| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 20, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3161Introduced by Assembly Member PattersonFebruary 16, 2018An act to amend Section 319 of the Welfare and Institutions Code, relating to juveniles. An act to amend Section 16501.5 of the Welfare and Institutions Code, relating to public social services.LEGISLATIVE COUNSEL'S DIGESTAB 3161, as amended, Patterson. Juveniles: dependency. Child Welfare Services Case Management System.Existing law requires the State Department of Social Services to implement a single statewide Child Welfare Services Case Management System to administer and evaluate the states child welfare services and foster care programs.This bill would require the Child Welfare Services Case Management System to include, for cases in which a child welfare services worker is investigating a home for possible abuse or neglect of a child, the option of checking a yes or no box in regard to whether substance abuse is suspected in the home.Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of his or her parents or guardian, and establishes procedures to determine placement of a dependent child.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 16501.5 of the Welfare and Institutions Code is amended to read:16501.5. (a) In order to protect children and effectively administer and evaluate Californias Child Welfare Services and Foster Care programs, the department shall implement a single statewide Child Welfare Services Case Management System no later than July 1, 1993.(b) It is the intent of the Legislature in developing and implementing a statewide Child Welfare Services Case Management System to minimize the administrative and systems barriers which that inhibit the effective provision of services to children and families by applying current technology to the systems which that support the provision and management of child welfare services. Therefore, it is the intent of the Legislature that the Child Welfare Services Case Management System achieve all of the following:(1) Provide child welfare services workers with immediate access to child and family specific information in order to make appropriate and expeditious case decisions.(2) Provide child welfare services workers with the case management information needed to effectively and efficiently manage their caseloads and take appropriate and timely case management actions.(3) Provide state and county child welfare services management with the information needed to monitor and evaluate the accomplishment of child welfare services tasks and goals.(4) Provide all child welfare services agencies with a common data base database and definition of information from which to evaluate the child welfare services programs in terms of the following:(A) Effectiveness in meeting statutory and regulatory mandates, goals, and objectives of the programs.(B) Effectiveness in meeting the needs of the families and children serviced by the program.(C) Projecting and planning for the future needs of the families and children served by the program.(5) Meeting federal statistical reporting requirements with a minimum of duplication of effort.(6) Consolidate the collection and reporting of information for those programs which that are closely related to child welfare services, including foster care and emergency assistance.(7) Utilize the child welfare services functionality defined in current and planned automated systems as the foundation for the development of the technical requirements for the Child Welfare Services Case Management System.(c) It is the intent of the Legislature that the Child Welfare Services Case Management System shall provide the required comprehensive and detailed individual county data needed by the department to implement and monitor the performance standards system.(d) The Child Welfare Services Case Management System shall include, for cases in which a child welfare services worker is investigating a home for possible abuse or neglect of a child, the option of checking a yes or no box in regard to whether substance abuse is suspected in the home.SECTION 1.Section 319 of the Welfare and Institutions Code is amended to read:319.(a)At the initial petition hearing, the court shall examine the childs parents, guardians, or other persons having relevant knowledge and hear the relevant evidence as the child, the childs parents or guardians, the petitioner, or their counsel desires to present. The court may examine the child, as provided for in Section 350.(b)The social worker shall report to the court on the reasons why the child has been removed from the parents physical custody, the need, if any, for continued detention, the available services and the referral methods to those services that may facilitate the return of the child to the custody of the childs parents or guardians, and whether there are any relatives who are able and willing to take temporary physical custody of the child. The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parents or guardians home is contrary to the childs welfare, and any of the following circumstances exist:(1)There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the childs physical or emotional health may be protected without removing the child from the parents or guardians physical custody.(2)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court.(3)The child has left a placement in which he or she was placed by the juvenile court.(4)The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home.(c)If the matter is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parents or guardians home is contrary to the childs welfare at the initial petition hearing or order the release of the child from custody.