Bill Text: CA AB1786 | 2009-2010 | Regular Session | Introduced
Bill Title: Dependent children: review hearings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-11 - From printer. May be heard in committee March 13. [AB1786 Detail]
Download: California-2009-AB1786-Introduced.html
BILL NUMBER: AB 1786 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 10, 2010
An act to amend Section 366.3 of the Welfare and Institutions
Code, relating to dependent children.
LEGISLATIVE COUNSEL'S DIGEST
AB 1786, as introduced, Galgiani. Dependent children: review
hearings.
Existing law requires the court to hold a permanency hearing 12
months after a child enters foster care, and at that hearing, the
court is required to determine the permanent plan for that child.
Existing law, commencing July 1, 2010, and continuing until January
1, 2014, provides that if a juvenile court orders a permanent plan of
adoption, tribal customary adoption, or legal guardianship, that the
court retains jurisdiction over the child until the child is adopted
or the legal guardianship is established, except as provided.
Existing law provides that following establishment of a legal
guardianship, the court is authorized to continue jurisdiction over
the child as a dependent of the juvenile court or terminate its
dependency jurisdiction and retain jurisdiction over the child as a
ward of the legal guardianship.
This bill would make a technical, nonsubstantive change to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 366.3 of the Welfare and Institutions Code, as
amended by Section 17 of Chapter 287 of the Statutes of 2009, is
amended to read:
366.3. (a) If a juvenile court orders a permanent plan of
adoption, tribal customary adoption, or legal guardianship pursuant
to Section 360 or 366.26, the court shall retain jurisdiction over
the child until the child is adopted or the legal guardianship is
established, except as provided for in Section 366.29. The status of
the child shall be reviewed every six months to ensure that the
adoption or legal guardianship is completed as expeditiously as
possible. When the adoption of the child has been granted, or in the
case of a tribal customary adoption, when the tribal customary
adoption order has been afforded full faith and credit and the
petition for adoption has been granted, the court shall terminate its
jurisdiction over the child. Following establishment of a legal
guardianship, the court may continue jurisdiction over the child as a
dependent child of the juvenile court or may
terminate its dependency jurisdiction and retain jurisdiction over
the child as a ward of the legal guardianship, as authorized by
Section 366.4. If, however, a relative of the child is appointed the
legal guardian of the child and the child has been placed with the
relative for at least 12 months, the court shall, except if the
relative guardian objects, or upon a finding of exceptional
circumstances, terminate its dependency jurisdiction and retain
jurisdiction over the child as a ward of the guardianship, as
authorized by Section 366.4. Following a termination of parental
rights, the parent or parents shall not be a party to, or receive
notice of, any subsequent proceedings regarding the child.
(b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact. The court may vacate its previous order dismissing
dependency jurisdiction over the child.
Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a legal guardianship that has been granted pursuant to
Section 360 or 366.26 shall be held either in the juvenile court that
retains jurisdiction over the guardianship as authorized by Section
366.4 or the juvenile court in the county where the guardian and
child currently reside, based on the best interests of the child,
unless the termination is due to the emancipation or adoption of the
child. The juvenile court having jurisdiction over the guardianship
shall receive notice from the court in which the petition is filed
within five calendar days of the filing. Prior to the hearing on a
petition to terminate legal guardianship pursuant to this
subdivision, the court shall order the county department of social
services or welfare department having jurisdiction or jointly with
the county department where the guardian and child currently reside
to prepare a report, for the court's consideration, that shall
include an evaluation of whether the child could safely remain in, or
be returned to, the legal guardian's home, without terminating the
legal guardianship, if services were provided to the child or legal
guardian. If applicable, the report shall also identify recommended
family maintenance or reunification services to maintain the legal
guardianship and set forth a plan for providing those services. If
the petition to terminate legal guardianship is granted, either
juvenile court may resume dependency jurisdiction over the child, and
may order the county department of social services or welfare
department to develop a new permanent plan, which shall be presented
to the court within 60 days of the termination. If no dependency
jurisdiction has attached, the social worker shall make any
investigation he or she deems necessary to determine whether the
child may be within the jurisdiction of the juvenile court, as
provided in Section 328.
Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the legal guardianship
has been revoked or terminated and shall be entitled to participate
in the new permanency planning hearing. The court shall try to place
the child in another permanent placement. At the hearing, the parents
may be considered as custodians but the child shall not be returned
to the parent or parents unless they prove, by a preponderance of the
evidence, that reunification is the best alternative for the child.
The court may, if it is in the best interests of the child, order
that reunification services again be provided to the parent or
parents.
(c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption or, for an Indian child, tribal customary
adoption, may be an appropriate plan for the child, the department
shall so notify the court. The court may vacate its previous order
dismissing dependency jurisdiction over the child and order that a
hearing be held pursuant to Section 366.26 to determine whether
adoption or continued legal guardianship is the most appropriate plan
for the child. The hearing shall be held no later than 120 days from
the date of the order. If the court orders that a hearing shall be
held pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or the
State Department of Social Services if it is acting as an adoption
agency in counties that are not served by a county adoption agency,
to prepare an assessment under subdivision (b) of Section 366.22.
(d) If the child is in a placement other than the home of a legal
guardian and jurisdiction has not been dismissed, the status of the
child shall be reviewed at least every six months. The review of the
status of a child for whom the court has ordered parental rights
terminated and who has been ordered placed for adoption shall be
conducted by the court. The review of the status of a child for whom
the court has not ordered parental rights terminated and who has not
been ordered placed for adoption may be conducted by the court or an
appropriate local agency. The court shall conduct the review under
the following circumstances:
(1) Upon the request of the child's parents or legal guardians.
