in group home placement on
his or her 18th birthday, in order to expedite the transition to a
less restrictive and more familylike setting if he or she becomes a
nonminor dependent. The case planning process shall include informing
the youth of all of his or her options, including, but not limited
to, admission to or continuation in a group home placement.
Consideration for continuation of existing group home placement for a
nonminor dependent under 19 years of age may include the need to
stay in the same placement in order to complete high school. After a
nonminor dependent either completes high school or attains his or her
19th birthday, whichever is earlier, continuation in or admission to
a group home is prohibited unless the nonminor dependent satisfies
the conditions of paragraph (5) of subdivision (b) of Section 11403,
and group home placement functions as a short-term transition to the
appropriate system of care. Treatment services provided by the group
home placement to the nonminor dependent to alleviate or ameliorate
the medical condition, as described in paragraph (5) of subdivision
(b) of Section 11403, shall not constitute the sole basis to
disqualify a nonminor dependent from the group home placement.
(4) In addition to the requirements of paragraphs (1) to (3),
inclusive, and taking into account other statutory considerations
regarding placement, the selection of the most appropriate home that
will meet the child's special needs and best interests shall also
promote educational stability by taking into consideration proximity
to the child's school of origin, and school attendance area, the
number of school transfers the child has previously experienced, and
the child's school matriculation schedule, in addition to other
indicators of educational stability that the Legislature hereby
encourages the State Department of Social Services and the State
Department of Education to develop.
(d) A written case plan shall be completed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) of Section 16501 if the child has not
been removed from his or her home, or by the date of the
dispositional hearing pursuant to Section 358, whichever occurs
first. The case plan shall be updated, as the service needs of the
child and family dictate. At a minimum, the case plan shall be
updated in conjunction with each status review hearing conducted
pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing
conducted pursuant to Section 366.26, but no less frequently than
once every six months. Each updated case plan shall include a
description of the services that have been provided to the child
under the plan and an evaluation of the appropriateness and
effectiveness of those services.
(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child's family, as well as the input of relatives and other
interested parties.
(2) The extension of the maximum time available for preparing a
written case plan from the 30 to 60 days shall be effective 90 days
after the date that the department gives counties written notice that
necessary changes have been made to the Child Welfare Services Case
Management System to account for the 60-day timeframe for preparing a
written case plan.
(e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
(f) The case plan shall be developed as follows:
(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
(4) The case plan shall include a description of the schedule of
the placement agency contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or probation officer, or a social worker or probation
officer on the staff of the agency in the state in which the child
has been placed, shall visit the child in a foster family home or the
home of a relative, consistent with federal law and in accordance
with the department's approved state plan. For children in
out-of-state group home facilities, visits shall be conducted at
least monthly, pursuant to Section 16516.5. At least once every six
months, at the time of a regularly scheduled placement agency contact
with the foster child, the child's social worker or probation
officer shall inform the child of his or her rights as a foster
child, as specified in Section 16001.9. The social worker or
probation officer shall provide the information to the child in a
manner appropriate to the age or developmental level of the child.
(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
(B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
(A) The death of an immediate relative.
(B) The birth of a sibling.
(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
(8) Effective January 1, 2010, a case plan shall ensure the
educational stability of the child while in foster care and shall
include both of the following:
(A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of
placement.
(B) An assurance that the placement agency has coordinated with
the person holding the right to make educational decisions for the
child and appropriate local educational agencies to ensure that the
child remains in the school in which the child is enrolled at the
time of placement or, if remaining in that school is not in the best
interests of the child, assurances by the placement agency and the
local educational agency to provide immediate and appropriate
enrollment in a new school and to provide all of the child's
educational records to the new school.
(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings. This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
(B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.
(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest. A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
(12) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In a voluntary service or placement
agreement, the parents or legal guardians shall be required to
review and sign the case plan. Whenever possible, parents and legal
guardians shall participate in the development of the case plan.
Commencing January 1, 2012, for nonminor dependents, as defined in
subdivision (v) of Section 11400, who are receiving AFDC-FC or
CalWORKs assistance up to 21 years of age pursuant to Section 11403,
the transitional independent living case plan, as set forth in
subdivision (y) of Section 11400, shall be developed with, and signed
by, the nonminor.