(d)(1)The court shall also make a determination on the record, referencing the social workers report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from his or her home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be considered for purposes of making this determination are case management, counseling, emergency shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3, Chapter 1 (commencing with Section 17000) of Part 5, and Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention.(2)If the child can be returned to the custody of his or her parent or guardian through the provision of those services, the court shall place the child with his or her parent or guardian and order that the services shall be provided. If the child cannot be returned to the physical custody of his or her parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to Section 361.4.(3)In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of his or her parent would pose a substantial danger or would not pose a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child.(e)If a court orders a child detained, the court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social workers report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the childs welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and his or her family if appropriate.(f)(1)(A)If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days:(i)The home of a relative or a nonrelative extended family member, as defined in Section 362.7, that has been assessed pursuant to Section 361.4.(ii)The approved home of a resource family, as defined in Section 16519.5.(iii)An emergency shelter or other suitable licensed place.(iv)A place exempt from licensure designated by the juvenile court.(B)A runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.(2)Relatives shall be given preferential consideration for placement of the child. As used in this section, relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.(3)When placing in the home of a relative or nonrelative extended family member, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, prior to ordering that the child be placed with a relative or nonrelative extended family member. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment pursuant to Section 361.3 of any relative to be considered for continuing placement.(g)(1)At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter, up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:(A)The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child.(B)The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking.(C)The childs educational and developmental services needs cannot be met without the temporary appointment of a responsible adult.(2)If the court limits the parents educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the childs educational representative before appointing an educational representative or surrogate who is not known to the child.(3)If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the courts decision shall be consistent with the childs individual program plan and pursuant to the provisions of the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services decisions for the child.(4)A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of disposition orders, additional needed limitation on the parents or guardians educational or developmental services rights shall be addressed pursuant to Section 361.(5)This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.(6)If the court appoints a developmental services decisionmaker pursuant to this section, he or she shall have the authority to access the childs information and records pursuant to subdivision (u) of Section 4514 and subdivision (y) of Section 5328, and to act on the childs behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700), and as set forth in the court order. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 20, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3161Introduced by Assembly Member PattersonFebruary 16, 2018An act to amend Section 319 of the Welfare and Institutions Code, relating to juveniles. An act to amend Section 16501.5 of the Welfare and Institutions Code, relating to public social services.LEGISLATIVE COUNSEL'S DIGESTAB 3161, as amended, Patterson. Juveniles: dependency. Child Welfare Services Case Management System.Existing law requires the State Department of Social Services to implement a single statewide Child Welfare Services Case Management System to administer and evaluate the states child welfare services and foster care programs.This bill would require the Child Welfare Services Case Management System to include, for cases in which a child welfare services worker is investigating a home for possible abuse or neglect of a child, the option of checking a yes or no box in regard to whether substance abuse is suspected in the home.Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of his or her parents or guardian, and establishes procedures to determine placement of a dependent child.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 20, 2018 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 17, 2018 | |
| 8 | 7 | Amended IN Assembly March 20, 2018 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 3161 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Assembly Member PattersonFebruary 16, 2018 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Patterson | |
| 17 | 16 | February 16, 2018 | |
| 18 | 17 | ||
| 19 | - | An act to amend Section 16501.5 of | |
| 18 | + | An act to amend Section 319 of the Welfare and Institutions Code, relating to juveniles. An act to amend Section 16501.5 of the Welfare and Institutions Code, relating to public social services. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | - | AB 3161, as amended, Patterson. Child Welfare Services Case Management System. | |
| 24 | + | AB 3161, as amended, Patterson. Juveniles: dependency. Child Welfare Services Case Management System. | |
| 26 | 25 | ||