(2) Upon the request of the child.
(3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the child remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.25, 366.26, or subdivision
(h).
(4) It has been 12 months since a review was conducted by the
court.
The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.
(e) Except as provided in subdivision (g), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
(1) The continuing necessity for, and appropriateness of, the
placement.
(2) Identification of individuals other than the child's siblings
who are important to a child who is 10 years of age or older and has
been in out-of-home placement for six months or longer, and actions
necessary to maintain the child's relationship with those
individuals, provided that those relationships are in the best
interest of the child. The social worker shall ask every child who is
10 years of age or older and who has been in out-of-home placement
for six months or longer to identify individuals other than the child'
s siblings who are important to the child, and may ask any other
child to provide that information, as appropriate. The social worker
shall make efforts to identify other individuals who are important to
the child, consistent with the child's best interests.
(3) The continuing appropriateness and extent of compliance with
the permanent plan for the child, including efforts to maintain
relationships between a child who is 10 years of age or older and who
has been in out-of-home placement for six months or longer and
individuals who are important to the child and efforts to identify a
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.
(4) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts either to return the
child to the safe home of the parent or to complete whatever steps
are necessary to finalize the permanent placement of the child. If
the reviewing body determines that a second period of reunification
services is in the child's best interests, and that there is a
significant likelihood of the child's return to a safe home due to
changed circumstances of the parent, pursuant to subdivision (f), the
specific reunification services required to effect the child's
return to a safe home shall be described.
(5) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions for the child. That
limitation shall be specifically addressed in the court order and may
not exceed what is necessary to protect the child. If the court
specifically limits the right of the parent or guardian to make
educational decisions for the child, the court shall at the same time
appoint a responsible adult to make educational decisions for the
child pursuant to Section 361.
(6) The adequacy of services provided to the child. The court
shall consider the progress in providing the information and
documents to the child, as described in Section 391. The court shall
also consider the need for, and progress in providing, the assistance
and services described in paragraphs (3) and (4) of subdivision (b)
of Section 391.
(7) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.
(8) The likely date by which the child may be returned to, and
safely maintained in, the home, placed for adoption, legal
guardianship, in another planned permanent living arrangement, or,
for an Indian child, in consultation with the child's tribe, placed
for tribal customary adoption.
(9) 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.
The factors the court may consider as indicators of the nature of
the child's sibling relationships include, but are 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.
(10) For a child who is 16 years of age or older, the services
needed to assist the child to make the transition from foster care to
independent living.
The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
(f) Unless their parental rights have been permanently terminated,
the parent or parents of the child are entitled to receive notice
of, and participate in, those hearings. It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child. In those cases, the court may order that further reunification
services to return the child to a safe home environment be provided
to the parent or parents up to a period of six months, and family
maintenance services, as needed for an additional six months in order
to return the child to a safe home environment.
(g) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, or,
for an Indian child for whom parental rights are not being terminated
and a tribal customary adoption is being considered, the county
welfare department shall prepare and present to the court a report
describing the following:
(1) The child's present placement.
(2) The child's current physical, mental, emotional, and
educational status.
(3) If the child has not been placed with a prospective adoptive
parent or guardian, identification of individuals, other than the
child's siblings, who are important to the child and actions
necessary to maintain the child's relationship with those
individuals, provided that those relationships are in the best
interest of the child. The agency shall ask every child who is 10
years of age or older to identify any individuals who are important
to him or her, consistent with the child's best interest, and may ask
any child who is younger than 10 years of age to provide that
information as appropriate. The agency shall make efforts to identify
other individuals who are important to the child.
(4) Whether the child has been placed with a prospective adoptive
parent or parents.
(5) Whether an adoptive placement agreement has been signed and
filed.
(6) If the child has not been placed with a prospective adoptive
parent or parents, the efforts made to identify an appropriate
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.
(7) Whether the final adoption order should include provisions for
postadoptive sibling contact pursuant to Section 366.29.
(8) The progress of the search for an adoptive placement if one
has not been identified.
(9) Any impediments to the adoption or the adoptive placement.
(10) The anticipated date by which the child will be adopted or
placed in an adoptive home.
(11) The anticipated date by which an adoptive placement agreement
will be signed.
(12) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.
The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
(h) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or, for an
Indian child, in consultation with the child's tribe, placed for
tribal customary adoption, or appointed a legal guardian, or, if
compelling reasons exist for finding that none of the foregoing
options are in the best interest of the child, whether the child
should be placed in another planned permanent living arrangement. The
court shall order that a hearing be held pursuant to Section 366.26,
unless it determines by clear and convincing evidence that there is
a compelling reason for determining that a hearing held pursuant to
Section 366.26 is not in the best interest of the child because the
child is being returned to the home of the parent, the child is not a
proper subject for adoption, or no one is willing to accept legal
guardianship. If the licensed county adoption agency, or the
department when it is acting as an adoption agency in counties that
are not served by a county adoption agency, has determined it is
unlikely that the child will be adopted or one of the conditions
described in paragraph (1) of subdivision (c) of Section 366.26
applies, that fact shall constitute a compelling reason for purposes
of this subdivision. Only upon that determination may the court order
that the child remain in foster care, without holding a hearing
pursuant to Section 366.26.
(i) If, as authorized by subdivision (h), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or
the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22. A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption, tribal
customary adoption, legal guardianship, or long-term foster care is
the most appropriate plan for the child.
(j) The implementation and operation of the amendments to
subdivision (e) 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.
(k) The reviews conducted pursuant to subdivision (a) or (d) may
be conducted earlier than every six months if the court determines
that an earlier review is in the best interests of the child or as
court rules prescribe.
(l) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
