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HomeMy WebLinkAboutMINUTES - 07151997 - C21 To: BOARD OF SUPERVISORS Contra f PHIL BATCHELOR, COUNTY ADMINISTRATOR i`` ^'` FROM: fir Costa July 9, 1997 = y:Qz County ;;.►..�, DATE: LEGISLATION: AB 1544 (ASSEMBLY COMMITTEE ON HUMAN SUBJECT' SERVICES) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of AB 1544 by the Assembly Committee on Human Services (Dion Aroner, Chair), which, as amended June 26, 1997, takes a number of steps to improve the possibility of kinship adoptions. BACKGROUND: Kinship adoption is a subject of great interest to Contra Costa County. We have over 1,000 children in foster care status placed with relatives. Many relatives are reluctant to become adoptive parents because they do not wish to "disrupt" family relationships. Staff from the Social Service Department have provided input to the Assembly Committee on Human Services regarding this bill. The Committee has been seeking consensus from stakeholders in all arenas by reaching out to relatives, children's advocates, the judiciary, and private and public adoption agencies for input. The Social Service Director recommends that the Board support AB 1544. It addresses the issues facing relatives who wish to adopt which at the same time maintaining the integrity of "adoptions." Our County hosted the Statewide Kinship Summit in 1996 which outlined much of the "blueprint" for this legislation. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): �°��46 _oe ACTION OF BOARD ON _ APPROVED AS RECOMMENDED X OTHER 97 VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED TU'yT15, 1997 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF CC: SUPERVISORS AND COUNTY ADMINISTRATOR See Page 2 BY l./ . 7H ' QG(�/����'r/ ,DEPUTY L � f As amended June 26, 1997, AB 1544 does the following: 1. Authorizes a married person to adopt a child without the consent of the spouse provided the person is maintaining a separate residence from his or her spouse. 2. Provides for adoptive parents and birth relatives to enter into a kinship adoption agreement and would establish procedures for the enforcement, modification, and termination of the agreements. 3. Makes various changes in the law relating to dependency proceedings, including specifying additional circumstances in which reunification services need not be provided. 4. Permits a foster family home to include more than six children for the purpose of placing siblings or half-siblings together in foster care, under specified conditions. 5. Permits certain former AFDC-FC recipients to continue to receive a grant while attending college or a vocational school and maintaining at least a 2.0 grade point average. In addition, the Social Service Director notes that the bill also does the following which are viewed as positive features by the Department: ✓ Provides for early identification of all relatives interested in providing permanency for a relative upon removal from a parent due to abuse/neglect. ✓ Requires a background check and assessment of relatives when a child is placed. ✓ Provides a special provision to enhance the ability of relatives to benefit from adoption through post-adoption agreements. ✓ Provides for visits between a child and the birth parents and other birth relatives, including siblings. ✓ Provides provisions outlining when adoption agreements can be modified or terminated. ✓ Clearly states that the provision of services to expedite permanency (concurrent planning) will not impact a reasonable efforts finding. AB 1544 passed the Assembly on June 5, 1997 by a vote of 77:2. The bill has also passed the Senate Health & Human Services Committee July 3, 1997 by a vote of 5:0 and is currently on referral to the Senate Judiciary Committee. cc: County Administrator Social Service Director Steve Szaley, Executive Director California State Association of Counties 1100 K Street, Suite 101 Sacramento, CA 95814 Les Spahnn Heim, Noack, Kelly& Spahnn 1121 L Street, Suite 100 Sacramento, CA 95814 Casey Sparks Kaneko, Executive Director Urban Counties Caucus 1100 K Street, Suite 101 Sacramento, CA 95814 -2- - �..s.st ti ' �:r„�S^�•1.�.�SeSty uuuu�{e4YS'c t5 ts7u a`L7' v3 kstti ' --},-1,i?.�.;,:i I . AMENDED IN SENATE JUNE 26, 1997 L , AMENDED IN ASSEMBLY JUNE 3,;1997 AMENDED- IN ASSEMBLY MAY 19, 1997 ' rAMENDED IN ASSEMBLY APRIL 17, 1997. AMENDED IN ASSEMBLY APRIL 14; 1997 CALIFORNIA LEGISLATURE 1997-98 REGULAR SESSION ASSEMBLY BILL No. 1544 ....In by-Committee on.Human Services March 5,. 1997 - , An act ;to amend Section 1228.1 of the Evidence Code,- to 7 amend Sections 8614, 8700, and 8715 of, eald, to add Sections 8714 5 and'8714.7,to,and to repeal and add Section 8603 of the Family:Code,,to amend'Sections 1502 arld 1505 of and to add Section.15052 to `the Health,andSafety Code, and to amend ns.- 09, 319, 355, 3581,361;361.3,361.5,366, 366 21 366 2.3 366::26, 366.3, 387 11400, 16206, and 165011 of, and to add. Sections, 3162and 11450.27 to . the` Welfare ;and;Institutions Code, relating to minors; and making an appropriation ` t ere or LEGISLATIE COUNSEL'S DIGEST ' AB 1544, as amended, Corni aittee on Human Services.. Dependent.children and foster youth (1) Existing law prohibits a married person :who; is .not la vfullyseparated from adopdng a.`chlld tivithout the consent' t of lus or,her.spouse,'as..specified. 94 a' ,A AB 1544 - 2 — This 2 —This bill would instead authorize a married persoin to adopt a child.without the consent ofhisar-her spouse provided the j person maintains a separate residence from his or her spouse. i (2) Existing law ` authorizes the . juvenile : court, in #, r considering thedispostion of a case of a child who is removed from the physical custcady of his.-or her parents, to give preferential consideration to a request for placement of the child with a relative. This, billwould declare the intent ,of the Legislature-to among other.thi igs, remove barriers to adoption;by relatives of children currently:in, or,at risk of enterin ,: a depend'enc Y Sys stem The bill would: authorize a relative of a rninor;;toile she petition or adoption:and would'authorize the relative, the birth relatives of a minor, including the parents of the:minor, and the minor to enter into a kinship.adoption agreement, as specified, . and 'would 'establish procedures for the enforcement, modification, and termination of the agreements. It would require that if the minor has been found to come within li dependency jurisdiction of,the juvenile court or is the subject of a petition for dependency jurisdiction he or she shall.�be:represented�by an attorney for-purposes of consent`to a kinship adoption agreement. i The bill also would mance various.char es in the law:gelatin g g to dependency;proceedings including specifying additional . circumstances in _which reunification services need not be provided.. It also ,W04" require, the juvenile. court;. at, the detention heariahg of a minor:all to come. within • he- s dependency jurisdiction of`the.court or:as soon thereafter as a practicable,to conduct an inquiry, as specified, of.the identity , .of.all presumed or:alleged'fathers. If:.one or more risen, other "0' 11011- than a presumed father, are, identified as an alleged or biological father;;`the bill would require ethat they be served with a specified written notice:. The bill would provide that 1 while ..adependency , action for a child is pending, the dependency;court would have exclusive jurisdiction to hear an action to determine a:father:and child relationship in that fihe bill would also provide that at a jurisdictional hearing ' to determine whether:a.minor may,be a dependen t child of the court, objections which corld ha ve been.shade to evidence •:_.ice ,•ifs •tiiriti. .. 'i w . w...r 'a. tit'.te ✓ ".tin {a. i<{`{i''G{'{{'L" ii tyu r a.S , ., f_' 14, t7r., ' AB 1544 apt shall be deemed tohave been made byanyparentorguardian `he unrepresented by,counsel, except as specified The brll would rse. make:a siuvlar:provision with respect to any unrepresented r eld fed i 'Because the bill,vvould impose new or increased duties on ive }�'� local officials;it would create a state mandated'local program. Ie {�} (3) Existing la w defines a foster , family home as a to,. residentr�al facility providlzag24=hour care fiar 6 carfewerfoster S ehildren,;as specified E. la v r6gulates these facilities icy W: Tl s bzU would perrrut afosterfz y home to`anelude rr2ore ale than 6 cliatdren for the purpose of placing sbhng or half' :he bungs togetherzn foster care, underspecified condr'tions,for or, pqrp6s&Sh2 as t. (4) Existing law,` provides for the Aid: to Families :wit he Dependent Children�Foster Care (AFDC-FG) program :he under whicheach, coon makes " a tints on `behalf of ht p : nd qualified children foster care. Existing law provides for the in ile Aid.ta Families with Dependent Children`{AFDC) program; on under which each county.provides cash assistance and other of '+ benefits to qualified lcw-income families Each county is µ required-to pay a hate of the cost of both aid :grant and ng a4 nistr4ove:costs for he AFDC and.AFDC FC programs;. lal and state funds `are continuously appropriated to :pay for a be share of aid grant costs for these programs f rmer. AFDC FC lie This bill would provide ,that certain o he recipients would be eligible, fora period of t years after he or as she becomes. ineligible'for AFDC FC benefits, to receive an ity amount of aid not1 exeeed`the°basic;foster grant; as long as gerhe or she is enrolled as a full time student :and'.rnaintairis a or grade .point :average of at =least` 2 Q' or its equivalent at a ed postsecondary nstitution orn a;wocational program. iat This bill would provide that state. funds would be used to he # �; 3 unplenient its provisions to the extent that federal funds are not av .ar �- z: ailable. iat '. ' Since each `county is responsible-' for :'administering the AFDC and AFDC-FC progiram. by broadening the class of rig s iridnva�duals to whtirn public as :benef•its would be°paid; La- of e , .would create a;state=mandated local program ve ; 94 94 I AB 1544 — 4 Since state funds are continuously appropriatedin order to {f fund. a, portion of they :aid grant costs of the AFDC. .and AFDC FC ro rams, b broadenin the ,class; of persons p g Y g . p eli •ble o receive benefits under these ro rams, the bill p g , would constitute an appropriation.. 1;1' The California Constitution requires',: the state to O q reimburse The . and school districts for certain`costs mandated by : the . state. Statutory provisions` establish ,procedures,for making that reimbursement, ,including:the creation. of a State Mandates Claims Fund to pay the:costs:of . mandates that�.do, not exceed $1,000;000-statewide and -other procedures for ` claims Who ' statewide costs , exceed This bill would"provide that, if the Commission on State Mandates:determ ries thi t the-bill conta` sl,costs mandated by the . state, reimbursement ::for -those .costs shall;:be made pursuant to these statutory provisions Vote: 2/.:3 : Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes. `. :The people of the:State of California. do enact as follows: 1ISEGPON 4� fire s aA,,etuetaresthe 3 •{a} R ins:the 44644 6f the: te. he4i e e eee : 5 a toeyer haieeepenes 6:.4 :ewe s' 'e 7en ,# e sem- 8 (•�} ,deme; 'e wept. .r 9aries; to ease eQA 10 pe pse- eg . ,��- 12 to #fie.elm #-he .ffig.. _j'j 14 SECTION . Section 12281 of the Evidence Code is :15 amended to.read 16 . 12281 `(a), Except as provided in .subdivision:. (b) 17 . neither,the signature of:any parent or.legal guardian on f 94 . :.- 5 — AB 1544 to1 a child welfare services case plan nor the acceptance of id 2 any,services:prescribed in the-child welfare services case ns ` 3 .plan by any'parent or legal guardian shallconstitute an 4 admission; of guilt or•be used. as: evidence against the 5. parent or.le al ardian'in a court of law. 1, legal + 6 (b) A parent's or guardian's failure to cooperate, to 7 except- for good.. cause, ..in the. provision, of services �ts 8 specified-in the. child welfare services case plan:may:be ih 9 used as evidence in any hearing held pursuant to Section ie 10. 36.6.26 36621 or.36622 of the Welfare and Institutions of :` 11 `. Code a-s.e ::.a �r 12e :d s. 13 SEC 15 Section 8603 of the Family Code is repealed. . 14 :SEC 1 7 Section 8603 is added to the : amily Code, to to 15 read �y 168603 A married person may adopta child witl2out the le . 17 consent of the person spouse,provided that the person 18 maintains.a separate residence from his:or her spouse. s.. 19 The adoption shall•not create the 'legal re1at76nship of 20 parent and child between the non, consent7ng spouse.and t 21 the child norshall it establish any rights or duties bet ween 2Z .-I em 23 SEC. 2 Section 8614 of the Family Code is amended: �e 24 to read: � 25 8614. ` Upon he request of the adoptive parents or the 26 ado ted chile p d, a county clerk may issue a certificate of 27, adoption that states the :date and-place of adoption, the es 28 birthday of the child, the names of the adoptive parents, e€ 2R. and the name .the child has taken: .Unless'. the�`child has 30 been adopted by a stepparent or by.a relative, as defined tg 31, .in subdivision (c) of Section 8714`.7; .the certificate shall 3.2 :: note tate the name of the birth parents.of the child.: }g 3-., SEC.`3 �:Sectan8700" of the Family,Code is amended of 34 t&:read: •: 35 8700: a Ei h g (_ ) ter birth parent may reluzquisha child 36 to he department or a ;licensed; adoption agency for` is 37 adoption by; ,a.- written statement. signed. before two 1qq T 1::.• - 38 :subscribing witnesses and acknowledged : before :an i) r 39 authorized .official of: the de artment. or a enc The P g Y )n - 40 relinquishment, when reciting that::the.person making it 94 94 .. ... ... . ... .. AB 1544 —.6 — i is : entitled to the sole custody of the child and 2 acknowledged before the officer; is prima facie evidence 3 of the right of the person making it to the sole custody of 4' the`ch ld and the erson's sole:ri ht to reline u�sh. p. g '' 5 b A relin uishm arent who is a minor has the right a � ) q gp 6.::to relinquish his1 .�or her` child `for adoption :to the 7 department °or. a licensed adoption agency; and the 8 `,relingiushment is:not''subject to revocation by reason of. 9 the ori minty i relinquishing parent resides`outside this state 11 a.nd thechild isbeing or will be cared for and is or will be 12 :placed,:for adoption by' the department or a licensed !` 13 adoption agency, ;birih pared he or she may 14 :relinquish the child �to the department or .agency. by a 15 written =statement signed by the relinquishing 16 parent before a:: notary on a forrri "prescribed 'by the 17 - department; and previously signed by an authorized : 18 <official of the department or,agetncy :which signifies the 19 ` villin gness , the department'or agency _to accept. the 20 relin uishment: .} , q 21 .` (d) The relinquishment authorized by this section has .22'..%. no effect until a certified `copy is filed with the 21 ::, de artment:;` U on .filin with `:the. de artment the p. p g. P 24 relinquishment is`firial and may-be rescinded only by the I; 25 mutual consent of the department or licensedadoption j 26 agency to which the child was relinquished and the birth 27 parent or parents relinquishing the child. 28 e The relin uishm .,parent.....tna name in .the O q gY .P p 29 relutquishment the erson or, ersons with whom e 30, . �t he or he intends that.placement'of he child 1 31 `r for :adoption be made by ' the department or `licensed 32 P g ado tion a enc Y 33 (f) Notv�nthstand�ng subdivision the 34 relinquishment names the person or persons.with`whom 35 , placement by the department -or licensed adoption 36 agency is intended and the;child is not placed in the home � 37� `of the,named person_or persons or the eh�ld as removed jq 38 from the home rior to the'granting of the adoption; the p 39 =department `or agency ahall mail a` notice by certified 40 ma:i1,return receipt requested;to the birth parent signing 94. ABI 1544 nd ) 1 the relinquishment within 72 hours of the decision not to lace the child for adoption ice 2 p p o or the decision to remove the of 3 child from the home 4 (g) :`The:relinquishing parent has 30 daysfrom the date on which ahe notice described' in subdivision was .:he ., s 6 mailed torescind the relinquishment.w. :he 7 (1) If the relinquishing parent; requests ; rescission of 8 during the 30-day ;period, the department or licensed 9 ado tion a enc sha�l.rescind the relinqushmentt p g ' 2 >If the relin uishin anent :does not request Ate 10 O : q g : p q be 11 rescission..during the .30-day:.penod,.the department or 12 licensed adoption agency shall select adoptive parents for gay 13 the child :, j a 14 (3) 'If the relinquishing.parent and the.department or ng 15 - licensed adoption agency wish:,-to.,identify a different 16 erson or ersons:durin the 30-da eriod with whom. -he p . P g y p ed 17 the child is intended . to be . :placed, the initial :he 18. relinquishment shall be rescinded and a :new he 19 reluquishment identifying the person, or persons 20 completed; ias ) 21 W. Yf the :parent has. relinquished a child-,;who has :he 22 been found to come within Section 300 of the Welfare and he :23 Institutions Code ;or .is the subject 16f a -petition for 24 urisdiction of the uvenile-court under-Section 3W f the he j J on` 25 %W and Insti utions Code, to the department or 'a -th 26, licensed adoptionaY enc for the purpose.of adoption, the g 27 department or agency,accepting there linquishment shall he: 28 provide written notice of the relinquishment within five 29 court :days to all of the:following: 30 1 The uvenile-court.havmg.junsdiction of'the:c > had old ( ed . 31 ' (2) :The child's, attorney; if any. 32 (3)- The relinquishing parent's attorney, if any he 33 (i) The filing -of . the relinquishment with the ,m 34 department terminates all parental rights and on 35 responsibilities v�nth regard to the. child, except as e 36 . rovided in subdivisions and ne P ( (g) ed 37 SEC 4 Section 8714.5 is added to the Family Code, to he 38 read; k 39 8714 5. a " The Le slature finds and declares. the ed : ( . ) ng : 40. follo ving• 94 94 . . i; Ij. i �t AB` 1544 — 8 (1).:It is'the intent of the Legislature to expedite legal 2 permanency for children who cannot return to their 3 parents and to remove.barriers to adoption by relatives 4' . ofchildren who are ahead In the de endenc s stern or 3' ' p Y .Y 5 who.are at nsk.af centering flip dependency system.: 6 ).-, I hi I l u ll be ac reeved by err�poweringf es, 7 including. extended fomes, to care for `their own 8 ehrldren safely and permanently whenever possible; .by g Ying., A l re]at onshi s thereby,causrn g g .Y P r .j' , g 10 th'e least amount of d srupt i6h-to the child and the f d n�ly, and by- recogruzrng- the importance of Sibling : and 12 half s�blingrelafonsps. 13 (b) �► relative desiring,to .adopt a .child.may.for that 4 purpose hl`e a .petition <in Mahe county in .which the 15 petitioner rendes 'V�here a child has been adjudged;to be ! 16 a;dependent of the juvera le court`pursuant'to Section OW. i 17 �of the welfare.and Institutions:Code, and thereafter has been:freed for adoption by the.juvenile court,the petition: 19 may be filed either in the county where the petitioner 20 resides or in .the county`where .the: cMd was=freed for 21 : adoption } 22 23 (c): Upon the filing:;of a ettion; for ado _tion b a P P Y �' 24 relative; the county:clerk shall iriuned�ately notify the. 25 State Department -of Social Services iui Sacramento in 26 writing of :the pendency of the proceeding and of any 27 subsequent action taken; . 9 (d). If the adopting.relative has entered:intoa kins p 3o ado tion agreement with the birth arent'as set forth In to p P 31 Section 5714 7, he,: stip adoption agreement, signed` 32 by the:parties.to the`agreement; shall-be attached to)and: 33 filed with the etition for ado tion under subdivision P P 35 n 36 {e) The;caption of the.adoption petiti©n shall'contain '? 37 the name ;of Y the x..elatve petitioner::..Ther petition shall 38 state All the child's name, sex, and date of birth . 39 94 AB 1544 } T 1 . (f) If the child is the subject of a guardianship petition, ;S 2 the adoption petition shall so state and shall include. the it 3 =caps on,.and docket. number: or.. have attached a copy.of 4 the :;:letters of the guardianship or Temporary 5 guarchanship The•petitioner shall notify the court'of any s' 6 petition for adopt%on. The g ordianslu roceedftn shall z2 p p. . g 7 be consolidated with the adoption proceeduzg: 'y 8 -�€}: g 9order of adaption shall contain the chd d s d, 10 adopted name-.and requested by the adopting relative, 11 -or.;xf re uested b the child who is 12 ears of a e or older, q Y Y: g it.: c 12 the name he child had before adoption K' 13 SEC 5. Section$74:7 is added to the Family Code, to e 1 14 read. ,e. 15 _87i4.7 a Not]�iri in the adoption laws of.-:this,:state ( ) g p :ls shall be construed to 'prevent the adopting :parent. ar n 17: parents,-the birth relatives;:inc]ucling.tire birth parent or sr 18 `parents, `and. :the child from entering into a written 19 ;agreement to .permit continuing contact .between the 20 :birth`relatives .including the birth parent or parents; and R 21 the_child if the,agreement is found.fry the court to be iii 22 ;the best interests:of the child at the: me the adoption a ; 23 petition.is gr,anted. The terms of any kinship adoption e :24 a cement executed under this section shall be hmited to, n 25 but need not include, alI of he fallowing:` Y 26 : (1) 'Provisions for visitation"between the child:and a 27 :birth parent or ;parents. and other :,birth`; relatives, 28 including siblings P- 29 .. :` :(2} .Provisions for =future contact between a birth d 30 parent ;or parents; or :other :birth relatives; including d 31 sib6gs,.or both, and the child:or an adoptive parent, or 32 both: } 33 O) Provisions for the sharing of information about the 34 child iri the future: a 35 (b) At'_ the time an adoption decree is entered 36 .,pursuant o a petition filed under Section 8714,5,the:court `37 enterin the decree rna ant ostado hon:. rivile es g Y p p p g. c 38 when an agreement forthose privileges has been entered 39 into;pursuant to subdivision (a� 4- 4 AB 1544 -- 10 — 1 {c} ' This section is applicable only to kinship adoption 2 agreements ti which the adopting parent is a relative of 3 the child or a relative to the child's hialf_sibling and the 4adoption petition is filed under Section 87145: For purposes,,of this :section and Section 8714.5; "relative'° 6 means an: adult who is related to the child by blood or 7 affinity, including those adults whose status is ,preceded 8by the. words "step;" "great,,' "great-great," or ``grand.". 9 (d) The child :who As" the sub,�ect of the adoption 10 etition shall `be considered a .; ar to ahe kinship P p tY 11 adoption agreement The written consent to the terms E .12 and conchtion& o ,,:,the kinship adoption agreement and , 13 any subsequent modifications of the agreernentby a child ,_ j 1'4 who is years,of age and older is a necessary condition 15 to the granting of privileges reg tiding visitation, contact; 16 or sharing_of information about t e child,-unless.the court 17 finds by a preponderance of the evidence that the 18 agreement, as written, is in=the best:interests of the child.: 19 Anychild, has been found to come within Section 300 20 of the;Welfare and Institutions Code or who is the subject , 21 of a petition for jurisdiction of the juvenile court under 22 Section 300 of'the,Welfare and Institutions Code shallbe 23 represented by an attorney for purposes df consent to the 24 `kinship adoption,agreement: 25 {e) A kinship adaption agreement ;shallcontain the 26 followingwarnings in bold types 27 1 After he : b, on etition. has been anted b ( . P P Y 28 the court, the adoption cannot°:be set aside due o the 29 failure of.an adopting:parent, :abirth-.parent,� a birth. 30 .relative,or the child to follow the terms of chis agreement 3 31 or,a later:change to flus agreement 32 (2} A disagreement ,between the;parties or litigation 33 brought to enforce or modify the ,agreement` shall not t 34 affect the validity.o f the adoption and shall not serve as .35 abasis for.orders,affecting the custody of the child; 36 (3} A court. will=not :act:on a petition to change or 37 enforce this agreement unless the petitioner has 3$ participate' brattem ted to amici ate .in goo faith,u P P .p g ; 39 :mediation or: other appropriate dispute resolution 40 proceedings to resolve the dispute. m, } 94 11 AB 1544 { n 1 f) . Upon the`granti-n of the adoption petition and the f . 2. . issuing:.of: the' order of adoption of a; child who is a e �` :"' 3 : .dependent....of the , juvenile court, juvenile court r 4 ..dependency jurisdiction shall . be terminated. 5: Enforcement of thekinship.adoption:agreement shallbe ,6 under the...continuing jurisdiction; of the court granting 7 the petition of adoption The. court may not order 8 Coln, fiance , p with he.agreement absent a finding that the a 9 party seeking. the .enforcement participated, or 10: attempted ;,to .participate;::in;good:faith in mediation.or S 11, other appropriate.,.;,...dispute resolution : proceedings 12 regarding '..the. y conflict, :prior to the filing ` of the 13 enforcement action, and 'that the,.enforcement Is in he i14 best interests of the ; child Documentary evidence or 15 offers of proof may serve .as.the::basis for the court's t 16 decision :regardng. :enforcement.; . No testimony.', or 17 evidentiary hearing.shall be require& , h courtahall not .18 order further investigation or:evaluation by-an'=public or. 19:: private agency or individual absent a finding by clear and t 20` convincing. evidence:that. the-best nterests of the child } 21, maybe.protected•or advanced-only by `such inquiry.and 22 that the inquiry will not disturb the stability of the child s 23 home.to the`deli=irnent of the child: 24 (g) The court may°not award monetary:damages as a 25 result of ._.the film g of :the civil; actionpursuant; to 26 subdivision.: (f) .of thus section. , 27. (h) A kinship adoption;agreement may be modified or 28 terminated only if either of the following occurs:. parties, including. the child if the child :is 12 t 30: , years of age .,or; older. at :the time, :of the requested 31 '; termination or modification, .have .signed a: modified 1 32 . kinship .adoption; agreement and the ,agreement is filed t 33' with the court that granted .the petition of adoption (2) The court-finds all of the:fo . owing 35. (A) The:termination or..modification is-necessary to 36 ' :serve the best::interests of the child. x tr 37 (B) .There has been a,. substantial. . change of 38 circumstances since the orx i 'ginal 4greement was executed 39 and a roved b the court i pP. 94 y q Y AB 1544 12 R u. 1 (C.) The party seeking the:termination or modification 2 has participated, or attempted to participate, in good y 3 faith in mediation or other appropriate dispute resolution f r. , 4 proceedings: prior to <seeking:° court approval of the 5 . proposed termination or modification. 6- Documentary evidence.or offers`of proof may serve as 7 the basis for the court's decision. No testimony or $ evidentiary hearing shall be required. The court shall.not 9 order further investigation or evaluation by any public or lU rivate agency or individual absentia findin b clear-.and ., p �g y. g y 11 . 'convincing :evidence hat the best interests:.of the child y p, . civanced only by such inquiry and � 12ma be `� rotected 'or a 13 ; . that-the,inquiry will notx�disturb the stability of the child's 14 ,home ta`the'detirimen of the child." =15 {.i} Allcosts and fees of mediation or other appropriate 16 ,,:disp uteresolution proceedings hall be. borne by each i 17 ar excludin the,. All costs and fees of Ii i. t ati P �', g' g on .{ 1$ shall be borne by the party filing the; action to modify or 19 enforce,the agreementwhen no'par y has been found by 20 _'the:court as failing to comply with,.'an existing .kinship 21 adoption:.agreement ,otherwise, a;party,'other than the 22 child, found by.the court, as failing to;comply without 23 : good cause with an:existing agreement shall bear all the 24 costs,.and fees of litigation,' 25 B ul :1, 1998, the uci�cial 6uncil`shaH Had rules {J}_ yJ Y J p. 26 of court and forms or motions, to enforce, terminate, or : '27 modify.kinship adoption agreements 2$ .' (k) ,:The court shall not set aside,a decree of adoption, •29 rescinda`relinquishment,or modify an orderto terriunate { 30 parental rights or.:any;other prior court order:because,of the: failure ;of a birth parent, adoptive parent,` birth 32 :relative,::or the chzId ;to' comply with any or all. of the 33 original terms of or:'subsequent mo'dihcations ;to, the r 34. kinshipa dopt on Agreement = 011 35 ' SEC. Section $715 ;of the Fair fly Code,is, amended 36 to read: 8715: .;`The:department or licensed adoption; agency,,.:, 38 whichever is'a party to or joins-in on shall`submit 9;.. afull report of the facts of-the case`.to the court. Where'. 