| 27 | - | Existing law requires the State Department of Social Services to implement a single statewide Child Welfare Services Case Management System to administer and evaluate the states child welfare services and foster care programs.This bill would require the Child Welfare Services Case Management System to include, for cases in which a child welfare services worker is investigating a home for possible abuse or neglect of a child, the option of checking a yes or no box in regard to whether substance abuse is suspected in the home.This bill would | |
| 26 | + | Existing law requires the State Department of Social Services to implement a single statewide Child Welfare Services Case Management System to administer and evaluate the states child welfare services and foster care programs.This bill would require the Child Welfare Services Case Management System to include, for cases in which a child welfare services worker is investigating a home for possible abuse or neglect of a child, the option of checking a yes or no box in regard to whether substance abuse is suspected in the home.Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of his or her parents or guardian, and establishes procedures to determine placement of a dependent child.This bill would make technical, nonsubstantive changes to those provisions. | |
| 28 | 27 | ||
| 29 | 28 | Existing law requires the State Department of Social Services to implement a single statewide Child Welfare Services Case Management System to administer and evaluate the states child welfare services and foster care programs. | |
| 30 | 29 | ||
| 31 | 30 | This bill would require the Child Welfare Services Case Management System to include, for cases in which a child welfare services worker is investigating a home for possible abuse or neglect of a child, the option of checking a yes or no box in regard to whether substance abuse is suspected in the home. | |
| 32 | 31 | ||
| 32 | + | Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of his or her parents or guardian, and establishes procedures to determine placement of a dependent child. | |
| 33 | 33 | ||
| 34 | 34 | ||
| 35 | - | This bill would require the department to submit a report to the Legislature that contains specified information, including the total number of referrals to child welfare services recorded for each year, the percentage of substantiated allegations in which substance use disorder was suspected, and the percentage of substantiated allegations of substance use disorder that resulted in the child or the childs caregiver, or both, seeking voluntary or court-ordered treatment for the substance use disorder. The bill would require the department to submit that report to the Legislature on or before December 31, 2019, and would require the report to include data for all the years from 2010 to 2018, inclusive, as available. The bill would require the department, on January 1, 2020, and annually thereafter, to submit an annual report to the Legislature that includes the above-referenced information for the previous year. | |
| 35 | + | ||
| 36 | + | This bill would make technical, nonsubstantive changes to those provisions. | |
| 37 | + | ||
| 38 | + | ||
| 36 | 39 | ||
| 37 | 40 | ## Digest Key | |
| 38 | 41 | ||
| 39 | 42 | ## Bill Text | |
| 40 | 43 | ||
| 41 | - | The people of the State of California do enact as follows:SECTION 1. Section 16501. | |
| 44 | + | The people of the State of California do enact as follows:SECTION 1. Section 16501.5 of the Welfare and Institutions Code is amended to read:16501.5. (a) In order to protect children and effectively administer and evaluate Californias Child Welfare Services and Foster Care programs, the department shall implement a single statewide Child Welfare Services Case Management System no later than July 1, 1993.(b) It is the intent of the Legislature in developing and implementing a statewide Child Welfare Services Case Management System to minimize the administrative and systems barriers which that inhibit the effective provision of services to children and families by applying current technology to the systems which that support the provision and management of child welfare services. Therefore, it is the intent of the Legislature that the Child Welfare Services Case Management System achieve all of the following:(1) Provide child welfare services workers with immediate access to child and family specific information in order to make appropriate and expeditious case decisions.(2) Provide child welfare services workers with the case management information needed to effectively and efficiently manage their caseloads and take appropriate and timely case management actions.(3) Provide state and county child welfare services management with the information needed to monitor and evaluate the accomplishment of child welfare services tasks and goals.(4) Provide all child welfare services agencies with a common data base database and definition of information from which to evaluate the child welfare services programs in terms of the following:(A) Effectiveness in meeting statutory and regulatory mandates, goals, and objectives of the programs.(B) Effectiveness in meeting the needs of the families and children serviced by the program.(C) Projecting and planning for the future needs of the families and children served by the program.(5) Meeting federal statistical reporting requirements with a minimum of duplication of effort.(6) Consolidate the collection and reporting of information for those programs which that are closely related to child welfare services, including foster care and emergency assistance.(7) Utilize the child welfare services functionality defined in current and planned automated systems as the foundation for the development of the technical requirements for the Child Welfare Services Case Management System.