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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1195Introduced by Assembly Member Quirk-SilvaFebruary 21, 2025 An act to amend Section 362.1 of the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGESTAB 1195, as introduced, Quirk-Silva. Juveniles: incarcerated parent: visitation.Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents 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 the childs parents or guardian, which include that their parent or guardian has been incarcerated or institutionalized and cannot arrange for the care of the minor. Existing law requires, if the parent or guardian is incarcerated or institutionalized, the court to order reasonable services, which may include visitation services, if appropriate, unless the court determines those services would be detrimental to the child.This bill would require any order placing a child in foster care, and ordering reunification services, to include specified provisions if the parent of the dependent child is incarcerated in a county jail, including, among others, that the incarcerated parent is entitled to regularly scheduled, in-person visitation, that the county jail is required to ensure that the incarcerated parent is made available to attend regularly scheduled, in-person visits with their dependent child, and that the child welfare agency and county jail are required to document all scheduled visits and submit that documentation to the court at each hearing in the dependency action. By imposing new duties on child welfare agencies and county jails, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares both of the following:(1) Maintaining the parent-child relationship while a parent is incarcerated reduces emotional trauma for children, improves family reunification outcomes, and decreases recidivism rates.(2) Maintaining family bonds is a critical component of the reunification process and the overall well-being of children in the foster care system.(b) It is, therefore, the intent of the Legislature in enacting this act, to remove barriers that prevent incarcerated parents from participating in their dependent childrens lives and ensures that county jails and child welfare agencies prioritize family connections.SEC. 2. Section 362.1 of the Welfare and Institutions Code is amended to read:362.1. (a) In order to maintain ties between the parent or guardian and any siblings and the child, and to provide information relevant to deciding if, and when, to return a child to the custody of his or her their parent or guardian, or to encourage or suspend sibling interaction, any order placing a child in foster care, and ordering reunification services, shall provide as follows:(1) (A) Subject to subparagraph (B), for visitation between the parent or guardian and the child. Visitation shall be as frequent as possible, consistent with the well-being of the child.(B) No A visitation order shall not jeopardize the safety of the child. To protect the safety of the child, the court may keep the childs address confidential. If the parent of the child has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, and the victim of the murder was the other parent of the child, the court shall order visitation between the child and the parent only if that order would be consistent with Section 3030 of the Family Code.(2) Pursuant to subdivision (b) of Section 16002, for visitation between the child and any siblings, unless the court finds by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of either child.(3) Pursuant to subdivision (c) of Section 16002, for review of the reasons for any suspension of sibling interaction at each periodic review hearing pursuant to Section 366, and for a requirement that, in order for a suspension to continue, the court shall make a renewed finding that sibling interaction is contrary to the safety or well-being of either child.(4) If the child is a teen parent who has custody of his or her their child and that child is not a dependent of the court pursuant to this chapter, for visitation among the teen parent, the childs noncustodial parent, and appropriate family members, unless the court finds by clear and convincing evidence that visitation would be detrimental to the teen parent.(5) If the parent of the child is incarcerated in a county jail and the court has ordered reasonable services to the parent pursuant to subdivision (e) of Section 361.5, all of the following:(A) That the incarcerated parent is entitled to regularly scheduled, in-person visitation and that the county jail shall ensure that the incarcerated parent is made available to attend those regularly scheduled, in-person visits with their dependent child, unless subparagraph (B) applies or the court finds by clear and convincing evidence that in-person visitation between the dependent child and the incarcerated parent would be detrimental to the childs well-being. In determining whether in-person visitation would be detrimental, the court shall consider the factors described in paragraph (1) of subdivision (e) of Section 361.5.(B) If it is not feasible for regularly scheduled, in-person visitation to take place due to logistical or safety concerns at the county jail, that the county jail shall facilitate the incarcerated parents participation in regularly scheduled visitation using videoconferencing technology or telephonic communication.(C) That the child welfare agency shall coordinate with the county jail to ensure that the visitation schedule between the incarcerated parent and the dependent child is maintained and that, to the extent possible, there are no logistical barriers preventing incarcerated parents from participating in regularly scheduled visitation.(D) That the child welfare agency and county jail shall document all scheduled visits, including, but not limited to, any cancellations of, or delays in, regularly scheduled visitation, and include a written explanation for any missed visits. This documentation shall be submitted to the court at each hearing in the dependency action.(E) That the child welfare agency shall ensure the incarcerated parent is notified of their visitation rights, including instructions on how to request visitation, and how to participate in dependency proceedings, in writing, at the commencement of the dependency proceeding, or at the time of their detention, whichever occurs first.(F) That community-based organizations with licensed visitation monitors may facilitate scheduled visits between an incarcerated parent and the dependent child.(b) When reunification services are not ordered pursuant to Section 361.5, the childs plan for legal permanency shall include consideration of the existence of and the relationship with any sibling pursuant to Section 16002, including their impact on placement and visitation.(c) As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.SEC. 3. To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1195Introduced by Assembly Member Quirk-SilvaFebruary 21, 2025 An act to amend Section 362.1 of the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGESTAB 1195, as introduced, Quirk-Silva. Juveniles: incarcerated parent: visitation.Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents 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 the childs parents or guardian, which include that their parent or guardian has been incarcerated or institutionalized and cannot arrange for the care of the minor. Existing law requires, if the parent or guardian is incarcerated or institutionalized, the court to order reasonable services, which may include visitation services, if appropriate, unless the court determines those services would be detrimental to the child.This bill would require any order placing a child in foster care, and ordering reunification services, to include specified provisions if the parent of the dependent child is incarcerated in a county jail, including, among others, that the incarcerated parent is entitled to regularly scheduled, in-person visitation, that the county jail is required to ensure that the incarcerated parent is made available to attend regularly scheduled, in-person visits with their dependent child, and that the child welfare agency and county jail are required to document all scheduled visits and submit that documentation to the court at each hearing in the dependency action. By imposing new duties on child welfare agencies and county jails, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly April 10, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly April 10, 2025 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 1195 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member Quirk-SilvaFebruary 21, 2025 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Quirk-Silva | |