40,,. .4petition.for adoption by a relative has been filed with a 04 13 - AB 1544 ion 1 kinship adoption�agreement'pursuant, to Section 8714.7, )od 2 the report-.shall address whether the kinship adoption ion agreement:is :in the best interests of the child who is the the 4 subject�of the petition. .heAepaitment mayalso'submit 5 a report in those: .cases in which a licensed adoption as �' =: 6 agency:is a party or joins in the adoption petition'. or y 7SEC. 7. . Section 1502 of the Health and Safety Code is got 8 amended to read or 9 1502. As used in this chapter:` tnd 10 . , (a) "Community .care facility' means. any -facility, tild 11 place,. or building that is maintained 'and operated .to -.nd- 12; provide nobmedical residential care, day," treatment, A's :13 adult day care, or, foster farriily agency services for 14 children, adults,or children and adults,including, but not ate 15 liited> to the. physically.` handicapped, mentally ich 16 impaired,-incompetent persons;.and,a bused or neglected :on . 17 children, acid 'Mi&udes4he'following. or 18 (1) "Residential facility" Means, any family home, b 19 group care facility ,or similar facility determined by the Y P tY .up 20 director, for 24 hour nonmedical care of persons in need. he 21` of;personal::rservices supervision, or assistance essential )ut 22 for sustaining the activities :of Bail- Jiving- or: for the :he 23` protection,of the individual. .24 :(2) "Adult day care facility" means' any facility that les. r ` ` 25: provides nonmedical care-tope; rsons` 18 years of age :or or 26 older in need; of personal services, supervision, or 27. assistance :essential for sustaining the: activities of daily )n, 28 living:or for the protection of the individual on less than ate 29 a:24-hour.basis. of 30 (3) . "Therapeutic .:day ' services facility" means an t th 31 facility; that m provides ' nonmedical ..cares counseling, :he 32` educational:or vocational-support; or socialrehabilitation he - 33,. services-on,less than a.24-hour:basis:-to persons.under 18 T 34 .years of age.who would otherwise be placed m foster care ed �:: 35 or : who are returning to families :from foster care. 36` Program standards for these facilities shall be developed ny, 37. by the department, `pursuant ' o Section 1530, in .88'. consultation with therapeutic day services andfostercare ;re 39 providers. -i a 94 94 AB.. 1544 -`14 1 (4) . "Foster;family_ agency".. means any organization y__f 2 engaged in the reerm."g, certifying,and training of; and ' 3 . providing professional support to, .foster parents, or.,in 4 finding homes or other,:places. 6r.placement of.children 5 for temporary or;permanent=care who requxre:that`level 6 of:care as an Alto-rnative to,a.group. home: Private foster ' 7 faanily: agencies shall be organized and operated on a 8 nonprofit basis.. 9 (5) "Foster family borne" means any residential 10 ,.facility providing 24 hour :care: for ix or fewer foster 11 children that is owe ed, leased, or :rented and is the 12 esl rdence:of the foster parent or parents, fficluduzg`their 13 , family, m whose care he :foster.,.children have been 14 placed.The placement maybe by a public or private child I5 placement agency or by a ,court order,:or by, voluntary 16 pcement by a,parent,parents,or guardian.Ii als©.means 17 a osier f m�Iy home :descz7bed m.Seed©n small , family. ho me'° means any . residential _M.; facility,Anahe licensee's faro ly:reside'nce; thatp rovides 20 24 hour care for six or °fewer foster.children who :have mental disorders or developmental or physical disabilities , 22 and who require special:care and supervisonas a result - . 23 of .their. disabllfiies A small family borne ;may accept 24 children with special health care needs, pursuant to 25 subdzvls on. .(a) of;S:ection- 17710 of ..the 'Welfare . arid . 26. .Institutions Code. In addition .to:.placing, ch ldren: :with 27 special health care needs; the :department;niay approve 28 placement of children w%thoufi '41 health. ease needs, 29 up to the censed capacity. 30 (7) "Social - rehabilitation facility" means any 31, residential facility thatprov�des social rehabilitation " 32 services forno'_longer than 18 months In a group' setting 33 to adults recovering from xnental;illnesswho temporarily 34 need ` assistance, :guidance; or counseling Program 35 components shall be ubject ,, to ;program standards 36 :pursuant to Article 1 :(commencing with S, e' 5570) of 37 Chapter 25 of Part 2 of Division 5 of the Welfare and 38 Institutions Code 39 $ "Commuxu treatmenfi fac h " ( ) ty ty means any 40 :.residential facility that provides.mental healthlreatment i. ► ice• .. lot — 15— AB 1544 ' .on 1. services to children in a groupsetting and that has the g nd 2 capacity to provide secure' containment. Program in d 3components . shah. be subject to program standards en 4, ` developed and enforced by the State Deli rtmont of vel 5 ;Mental Healthpursuant to Section 4094; of:the welfare ter , 6 and Institutions Code. 1 a 7 Nothing`in this section shallbe construed to prohibit or 8.. discourage placementof persons who have mental. or ia1 9 '. physical disabilities`,into..any,category of community care :er` 10 facility that meets the needs of the-individual placed; if he11 ; .the placement is consistent with the licensing regulations sir, 12 of the department: en 13.:. (9) ``Full service adoption` agency" means any dd. 14: licensed entity engaged` in the busuess of providing ry 15 : adoption services,..that does all:of the following: ns16 (A): Assumes care, custody; .and control of:a. child 171through relinquishment of the child fo the agency: or tal 18 involuntary termination of :parental rights to the child. es ' 19.` (B) Assesses. the birth parents, prospective adoptive ve 20 parents,or_'child 21 (C) Places children for adoption: ilt 22 . (D) . Supervises adoptive placements. pt: 23 Private full-service adoption agencies shall be 24 organized and operated'on a nonprofit basis: 25 (10) "Noncustodial adoption agency" means any th 26 licensed entien "aged in the business of rovidin ty g g p g ve :. 27 adoption services, that does all`of the following: is; 28 (A) Assesses the'prospective adoptive parents: 29 (B) Cooperatively matches children freed for iy 30 'adoption,who are under the care, custody;and control of )n : 31 a,licensed adoption agency, for adoption, with assessed ig 32 and approved adoptive applicants y 33 C %Coo erativel su ervises .ado five lacements f ) P y : P p p 0 �Jj 34 `:.with afull-service adoptive agency,but does=not:disrupt 4 . is 35 a placement or remove a child from'a placement: Of 36 Private noncustodial adoption agencies shall be 1d 37 organized and operated on..a nonprofit.basis. 38 (11) "Transitional helter 'care facility" means any. 1y : 39 group care facility that provides for`24-hour nonmedical persons in need of personal services, supervision, 94 I _ - 94 . . . . . . . . . . . . . ,_ ..:. :...:. )..Y..i.: .:......>.e::_<,......k,..:..a.:: :'.i. :�:.. ..%'br •a 4i; AB 1544 16 'r 1 or assistance,essential for sustaining the activities of daily 2 'living or for the protection of the individual. Program 3 components shall: be subject ::t program tandards 4 developed by the State. Department: of Social Services 5 pursuantto Section 1502 3: ' 6 (b) "Department" or "'state department'. means the 7 ;State Department:of Social Services: 8 (c); "Director"means the Director of Social Services. kJ 9 SEC.8: Section 1505 of the Health:and Safety Code is 10 ;amended to read 11 . 1505 This 'chapter :does not apply: to any of the 12 followings Any health facility, as defined by Section:125 0 14 (b) Any clinic, as defined by Section 1202. 15 (c) Any juvenile placement facility approved byI e 16:. :Calif6rnia Youth Authority or any.juvenile hall operated 17 by a county. 18 (d) Any place in whch.a juvenile is judicially placed 19 ursuarit to subdivision a of Section 727 of he Welfare p O : 20 and Institutions Code: 21 (e) Any child day care facility, as defined-in Section 22 . 1596.750. .: Any facility conducted by and`for the adherents,of 94.: any well.recognized church or rehgious =denomuiation 25 for the purpose of providing. facilities for the care or r 26 treatment. of he sick who depend upon prayer .or 27 spiritual means for healing in th6practice of the religion 28 of the church or,denomination. ' 29 school dormitory' or sar facty ; 30 ::determined by the department. Any houseinsU.*on, hotel, homeless shelter, or 32 other. similar-.place that'supphes:board and room only,.or 33 morn only, or board :only,: provided that no resident 34 thereof,requires any element of care;as determined by :,:351: ;the`director. U 36 O Recovery houses or other, : similar facilities 37 providing group living arrangements for persons , 38 recovering from alcoholism or drug addiction where the 39 facility provides no care or supervision. 1544 y 1 (j) Any alcoholism or drug abuse recovery or Im 2 treatment facility as defined by-Section 11834.11. -ds 3 (k) . Any arrangement for ;the receiving and!, of ;es 4 persons by : a relative or any :arrangement­: for the 5 receiving and care of per ons from only one family by a he 'close friend of the parent, guardian; or:.conservator, if the 7 arrangement is not for financial 'profit and occurs only S.. 8 occasionally. and irregularly, as defined by regulations of is 9 the. .state de artment For ` ur poses of Phis elh ter p . p P. P 10. . arrangements for the receiving and care of 6 . by a lie 11 relative shalllnclude relafives:of e child or relatives:of 12`' the.c iild's halfsibli- for: :the purpose akeeprng sibling 13 groups together. 14 O Any supported hvug arrangement for in,dwiduals he 15 with developmental disabilities as defined u 'Section 4689 ed 16 of the Welfare and'In'stitutions .Code :17 (m) '(1) Any family home agency or family home, as ed 18 defined ffi Section 4689.1 of the.Welfare-arid Institutions -.re 19 Code; that �s vendored by the State; Department of 20 Developmental _Services and that does either`: of the On. 21 following •' i 22 A As a an h ' Y ome, approved by a family home of 23: agency,:provides 24 hour care for.one or two adults with developmental .disabilities in he residence of the family or 25. home . provider. or providers ami °;the family .home or 26 provider or providers' family, and the provider .is not �ri 27 licensed by the State Department.o£Social Services orthe 28. State Department-4 Bealth: Services or certified by a ty' 29acensee�of'the State Department of Social Services onthe 30 State Department.ofIlealth-Services. or 31 (`B) 'As..a family home agency, engages in recruiting; or 32 approving; and providing "support;to'family homes nt. c 33 (2) No:part of this subdivision. shall be construed as ,y 34 establishing_by implication either:as.family'hone`agency 35 or family home licensing,category Y • es 36 (n) Any facility�n which oril . Indian children who are ns 37. eligible under..:the federal..Iridian. Child :Welfare Act, ie , 38 Chapter 21,'(commencing with Section 1901) of Title 25 39:,, of the Uruted:States Code are placed.and that�s one of he ( � 40' following 94 94 AB 1544 1 (l) An extended family member of the Indian child, as 2 defined in Section.1903 of Title.25 of the UnitedStates 3: Code. . 4 (2} Afoster home that is "liven ed approved, or , 5 specified by he Inclian child' tribe pursuant to Section 6 1915 of Title 25 of the United States Code 7 {o} Any similar facility determined'by the director. 8 SEC SecH6.6.-15.052 is added to the 'Health An 9 Safety, 'ode, to read 10: 15052: A ;licensing agency` nay authorize a foster', 11 famrlyhorr3e to provide 24 hout, gi-&j up -0-eiglitfo# I2 chddre ; for the purpose of placing siblings or half 13 slblzngs togethern foster care This authonzatlon may be 7 14 : anted on1 .if all of the follciwn condrhons;are %net: Y . g" The foster fats it borne isnot a =s ecli& d foster I5 O y p 16 care horrie as;defined in subdivision`(i) ofSectzgn 1770 17 . of the Welfare and.tnstitixtions Code. 18 (B) ;Thehomeisst fie entire size to aecommrodate'the 19 ;needs ofall children in the home `20 (C) For each child to ne placed,•'the child's placement 21 social worker:has.4e that the ehild's.needs tivill . 22 be rnet and has documented that deterzrzinatzon 23 The licensing agency.may authori a foster fly 24 home to prowde 24 hour care .for more than- eight r 25 children onlyY e fosterfarr� ly home specializes uz the . 26 care of srblirig groups, .tha t placement Js solely for the 27 , purpose; �f placing together one sibling gr-otrp that 28 exceeds eight children,' :and gall: of the, above- listed 29 conditions are met 30 SSC 10. -Section'.309 of the .Welfare and Alnstitutzons 31 Code:is amended`to read.•: . 32 3U9 (a) Upon delivery to the probation :officer of a i 33 minor who has been taken into temporary,custody under {. 34 this article the: probation officer shall znmmediately 35. uzyestigate the circumstances��of the minor and the facts }; 36 surrounding the minor's being taken .into ;custody and 3T'­attempt attempt ao mairitam the 4ninor with the minor's:family; 38 throughhe provision`of services The probation-officer 39 ' shall immediately release the minor'to he custody Pf the _ _94. 19 -- AB 1544 as 1 minors parent, guardian., or responsible relative unless es 2 one or more of the following.:conditions exist: ; ;3 (1) `The minor has.no parent, guardian; or responsible or 4 relative; or.the minor's parent; guardian,:or responsible . )n. ,; 5` relative is not willing to:to: care for the minor: Continued-detention of the minor is a matter of , 7 Unmediate and urgent necessity for the protection of the y rd -" 8 minor: and-there are no reasonable means b which the 9 .minor can be protected in his or.her'home=or ,the home �r = 10` of:a responsible-relative , '(3) There is. 'substan:tial ',:evidencethat al-parent, ff, :' 12 _ guardian, or custodian of the minor is: likely to flee the ,e ..113 jurisdiction of the court. 4: 14 (4) :The minor has left a placement in which he or.she � - 15 was placed-by the juvenile court rp 16 (b) 1n 'any. case in which there..is reasonable cause for 17 believing that.a minor who is under the care of a physician !e 18: or_ surgeon ora hos pit al,:clinic, or:`other medical facility 19.: an:d cannot be immectiately moved is,adescribed 7t 20: in°Section;3h . med to,,have 21 taken `:into ernporary custody and delivered: to `the 22 .probation officer for the purposes of this chapter while ry , 23 the minor is`at the office of the physician°or surgeon or the it 24 medical fachty e 25 (:c} if.the min' orisnot released to his or her parent or -e .. 26 guardian, the :minor shall be deemed `detame for _ it 27 .' purposes of; his:chapter. d Han able and 4,iUin relative; as defined in Section d 2s < 1 g 29 :319,Ys available and regtrests temporary placernnt 6f tl7e is 30 clld pending tl�e deteton.hearing, tbe.social worker 31 siallru 'ate an:emergency assessrriet of the relative's a. 32 sur'tablity, which:shall include an:in home wish:to assess r 33 X the safety of the home and the ability`of the.relative to y 34 care. for the child on a temporary basis,: and a :s 35: consideration of the;results of a crHrunal records check d i 36 and allegations ofprior chi ld abuse or t"concer ing Y. 37e relatrve and otl3er adr�lts in the home -Tlle:results of tl�e assessmentshall'be provided to the Courtin the social e 39::,avorker's report as Tequired byy_&ctibh 319 f AB 1544 - 24 1 SEC. 11. Section 316.2 is added, to the Welfare and 2 Institutions Code; to read: 3 316.2. a . At the detention hearini { } g, or as soon i_ 4 thereafter. as: practicable, the court shall inquire-of the 5 mother and :any other appropriate. person as to the 6 identity of all presumed or alleged fathers. The. presence 7 at the hearing of a man claiming toe the father shall not 8, . relieve the-court of its duty of inquiry. The:inquiry may 9 include'A of--the foll owing: 10 (1.) Whether a:judgment of paternity already exists. Whether-the mother`:was married or believed she 12 was married at the .time of:conception of the ;child or at , 13 any time.,thereafter. '14 (3) Whether the mother was cohabiting with a riman at 15 the ime ©f conception or:birth of the child. .,; pp 16.. . `.' (4} Whether : the mother lias received support l 7 payments or:.promises of support w thxespect to the child 1$ or in connection With her pr gnancy. e 19 5 Whether an { ) y man has formally or informally 20 acknowledged or declared his possible, paternity of the 21 child. 22 (6) Whether,paternity tests have been administered 23. and the results, if`any. =24 (.b} If, after the;court inquiry, one or more men are. 25 :identified:as an alleged or.biological father, each alleged } 26 or biological father; who isnot apresurned father, shall be 27 served with written notice alleging that he s,or could`be ,:28_:.the father of the child..The notice shall state that the child 29 .is-the subject of proceedings under Sectio' 300 and that 30. the pr©ceedings :could :result In the ter`mination of ' 31 parental.:rights and�adoption of. the'child unless ,he (1;}' 32 :appears,in the referenced dependency.action'at the date, 33; time, and place statedin the notice a42). files an action 34 under Sectioii�,7630 or76316f_the Family Code within 34 { 35 . days. of he notice in the .,juvenile., court that has 36.. jurisdiction in-the matter: The notice shall also state that 37 until'he. appears 'and files an action he shall receive no 38. further notice;of the de endenc roceedin s include Pp g , g45 39 any termination proceedings. Judicial Council form 40 Paternity-Waiver of Rights" V=505 shallbe d include g {J I I 94 L I 21 -- AB 1544 ld ;_ ! ' I with the notice: Nothing in :this .section shall preclude a 2 court from terrizinating a father's:parental rights even if �n - 3 he appears at the hear-ma and: -files: an'action under, 'ie :-.4Section 7630,or 7631 of the Family Code. 1e 5 (c} f a man appears in the dependency action and fires ce 6 an action under Section 7630 or 7631 of the Family Code, of t + 7 the court shall determine if he is the father. If the man 8: establshesthat.he is a statutorily. resumed father and the y Yp 9, period provided by law for the>provision of reunification 1Q services .has::,not 'terminated,` he _sla:ll be entitled to reu incation services unless otherwise disallowe6by law: at 12 ' If the man establishes that he is . iolog cal father and:the 13 :' period;provided by law for the provision of reunification at 14 services has riot terminated; the court rriay order 15:' reunification services if the court determines that the rt lfi_ services will benefit the child. 'After, a petition has been filed to `declare a child a l$ dependent of the court; and 'until the time. that;'the ly 19 petition is ,dismissed, dependency is terminated, or ie 20 parental rights`are terminated.pursuant to.Section 366.26 r 21 or proceedings are commenced under Part; 4 ;d ,:: 22 :: (cornmencmg with,'Section. 7800) of Division 12 .of the 23 Fan�uly;Code,the juvenile court which has jutisdich of re 24 the°dependency:action shall have exclusive jurisdiction to Id 25 hear ari action filed under Section7630 or 763I of the 7e 26 Family Code. )e 27 Id 2$ `, SEC 1A Section 319:of the Welfare and Institutions t 29 . Gode.ls.arrsended to read.- �f 3Q 319'. At, the"initial petition hearingthe court shall } 31 examine the,`minor's parents,-guardians,or other persons e, 32- having`.=relevant knowledge . and hear the relevant. ►n 33 evidence as the minor,:tle minor's='parents or guardians; ;0 ( 34 the` petitioner, 'or `their counsel desires to: present, The Is h 35 court may.examine the minor..as provided in Section.350. t 36 The :probation officer hall report to the court on the 0 37: reasons why the .minor has :been removed from the L' 38 parent's custody; . the need, if ,any, for continued detention;: on "ahe available services and the referral .d 40 methods ;to diose ' services which could facilitate the 94 94 AB. 1544 22 -- . 1 return of the minor. to the custody of the minor's parents t - .2 or guardians;and whether there are any felatxues who..are 3 able andng to:take:temporary custody of;:the:minor 4 " The court shall order the release:,of the minor. from 5 custody unless a prima facie,`showing has been made that 6 the minor_ comes within Section 300 :and �an of the Y 7 'following circumstances exist: . the h sical health $ .{a} There 1s a substantial Banger to p y 9of the minor:or,the minor is suffering severe.:emotional E10 damage,and there:are,no�reasonable means by which.the 11 minors ysical or emotional health may be protected 12 without ;removing the minor`: from the pare ' or 13 ;guardians' physical custody` 14 (b} There xs substantial evidence that ; a parent, 15 guardian; or custodian-of the_inor is" likely to flee the 16 jurisdiction of the court ti l7 {:c) The minor has left a.:placement in•which he or she 1$ was placed by the juvenile court 19 {d) "The .minor .indicates an-.unz?vllingness to .return 20home,i£the�mxnor has been physically or sexually:abused. 21 ::by a:person residing in the home. :22 The court shall4 also make a' determination on he 23 record-4st6��Vhether 'reasonable efforts.were made ao <24 prevent or eliminate the need for removal of the:minor 25 from his or her. home, pursuant to subdivision (b) of 7 ` 26 Section 306 and.>whether there are. available services 27 which would: prevent 'the need for further detention, 28 -Services,*.,, o be considered for purposes of making :this 29 .`determ' atxon .are case management, .counseling, 30 emergency shelter care, emergency in-home�earetakers, 31 of.home,respite care; 'teaching and`demonstrating 32 homemakers, parenting txauung, transportation,and any 33 : other child welfare ervices; authorized by= the State :34 Department of Social; Services: pursuant to Chapter:°5, 35 {commencing with Section-16500) of Part:4 ofDwision 9. 36. 'The court.shall also review whether the socialworker has ` 37; - considered whether . a referral to public ; assistance 38 :services ;pursuant to ._Chapter 2 {commencing with a 39 Section.11200) of Part: 3; Chapter-7{ {commencing with 40 Section 14000} of:Part 3 'Chapter'::. {commencing. with i' :94 23 — AB 1544 is 1 Section 17000) of Part.5, and 10 Chapter (commencing P � g 'e2 . 4th..Section 1890 0) of:Part.6, of Division 9 would have r• - 3 eliminated -the` need.to take ,temporary custody;of the n4 minor or would prevent the need for further detention..; �t '5 If the minor can be returned to`the custody of his or her 6 parent or guardian through 'the' provision of those as 7 ., services, the court shall place the minor with his or her :h `�' -8 arent or guardian and order tha he r i h p gu _ t t se v ces shall be �l 9 provded..If the minor cannot be returned to the custody 10 of his or her parent or .guardian, the court shall determine d _1L if there is1L relative who is.able and willing to care for the 'r' 12 child: where; the first contact with the family has occurred; during: an emergency situation in which the z 14 child:. could not safe1 remain at -home, even with Y 15 reasonable services berovided, the court shall make gP 16 ,a fincling that the lack of preplacement preventive efforts e 17 were reasonable Whenever a court orders a minor :18 detained the court shall state.' the: facts on which" the n I9 decision is based,shall specify why the initial removal was y 20 :necessary, and'shall order services to be provided as soon '21 as possible".:to:reunify:the minor: and his or her family if :22 appropriate. k 01 r 23 When.the:tumor is not released,from custody the court 24 may order that the minor shall.be placed-in- he suitable 'f 25 home of a relative or in an emergency shelter o''`other s 26suitable;licerised place or a place exempt from licensure ; 27 designatedb' .the juvenile court: or 'in an appropriate .s 28 certified family home whose license is pending and all the 29 prelicense requirements for such a placement have been r 30. 'met as set forth in subdivision. (e) `of Section 36I.2':for a` 31 period not tol exceed 15 judicial days:. y.. 32 As used m this section, "relative" means an`adult.who 33 is related to the mer,child'orchild'shalfsiblingbyblood s �, 34 or affinity;includuig1a11 relatives whose status is preceded • 35 by the words step, great, great-great; or s -36. , .`e rand,";or the spouseofany,ofthese persons, even if the ar 37 marriage was terminated by' death or dissolution. 38 However, only the followui I - Fy g relatives shall be given 2 .39 preferential - consideration for' placement of 94 AB 1544 — 24 ' 1 the min.Eir child: an .:adult who is a grandparent, aunt, j2.. uncle; or a sibling of the ffiffief child i 3 The court shall consider the recommendations of the 4. social worker based:on the emergency assessment of the 5' relative's suitability, ulcludg .the results of a criminal ` 6 records check:and prior child abuse allegations; if any, 7:: prior to ordering that the.child be placed with a•relative. 8 The social worker shall initiate the assessment pursuant 9 to Section 3613 of any relative to be considered for 10 conuing placemen _. 11 V:SEC. .13 Section. 355 of the Welfare and Institutions - 12 Code is,amended to:read I 13; 355 a At the.'urisdctional hearin the court shall O J g� 14 first consider only fh6L question :whether. the mm or,_is a person:described by Section 300: Any legally.admissible" 16' evidence that is relevant to the circumstanc..es or acts that 17 are alleged:'to bring ahe minor within the ju"risdction of 18 the juvenile court in admissible and ma be received iri: J Y 19; evidence. Proof by a preporider�rice of evidence must be` 20 adduced to supporta find..' that;the minor is-a.person 21 described ,by Section 300. Objections,.that could_ have.-( 22 been made,:to evidence'` ntloduced shall be deemed to 23 have been made b an arent or y y p guardian represented by counsel, unless the court finds That the 25 .parent or guardian has made a knowing anda"intelligent f;,_J 26 waiver'of the right:to.counsel Qb�ections that could have 27 been made'to evidence introduced shall be deemed to 28 hive,been made`by any unrepresented child - 29 (b) .Asocial study prepared by he petitioning agency, 30 and hearsa' , evidence contained in it, is admissible and : . Y 31` constitutes competent evidence upon which a finding of 32 jurisdiction pursuant;to Section 300 may be based, to, he. i- 33 extent allowed by subdivisions (c) and (d) . 34: (1) For the,. purposes ;of this section, ``social study" 35 means any written report furnished to thejuvenile court' 36 and to all parties or their`counsel by the county probation 37 or welfare`'department ':m.'.an y matter volving `the 38' custody, status, or welfare of;a minor in a'dependency 39 proceeding: pursuant to .Article 6 (commencing h ' .. 94 AB 1544 unt 1 Section. 300) to 12 -(commencing with Section 385), 2 ` inclusive of Chapter 2 of Division 2: the 3. (2) The preparer of the social study shall be made 4. available for.:cross=examination .upon a timely:request by the , 5: an party The court ma deem the re aver available"for Y Y p P. . y ?. 6: cross-examination.if'it determines that the preparer is on MY, '` 7 telephone standby and can be present.in court within a .ice8 reasonable time of the request. tF for r 9 (3) The court may grant a reasonable continuance not 10 ao exceed 10,days upon request :p �by any. artyif the social 11 study is not provided to the parties or their counsel,within cons 12. a reasonable;tirne`be.ore .the heariri g 13 :- (c) (1) If any party;to the jurisdictional hearing raises -hall -.he`a timely objection to thie;admission of specific. arsay a '' - 15 evidence contained.in a social study; the'specific hearsay able that 16 : evidence shall not .be sufficient by itself 16,',support a 17 .jurisdictional:finding :or any ultimate.fact upon which a n of 18 jurisdictional finding is based, unless the petitioner 3:in , 't be ;.` 19 establishes one or more of the following exceptions 20. (A) .The hearsay evidence would be admissible`in any gave _ F 21 civil. or , criminal roceedin under an statutor or , P g ,Y Y 22 decisional exception to. the prohibition against hearsay_.' to 23 (B) The hearsay declarant is a minor under the age of 24 12 years who is the subject of the juris, ctional hearing. 25 ` However,the.hearsay.statement of:a minor under thba e ren 26 of 12 years shall not be admissible if the objecting party ►ave 27 establishes that the statement'is unreliable because i,was to 28 of�the product fraud;:deceit, or undue influence 29 C The hearsay,declarant is a peace officer as defined , ( Y . ncy, 30 : b Cha er.4:5 comimencin with`:Section 830 of Part 2 and y` P ( . g ) 31 of Title :3 of: the.'Penal Code, .a health practitioner as 9.0 32 :defined. b Section 11165.:8 of the Penal Code, a social the Y. , 33 ::worker icensed . uant ao Cha fer 14 (commencin grs !! t 34 with Section 4996) of Division 2 of tie Business and ; �dY r 35: Professions'_-Code; or teacher who holds a credential , y 1 36' pursuant to Chapter 2 (commencing with Section 44200) tion 37 of Part 24 0f'Division 3 of Title 2.of the Education Code. the 38 For the purpose of this;, subdivision., evidence in a �ncy n 39 declaration is admissible onlyto the extent that it.would with ,r '94 a AB 1544 — 26 - 1 261 ,;otherwise be admissible under, this, section :or of the , 7 2 declarant were present and testifying in court. 