(c) It is the intent of the Legislature that the Child Welfare Services Case Management System shall provide the required comprehensive and detailed individual county data needed by the department to implement and monitor the performance standards system.(d) The Child Welfare Services Case Management System shall include, for cases in which a child welfare services worker is investigating a home for possible abuse or neglect of a child, the option of checking a yes or no box in regard to whether substance abuse is suspected in the home.SECTION 1.Section 319 of the Welfare and Institutions Code is amended to read:319.(a)At the initial petition hearing, the court shall examine the childs parents, guardians, or other persons having relevant knowledge and hear the relevant evidence as the child, the childs parents or guardians, the petitioner, or their counsel desires to present. The court may examine the child, as provided for in Section 350.(b)The social worker shall report to the court on the reasons why the child has been removed from the parents physical custody, the need, if any, for continued detention, the available services and the referral methods to those services that may facilitate the return of the child to the custody of the childs parents or guardians, and whether there are any relatives who are able and willing to take temporary physical custody of the child. The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parents or guardians home is contrary to the childs welfare, and any of the following circumstances exist:(1)There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the childs physical or emotional health may be protected without removing the child from the parents or guardians physical custody.(2)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court.(3)The child has left a placement in which he or she was placed by the juvenile court.(4)The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home.(c)If the matter is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parents or guardians home is contrary to the childs welfare at the initial petition hearing or order the release of the child from custody.(d)(1)The court shall also make a determination on the record, referencing the social workers report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from his or her home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be considered for purposes of making this determination are case management, counseling, emergency shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3, Chapter 1 (commencing with Section 17000) of Part 5, and Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention.(2)If the child can be returned to the custody of his or her parent or guardian through the provision of those services, the court shall place the child with his or her parent or guardian and order that the services shall be provided. If the child cannot be returned to the physical custody of his or her parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to Section 361.4.(3)In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of his or her parent would pose a substantial danger or would not pose a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child.(e)If a court orders a child detained, the court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social workers report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the childs welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and his or her family if appropriate.(f)(1)(A)If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days:(i)The home of a relative or a nonrelative extended family member, as defined in Section 362.7, that has been assessed pursuant to Section 361.4.(ii)The approved home of a resource family, as defined in Section 16519.5.(iii)An emergency shelter or other suitable licensed place.(iv)A place exempt from licensure designated by the juvenile court.(B)A runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.(2)Relatives shall be given preferential consideration for placement of the child. As used in this section, relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.(3)When placing in the home of a relative or nonrelative extended family member, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, prior to ordering that the child be placed with a relative or nonrelative extended family member. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment pursuant to Section 361.3 of any relative to be considered for continuing placement.(g)(1)At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter, up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:(A)The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child.(B)The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking.(C)The childs educational and developmental services needs cannot be met without the temporary appointment of a responsible adult.(2)If the court limits the parents educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the childs educational representative before appointing an educational representative or surrogate who is not known to the child.(3)If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the courts decision shall be consistent with the childs individual program plan and pursuant to the provisions of the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services decisions for the child.(4)A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of disposition orders, additional needed limitation on the parents or guardians educational or developmental services rights shall be addressed pursuant to Section 361.(5)This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.(6)If the court appoints a developmental services decisionmaker pursuant to this section, he or she shall have the authority to access the childs information and records pursuant to subdivision (u) of Section 4514 and subdivision (y) of Section 5328, and to act on the childs behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700), and as set forth in the court order. | |
