Bill Text: CA AB1147 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Dependent children: status reports.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2011-10-02 - Vetoed by Governor. [AB1147 Detail]

Download: California-2011-AB1147-Introduced.html

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BILL NUMBER: AB 1147	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Yamada

                        FEBRUARY 18, 2011

   An act to amend Section 366.1 of the Welfare and Institutions
Code, relating to dependent children.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1147, as introduced, Yamada. Dependent children: status
reports.
   Existing law provides that children may become dependent children
of the juvenile court on the basis of abuse or neglect. Existing law
requires a court to review the status of a dependent child no less
than once every 6 months, and requires the county welfare department
or social worker to file a supplemental report that addresses
specified subjects, including whether the social worker has
considered child protective services as a possible solution to the
problems at hand, and has offered those services to qualified
parents.
   This bill would additionally require, if the qualified parent is a
minor in foster care, the supplemental report to specifically set
forth the age and developmentally appropriate services that were
provided to the parent to allow him or her to provide a permanent and
safe home for the child or to facilitate a reunification with the
child. By imposing this additional reporting requirement on county
welfare departments, 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 366.1 of the Welfare and Institutions Code is
amended to read:
   366.1.  Each supplemental report required to be filed pursuant to
Section 366 shall include, but not be limited to, a factual
discussion of each of the following subjects:
   (a) Whether the county welfare department social worker has
considered child protective services, as defined in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9, as a
possible solution to the problems at hand, and has offered those
services to qualified parents, if appropriate under the
circumstances.  If the qualified parent is a minor in foster
care, the supplemental report shall specifically set forth the age
and developmentally appropriate services that were provided to the
parent to   allow him or her to provide a permanent and safe
home for the child or to facilitate a reunification with the child
consistent with Section 16002.5. 
   (b) What plan, if any, for the return and maintenance of the child
in a safe home is recommended to the court by the county welfare
department social worker.
   (c) Whether the subject child appears to be a person who is
eligible to be considered for further court action to free the child
from parental custody and control.
   (d) What actions, if any, have been taken by the parent to correct
the problems that caused the child to be made a dependent child of
the court.
   (e) If the parent or guardian is unwilling or unable to
participate in making an educational decision for his or her child,
or if other circumstances exist that compromise the ability of the
parent or guardian to make educational decisions for the child, the
county welfare department or social worker shall consider whether the
right of the parent or guardian to make educational decisions for
the child should be limited. If the supplemental report makes that
recommendation, the report shall identify whether there is a
responsible adult available to make educational decisions for the
child pursuant to Section 361.
   (f) (1) Whether the child has any siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (A) The nature of the relationship between the child and his or
her siblings.
   (B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
   (D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   (2) The factual discussion shall include a discussion of
indicators of the nature of the child's sibling relationships,
including, but not limited to, whether the siblings were raised
together in the same home, whether the siblings have shared
significant common experiences or have existing close and strong
bonds, whether either sibling expresses a desire to visit or live
with his or her sibling, as applicable, and whether ongoing contact
is in the child's best emotional interests.
   (g) Whether a child who is 10 years of age or older and who has
been in an out-of-home placement for six months or longer has
relationships with individuals other than the child's siblings that
are important to the child, consistent with the child's best
interests, and actions taken to maintain those relationships. The
social worker shall ask every child who is 10 years of age or older
and who has been in an out-of-home placement for six months or longer
to identify any individuals other than the child's siblings who are
important to the child, consistent with the child's best interest.
The social worker may ask any other child to provide that
information, as appropriate.
   (h) The implementation and operation of the amendments to
subdivision (g) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.