| 18 | 18 | February 21, 2025 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Section 362.1 of the Welfare and Institutions Code, relating to juveniles. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 1195, as | |
| 26 | + | AB 1195, as introduced, Quirk-Silva. Juveniles: incarcerated parent: visitation. | |
| 27 | 27 | ||
| 28 | 28 | Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents 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 the childs parents or guardian, which include that their parent or guardian has been incarcerated or institutionalized and cannot arrange for the care of the minor. Existing law requires, if the parent or guardian is incarcerated or institutionalized, the court to order reasonable services, which may include visitation services, if appropriate, unless the court determines those services would be detrimental to the child.This bill would require any order placing a child in foster care, and ordering reunification services, to include specified provisions if the parent of the dependent child is incarcerated in a county jail, including, among others, that the incarcerated parent is entitled to regularly scheduled, in-person visitation, that the county jail is required to ensure that the incarcerated parent is made available to attend regularly scheduled, in-person visits with their dependent child, and that the child welfare agency and county jail are required to document all scheduled visits and submit that documentation to the court at each hearing in the dependency action. By imposing new duties on child welfare agencies and county jails, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 29 | 29 | ||
| 30 | 30 | Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents 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 the childs parents or guardian, which include that their parent or guardian has been incarcerated or institutionalized and cannot arrange for the care of the minor. Existing law requires, if the parent or guardian is incarcerated or institutionalized, the court to order reasonable services, which may include visitation services, if appropriate, unless the court determines those services would be detrimental to the child. | |
| 31 | 31 | ||
| 32 | 32 | This bill would require any order placing a child in foster care, and ordering reunification services, to include specified provisions if the parent of the dependent child is incarcerated in a county jail, including, among others, that the incarcerated parent is entitled to regularly scheduled, in-person visitation, that the county jail is required to ensure that the incarcerated parent is made available to attend regularly scheduled, in-person visits with their dependent child, and that the child welfare agency and county jail are required to document all scheduled visits and submit that documentation to the court at each hearing in the dependency action. By imposing new duties on child welfare agencies and county jails, this bill would impose a state-mandated local program. | |
| 33 | 33 | ||
| 34 | 34 | 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. | |
| 35 | 35 | ||
| 36 | 36 | This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. | |
| 37 | 37 | ||
| 38 | 38 | With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 39 | 39 | ||
| 40 | 40 | ## Digest Key | |
| 41 | 41 | ||
| 42 | 42 | ## Bill Text | |
| 43 | 43 | ||
| 44 | - | The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares both of the following:(1) Maintaining the parent-child relationship while a parent is incarcerated reduces emotional trauma for children, improves family reunification outcomes, and decreases recidivism rates.(2) Maintaining family bonds is a critical component of the reunification process and the overall well-being of children in the foster care system.(b) It is, therefore, the intent of the Legislature in enacting this act, to remove barriers that prevent incarcerated parents from participating in their dependent childrens lives and ensures that county jails and child welfare agencies prioritize family connections.SEC. 2. Section 362.1 of the Welfare and Institutions Code is amended to read:362.1. (a) In order to maintain ties between the parent or guardian and any siblings and the child, and to provide information relevant to deciding if, and when, to return a child to the custody of their parent or guardian, or to encourage or suspend sibling interaction, any order placing a child in foster care, and ordering reunification services, shall provide as follows:(1) (A) Subject to subparagraph (B), for visitation between the parent or guardian and the child. Visitation shall be as frequent as possible, consistent with the well-being of the child.(B) A visitation order shall not jeopardize the safety of the child. To protect the safety of the child, the court may keep the childs address confidential. If the parent of the child has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, and the victim of the murder was the other parent of the child, the court shall order visitation between the child and the parent only if that order would be consistent with Section 3030 of the Family Code.(2) Pursuant to subdivision (b) of Section 16002, for visitation between the child and any siblings, unless the court finds by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of either child.(3) Pursuant to subdivision (c) of Section 16002, for review of the reasons for any suspension of sibling interaction at each periodic review hearing pursuant to Section 366, and for a requirement that, in order for a suspension to continue, the court shall make a renewed finding that sibling interaction is contrary to the safety or well-being of either child.(4) If the child is a teen parent who has custody of their child and that child is not a dependent of the court pursuant to this chapter, for visitation among the teen parent, the childs noncustodial parent, and appropriate family members, unless the court finds by clear and convincing evidence that visitation would be detrimental to the teen parent.(5) If the parent of the child is incarcerated in a county jail and the court has ordered reasonable services to the parent pursuant to subdivision (e) of Section 361.5, all of the following:(A) That the incarcerated parent is entitled to regularly scheduled, in-person visitation and that the county jail shall ensure that the incarcerated parent is made available to attend those regularly scheduled, in-person visits with their dependent child, unless subparagraph (B) applies or the court finds by clear and convincing evidence that in-person visitation between the dependent child and the incarcerated parent would be detrimental to the childs well-being. In determining whether in-person visitation would be detrimental, the court shall consider the factors described in paragraph (1) of subdivision (e) of Section 361.5.(B) If it is not feasible for regularly scheduled, in-person visitation to take place due to logistical or safety concerns at the county jail, that the county jail shall facilitate the incarcerated parents participation in regularly scheduled visitation using videoconferencing technology or telephonic communication.(C) That the child welfare agency shall coordinate with the county jail to ensure that the visitation schedule between the incarcerated parent and the dependent child is maintained and that, to the extent possible, there are no logistical barriers preventing incarcerated parents from participating in regularly scheduled visitation.(D) That the child welfare agency and county jail shall document all scheduled visits, including, but not limited to, any cancellations of, or delays in, regularly scheduled visitation, and include a written explanation for any missed visits. This documentation shall be submitted to the court at each hearing in the dependency action.(E) That the child welfare agency shall ensure the incarcerated parent is notified of their visitation rights, including instructions on how to request visitation, and how to participate in dependency proceedings, in writing, at the commencement of the dependency proceeding, or at the time of their detention, whichever occurs first.(F) That community-based organizations with licensed visitation monitors may facilitate scheduled visits between an incarcerated parent and the dependent child.