'i 3 (D) The hearsay declarant is available for 4 `cross-ex'amination: For purposes of flus section, the-court : 5 may,deem a witness available for cross-examnation if it determines that the witness is on -telephone standby and 7 can be present .in. court within. a reasonable. time. of'al 8 request to, examine.the witness.' f 9 (2) For purposes of this subclivision, an objection is 10 timet if it identifies. with reasonable; s ecifici the x i Y p t3' I1 disputed hearsay evidence and it gives the petitioner a 12 reasonable penod;of time to meet the objection prior ao t 13 '.a contested hearing Y4. ; (d} This :secf�on sh ll riot 'be construed to lirrilt. the 15 right of any party o the Pr S, hearing to 1C : � g 16 subpoena'a witness whose statement is contained in the 1T",, ocial study or to introduce'admissible evidence relevant 18. to:the.we ht of the hearsa evidence�or the credibility of 4 g. Y 19 the hearsay declarant: 2U SEC.14,,; Secton.358 l:of the.Welfare and Institutions : 21 de is:amen ed,ao'read: 22 3581 Each socipl. study. or evaluation made by a 23 probation officer or child advocate appa�nted` by the 24 court,.regwred.to be'recti%ved in evidence pursuant to . n 25 Section 358,shall inclu ,'b deut not be.limited to, a[fact, F 26 discussion of=each* f the following s Jects 27 -(a) Whether-." the 'county welfare department, or 28 , probation officer has considered child protective 29 services; as ;defined in Chapter 5 (commencing with 30 ;Section`'16500} of Part:4 of Division 9 as a ossible solution p to the problems at hand, and has offer 4r services to 32 qualified parents if appropriate under the circumstances . r 33 b What tan;':if an f ( . } y, or return of the child to his or 34 her parents' and for achievinglegat permanence for the, 1; 35 child�f efforfsao reunify fail,is recommended to the court 36. ` by:the county wetfare department or probation officer Whefher the best interests, �of the child :will° be 38 served .by granting reasonable visitation rights with the 39 child to his or her grandparents;iri orderao maintain and . 40-,,At ngthen the child s family relationships f " 94 j 1 u f 27 _ AB 1544 he 1 . (d) Whether the subject ohild appears to be a person 2 who is eligible to be considered for'further court action. .or 3 to free the child from parental-custody and control. in - 4 (e) Whether.the parent;=has been advised of his or her it 5 option to participate° m adoption planning and to rid. y 6 voluntarily :relinquish' the child '`for adoption if an Fa a" 7 adoption`agency' s willing. o accept the relinquishment. 8. Thappropriateness of any relative placement is 9 pursuant ~to Section 3613; however, flus consideration he 10 : sh6l, 'no `.be cause for continuance: of the dispositional r a' 11 h°°eating. .to 12 9 13 SEC 15 Section 361 of`the Welfareand Institutions he 14 Code is;amended to-read to 15 .' 361 =(a) In all cases mm oh a minor, is adjudged a he 16 dependent child of the court on.ahe ground that the grit 17 ::minor is 6'person:_described.by Section 300, the court may of 18 emit the control to be exercised over the";dependent child 19, by.any parent or:guardian'"and shall by its order clearly ins: 20 ;: and specifically ,;set `forth all those limitations. Any 21 limitation on the right of the parent or guardian to make a 22 :educationah;decisions :for =the child shall be specifically he ' 23 addressed in the `court"order. The limitations shall not to 24 :exceed hose_`necessary toprotect the child: ial (b) Nothing in` subdivision (a) shallbe construed :to �. r .v luntaril re uish his or 26 :limit the ability of a parent to o y hnq or =27 her child.t&the. State Department of Social Services or to �:ve 28 a licensed county adoption"agency at any time while the ith 29 , child is a dependent--child of the juvenile court if the.. :on 30 "department or agency is` willing to accept the to 31 relinquishment "es.. ` 32 (c) No dependent child " shall be< taken from ;the or.. 33 :physical custody `of his or her' parents or `guardian `or he 34 ;:guardians with whom the';child resides ;at the:time. the art 35 petition was iiutiated unless the:juvenile court finds clear 36 an convincing +evidence of any`of he following: be - 37 (1) There is a substantial danger to the physical health, :he 38 safety, protection; or physical or emotional well being of xid r 39 the'minor or`w0 -ld be if the minor;were returned home, 40 and here are no reasonable means:by which'the minor's 94 94: t k� AB 1544 28 1 physical health can be protected without removing the �l2 .minor from ,the ;minor's parents' or guardiansphysical 3 ' custody. .The fact that :a minor has-been adjudicated a ' 4 dependent child of the`court pursuant to.subdivision (e) 5 of Section.300 shall constitute prima facie evidence that 6 the minor cannot be safely left in.. the: custody;:of the ' 7 . parent or guardian'with whom the minor resided at the 8 time of iri�ury: The court shall:consider, as a reasonable ' 0 9 means to rotect.the minor; the o tion of.removin an p P � g 10` offending parent or guardian from the.home..The court 11 shall'also consider,:as' a reasonable means toprotect the 12 . minor; allowing a nonoffending parent or guardian o 13 'retain oustody'_as long as that parent `or guardian presents 14 . a an acceptable.-to,.the court demonstrating that he or p 5` 15 she.will be able to'protect the child.fzom:future harm: i sl' 16 (2) The parent:or guardian of:the minor is unwilling to 17 have physical custody of the minor, and the parent or '{ 18 guardian has.been,notified that if,the minor remains out, 19 of: their h sical ; custod for the eriod.`>Specified in P y y p _ 20 Section 366 26; the:minor may be declared permanently ¢i 21 ' free from their custody and,control. ; 22 (3) The minor:is suffering severe..ernotional damage, 23 as indicated by extreme anxiety, depression,,'withdrawal; a - 24 or untoward.aggressive behavior toward self° or others,` 25 and there are no reasonable means by which the minor's 2 26 emotional health maybe protectedwthout removing the : . i 27 minor from the physical custody of his or.her parent or 28 guardian: 29 (4) The minor or a sibling. of the minor. has been 301 sexually abused, or is. deemed to be at substantial risk of 31 being sexually abused;,by a parent, guardian,.or member 32 >of his or.her..household,or other-person known to his or ` . . 33 her:parent, and thereare'no reasonable means by which 34 the minor can be protected from further:- exual abuse or 35 a substantial risk of sexual abuse without removing the 36 minor from his or-;her parent or guardian, or the minor 37does not wish to return to his or her parent or ardian. 38 ` (5) The minor?`has:been left without'any Provison for : 1' 39 ; his or her support, or.a parent who has been incarcerated 40 or institutionalized cannot' arrange for "the :caro"of the z y� f - 94 1 AB 1544 he1 minor, or a relative or other adult custodian with whom cal .2 the child has been left by theparent is unwilling or unable 1 a 3 to: provide care or,.' support for the child and the e) 4 whereabouts of the parent is unknown and reasonable iat 5 efforts:to locate him or her have been�unsuccessful: he y. 6 (d) :The court shall make a determination as to he 7 whether reasonable.lefforts were made to prevent or to Ile8, eliminate:the need,for removal of the:minor from his or 9 her home or, .if.the minor.`-isremoved'for one of the irt. 10 . reason§` stated. in paragraph (5) :Iof ; Subdivision (c), he it whether:.it was .reasonable under he circumstances not to 12 to make any of those efforts The court shall state:the facts :its 13 on.:wh ch the decision to remove,the minor is based: or 14 (e) ;The:court:shall:make all of the findings required by 15 subdivision' (a) of Section 366 in either of the following to 16 circumstances: or 17 (1) The minor,has been taken from the custody of his aut 18 or. her-.parent`or guardian and has been: living in an in 19'. out.of-home.placement pursuant to Section 319. thy 20 (2) .The minor has - been living in, a voluntary 0 21 , out-of-home placement pursuant to Section 16507 4.' 22 SEG. 23`: SEC 16 Section 361.3.of the welfare and Institutions ,rs ` 24 Code: is amended toread:: ,r's. 25 361.3. (a) In any case in which a .child is removed :he 26� from the physical custody of his or her parents pursuant :or 27 to Section 361, preferential consideration shall be given 28 to a request by a relative of the child for placement of the ,en-' 29 child with the relative. In determining' whether ther of . 30 placement with a relative is appropriate, the county social ger` 31 worker and court-shall consider, but shall not be,limited or :32'_ to 'consideration `of the following factors. ch. .337 (1)-:-:The best 'interests of:the`child;. including special or A 34 ' physical, psychological, educational, medical, or he 35 erriotional needs: for 36 (2) The wishes of the parent the relahye, and child, if �n. 37 ...appropriate: For : 381 '(:3) :The provisi ons of Part 6 . (commencing with :ed `� :.39: Section 7950).of Division 12 of the Family Code regarding : 0 relative placement he 4 94 94 . ... t .._L.1+s..e.w.Lw':::ab+{.d...:..L.ti^1a.AL-rav'_.:rY`Sv:.RW'tr''L?.�'grs�a �5.4Y.J�r L ti.'LiJ.:. '1 1t..:.-Ci Fi ,•�+Y.:1f1 rL^ AB 1544 — 30 --- 1 (4) Placement of siblings and half-'siblings in the.same 2 home, if :such a placement is found to: be :int. the best 3 : interests of each :af:the children m as provided Section 4 16002, 51. {5} The good moral character of the relative and any in h rn incl i r i; 6 other adulthvxng the o e, . uding cons de ation of any;criminal record or child abuse. allegations. 3 {6} Tie nature and duration of the relationship 9. between: the'child and the.,relative, and the Md tive's Io desire to:care for the child 11 (7) The ability.of,the relative to-do the following 1''rovide ure sec , and stable 13 envronment for. the child. 14 {B} Exereise proper and.effective care and control:of i' 15 the :child: 16 {C} Prayde a home and the necessities of life for the 17 child 18 (D} Protect the child fro:' his or.-her parents. 19 (E}r Facilitate court-ordered reucatiori efforts with 20 he parents. 21 (F} Facilitate visitation with he child s other relatives 22 (G) Provide ; egal permanence':. .for the child if 23 reunification fails 24 Arrange ;for appropriate and safe child care, as 25 necessary } 26 In this_regard,-the:Legislature declares that a.physical 27 disability;,such as-`blindness or deafness, is no-bar to the 28 raisin of children, ,.and a coun social worker's- g ' 29 determination as ° o. the ability of a c isabled`relative to SO. .,exercise.care and control`should center upon whether he 31:`:'relative's-disability prevents' him ar her frorri exercising: 32 care: and cantrot, The 'court.shallorder the. parent to 33 disclose to the county social worker the names, 4 34residences, and any other knoum identifTng information 35 any maternal or-.-p t ern relatives.of the child; This 36 inquiry ,shall not be :construed however, toy guarantee, 37 that the minor will be ,.placed with. any person so 38 identified The county social worker shall . further . 39 vestigate the existence 'f ©then'relaties for possible 0 'placement and document these efforts in the social study 94 t r AB 1544 -1e l prepared pursuant to Section 358:1. .The court shall :st 2 authorize the county social worker; while assessing these n * : 3 relatives for the possibility of placement;to disclose to the 4 relative, as appropriate .ahe :fact :that the child is in�y 5 custody, the alleged reasons for the >custody, and the of, y, 6 projected likely. date for::the child's ,return . home or 7 placement for adoption or legalguardianship. However,. ,lp 8 thin investigation shall:not be construed as good cause for 's 9 continuance of the dlspositional `hearing 'conducted 10 pursuant to Section 358. 11 (b) In'.any case ui which more than,.one appropriate ale 12 relative`requests preferential consideration pursuant to 13 this, ection,,each ire. A ive-shall:be considered .under th,e. of '` 14, factors enumerated �n urbdivision {a) 15 (c} For purposes of this section: 16: 1 �; . he ( } Preferential consideration. - means: .that the 17 relative seeking placement shall be the first,placement to 18 be considered and investigated: ith 19 �2} "Relative": means an adult, who is related'to the 2U c12.ild or-:th` cli ld"s liaLf sibling by blood or of i` amity, es.:. 21 inched' all-re.ai ves whose status-is preceded by the 22 words . ste eat : .. eat: eat ar . and - or the �f p gr 23 spouse ofanysue. person even if themarriage has been as . 24 terminated by death or, dissolution 'However,' .only .the- 25 follow.zng relatives :shall be gzver preferential cal 26 consideration for the 114' lent ofthe,b ld.•an adult ivho 27 ,is aand anent, aunt uncle or sibling. she ' p ;r°s 28 (d} Subsequent to the hearing conducted pursuant to to 29 Section 358,` whenever a new placement of the: minor he 30 must be.made consideration for placement shall again be 31 given as described in this section to relatives who have not to 32 been found o be unsuitable and who will: fulfill the les, 33 n ill reunification.:or.permanent plan requirements. ion ` ~, . 34 In addition to the factors described in subdivlson {a},the w . ' 35 count social worker.shall consider whether the relative 'his Y tee 36 has established. anal maintained'a relationship`with the so 37 minor her 38 (e) If't' e court does;not place the child with a relative 39 who has been:considered for: ' lacement ursuant o this bie p p 94 ! 94 . .. .WrS,:r�x. ..?i.K, ..�e,t<Yfu r r> Y..j7..r:i•, ��� efy,. ,.._: •:.. +:.. :S 1 i .-u•' u .-.rsit,SG:L:uu�: •C C .r.....:. .: AB 1544 32 :1 1. section, the court shall state .for the record the reasons 2 placement with that relative was denied: 4 4 ' SEC:17: Section 361:5 of the Welfare and Institutions : 5: Code, as amended'by Section 2:5 of Chapter 1083 of the 6. Statutes .of 1996; is..amended to read: y 7 .361.5' a Exce t as rovided in subdivision b of &! this section-or in subdivision: (c) of Section=316.2:or when 9 the parenthas voluntarily relinquished the minor and the 10 relinquishment has been filed.with the State'Department 11: of Social Services or, •upon;the establishment of an order: 12 of=<:guardianship pursuant to Section ;360, whenever ,a r 13; minor is-removed from a:.parent's or guardian's custody, 14' the juvenile court hall: ,order* the probation officer to: 15. provide "child `welfare: services. �to the minor `and the` 16 minor's . parents or guardians > for:. the purpose of �1 17 facilitating `reunification of the family, as follows. 18: (1) For..a minor who, on the date:.of irntia removal 19: from ahe physical custody of his or her parent or guardian, : 20 ` was .three years of'age. or older, court-ordered services 21 shallnot exceed"a period of 12 months: 22 (2), For a minor who; on the date, of irntial-removal 23 'from the.physical custody:of his or her parent or''guardian, 24 was under.the. age`Of three years, .court ordered services. 1 : 25 shall not exceed.a period`of six months. t .26 However; court .ordered.services may be extended up 27 to;a'maximum time period not to .exceed 18 months:if it 28 :can:be shown that.*the.objectives.o f the service`plan.can 29 beachieved vtnthin°the extended time period The.court x 30 shall. 'extend the tune period only:if it finds:that there is 31 a substantial "robabih that he minor will be returned p '' 32 to ahe physical"custody of his'or her parent or. guardian j 33 within the extended time period or that reason 34 services "have not , been provided .to the parent or 35 .guardian If the court extends the time period; the'"court 36 shall pecify the factual basin.for its conclusion ta "there 37 is;a substantial probability that the minor will be returned: 881- I&-ithe :physical custody of his orher parent or guardian 39 within the extended time. period The court ;also :shall 40 make findings pursuant to ubdivision (a) of Section 3.66 i 94 . T f ...33 --- AB 1544 1 and subdivision (e) of Section 358.1 When counseling or other treatment services are ordered; the parent or 3 guardian shall be ordered to participate,in those services, r 4unless<the' .parent's or guardian's.participation is.deemed: 5by the court' to be inappropriate or potentially. 6 detrimental to=the minor: Physical custody of the minor 7 by the parents:or guardans.during the 18-month period 8 shall not serve: to interrupt the running of the period. .If . 9 at the end of: he 18 month''period, a minor. cannot be Io safely returned to- the care and custody of a.parent or l l guardian without court supervision,but the minor clearly 12 desires: contact:with..the parent-or guardian,,:the court. I3 shall =take he ch�Id's".desire.into`account;in devising a 14 ermanency.pian. 15 Iri cases where .the "minor was under the age;of three: 16 years on the date.of the initial removal'from tlie'physical l7 custody of:his `or her parent or,::and an, the court shall 18 inform the parent or', guardian that :the failure -of the I9 parent or guardian to "participate regularly in any ' 20 court-ordered .treatment .programs or to`:cooperate or 21 avail himself of herself of services provided as part of the 22 child; welfare services :case ". plan may; result in a 23termination, of efforts to. reunify the family after .six months:.. 25 : Except in cases where;pursuant to subdivision (b), the 26 court does not order reunification services,the court shall 27 inform the,parent;or..parents of Section 366.26 and shall i 28 specify that the parent's or parents'"parental rights.may, g y 29be terminated 30 (b} Re cation. services need not be provided to a 31 parent or.guardan described.in this subdivision when the 32 ; court:finds by.clearand'convmcing evidence, anydf'the 33 follown g r L; 34 4(1} That the whereabouts of the parent or guardian is 35 unkiiawn: A finding pursuant to this paragraph shall be . 36 supported by an davit or>by'.proof:that a reasonably 37 diligent search has failed to l6catelhoparent or guardian. 38, The posting or`,pulicaton of notices is not required in 39 that search. .f 94I' i�� v AB 1544 --- 34 1 (2) That the parent or. guardian is suffering from a 2`_ mental disability that is described in Chapter 2 3 (commencing)with Section 7820} of Part 4.of Division 12 4 J of the-Family Code and that renders himor her incapable Y 5: of utilizing those services: 6 (3).- That the minor ora. sibling of the minor had been 7 reviousI . adjudicated a dependent ursuant to an p Y p P Y 8 subdivision of Section OO as a result of physical or sexual 9 abuse, hat fohowmg .that adjudication the minor had 10 ` been removed from the custody of his: or her parent or ardian ursuant to Section 361, that the minor has'been 1 gpp 12 returned to;the custody`of the parent orguardian:from 13 whom the mug or had`been taken originally,_and hat the 14 ' minor is being removed pursuant to Section 3f i due.to 15; addonal physical or sexual abuse. 1 { } That the , parent or guardian of the. m* I' s 17,; caused; the' death of another minor' through:.abuse or 18 neglect. 19, (5) Thatihe minor was brought within the jurisdiction 20 of the, court under subdivision.(6) of Section 304)because :21, of the condt.ct of that parent or guardian 22 (6) That the minor has been adjudicated adependent 4 23 pursuant to any subdivision of Section 300 as a result of 24'. severe sexual abuse. or the infliction of severe physical 25 : harm to the minor, a;siblin.g or 'ahalf-siblingby a parent. ' 2fi :!or., as defined.in this subdivision; and-.the court ' 27 makes a factual finding that it would not"benefit the 28 minor to pursue reunification services with.the offending 29 parent or guardian ' 30 A finding of severe sexual'abuse;for the purposes of this 31 ,.subdivision; may,.be:based on; but snot limited to, sexual. 32 `intercourse: or, stimulation involving genital-genital, 33. oral=genital, areal-genual, or ;oral-anal contact, .whether 34 between the parent or. guardian- and, the, minor, or a . 35 sibhng.or Half sblingof the minor; or between the minor -}r 36 or a :sibling or.-.half-Sibling of the, minor and another 37 , person or animal with the actual or implied`consent of the 38 arena or and an; or the` enetration or Mani ulation of p ig , . p P 39 the minor's; sibl ul g;'s, .or' half sibling's genital organs o`r 4o rectum by any animate or inanimate abject;for the sexual 94 TMYaY°. 35 -- AB` 1544 a 1 gratification ofthe parent or, guardian, or for the sexual. 2 2 . gratification of another person with the actual or implied 12 3 consent of ahe parent or guardian. w ;.: )le 4 A finding of the vnflcton'ofr severe physical Harm, for 5 the purposes of:this subdivision, may be based on, but is; en 6 not limited to,;deliberate:andserious in'u inflicted o or J ry ' ny 7 on a minor's body, or th'e body of'a sibling or half sibling 8 of the .minor, _by an act or: omission `-of the parent or ad r: 9 guardian, or of::another -individual or, animal with the or 10 consent. of the parent or guardian; =.deliberate and en l torturous CO> n finement_ of 'the` minor, sibling, . or. 1m 12 half-sibling,:gra a c6ed:space, or any other:torturous act cie 13 or omission which would be reasonably understa©d to to - 14 . cause serious emotional damage 15 {7) ' That: the parent is not receiving reunification: ,as 16 services fora ibling :ora half=sibling of the minor . zE=. or l7 pursuant to: paragraph' {3) {5); or {6) k r h' 18 (8)` That the minor was conceived by means of the, �n 19 commission of an offense listed in Section 288 or 288:5 of se 26 the Penal Code; ar by an act committed outside of this 21 state which if committed in his state would constitute nt such an offense This'paragraph only applies oche parent ' of 23 who,committed the offense or.act: ' 24 9 That the minor was brou ht with the urisdiction { } g J nt: #i. 25 of the court under subdivision (g) of Section 300; that the:. rt 2fi parent or guardian`of.the minor willfully abandoned the le P 27 minor,` and the court finds that the abandonment`itself .ig 28 constituted a serious danger:to the minor. For`purposes 29 of this paragraph, a"serous dange`r" means that without` lis `30 the'intervention of another.person or-agency,.the minor 31 would: have; sustained severe or permanent disability, 32 -in' illness; or death.`For` ur uses-of this bra a h na Jur .Y P p p g' p.. 'r 33 "cul;abandonment"`shall no b.construed,as actions a 34 oaken. in goad faith by he parent' vthe intent of 35 placing the minor in serious danger 'r 36 {10) Than (A) the court ordered a'permanent plan of h, .. 1e 37 . adoption, guardianship, or long-term;foster care far any of 38 siblings or half:siblings.of the' minor because the parent ar y 39 .or guardian failed to. reunify``with the sibling or 44 half=sibling after the sibling "or halfsibling had been. 94. 94 AB 1544 — 36 — removed 36removed from ,,that parent or guardian pursuant to 2 Section 36.1 and that parent or guardian is the same.parent 3 or guardian described in subdivision ..(a), or (B). the any-sblinparental n hts:of a arenaor uardian over ior , 5= half-sibling sibling'of the minor had been permanently severed, 6 and .that, according to the findings of the court;. this 7 parent or guardian: has not subsequently:` made a 8 reasonable effort to treat the problems that led to 9 removal;of the sibling or half-sibling OP that minor from .; 10 that parent or guar. an. r 11 11 That the arent.or guar .ian has been.convicted: ( ) P 12 of a.violentfelony, as;defined in subdivision (c),of Section 13: 667 5 of the,Penal Code 14 (12) :':That the`'parent- or guardian of t.. minor has, a 15`` history:of extensive, abusive, and chronic use of drugs or 16 alcohol;and has resisted prior areatment for:this problem' I 17 durmgA three-year penod:unmediatelyprior to.the fihrig & of;the :petition which brought that minor to the court's 19 attention or has failed or refused to com 1 with a PY . 20 program of drug or .alcohol treatment described in the 21: .case planrequired by.Section 358:1 on at least two prior 22 occasions, :even` though the prggrams: identified were 23` available and'accessible.. 24 '.(13) -That the. parent` or guardian :of the minor .has 25: advised the court that heor she. is not `:interested m* 26 receiving, family. maintenance or family' reunification 27 services or having the minor returned fo or'placed in his 28 :, or .her. custody: and does not: wish to receive family 29 . maintenance or. reunification, services. 30 The:parent or. guardian shall be represented by:counsel and shall execute a waiver of services form o be adopted 321 , by the Judicial Council. The court shall advise the parent` 33: . or guardian of any right to services and of he;possible 34 consequences of a waiver of -services,..including`: the . 35 termination of parental rights and;placement of the child 36 .for, adoption.:.The court shall not' accept the waiver of 37 services unless it states on the.record its findingi that the 38 : parent`'or guardian has knowin 1 and ntelli entl g Y g. ' Y 39' waived the=right to services: 94 ." ` eLEat-t...mnc ; Lp' pSiti'. _C,•}_,•Lf: v..e�%�.- .f ...... .....e K. — 37 — AB 1544 to 1 (c) In deciding whether to order reunification in any -nt 2 case in which this section applies, the court shall:hold a he 3 d spositional hearing.-The probation officer shall prepare * { ... or 4 a report which.discusses whether reunification services ad; 5 shall .be provided : When ` it :is ' alleged,,- pursuant :to his ., :. + : 6 F 2 of subdivision . b that::the:. arena is . paragraph ( ) . . ( )� p a0 7 incapable :of utilizirng services due to :mental" disability, to 8 the court'. shall order reunification services unless )m9 competent.�evidence from mental health: professionals 10 establishes Ghat, even with-the provision of services, the :ed 11 agent �s.unlikel to be ca able 'of ade. uatel Garin for p .. Y P q y g _on ; . 12 the child_within 12 months µ" _ .. .. 13. 7e count shall not order reunification for a parent or S4, Y: 14 guardian described in'paragraph (3) (4), or... 15 9 10 11 12 or,: .'13 of subdivision b unless the :rn 16 court ::finds, by clear and convincing evidence, hat ng. 17 reunification is in he best in erests of the minor. :•t's 18 In addition,::the court shall not order reunification in i a 19 any-situation described.in paragraph (5), of subdivision he 20 (b) unless it finds ` hat, :based on competent; testimony; .. for 0 . . 2fthoseaervices are likely o prevent:reabuse. or.eontinued ,re.. i 22 neglect of he minor "or Ghat failure:to try reunification 23 will be detrimental" to'. he mirror because the:minor is as 24 closely acid �positively attached :to " that parent The in ;'t " 25 probation :officer: shall investigate the circumstances l) . Lon 26 leading to the removal of the minorand advise the court his 27 whether.,;there .l are circumstances which in than • y 28 reunification is hkel ul y,to be successful or unsuccessful and 29 . whether: failure to:_order reunification is, likely : o be .sel 30 detrimental to the'minor :ed. s 31 The failure of the :parent to respond: to. previous`. int` 32 ervices, .the fact that the minor;:was abused:while the: ble 33 .parent:was:under the'f ' influence of drugs or alcohol, a past :he 1 34 history, . Violent behavior,, or testimony by a competent Ad :35 professional that the parent's behavior is unlikely to be ` of 36 changed by services, are among ;the factors .:indicating :he 37 that reunification ,services are unlikely to'be successful. ttly :38 The fact that a:parerit or�guardian is no longer wing with": 39 an individual who: severely 'abused' the minor' may.,:: ..be: 40 considered; in deciding that":reunification services ae " 94 / 94.' AB 1544 38 l : 'likely to be successful, provided that the court shall 2: :any rnof behavior on the arof the Parent consider 3 that has exposed'the minor..torepeated abuse ►' 4 (d) If reunification services are riot ordered pursuant E 5 to:paragraph (1) ofsubdivis�ori .(b} and the whereabouts fi` of atrent .become known'urithin six :months of the P 7. out of home placement of the minor,the court shall order .. 8. the probation officer to-, provide family reunification 9: services in accordance with:flus subdivision However, 10: the time limits specified in in = a are not tolled g. { ) 11 bythe;parent's absence the parent ar guardian is incarcerated or 13'° instltutioriahzed the court 'shall order reasonable seances unless the court sdetermines by clear and convincing` 15' evidence; those; services,: would be detri ent' to: the 16 minor: In deterrniig detrunent the c'o'i shall consider.. 17 the age of the minor; the degree of parent child bonding; I 1$ the length of the sentence, :the.nature.ofthe treatm.'eiri t9 the nature.of crime or illness, the degree of detriment to 2U: the rriinor, if services are not offered.'ad, for minor8: 10 - n , ;. 21_ years of :a a or; older; the minor's attitude toward thea g 22 rnplernentation of family reun icat�ori:services; and any 23 other appropriate -factors Re cation -:services- are a 24 subject to the:18-mon limitation ixnposed:in subd�.vision Y '. . 25'.:.. (a} Services ma include, but shall not be hmated to, all r 26of the:following: 27,,: A :Maint :ift contact between' trent` and minor ) , g p 28through collect telephone calls 29 04.y. :Transportation services, where:appropriate 30 Visitation serviees wlere,a ro date 3 .