(B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be advised
that the parent's or guardian's failure to cooperate, except for
good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21, 366.22, or 366.25 of this code as
evidence.
(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of age
or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.
(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
(15) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child's wishes regarding their permanent
placement plan and an assessment of those stated wishes. The agency
shall also include documentation of the steps the agency is taking to
find an adoptive family or other permanent living arrangements for
the child; to place the child with an adoptive family, an appropriate
and willing relative, a legal guardian, or in another planned
permanent living arrangement; and to finalize the adoption or legal
guardianship. At a minimum, the documentation shall include
child-specific recruitment efforts, such as the use of state,
regional, and national adoption exchanges, including electronic
exchange systems, when the child has been freed for adoption. If the
plan is for kinship guardianship, the case plan shall document how
the child meets the kinship guardianship eligibility requirements.
(16) (A) When appropriate, for a child who is 16 years of age or
older and, commencing January 1, 2012, for a nonminor dependent, the
case plan shall include the transitional independent living plan
(TILP), a written description of the programs and services that will
help the child, consistent with the child's best interests, to
prepare for the transition from foster care to successful adulthood,
and, in addition, whether the youth has an in-progress application
pending for Title XVI Supplemental Security Income benefits or for
Special Immigrant Juvenile Status or other applicable application for
legal residency and an active dependency case is required for that
application. When appropriate, for a nonminor dependent, the
transitional independent living case plan, as described in
subdivision (v) of Section 11400, shall include the TILP, a written
description of the programs and services that will help the nonminor
dependent, consistent with his or her best interests, to prepare for
transition from foster care and assist the youth in meeting the
eligibility criteria set forth in paragraphs (1) to (5), inclusive,
of subdivision (b) Section 11403. If applicable, the case plan shall
describe the individualized supervision provided in the supervised
independent living placement as defined in subdivision (w) of Section
11400. The case plan shall be developed with the child or nonminor
dependent and individuals identified as important to the child or
nonminor dependent, and shall include steps the agency is taking to
ensure that the child or nonminor dependent achieves permanence,
including maintaining or obtaining permanent connections to caring
and committed adults.
(B) During the 90-day period prior to the participant attaining 18
years of age or older as the state may elect under Section 475(8)(B)
(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)
(iii)), whether during that period foster care maintenance payments
are being made on the child's behalf or the child is receiving
benefits or services under Section 477 of the federal Social Security
Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency
staff or probation officer and other representatives of the
participant, as appropriate, shall provide the youth or nonminor with
assistance and support in developing the written 90-day transition
plan, that is personalized at the direction of the child, information
as detailed as the participant elects that shall include, but not be
limited to, options regarding housing, health insurance, education,
local opportunities for mentors and continuing support services, and
workforce supports and employment services, a power of attorney for
health care, and information regarding the advance health care
directive form.
(C) For youth 14 years of age or older, the case plan shall
include documentation that a consumer credit report was requested
annually from each of the three major credit reporting agencies at no
charge to the youth and that any results were provided to the youth.
For nonminor dependents, the case plan shall include documentation
that the county assisted the nonminor dependent in obtaining his or
her reports. The case plan shall include documentation of barriers,
if any, to obtaining the credit reports. If the consumer credit
report reveals any accounts, the case plan shall detail how the
county ensured the youth received assistance with interpreting the
credit report and resolving any inaccuracies, including any referrals
made for the assistance.
(17) For youth 14 years of age or older and nonminor dependents,
the case plan shall be developed in consultation with the youth. At
the youth's option, the consultation may include up to two members of
the case planning team who are chosen by the youth and who are not
foster parents of, or caseworkers for, the youth. The child welfare
agency may, at any time, reject an individual selected by the youth
to be a member of the case planning team if the agency has good cause
to believe that the individual would not act in the youth's best
interest. One individual selected by the youth to be a member of the
case planning team may be designated to be the youth's adviser and
advocate with respect to the application of the reasonable and
prudent parent standard to the youth, as necessary.