(b) When reunification services are not ordered pursuant to Section 361.5, the childs plan for legal permanency shall include consideration of the existence of and the relationship with any sibling pursuant to Section 16002, including their impact on placement and visitation.(c) As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.SEC. 3. To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 44 | + | The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares both of the following:(1) Maintaining the parent-child relationship while a parent is incarcerated reduces emotional trauma for children, improves family reunification outcomes, and decreases recidivism rates.(2) Maintaining family bonds is a critical component of the reunification process and the overall well-being of children in the foster care system.(b) It is, therefore, the intent of the Legislature in enacting this act, to remove barriers that prevent incarcerated parents from participating in their dependent childrens lives and ensures that county jails and child welfare agencies prioritize family connections.SEC. 2. Section 362.1 of the Welfare and Institutions Code is amended to read:362.1. (a) In order to maintain ties between the parent or guardian and any siblings and the child, and to provide information relevant to deciding if, and when, to return a child to the custody of his or her their parent or guardian, or to encourage or suspend sibling interaction, any order placing a child in foster care, and ordering reunification services, shall provide as follows:(1) (A) Subject to subparagraph (B), for visitation between the parent or guardian and the child. Visitation shall be as frequent as possible, consistent with the well-being of the child.(B) No A visitation order shall not jeopardize the safety of the child. To protect the safety of the child, the court may keep the childs address confidential. If the parent of the child has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, and the victim of the murder was the other parent of the child, the court shall order visitation between the child and the parent only if that order would be consistent with Section 3030 of the Family Code.(2) Pursuant to subdivision (b) of Section 16002, for visitation between the child and any siblings, unless the court finds by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of either child.(3) Pursuant to subdivision (c) of Section 16002, for review of the reasons for any suspension of sibling interaction at each periodic review hearing pursuant to Section 366, and for a requirement that, in order for a suspension to continue, the court shall make a renewed finding that sibling interaction is contrary to the safety or well-being of either child.(4) If the child is a teen parent who has custody of his or her their child and that child is not a dependent of the court pursuant to this chapter, for visitation among the teen parent, the childs noncustodial parent, and appropriate family members, unless the court finds by clear and convincing evidence that visitation would be detrimental to the teen parent.(5) If the parent of the child is incarcerated in a county jail and the court has ordered reasonable services to the parent pursuant to subdivision (e) of Section 361.5, all of the following:(A) That the incarcerated parent is entitled to regularly scheduled, in-person visitation and that the county jail shall ensure that the incarcerated parent is made available to attend those regularly scheduled, in-person visits with their dependent child, unless subparagraph (B) applies or the court finds by clear and convincing evidence that in-person visitation between the dependent child and the incarcerated parent would be detrimental to the childs well-being. In determining whether in-person visitation would be detrimental, the court shall consider the factors described in paragraph (1) of subdivision (e) of Section 361.5.(B) If it is not feasible for regularly scheduled, in-person visitation to take place due to logistical or safety concerns at the county jail, that the county jail shall facilitate the incarcerated parents participation in regularly scheduled visitation using videoconferencing technology or telephonic communication.(C) That the child welfare agency shall coordinate with the county jail to ensure that the visitation schedule between the incarcerated parent and the dependent child is maintained and that, to the extent possible, there are no logistical barriers preventing incarcerated parents from participating in regularly scheduled visitation.(D) That the child welfare agency and county jail shall document all scheduled visits, including, but not limited to, any cancellations of, or delays in, regularly scheduled visitation, and include a written explanation for any missed visits. This documentation shall be submitted to the court at each hearing in the dependency action.(E) That the child welfare agency shall ensure the incarcerated parent is notified of their visitation rights, including instructions on how to request visitation, and how to participate in dependency proceedings, in writing, at the commencement of the dependency proceeding, or at the time of their detention, whichever occurs first.(F) That community-based organizations with licensed visitation monitors may facilitate scheduled visits between an incarcerated parent and the dependent child.(b) When reunification services are not ordered pursuant to Section 361.5, the childs plan for legal permanency shall include consideration of the existence of and the relationship with any sibling pursuant to Section 16002, including their impact on placement and visitation.(c) As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent.SEC. 3. To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 45 | 45 | ||
| 46 | 46 | The people of the State of California do enact as follows: | |
| 47 | 47 | ||
| 48 | 48 | ## The people of the State of California do enact as follows: | |
| 49 | 49 | ||
| 50 | 50 | SECTION 1. (a) The Legislature finds and declares both of the following:(1) Maintaining the parent-child relationship while a parent is incarcerated reduces emotional trauma for children, improves family reunification outcomes, and decreases recidivism rates.(2) Maintaining family bonds is a critical component of the reunification process and the overall well-being of children in the foster care system.(b) It is, therefore, the intent of the Legislature in enacting this act, to remove barriers that prevent incarcerated parents from participating in their dependent childrens lives and ensures that county jails and child welfare agencies prioritize family connections. | |
| 51 | 51 | ||
| 52 | 52 | SECTION 1. (a) The Legislature finds and declares both of the following:(1) Maintaining the parent-child relationship while a parent is incarcerated reduces emotional trauma for children, improves family reunification outcomes, and decreases recidivism rates.(2) Maintaining family bonds is a critical component of the reunification process and the overall well-being of children in the foster care system.(b) It is, therefore, the intent of the Legislature in enacting this act, to remove barriers that prevent incarcerated parents from participating in their dependent childrens lives and ensures that county jails and child welfare agencies prioritize family connections. | |
| 53 | 53 | ||
| 54 | 54 | SECTION 1. (a) The Legislature finds and declares both of the following: | |
| 55 | 55 | ||
| 56 | 56 | ### SECTION 1. | |
| 57 | 57 | ||
| 58 | 58 | (1) Maintaining the parent-child relationship while a parent is incarcerated reduces emotional trauma for children, improves family reunification outcomes, and decreases recidivism rates. | |
| 59 | 59 | ||
| 60 | 60 | (2) Maintaining family bonds is a critical component of the reunification process and the overall well-being of children in the foster care system. | |
| 61 | 61 | ||
| 62 | 62 | (b) It is, therefore, the intent of the Legislature in enacting this act, to remove barriers that prevent incarcerated parents from participating in their dependent childrens lives and ensures that county jails and child welfare agencies prioritize family connections. | |
| 63 | 63 | ||