> pp. P Reasonable semces to extended family members i' 32 or: foster ':parents providing care for the 'minor if the 33 services are not-detrunental to the minor 34 An:;incarcerated trent xria be re wired to attend' f 35 counsehn arentin classes, or vat .' P Y g, p g cational trauung: 36 programs as part of;the'service plan if these.,programs are ` 37 :available 38 (2)";The residin ud� e of the uveiul court of each p � g a 39 county may convene :representatives of the county 4U welfare department; the.aheriff's department,:and other' 94 --39 -- AB 1544 hall it 1 appropriate:"entities for;the purpose of developing and ent 2, entering into protocols for;' ensuring the notification, 3 : ransportation, and presence> .of an incarcerated .or. ant L 4' institutionalized•parent at all 'court 'hearings involving ►uts � ', 5 proceedings.affecting'the.minorpursuant to Section 2625 6 y of:the Penal Code: the Ser 7 (3) Notw� hstanding any`I then provision of law, if the 8 incarcerated arent is a`moman seeking, to artici ate:mi ion p g p P 9 he `community treatment program operated b.y the led 10 Department cif Corrections pursuant to. Chapter 4:8 11 (commencing with Section.1174)` of:Title,7 of Part' 6 ,or -or 12.- Chapter 4 (commencing with,Section 34 10). of Title 2 of 13 Part; Penal Code the court shall determine des : , rig f 14 :whether.f. parent's°:participation in a program is in he :he <15 ohild s best interests and whether it is suitable'to meet the ler .16 needs of.the parent:and child ; . 17 (f) If a court; pursuant o paragraph (2); (3),, {4}, (5), rpt; 18 (6), .(7), (8) (10) , (.1-1), (1 ), or (13) of subdivision to 19 (b) or paragraph (1) ;of subdivision (e):., does not,order 10 20- .reunification services;"it shall conduct a hearing pursuant he 21 to 'Section 366:26 within 120 :days. of the dspostional riy 22 hearing, However; the court shall not schedule a hearing :re 23 so long as the other:parent is being provided reunification 3n 24 services- pursuant ;to subdivision (a) The court may all i; 25 -:continue. o,permit the:parent to visit the minor unless it 26 finds hat`visitation:would b'e detrirnental to the minor. or 27 (g) Whenever a court orders:,that a hearing shall be 28 held pursuant to Section 366.26 it shall direct the agency , :29, supervising the minor and the licensed county adoption 30 agency;or the State Department of Social Services when ,rs 31 it is actings as an adoption agency in counties which are not e 32 served by a county` adoption agency,. ao prepare an 33, assessment regarding the likelihood that the minor"will be idl t 34 adopted if parental rights are terminated:The assessment , ig 35 , shall include re R 36 _ (1) Current aearch efforts for an absent parent or 37: parents ,h 38 (2} A review of the amount of and nature of any 39 contact-:between the minor-and,and his or her parents since ty 40° the time of placemO t: >r ­Tj 94 94 }� AB 1544 — 40 — I 4Q --1 (3) An evaluation : of the minor's medical, r2 developmental, scholastic;.mental, and..emotional status 3 .and.., an; analysis of whether any of the minor's 4 eharactershes, would make �t_ difficult to £arid a<person -:51 ng to adopt the minor. 6 (4) A pjreliminary assessment of the eligibility ;and 7commitment ,,o , any identified, prospective' adoptive i 8 parent or,guardian;particularly the"caretaker; to include J 9. 'a social history:including screening for,crinciinal records 1. . -14. and .prior .referrals for 'child .:abuse 'or ne lect; the 11 capab�ty to meet the< minor's needs, and the 12 understanding of ahe aegal and financial rights and 13 responsibhties of adoption.and guardianship.. 14 (5) The relationslup of. the minor to :any identified 15 prospective adoptive parent or, guardian; the duration 16 Wand character of:' he:.relationship, ahe motivation .,for JIT seeking adoption or,guardians: p..:and a statement from I8 the minor concerning placement and the adoption or 19 : guardianship, unless the . minor's age or physical, 20 emotional; or other condition .precludes his 'or .her r 21meargful response, andif. so, a :description of the . 22 condition; 23 (h) In determining whether reunification services will 24 benefit the minor,;pursuant to paragraph 25 subdivision (b), the count'shallconsider any information s. 26 A deems relevant; including the following factors 27 (I) The specificact,or omission comprising the severe '28 , sexual abuse.or.the. severe;physical.harm inflicted onthe 29-minor or<<the r'mor's sibling_or half sibling 30 (2)' The circ_umstanees under which the abuse or harm - 31 : was inflicted on.the minor or. the mo or's :'sibling or 32 half sblixg 33 (3) The seventy of.the emotional trauma suffered by 34 the,.nunor:ar the minor's:sibling br half'sibling: 35 -(4)` Any history {of:abuse of..otherchildren by the . i' 36 offending parent or guardian., 37 (5):. The likelihood. that:; the: minor may be aafely 3$ returned to the care of he offendm g parent or guarthan 39 ,within 18 months:wu—no con xxi su ervision. r - . 94 _ } 4 41 AB 1544 r rs' 1 (6) Whether or not the minor desires o be reunified .. .r 2 with the offending parent or guardian. n ;The court shall.read.into ahe record'the basis fora 4 ceding of severe sexual, abuse or the infliction of severe d 1 5 physical harm ii er paragraph (6) of subdivision` (b), e , 66 .and shall . >also ` speeify the factual :findings used to 7 determine_that the provision of reiu�ufication,services to, $ the offending parent or.:guardian would not benefit the ts 9 minor. eThis; section, shall- remain:.> in :effect only until I1 January 1 `199i and:,as of that date 1s re ealed; unless a p h, is enacted 'on or before 12 later -enacted statute, whit 13 January 1, 1909 L letes.. r extends that date ,r. 15 SE : 18.. : S' ti of the Welfare and Institutions 16 Code;,as added by:Section. 2.7 ofChapter 1083 of the. 17 Statutes of 1996; is amended to read• 18 361.5 (a) Except .as provided in: ubd vision (b} of ' 19 this seetion,or.in subdivision, (c) of:Secton 316:2,or when `tu 2Q the.parent':has voluntarily:relinquished-the minor and the 21 relinquYs Ment hasbeeii ee anti the<State Department a 22 of Social Services, or upon the establishment:of an order f 23 of guardianship pursuant to Section -360; whenever ,a 24 minor is removed from a.parent°s or guardian's custody; 25 the juvenile court shall order:the .probation officer to: 26► provide child._welfare services .to the. minor 'and the ;: 27 minor's parents or guardians for: the purpose of 28 faciIrtatin reunification of the family; as follows. g is 29 (1} For a minor -who; on 'the date of initial removal 30 from the physical custody of his or:her parent or .guardian; M ,. - 31 upas:three."years of,age or older;`:court ordered services 32 shall.not exceed a penod of'12 months 33 (2} For a ncnor who; on he date-'.of initial removal �`' 34 from the physical custody of his or°her parent or guardian; L 35 was-un e r>the;age of three year's,` court-ordered services' 36 shall not exceed a period of six months 37 However, court ordered services may be extended up` 3$ to a maximum,tame:period not to exceed`18 Mont s it r 39 can be shown that the objectives 4 the sertnce==plan :can 0' 40 be achieved:w thin the extended time period.:The court 94 P AB 1544 -- 42 ;i 1 shall.extend the. time period only if it finds that,there is 2 a substantial probability that the minor will:be returned 3 to the physical custody, of his or.her.parent or guardian 4 within the extended' ,tune period or that reasonable services have not been provided to: the :parent or 6 guardian. If the court extends the time period, the court 7-shall specify the factual basis for:its conclusion that there 8 ' is a substantial probability thatthe minor will be returned 9 to.ahe physical custody of his or her parent or_guar dian l0 .,within. the =extended' time period The court also shall . 11 'make findings pursuarit'to sub-division (a) of Section 366. 12 When counseling or other :treatment' services are 13 ordered, 'the parent :or .guardian shall be ordered to 14 participate in those services,.. unless .the parent's or 15guardian's participation is :deemed b the ;court to be Y . . 16 Y'appropriate, or `potentially detrYmental'.to the minor. 17 � Physical custody of the minor by he parents or guardians 18 . during the 18-month,period shall not serve-to interrupt 3 19 the running of the pi If atthe.end'.of the 48- 20 eriod, a minor cannot be safel returnedto the care and Pey 21 custod of'a arent'or custody of guardian withouf court supervision, 2i but.the minor clearly;desires contact with the`parent or , 23 guardian;`the court shall take the. 'child's desire into 24 account in devising a permanency:plan -� 25 . : In cases where the:minor was under the. age of three 26 years on:the date ofthe from the physical _. . 27 custody of his or her parent or guardian; the 'court'shall 28 inform the parent: or :guardian that the failure of the 29 , arent or ardian .to artici ate re' arl p P P � Y in any f 36"' court'.ordered treatment programs or to cooperate or 31:1avail himself or herself of services rovided as art of the', " p P 32 ,:childwelfare services case.: plan ';may result in a 33 termination of efforts .`to reunify.'_the family 'after six _ y 34 months 35 Except in cases where, pursuant to subdivision (.b), the 36' court does.not order reunification services, he court shall 37 inform the parentor.parents of;Section 366.26 and shall in 38. specify.that the parent's or parents' parental rights may 39 be termuated. 94 - 43 — AB 1544 f . is l (b.) Reunification services need not be`provided to a ed 2 parent or..guardian described in this subdivision when the. 3 court,finds, by clear:and,co,nvincing'evidence- any of•the an )le . 4 following or 5 {1}: That the whereabouts of the parent or guardian.is 6 unknown A findin ursuant to thisparagraph shall be in - gp re r 7 supported by an affidavit or`by proof that a reasonably W 8 diligent search has failed t' locate the.parent or guardian: ad 9 The posting or,publication is.,of notices: not required iri .tn: lU that search: 6 11 {2} That the parent or guardian is suffering from a 12 mental disability that s described uii` Chapter 2 co 13 (commencing.with Section.7820} of Part 4 of Division 12 Jr 14 of he;Fam ly Code and that renders him orher.incapable �e is of utilizing those.services. r; 16 (3} That:the znIinor or-a sibling of he minor has been is k 17 previously:.- adjudicated :a dependent pursuant to any A. 18 subdivision.of Section 300 as a result of physical or sexual h 19 abuse, that. following .that adjudication the minor:, had d. f 20 been 'removed from the custody of his�or her parent or . i, 21guardian pursuant,to Section 361 ,that the minor has been it 22 returned'to the custod of the parent`or ardian from Y,of 23 whom he minor had been taken originally;and that the 24 minor is be2ng removed pursuant to section 361, due to'' { 25 a dditonalphyscal or, sexual abuse e 26 4 That the , Arent or ardian of 'the minor has a ( } p , It 27 . caused the death of another minor` through: abuse or ' v 28 : neglect. : y29 (5) .'That:the minoi.was brought within the jurisdiction r; 30 of the courtunder subdivision (c).of Section 300 because 31 , of,the conduct of-..that parent or guardian: 32 (6} That the minor has been adjudicated a:dependent t 33 pursuant to any subdivision of Section 300".as a result of 34 severe sexual abuse or :theetion of severe physical {, 35 liar rri.ao the nxnor, a sibling, or,a half:sibling by a parent l 36 or guardian, as clehned iii this subdivision, andthecourt 1 37 makes a factual .finding that it would not benefit the 38 minor to pursue reur i ie'ation erviceslth the offeriding 39 arena. or ardian Daren gu 94 AB 1544 _ 44 — ere 44 — 1 A,finding of severe sexual abuse for the purposes of this g p p 2 subdivision; may be based on, but,is not limited.to, sexual 3 intercourse,. or` stimulation,, involving genital`-genital, t 4 ' oral-genital, anal-genital,, or oral-anal contact; whether 5 between the parent or guardian and the minor or a sibling i 6 or half-sibling of the minor, or between the minor or a 71. sibling or half-sibling of the minor and another:person.or = i 8' animal with the actual:or implied consent:of.the .parent or,guardian; or the penetration or manipulation' of the 10 minor's, siblin 's; or half siblin 's ezi�tal or. ans or g. g g 11 . rectum;by:any an mate or inanimate abject dor the,sexual Z. gratification of"the parent or.guardian, .or for the sexual 13 gratification of another person vcnth the actual or implied y 14, :consent of the parent::or.guardian. 15: A finding of the infliction of severe physic9.harm, for 16 the ;purposes of'this subdivision, may be based on, but is 17:,. not limited to, deliberate and serious injury inflicted to or 18 on a minor's.body or the body of a sibling or.,hal&sibling I .19 of the- minor -by an. act or omission of. theparent,.or 20 guardian, or, of.- another individual or animal with the t 21 consent of: the parent .. or guardian, deliberate and. 22 torturous confinement o f; the: , minor, sibling; or 23 half-sibling in a closed space; or any other.torturous actor 24 ' omission which would be reasonably understood to cause ;Y 25 serious-emotional'damage. t 26 (7) That .the parent is not receiving reunification : 27 services for ,a , 'sibling' .or . a :half-sibling o£ the minor 28. pursuant to paragraph. (3), (5), or (6) . .29 (8) That . he minor .was, conceived by means of the 3Q ` commission:of an 'offense listed;in Section 288 or 288.5,of 31` the` Penal Code, or by an act committed outside of this 32 state which'if con�nitted in:=this state would constitute. 33 such an offense.This paragraph only applies to the parent 34 who committed the offense or act. .. 35 .the minor has been found to` be a child 36 described in subdivision (g) :.of'Section 340; that the ardian o f the minor�w llfull abandoned the. '37 parent or gu y 38 minor, `and he court finds that the abandonment itself 39 constituted a serious danger to the child:Forthe purposes 40 of this paragraph; "serious danger" mean that w%thout 94 Y —.45 — B 1544 this ` ' ' 1 the intervention of another person or age; , the minor g ; Y xual 2 would have sustained severe or permanent disability, ital, : 3 injury, illness, or::death: For purposes of this paragraph, .her t 4 "willful abandonment". shall-,not. be.construed:.as actions ling S taken in good faith;by the parent without -the intent of ar, a 6 placing the minor.in serious danger. . a,or ;. 7 (10) `That (A) the court'ordered a permanent plan of ent 8. adoption, guardianship,'or long-term foster care for any the : 9: siblings or half,siblings of manor because the parent or 10 or; guardian .failed to -reunify with ,the sibling or Cu 11 half:sibling 'after the sibling or 'half-sibling had been :ual 12 removed from 'hat' parent ''or guardian purstiant to �ied 13 Section 361 and that.parent-or guardian is the.same parent " 14 or:: guardian described 'in' ubdivsion (a) or (B) :the for 15 parental rights of a parent or,guardian oven any sibling or` I is 16 half-sibling of the minor had been per severed, or 17 and that, according to the findings of 'the court, this Ing 18 parent' -or guardian `has. not subsequently . made :`a or 19` reasonable ::effort to treat ,.:the problems. ' that led : to th:e : 20: removal,of the`sibling or half-sibling of that inmor from ind `�!� 21 that parent or"rguardian or 22 (11). ;That the. parent or guardian has been convicted or 23 of a v olentfelony, as.defined", subdivision (c) of Section ase 24 667.5 of Ihe,penalC0de _ 25 (12) That the parent or gudi aran :of the: minor has a ion 26 historyof extensive, abusive, .and chronic use of drugs.or for 27 alcohol and has resisted prior treatment for this problem' 28 during a three-year period-immediately prior ' he.filing :he 29 of the petition which brought that minor to the court's of 30 en atttion, or has, failed :or .refused to .comply with a his 31 program of drug or:alcohol treatment described'.in , the it 32 case plan required by Seection 358:1 on at least tv o prior_ .bnt L 33 occasions, even 'though' the :programs id:entified -were Y 34 available and accessiii ble ild 35: (13) : That the parent or guardian: of ahe minor:has u he 36 advised the co rt thanhe or she is not_ interested. in he 37 receiving family :maintenance or` family- re,uripa.ion elf , 38 services or-having the minor returned•`to or`placed iri his ;es39 or, her. ,custody `and : does not wish ` o receive family ,: ut ( 40 maintenance or reunification services. 94 94 AB 1544 _ 46 —. 1.. The paren.t,or guardian shall be represented by counsel < 2 and shall execute a waiver of servicesform to be adopted th 3 by.the udlcial CouncilThe court shall,advise e parent , 4; .or guardian of any right to services and of the :possible 5 consequences of a :;weaver. of sevices, including the, 6 terrmnation of parental rights.and:placement of;the.child 7 for :adoption :The court- shall: not accept the waiver of 8. 'services unless it states on the record its finding that the p g dian has; knowingly-, and= intelligently 9 arent or uar. 10 waived:the right to services. decrdirig .whether to, order reunification in any l case.in which this section;applres, :the;court shall Bold a 13 dispositional hearing The probation officer shall-prepare. 14 a report which discusses whether reunification; ervices 15 shall be rovided When it; �s, alle. ed, >pursuantto 16 : ara rah 2 of subdivision b; , that hagent is , p g. p } } P. 17 incapable of utilizing services due to.mental disability, 18 the court r hall order' reuri�fication services unless " 19. competent ;evidence from mental health professionals 20 establishes.,that,;even with the provision of`services, the 21 parent is unlikely to;,e capable of:adequately caruig:for. .22 the minor within.12 months { 23 The court shall not order reunification:fora parent.or 24 guardian described.in.paragraph ,(3); (4), (fi}, (7} (8), (9}, (10) of subdivision (b) unless the 26 court finds b clear an convinc�n evidence, that " Y : g t, I3 27: reuhifi,cats on is.in the best=interest.of,the minor: 28 : In addition, ;the .court shall:not order reunifcatloii In 29 any situation described in paragraphsubdivision 30- (b} unless it finds that, based on competent testimony, 3T' those services are likely to prevent'reabuse car continued fi 32 .neglect of.the minor: or that"fure to.;try.:reunification " 33 '1be;defirirnental o the minor `because the minor xs 34 closely and positively attached to that. ;parent The 3.5 probation officer _shall investigate .the circumstances 36 leading to_the removal;of the minor and advise the;court 37 whether there rare circumstances: wluch`; ridicatethat' 38 reincation is likely to be successful or unsuccessful and . 39 whether failure:; to order reunification is likely to be 40 detrimental to the minor. i _ 4 — 47 AB 1544 rnsel The failure 'of the parent to respond, to previous oted 2 services, the fact'that the minor..was abused while the rent 3 'parent was-under the influence of drugs or alcohol, a past Bible 4 history'of.violent behavior,.or testimony by a competent the 5 professional that the parent's -behavior is unlikely to be 'hill y 6 changed by:services are among the factors indicatingthat -r of „r 7 reunification services`are unlikely to be successful. The the a fact that a trent or ardian is no longer livin with an 8 p g g y 9 ntl individual 'who severely abused the minor may be iO considered' ire deciding. that, reunification services are' y 11. likely to be "successful; provided that the court shall 11d;a 12 consider any pattern of:behavior on the part of the parent 13 that has exposed the minor to repeated abuse. ices 14: (d) If reunification services are not.ordered pursuant' to T5 to: art ra h' °1 of subdivi.' b ` and the whereabouts P g p O ) t is 16 of. .a parent become known within six months of. .the" litYw 17 out-of:home placement.of the minor;the court shall order Jess18 the probation officer to provide family . reunification rials 19 services. in accordance with this subdivision. However, the 20 the time limits specified in subdivision (a): are not tolled for21' by the parent°s absence :22 ;:1 (e) (1) .If the .parent ,or guardian.is incarcerated or t.or 23 institutionalized;the court shall order reasonable services (8) 24 unless the 'court determines, by':clear. and convincing the , 25 evidence,:'those serviees_ would be detrimental` to the hat 26 minor.Iii determining detriment,the court shalt-consider 27 the age of the minor; the degree -f par1.ent-child bonding; i in. . 28 the:length of the sentence, the nature o the treatment; ;ion 29 the nature of crime or'illness; the degree of detriment to 'nye 30 the minor if services are not offered and,.for minors 10 led 3`1 years of age or older, the minor's attitude toward` the ion 32 implementation of family reunification services; and any : 33 other appropriate factors. Reunification services',.are' Che 34 subject to the 18-monthaimitation` mposed in subdivision .ces 35 (a) : Services may include, but shall not be limited to, alI -urt g6. of the follng: Owing: hat 37 (A):eMaintauung contact between the parent and ind E 38 mnor:ahrough collect';telephone calls. be 39 (B) Transportation services, where appropriate. , 40 (C)` Visitation services; where appropriate. 94 94 L; T AB 1544 — 48 — (D) 48 -- l D Reasonable services to extended Tamil members { } y 2 or foster parents providing care for the minor if the 31 services are not detrimental to-the minor 4 An incarcerated .parent may °lie required to. attend 5 '~counseling, :parenting classes; or + vocational training _,61 programs as part of the service plan.if,these programs are 7 available., 8 (2} ,The presiding judge of the juvenile court of each 9 .",..county ..may. convene.. representatives of the county 10 ;"welfare;deparrtment, the sheriff's department, and older 11 appropriate entities for the purpose of developing and 12 entering into protocols for ensuring the: notification, 13 transportation, and `presence of ;,an,. incarcerated ' or 14 institutionalized :parent. at :all count "hearings involving I5 -:proceedings affecting'the mtr or-pursuant.to Section 2625 16-: 'f the., 17 . (3) Notwithstanding any,other provision:of law, if h e 18 . incarcerated'parent is a woman seeking to participate`in 19 the. co 1111 y. treatment, program operated by: the 2U Department of::Corrections .pursuant to Chapter 4,8 {commencing with Section,117.4) of Title 7 of Part."2 `of, 22 Chapter 4 (comrxxencing_with Section 3410) ;of.Title 2 of 23 Par 3. of, 'thel Penal: Code, the "court shall determine 24 :whether;the parent's participation'mn�a program..is in the �f. 25 child's best-interest and whether�t is suitable to meet the 26 needs of. the;parent and child. 27 .(f) 04 ,11 court, pursuant -to paragraph (2),-(3), (4}, {5}; 28 : (6} '; (7), (8}, (9) (10}, (11}; (I2}; or. (13) of subdivision. 1.29 b or ara ra h,: 1 of subdivision a does not'order .11.3 reu0reification services .it shall conduct a hearing pursuant 31 ` t6, Section:366:26 within '120 :days of the dispositional 32 :(hearing.=However, the�court shall not schedule a hearing 33 so long as the;other parentis"being provided reunification F 34 services',: pursuant to subdivision': (a} The court may 35 continue to permit the parent;ao visit the minor:unless it 36 :finds�that v%sitation would be detrimental to:the minor. : 37 {g) Whenever a court.:orders that a hearing shall be 38 held pursuant to:Section 366:263 it shall direct the agency : x. 39 supervising"the;minor arid.the licensed:county. adoption 44 ; agency;'or=the State Department of Social Services when — 49 -- AB1544 ars, j 1 it is acting as an adoption agency in counties which are not :he 2 served by a, county adoption. agency, to prepare an 3 assessment which shall include: nd 4 (1} Current search efforts: for- an absent parent or, .ng 5` parents ire ' 6 (2) . A review `of. the _:mount of and, nature- of any 107 contact between the minor and his or her:-Parents since .ch 8 the time of placement: ity 9 (3) An evaluation ,Of: . .. the minor's medical, ler 10 development, scholastic, mental, and emotional status. nd 11 {4j -A preliminary assessment .of the eligibility and 12; evmmtment of any: identified prospective adoptive or 13 parent or guardian,,particularly the caretaker, to include ng 14 asocial:history,including screening fqr'°criminal:record s ;25 15: ,and ; prior , referrals : for child `abuse or neglect, the 16 capability to ':meet the minor's needs, and the he 17: understandin of the legal and :financial` n gh ' °and g g g in. : 18. responsibilities of adoption and guardianship he 19 (5) .,The relationship of. the minor.to any .identified 4.8 20_ prospective adoptive parent or _guardian, the duration of, a c 2. . and character of the relationship, the motivation for of 22 ' seekin ado tion or uardianshi And:4 statement Froin g p � g p rie. , 23 the minor.concernn g placement and the` adoption or he 24 guardianship, unless the minor's physical, ie '``' 25.: emotional, 'or. other rcondition precludes ` his ,or::her 26. me.aningfill response, acid if so, a :description of., the i) 27:- condition gin. 28.. {6) ,An analysis of the likelihood that the minor will be er : 29 adopted if:parental rights are terminated nt 30. (h) In determining whether,reunification services will` gal- 31, benefit the minor pursuant to paragraph (6) or :(7); of lg : 32 subdivision {b)., he Court: hall consider any information )n t.aeemsrelevantincluding ;tlie following factors The.specific act or omission:comprising;the.severe. it 35 sexual abuse or the severe physical harm inflicted on the minor or ahe minor's-sibling=or half sibling �e 37 :(^2) ,The circumstances:.under whichahe abuse or harm �y 38 was iri#licted on the minor or the minor's sibling or in 39:: half sibling:<: ,n • 94194 ._ ... amu ,.. , f AB 1544 50 w 1 (3) The severity of the,emotional.trauma-suffered by r, 2 .the .minor or the minor's-sibling or half-sibling.. 3 (4) Any history, of. abuse of other, children by the 4 offending parent or guardian. 5 -(5) The likelihood, ,that the minor -may be safely 6 returned to the care of the offending parent or guardian 7 ,within 18 months.with no continuing supervision. ' E 8 (6) Whether or not ahe minor desires to be reunified . K; 9 with.the offending parent or guardian 10 (i): The court shall read:into the record the:basis for.a 11 finding of severe sexual abuse or,the infliction of severe 12, physical'harm under paragraph 1:(6)' ofsubd visiofi 13"-':and : shall: also specify the .factual findings used dAo_ 14 determine that the provision of-reunification"services o 15. the offg parent:or .guardian would not benefit the 16 minor. 17 WThis section shall become operative `January 1; 1999. 19 SEC 19. Section 366 of the Welfare and Institutions 20 Code Is arnended.to read 21 366 (a) The status of every dependent child.in foster 22 . care shall be reviewed periodically..as determined by the 23 court but no less frequently than once every.�six months,. 24 : as calculated`from the date of.the. original dispositional 25 hearing, until the hearing described in SecintoZia e . 26 .366.'26 is completed. . The court: shall determine the 27 continuing necessity •for and appropriatenessof the ' 28 lacem6i; , the extent of com liance with the case lan, p p p . : : 29 : the continuing need to suspend sibling iuiteraction, if ' 30 a licable ursuant to::subdivision. c of Section 16002, pP p ( ) 31 and the extent of progress which has been made toward 32 alleviating ormtigatuZg: the causes necessitating 33 placement in foster care, and shall project a likel dateb Y Y ' 34 which the child may be -returned to the home or-placed k. 35 for adoption or..legal guardianship -,36.,-.11 (b) . Subsequent" to the: hearing periodic reviews of 37' .Feachchild m foster care shall be conducted pursuant .to 38 the requirements 'af Sections 3663 and 16503.: i 39 (c) If the child has, been placed out:ofstak' each 40 review described yin subdivision (a) and any reviews A t, 94 { .. f.' i — 51 AB 1544 ,y I conducted pursuant to Sections 366.3 and 16503 shall also .2 address whether the out-of-state placement continues to ie 3 .i be the:most appropriate placement selection and in :the 4;: best M'terests,of the child ly 5 . SEC.20 Section.366 21 of the Welfare and Institutions �ri ' {: 6 -;.Code, as amended by, 6.9 of Chapter 1084 of the rr 7 Statutes of 1996, is amended to read: 8 366.21. a E r rin ,d (- ) ve y hea g conducted by the juvenile 9. court.reviewing: he status .of a dependent child shall be a s 10 °plaeed on the appearance calendar.:The court shall advise 11 ..'all. \ersons resent at the heari. of the date of the future e P p g t 12 hearing,and'of:their:right o be present and represented by,:counsel s. 77 14 (b) Except as provided in Section =36623 and ►e 15 :',subdivision (a) of Section 366.3,notice of the hearing hall 16 be:mailed by;the probation officer o the same persons as 17v,; in _the original proceeding, to the minor°s parent or 18 : guardian, to the`foster parents,'comn�iunity care facility, is 19 .