| 42 | 45 | ||
| 43 | 46 | The people of the State of California do enact as follows: | |
| 44 | 47 | ||
| 45 | 48 | ## The people of the State of California do enact as follows: | |
| 46 | 49 | ||
| 47 | - | SECTION 1. Section 16501. | |
| 50 | + | SECTION 1. Section 16501.5 of the Welfare and Institutions Code is amended to read:16501.5. (a) In order to protect children and effectively administer and evaluate Californias Child Welfare Services and Foster Care programs, the department shall implement a single statewide Child Welfare Services Case Management System no later than July 1, 1993.(b) It is the intent of the Legislature in developing and implementing a statewide Child Welfare Services Case Management System to minimize the administrative and systems barriers which that inhibit the effective provision of services to children and families by applying current technology to the systems which that support the provision and management of child welfare services. Therefore, it is the intent of the Legislature that the Child Welfare Services Case Management System achieve all of the following:(1) Provide child welfare services workers with immediate access to child and family specific information in order to make appropriate and expeditious case decisions.(2) Provide child welfare services workers with the case management information needed to effectively and efficiently manage their caseloads and take appropriate and timely case management actions.(3) Provide state and county child welfare services management with the information needed to monitor and evaluate the accomplishment of child welfare services tasks and goals.(4) Provide all child welfare services agencies with a common data base database and definition of information from which to evaluate the child welfare services programs in terms of the following:(A) Effectiveness in meeting statutory and regulatory mandates, goals, and objectives of the programs.(B) Effectiveness in meeting the needs of the families and children serviced by the program.(C) Projecting and planning for the future needs of the families and children served by the program.(5) Meeting federal statistical reporting requirements with a minimum of duplication of effort.(6) Consolidate the collection and reporting of information for those programs which that are closely related to child welfare services, including foster care and emergency assistance.(7) Utilize the child welfare services functionality defined in current and planned automated systems as the foundation for the development of the technical requirements for the Child Welfare Services Case Management System.(c) It is the intent of the Legislature that the Child Welfare Services Case Management System shall provide the required comprehensive and detailed individual county data needed by the department to implement and monitor the performance standards system.(d) The Child Welfare Services Case Management System shall include, for cases in which a child welfare services worker is investigating a home for possible abuse or neglect of a child, the option of checking a yes or no box in regard to whether substance abuse is suspected in the home. | |
| 48 | 51 | ||
| 49 | - | SECTION 1. Section 16501. | |
| 52 | + | SECTION 1. Section 16501.5 of the Welfare and Institutions Code is amended to read: | |
| 50 | 53 | ||
| 51 | 54 | ### SECTION 1. | |
| 52 | 55 | ||
| 53 | - | 16501. | |
| 56 | + | 16501.5. (a) In order to protect children and effectively administer and evaluate Californias Child Welfare Services and Foster Care programs, the department shall implement a single statewide Child Welfare Services Case Management System no later than July 1, 1993.(b) It is the intent of the Legislature in developing and implementing a statewide Child Welfare Services Case Management System to minimize the administrative and systems barriers which that inhibit the effective provision of services to children and families by applying current technology to the systems which that support the provision and management of child welfare services. Therefore, it is the intent of the Legislature that the Child Welfare Services Case Management System achieve all of the following:(1) Provide child welfare services workers with immediate access to child and family specific information in order to make appropriate and expeditious case decisions.(2) Provide child welfare services workers with the case management information needed to effectively and efficiently manage their caseloads and take appropriate and timely case management actions.(3) Provide state and county child welfare services management with the information needed to monitor and evaluate the accomplishment of child welfare services tasks and goals.(4) Provide all child welfare services agencies with a common data base database and definition of information from which to evaluate the child welfare services programs in terms of the following:(A) Effectiveness in meeting statutory and regulatory mandates, goals, and objectives of the programs.(B) Effectiveness in meeting the needs of the families and children serviced by the program.(C) Projecting and planning for the future needs of the families and children served by the program.(5) Meeting federal statistical reporting requirements with a minimum of duplication of effort.(6) Consolidate the collection and reporting of information for those programs which that are closely related to child welfare services, including foster care and emergency assistance.(7) Utilize the child welfare services functionality defined in current and planned automated systems as the foundation for the development of the technical requirements for the Child Welfare Services Case Management System.(c) It is the intent of the Legislature that the Child Welfare Services Case Management System shall provide the required comprehensive and detailed individual county data needed by the department to implement and monitor the performance standards system.(d) The Child Welfare Services Case Management System shall include, for cases in which a child welfare services worker is investigating a home for possible abuse or neglect of a child, the option of checking a yes or no box in regard to whether substance abuse is suspected in the home. | |