| 64 | - | SEC. 2. Section 362.1 of the Welfare and Institutions Code is amended to read:362.1. (a) In order to maintain ties between the parent or guardian and any siblings and the child, and to provide information relevant to deciding if, and when, to return a child to the custody of their parent or guardian, or to encourage or suspend sibling interaction, any order placing a child in foster care, and ordering reunification services, shall provide as follows:(1) (A) Subject to subparagraph (B), for visitation between the parent or guardian and the child. Visitation shall be as frequent as possible, consistent with the well-being of the child.(B) A visitation order shall not jeopardize the safety of the child. To protect the safety of the child, the court may keep the childs address confidential. If the parent of the child has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, and the victim of the murder was the other parent of the child, the court shall order visitation between the child and the parent only if that order would be consistent with Section 3030 of the Family Code.(2) Pursuant to subdivision (b) of Section 16002, for visitation between the child and any siblings, unless the court finds by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of either child.(3) Pursuant to subdivision (c) of Section 16002, for review of the reasons for any suspension of sibling interaction at each periodic review hearing pursuant to Section 366, and for a requirement that, in order for a suspension to continue, the court shall make a renewed finding that sibling interaction is contrary to the safety or well-being of either child.(4) If the child is a teen parent who has custody of their child and that child is not a dependent of the court pursuant to this chapter, for visitation among the teen parent, the childs noncustodial parent, and appropriate family members, unless the court finds by clear and convincing evidence that visitation would be detrimental to the teen parent.(5) If the parent of the child is incarcerated in a county jail and the court has ordered reasonable services to the parent pursuant to subdivision (e) of Section 361.5, all of the following:(A) That the incarcerated parent is entitled to regularly scheduled, in-person visitation and that the county jail shall ensure that the incarcerated parent is made available to attend those regularly scheduled, in-person visits with their dependent child, unless subparagraph (B) applies or the court finds by clear and convincing evidence that in-person visitation between the dependent child and the incarcerated parent would be detrimental to the childs well-being. In determining whether in-person visitation would be detrimental, the court shall consider the factors described in paragraph (1) of subdivision (e) of Section 361.5.(B) If it is not feasible for regularly scheduled, in-person visitation to take place due to logistical or safety concerns at the county jail, that the county jail shall facilitate the incarcerated parents participation in regularly scheduled visitation using videoconferencing technology or telephonic communication.(C) That the child welfare agency shall coordinate with the county jail to ensure that the visitation schedule between the incarcerated parent and the dependent child is maintained and that, to the extent possible, there are no logistical barriers preventing incarcerated parents from participating in regularly scheduled visitation.(D) That the child welfare agency and county jail shall document all scheduled visits, including, but not limited to, any cancellations of, or delays in, regularly scheduled visitation, and include a written explanation for any missed visits. This documentation shall be submitted to the court at each hearing in the dependency action.(E) That the child welfare agency shall ensure the incarcerated parent is notified of their visitation rights, including instructions on how to request visitation, and how to participate in dependency proceedings, in writing, at the commencement of the dependency proceeding, or at the time of their detention, whichever occurs first.(F) That community-based organizations with licensed visitation monitors may facilitate scheduled visits between an incarcerated parent and the dependent child.(b) When reunification services are not ordered pursuant to Section 361.5, the childs plan for legal permanency shall include consideration of the existence of and the relationship with any sibling pursuant to Section 16002, including their impact on placement and visitation.(c) As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent. | |
| 64 | + | SEC. 2. Section 362.1 of the Welfare and Institutions Code is amended to read:362.1. (a) In order to maintain ties between the parent or guardian and any siblings and the child, and to provide information relevant to deciding if, and when, to return a child to the custody of his or her their parent or guardian, or to encourage or suspend sibling interaction, any order placing a child in foster care, and ordering reunification services, shall provide as follows:(1) (A) Subject to subparagraph (B), for visitation between the parent or guardian and the child. Visitation shall be as frequent as possible, consistent with the well-being of the child.(B) No A visitation order shall not jeopardize the safety of the child. To protect the safety of the child, the court may keep the childs address confidential. If the parent of the child has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, and the victim of the murder was the other parent of the child, the court shall order visitation between the child and the parent only if that order would be consistent with Section 3030 of the Family Code.(2) Pursuant to subdivision (b) of Section 16002, for visitation between the child and any siblings, unless the court finds by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of either child.(3) Pursuant to subdivision (c) of Section 16002, for review of the reasons for any suspension of sibling interaction at each periodic review hearing pursuant to Section 366, and for a requirement that, in order for a suspension to continue, the court shall make a renewed finding that sibling interaction is contrary to the safety or well-being of either child.(4) If the child is a teen parent who has custody of his or her their child and that child is not a dependent of the court pursuant to this chapter, for visitation among the teen parent, the childs noncustodial parent, and appropriate family members, unless the court finds by clear and convincing evidence that visitation would be detrimental to the teen parent.(5) If the parent of the child is incarcerated in a county jail and the court has ordered reasonable services to the parent pursuant to subdivision (e) of Section 361.5, all of the following:(A) That the incarcerated parent is entitled to regularly scheduled, in-person visitation and that the county jail shall ensure that the incarcerated parent is made available to attend those regularly scheduled, in-person visits with their dependent child, unless subparagraph (B) applies or the court finds by clear and convincing evidence that in-person visitation between the dependent child and the incarcerated parent would be detrimental to the childs well-being. In determining whether in-person visitation would be detrimental, the court shall consider the factors described in paragraph (1) of subdivision (e) of Section 361.5.(B) If it is not feasible for regularly scheduled, in-person visitation to take place due to logistical or safety concerns at the county jail, that the county jail shall facilitate the incarcerated parents participation in regularly scheduled visitation using videoconferencing technology or telephonic communication.(C) That the child welfare agency shall coordinate with the county jail to ensure that the visitation schedule between the incarcerated parent and the dependent child is maintained and that, to the extent possible, there are no logistical barriers preventing incarcerated parents from participating in regularly scheduled visitation.(D) That the child welfare agency and county jail shall document all scheduled visits, including, but not limited to, any cancellations of, or delays in, regularly scheduled visitation, and include a written explanation for any missed visits. This documentation shall be submitted to the court at each hearing in the dependency action.(E) That the child welfare agency shall ensure the incarcerated parent is notified of their visitation rights, including instructions on how to request visitation, and how to participate in dependency proceedings, in writing, at the commencement of the dependency proceeding, or at the time of their detention, whichever occurs first.(F) That community-based organizations with licensed visitation monitors may facilitate scheduled visits between an incarcerated parent and the dependent child.(b) When reunification services are not ordered pursuant to Section 361.5, the childs plan for legal permanency shall include consideration of the existence of and the relationship with any sibling pursuant to Section 16002, including their impact on placement and visitation.(c) As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent. | |