- or,wf0st6r. family agency having physical custody .0f; the in, mor in the case of a:minor.remo'edfrom:the physical �r. 21 custody of his or her parent or guardian, and to the :e 22 .,Counsel,of record if the counsel<of record was not present S, 23 .at�the(time that the hearing was set by the.court, by 1 24 `first-class mail addressed to the`last..knownm address.of the ., 25 'person to be notified;: or -shall be :personally served on e 26 . <those persons, not,ear-lier than30 days nor.later than 15 .e 27 :days preceding the .date to which the hearing was 1; 28 :continued. Service of a copy of the notice personally or by . 29 certified mail:return receipt.requested,or any other form actual notice:is equivalent to'service;by first-class mail d ' 31 :; The .notice shall contain..a statement regarding the g 32 ; nature:of the hearing.to be.:held and any.change in the 33 . custody or status of the minor being recommended;by the _ .. , d ti 34 supervising agency The notice to the foster parent shall 35 indicate that-the foster:parent-may attend all hii earings ar f - 36 may submit any information he or she deemsrelevant.to 0 37 :the.court in writing 38 (c} At least 10_.calendar.days `prior to he hearing the P41-0,f dicer shall file a supplementatreport with the Ts10 c 40 , :_court regarding :the services provided or offered-to the )4 94. i AB '1544 -- 52 .' 1", parent or guardian to enable them.to assume custody and 2 the efforts made to achieve legal permanence for the 3 child if:efforts to reunif fail the: progress made, and, Y � . p , 4 where relevant, the.prognosis:for return of,the minor to 5 : the physical custody of his-or her'parent or guardian, and 6 make,his or her.recommendation for disposition. If the 7 recommendation is not to return the minor to a parent or 8 guardian, the report shall specify why the return of the 9 :minor would be detrimental to the minor,'The probation 10 officer`shall provide the parent�or guardian-with a copy 11 . of the report, including lis:or her: recommendation for 12 disposition, at Ieast 10 calendar days prior to ahe hearing. 13 Iri,the case of aminor removed from the physical custody' 14 of hi nor her parent or guardian;the probation officer shall 15 provide a:summary of'his or her 'recommendation for is ositio n �to the . counsel for the minor, : an 1fi . d ,p Y 1Tcourt-appointed child advocate; foster, parents, 18 community care`facility, or foster family agency having 19. the physical custody of the minor at least 10 calendar days 20 before'the hearing 21 (d) Prior to:. any hearing involving a= nor n the . 22 physical 1 custody: of a community care.facility or foster 23 family agency that may.result'in the return,of the minor 24to the physical custody.of-his or her parent=or guardian; 25 or in adoption or the'oreation of a legal guardians , ip, the 26 facilityor agency ;shall' file with the court a report 27 containing its recommendation; for disposition.`Prior to. n 28 . such a hearing involving a minor.in the physical custody 29 of a foster parent;the foster parent may file with the court 30: .a :report containing lus: or .her recommendation for 31 disposition:: The court shall,:,consider the report and 32 recommendation filed'pursuant to this subdivision:prior 33.'.:',t6,,determining any is =� ' 34 (e): At the review:.hearing held isix`months after. the. W, I r 35 initial ( $positional hearing; the e court 'shall. .order the 35 . return of the minor 11 o the physical eusto&y-bf his or. her 37 parent' or guardian unless. the court finds,: by a 38 re onderarice ;of the evidence, that the return of the 39 : minor :to his or:`her .parent-�or guardian would,.create �a 44 :Ysubstantial risk of detriment to the safety,.protection, or. , � 94 t _ t ­ 53 — AB 1544 1 'physical or ,emotional .well,beingof the minor. The he 2 probation officer shall have the burden ,of establishing .d, I A _3 that detriment _The failure'of the parent or guardian to to 4 participate ' regularly :in court-ordered treatment'- .id V 5. programs shall be.-prima facie evidence that return would ,ie ' 6 be detrimentaL.I In making its determination, the court or 7 shall review and consider the probation officer's report ie 8 and recommendations and the reportand )n 9 -recommendations of any ' child advocate appointed )y 10 pursuant to.Section 356.5; and hall consider the efforts or or. 11 progress; or both, dernoristrated by .`the parent or g. 12 .auardian and the extent to which he or.she 'cooperated . ly 13 and availed .hunself or herself of services provided. ill 14 Whether' or not. the.,minor,is:returned` to a parent 'or �r 1 guardian, p y the court"shall s eeif ` the factual�basis for.:its i1 conclusionfhat the return Y e would be detrimental or would _s' 17 not be detrimental. The court also shallmake:appropriate ig 18 findings pursuant to subdivision (a) of Section 366; and vs 19 where relevant, shall order any additional services 20 reasonably believed to facilitate the return of the minor le 21 ' to, the custody of his-or-her parent or..guardian. The court �r22 shall also inform M e'parent or guardian that if the minor )r 23 cannot:be returned Borne by .the next review hearing; a a, - 24 proceeding pursuant to Section 366.26 may be instituted te 25 ;This-section does notapply in a case where, pursuant to rt : 26 - Section .61.5',' the court, has ordered that reunification :0 27` services shall;no't'be provided. ly. 28 ,.If the. minor was under the age of three years on the rt 29. date of the initial removal and the court finds.by�clear and. �r 30 convincing evidence that.the parent failed to.participate .d -31 regularly:in_any-court-ordered treatment plan, the court )r r 32, ':mayachedule a hearing pursuant to Section 366.26_wthin 33 120 days. If, however,:the court finds there is a substantial e: 34 % probability that 'the minor, who was .under 'the age of" e P 35 '.:three years on the date of initial removal, may be !r 36 returned" to his; or': her. parent or. guardian within six a . 37 'months or that reasonable services., have not been e 38 `provided, the court shall continue the case a 39 If the minor was removed initially under subdivision r. Er i 40 -(g) of Section 300 and the court finds b clear and <> Y )4 94 ... AB 1544 54 1 convincing evidence_that the whereabouts of the parent ., 2 are still unknowm,or the parent has failed to contact and 3. . visit the minor, the_ court . .may schedule:; a _hearing 4 :pursuant to Section-366 26 ,wxthin 120 days. If the .court 5 finds by clear and convincing evidence that the parent,: 6 : has: been ..convicted of ,a felony indicating parental + 7 unfitness, the court may schedule a„hearing pursuant to 8 Section 366'►.26:within<120 days: 9 If:the minor had been placed under court supervision 10 with a previously.noncustodial parent pursuant to Section 11 :3612, the court shall determine whether supervision: is 12 ;:still:necessary, The court may, terminate supervision and 13 ` transfer:permanent custody to.that;parent, :as:provided 14 ; for by'paragraph (1} of subdiv ion >(a} of Section 3612. 15 In all other .cases; the court shall 'direct that any 16reunification services previously ordered shall continae 17 `to be offered to the p,at. n:t or guardian pursuant to the 18 time periods set forth=in subdivision {ay�of Section 361.5; 19 ; provided that :.the court- may, modify the terms and 20 conditions of:those services I f the rrunor is not returned 21 to his or her parent or guardian;the court;shall determine > 22 whether: reasonable .:Services have=.been provided or �i 23 ``: offeredo the parent or guardian which were designed to 24 aid She :parent or, guardian in overcoming the problems 25` .which led to the initial removal and the continued 26 custody of the minor.: The :court shall`:order;that those 27 services be initiated, continued, or terminated 28 {f) At the review I ear g held,12 months:"after the 29 initial dispositional hearing, the court shall" ,order the 30 return of the minor tQ the.physical custody,of his or.,tier . 31 parent or guardian unless the court 'finds ..-,,by a: preponderance:of the evidence, .that the return of the ' 4 33.; minor to his or her parent or' guardian would`.create a 3! 34 substantial risk of detriment to`the:safety,:protection :or 35 :.physical; or :ernational well=being of the �:'minor The 36 probation officer shall have the. burden of establishing ; 37 that detriment The court hall; also determine whether 38 . reasonable services have.been provided or offered:to the 39 . parent or guardian which-.were'designed to aid`the:parent 40 or. guardian to overcome he problems that led to the 94 f 1 t t Y 55 — AB 1544 cent ` . 1 ' 1 initial removal and continued custody of the minor. The and 2 failure of the parent or guardian to participate regularly F "mg 3 in court=ordered treatment programs shall be.prima facie curt , 4 evidence that return would be detrimental. In making its . -ent~ 5 determination, the court shall review. and :consider ;the ntal : � - 6. .probation officer's report and recommendations and the t to 7 report and' recommendations of :any child advocate 8 appointed pursuant to Section 356.5; shall consider the pion 9 efforts or progress, or both, 'demonstrated by the parent don 10 or guarchan and. the'extent t6 which he or; she availed n is 11 . . himself-or herself of=services provided',• .and shall make-.: _ 12appropriate findings pursuant to . subdivision (a) -0f; Sed 13 Section 366 :Whether'-' not the minorls returned to his 1.2. 14 or. her-parent or, guardian, th'e court ,shall; specify the IF y 15 factual basis for its.decision. If-the minor is 'not returned nie 16 to a parent or guardian, the court shall specify the factual the 17 basis for its conclusion :that the return' would be. ►1'.5; 18.' 'detrimental.The court-also shall make a finding pursuant and 19to-stf vision (a) of`S .6tion 366. .tied 20 (g} If the time period, in which the court-ordered ane D '.2L ,sefyiceswere .provi' d has met or. exceeded the time or 22 period set forth in paragraph (1)-or (2):of subdivision (a) d fo 23 of:�Section :361.5, -as appropriate; .and a minor i . . not :ms 24 returned to the.custody of a parent or guardian at he aed 25' hearing-held pursuant to subdivision (f), the court shall Lose 26 do:one of the.following: 27 (1) Continue`the case.for up to six months for another the ' 28t reviewhearing; provided.,that. the hearing;shall occur the 29 within 18!-m. onths of he date the minor was ,originally her : 30: taken from the.physical ,custody.of his:or her parent or ' a 1 31 guardian The.court shall continue the case only if it finds the 32 that;there is`a substantial:probability that the".minor will . :e.a: 33 be returned o .the physical custody of his or her parent ! .- .. Olt. 34 or.guardian:�wthm siX months or that reasonableservices The 35 : have not been provided to the.parent`or guardian:- The ;mgPi j 36, court shall inform thepa1.rent or guardian that if the minor her; 37. cannot be returned home;by the next review. hearing, a the + 38 permanent;plan`shall`:be developed at that hearing ,The �ent E, 39 court. shall not order 'that;a-hearing pursuant to:Section: the ' 40' : 366.26` be held `unless there is :clear : and convincing � - 94.._ 94 . -.s'4`: )...Y,..i;ti'.,i.,u.0".J-++. .u..aes._^...ai+:uu...a`L',YF+:a..Y1Sr+'1.TL'arr�'90Fsdc."S..sYs9_4uz.+kwrs. "", 4i•II f2`g;.:nJaf3s t ','y+3s'�vsaa.Ls.:•.:bw_rMK.-.r...w.. „.. AB 1544 — 56.— evidence 56.evidence that reasonable services have been provided or 2 offered to the arent or ardian i p �. , 3 2} tJrder that' he minor remain m long term foster ; care; if the court finds`by clear and convincing evidence; 5 based upon the evidence already presented to it, that the 6 minor is not a proper abject for adoption and has no one 7 :'.villin to acee t 'le a1_: uardianshi �1 g p g g p : L 8 (3) {Jrder ;that: a: hearing .be held within 120 days, �' 9. pursuant toectz©n 366 26,%f there is clear.and convincing evidence that reasonable services have been provided or 11 offered to the parents eke Arm 12 plaeed that, 640b.le adopt ' ` ��► n 14 of sha=;' he deted �tr�ei e e LL 15eee `: 'vdence of axe ; ,or all vf: the _. Y, 16 :,f6 llowing circumstances shall not-be deemer a failure`to 17 -:pr"avlde or offer reasonable sercnces #i. 18 (A) The c. has been placed with a fosferfarn ly that 19 Is eligile to adopt a child, or has been placed irl a 20 preadoptsve.hore 21 8) The ease plan mcludes-services to achieve legal 22 permanence for the child if efforts to reunify fail. 23 (C) .Services fo achieve legal permanence ;for ;the 24 child. if efforts to�reungyfazl, are provided concurrently k 25 w h services:to reunify the famrly 26 (h) In any case m which he court ordibmthat a hearing 27 pursuant to Section 36fi 2fi:shall be.held;It-shall.also order 28 the aermination of re cation services to the parent. 29;' 'Th court shall contin.ue.to pernut the parent to.visit 30, ; minor pending the:hearing;unTess it finds that visitation 31 _ would be detrunental to the minor Whenever a court orders that a hearing pursuant to 33 Sectlon� 366.26 call be held; it shall direct :the agency ~ 34 supervising the child-.and;:thelieensed county adoption '7 35 agency, or the State D"epartment of Social Services when 36 . �t ss acting as an adoption agency n counties whxcn are not 37 served, by .a county 'adoption' agency; to prepare an 38 assessment regardu�g{the likelihood that the riinor will be 39 adopted if parental rights are terr=4 eAT lie assessment 40 shall melude . s4 ry i`. hF%w• > syn_ 57 = AB :1544 r 1 (1) Current.,.search efforts for an absent parent or ed or 2 parents.. bster , � � 3 (2) A review of the amount of and` nature of any 4 contact,between the minor and his or her parents since snce, 5 the .time of placement.. It the 5 evaluation of the minor's . medical; a.one 7 developmental, scholastic; mental, and emotional.:atatus . days, 8 and .an- analysis of whether any of -the minor's 9 characteristics would make It'.difficult to find a person g 10 wlling to adopt the minor ed or ' 11 4 :.A relmmar assessment of: the eh' bili { } p y g' tY 44. 11 1. 12 commitment of any identified prospectie :;adoptive '� 13 parent or guardian;particularly the caretaker; to include; 14. asocial history--including screening for crim' 'incl records: 15 and: prior referrals for. .ehild ` abuse or­.. the e , 16 capability to meet the minors needs, and the Ire to . 17 understanding: of ahe legal and financial rights and `18 . resp6iisibilities of-11. on aril guardianship. that 1. 19 (5} The relationship :of the minor to any identified hn JR 2U prospecfive' adoptive parent;or .guardian,: the :duration z 021 and character: of the -relationship, the motivation far legal 22 :see ,adoption ,or:guardianship, and a:statement from -the' 23 the rninor concerning placement ,and the adoption or 24 guardianship, unless the minors age ' or physical,. eptly ,�" ..25 emotional; or other condition precludes . his or her 26 -:meaningful response, and if so a description of the acing 27 condition girder ,28 �I) Thissecton shall apply to rnnors:made dependents +xent ' 29 of the court pursuant to subdivision .{c) of Section 360 on It the 30 or after January 1, 1989: ration 31 (k)' This section, shall remain in :effect only until :. t I 32 January 1, 1999a and.as of that date is jrepealed unless a:; int fo 33 later. ;enacted statute, which is .enacted ,on :or, be f ore ;enc . 4 y deletes or extends that date Y Januar 1, 1999, ption 35 when 36 SEG 21. Section 366 21 of the Welfare and Institutions, e not 37 Code; ,as amended by Section 7:9:of.Chapter 1084 of the e 'an 38 Statutes of 1996 is amended o read >ill be � , . , :21 :(a) Every hearuag conducted by the,�uvenile � - mentL. 40 court:reviewing the status of a dependent child.shall be 94 � 94 1. - AB 1544 — 58 —'' , 1 ' laced on thea ear t p pp ance calendar:'The court shall advise 2 all persons present at the hearing of the.date.of the future 3 hearing and of their right to be present`and represented 4�: by counsel: 5 (b) Except as .provided in Section 366.23 and ,i 6 subdivision (a) of Section 366.3,notice of the hearing shall mailed by,the probation officer to the same persons as XIIIN 8 in the original proceeding; tca the minor's parent or 9 guardian, to.the foster parents, community care"facility, 10 or foster..family agency, Navin h sical custod of tthe gp y y 11 : minor`in. the.case of a.rninor removed from the 11 -. 12 : custody. of .his i her parent car: guardian, :and to he 13 coon el`of record'if the counsel of.record was not:present 14 at he time, that the`hearing vvas set by:the court; by 15 .. first-class.mal addressed to the;iast known address of the 16 person:to be notified; or shall be. personally; served on z AT. those persons, not,earlier than 30:days nor later than 15 18 days preceding `the date: to whcB the hearing was 19; , continued. Service o. a copy:of the.notice personally or by 20 : certified mail return receiptrequested or any other form 21 of actual notice is equivalent-to service.by'hrst crass mail 22 : . .The; notice shall contain a .-statementregarding ` he 23 : nature of the Bearing to be�held .and any change in the 24 custody-:or status'of the minor being:recommended by the , 25` supervising agency The notice to the foster parent shalt ' 2fi:; indicate'that:ahe=fosterparent may attend.all hearings or 27 may submit any information he or she deems relevant to 28 . the court in writing 29. (c).. At least 10 calendar 'days prior.to the hearing the 30: probation ofaicer shall-file a supplemental report with the 31 court regarding :the services provided or, offered to the 32 parent or guardian to`ena 16.them to assume custody and 33; the: efforts .41e ,to;,achieve legal:permanence for the 34 child if efforts to reunify fail, the progress 'made, "and, 35 : where relevant the prognosis for return of the minor to 36 the physical:custody of his or her parent or guardian; and 37` make his or. her recommendation for disposition. If he 38 recommendation is not to.return the minor--..to,a-,parent or 39 guardian; the report shall specify why.the return of'the 46minor would be detrimental to the minor. Theprobation. 94 r 59 AB 1544 3vise 1 officer shall provide the parent:or guardian with a copy iture2 of the report, .including his or her. recommendation for anted 3 disposition, at least 10 calendar da s rior to the hearing. . w Y P g� 4 In the ease o..a minor removed from the physical custody 5 of his or her:parent or guardian, p and the robation officer shall shall 6 provide a summary of his or her recommendation for ►ns-as 7 disposition` to': the : counsel for the minor, any it" or g court-appointed child : advocate, foster parents, :ility, 9 community: care ac hty, or foster family agency having f the 10 the pliysical custody of the minor at least l0calendar days "sical::, - 11 before the`hearing i the 12 (d) Prior to any ,hearing involving a minor the sent' 13 physical custody of 'a community:care facility or foster: t .b . Y 14 family:agency that may result in the return;of the minor )f the . 15 to he physical custody of his or her parent or guardian, �d on 16 or'in ado ;tion or the'creation of ale al uardianshi the P g g p' in 15 . 17 facility or agency shall file:' .with the court a report was 18 containing its recommendation for .disposition Prior to or by : 19 such a hearing involving a minorain the physical custody orm '20,,, of a.10'8 orparent, the foster parentmay file with the court mail 2i a report containing its recommendation` for disposition. the 22. The court shall consider the report and recommendation ,1. the 23 filed pursuant to this ubdivison prior to determining any •y the 24 disposition. shall : 25 (e) At (the review hearing held six months`after the ,gs or., 26 initial dispostionaI hearing, .the :court shall order; the t to 27 return of the minor to the._: custody of his or her pi 28 parent or guardian unless the court Afinds, by the 20 , '%preponderance .of the evidence,,°that he return o . the h the 30 minor to his or:her parent or guardian would `create a o the 31 substantiate risof detriment to the safety -,protection or Y and 32 physical or emotional well-being of =the minor.• :The. r .the 33 probation officer shallhave:the burden of establishing and, �{ 34 that detriment The failure of the parent or guardian• to cor to ;: 35 participate regularly ;` iri court-ordered treatment and rograms shall be prima facie evidence that return would .f the `37 be. defrimental In.makzrig its determination, the court ;n or 3 38 shall review and consider the probation officer's report �f ahe ` 3 " and recomrriendations and the report and �ation `� 40 recommendations or any child °advocate appointed 94 94 . AB 1544 — 60 - 1 0-1 pursuant to Section 356.5; and shall consider the efforts or 2 . progress; or both, demonstrated by the parent or 3 : guardian' and the: extent to which he or she 'availed 4 himself or herself of-services,.provided. ,Whether or not 5 the.minor is returned to a parent or guardian;,the court 6+ shall specify -the factual basis for its:.conclusion that the 7 return would be detrimental orwould not be' 8 detrimental.' The' court' also shall': make appropriate 9 , findings pursuant ao subdivision (a) of Section 366;. and 10 " where ;relevant, ;shall order: any additional services 11 . reasonably .believed to`.facilitate the'return of the minor 12 to.�the custQdy of his or her'parent or guardian: The court 13 'shall also inform the parent or.guardian'that if the.minor 14 cannot'be.returned home by_ e next review hearing, a 15 proceeding pursuant to Section 36626 maybe instituted 16 " This section does.not apply,m a.-case where, pursuant to 17, Section 361:5, the court has ordered that reunification 18:'. services shall not'be provided. 19 ;: If the minor was under the age of three years b the 26 date of the initial removal and the court finds by clear and 21 convincing evidence,that the parent failed to participate 22 regularly in any court-ordered treatment plan, the court 23 may schedule a hear' gpursuant to Section'366 26 within ' 24 120 days. If, however,the court finds there is asubstantial 25 robabilit that the minor; who was under the age of probability: g . { 26 three years 'on .the date of initial 'removal, may' be 27 returned to. his or, her parent or :guardian' within six : k 28 months ;or . that .reasonable services . have not been 29 : provided; the court shall continue he case . 30 If>the-minor was. removed initially under'sub ; vision of Section ;300 and the court. finds by clear and :.32 convincing evidence.;that the whereabouof ts 'the parent 33 `; are till unknown; or theparent has failed to,contact and 34 visit the minor, the court ma schedule a hearin y g , 35' ` pursuant to Section 366.26 within ,120 days. If the court. 36 finds by clear and;convincing.evidence 'that he ;parent 37 ; has been :convicted:, of. a : felony indicating parental 38 , unfitness; the court may schedule a:hearing pursuant°to 39 Section:366.26 within 120 days K 94 s. :. . 61.- AB 1544 or 1 If the minor had been placed under court supervision Or 2 with a previously noncustodiaTparent pursuant to Section led 3 361.2, the court shall determine whether supervision is not 4 , stirs necessary. The,lcourt may terminate supervision and urt 5 transfer:permanent custody to'"that parent, as,e prov." ded the f 6 . for`by paragraph. (1) of subdivision (a) of Section 361.2:. be 7 In all other cases, the. court. shall direct =that any ate ;' �: (` ' 8 reunification servicespreviously ordered shall continue and f! 9 to be offered to:the parent or guardian pursuant to the ces I 10: . time periods setforth m subdivision (a) of Section 361.5 Zor 11 : provided that :th& court may modify the terms ;and urt. .. :- 12 conditions of those' ervices. aor , 13 If the minor is not returned to' his or her parent or Y;:,a 14 griardian; the court shall determine=whether reasonable ed 15 services have beenprovided or offered to the,parent or _ to 16 guardian which'-were designed' to aid . the "parent or ion 17: guardian in overcoming:the problems which led: to the 18 initial removal. and the continued custody of the minor. the : 19; The ,court shall..order that those services be initiated, ' Axid 20 continued, or terminated: ., ate 21 (f) At the review .hearing :held 12 months after the urt 22 initial dispostional ;hearing, ahe court shall order:the 23; return-of the minor to thephysical custody,of his or`her tial 24 iparent. : or.., guardian unless the ': court; finds, by a' of A 25 preponderance Of,'the evidence; that the return of the be 26' minor to his or, her. parent or guardian 'would"create a six 27.: substantial:risk of.detriment to the safety, Protection; or yen 28 physical or` �e ' otional well-being of, the minor. The 29 probation officer shall have the :burden of establishing ion 30 that detriment. The failure of the parent_`or guardian to gid` 31 . participate regularly in court-ordered . .treatment` ant. 32` :.programs shall be prima facie evidence that return would Md 33' be°detrimental::In;making its..determination, ahe court g - 34- shall review and'consider::the probation officer's ,report urt 35 .n , and the report , and an t 36 recommendations of .any child advocate appointed: rtal .37'' pursuant to Section 356.5; :shall consider. the efforts or t to ; 38 progress, or both, demonstrated by the -Parent' or. 39 guardian and the' extent: to which he or- she availed: himself or herself of,services provided; and, shall make 94 94: 4 ... .. _...i12... . ................... ... _______- --•- . ._-__ -__- I, AB 1544 -- 62' appropriate findings pursuant to subdivision (a) of l 2 Section 366..Whether or not the minor-is returned to his 3 or: her pa at br guardian' the, court shall :specify the 4 factual basis for its decision: If the minor is not returned 5 to a parent'or;:guardian; the,:court shall specify he factual ' 6 basis`` for its :- conclusion ' that the ' return would be '.. ::,7 detrimental. The court also shall'make a finding pursuant subdivision" (a); of Section.366. 9 (g) If he Gime period `in which the court-ordered 3. 10 services :were` provided has -met or exceeded the ime 11 periods"et forth in paragraph (l).`or (2) of subdivision (a) 12 of Section' 3615, :;'as ,appropriate, sand .a minor .is not 13 returned to the custody of a :parent or guardian at the hearing held pursuant'`to subdivision (f) the ;cou1 .rt shall 15 do one of the:following `16 (1) Continue the case for up;to six months for another 17 review hearing, provided Ghat the hearing `shall occur . 18 :within 18, months'of the-date the minor Was originally 19 Taken from:the physical custody of.his or :her parent or, ; 20 ;guardian: The court shall.continue the case only if it finds M . that here is. a substantial probability that the minor will I 22 . be:returned to the physical custody of his-or!: er parent 23. or guardian.within six:months or that reasonable services 24 : have not been provided to.the parent or guardian The 25' court shall inform`the pArent or`guardlan that if the minor. t �� 26 cannot be returned home by the next review hearing, a { 27 permanent`plan:shall be developed`-at fiat hearing. The. 28 court shall not order hat a hearing pursuant' to Section 29 366:26 be: .held unless there is clear :and convincing 30 evidence that,reasonable services have been provided or 31 offered o the parent or guardian 32 (2) Order: hat the=minor,remain in long=term' foster 33.: care: �f the"court;finds.by clear and convincing evidence, ` 341`based upon the evidence already presented to it, that the minor is not a--pr er ub ect f or ado tion and'has no one 35 P p J : p 36 ;:willing to accept egal'guardianship : 37 . (3) Order ; hat a hearing: be :held within 120 days, 38: pursuanfto Section 366'26,< f there is.clear and'conv ncing 39 evidence that reasonable services'have-been provided'ar. 40 offered to the`parents: E�z nee . e"axe. been, t t: 14 _ 63 — AB. 1544 of t ; 1 . p €esc a gee to adopt i pis 2 e has �► eec in and le 3 e€}tom net be deems a €a��ee er ever ,d 4 4 -ea = 4 .al 5 Evidence of-any or all of the following 1 circumstances �e ' 6 shall not be deemed a failure to :provide or offer 7 reasonable services., , ' 8. . (A) . The child has been placed with a fosterfamilythat ;d 9 is eligible :to. adopt; a child,: or has been placed in' 'a 10 reado five home. ie ? p ,The.case plan includes services to achieve legal 12r permanence for the child if efforts to`reunify fail le 13 (C) Services ;to achieve legal permanence for. the 14 child, if efforts to reunlfy:fal, are provided:concurrently" 15 with services to reunify the family whi`chthe,couri orders.that ahearing 17 ursuaht to Section 366.26 shall be Beld,rit shall aYso order �r . p 1 18 the termination of.reunification services to the parent::. Y �r 19 The court shall continue to permit the parent to visit tBe Is 20' minor pending.the: hearing unless it finds that visitation 21 would be detrimental to he minor. ill 22_ i Whenever a court orders.that a Bearin ursuant to �t � ) g p vs 23. ,Section 366.26 :shall be held; it shall direct the, agency le _ 24 supervising the minor and the licensed county adoption 25agency; or.the State Department of Social Services.who' 26 itis actin as an ado tion a enc '' in countieswhich are not: a - g p .