Bill Text: CA AB273 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Foster care: missing children and nonminor dependents.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Vetoed) 2024-01-25 - Consideration of Governor's veto stricken from file. [AB273 Detail]
Download: California-2023-AB273-Introduced.html
On or before September 29, 2016, county County child welfare agencies and probation departments shall implement policies and procedures that require social workers and probation officers to do all of the following:
Bill Title: Foster care: missing children and nonminor dependents.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Vetoed) 2024-01-25 - Consideration of Governor's veto stricken from file. [AB273 Detail]
Download: California-2023-AB273-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 273
| Introduced by Assembly Member Ramos |
January 23, 2023 |
An act to amend Section 16501.35 of, and to add Section 366.6 to, the Welfare and Institutions Code, relating to foster care.
LEGISLATIVE COUNSEL'S DIGEST
AB 273, as introduced, Ramos.
Foster care: missing children and nonminor dependents.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness as a result of the failure or inability of their parent or guardian to adequately supervise or protect the child. Existing law requires the court to review the status of every dependent child in foster care periodically, but no less frequently than once every 6 months.
Existing law generally provides for the placement of foster youth in various placement settings and governs the provision of child welfare services, as specified. Existing law requires county child welfare agencies and probation departments to develop and implement specific protocols to expeditiously
locate any child or nonminor dependent missing from foster care, including, but not limited to, the timeframe for reporting missing youth and the individuals or entities entitled to notice that a youth is missing, and requires the social worker or probation officer to determine the primary factors that contributed to the child or nonminor dependent running away or otherwise being absent from care, among other things.
This bill, among other things, would additionally require the social worker or probation officer, when they determine that a child or nonminor dependent is absent from foster care, to provide notification immediately, or in no case later than 24 hours from receipt of the information, to specified persons, including the child’s parents and the local law enforcement agency, and would require the next status review hearing to be held in an expedited manner, but in no case later than one week after the date that the notice is provided. The bill would
require the social worker or probation officer to also serve notice of the hearing and to provide a report at the hearing and any subsequent hearings describing their efforts to locate, place, and stabilize the child or nonminor dependent, as specified. The bill would require the court to consider the safety of the child or nonminor dependent absent from foster care, to determine the extent of the activities and compliance of the county with the case plan in making ongoing and intensive efforts to return the child or nonminor dependent to a safe home, and to continue to periodically review their case at least every 30 days, as specified. The bill would define “absent from foster care” to mean when the whereabouts of a child receiving child welfare services, including dependents or wards in foster care and nonminor dependents, who is placed in foster care are unknown to the county child welfare agency or probation department taking into account the age, intelligence, mental functioning, and physical condition
of the child or nonminor dependent. By increasing the duties of county child welfare agencies and probation departments, this bill would create 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 no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares both of the following:(a) The release of a 2022 audit by the United States Department of Health and Human Services Office of Inspector General showed that there are several barriers and other deficiencies in California agencies’ policies and procedures related to missing foster youth.
(b) It is the intent of the Legislature to create stronger protections for youth who are missing from foster care in order to expeditiously locate them when they are absent from foster care, improve outcomes for missing foster youth, and reduce the number of instances of missing foster youth by doing all of the following:
(1) Creating notification requirements, including notice to tribes, the court, and other interested parties, when a youth is absent from foster care.
(2) Requiring all involved parties to engage in collaborative and timely efforts to locate, place, and stabilize the youth when they return to foster care.
(3) Ensuring there is judicial oversight for the requirements described in paragraphs (1) and (2).
SEC. 2.
Section 366.6 is added to the Welfare and Institutions Code, to read:366.6.
(a) When a social worker or probation officer determines that a child receiving child welfare services, including dependents or wards in foster care and nonminor dependents, is absent from foster care, the next status review hearing required pursuant to Section 366 shall be held in an expedited manner, but in no case later than one week after the date of the notice of a child or nonminor dependent absent from foster care provided pursuant to Section 16501.35, in consultation with the clerk of the juvenile court, who shall set the matter for hearing on the hearing calendar. The social worker or probation officer shall serve notice of the hearing, as follows:(1) Notice shall be given to all of the following persons whose whereabouts are known:
(A) The child’s or nonminor dependent’s parents.
(B) The child’s or nonminor dependent’s legal guardians.
(C) The attorney for the parents or legal guardians.
(D) The child’s or nonminor dependent’s attorney of record.
(E) The court of jurisdiction.
(F) The child’s or nonminor dependent’s tribe or tribal representative, if the child is an Indian child as defined in Section 224.1.
(G) Any known sibling of the child or nonminor dependent.
(2) The notice shall be given to persons described in paragraph
(1) as soon as possible, and at least five days before the hearing, unless the hearing is set to be heard in less than five days, in which case notice shall be given at least 24 hours prior to the hearing.
(b) (1) The social worker or probation officer shall provide a report at the hearing and any subsequent hearings describing their efforts to locate, place, and stabilize the child or nonminor dependent, and all other information described in subdivision (b) of Section 16501.35.
(2) To the extent possible, the social worker or probation officer shall work to address the factors described in paragraph (1) in subsequent placements with the child and family team.
