BILL NUMBER: AB 1852INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Portantino (Coauthors: Assembly Members Ammiano, Carter, Gilmore, Ruskin, and Villines) FEBRUARY 12, 2010 An act to amend Sections 358.1, 360, and 16206 of the Welfare and Institutions Code, relating to dependent children. LEGISLATIVE COUNSEL'S DIGEST AB 1852, as introduced, Portantino. Dependent children: locating extended family members Existing law requires the juvenile court, after finding that a child is within the jurisdiction of the juvenile court on the basis of abuse or neglect, to hear evidence on the question of the proper disposition to be made of the child. Before determining the appropriate disposition to be made of the child, the court is required to receive into evidence the social study of the child made by the social worker. Existing law also authorizes the juvenile court, in addition to or in lieu of adjudicating the child a dependent child of the court, to appoint a legal guardian of, or order a legal guardianship for, the child, as specified. Existing law requires the court to read and consider a specified assessment before appointing a legal guardian. Existing law additionally establishes a statewide multipurpose child welfare training program, as specified. This bill would revise the social study and the assessment described above to include information regarding whether the county welfare department has attempted to locate relative and nonrelative, as defined, extended family members of the child and establish permanent familial connections between the child and those persons. The bill would also revise the statewide child welfare training program to include training in making efforts to locate extended family members of dependent children and establish permanent familial connections for those children. By increasing the duties of social workers, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 358.1 of the Welfare and Institutions Code, as amended by Section 4 of Chapter 287 of the Statutes of 2009, is amended to read: 358.1. Each social study or evaluation made by a social worker or child advocate appointed by the court, required to be received in evidence pursuant to Section 358, shall include, but not be limited to, a factual discussion of each of the following subjects: (a) Whether the county welfare department or social worker has considered child protective services, as defined in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9, as a possible solution to the problems at hand, and has offered these services to qualified parents if appropriate under the circumstances. (b) What plan, if any, for return of the child to his or her parents and for achieving legal permanence for the child if efforts to reunify fail, is recommended to the court by the county welfare department or probation officer. (c) Whether the best interests of the child will be served by granting reasonable visitation rights with the child to his or her grandparents, in order to maintain and strengthen the child's family relationships. (d) (1) Whether the child has siblings under the court's jurisdiction, and, if any siblings exist, all of the following: (A) The nature of the relationship between the child and his or her siblings. (B) The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002. (C) If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate. (D) If the siblings are not placed together, the frequency and nature of the visits between siblings. (E) The impact of the sibling relationships on the child's placement and planning for legal permanence. (2) The factual discussion shall include a discussion of indicators of the nature of the child's sibling relationships, including, but not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with his or her sibling, as applicable, and whether ongoing contact is in the child's best emotional interest. (e) If the parent or guardian is unwilling or unable to participate in making an educational decision for his or her child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational decisions for the child, the county welfare department or social worker shall consider whether the right of the parent or guardian to make educational decisions for the child should be limited. If the study or evaluation makes that recommendation, it shall identify whether there is a responsible adult available to make educational decisions for the child pursuant to Section 361. (f) Whether the child appears to be a person who is eligible to be considered for further court action to free the child from parental custody and control. (g) Whether the parent has been advised of his or her option to participate in adoption planning, including the option to enter into a postadoption contact agreement as described in Section8714.78616.5 of the Family Code, and to voluntarily relinquish the child for adoption if an adoption agency is willing to accept the relinquishment. (h) The appropriateness of any relative placement pursuant to Section 361.3. However, this consideration may not be cause for continuance of the dispositional hearing. (i) Whether the caregiver desires, and is willing, to provide legal permanency for the child if reunification is unsuccessful. (j) Whether the county welfare department has attempted to locate relative and nonrelative extended family members of the child and establish permanent familial connections between the child and those persons. For purposes of this subdivision, a nonrelative extended family member is defined in Section 362.7.(j)(k) For an Indian child, in consultation with the Indian child's tribe, whether tribal customary adoption is an appropriate permanent plan for the child if reunification is unsuccessful.