� g. Y 27 served b a count ado tion agency to prepare an ie Y Y p g Yp p ,n 28­ which shall include: 29, (1) Current sear�g ch':efforts-, for an absent : parent or �r 30 parents. 31 (2)..' A review of the -amount of and nature of any ,r 32 . contact between the .minor and his .or:her parents since e, 33: the time,of placement �e. 34; (3). 'An evaluation of the minor's medical, �e ,, 35' developmental; scholastic, mental, and emotional status. 36 4),'.A preliminary assessment of the eligibilityand 37 .coinmitrnent of. 'any identified prospective adoptive S' 38 r parent or guardian, particularly.the caretaker, to include. g ' 39 asocial his includin screenin for criminal`records �r y g g 40 and prior referrals; for child abuse or neglect; the 94 94 . . AB 15.44 - 64 1 capability to meet the minor's needs, and the 2 ,understanding of the.. legal . and financial rights and 3 responsibilities of adoption sand guardianship A 4 (5) The relationship of the minor to .any.,identified 5 prospective adoptive parent or guardian; the` duration ` 6 and character of . he relationship, .the motivation, for 7 seeking adoption or guarclia:nship, and a statement from } 8 the minor_ concerning placement and the adoption or 9 guardianship, : unless. the ; 'minor'�Sor physical, 1.0 emotional;' or other condition. precludes lus..:or her 11 meaningful response, and ,if so a :description :of the 12 condition , 13 (6) An:analysis of the likelihood that the minor will be 14 adopted if parental rights are terminated ;� 15 (�) , This section shall apply to minors made dependents 16 of.the court pursuant to`subdivision :(c) :of Secon 360 on ti 17 - or after anuar 1 ° 1989. J y ' h . This .section:,shall.:'become operative January 1, 19 1999.: 20 EG : 21. S. 22. Section 366:23 of the Welfare and Institutions 22 Code is amended to read �= 23 366.23 :, : : a) Whenever a juvenile: court schedules a 24 hearin ursuant to Section 366.26 re� arding:a minor it 1 g p g t<�( 25 shall :direct that the fathers, presumed and alleged, and 26 mother of the minor, the minor,if l0 years of age or older, 27, .:and any counsel of record,shall be;notified of the time and 28 place of':the roceedin s and advised that--a .:the ma P gY Y 29 appear. The notice shall also advise'thern'of the right to 30 counsel, the 'nature of the proceedings, Iand :of the 31, requirement that at the:proceedings the court shallaelect 32 and implement a `lan of ado tion, a al uardianshi , or, P p g g .p 33 lon -term foster care for the minor; In.all cases where:a g 34 parent, has relinquished his or her child for the purpose x f 35 of adoption, no,..notice. need be: .given to that .:parent. 36 Service of the notice shall be completed:at least 45 days . 37 n before the date of the hearing; except `in. those cases 38 where notice by publication rs ordered in:which case the _ a 39 service of. he notice shall be completed at least 30 days 40 before% the-:'date of the hearing: 'If the .petitioner ` is -� . 94 }1 n a _ 65 — AR 1544 t` 1 recommendin termination of arental rights, notice of g.:, p g , " 2 this recommendation, .shall be . either included in the 3' , notice`.of'a hearing scheduled pursuant to Section 366.26 r 4 and ` served within' the =time period `specified in this ; 5 subdivision or:provided`.by separate notice,to all persons 6 . entitled to receive notice by first Class mail at least l5 days 7 before the:scheduled hearing. 8 b Notice to the.parent of the hearin m be even O g ay. given any;of:'the following manners: F 10 (1) Personal service to the parent named in the notice; Delivery-to a competent =person who is'at least 18 12 years of age at ahe parent's .usual place of residence or 13 business, and thereaA& mailed to the: parent named in. 14 .the notice by,:first-class mail at the place where the notice . 15 was'dehv.ered. := .the.place of residence is outside the state; service s 17 maybe made in the manner prescribed in paragraph (1) 18 or :-(2),`:-or,by certified mail, return receipt requested. - 0 (4) If the recommendation of he petitioner is limited r: 20 to: legal guardianship or long-term fosfer care; service 21 may be madeby. first-class mail to the parent's usual place 22 of residence or business. 23 (5) ;If the father or mother of the minor or any person i 24 alleged to :be or claiming to be the father::,,or'.mother 25 cannot; with reasonable diligence;be served,asprovided Y . .26 'for.in, ara rah 1 2 3 or 4 or if his.or>her lace P gP OOO _f ) P }° 27 of residence is not known, the.probation officer`shall file 28 ari affidavit`with the court:at least 75 days before the;date 29 ofahe hearing,atating the name of the father or. mother 30 or alleged father or mother: and hi's or her place of 3.1 :residence; if known; settin g forth:the efforts what have P 32 been:made to locate-:and serve the anent 33 . f (A) If the court:determines .:that,there:has :'beeri=due 34 diligence iri attempting to locate:and serve-,tlie parent 35 and .1.the petitioner limits the recommendation"to legal - 36 guardianship or,aong term -foster` care, the court shall 37 : order::that notice be iveri :to the g grandparents of the`. 3'8 minor,, if here: are; any and if their residences and` 39 relationships to he moor are known, by. first class mail:` 40 of:the:time and place of:the proceedings and that'they 9.4 ::L.t........,. "L'.L'vi...+Gf '•L.uLLi ..L...,5. L.-. - -.. AB 1544 - 66 - - ma 66 - 1 - maa y ppear. In ,any any case where the residence of the r 2 parent or alleged parent.becomes .known; notice shall 3 immediately be served upon the parent or"alleged parent 4i, asset forth in paragraph 5 (B) If the: court�determines. that there has been due 6- diligence in.'attempting to locate and serve the parent I 7 <and the petitioner does not:limit the recommendation oto 8 `°le al uardianshi or Mon term foster: care, t :. g g p: g`: the court 1 : 9 Shall or ... that service to the parent'be by certified mail; j 10 return receipt , requested, to. thee parent's :counsel . of 11record, if.;any;; If.;the:parent does not have' counsel::of I 12 record, the court shall order.:%that the ervice be made by 13 publication ofa citation requiring the father or mother', 14 or alleged.father or mother, to appear at the:`time and 15 place. stated in:. .:the.. citation, and:. that the.,.citation be 16 published:in a newspaper designated as most likely to 17give notice to,the father:or mother. Publication shall be 18 made'once a week,for,four` uccessive weeks. In case of a 19 service to A parent by certified mail .on the counsel of 20 record or publication where`_the residence of a;:parent or 21 alleged parent becomes,known, notice shall immediately 22 be served upon the.:parent or:alleged parent as.set forth } - 23 in paragraph When service, o the.parent 24 by certified mail on the counsel of record or publication 25 is ordered, service of a copy:of the notice in the manner ' 26 provided for.in paragraph (1), ,(2),.or';(3) 'is equivalent to 27. service by certified. mail on :the counsel o£.:record or 28 publication ;Irl any;;case. where service to-:the parent by . certified.mail .on the counsel of record or publication is 30 ordered the court shall also order that-notice be,given to 31 he grandparents o A e minor,if there are any and if their 32 residences=and relationships: o the,minor-are known, by 33 first class.mail`,of the time..and place ;of the proceedings 34 and that they may appear 35 If.the;identity of,one,or both of the parents.or.alleged : { 36 parents of>the:rumor is unknown or if the nameof:either 37 or both of his or her parents °or alleged parents is { 38 uncertain, then that fact shall be;set fort h:in the affidavit , 39 anI d_the court, if ordering ,publication, shall order the 40 ,published citation to be directed to,either..the father or 94 µ— 67 AB` 1544 1 the mother, .or-,both, ofthe' minor, and to all persons 2 claiming to be the:father or mother of the minor naming r 3: and otherwise describing the minor. 'Personal service of 4 :a copy of the notice or any:other.form of actual notice to. 5 . counsel of record is the`equivalent:of service to counsel 6 of.record h 'Y: cert fied'mail ret r urn eceipt requested. >� 7. (6) : Notwithsta.nduzg paragraphs (1) to (5), inclusive, t, . 4 8 if the..parent is,present at the hearing at which the court 9 schedules a hearing pursuant to Section 366.26 regarding 10 the;rumor, the court-shall advise the parent of the:time 11 - an :place of the proceedings, their right to -counsel,`the , 12 :,nature of the.procee - gs; and of the requirementthat at 13 he proceedings he court:aelect and implement &P an 14 `adoption, legal guardianship; or. long-term foster care for 15,1 the=minds.'The court shall order the parent to appear .for: 16 the ; roceedn s and then direct. that the ; agent be P g p ` R 17 ..:noticed thereafter b.yfirst-class mail-to the parent's usual 18 ,;place of residence or.business only. 19 (7) :Notwithstanding paragraphs (1) to (5), inclusive; ;., 20 whenever the whereabouts of'a parent is: not krriown at 21: the :"time. :'the court schedules:: a hearing pursuant to 22 Section 366.26 regarding a minor, and the petitioner ; resents to the court an affid p avit setting forth the 23name 24 of ,the parent and the efforts that have been, made to 25 .locate the parent;the`court shall order that the notice for # 26 ...,the parent be. as set forth,in subparagraph (A) or (B) of 27. -'paragraph 5 � . (, ) r 28 (c) Notice to the minor; if 10 years of age or,older of 29 'the hearing shallbe by first-class.mail. z 30 (d) Service is deemed complete at the time the notice 31 is:personally:delivered to'the party named in'the'notice, s 32 or 10 days after the not ce`'has been placed in the mail, or ijw 33 at the expiration of the time-prescribed by the order for s t t 34 publication, :"whichever occurs first. : Notwithstanding 35 subdivision (a), if`the counsel of record:is present at the time' that .the court schedules a hearin ursuant `to g p 37 Section 366 26 no,further:notice to the counsel of record 38 . shall- be required, except to .: notice counselof ' a Ik 39 `-`recommendation to terminate parental rightsas:set forth � y 94 AR 1544 -- 1 in subdivision (a) or as required by subparagraph (B) of 2 paragraph (5) of subdivision. (b)., y • 3' (e) Not" thstanding subdivisions: {a) and (b) of this 4 section and Section 7666 of the Family_ Code, the juvenile 5 court ,shall order that n o notice of�the' hearing under 6 Section 366.26 be provided.to.all of the following: I . 7 (1) A mother' or ,presumed . father, who has. 8 � relinquished the child'io.the State Department of Social r ! 9 Seruices-or ,.to a licensed adaption agency for.adoption, 10 :and,the�reIih' shment has been accepted and filed with l I notice as required undor Section 8700::of the Family Code. 12alleged father wha hasbeen served:as provided 13 in Section 316:2 and who has faired both:to appear in the 1 14 dependency proceedin and'.to : bring an .action to 15 declare ahe parent and child.relationship under Section' lfi :'7630'or 7631- of;the Family Code: L 17 {3} An: alleged, or biological father who: has denied >18 paternity and'has executed Section 1 of'Judicial Council :19 :form Paternity Waiver,of'Rights (JV 505) waiving notice 20.. of further hearings 21 (4) Ari alleged or, biological father who has 22 relinquished the child to the department:or to a licensed 23 adoption agency.`for adoption, and the relinquishment 24 :has been accepted anal filed with':notice as required under. 2 Section 5 echo 87004. the Family Code.:. (5) An Alleged" father whose identit 2fi g, _ y car name is 27 uncertain, and the eoi*rt :finds by clear .,and convincing 28 evidence that there has`been due diligence in attempting 29,: to identify and locate him; 30 (fi) :An- alleged father,: >whose whereabouts. are 31 ';unknown; and the court finds by dear and convincing 32 evidence:that.:there has been due dill ence in attempting,, g p g 33 to�locate him.: 34 35 SEC.23. . Section 366 26 of the:Welfare`and Institutions 36 Code is amended'to read:, rt 37 366 26 (a) This section :applies to minors vi�ho are; 38 adjudged:` dependent childre1 .n of :the juvenile'. :court 39 pursuant to subdivi ion .(c) of Section:360 on- or after 40 January 1, 1989.,The procedures specified herein: are the 94 69'— AB 1544 1 exclusive procedures for conducting these hearings; Part 2 2 (commencing with Section 3020) of Division 8 of the 3. ,,.-Family Code is :not; applicable to these.:proceedings. 4Section :.8714 7 of ,the :Family Code is:. applicable :and 5 available fo all dependent children meeting the: .6 .=requirements of that .section. : For minors who are 7 adjudged dependent ..children of the juvenile court 8s. pursuant to .subdivision `(c) .of Section 36.0.., ' n or. after 9 January 1,:1989,.this section and Sections:8604, 8605,8606, 10 and 8700 of the Family Code and:Chapter 5 (commencing > 11 with Section`7660) of;Part=:3 •of-Div- of the Family Code specify the;exclusive procedures for permanently : 13 termiriating;parentalrigU- ith regard to,or establishing 14 legal guardianship of the minora while the: minor ma 15 dependent 6hild of the juvenile.court. A 16 . b) At the hearing, which shall be ;held in tjuvenile 17 court for allminors.who,:are:dependentsof the juvenile 18.::court, the court, in order to provide table, .permanent r 19 homes for_ these minors, shallreview the report a. 20 specified in Section 361:5, 366.21, or 366.22, shall indicate s21 ;that the'court .has read and considered it; shall.receive 22 ' ;other evidence that the parties present, : 23 � # :`eke : er fe to 2.4 a eept geed 25 s�e�r-yes s��eee #-he elm.Welare ease } 26. :and then shall do ori of_the.followin g 27 (1) Permanently terminate the.rights of the parent or 28 .parents and order that;the minor be laced:for ado tion g p _ . . P . p . 29 and; upon the film of a etition for.: adoption' in the 30 . uvenile court, order that a hearing be set..The court shall J g 31 proceed with the adoption. after the appellate. rights of ., 32 ,the,natural parents have been exhausted. 33 2 Without ermanentl :terminatin arental rig hts : O p' Y g p g , 34 identify,:adoption as he permanent`placement goal and ` 1 35 order that ;efforts be made to locate an .a ro riate PP . I? 36 .adoptive family for the minor within a period not to 37 exceed`90.days 38 : (3) without permanently terminating parental rights, r 39 appoint a legal:guardian for the:minor and issue letters:of 40 guardianship. ;�` 94 70 AB 1544 -- Qrder hat;the:minor be.placed in long-term foster ' 2 ' care sub eet..to the re ar review of.the 'uvenile court. J J . 3 In choosin anion the above alternatives the court 4 shall proceed pursuant to subdivision (c) { . 5,: (c} At ahe hearing the court hall proceed pursuant to one of the followin r cedures:_ {. 6 g P o . . T. (1) The.court shallterminate parental rights only i f it 8 determines by ,clear and `convincing evidence that it is 9 likely ;that the minor will be adopted based upon the �' 10 assessment made;pursuant to :subdivision (i} of Section 11 .366.21or=subdivision (b} of Secti If`the court so 12 deter�rrunes, the dings pursuant to subdivision (b} or p , 13. ;:paragraph (1} of subdivision {e) of Section 3615 `that 14 reunification services shall not be offered, or the'findings j 15 pursuant to : ubdivision ( } of Section 366.23 that the ;. 16. whereabouts of `a.. parent have been. unknown .for six y 17. months:'or that the parent has failed'to visit or contact he { 18: minor :for six months. or that the parent has been r 19 convicted of-a" felony indicating parerxt9 unfitness, or 20 pursuant to;Section;366:21 or,365:22 that a minor cannot 21 or should not:be return an , his'or her parent or guardian, 22: shall then constitute a sufficient Basis for terminatioiii of 23 parental righ11 ts unless the court finds "that==termination ` 24 would be detrinierital to the minor due to one`` of the 25 .following Circumstances. 26 A The arents or: uardians have maintained re filar t. } gip: 8 g 2-7 visitation and contact with the minor ,or an the minor 28 wouldbenefi t from continuinthewrelatorrshi g: p 20B} A manor :12 years of age-,.:.or older ob,�ects to { 30 termination�of parental rights 31 (C} The minor is placed m a residential treatment 32 fac', ,ty, adoption is urililCely or undesirable, and 33 eontMuation'of�parental rights will:not`prevent'finding 34 the child a permanent family tplacement if the parents;. 35 cannot resume cu Cody when residential care is no longer 36 needed.. 8T ,(D) The minor is living with a relative or foster parent 38,:` ,w o is.unable or unwilling o:adopt;theminor because of 39 exceptional circumstances which' do,ho ".:melude ;an { 40 unwillingness to accept legal or financial responsibility y 94 " AB 1544 1 for the minor who is willing and capable of providing 2 the minor w ffi a stable and permanent environment and 3 the removal of the minor from the.physical custody of his 4 or her relative or foster parent would be detrunental to - 5" theemotional well-being of the minor.This subparagraph 6 does :not apply to, any.. minor; who s' living with a j tA 7 nonrelative and who is either (i) under six years of age or r . 8 (fi) ;a member of a sibling group whereat least one .minor 9 is.under:six years of age and the.siblings are;or should be, 10 permanently placed ;together: The court=shall-not-.terminate parental rights if at. 12 each and every hearing at which the court .was'required 13 to. considerreasonable efforts or services, the court. has 14 found that.;reasonable :efforts were,: not made or 'what reasonable services were not offered or-provided. 16 (3) If. the` court .finds that termination;`of' pwrental 17 rights would not _be detrimental to the minor pursuant to 18' paragraph (1) and that the minor has a probability for 19, adoption but is.difficulf: to place` for:adoption and here 20 are: no ..-prospective ''adoptive . homes °available to the s 21; minor;'the court may identify adoption as the permanent 22 placement goal and without terminating parental rights,' 23' order that .efforts be. made o locate an appropriate 24" adoptive=family for the,,minor fora period not to exceed 25 90 days-.' During' this 90-da eriod, .the ublic. age nc Y .p pY s 26 responsible for`seeking adoptive parents, for, each minor 27 shall, to. the; extent ossible, contact other,private and 28 public adoption,agencies regarding the availability,of the 29'`..minor for adoption .During the 90.day period, the public 30 agency shall conduct the`search for adoptive parents in 31 the:same manner as:prescribed for children in. Sections l 328708;and 8709 of the Family Code. At the expiration of this 33 : period,:;,another hearing;shO.-be held and the court shall 34 proceed pursuant to. paragraph (l), (3) or (4) of r 35 subdivision: (b).:'For purposes of this section,a minor may ` 36.': :only be-found to be difficult to place for adoptionif there 37 are no:prospective adoptive homes available to the minor 38 because of the minor's membershi m a siblin ou or . s P g�� p 39 presence of.a diagnosed medical, physical, or mental: 40' handea , or the minor is a ed,seven ears or more 'and p g Y 94 ti }v :w i - 1 . 'AB 1544 — 72 -- 1 72 -1 '.evidence presented to the court in the assessment made ` 2 pursuant > to subdivision (i) --of, :-Section 366.21 , or 3 subdivision (b) of .:Section' 366;22 indicates that the J. 4 presence :and severity of one or more :of these factors 5 renders the minor.difficult_to place 6 (4)> If the court finds that adoption of th`e minor or 7 termination of:parental rights isnot in the interests of he 8 minor, or that one of the conditions in subparagraph (A}; 9 (B),:: (C), or (D) of paragraph (l) or in paragraph (2) j a 10 :applies, the court shall either order that the present 11 caretakersor other appropriate> persons. shall become. . 12 ,legal guardians of'the` muor.or order ,that the minor remain in lon term foster care Le al`` ardianshi shall g= g p 14 be considered before long-term`foster care, if it is. in the 15 best interests:of the minor and ita,suitable guardian can 16 be found 'When the minor is living with:a relative or::a: 17 foster:.par ent,who is villin , and:ca able:of rovidin a g P- p; g 18 stable ..and permanent :environment; but no willing' o: 19 . :become a legal guardian; the minor shall not be removed 20 from the home if the court finds the removal would be 21 seriously detrimental to the emotional well-being of the, 22minor because the minor, has substantial psychological 23 - ties to the:relative.caretaker or foster'parents 7h6'p { 24 " shall also:make:;an order for visitation`with the'parents or.,: 25 ,'guardians unless the court finds by a;preponderance of 26 the evidence''fihat.the visitation:would:be detrimental to: 27 the physical or emotional well-being of the minor. 28 (5) If the,.court finds that .the minor should not be ` 29 placed fore adoptioiri, that legal guardianship shallriot'be 30 established,, aril that there are no suitable foster,parents • 31 :except exclusive`.use homes available ao provide the. 32 minor with a`stable and permanent: environment, the 33 ,court may order the care, custody, and control of the ; . 34 minor transferred from the county.,.welfare department 35 or probation department to a `licensed foster family 36 agency The : court shall consider the::` written :: 37 recommeridation of the.county welfare director or'chief :. 38 robation ' officer :re ardin the sutabi of 'such :a : P g g -39 transfer. The transfer. shah, be:sub�eet to further court i. 40 orders. 94 f AB 1544 . , s l The licensed foster family agency shall place the minor i 2 in,a suitable licensed or 'exclusive-use home whichhas 3 been . certified _by '.the. ..agency, .as.. meeting .licensing 4 , standards The licensed`;foster _fanul Y "agency :shall be 5` res" onsi e for u orcin the minor and for rovidin p pp . g p g 6 appropriate services to'; ;the: inclu.ding those 7 services ordered by' the-.court. . Responsibility for the. 8 support of the minor shall not, in and of itself; create 9 liability on`the part of the foster family agency to third 10 persons-Jnjured by the minor. Those minors"whose care, 11. ; custody; and :control.:are transferred to a:foster family 12 agency;.shall not'be ,eligible for foster care maintenance 13 payments or child we]fare:sehdibbs,:exoeptfor emergency : 14 response services pursuant to;Section 16504. .The proceeding forthe appointment*of a guardian 16 for a minor who:-sa dependent o£the juvenile court shall 17 be;ih.the juvenile court If the court finds pursuant to his 18 section : that :legal guardianship , Js the "a; ppropriate 19` 'permanenc lan, at shall a omtthe le al ardian`and Y P pP g 20: issue titters: of uardiansh� The assessment prepare g p p p•. 21pursuant to' subdvison (g} of Section 361:5, subdivision Section 366:21, and subdivxs�ori '(h) .of,Section 366.22 23 . shall be read and 'considered :by he:court°prior to he 24.. ,-app ointment, and this shallrbe.reflected:in them iltes'of { 25 the court. The person preparing the assessment>may be 'i` 26- called:and examined=by any party;to the proceeding: 27 (e} The proce,edu g for:the;adoption'of a:mi.nor,who is 28 a dependent of`the juverrle court ahall be m the juvenile 29 court if the court finds °pursuant to :this 'section that a 30 adoption is the appropriate permanency plan,,,, .nd the 31 petition for adoption'is filedi I the;juvenile.court Upon E. 32 ihn of a petition for adoption ursua:nt to Section g p 33 8714 of. the Family Code, the-juvenile ;court shall order it 34; that an adoption bearing be set The court,shallproceed : 35 with the adoption after the appellate ri lits of the"natural �. 36 parents have been exhausted. The full re ort, wired b p q y 3,7 Sectzon: 8715 of.. earanuly :Code shall b, read and 38 considered by 'the court prior to the adoption and lus 1 39 shall be reflected a�n'the minutes of:the court: The person l\ 40 preparing the reportmay be called,and_examined by any 94 +�u.. ..... �....-.L.0 _/..uL"a..a aauvt'.iu uaiuyS:L"i '%`SSL•2.'w1aiJiiv.I -S .•4�=.t{dv' AB 1544 - 74 — p atty. 74 -- party to the proceeding.Itis the intent of the Legislature, `t,, 2 pursuant to this subdivision, to give potential adoptive. arents the o tion of Pilin io the juvenile court the p p g J ; . 4 petition for the adop f ion of a minor who is a dependent 5 of the juvenile court. Nothing in this sectiones intended 6 to prevent the.filiii ' of such a petition for adoption in any 7 other court as permitted by:law, instead of in the juvenile . 8z court. 9hnof(f) At ding, toy 10. <..this, section, ;if the minor,,or the parents are not being 11,: representedbyprevlouslyretained:or appointed'counsel, 12 the:court shall proceed a- follows. 13 (T} The court:shall consider whether.;the interests of 14 the ntilor require the: appointment of; counsel: If:the 15 court finds.that the interests of he minor do`require this I6 protection, the-court shall appoint coon el to.represent 17 the minor.If the court finds that the interests of the minor 18' `require 'he representation: of counsel, counsel shall be: 19 appointed .whether or not: the minor Asable- to afford 20 counsel:Then' nor shall not be present in courtunless:the 21 : minor;or the minor-s'counsel so requests or: he court so 22 orders. 23= (2) If a parent app without counsel and �s .unable' 24 to afford counsel; the court shall appoint counsel:for the pp 25 ,parent, unless ;alas representation is: knowingly and 26 intelligently 'waived.` .The same counsel ;shall not be 27 appointed to represent- both:the minor and his: or her , 28 ` parent: The;public defender.or .private:counsel may be 29 app ointed as counsel-for°the arena: p t, 30 . (3) Private counsel appointed under flus section shall 31 receive a reasonable sum for compensation and expenses; '32 the amount of which shallbe determined by the court 33_ ° The amount shall be paid by the Veal parties u1 interest, 34`' other than the minor, in any proportions the court`deems 35 just, However,�f the court finds that an of the real par es, Y p 36 in.interest.are unable to afford counsel,ane amount:,shall iia the goner fund of the coon E p g ty . 380 (g) The court may continue thea:proceeding for not to 39 exceed 3Q days:`as necessary to appoint:counsel; and"to 40 enable..counsel o become acquainted with: he case . 94 -- 75 -- A-B 1544 'e� "0 1 {h} At all proceedings under this section, ,the court ve 2 shall.consider the wishes.of the minor and shall act in the 3 best interests of the. minor: 'fie nt '6h test:mon of the be taken m chambers` 4 Y Y . d 5, and outside,the presence.of the minor's parent or parents y 6 if" the minor's parent or parents are represented by; le 7 counsel, the counsel is present, and any of the following circumstances exist: to 9 . {1} ..The court determines;that testimony in chambers. 19 " 1Q is necessairy to ensure truthful testunony. �h. 11 {2} The. minor is likely to.be intimidated by a formal- 12 courtroom setting of ;The minor is 'arraid.to testify in fron of his .o lier`. ie i4 .. .parent,or,parents is . 15 After "testimony in chambers, the parent or parents of at. 16 the minor may elect to have the court reporter read back' �r : 17 the testimony;or have ' the =testimony summarized by 18 . counsel for the parent or.''.parents. 19 The test mon of a:: minor also may. be: taken .,in •d . Y Y ie 20 ohambers and outside-the presence of the guardian or. ;o " ..{ 21 guardians of a minor under:the"circumstances specified 22iii this subdivision. le. 23 . ' ';{i) :Any order of the court permanently termiratmg le :24 parental rights under this:section shall be conclusive.and binding upon the:,::'nrunor; person, upon the parent -0 r ,e 26 ' parents and upon"all other persons who have been served. r. 27' with citation by publication or.otherwise as provided'in' ie 2$ this.chapter: After making such an order, the court shall 29 have .no ower to set aside; change, ;or modify it; but p, g Y dl* 30 nothing in:this section shall be construed to limit the right s3 31 to appeal.the order:; t;.. court, by _order. or:judgment declares the t 33 minor:;free;from the eustodyand.control of both parents, is 1 34 or one parent if .the other does not 'have "custody:' and' s 35 control, the courtshall at the.same time.order"the minor tl. e:;State Department of Social Services or a 37 .licensed adoption;agency foradoptive placement by the .o" 38 agency However,"'no petition :`for: adoption';may be 39 granted until. the appellate,rights"of the natural parents , 4o have .been exhausted The State Department of Social )4 94 4, AB 1544 _ 76 -1 1 ; -Services or Iicensed adoption agency shall be responsible 2 for. the custody and supervision of the min aor and shall be 3 entitled to the exclusive care and control of the minor at 4; :all times until a.petition for adoption is granted. With the 5 consent o f the agency, the court:may appoint a,guardian of the minor, who shall serve until the minor is adopted. 7 (k) Notwithstanding 'any other provision of °law, the , 8 application of any person.who,as'a relative caretaker or 9 ` foster.parent, has cared for a dependent child for whom 10: the court has approved a permanent plan for adoption;or who has .been freed foxy adoption, hall be given 12 preference with respect `to that minor over all other: ; - :.