| 54 | 57 | ||
| 55 | - | 16501. | |
| 58 | + | 16501.5. (a) In order to protect children and effectively administer and evaluate Californias Child Welfare Services and Foster Care programs, the department shall implement a single statewide Child Welfare Services Case Management System no later than July 1, 1993.(b) It is the intent of the Legislature in developing and implementing a statewide Child Welfare Services Case Management System to minimize the administrative and systems barriers which that inhibit the effective provision of services to children and families by applying current technology to the systems which that support the provision and management of child welfare services. Therefore, it is the intent of the Legislature that the Child Welfare Services Case Management System achieve all of the following:(1) Provide child welfare services workers with immediate access to child and family specific information in order to make appropriate and expeditious case decisions.(2) Provide child welfare services workers with the case management information needed to effectively and efficiently manage their caseloads and take appropriate and timely case management actions.(3) Provide state and county child welfare services management with the information needed to monitor and evaluate the accomplishment of child welfare services tasks and goals.(4) Provide all child welfare services agencies with a common data base database and definition of information from which to evaluate the child welfare services programs in terms of the following:(A) Effectiveness in meeting statutory and regulatory mandates, goals, and objectives of the programs.(B) Effectiveness in meeting the needs of the families and children serviced by the program.(C) Projecting and planning for the future needs of the families and children served by the program.(5) Meeting federal statistical reporting requirements with a minimum of duplication of effort.(6) Consolidate the collection and reporting of information for those programs which that are closely related to child welfare services, including foster care and emergency assistance.(7) Utilize the child welfare services functionality defined in current and planned automated systems as the foundation for the development of the technical requirements for the Child Welfare Services Case Management System.(c) It is the intent of the Legislature that the Child Welfare Services Case Management System shall provide the required comprehensive and detailed individual county data needed by the department to implement and monitor the performance standards system.(d) The Child Welfare Services Case Management System shall include, for cases in which a child welfare services worker is investigating a home for possible abuse or neglect of a child, the option of checking a yes or no box in regard to whether substance abuse is suspected in the home. | |
| 56 | 59 | ||
| 57 | - | 16501. | |
| 60 | + | 16501.5. (a) In order to protect children and effectively administer and evaluate Californias Child Welfare Services and Foster Care programs, the department shall implement a single statewide Child Welfare Services Case Management System no later than July 1, 1993.(b) It is the intent of the Legislature in developing and implementing a statewide Child Welfare Services Case Management System to minimize the administrative and systems barriers which that inhibit the effective provision of services to children and families by applying current technology to the systems which that support the provision and management of child welfare services. Therefore, it is the intent of the Legislature that the Child Welfare Services Case Management System achieve all of the following:(1) Provide child welfare services workers with immediate access to child and family specific information in order to make appropriate and expeditious case decisions.(2) Provide child welfare services workers with the case management information needed to effectively and efficiently manage their caseloads and take appropriate and timely case management actions.(3) Provide state and county child welfare services management with the information needed to monitor and evaluate the accomplishment of child welfare services tasks and goals.(4) Provide all child welfare services agencies with a common data base database and definition of information from which to evaluate the child welfare services programs in terms of the following:(A) Effectiveness in meeting statutory and regulatory mandates, goals, and objectives of the programs.(B) Effectiveness in meeting the needs of the families and children serviced by the program.(C) Projecting and planning for the future needs of the families and children served by the program.(5) Meeting federal statistical reporting requirements with a minimum of duplication of effort.(6) Consolidate the collection and reporting of information for those programs which that are closely related to child welfare services, including foster care and emergency assistance.(7) Utilize the child welfare services functionality defined in current and planned automated systems as the foundation for the development of the technical requirements for the Child Welfare Services Case Management System.(c) It is the intent of the Legislature that the Child Welfare Services Case Management System shall provide the required comprehensive and detailed individual county data needed by the department to implement and monitor the performance standards system.(d) The Child Welfare Services Case Management System shall include, for cases in which a child welfare services worker is investigating a home for possible abuse or neglect of a child, the option of checking a yes or no box in regard to whether substance abuse is suspected in the home. | |