(k)(l) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date. SEC. 2. Section 358.1 of the Welfare and Institutions Code, as added by Section 5 of Chapter 287 of the Statutes of 2009, is amended to read: 358.1. Each social study or evaluation made by a social worker or child advocate appointed by the court, required to be received in evidence pursuant to Section 358, shall include, but not be limited to, a factual discussion of each of the following subjects: (a) Whether the county welfare department or social worker has considered child protective services, as defined in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9, as a possible solution to the problems at hand, and has offered these services to qualified parents if appropriate under the circumstances. (b) What plan, if any, for return of the child to his or her parents and for achieving legal permanence for the child if efforts to reunify fail, is recommended to the court by the county welfare department or probation officer. (c) Whether the best interests of the child will be served by granting reasonable visitation rights with the child to his or her grandparents, in order to maintain and strengthen the child's family relationships. (d) (1) Whether the child has siblings under the court's jurisdiction, and, if any siblings exist, all of the following: (A) The nature of the relationship between the child and his or her siblings. (B) The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002. (C) If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate. (D) If the siblings are not placed together, the frequency and nature of the visits between siblings. (E) The impact of the sibling relationships on the child's placement and planning for legal permanence. (2) The factual discussion shall include a discussion of indicators of the nature of the child's sibling relationships, including, but not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with his or her sibling, as applicable, and whether ongoing contact is in the child's best emotional interest. (e) If the parent or guardian is unwilling or unable to participate in making an educational decision for his or her child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational decisions for the child, the county welfare department or social worker shall consider whether the right of the parent or guardian to make educational decisions for the child should be limited. If the study or evaluation makes that recommendation, it shall identify whether there is a responsible adult available to make educational decisions for the child pursuant to Section 361. (f) Whether the child appears to be a person who is eligible to be considered for further court action to free the child from parental custody and control. (g) Whether the parent has been advised of his or her option to participate in adoption planning, including the option to enter into a postadoption contact agreement as described in Section8714.78616.5 of the Family Code, and to voluntarily relinquish the child for adoption if an adoption agency is willing to accept the relinquishment. (h) The appropriateness of any relative placement pursuant to Section 361.3. However, this consideration may not be cause for continuance of the dispositional hearing. (i) Whether the caregiver desires, and is willing, to provide legal permanency for the child if reunification is unsuccessful. (j) Whether the county welfare department has attempted to locate relative and nonrelative extended family members of the child and establish permanent familial connections between the child and those persons. For purposes of this subdivision, a nonrelative extended family member is defined in Section 362.7.(j)(k) This section shall become operative on January 1, 2014. SEC. 3. Section 360 of the Welfare and Institutions Code is amended to read: 360. After receiving and considering the evidence on the proper disposition of the case, the juvenile court may enter judgment as follows: (a) Notwithstanding any other provision of law, if the court finds that the child is a person described by Section 300 and the parent has advised the court that the parent is not interested in family maintenance or family reunification services, it may, in addition to or in lieu of adjudicating the child a dependent child of the court, order a legal guardianship, appoint a legal guardian, and issue letters of guardianship, if the court determines that a guardianship is in the best interest of the child, provided the parent and the child agree to the guardianship, unless the child's age or physical, emotional, or mental condition prevents the child's meaningful response. The court shall advise the parent and the child that no reunification services will be provided as a result of the establishment of a guardianship. The proceeding for the appointment of a guardian shall be in the juvenile court. Any application for termination of guardianship shall be filed in juvenile court in a form as may be developed by the Judicial Council pursuant to Section 68511 of the Government Code. Section 388 shall apply to this order of guardianship. No person shall be appointed a legal guardian under this section until an assessment as specified in subdivision (g) of Section 361.5 is read and considered by the court and reflected in the minutes of the court. The assessment shall include the following: (1) Current search efforts for, and notification of, a noncustodial parent in the manner provided in Section 291. (2) A review of the amount of and nature of any contact between the child and his or her parents since the filing of the petition. (3) An evaluation of the child's medical, developmental, scholastic, mental, and emotional status. (4) A preliminary assessment of the eligibility and commitment of any identified prospective guardian, particularly the caretaker, to include a social history including a screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the child's needs, and the understanding of the legal and financial rights and responsibilities of guardianship. (5) The relationship of the child to any identified prospective guardian, the duration and nature of the relationship, the motivation for seeking guardianship, and a statement from the child concerning the guardianship, unless the child's age or physical, emotional, or other condition precludes the child's meaningful response, and if so, a description of the condition. (6) An