(18) For youth 14 years of age and older and nonminor dependents,
the case plan shall include both of the following:
(A) A document that describes the youth's rights with respect to
education, health, visitation, and court participation, the right to
be annually provided with copies of his or her credit reports at no
cost while in foster care pursuant to Section 10618.6, and the right
to stay safe and avoid exploitation.
(B) A signed acknowledgment by the youth that he or she has been
provided a copy of the document and that the rights described in the
document have been explained to the youth in an age-appropriate
manner.
(19) The case plan for a child or nonminor dependent who is, or
who is at risk of becoming, the victim of commercial sexual
exploitation, shall document the services provided to address that
issue.
(g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation. This section does not require or prohibit
the social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
(h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
(i) When a child is 10 years of age or older and has been in
out-of-home placement for six months or longer, the case plan shall
include an identification of individuals, other than the child's
siblings, who are important to the child and actions necessary to
maintain the child's relationship with those individuals, provided
that those relationships are in the best interest of the child. The
social worker or probation officer shall ask every child who is 10
years of age or older and who has been in out-of-home placement for
six months or longer to identify individuals other than the child's
siblings who are important to the child, and may ask any other child
to provide that information, as appropriate. The social worker or
probation officer shall make efforts to identify other individuals
who are important to the child, consistent with the child's best
interests.
(j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services. The nonminor dependent's
caregiver shall be provided with a copy of the nonminor's TILP.
(k) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association of California and other
advocates, shall develop a comprehensive plan to ensure that 90
percent of foster children are visited by their caseworkers on a
monthly basis by October 1, 2011, and that the majority of the visits
occur in the residence of the child. The plan shall include any data
reporting requirements necessary to comply with the provisions of
the federal Child and Family Services Improvement Act of 2006 (Public
Law 109-288).
(l) The implementation and operation of the amendments to
subdivision (i) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
SEC. 13. Section 16501.4 is added to the Welfare and Institutions
Code, to read:
16501.4. (a) On or before September 30, 2016, county child
welfare agencies shall develop and implement policies and procedures
that, at a minimum, that require social
workers and probation officers to do all of the following:
(1) Identify children receiving child welfare services, including
dependents or wards in foster care, nonminor dependents, and youth
receiving services pursuant to Section 677 of Title 42 of the United
States Code, who are, or are at risk of becoming, victims of
commercial sexual exploitation.
(2) Document individuals identified pursuant to paragraph (1) in
the Child Welfare Services/Case Management System and any other
agency record as determined by the county.
(3) Determine appropriate services for the child or youth
identified pursuant to paragraph (1).
(b) On or before July 1, 2016, county child welfare agencies shall
develop and implement specific protocols to expeditiously locate any
child missing from foster care. These policies shall, at a minimum,
require county social workers and probation officers to do all of the
following:
(1) Determine the primary factors that contributed to the child or
nonminor dependent running away or otherwise being absent from care.
(2) Respond to factors identified in paragraph (1) in subsequent
placements, to the extent possible.
(3) Determine the child's or nonminor dependent's experiences
while absent from care.
(4) Determine whether the child or nonminor dependent is a
possible sex trafficking victim.
SEC. 14. Section 16501.45 is added to the Welfare and Institutions
Code, to read:
16501.45. (a) The State Department of Social Services shall
ensure that the Child Welfare Services/Case Management System is
capable of collecting all of the following:
(1) The number of dependent children or wards in foster care who
were victims of commercial sexual exploitation before entering foster
care.
(2) The number of dependent children or wards in foster care who
became victims of commercial sexual exploitation while in foster
care.
(3) The number of dependent children or wards in foster care who
go missing, run away, or are otherwise absent from care and were
commercially sexually exploited during the time away from placement.
(4) The number of dependent children or wards in foster care who
are at risk of becoming victims of commercial sexual exploitation.
(b) County social workers and probation officers shall collect the
data identified in subdivision (a) consistent with data entry
instructions provided by the department.
SEC. 15. Except as required by Section 36 of Article XIII of the
California Constitution, noreimbursement no
reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution because this act
implements a federal law or regulation and results only in costs
mandated by the federal government, within the meaning of Section
17556 of the Government Code.