| 65 | 65 | ||
| 66 | 66 | SEC. 2. Section 362.1 of the Welfare and Institutions Code is amended to read: | |
| 67 | 67 | ||
| 68 | 68 | ### SEC. 2. | |
| 69 | 69 | ||
| 70 | - | 362.1. (a) In order to maintain ties between the parent or guardian and any siblings and the child, and to provide information relevant to deciding if, and when, to return a child to the custody of their parent or guardian, or to encourage or suspend sibling interaction, any order placing a child in foster care, and ordering reunification services, shall provide as follows:(1) (A) Subject to subparagraph (B), for visitation between the parent or guardian and the child. Visitation shall be as frequent as possible, consistent with the well-being of the child.(B) A visitation order shall not jeopardize the safety of the child. To protect the safety of the child, the court may keep the childs address confidential. If the parent of the child has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, and the victim of the murder was the other parent of the child, the court shall order visitation between the child and the parent only if that order would be consistent with Section 3030 of the Family Code.(2) Pursuant to subdivision (b) of Section 16002, for visitation between the child and any siblings, unless the court finds by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of either child.(3) Pursuant to subdivision (c) of Section 16002, for review of the reasons for any suspension of sibling interaction at each periodic review hearing pursuant to Section 366, and for a requirement that, in order for a suspension to continue, the court shall make a renewed finding that sibling interaction is contrary to the safety or well-being of either child.(4) If the child is a teen parent who has custody of their child and that child is not a dependent of the court pursuant to this chapter, for visitation among the teen parent, the childs noncustodial parent, and appropriate family members, unless the court finds by clear and convincing evidence that visitation would be detrimental to the teen parent.(5) If the parent of the child is incarcerated in a county jail and the court has ordered reasonable services to the parent pursuant to subdivision (e) of Section 361.5, all of the following:(A) That the incarcerated parent is entitled to regularly scheduled, in-person visitation and that the county jail shall ensure that the incarcerated parent is made available to attend those regularly scheduled, in-person visits with their dependent child, unless subparagraph (B) applies or the court finds by clear and convincing evidence that in-person visitation between the dependent child and the incarcerated parent would be detrimental to the childs well-being. In determining whether in-person visitation would be detrimental, the court shall consider the factors described in paragraph (1) of subdivision (e) of Section 361.5.(B) If it is not feasible for regularly scheduled, in-person visitation to take place due to logistical or safety concerns at the county jail, that the county jail shall facilitate the incarcerated parents participation in regularly scheduled visitation using videoconferencing technology or telephonic communication.(C) That the child welfare agency shall coordinate with the county jail to ensure that the visitation schedule between the incarcerated parent and the dependent child is maintained and that, to the extent possible, there are no logistical barriers preventing incarcerated parents from participating in regularly scheduled visitation.(D) That the child welfare agency and county jail shall document all scheduled visits, including, but not limited to, any cancellations of, or delays in, regularly scheduled visitation, and include a written explanation for any missed visits. This documentation shall be submitted to the court at each hearing in the dependency action.(E) That the child welfare agency shall ensure the incarcerated parent is notified of their visitation rights, including instructions on how to request visitation, and how to participate in dependency proceedings, in writing, at the commencement of the dependency proceeding, or at the time of their detention, whichever occurs first.(F) That community-based organizations with licensed visitation monitors may facilitate scheduled visits between an incarcerated parent and the dependent child.(b) When reunification services are not ordered pursuant to Section 361.5, the childs plan for legal permanency shall include consideration of the existence of and the relationship with any sibling pursuant to Section 16002, including their impact on placement and visitation.(c) As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent. | |
| 70 | + | 362.1. (a) In order to maintain ties between the parent or guardian and any siblings and the child, and to provide information relevant to deciding if, and when, to return a child to the custody of his or her their parent or guardian, or to encourage or suspend sibling interaction, any order placing a child in foster care, and ordering reunification services, shall provide as follows:(1) (A) Subject to subparagraph (B), for visitation between the parent or guardian and the child. Visitation shall be as frequent as possible, consistent with the well-being of the child.(B) No A visitation order shall not jeopardize the safety of the child. To protect the safety of the child, the court may keep the childs address confidential. If the parent of the child has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, and the victim of the murder was the other parent of the child, the court shall order visitation between the child and the parent only if that order would be consistent with Section 3030 of the Family Code.(2) Pursuant to subdivision (b) of Section 16002, for visitation between the child and any siblings, unless the court finds by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of either child.(3) Pursuant to subdivision (c) of Section 16002, for review of the reasons for any suspension of sibling interaction at each periodic review hearing pursuant to Section 366, and for a requirement that, in order for a suspension to continue, the court shall make a renewed finding that sibling interaction is contrary to the safety or well-being of either child.(4) If the child is a teen parent who has custody of his or her their child and that child is not a dependent of the court pursuant to this chapter, for visitation among the teen parent, the childs noncustodial parent, and appropriate family members, unless the court finds by clear and convincing evidence that visitation would be detrimental to the teen parent.(5) If the parent of the child is incarcerated in a county jail and the court has ordered reasonable services to the parent pursuant to subdivision (e) of Section 361.5, all of the following:(A) That the incarcerated parent is entitled to regularly scheduled, in-person visitation and that the county jail shall ensure that the incarcerated parent is made available to attend those regularly scheduled, in-person visits with their dependent child, unless subparagraph (B) applies or the court finds by clear and convincing evidence that in-person visitation between the dependent child and the incarcerated parent would be detrimental to the childs well-being. In determining whether in-person visitation would be detrimental, the court shall consider the factors described in paragraph (1) of subdivision (e) of Section 361.5.(B) If it is not feasible for regularly scheduled, in-person visitation to take place due to logistical or safety concerns at the county jail, that the county jail shall facilitate the incarcerated parents participation in regularly scheduled visitation using videoconferencing technology or telephonic communication.(C) That the child welfare agency shall coordinate with the county jail to ensure that the visitation schedule between the incarcerated parent and the dependent child is maintained and that, to the extent possible, there are no logistical barriers preventing incarcerated parents from participating in regularly scheduled visitation.(D) That the child welfare agency and county jail shall document all scheduled visits, including, but not limited to, any cancellations of, or delays in, regularly scheduled visitation, and include a written explanation for any missed visits. This documentation shall be submitted to the court at each hearing in the dependency action.(E) That the child welfare agency shall ensure the incarcerated parent is notified of their visitation rights, including instructions on how to request visitation, and how to participate in dependency proceedings, in writing, at the commencement of the dependency proceeding, or at the time of their detention, whichever occurs first.(F) That community-based organizations with licensed visitation monitors may facilitate scheduled visits between an incarcerated parent and the dependent child.(b) When reunification services are not ordered pursuant to Section 361.5, the childs plan for legal permanency shall include consideration of the existence of and the relationship with any sibling pursuant to Section 16002, including their impact on placement and visitation.(c) As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent. | |