- 13 ;applications for adopif placement 1 - e agency making j i4.; the placement determines that the,*minor has substantial 15 emotional :ties to the ;relative caretaker' or foster parent "` 16 and removal from.the relative'caretaker or.f A r parent 17 would be seriously detrimental to then minor. emotional 18 well-being: 19 As used in: .this subdivision, "preference.,: means .that, 20 the apphcationahall:be processed and, if satisfactory,, the n 21 : fan�il stud shall be com leted before the`processing of Y y p 22. . the application:of :any other person for the adoptive 23 placement.of the rnmor : order by the court that a:hearing pursuant 25 :.ao firs section be field' s not appealable at any time unless 26 all of the followin a hes: g pp ettion for..extraordinar :writ review tiyas filed } p Y 28 in:a timely manner. Y dressed the specific 29. (B) ;The peixtion.substantivel .ad 30issues to be. challenged and supported that'challenge by 31 an adequate.record 32 (:C)..:The petition for extraordinary writ review was 33 suinmarzly denied or otherwise not decided on the , 34 ; merits �. � 35 (2) Failure t- file:...a petition for extraordinary writ 36_: review within .. e the period ' specified by rule, to 37substantively address the spedifi&issues challenged, or.,-.to. .8 support that challeng e b a .uate record '_shall Y : .n odeq 39 '. preclude subsequent review by appeal of the findings and 40 orders made pursuant to this section Ai 94 77.._ AB 1544 ble 1 (3) The Judicial Council shall adopt rules_ of court, be 2 effective January 1,: 1995, to ensure.all of the following: at 3 , (A} Atrial court,.after issuance of an order-directing she `4 a hearing pursuant to this section`be:he1 .ld,;hall advise all ian ,5 parties `of the requirement of ailing a: petition for ed. 6 extraordinary.writ review as set forth in this subdivision the 7 in order to preserveariy right. to appeal in these issues. or 8 This notice;hall,be made orally, to .a party if they are 9 resent at the time of the. makin of the order ,or b am p y ,or 10 first-class mail by the clerk of the court to the last known ren l ' address of-a.party riot.present at the time' the'maku g ier, : 12 of•the. order g :13 ' (B) The prompt' transmittal 67f:the records from the ial 14 trial'court to.the:appellate court. 15 C That`adequate time requirements for counsel and ,nt ( ) int : 16 court personnel exist to implement the objective of this aal.. 17 subdivision. : . : 18 (D). That:the parent or guardian, or their trial counsel: lat. > 19 or other counsel;:is, charged with the responsibility of .he 20 '�h.liii a petition for extraordinary writ relief pursuant to of t :21 this subdivision we 22 {4) The,intend of this. subdivision is to do both of the :23 : following: Int 24 (A) Make every reasonable : attempt to achieve a ss _0 i 25 . substantive arid' meritorious review` by the :appellate 26 court within the tune: specified in Sections 366.21 and ed 27 366:22 for holding-�a hearing pursuant to this section 28 (B) Encourage ,the appellate court to determine all , fic 29 writ:petitions filed .pursuant to this subdivi ion ori their by '30 .rn.erits 31 (5) Thus subdivision shall only apply to cases in which ias:. :,321',-arorde,r.to set a.hearing pursuant to this`section is issued he 33 on or after January:l, 1995 t 34 m This section shall •remain 'in effect onl ::until rit 35. January- 1, 1999, and as of that` date is repealed,Runless-a f to 36, later `enacted statute,.:which is enacted` on or :before to : 37 January 1;. 1999; deletes .or extends that date all ,38 SEG:ad 39. SEC.,24: Section 366:26.of the"Welfare;and Institutions 40 Code is amended to read: 94 94 r AB '1544 -- 78 - 1 8 -1 " 366.26. (a)- This section applies to minors who are f. . ' 2 ad'ud ed de endent.. children. of the j p juvenile .court. 3 ,pursuant_to subdivision (c} of Section 360 .on or after 4 -January ] :1989: The procedures:specified herein,are the 5 exclusive procedures for conducting these hearings; Part ; 6 2 -(comm:encing=with Section .3.020) of Division 8 of the 7 Family :Code -is 'n.ot: applicable to , these.. proceedings. 8 Section, 8714.7 of the: Fa ni y bde is .applicable .and 9 available : to .'`all dependent children : meeting the .: 10 -requirements of hat 'section , For minors :`who :are 11adjudged dependent children :of: ahe juvenile. court 12 pursuant to subdivision; {c}. of Section°360"on or :after 13 January 1, 1989 'this section and Sections 8604-8605' 8606, 14 and 8. of the Fain ly Code°and Chapter 5:,'{commencing 15 . with Section7660} of Part,3 of Division 12 of the Family 16 Code specifY'. exclusive procedures for, permanently 17 terminating parental rights with regard to 'or establishing 18 legal'guardianship Qf, 1he minor while :the minor is -a 19 ;dependent child o , e juvenile `court: 20 {b} ;At_then hearing, .;which shall be held in juvenile 21 court`for all minors.who are dependents of the juvenile 22 :court,: the :court, in order to provide stable, 'permanent 23 homes :for: these. min r shall o s,. all 'review the report as 241, specified in Se'ctiori 361.5, 366.21, or 366,22;,shall indicate Y 25 that the .courthas read° and considered'it, shallreceive ;� . 26 other :evidence that the,parties present, 27 te; ee e '" &A"�P toe :28 d wegere .easePlaft or faikire ire e4 wele 30 ease and then shall;do one of ahe following; 31 {1} Permanently:terminate.the rights of the;parent'or 32 parents and order that the-minor be'placed for adoption 33 and, upon the filing :of a petition for adoption in the 34 juvenile court,,order that a hearing beset.The court shall 35 proceed with the adaption after .the-appellate rights of t 36 the natural parents:.have been exhausted. . 37 (2}: Without,:permanently terminating parerital.right5 38 identify,adoption as the permanent:placement goal aril 9 - .:.or der that efforts be made to :locate an appropriate 8 94 s i t - 79 -- AB 1544 ire 1 adoptive family.for the minor for a period,not to exceed art 2 90 days. p ter 3 (3) - Without permanently terminating parental:rights, � . Y he 4,..:,,,appoint a legalguardian for the minor'and issue:letters of art 5 guardianship, ' he 6 (4) Order that the,minor be placed iri long-term foster gs, :7 ; care, subject to the regular review of the juvenile court. nd 8 In choosing among the above alternatives the court he 9 shall proceed::pursuant to subdivision (c) ire 10 (c) At-the hearing the court shall proceed'pursuant to art 11 one of ahe;;fohowing procedures: .er `The court shall terminate parental rights only if it 1'3 determines by-clear and.: evidence that it is. .36;. ng 14 likely: hat the minor will be adopted If the court so ily 15 determines;.the. findings pursuant to,subdivision (b) or tly 16 ara a h . 1 of subdivision e. of ;Section 361.5 that P . ' P a1'7 reunification serv1ees:shall not`be,offered,=pr the findings g` a 18 pursuant to subdivision (e) of Section 36621 that the 19 whereabouts :of a parent have been. unknown for six ile 961.:. months or that-.the parent has failed to visit or contact the i1e `' 21 child for six months or that,the.parent has been convicted :nt 22 ''of.a felony...dicatirig paxental unfitness, or, .pursuant to as 23 Section 366 21 or.366.22; that`s minor cannot or should not Ite 24 be returned t6'his.-or her parent or guardian, shall then ve z' :25 constitute, a sufficient `basis for termination of parental lot 26 rights unless the `court;finds :that termuiation would be detrimental to the minor ,due -to one of the following 28 circumstances: �e 29 (A) Tho parents or guardians have maintained regular ig: 30 visitation `and :contact with ,the minor:.and the minor or 31 would benefit from:continuing.the relationship on 32 (B) A 'minor °12 years o£ age or older objects to he 33 termination of parental:rights all , 34 (.C) The minor is placed:m a residential reatment` of 35, facility,: ...adoption is, : unlikely or undesirabhe, : and } 36 continuation of parental rights will not prevent finding ts; 37 .the minor a.permanent family placement if the parents id , 38 cannot resume'custody when residential care is no longer ite 39 needed _ 94 94 i. .....:.:...:. ...;. rig. -ir..:as:e;.ia...i.:.Zc•dew.:-r.. 3'.{,.at�.i:=ti;^ytt4 , ._ _._:..:�;:.:.,�"2» - +. sii-•L?.t - _ -:....`�:::. s..:�4 =`:'_+,£.:a.a"S.-�"t.•.•..s _ 4 A,>B 1544 -= 80 -- 1 (D) The minor is living with a relative or foster parent I E 2 - who is unable or.unwilling t.6 adopt:the minor because of 3 : exceptional circumstances;" which .do not include :an " 4 unwillingness:to :accept legal or .financial responsibility 5 for the minor :but wholl 'is,w mg:and.capable of providing 6 the minor with astable,and.permanent environment and' k 7 the reim oval of the;minor from the physical custody of his 8 ;or her relative or foster parent Would be. detrimental to 9 the enmotional;well=bein of the minor.This subparagraph' j g k 10 does not apply fo any minor who is living ,with a "IF :11 nonrelative ahi who is.either {i}:under"six years of age.pi' " 12u) arnember;of a sibling group whereat least'one=minor 13s under:six years of Igean'. d the sibling is, or:should be, :14 permanently,placed together The coast:$hall q, terminate parental rights if at r I6 each::and;`every hearing-at which the:court was required 17 . o con ider reasonable effiaras or services, the court has 18, found that reasonable -efforts were not made or 'that 19. .reasonable services were not offered "or provicled: 20 (3} If,<the,.:count .finds :that .:termination .of parental `: 21 frights would nat be detrimental to the minar pursuant tom 22 .paragraphl} and that the mxrior :has a:probability for ' 23 ;:ado 'tion but is"difficult.to lace::for ado tion. n p p, . p and:there is 24 no identified or available prospective adoptive.parent, ? _. 25 " the: court f may identify adoption as the perrnanerit 26. lacer cent, oal and without tegmina p g ting parental rights, 1 27order that efforts:; be made to locate an ; appropriate 28" :adoptive:family, far the minor, fora period:not""to exceed 29 90: days During his 90=day period, the: public "agency } 30 responsible for seeking adoptive parents;:for each:minor 31 shall; to. the extent possible, contact.other private and 32. ublc ado tion a encies re ardui the availab�lit of the P p g g . . y 33 minor for adoption: During:the 90=day period; the.public 34 agency shall conduct the search for adoptive"parents in 35. . the amemariner as prescribed for'children in Sections 36 $7U8 and 8709 of fihe Family.Code:At the:expiration,of this 37" ".period;:another hearing shall b&16ld afi e`court shall 38 r©teed :- ursuant; to :. ara a "h I , 3 or, 4 .of p p p ' P ( } ( }, ( } i S9 stibdvision b For ur oses of this' ection .a minor ma p p : Y .._ 40 only be found to:be' dif�icnit to place for adoption if,there94 ` 4 t ` gl AB, 1544 nt 1 is no identified or available :prospective adoptive parent of .2 -for the minor because of the. minor's membership-in a In. 3 sibling group, ,or the: presence o£.a .diagnosed :medical, ty. 4 physical; or.mental handicap; or the minor:is the age of ig 5:. seven years or more. id 6 (4) If the court finds- that :adoption of the minor or LIS. 7 termination of parental rights is not in the interests of the to : 8 minor;or that o f the conditions in subparagraph (A); 9 B f C ; or D: of ara a h 1 :: or; in ara rah 2 � ) ) � ) p ' p � ) p gp � ) pp the court shall either -order that the .present a 10 a hes; )r. 11 caretakers or other- appropriate persons shall become �r 12 legal guardians of ahe minor or .order that :the minor e,: 13 : rernam in long=term foster care.Legal guardanship,ahall 14: be`considere( efore.long term foster care; if it as`in the, at 15 best interests of: he minor and if a::suitable guardian can �d. : 16 be: found :when:the nunor is living with a:'relative. orla. is 17 foster parent who is willing and capable of providing a -It 18 stable . .and permanent environment; but not willing to Y. 19 become a-legal guardian; the minorshall not`be removed al 20 from the home if the: court finds the removal would be �o 21: seriously detrimental to the emotional well-being of,the )r 22: or because the minor has substantial .psychological IS ` 23 ties.to the relative caretaker or„foster parents. The court t;: 24 shall also make an order for visitation with the parents or it i( 25 guardians unless the court finds by`a preponderance-of 26 ' the.evidence that the visitation would be detrimental to -e 27= the.physical:or emotional well-being of the;minor. �d 28 . (5)' If the court finds that .the minor should not. be Y . 29, placed;for adoption,,that' egal guardianship shall not be )r30 established,'and :that there are no suitable'foster parents d '_ 31 exeept,' exclusive use: homes available to provide the to 32 minor:with: a stable and;:permanent environment, the, is 33 `. court may`order the:.care, custody,:.and control of.:the n , 34 minor transferred from the county: welfare'department is 35: or probation department .t a licensed foster . family : y1 36 agency. The court -shall : 4 consider the written 37 : recommendation. of the-county welfare director:or chief probation officer regarding. the :suitability of:: such a ty 39` transfer. The transfer shall be subject to further court e 40 orders. 94 .0 AB. 1544 — 82 tl , 1': The licensed foster family agency shall place;the minor , 2 in.a suitable licensed or exclusive-use home which: has 3 been certified b the a enc as meetn leensin Y g : Y g g 4 standards The licensed',foster famil :Agency shall be Y g X 5 responsible�for supporting the minor and for providing 6 appropriate ,services . -to the minor; including those . 7 services ordered by the court: :Resp .7 the 8. support of the minor shallnot, in and of itself, create is 9 liability on he .partof:the foster family agency to third to persons injured by the minor Those, minors whose care; 7 11. custody, and: control are .transferred o a foster fammily ,. 12`` agency shall not:=be eligible for foster .care 13' payments or:child we services;except for emergency 14: response services pursuantita Section 16504: 3 15' ` (d)_ The proceeding for the appointment of a guardian 16 for:a minor who is ad ependent of the juvenile court shall 17 be in,the juvenile court. If lie court finds pursuant t0 this 18 section: that legal guardianship� . is. the appropriate. 19 permanency plan, it shall appoint:tlie`legal guardian.and 20 issue letters of guardianship The assessment prepared 21 pursuant to. subdivision (g) of Section 361.5, subdivision 22 (i) of Section 366:21,and subdivision (b), of Section 366.22 23: shall be. read and considered by the "court prior to the 24` appointment, and this'shall be reflected'in the minutes of 25 the court. The person preparing the assessment may be 26 called.:and examined by any party to the proceeding. '. 27 (e) The proceeding for the. adoption of a`�minor who is 28 adependent of the'juvenile court shall be in the juvenile 29' court :if the court finds pursuant to this -section that 30 adoption is .the appropriate permanency plan and the 31 1 etitionfor adoption is=filed in the Juu'nile court Upon 32 the;fihn of a etition 'for ado tion tle. 'uvenle court g P p J . 1 33 shall order that an adoption hearing be set The court shall 34 . proceed with the adoption after.the appellate rights of ; 35 thea natural parents have,been exhausted. The full report 36 required by`Section 8715 of the Family Code shall-be read 37•::. and considered by the court prior;to the adoption and this 38 shall be reflected:in the minutes of the,, ourt. The person 39 preparing the report may be-called aAd.examined by any 40 •party to the proceeding.-It is'the intent of the Legislature, ;: . j 94 83'_ AB 1544 inor : s 1 pursuant to°this subdivision, to give potential adoptive has 2 parents the option of filing in the juvenile court the ging { 3 petition for the adoption of a minor who is a dependent be k 4 of`the juvenile. court Nothing in this:section is intended, ling 5 , to'.prevent the filing of such a,petition for adoption in any lose 6 other,courtas.permittedby-law;instead of in the juvenile the 7 court 'ate ` 8 (f) At the .beginning of any ,proceeding pursuant to _urd 9 this section, if the minor or the :parents 'are not being are, 10 represented by.previously retained or appointed counsel, Wily ) 11 , the court shall proceed as follows: nce : 12 (1) The court shall considerwhether the interests of y 13 the nc minor require ',the appointment of counsel. ,Tf the 14 court:finds;that ;the jnterests of the minor do require this Han 15 protection, the :court shall ,appoint counsel to represent hall 16.::the minor:If the court finds'thatahe interests 'fthe minor , this 17 ;require the representation of.counsel; counsel shall be pp -Whether-18 a ointed.'whether- or _not the .minor is able to afford. and 19 counsel. The minor shall not be present in:court unless the red 20 minor, or the minor's counsel so requests or the` court so cion Ji 21 orders:` 5.22 22 (2) If a parent appears without counsel and is unable the . 23 :to afford counsel,'the court shal.1:`appo nt counsel for the -s of 24 parent,: unless :,this representation is ..knowingly and . be �,` 25 . intelligently .vyasved: The same : counsel shall. not be 26 appointed to represent: both the minor. and his or her` io is 27 parent. The public defender :or private counsel may be. nile 28 appointed:;as counset for the parent. :hat 29 "(3). Private,courisel appointed under,this section hall the 30 receive a reasonable sum for compensation and expenses, Pon 31 . the. amount. of:which shallbe determinedby the,court: )urt 32 The amount shall be paid by.the realparties in:interest, - hall : 33 other than ahe.minor, in,any proportions the court deems S -0.of 34 dust ,However,if the,�court finds that any ofahe real parties )ort 35 yin interest ar -un 1 e ab a to afford counsel; the amounts hall' ead 1 36 bepaid out' ' f the general fund of the county. this 37 (g) The court may continue the.proceeding;for not to' *son : 38 exceed 30 days as necessary o appoint.counsel, and to any 39 enable counsex to become acquainted with he,case: ure, r 94 94 t.. AB :1544 — 84 L (h) At all proceedings under this section, the court- 2shall consider:the wishes of the minor and shall act in the 3, best interests:of the minor. a; 4 The testimony of the minor may betaken in chambers 5 and outside the presence of the minors parent or.parents 6 if the minor's :parent �or parents are represented by 7 counsel, the counsel is present, and any of the following ' .8 circumstances exist: 9 (1) :The court determines that testimony in chambers 10 is necessary:to ensure truthful testimony. 11 (2) The minor is likely to;be intimidated.by:a formal: urtroom.setting 12 co. 13 (3) The,. ninor is afraid to `testify in frontof his or lier 14 parent or.parents 15 'After testimony in'chambers, the parent.or. parents of 16 the minorni_A a ect to have the court'reporter read.back 17� the''testimony or have the: testimony: summarized by 18 counsel, for`the ,parent or parents. 19 The testimony of .a minor also may' be taken in 20 chambers :and outside the presence .of the guardian or ;� 21, guardians of a minor under the circumstances specified 22 in this subdivision: 23 (i) Any order Of the-court permanently' terminating 24 parental rights:under this'section shall be' conclusive and 25 binding .,upon the minor, person, upon the parent or, 26 parents and upon all`other persons:who have been served 27 with citation by=.publication'or otherwise:;as provided in 28 this chapter. After making such an order, the court shall : 29 have no power to set aside, change, or modify it, but 30 nothing in this,sect on shall be construed tal mit the right 31 to appeal;the ordere, 32 (�) ;If the court,. :by order or, judgment.'declares the 33: minor:free from the custody and:,control of.'both'parents, ' 34 or; one. parent;if'.the other does-not have an " '35,:- .control, the court shall at,the same'time order the minor 36 :referred to.:.the' State`:Department;'of Social':Services,or'a 37,' licensed adoption agency for:adoptive placement by the 38 agency: However, :no peon for adoption may. be' . 39 granted until the appellate rights of the natural parents is 40 have. been exhausted.` The State Department,`of.Social 94 . i i --- $5 -- AB 1544 1 Services or licensed adoption agency shall be responsible 2 for the custody and supervision of the minor.and shall be 3, entitled to the exclusive:care and-control.of the minor at 4 all times until a petition for adoption is granted:With the 5 'consent of the::agency, the court may appoint a guardian 6 , of the minor, who shall serve until the minor is adopted. rf 7 (k) Notwithstanding any-;other:provision of law, the 8 application of any person who, as a�relative caretaker. or i 9foster:parent; has cared for a dependent child for whom 10 : the court has approved a permanent plan for adoption, or, : 11 who has , beenfreed for adoption, shall :°be given 12 preference with respect ;to -that minor over all: other 13applications for'adoptive placement if the agency making 14 . theplace' ent determines that-the minor has_substant al 15 emotional` tiesilo the relative caretaker or foster patent ': 16 and removal from'`the relative caretaker,or" fosterpa anent 17 would be seriously detrimental to the minor's emotional ;I :18 well=being. 19As used .in this subdivision; ``preference" means that, i 20 the app, cation shall be processed and, if satisfactory, the 21 faynxly study shall be completed before the processing:of :22: the application of any other person for the': adoptive i 23 placement of the minor. 24 (Z) (1)` An order by the court that-a hearing pursuant 25 to this'section be held is not a eatable at an time unless : y pp y .26 ; all.of the"following applies: 27 {A} A petition for extraordinary writ review was filed A 28 in a timely manner. 29 (B} Tlie. petition substantively`addressed the specific 30 - issues to be challenged and upported that challenge by 31 =an adequate record.. 32 (C} The petition for extraordinary writ'rwas 33 ;summarily denied' or .otherwise hot. deeded on. the i,84 merits, 35 . (2) Failure to file a petition for extraordinary writ 36 review . within the ;period specified`: by rule, to 37 substantively address,the specific issues challenged,:or,to �8 support that challenge. by an adequate .record` shall. { 39 preclude subsequentreview by appeahof the findings axil 40 :;orders made pursuant to this section; �. 94 . 1t AB 1544 — 86 --- 'I (3) The Judicial Council shall-ado pt rules of court, 2 effective January L 1995, to ensure all of the.following: : 3 aLo6buit, .after issuance.of n: order directing` ' 4 a hearing pursuant o this section be held,shall_advise all 5 ` arties of the r p equirement of filing. a petition for 6 -extraordinary writ review as set forth in this subdivision 7 in order.. to preserve any right to appeal in these;issues: ,6 8 This notice shall be made`orally to a, party if they are 9 present at the time of the making of the.,order or by { ' first-class mail by the clerk of the court to the last.known 11 address of a party,not.present at the.time:of the making 12 of the order 13 {B} The prompt:transmittal of the; records::from the 14 trial court to the appellate court r i 15 {C} ',That adequate time requirements for counsel and 1.6 ..court:personnel exist to implement the,objective ;of this 17subdivision ' 18 (D)7, That the parent or guardian, or their trial counsel 19 or other counsel, is charged with the: ,responsibility of 20 Wig.a petitlori for extraordinary.writ relief pursuant to 21 this.subdivision: C(I M, 22 (4) ;The mtent, of this subdiv sion-is to do both of the.. �i 23 following: { 241 Make every reasonable attempt o _achieve, _a , 25substantive and, mertortous review by the. ;ap ►ellate c 2fi_ court w�thln the time specified;in:'Sections 366:21 and 27 f 366.22 for holding a hearing pursuant 'to this section 28 (B) ,. Encourage t el appellate court to determme all 29 . writ petitions filed puxsuant ao this subdivision on their 30 merits 3I (5} This subdivision shall only apply to cases �n.wluch 32�: an order to set a hearin ursuart to this section is issued 'p . 33 on or after January.1, 1995: 34 (m) This section shall be operative January`l, I9 99 35 . .36 .'SEC &-. Seet'on 3663 of the Welfare and InsiztL;rlons 37 Code is arendd to read 38 366:3 (a) If,a juvenile court orders a permanent::plan 39 ,of adaption or. legal guardianship purse ant:to Section 40`.`366.25, . 366:26, the court shall-retain jurisdiction over, 94 r i ,AB 1544 t I °the minor- until' the' minor is adopted or 1he legal 2 .guardianship is.established. The-status of the minor shall 3 be reviewed every six months.to ensure that the adoption r 4 or guardianship-is completed as expeditiously as possible. 5 When the'adoption of:the minor has been granted, the 6 .court shall terrnainate its jurisdiction over the minor. The 7, court may continue,Jurisdlctxon over the minor:as::a . 8 dependent :minor 'of Ah juvenile court following the 9 establishment of a egal-guardianship or may ter' Ate.its 10 dependency jurisdiction and retain jurisdiction over the It minor as a:ward of the.-guardianship-established pursuant 12.-t.to Sectron' 36Q; 366:25, ':or 365 26:`and as.`authorized by 13 Section 3f6.4 Following a termination;of parental rights 14 the parent or:parents shall not be' a party to, or receive 15 notice : of, any ubsequent proceedings, regarding the 4 16 minor. . - 17 (b) If the court has dismissed deperidencY1urisdiction 18 following the establishriment of ale gal guardianship,'or.no 19 dependency jurisdiction attachedbecause'of the`granting of a legal guardianship pursuant to.section 360, and the 21 legal guardianship:is subsequently revoked:or:otherwise 22 terminated, the :county department of.socal services or 23 welfare department'shall notify the juvenile court of this' 24 fact. The .court may;vacate its previous order dismissing Ltt . 25 dependency jurxsd.lctlon over tho minor. 26 Notwithstanding:Section 160.1 of'the Probate'Code,the 27 proceedings:to terminate,a guardianship which has been x 28 ' granted pursuant to Section36o, 366.25, or 366.26 shall be 29 held;.in the.juvenile court, ''iriless the termination is due 30 to the emancipation or adoption :of the minor:, If the 31 petition to terminate guardianship' is < granted; the 32 juvenile court ma resume de endenc urisdiction over J . Y .. p Yj 33 the minor;and may order the county department of social t(, 34 services or welfare department to: develop a new 35 permanent .plan, which shall be:presented to thie .court 36 within 60 'days of the termination If no dependency 37 sdictlOn-has attached;the robation officer shall make p :3$ any irvestgation he'or.she deems necessary:to determine 39 whether the minor.' may., within the;�urisdict on of the juvenile court, as provided m Section`32$ c �,. 94 . . ...,. ... :::e..,.,... 'iz:.. &,¢'ei tr wnrs.... �+.?.ei:•i,..ami-._i:,.;.-... : . AB 1544 88 G; • 1 . Unless the parental rights of the. child°s parent:,or 3 tphe ua'rdi' e been terminated; they shall be notified'that 2 arents,hav g anship has; been revoked orteriniriated and; a' . .. ' hall,be entitled to participate in :the. new ' permanency 5 ' planning hearing The court shall:try to:place the minor 6` in .another-permanent placement. At the hearing, the 7:: parents may be considered as custodians but the minor 8 shall not be returned to the parent br-parentsunless they . -C prove, :by a preponderance of the evidence, that 10 reunification isthe best .'alternativefor the=minor The 11; court may,.if i is;m the interests,of he minor, order'ahat ' 12 reunification services 1again beprovided to the parent or 13 parents: 14 , (c} If, following the establishment of a legal 15guar dianship, the . county welfare :department or 16. probation department becomes .`,aware of changed 17 circumstances that : indicate adoption ';may be an 18 appropriate:plan for the;child, .the department shall so 19,: .notify.: he court.:The court may vacate:its previous order. ;. -.201 dismissing dependency'jurisdiction over, the minor and s 2:11order-thata hearing be held pursuant i6.Section.366.,9 to `,J 22 .determine whether adoption or'continued guardianship. 23 is he '-most appropriate pian for. the minor.;The;h 'arm g 24 shall"be held no later than 120;days from, the' date .of. the 25 order. Whenever the court orders that'a.hearing shall be N 26. held pursuant to Section 366:26, the;court shall direct the 2T agency,;supervising he child and- the licensed county. 28: adoption agency, or the, State ~Depar merit . of ,social f€ Services when. it is acting as an adoption agency in 30 counties that are not served by a county`adoption agency, 31 to prepare an assessmentundersubdivision (b) of:Section 32': ;366.22. If the`minor is in a placement other than the ]home U. of a legal guardian- and jurisdiction has . not been 35 dismissed, the status of the minor shall•be reviewed ever 36, six months.:This review may:::be conduct d:b y _. e Y e court 37 or °an a ro riate local agency The court shall��eonduct l P 38 the:review. :under the:following circumstances 39-1 (1) Upon the request of. the.:' mo or's parents or 40_. guardians. 94. 4 89 — AB `1544 or 1 (2) Upon.the-request of the minor.. lat -2 (3) It has been 12 months since ;a hearing held nd 3 pursuant;,to,: Section" 36626 or,. an order- that. the minor. icy 4 remain in.long term ,foster care pursuant to'paragraph for :.. 