(3) Information gathered for purposes of paragraph (1) shall be used for purposes of determining treatment needs, developing case plans
to support the child or nonminor dependent, and reporting required data to the state on children and nonminor dependents who run away from foster care for federal reporting purposes. Unless otherwise required by law, the information disclosed by the child or nonminor dependent shall not be used to implicate them in a criminal matter or for any purpose other than tailoring services for the child or nonminor dependent.
(c) The court may examine interested parties who may be able to provide information leading to the safe return of the child or nonminor dependent absent from foster care, make decisions regarding actions that shall be initiated to locate the child or nonminor dependent, and determine appropriate actions to be taken for a child or nonminor dependent who has been located.
(d) The court shall consider the safety of the child or nonminor dependent absent from foster care
and shall determine both of the following:
(1) The extent of the activities and compliance of the county with the case plan in making ongoing and intensive efforts to return the child or nonminor dependent to a safe placement. If it is known, or there is reason to know, that the child is an Indian child, as defined by Section 224.1, the court shall also determine whether the county has made active efforts, as defined in Section 224.1 and as described in Section 361.7, to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family.
(2) The continuing necessity for and appropriateness of the placement when the child or nonminor dependent returns from being absent from foster care.
(e) The court shall continue to periodically review the case of a child or nonminor dependent
absent from foster care at least every 30 days, in accordance with this section, until the child or nonminor dependent returns from being missing, turns 21 years of age, or dies.
(f) For purposes of this section, “absent from foster care” means when the whereabouts of a child receiving child welfare services, including dependents or wards in foster care and nonminor dependents, who is placed in foster care are unknown to the county child welfare agency or probation department taking into account the age, intelligence, mental functioning, and physical condition of the child or nonminor dependent.
SEC. 3.
Section 16501.35 of the Welfare and Institutions Code is amended to read:16501.35.
(a)(1) Identify children receiving child welfare services, including dependents or wards in foster care, nonminor dependents, and youth receiving services pursuant to Section 677 of Title 42 of the United States Code, who are, or are at risk of becoming, victims of commercial sexual exploitation.
(2) Document individuals identified pursuant to paragraph (1) in the statewide child welfare information system and any other agency record as determined by the county.
(3) Determine appropriate services for the child or youth identified pursuant to paragraph (1).
(4) Receive relevant training in the identification, documentation, and determination of appropriate services for any child or youth identified in paragraph (1).
(b) County child welfare agencies and probation departments shall develop and implement specific protocols to expeditiously locate any child missing or nonminor dependent absent from foster care.
At a minimum, these policies shall do all of the following:
(1) Describe the due diligence efforts used by county child welfare or probation staff to expeditiously locate any child or nonminor dependent missing from absent from foster care, including, but not limited to, the timeframe for reporting missing youth,
as described in subparagraph (G) of paragraph (2), the individuals or entities entitled to notice that a youth is missing, any required initial and ongoing efforts to locate youth, and plans to return youth to placement.
(2) Require the social worker or probation officer to do all of the following:
(A) Determine the primary factors that contributed to the child or nonminor dependent running away or otherwise being absent from care.
(B) Respond to factors identified in paragraph (2) in subsequent placements, to the extent possible.
(C) Determine the child’s or nonminor dependent’s experiences while absent from care.
(D) Determine whether the child or
nonminor dependent is a possible victim of commercial sexual exploitation.
(E) Document the activities and information described in subparagraphs (A) to (D), inclusive, for federal reporting purposes, consistent with instructions from the department.
(F) Comply with the hearing procedures described in Section 366.6.
(G) When a social worker or probation officer determines that a child or nonminor dependent is absent from foster care, provide notification immediately, or in no case later than 24 hours from receipt of the information, as follows:
(i) Notice shall be given to all of the following persons whose whereabouts are known:
(I) The child’s or nonminor dependent’s parents.
(II) The child’s or nonminor dependent’s legal guardians.
(III) The attorney for the parents or legal guardians.
(IV) The child’s or nonminor dependent’s attorney of record.
(V) The court of jurisdiction via a request for a protective custody warrant or bench warrant.
(VI) The child’s or nonminor dependent’s tribe or tribal representative, if the child is an Indian child, as defined in Section 224.1.
(VII) Any known sibling of the child or nonminor dependent.
(VIII) The local law enforcement agency.
(ii) The notice required pursuant to this subparagraph shall include an agency contact that noticed persons may reach for additional information.
(c) (1) In consultation with stakeholders, including, but not limited to, the County Welfare Directors Association of California, the Chief Probation Officers of California, former foster youth, and child advocacy organizations, the department shall, no later than January 1, 2020, develop model policies, procedures, and protocols to assist the counties to comply with this section. In addition, the department shall consult with the California Department of Education, the State Department of Health Care Services, state and local law
enforcement, and agencies with experience serving children and youth at risk of commercial sexual exploitation in the development of the model policies and procedures described in subdivision (a).
(2) In consultation with stakeholders, including, but not limited to, the County Welfare Directors Association of California, the Chief Probation Officers of California, former foster youth, child advocacy organizations, and tribes in California, the department shall, no later than June 1, 2024, update the model policies, procedures, and protocols specified in paragraph (1) to implement the changes made by the act that added this paragraph. County child welfare agencies and probation departments shall implement the changes to their protocols specified in subdivision (b) no later than January 1, 2025.
(d) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this section through all-county letters or similar instructions until regulations are adopted.
(e) For purposes of this section, “absent from foster care” has the same meaning as that term is used in Section 366.6.