| 71 | 71 | ||
| 72 | - | 362.1. (a) In order to maintain ties between the parent or guardian and any siblings and the child, and to provide information relevant to deciding if, and when, to return a child to the custody of their parent or guardian, or to encourage or suspend sibling interaction, any order placing a child in foster care, and ordering reunification services, shall provide as follows:(1) (A) Subject to subparagraph (B), for visitation between the parent or guardian and the child. Visitation shall be as frequent as possible, consistent with the well-being of the child.(B) A visitation order shall not jeopardize the safety of the child. To protect the safety of the child, the court may keep the childs address confidential. If the parent of the child has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, and the victim of the murder was the other parent of the child, the court shall order visitation between the child and the parent only if that order would be consistent with Section 3030 of the Family Code.(2) Pursuant to subdivision (b) of Section 16002, for visitation between the child and any siblings, unless the court finds by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of either child.(3) Pursuant to subdivision (c) of Section 16002, for review of the reasons for any suspension of sibling interaction at each periodic review hearing pursuant to Section 366, and for a requirement that, in order for a suspension to continue, the court shall make a renewed finding that sibling interaction is contrary to the safety or well-being of either child.(4) If the child is a teen parent who has custody of their child and that child is not a dependent of the court pursuant to this chapter, for visitation among the teen parent, the childs noncustodial parent, and appropriate family members, unless the court finds by clear and convincing evidence that visitation would be detrimental to the teen parent.(5) If the parent of the child is incarcerated in a county jail and the court has ordered reasonable services to the parent pursuant to subdivision (e) of Section 361.5, all of the following:(A) That the incarcerated parent is entitled to regularly scheduled, in-person visitation and that the county jail shall ensure that the incarcerated parent is made available to attend those regularly scheduled, in-person visits with their dependent child, unless subparagraph (B) applies or the court finds by clear and convincing evidence that in-person visitation between the dependent child and the incarcerated parent would be detrimental to the childs well-being. In determining whether in-person visitation would be detrimental, the court shall consider the factors described in paragraph (1) of subdivision (e) of Section 361.5.(B) If it is not feasible for regularly scheduled, in-person visitation to take place due to logistical or safety concerns at the county jail, that the county jail shall facilitate the incarcerated parents participation in regularly scheduled visitation using videoconferencing technology or telephonic communication.(C) That the child welfare agency shall coordinate with the county jail to ensure that the visitation schedule between the incarcerated parent and the dependent child is maintained and that, to the extent possible, there are no logistical barriers preventing incarcerated parents from participating in regularly scheduled visitation.(D) That the child welfare agency and county jail shall document all scheduled visits, including, but not limited to, any cancellations of, or delays in, regularly scheduled visitation, and include a written explanation for any missed visits. This documentation shall be submitted to the court at each hearing in the dependency action.(E) That the child welfare agency shall ensure the incarcerated parent is notified of their visitation rights, including instructions on how to request visitation, and how to participate in dependency proceedings, in writing, at the commencement of the dependency proceeding, or at the time of their detention, whichever occurs first.(F) That community-based organizations with licensed visitation monitors may facilitate scheduled visits between an incarcerated parent and the dependent child.(b) When reunification services are not ordered pursuant to Section 361.5, the childs plan for legal permanency shall include consideration of the existence of and the relationship with any sibling pursuant to Section 16002, including their impact on placement and visitation.(c) As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent. | |
| 72 | + | 362.1. (a) In order to maintain ties between the parent or guardian and any siblings and the child, and to provide information relevant to deciding if, and when, to return a child to the custody of his or her their parent or guardian, or to encourage or suspend sibling interaction, any order placing a child in foster care, and ordering reunification services, shall provide as follows:(1) (A) Subject to subparagraph (B), for visitation between the parent or guardian and the child. Visitation shall be as frequent as possible, consistent with the well-being of the child.(B) No A visitation order shall not jeopardize the safety of the child. To protect the safety of the child, the court may keep the childs address confidential. If the parent of the child has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, and the victim of the murder was the other parent of the child, the court shall order visitation between the child and the parent only if that order would be consistent with Section 3030 of the Family Code.(2) Pursuant to subdivision (b) of Section 16002, for visitation between the child and any siblings, unless the court finds by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of either child.(3) Pursuant to subdivision (c) of Section 16002, for review of the reasons for any suspension of sibling interaction at each periodic review hearing pursuant to Section 366, and for a requirement that, in order for a suspension to continue, the court shall make a renewed finding that sibling interaction is contrary to the safety or well-being of either child.(4) If the child is a teen parent who has custody of his or her their child and that child is not a dependent of the court pursuant to this chapter, for visitation among the teen parent, the childs noncustodial parent, and appropriate family members, unless the court finds by clear and convincing evidence that visitation would be detrimental to the teen parent.(5) If the parent of the child is incarcerated in a county jail and the court has ordered reasonable services to the parent pursuant to subdivision (e) of Section 361.5, all of the following:(A) That the incarcerated parent is entitled to regularly scheduled, in-person visitation and that the county jail shall ensure that the incarcerated parent is made available to attend those regularly scheduled, in-person visits with their dependent child, unless subparagraph (B) applies or the court finds by clear and convincing evidence that in-person visitation between the dependent child and the incarcerated parent would be detrimental to the childs well-being. In determining whether in-person visitation would be detrimental, the court shall consider the factors described in paragraph (1) of subdivision (e) of Section 361.5.(B) If it is not feasible for regularly scheduled, in-person visitation to take place due to logistical or safety concerns at the county jail, that the county jail shall facilitate the incarcerated parents participation in regularly scheduled visitation using videoconferencing technology or telephonic communication.