5.: (2): of subdivision (g):'of Section-366:21, subdivision (a) o :he ' 6 Section :366.26, or subdivision (f). for f 7 4 It has .-been 12 months " since a review was Bey8 conducted,by.the court iat 9 (e) At the.review held every six 'months,pursuant to he 10 subdivision, (d),`the reviewing body shall inquire about iat: ;11 :the,progress 'being made:to provide a permanent:.home or, 12 for the min, and>shall determine all bf he following:: 13 (1:) The appropriateness:of the:placement: 14 (2) :The continuing.. appropriateness , and; -extent::;of or 15 compliance with he permanent plan for the.:child. ed` 16 " ' (3) The extent of compliance with the 'child welfare an 17ll ervices case:plan: so 18 (4) The adequacy .of services provided to the child: 1"er 19. The review shall also include a determination of he rid 20 services:needed to assist a child who is,16 years of age or to0 21 older:make the transition from foster care to independent iip. 22 living. hg 23 Each licensed foster family agency shall,Isreports" e 24. for :each minor in its care; custody, and control to the. be `'25 court concerning the continuing appropriateness and he 26_: :extent of compliance:with the minor's;permanent plan, ity' 27 he extent of'compliance with the case plan, and the type ial 28 andadequacy of services provided to he minor. in :29 Unless: their parental ,rights have been permanently '30 terminated; the parent `or::parents of the minor are on.: 31 entitled`to receive notice of; and participate in-> those 32 hearings; It shall be presumed that continued care is`;in ne :: 33 the interests of the minor; unless the parent:or parents en 34 prove,:by a preponderance:of the evidence, that further :ry 35 efforts at. reunification are the best alternative for the in 36 : nunor In those cases; the''court may order that further tet 37 reuriificataon services be :provided-;. to the parent or f 38 paxents for a:period not to exceed six,months or 3946d� ee 40 :sde { e eett `ewer s .fie 94 94 . .1 �':s.6r..ae�'i.�',}. • �.yy.l.7f •s.•;,,.^' s..v'*...iiu3'.1. -/cYu�nfdb:SLsCLx«s....z.:tiixi<iti+a3s:u.r .x4.:.�e=.,stsr.tm:^x:aE1 a:•.C.aa�.a..,...„,.s:n.t...j,,:...:..:, — — _ AB ,1544 _ 90 - 1 held pttrrstlaft if 2f .,, �7,,,� 1 :.0j, 1)y 616ftC21C 3to }t tt}at ttie is net A 4 p fte :efte to :.te 5 aeeeot: , the eetrr-t- ►a ...,...r., „�:,.r � ' to:See6en'6 6 a 7 , ewe=:_tom the, Iff 8 hffiese eafe At ,the review held pursuant to 9. ara a h 3)' of subdivision d ; in addition to the 10 :.revrew held purszrant fo,subdivision., (e), the court".shall' 11. :conslder all.permanency planning options for, the child ; 12 including tivhether the-child should be returned to the 13'` home of the parent; placed for adoption, or appolrtted a 14 legal guardian, or whether the child should remain in 15 foster.care :The court shall order that a hearing be held 16 pursuant to:Section 366.26 unless it determines:by:clear . 17 and convincing evidence that the child isnot a proper 18 subject for'adoption or that-there is no one wilhng to 19 acce t legal guardianship.'.Only upon that`determiria iori p 20 may. the court,order that the minor child remain in -� 21 long-term foster care,:withouthold�nga hearingpursuant ` _l 22 to Sectzon 366.26. 23 (g) If, as authorized by :subdivision (f), the court 24 orders'a hearing` pursuant to Section:366 26; the court 25 shall direct the agency supervising the child ,an the ; 26Jicensed county`:adoption �agency, or: the department 27: when it is acting as an adoption agency in,counties that 28 are not served by a county adoption agency; to prepare 29� I..an;assessmentas:provided for in subdivision (i) of Section 30 366 21 or subdivision (b) of Section 366.22 A h rini held 31 pursuant to Section 366:26'sh, all be held no later`thCM:120 32 days from the date of the:12-month review at'which it is 33: ordered; and at::that hearing the court shall determme 34 whkteI 6i adoption, guardianship;or long .term foster:care. ,4 35: is ahe most appropriate plan for the minor!,' 36 SEC,,.26 ,Section:387 bf the'. Welfare and Insht�rt` ons 37 Code is-amended to.;read• 38 387 `An order changing or modifying a previous order: 39 , by 'removing a.:minor from the physical custody 'of` a s 40 parent,`. guardian, relative; or friend and . :directing €� is - 94 91 AB 1544 r� 1 placement in a foster home, or commitment.to a private the 2 or county, institution, shall be:made only. after noticed e 3 hearing upon a supplemental:petition: to 4 (a) The supplemental .petition shall be filed by the t 5 probation officer in the original:matter and shall contain 6 a concise statement of`facts sufficient to support the . 7conclusion that the, previous disposition has `not been t to - 8 effective in the rehabilitation or protection of the minor the 9 or,"in the case`o.,a placement ti 4th a.relative, sufficient.to hall 10 show that Elie placementisnotappropriate in viewofthe hild 11 criteria in Section 3613. the 12 (b) Upon the filing of the supplemental petition, the 'd, a _; 13 clerk of the.juvenile court shall immediately set the same 7 .in 14 for hearing.within 30 days, and the probation officer shall ield : 15- -cause notice. thereof to be served upon the:persons-and lean 16 in the manner prescribed b ' Sections'335 and 337. per 17 (c) An:order for .the detention of theminor pending to 18 adjudkation. of the petition may be "made` only after a tion 19hearing is conducted pursuant to Article 7 commenciri p (. g i .in 20 With Section.305) rant 21 =SEC 27. ; Section 11400 of Elie Welfare and Institutions 22 Code is amended to:rea& curt 23 11400: . For he purposes of this article, the following )urt 24 definitions shall apply-'': . pp y• the �. 25. a � °`Aid 0 to Families with Dependent Children-Foster lent 26 Care (AFDC-FC)" means the aid provided on behalf of that 27 needy'children in foster care under the`terms of this )are 28 division. tion 29 (b) :"Case plan" means a written document which `at geld 30 a minimum specifies the;type of home.,in which the child 1:20 31 shall be placed, the appropriateness of ^th6h ome.. for it`is ` 32 `meeting the child's needs, the4&n6y's plan for ensuring tine 33 that.the.child, family, and foster parents receive services,: :are 34 and the,appropriateness of the services provided to the 35 child, in order to meet the child°s needs while:in foster: • y tons : 36 care, and to.reunify.�the child with $is 'or her ,famil or; 31: .When reunification is, not possible;: to Facilitate . an der 38 ' alternate permanent plan of a 39 (c) ; "Certified family Home" means a family residence ling ,r? 40- C& by a licensed foster.family agency and issued a 94- 94 _..a.e...r.aca..,_:.r_.'i'se5s.s....u%ee.�.Lz....attavl}7sa=�:.w ";is...a. •:,,a.v» ... . AB , 1544 92 — a 1 certificate of ;approval by that. agency as meeting. 2 licensing standards,:and used only by, thatfoster. family 3 agency for p ( � lacements 4 d "Family,;home. means the family residency of 'a 1 . 5 .: acensee in which 24-hour care and su ervsion. ,are p 61 provided.for children: a( 7. "Small . Yomany,farn 1. hme" eans resideni:ial) . , M 8 .facrlity, iri he licensee's family residence,which provides .:R 24-hour care for sixor fewer, foster.;children who have 10 mental disorders or developmental or.physical disabilities,. and.who require special care and supe.rv. sion-as a result E 12 . of their :disabilities 13 (f) ` "Foster.care" means the 24 out-of=home<care 14 provided to children whose own_ fariiihes`:are unable or 15 ,unwilling to care for them, and who. are in need of i6 temporary or ong.-term substitute parenting 17 (g)- Foster,family,agency. means any individual or 18 organization engaged in the recruiting, certifying;. a.nd 19 framing of,.and providing professional.-support foster . 20 parents,or in finding homes or other places for placement 21 of children for temporary,or permanent bare who require 22 that level of care as an alternative to a' group borne: 23, Private foster family agencies shall be organized and 2 operated.on a.,nonprofit basis : 25 (h) ' Group home means a nondetention privately - .._ i 26 operated residential home, organized'and operated on-A . 27 nonprofit basis only, of ' any capacity,: ;that;. provides 28 4:,services in a group,setting to children in nee iof care;and 29 supervision, as required b ara rah 1 subdivis su p q . Yp . g p ( ) of ion r; 30 (a) ofSed ion."1502 of the Health and Safety Code. 31 (i). :"Periodic review'' means review of a:child's tatus 32 by the juvenile court. or by an administrative .review 33 panel, which';'shall include a determination of" he !' 34 . continuing need for placement in foster care, evaluation t i 35 of the goals for the placement and the progress toward 36 . meeting these goals, and development of a target date for 37 the child's .return home .or.establishnnent of alternative 38permanent placement: "Permanency planning hearing" means a`,hear:ing 40 conducted by the juvenile court. in which the child's y .94 93 — AB 1544 S ng ,. f 1 '. future status, including -whether the child shall be �y 2 returned home or another permanent plan shall be 3 developed; is determined. a 4 (k) .'Placement.and care" refers to he responsibility �re 5 for the welfare of a child vested: in an; agency or 6 organization by virtue of the agency or organization ial - 7 -having (1). been delegated care;.custody, and control of U Ies 8 a child by"the juvenil.e court, (2) taken responsibility, ve r 9 ' pursuant to a relinquishment or termination of parental 10, .ri hts :on .--a' ,,- child 3 taken the responsibility ' 'of alt 11 supervising : a child : detained by the: juvenile court 12 pursuant to Section 319 or 636, or (4) signed a-voluntary Te` 13 placement agreement for the child's placement; or to the 14_:.:responsibilitydeli ated to an individual b virtue of his or y of 15 or-her being appointed the.child°s,-legal: guardian 16. Z Pre lacement reventive . services means (.) p p or : 17 services.which are designed to help children remain with their:families by:preventing or eliminating the need:for :er 19 ': removal: nt 20; :(m) -"Relative means a person who , can' ':be a ire 021 "caretaker relative" of a dependent child under Section 22406 of the Social Security Act. `°.relative"also includes any nd 23. such person who is related to the:child's half sibling. . 24: (n) ``Volun'tary placement" means an :'out-of:home . ply 25 �placement. of ;a minor. by (1), the county welfare i:a 26 department: after the parents or guardians have les 27 requested the assistance „of the county` welfare rid 28; department and have signed a :voluntary placement 29 ' a reement- or 2 the count welfare ' de artment : on. g O Y p 30 licensed public or private adoption agency, or the ,us31 department ac'.ting as .:an adoption agency, after the 1W32 :: parents:have.requested.the assistance of either the county he 33 : welfare- department,: the licensed public,; or. private; on 34 -,.a&option agency,or the department acting as an adoption rd 35 agency for the:purpose ;of adoption planning, and have ror 4 36 signed a voluntary placement agreement. .ve 37... . �o).. "Voluntary :placement . .agreement'-., , means.' a 38 written agreement between; either the county:.welfare ng 39 > department; a icensed public. 'or private adoption 40` agency,`or the de artment.:actin as an.ado � tion age ' p g p g Y� d.s 94 _ 94 , Act , - ;a AB 4544 — 94 -- 1 and the parents or guardians of a minor which specifies, 24t a ninirnum;`the following 3 (RT e legal status of-the child. i .4 (2) The rights and obligations of the, parents or 5. guardians; the`child; and the agency in whchahe child is 6 : placed.:r (p) Oxi final lacemdate means the most recent . � g . p ent, 8 date'on which=the court detained a child:and ordered an 9.-.,agency.to be res onsible for su ervisin the child or. the p p g 10 ":date ':;on :which an a eric assumed;res onsbilit :'for a g. Y p Y� ;11 child due to :, erminaton ' of parental rights, l2 relinquishment, or voluntary placement. 13 (q)' "Transitional housing placement:facility" means -a 14 community care: facility licensed by he State 15 Department :of :Social. `Services pursuant. to Section ( 16 1'559: 110. of :the Health and .Safety Code to provide 17.1. transitionalhousin � opportunities to ersons:at least 17 18 years old,;arid not more than- 18 years old unless: they 19 satisfy .the requirements" of Section 11403, who .are in 20' '­out of home placement under ahe upervision of the '21 county department of social services or the. county , 22 probation: department, and who:are participating:in an' 23independent living program. 24 Section 11450.27 is: added to the Welfare and Institutions 25 Code, to..read:: =26 11450.27 (a) Inenacting this. section, rt is the . nt:ent `27 of the Legislature to.encourage youth leaving:the foster ` 28 care systempursue Higher education so that.they may 29 becomeauccessful:and productive adults. It isfurther the 30 ..intent : of the.; Legislature that youth ,who receive. a 31 ,scholarship pursuant; to this section act as .mentors o 32 other, youth :in the foster'-'care system The Legislature 33 finds and declares thatn their capacity as mentors; youth F - 34 are . expected to . ohii". . their time : to `encourage 35 : ro osals,to pursue-,hi her.education throw h'an of the p p P; g . g Y : 36 following;activities: t Providing assistance=in completing':applications. ::_ 38 (2) .Conducting outreach to groups oflo,ster youth {' 39' (3) Providing emotional support,Autorin& ah acting 40 as role models: q 5 `= . 94 :-95 AB1544 yes 1 (b) The department shall establish and administer the carried out pursuant to this section. The 2 program to be 3 departure.nt shall adopt any regulations necessary to or c 4 implement this section: i is 5` (c) An- individual who was. declared a 'dependent of r. . 6 the`court pursuant to Section 300 and who, immediately 'int , 7 prior to his or .her 1$th birthday,lies a permanent plan of an "<- >' 8 lo ,foster care or guardianship; and who received , ..he .9 aid pursuant to this chapter,shall;for a period of two,years r� a 10 .'from the time he. or she is no longer eligible to; receive lts 11 AFDC-FC::aid pursuant: o Section 11401 or Section l1403' 12 without regard".°to whether or. not:he;Or she is still living 13 . with his or`-her:foster parents;or guardian; :be eligible.to at e 14 receive .an amount of aid. not to exceed the basic:foster ion15 grant payable pursuant to the -rate schedules set out in ¢de 16 subdivisions (a)' to :(.d) inclusive;of Sectlori'11461;.as long 17 17 as he or he is enrolled as a full-time student and maintains iey 18 a grade point average of at least 2:O or its equivalent at an in 19 accredited college or university, community college, or ,he 20 vocational program. zty I }�lid,: 21 (d) The department shall seek.to obtain federal funds.. i 22 for the implementation of this section, This section shall, .23. to the.-extent that federal funds are not.'available, be ins 24 • implemented through the use of state funds. j . 25 SEG. 9; int' j 26 SEC 29. Section:16206 of the Welfare and Institufions. : ,ter. 1 27 Code is amended to read lay I 28 16206. (a) ,The. purpose of the -program is to develop the 29 and implement statewide coordinated,training programs 30 desi ned s ecificall to meet the needs of count child a g P y y - o _ 31'.r .:protective ervice social' workers assigned emergency. 32 res once £anvil maintenance, family reunification, ure p Y uth. 33 -permanent placement, and adoption responsibilities: Itis age 34 the intent-'of of the Legislature that the program include the: 35 training for other agencies under contract with county ( ,J 36 .welfare=departments"to,provide child welfare services:In s 37, addition, the program shallprovide training proograms for, ; f 38 persons d"efined ,as mandated child ° abuse .reporters 39 pursuant t6 'Se ' 11165 and followin of .the Penal ing p g 40 Code.-.-,The program shall, provide the following services 94 94 AB 1544 — 96 1 to., the extent possible within theq,, total allocation. If 2 allocations are insufficient, _the department, in 3 consultation.with-the grantee or grantees and the Child :4 Welfare .Training- Advisory Board, shall. prioritize the } 5 efforts of the program; giving primary attention to the . 6 most urgently needed services. However, county child 7 protective service social workers assigned emergency_ 8 response responsibilities .shall receive: first priority for 9 traningpursuant to this act. The program shall provide ; practice relevant 11 training :for mandated child. abuse .reporters and all 12 members:of ih tAnId",61fare delivery system,which swill 13 address criticalissues affecting the well being of children, 14 and 'ahall _ develop. curriculum materials and trainiing 15 resources .mus Oin meeting staff development needs of 16 mandated ,:child abuse reporters and child" .welfare 17 personnel in public and private agency=settings. a 18 This:,training shall include all of the`16.11 wing 19 , 1 Crisis intervention ( ) . 20 (2) Investigative techniques.. _ 21 3 Rules of evidence.: Indicators of abuse and 7neglect. f. 23 . 5 Assessment :criteri m6lu&hk the,application of }f 24 grndel�nes for assessment: of relatz:ves for.. placement '` 25 according to `tlie. criteria described in Section 361.3. ~ ' 26 (.6): Intervention strategies 27 7 Le al�"re uirements of child rotecton, including O g q p 28 requirements of child abuse reporting laws - '' 29 0), Case management. { 30 (9) Using community resources 31 (I0) Information regarding the dynamics and effects 32 ;of domestic violence upon families and:children. The training may also -include any or, all of the 34 following: , 35 (1}, `Child:development and parenting. 36 (2) . Intake, interviewn g; and initial assessment. 37 (3) . Casework and treatment 38 (4) °Me , ical aspects of child abuse and neglect. 39 (c) Prior . to January 1, 1989, the.:. department :`shall 40 rovide the Legislative y ? pAnalyst and the Sele S' 94 . x - 97 AB 1544 1 Committee on Children`and Youth with a listing of the, A 2 counties participating in the program, including the 3 number.Of persons trained.in each county, 4 {d} The tranning program:shall assess the `program's 5 : performance:at least annually and forward it to the State 6 Department of ;Social Services for an evaluation and 7 report to the Legislative Analyst. The first report shall be 8 forwarded to the Legislative iialyst no: later than 9 January 1, 1990, and- °on the''first: of Januaryin` any 1.0 subsequent years: The assessment shall include at 11 minimum the f011ow119 12 ,1 (l:} The.number of persons trained 13 (2} The type of: rairnng::provided; The degree:to which the ti, is perceived:by, . 15 part cipants as useful m practice: 16 (e) The traing : program shall : .. provide ¢` 17 practice=relevant training, to 'county Child protective Mo."ser vicesocial.workers--who screen referrals forichild abuse 19 or neglect: and for all workers assigned to provide r-, 20 emergency response,. family maintenance, •family w. 21 :reunification,: and `permanent`placement" services. The ; 22 ;trainmg;shall- developed in consultation with the Child 23 `Welfare.,Training Advisory Board and domestic violence 7` 24',, 6victims'.advcates and other public and:private agencies a 25 that provide program for victims of domestic'violence.or 26 programs of intervention for perpetrators • 27 SEC 30. ; ;Section 16501.1 of the" ;Welfare and k 28 .Institutions Code is amended to read. 29 165.01.1: (a) .'Th e':Legslature finds and declares that 30 " the foundation and:central unifying tool in.child welfare s 31 serviees: s the;case`p1az . { 32 (b) The Iegislature further finds and declares that a - 33 - ease plan ensures that the child receives protection and ii 34 proper,case management, and`that services are provided 35 `to, the parents I or other caretakers as appropriate. A case ..36 :Plan shall be based upon,shall principles of:this section and 37 :`shall..document that.;a preplacement assessment of the 38.�:service needs.pf the child:and'family; and preplacement 39 preventive services,":have been provided, ` 'and that 94 AB 1544 —98 1. reasonable. efforts to prevent out-of-home. :placement 2 .have been made. 3 (c) Whenout=of=home.placement'is"used to attain case 41 plan goals, the decision regarding choice:,of placement 5 hall be based upon.selection of-the least restrictive'or 6 most familylile s+ ,-and most appropriate setting and ' 7 selection of- the .environment. best,: uited to meet the 8 child's special' needs and ;best interests,. or both: The � -4 9 selection shall consider; in order, of priority, .placement 10 with; relat ves::tribal inerimbers, and. foster family,,group 11 care,:and residential treatment pursuant ;to.Section 7950 12 of the: Family Code• . 13 (d) ;,,A written case..plan:shall be,completed`within 30 14 days of:the initial removal of the child or.of the in-person i 15 response.required under-subdivision (f) of Section 16501 16 : if.the child has not,been removed from.his or her:home, 17 or by the, date:. of:the dispositional`:hearing pursuant: to :-zM1 Section 358, whichever.occurs.first The case Wan shall.be :19updated, as the. :service needs_,of the child and .family 20 dictate. At a minimum, the case'plan shall,be;updated in 21 conjunction with ea&status review: :hearing conducted 22 pursuant to Section,366 21 :.and .the hearing conducted .23. .;:pursuant;ao Section 36.6.26; but no:less frequently than 24 :..Once every six months. 25 (e): The child welfare services case plan shall .:be 26 comprehensive,, enough to . meet the juvenile court 27 de endenc roceedn s: re uirements ursuant to p Y P g q P -,28 Article 6 (commencing:with:Section 300) of Chapter 121.4 29 t Part 1 .of:Divisi.on'l 30 The oase lan ahall�be developed as follows ( = p 31 (1) The case plan shall be based uponari assessxrient of 32 the circumstances which,required clild::welfareaservices { 33 intervention 34 (2)= The case.plan shall identify specific goals, and the 35 ; appropriateness o--the planned services.in meetingthose -:36 goals: 37 (3), The case plan shall identify the original:allegations 38, of abuse or,neglect,,as defined in Article 2:5:(commeric��ng 39 with Section 1-1164)' of Chapter 2 of Title I;of Part 4 of 1=he 40 Penal- Code, '.or the conditions cited as the basis for 94 — 99 AB 1544. ent 1 declaring the child a dependent of the court pursuant to 2 Section 300; or all of these, and the other"precipitating Ase 3 incidents which led to child welfare services intervention. ent -4 (4), :The case plan shall include a description: of the : .or 5 schedule of the social-worker contacts with the child and -md ' 6 the :farnily or other:caretakers: The frequency of these the 7 contactsshall be in accordance with regulations adopted Che 8 by the-State Department:of Social Services. If the:child ent : 9 has:been placed m- foster care out-of-state,, the county ,yup40 social.worker.:ora social worker on .the staff of the.social 95011 service agency In `the state in which he child has.,;been. 12 placed shall'visit the child in the home or institution'at i:30 13 :leasf every 12mon*ths`and submit a report to the court-on son 14 each vlslt. _ r 501 15 - (5):' When out=of-home services are used, the me; 16 frequency of contact between the natural.parents or legal t to 17 guardians and the:child shall be specified in the case plan. 1be 18 The-frequency'of:those contacts shall.reflect overall case aily 19 °goals;` and consider other. principles outlined. in this .1 in - 20 section 'ted 21 (6) When out ofhome placement is made, the case aed 22 plan . shall include. docurnentation of the:' provisions han 23 specified =in ubdivisions (b), (c), 'and ` (d)' 'of Section 24 16002, be curt 26 (7) When out-of home placement is made in a foster to 27 family home; group,home or other'child care institution 2::of 28 :that is either a substantial distance from the home of the 29 .child s patent'or out-of-state, the case plan shall specify 30 the reasons.wby tha t placem en t is in the:best'in terests of it of. 31 he.child. :. ices 32 (8) :.,When out of-home services are used; the case plan 33.':,.shall include a recommendation re ardin the g , g the ' " F 34 appropriateness .of unsupervised>-visitation between the* lose 35 , child and any of the child's siblings This recommendation 36 shall":include ,a statement regarding:,the'child's and the. ions 37 `siblings' willingness , .. 'participate in un upervised ,2ing i j: 38 visitation.:If the caste plan includes a recommendation for the 39 unsupervised'sibling visitation; the .plan hal l`:also note for : k 94 i 94- .._..._...._ ,.. .-. .f}�_... ..'. ems..._.. .__. .. ..,. .. -.:.-_., .. _ _ _ .. ..._....._....__._......_.._ H. - - , : - .. ... . - - fin►-s,.:i�./ AB .1544 _ 100 - 1 that information necessary to accomplish this visitation C 2 ' . has been provided to:the child or to;the.child's siblings. 3 _ 4 (9). :When'out of home services are used and.the oal. 9� is reunification, the case plan shall describe:the services r; 6 . to be,..provided't0'aSS1S.t`in_.reun ficat- and" .the services 7 to be provided concurrently to achieve legal permanency 8 if:e_ orts o reuni al Y :0 (10) (A) Parents and legal. :guardians shall have an . :11 oppor-tunty ;to review the case.plan;aign it whenever 12 ossible, and then;shall receive a copy,of the plan: Zn any f P 1 . 13 yoluntaryaervice or placement agreement, the parents oraegal guardians shall be required to.revew and sig the 15 case; plan Whenever' possible, parents and ` legal 16 guardians.shallparticipal.te in the development of the case 17 plan fib (B) Parents arid1jegajr,guardians shall be advised that, 19 pursuant to Section 1228.1.of;the.Evidence;:Code; neither 20. . their:signature:on the child welfare services case plan nor. 21 their- acceptance of any services prescribed`in:the 'cruld 2.2-we eservices case plan hall constitute an admission:of 23 guilt° or be used as evidence, against `the::parent, or legal 24 guardian,in.a court of law `However; they shall also be t' 25 advised that the parent's: or guardian's . failure to 26 cooperate, except.,:for good, cause; in the provision of 27 services specified in the child welfare services:,case plan „ ¢ 28rriay be used in any hearing held pursuant to $ectlon 29 3 as ,.a;.�:, peprt-a1 :36.6.21 or'366.22as;evidence: 32 (11) Tle.case plan shall be included m the court repgrt 33 a1.nd shall be considered by the court,at the initial hearing , 34 . and each review hearing Modifications to the case plan 35 made during.the period between review-hearings:need ; 36; ::not be a roved b the,court if the casework.su ervisor pp y p 37 . .for that case determines that the modifications further 38 the goals of the plan j 39 (g) .If the court finds after consideringahe'case plan; 40 .that unsupervised sibling visitation is appropriate and has 94 l — 101 — AB 1544 1 been consented to ,n , the court shall order that the child or 2 the child's siblings be provided with information 3 necessary to accomplish this visitation. Nothing ,in this ' 4 section shall be .construed to require. or prohibit the . es 5 probation officers facilitation, transportation, or 6 supervision of -kits 'between the child'and his or her es 7 siblings: =Y µ 8 (h) The case plan documentation on sibling 9 placements required under this section shall not require, m of existing case plan:forms,until the,.,Child In 11 Welfare Services CaseManagement . System is er 12 impieniented:on;a statewide basis. iy 13 20 its 14 (i) _The department, In consultation with the County 1e.. 15 . Welfare Directors Association and other advocates; shall 16 develop.standards. and gu de es'for a model relative se ._J 17 placement: .assessment process based on the criteria , 18 established in. Section 361:3. These guidelines shall be at, 19 incorporated in the training described hi Section 16206.. ger 20 SEC 31. In enacting this egislation; it is the intent of nor 21 he.. :Legislature that these provisions result in cost old `22 efficiencies. Any' cost savings resulting from the of. . 23 implementation of these provisions shall only be used to 24 supplement; not supplant, other children's services be Y 25 programs, including children's health and mental_health to � `26 initiatives and child welfare. of 27 lan .:_28, 28 SEC: 32. Notwithstanding Section 17610 of the ion 29 Government Code- if the Commission on State Mandates 30 determines that this act_ contains costs mandated by the ce. 31 state; reimbursement_ to local . agencies :and school 32 districts for those costs`shall be made pursuant to Part 7 Dorf 33 (commencing with Section: 17500) of Division 4 of Title mg 34 2 of`the Government Code. If the tatewide cost of th '1 35 claim for reimbursement does not exceed one million 'ed °36 dollars ($1,000,000), reimbursement shall be made from j isor 37 the State Mandates Clal s Fund her A81-1:"` Notwithstanding Section 17580 of the Government 39 "Code,unless otherwise specified., the provisions of this act, lari has,'. i 94 94 AB 1544 — 102 - -shall 102 —shall become operative on the same dat& that the act 2 takes effect pursuant to the California Constitution. t i f s , . o ,. 94