| 58 | 61 | ||
| 59 | 62 | ||
| 60 | 63 | ||
| 61 | - | 16501. | |
| 64 | + | 16501.5. (a) In order to protect children and effectively administer and evaluate Californias Child Welfare Services and Foster Care programs, the department shall implement a single statewide Child Welfare Services Case Management System no later than July 1, 1993. | |
| 62 | 65 | ||
| 63 | - | ( | |
| 66 | + | (b) It is the intent of the Legislature in developing and implementing a statewide Child Welfare Services Case Management System to minimize the administrative and systems barriers which that inhibit the effective provision of services to children and families by applying current technology to the systems which that support the provision and management of child welfare services. Therefore, it is the intent of the Legislature that the Child Welfare Services Case Management System achieve all of the following: | |
| 64 | 67 | ||
| 65 | - | ( | |
| 68 | + | (1) Provide child welfare services workers with immediate access to child and family specific information in order to make appropriate and expeditious case decisions. | |
| 66 | 69 | ||
| 67 | - | ( | |
| 70 | + | (2) Provide child welfare services workers with the case management information needed to effectively and efficiently manage their caseloads and take appropriate and timely case management actions. | |
| 68 | 71 | ||
| 69 | - | ( | |
| 72 | + | (3) Provide state and county child welfare services management with the information needed to monitor and evaluate the accomplishment of child welfare services tasks and goals. | |
| 70 | 73 | ||
| 71 | - | ( | |
| 74 | + | (4) Provide all child welfare services agencies with a common data base database and definition of information from which to evaluate the child welfare services programs in terms of the following: | |
| 72 | 75 | ||
| 73 | - | ( | |
| 76 | + | (A) Effectiveness in meeting statutory and regulatory mandates, goals, and objectives of the programs. | |
| 74 | 77 | ||
| 75 | - | ( | |
| 78 | + | (B) Effectiveness in meeting the needs of the families and children serviced by the program. | |
| 76 | 79 | ||
| 77 | - | (e) The reports required by this section shall be submitted in compliance with Section 9795 of the Government Code. | |
| 80 | + | (C) Projecting and planning for the future needs of the families and children served by the program. | |
| 81 | + | ||
| 82 | + | (5) Meeting federal statistical reporting requirements with a minimum of duplication of effort. | |
| 83 | + | ||
| 84 | + | (6) Consolidate the collection and reporting of information for those programs which that are closely related to child welfare services, including foster care and emergency assistance. | |
| 85 | + | ||
| 86 | + | (7) Utilize the child welfare services functionality defined in current and planned automated systems as the foundation for the development of the technical requirements for the Child Welfare Services Case Management System. | |
| 87 | + | ||
| 88 | + | (c) It is the intent of the Legislature that the Child Welfare Services Case Management System shall provide the required comprehensive and detailed individual county data needed by the department to implement and monitor the performance standards system. | |
| 89 | + | ||
| 90 | + | (d) The Child Welfare Services Case Management System shall include, for cases in which a child welfare services worker is investigating a home for possible abuse or neglect of a child, the option of checking a yes or no box in regard to whether substance abuse is suspected in the home. | |
| 78 | 91 | ||
| 79 | 92 | ||
| 80 | 93 | ||
| 81 | 94 | ||
| 82 | 95 | ||
| 83 | - | (a) | |
| 96 | + | (a)At the initial petition hearing, the court shall examine the childs parents, guardians, or other persons having relevant knowledge and hear the relevant evidence as the child, the childs parents or guardians, the petitioner, or their counsel desires to present. The court may examine the child, as provided for in Section 350. | |
| 84 | 97 | ||
| 85 | 98 | ||
| 86 | 99 | ||
| 87 | - | (b) | |
| 100 | + | (b)The social worker shall report to the court on the reasons why the child has been removed from the parents physical custody, the need, if any, for continued detention, the available services and the referral methods to those services that may facilitate the return of the child to the custody of the childs parents or guardians, and whether there are any relatives who are able and willing to take temporary physical custody of the child. The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parents or guardians home is contrary to the childs welfare, and any of the following circumstances exist: | |
| 88 | 101 | ||
| 89 | 102 | ||
| 90 | 103 | ||
| 91 | - | (1) | |
| 104 | + | (1)There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the childs physical or emotional health may be protected without removing the child from the parents or guardians physical custody. | |
| 92 | 105 | ||
| 93 | 106 | ||
| 94 | 107 | ||
| 95 | - | (2) | |
| 108 | + | (2)There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court. | |
| 96 | 109 | ||
| 97 | 110 | ||
| 98 | 111 | ||
| 99 | - | (3) | |
| 112 | + | (3)The child has left a placement in which he or she was placed by the juvenile court. | |
| 100 | 113 | ||
| 101 | 114 | ||
| 102 | 115 | ||
| 103 | - | (4) | |
| 116 | + | (4)The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home. | |
| 104 | 117 | ||
| 105 | 118 | ||
| 106 | 119 | ||
| 107 | - | ( | |