(C) That the child welfare agency shall coordinate with the county jail to ensure that the visitation schedule between the incarcerated parent and the dependent child is maintained and that, to the extent possible, there are no logistical barriers preventing incarcerated parents from participating in regularly scheduled visitation.(D) That the child welfare agency and county jail shall document all scheduled visits, including, but not limited to, any cancellations of, or delays in, regularly scheduled visitation, and include a written explanation for any missed visits. This documentation shall be submitted to the court at each hearing in the dependency action.(E) That the child welfare agency shall ensure the incarcerated parent is notified of their visitation rights, including instructions on how to request visitation, and how to participate in dependency proceedings, in writing, at the commencement of the dependency proceeding, or at the time of their detention, whichever occurs first.(F) That community-based organizations with licensed visitation monitors may facilitate scheduled visits between an incarcerated parent and the dependent child.(b) When reunification services are not ordered pursuant to Section 361.5, the childs plan for legal permanency shall include consideration of the existence of and the relationship with any sibling pursuant to Section 16002, including their impact on placement and visitation.(c) As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent. | |
| 73 | 73 | ||
| 74 | - | 362.1. (a) In order to maintain ties between the parent or guardian and any siblings and the child, and to provide information relevant to deciding if, and when, to return a child to the custody of their parent or guardian, or to encourage or suspend sibling interaction, any order placing a child in foster care, and ordering reunification services, shall provide as follows:(1) (A) Subject to subparagraph (B), for visitation between the parent or guardian and the child. Visitation shall be as frequent as possible, consistent with the well-being of the child.(B) A visitation order shall not jeopardize the safety of the child. To protect the safety of the child, the court may keep the childs address confidential. If the parent of the child has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, and the victim of the murder was the other parent of the child, the court shall order visitation between the child and the parent only if that order would be consistent with Section 3030 of the Family Code.(2) Pursuant to subdivision (b) of Section 16002, for visitation between the child and any siblings, unless the court finds by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of either child.(3) Pursuant to subdivision (c) of Section 16002, for review of the reasons for any suspension of sibling interaction at each periodic review hearing pursuant to Section 366, and for a requirement that, in order for a suspension to continue, the court shall make a renewed finding that sibling interaction is contrary to the safety or well-being of either child.(4) If the child is a teen parent who has custody of their child and that child is not a dependent of the court pursuant to this chapter, for visitation among the teen parent, the childs noncustodial parent, and appropriate family members, unless the court finds by clear and convincing evidence that visitation would be detrimental to the teen parent.(5) If the parent of the child is incarcerated in a county jail and the court has ordered reasonable services to the parent pursuant to subdivision (e) of Section 361.5, all of the following:(A) That the incarcerated parent is entitled to regularly scheduled, in-person visitation and that the county jail shall ensure that the incarcerated parent is made available to attend those regularly scheduled, in-person visits with their dependent child, unless subparagraph (B) applies or the court finds by clear and convincing evidence that in-person visitation between the dependent child and the incarcerated parent would be detrimental to the childs well-being. In determining whether in-person visitation would be detrimental, the court shall consider the factors described in paragraph (1) of subdivision (e) of Section 361.5.(B) If it is not feasible for regularly scheduled, in-person visitation to take place due to logistical or safety concerns at the county jail, that the county jail shall facilitate the incarcerated parents participation in regularly scheduled visitation using videoconferencing technology or telephonic communication.(C) That the child welfare agency shall coordinate with the county jail to ensure that the visitation schedule between the incarcerated parent and the dependent child is maintained and that, to the extent possible, there are no logistical barriers preventing incarcerated parents from participating in regularly scheduled visitation.(D) That the child welfare agency and county jail shall document all scheduled visits, including, but not limited to, any cancellations of, or delays in, regularly scheduled visitation, and include a written explanation for any missed visits. This documentation shall be submitted to the court at each hearing in the dependency action.(E) That the child welfare agency shall ensure the incarcerated parent is notified of their visitation rights, including instructions on how to request visitation, and how to participate in dependency proceedings, in writing, at the commencement of the dependency proceeding, or at the time of their detention, whichever occurs first.(F) That community-based organizations with licensed visitation monitors may facilitate scheduled visits between an incarcerated parent and the dependent child.(b) When reunification services are not ordered pursuant to Section 361.5, the childs plan for legal permanency shall include consideration of the existence of and the relationship with any sibling pursuant to Section 16002, including their impact on placement and visitation.(c) As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent. | |
| 74 | + | 362.1. (a) In order to maintain ties between the parent or guardian and any siblings and the child, and to provide information relevant to deciding if, and when, to return a child to the custody of his or her their parent or guardian, or to encourage or suspend sibling interaction, any order placing a child in foster care, and ordering reunification services, shall provide as follows:(1) (A) Subject to subparagraph (B), for visitation between the parent or guardian and the child. Visitation shall be as frequent as possible, consistent with the well-being of the child.(B) No A visitation order shall not jeopardize the safety of the child. To protect the safety of the child, the court may keep the childs address confidential. If the parent of the child has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, and the victim of the murder was the other parent of the child, the court shall order visitation between the child and the parent only if that order would be consistent with Section 3030 of the Family Code.(2) Pursuant to subdivision (b) of Section 16002, for visitation between the child and any siblings, unless the court finds by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of either child.(3) Pursuant to subdivision (c) of Section 16002, for review of the reasons for any suspension of sibling interaction at each periodic review hearing pursuant to Section 366, and for a requirement that, in order for a suspension to continue, the court shall make a renewed finding that sibling interaction is contrary to the safety or well-being of either child.(4) If the child is a teen parent who has custody of his or her their child and that child is not a dependent of the court pursuant to this chapter, for visitation among the teen parent, the childs noncustodial parent, and appropriate family members, unless the court finds by clear and convincing evidence that visitation would be detrimental to the teen parent.(5) If the parent of the child is incarcerated in a county jail and the court has ordered reasonable services to the parent pursuant to subdivision (e) of Section 361.5, all of the following:(A) That the incarcerated parent is entitled to regularly scheduled, in-person visitation and that the county jail shall ensure that the incarcerated parent is made available to attend those regularly scheduled, in-person visits with their dependent child, unless subparagraph (B) applies or the court finds by clear and convincing evidence that in-person visitation between the dependent child and the incarcerated parent would be detrimental to the childs well-being. In determining whether in-person visitation would be detrimental, the court shall consider the factors described in paragraph (1) of subdivision (e) of Section 361.5.