analysis of the likelihood that the child would be adopted if parental rights were terminated. The person responsible for preparing the assessment may be called and examined by any party to the guardianship proceeding. (7) A report regarding efforts made to locate both relative and nonrelative extended family members of the child and establish permanent familial connections between the child and those persons. For purposes of this paragraph, a nonrelative extended family member is defined in Section 362.7. (b) If the court finds that the child is a person described by Section 300, it may, without adjudicating the child a dependent child of the court, order that services be provided to keep the family together and place the child and the child's parent or guardian under the supervision of the social worker for a time period consistent with Section 301. (c) If the family subsequently is unable or unwilling to cooperate with the services being provided, the social worker may file a petition with the juvenile court pursuant to Section 332 alleging that a previous petition has been sustained and that disposition pursuant to subdivision (b) has been ineffective in ameliorating the situation requiring the child welfare services. Upon hearing the petition, the court shall order either that the petition shall be dismissed or that a new disposition hearing shall be held pursuant to subdivision (d). (d) If the court finds that the child is a person described by Section 300, it may order and adjudge the child to be a dependent child of the court. SEC. 4. Section 16206 of the Welfare and Institutions Code is amended to read: 16206. (a) The purpose of the program is to develop and implement statewide coordinated training programs designed specifically to meet the needs of county child protective services social workers assigned emergency response, family maintenance, family reunification, permanent placement, and adoption responsibilities. It is the intent of the Legislature that the program include training for other agencies under contract with county welfare departments to provide child welfare services. In addition, the program shall provide training programs for persons defined as a mandated reporter pursuant to the Child Abuse and Neglect Reporting Act, Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code. The program shall provide the services required in this section to the extent possible within the total allocation. If allocations are insufficient, the department, in consultation with the grantee or grantees and the Child Welfare Training Advisory Board, shall prioritize the efforts of the program, giving primary attention to the most urgently needed services. County child protective services social workers assigned emergency response responsibilities shall receive first priority for training pursuant to this section. (b) The training program shall provide practice-relevant training for mandated child abuse reporters and all members of the child welfare delivery system that will address critical issues affecting the well-being of children, and shall develop curriculum materials and training resources for use in meeting staff development needs of mandated child abuse reporters and child welfare personnel in public and private agency settings. (c) The training provided pursuant to this section shall include all of the following: (1) Crisis intervention. (2) Investigative techniques. (3) Rules of evidence. (4) Indicators of abuse and neglect. (5) Assessment criteria, including the application of guidelines for assessment of relatives for placement according to the criteria described in Section 361.3. (6) Intervention strategies. (7) Legal requirements of child protection, including requirements of child abuse reporting laws. (8) Case management. (9) Use of community resources. (10) Information regarding the dynamics and effects of domestic violence upon families and children, including indicators and dynamics of teen dating violence. (11) Posttraumatic stress disorder and the causes, symptoms, and treatment of posttraumatic stress disorder in children. (12) The importance of maintaining relationships with individuals who are important to a child in out-of-home placement, including methods to identify those individuals, consistent with the child's best interests, including, but not limited to, asking the child about individuals who are important, and ways to maintain and support those relationships. (13) The legal duties of a child protective services social worker, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment. (d) The training provided pursuant to this section may also include any or all of the following: (1) Child development and parenting. (2) Intake, interviewing, and initial assessment. (3) Casework and treatment. (4) Medical aspects of child abuse and neglect. (e) The training program shall assess the program's performance at least annually and forward it to the State Department of Social Services for an evaluation and report to the Legislative Analyst. The first report shall be forwarded to the Legislative Analyst no later than January 1, 1990, and on the first of January in any subsequent year. The assessment shall include at minimum the following: (1) The number of persons trained. (2) The type of training provided. (3) The degree to which the training is perceived by participants as useful in practice. (f) The training program shall provide practice-relevant training to county child protective services social workers who screen referrals for child abuse or neglect and for all workers assigned to provide emergency response, family maintenance, family reunification, and permanent placement services , and make efforts to locate extended family members of dependent children and establish permanent familial connections for those children . The training shall be developed in consultation with the Child Welfare Training Advisory Board and domestic violence victims' advocates and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators. SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.