| 120 | + | (c)If the matter is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parents or guardians home is contrary to the childs welfare at the initial petition hearing or order the release of the child from custody. | |
| 108 | 121 | ||
| 109 | 122 | ||
| 110 | 123 | ||
| 111 | - | ( | |
| 124 | + | (d)(1)The court shall also make a determination on the record, referencing the social workers report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from his or her home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be considered for purposes of making this determination are case management, counseling, emergency shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3, Chapter 1 (commencing with Section 17000) of Part 5, and Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention. | |
| 112 | 125 | ||
| 113 | 126 | ||
| 114 | 127 | ||
| 115 | - | ( | |
| 128 | + | (2)If the child can be returned to the custody of his or her parent or guardian through the provision of those services, the court shall place the child with his or her parent or guardian and order that the services shall be provided. If the child cannot be returned to the physical custody of his or her parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to Section 361.4. | |
| 116 | 129 | ||
| 117 | 130 | ||
| 118 | 131 | ||
| 119 | - | ( | |
| 132 | + | (3)In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of his or her parent would pose a substantial danger or would not pose a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child. | |
| 120 | 133 | ||
| 121 | 134 | ||
| 122 | 135 | ||
| 123 | - | ( | |
| 136 | + | (e)If a court orders a child detained, the court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social workers report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the childs welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and his or her family if appropriate. | |
| 124 | 137 | ||
| 125 | 138 | ||
| 126 | 139 | ||
| 127 | - | ( | |
| 140 | + | (f)(1)(A)If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days: | |
| 128 | 141 | ||
| 129 | 142 | ||
| 130 | 143 | ||
| 131 | - | ( | |
| 144 | + | (i)The home of a relative or a nonrelative extended family member, as defined in Section 362.7, that has been assessed pursuant to Section 361.4. | |
| 132 | 145 | ||
| 133 | 146 | ||
| 134 | 147 | ||
| 135 | - | (d)The Child Welfare Services Case Management System shall include, for cases in which a child welfare services worker is investigating a home for possible abuse or neglect of a child, the option of checking a yes or no box in regard to whether substance abuse is suspected in the home. | |
| 148 | + | (ii)The approved home of a resource family, as defined in Section 16519.5. | |
| 149 | + | ||
| 150 | + | ||
| 151 | + | ||
| 152 | + | (iii)An emergency shelter or other suitable licensed place. | |
| 153 | + | ||
| 154 | + | ||
| 155 | + | ||
| 156 | + | (iv)A place exempt from licensure designated by the juvenile court. | |
| 157 | + | ||
| 158 | + | ||
| 159 | + | ||
| 160 | + | (B)A runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section. | |
| 161 | + | ||
| 162 | + | ||
| 163 | + | ||
| 164 | + | (2)Relatives shall be given preferential consideration for placement of the child. As used in this section, relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand, or the spouse of any of these persons, even if the marriage was terminated by death or dissolution. | |
| 165 | + | ||
| 166 | + | ||
| 167 | + | ||
| 168 | + | (3)When placing in the home of a relative or nonrelative extended family member, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, prior to ordering that the child be placed with a relative or nonrelative extended family member. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment pursuant to Section 361.3 of any relative to be considered for continuing placement. | |
| 169 | + | ||
| 170 | + | ||
| 171 | + | ||
| 172 | + | (g)(1)At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter, up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found: | |
| 173 | + | ||
| 174 | + | ||
| 175 | + | ||
| 176 | + | (A)The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child. | |
| 177 | + | ||
| 178 | + | ||
| 179 | + | ||
| 180 | + | (B)The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking. | |
| 181 | + | ||
| 182 | + | ||
| 183 | + | ||
| 184 | + | (C)The childs educational and developmental services needs cannot be met without the temporary appointment of a responsible adult. | |
| 185 | + | ||
| 186 | + | ||
| 187 | + | ||
| 188 | + | (2)If the court limits the parents educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the childs educational representative before appointing an educational representative or surrogate who is not known to the child. | |
| 189 | + | ||
| 190 | + | ||
| 191 | + | ||
| 192 | + | (3)If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the courts decision shall be consistent with the childs individual program plan and pursuant to the provisions of the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services decisions for the child. | |
| 193 | + | ||
| 194 | + | ||
| 195 | + | ||
| 196 | + | (4)A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of disposition orders, additional needed limitation on the parents or guardians educational or developmental services rights shall be addressed pursuant to Section 361. | |
| 197 | + | ||
| 198 | + | ||
| 199 | + | ||
| 200 | + | (5)This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court. | |
| 201 | + | ||
| 202 | + | ||
| 203 | + | ||
| 204 | + | (6)If the court appoints a developmental services decisionmaker pursuant to this section, he or she shall have the authority to access the childs information and records pursuant to subdivision (u) of Section 4514 and subdivision (y) of Section 5328, and to act on the childs behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700), and as set forth in the court order. |