(B) If it is not feasible for regularly scheduled, in-person visitation to take place due to logistical or safety concerns at the county jail, that the county jail shall facilitate the incarcerated parents participation in regularly scheduled visitation using videoconferencing technology or telephonic communication.(C) That the child welfare agency shall coordinate with the county jail to ensure that the visitation schedule between the incarcerated parent and the dependent child is maintained and that, to the extent possible, there are no logistical barriers preventing incarcerated parents from participating in regularly scheduled visitation.(D) That the child welfare agency and county jail shall document all scheduled visits, including, but not limited to, any cancellations of, or delays in, regularly scheduled visitation, and include a written explanation for any missed visits. This documentation shall be submitted to the court at each hearing in the dependency action.(E) That the child welfare agency shall ensure the incarcerated parent is notified of their visitation rights, including instructions on how to request visitation, and how to participate in dependency proceedings, in writing, at the commencement of the dependency proceeding, or at the time of their detention, whichever occurs first.(F) That community-based organizations with licensed visitation monitors may facilitate scheduled visits between an incarcerated parent and the dependent child.(b) When reunification services are not ordered pursuant to Section 361.5, the childs plan for legal permanency shall include consideration of the existence of and the relationship with any sibling pursuant to Section 16002, including their impact on placement and visitation.(c) As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent. | |
| 75 | 75 | ||
| 76 | 76 | ||
| 77 | 77 | ||
| 78 | - | 362.1. (a) In order to maintain ties between the parent or guardian and any siblings and the child, and to provide information relevant to deciding if, and when, to return a child to the custody of their parent or guardian, or to encourage or suspend sibling interaction, any order placing a child in foster care, and ordering reunification services, shall provide as follows: | |
| 78 | + | 362.1. (a) In order to maintain ties between the parent or guardian and any siblings and the child, and to provide information relevant to deciding if, and when, to return a child to the custody of his or her their parent or guardian, or to encourage or suspend sibling interaction, any order placing a child in foster care, and ordering reunification services, shall provide as follows: | |
| 79 | 79 | ||
| 80 | 80 | (1) (A) Subject to subparagraph (B), for visitation between the parent or guardian and the child. Visitation shall be as frequent as possible, consistent with the well-being of the child. | |
| 81 | 81 | ||
| 82 | - | (B) A visitation order shall not jeopardize the safety of the child. To protect the safety of the child, the court may keep the childs address confidential. If the parent of the child has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, and the victim of the murder was the other parent of the child, the court shall order visitation between the child and the parent only if that order would be consistent with Section 3030 of the Family Code. | |
| 82 | + | (B) No A visitation order shall not jeopardize the safety of the child. To protect the safety of the child, the court may keep the childs address confidential. If the parent of the child has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, and the victim of the murder was the other parent of the child, the court shall order visitation between the child and the parent only if that order would be consistent with Section 3030 of the Family Code. | |
| 83 | 83 | ||
| 84 | 84 | (2) Pursuant to subdivision (b) of Section 16002, for visitation between the child and any siblings, unless the court finds by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of either child. | |
| 85 | 85 | ||
| 86 | 86 | (3) Pursuant to subdivision (c) of Section 16002, for review of the reasons for any suspension of sibling interaction at each periodic review hearing pursuant to Section 366, and for a requirement that, in order for a suspension to continue, the court shall make a renewed finding that sibling interaction is contrary to the safety or well-being of either child. | |
| 87 | 87 | ||
| 88 | - | (4) If the child is a teen parent who has custody of their child and that child is not a dependent of the court pursuant to this chapter, for visitation among the teen parent, the childs noncustodial parent, and appropriate family members, unless the court finds by clear and convincing evidence that visitation would be detrimental to the teen parent. | |
| 88 | + | (4) If the child is a teen parent who has custody of his or her their child and that child is not a dependent of the court pursuant to this chapter, for visitation among the teen parent, the childs noncustodial parent, and appropriate family members, unless the court finds by clear and convincing evidence that visitation would be detrimental to the teen parent. | |
| 89 | 89 | ||
| 90 | 90 | (5) If the parent of the child is incarcerated in a county jail and the court has ordered reasonable services to the parent pursuant to subdivision (e) of Section 361.5, all of the following: | |
| 91 | 91 | ||
| 92 | 92 | (A) That the incarcerated parent is entitled to regularly scheduled, in-person visitation and that the county jail shall ensure that the incarcerated parent is made available to attend those regularly scheduled, in-person visits with their dependent child, unless subparagraph (B) applies or the court finds by clear and convincing evidence that in-person visitation between the dependent child and the incarcerated parent would be detrimental to the childs well-being. In determining whether in-person visitation would be detrimental, the court shall consider the factors described in paragraph (1) of subdivision (e) of Section 361.5. | |
| 93 | 93 | ||
| 94 | 94 | (B) If it is not feasible for regularly scheduled, in-person visitation to take place due to logistical or safety concerns at the county jail, that the county jail shall facilitate the incarcerated parents participation in regularly scheduled visitation using videoconferencing technology or telephonic communication. | |
| 95 | 95 | ||
| 96 | 96 | (C) That the child welfare agency shall coordinate with the county jail to ensure that the visitation schedule between the incarcerated parent and the dependent child is maintained and that, to the extent possible, there are no logistical barriers preventing incarcerated parents from participating in regularly scheduled visitation. | |
| 97 | 97 | ||
| 98 | 98 | (D) That the child welfare agency and county jail shall document all scheduled visits, including, but not limited to, any cancellations of, or delays in, regularly scheduled visitation, and include a written explanation for any missed visits. This documentation shall be submitted to the court at each hearing in the dependency action. | |
| 99 | 99 | ||
| 100 | 100 | (E) That the child welfare agency shall ensure the incarcerated parent is notified of their visitation rights, including instructions on how to request visitation, and how to participate in dependency proceedings, in writing, at the commencement of the dependency proceeding, or at the time of their detention, whichever occurs first. | |
| 101 | 101 | ||
| 102 | 102 | (F) That community-based organizations with licensed visitation monitors may facilitate scheduled visits between an incarcerated parent and the dependent child. | |
| 103 | 103 | ||
| 104 | 104 | (b) When reunification services are not ordered pursuant to Section 361.5, the childs plan for legal permanency shall include consideration of the existence of and the relationship with any sibling pursuant to Section 16002, including their impact on placement and visitation. | |
| 105 | 105 | ||
| 106 | 106 | (c) As used in this section, sibling means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent. | |
| 107 | 107 | ||
| 108 | 108 | SEC. 3. To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 109 | 109 | ||
| 110 | 110 | SEC. 3. To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 111 | 111 | ||
| 112 | 112 | SEC. 3. To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution. | |
| 113 | 113 | ||
| 114 | 114 | ### SEC. 3. | |
| 115 | 115 | ||
| 116 | 116 | However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |