Bill Text: CA AB273 | 2023-2024 | Regular Session | Amended

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

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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-Amended.html

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Amended  IN  Senate  June 23, 2023

Amended  IN  Assembly  March 15, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 273

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Introduced by Assembly Member Ramos
(Coauthors: Assembly Members Bryan, Essayli, Gipson, and Blanca Rubio)

January 23, 2023

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An act to amend Section 16501.35 of, and to add Sections 340.2 and 663.2 to, the Welfare and Institutions Code, relating to foster care.

LEGISLATIVE COUNSEL'S DIGEST

AB 273, as amended, 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 subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance to, and a minor under 12 years of age who is alleged to have committed specified serious offenses to, the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court.

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 bill, the Luke Madrigal Act, would, among other things, additionally require the social worker or probation officer, when they receive information that a child receiving child welfare services is absent from foster care to, among other things, engage in ongoing and intensive due diligence efforts, as defined, to locate, place, and stabilize the child, request that the juvenile court schedule a hearing to review the placement and the ongoing and intensive due diligence efforts to locate and return the child, notify specified individuals whose whereabouts are known about the hearing, and prepare, submit, and serve a report at the hearing and any subsequent hearings describing their ongoing and intensive due diligence efforts to locate, place, and stabilize the child. The bill would require the court to consider the safety of the child receiving child welfare services who is 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 due diligence efforts to locate and return the child to a safe placement, and to continue to periodically review their case at least every 30 calendars days, as specified. The bill would define “absent from foster care” to mean when the whereabouts of a child receiving child welfare services is unknown to the county child welfare agency or probation department or when the county child welfare agency or probation department has located the child receiving child welfare services in a location not approved by the court that may pose a risk to the child. The bill would also define “child receiving child welfare services” to include a child or nonminor dependent placed in a specified foster care placement or in the home of an emergency caregiver, and dependents, nonminor dependents, wards, and minors who have been taken into temporary custody pursuant to specified provisions and who are in foster care. 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: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 This act shall be known, and may be cited, as the Luke Madrigal Act.

SECTION 1.SEC. 2.

 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.SEC. 3.

 Section 340.2 is added to the Welfare and Institutions Code, to read:

340.2.

 (a) When a social worker receives information that a child receiving child welfare services is absent from foster care, the social worker shall do all of the following:

(1) Engage in ongoing and intensive due diligence efforts to locate, place, and stabilize the child receiving child welfare services who is absent from foster care.

(2) Request a protective custody order for a child receiving child welfare services who is a minor or file a missing person’s report in the case of a child receiving child welfare services who is a nonminor dependent.

(3) Request that the juvenile court schedule a hearing to review the placement and the ongoing and intensive due diligence efforts to locate and return the child receiving child welfare services who is absent from foster care in no case later than 10 calendar days.

(4) (A) As soon as possible, but at least five court days before the hearing described in paragraph (3), notify all of the following persons whose whereabouts are known about the hearing:

(i) The parents of the child receiving child welfare services, unless such notification has been limited or terminated by the court.

(ii) The legal guardians of the child receiving child welfare services, unless such notification has been limited or terminated by the court.

(iii) The attorney for the parents or legal guardians, if applicable.

(iv) The attorney of record for the child receiving child welfare services.

(v) The court of jurisdiction.

(vi) The tribe or tribal representative of the child receiving child welfare services, if the child is an Indian child, as defined in Section 224.1.

(vii) Any known sibling of the child receiving child welfare services who is required to be notified of a hearing pursuant to paragraph (7) of subdivision (a) of Section 290.1.

(viii) The court-appointed special advocate of the child receiving child welfare services, if one has been appointed.

(B) If the hearing is set to occur in less than five court days, the notice described in subparagraph (A) shall be given at least 24 hours prior to the hearing.

(5) (A) Prepare, submit, and serve a report at the hearing and any subsequent hearings describing their ongoing and intensive due diligence efforts to locate, place, and stabilize the child receiving child welfare services, and comply with this subdivision and all of the requirements specified in Section 16501.35.

(B) To the extent possible, the social worker shall work to address the factors that contributed to the child receiving child welfare services being absent from care in subsequent placements with the child and family team.

(C) Information gathered for purposes of preparing the report described in subparagraph (A) shall be used for purposes of determining treatment needs and developing case plans to support the child receiving child welfare services. Unless otherwise required by law, the information disclosed by the child receiving child welfare services shall not be used as the basis for terminating the dependency jurisdiction of the court, filing a petition pursuant to Section 602, detaining the child receiving child welfare services in juvenile hall, including for their own safety or for purposes of securing treatment or services, or for any purpose other than tailoring services for the child receiving child welfare services.

(6) (A) Upon the return to foster care of the child receiving child welfare services, conduct an in-person interview with the child receiving child welfare services immediately and do all of the following no later than 24 hours after knowledge of the return of the child receiving child welfare services:

(B) Assess and make a plan to address the immediate needs of the child receiving child welfare services.

(C) Document the reasons why the child receiving child welfare services was absent from care and the experiences of the child receiving child welfare services while absent from care.

(D) Assess the appropriate placement of the child receiving child welfare services upon their return.

(b) Upon being notified by the social worker that a child receiving child welfare services is absent from foster care, the clerk of the juvenile court shall set the matter for hearing on the court’s hearing calendar as soon as possible, but no later than 10 court days from the date of that notice.

(c) (1) At the hearing, the court may inquire of interested parties who may be able to provide information leading to the safe return of the child receiving child welfare services who is absent from foster care, and direct the social worker to take appropriate actions to locate the child receiving child welfare services.

(2) The court shall consider the safety of the child receiving child welfare services absent from foster care and shall determine both of the following:

(A) The extent of the activities and compliance of the county with the case plan in making ongoing and intensive due diligence efforts to locate and return the child receiving child welfare services to a safe placement. If it is known, or there is reason to know, that the child receiving child welfare services 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.

(B) The continuing necessity for and appropriateness of the placement when the child receiving child welfare services returns from being absent from foster care.

(d) (1) The court shall continue to periodically review the case of a child receiving child welfare services who is absent from foster care at least every 30 calendar days, in accordance with this section, until the child receiving child welfare services returns from being absent from foster care.

(2) This section does not prohibit the court from reviewing the placement of a child receiving child welfare services and the ongoing and intensive due diligence efforts to locate, stabilize, and return the child receiving child welfare services at a regularly scheduled hearing pursuant to Section 366 if that hearing is held within the timeline established in paragraph (1).

(3) This subdivision does not affect the court’s ability to assume transition jurisdiction over the child receiving child welfare services pursuant to Sections 450 and 451, continue its jurisdiction pursuant to Section 452, or terminate or retain its jurisdiction as otherwise provided by law.

(e) For purposes of this section, the following terms have the following meaning: meanings:

(1) “Absent from foster care” means when the whereabouts of a child receiving child welfare services is unknown to the county child welfare agency or probation department or when the county child welfare agency or probation department has located the child receiving child welfare services in a location not approved by the court that may pose a risk to the child receiving child welfare services, taking into account the age, intelligence, mental functioning, and physical condition of the child receiving child welfare services.

(2) “Child receiving child welfare services” means a child or nonminor dependent placed in a foster care placement described in Section 11402 or in the home of an emergency caregiver pursuant to subdivision (h) of Section 319, and includes dependents, nonminor dependents, and minors who have been taken into temporary custody pursuant to Section 628 who are in foster care.

(3) “Ongoing and intensive due diligence efforts” include, but are not limited to, all of the following:

(A) Directing the caregiver to immediately contact the local law enforcement agency in order to do one of the following, as appropriate:

(i) If the child receiving child welfare services is a nonminor dependent in a supervised independent living placement, file a missing person person’s report and obtain the report number.

(ii) If the circumstances of their disappearance warrant such action, file a missing person person’s report and obtain and document the report number. If the caregiver encounters barriers to filing a report, the social worker shall assist the caregiver in contacting the local law enforcement agency.

(B) As new information is provided and no less frequently than every seven days, contacting parents, legal guardians, nonrelative extended family members, siblings, tribal representatives, former out-of-home caregivers, relatives, current and former service providers, and others with whom the child receiving child welfare services spends time, and in consultation with the caregiver, contact neighbors, friends, current and previous schools and others with whom the child receiving child welfare services spends time.

(C) If the child receiving child welfare services is a nonminor dependent in a supervised independent living placement with roommates, asking any roommates of the nonminor dependent if they know the whereabouts of the nonminor dependent.

(D) For children under 18 years of age, initiating the protective custody warrant process within 24 hours of the time when the social worker learns that the child receiving child welfare services is absent from foster care, unless there is an objection from the attorney of the child receiving child welfare services.

(E) As new information is available, but no less frequently than every 30 calendar days, searching social media accounts of the child receiving child welfare services and known acquaintances and attempt to make contact with the child receiving child welfare services.

(F) As new information is available, but no less than every 30 calendar days, physically checking all places where the child receiving child welfare services is likely to be located.

(G) Reporting to the National Center for Missing and Exploited Children pursuant to the requirements in subdivision (j) of Section 11166 of the Penal Code.

SEC. 3.SEC. 4.

 Section 663.2 is added to the Welfare and Institutions Code, to read:

663.2.

 (a) When a social worker or probation officer receives information that a child receiving child welfare services is absent from foster care, the social worker or probation officer shall do all of the following:

(1) Engage in ongoing and intensive due diligence efforts to locate, place, and stabilize the child receiving child welfare services who is absent from foster care.

(2) Request a protective custody order for a child receiving child welfare services who is a minor or file a missing person’s report in the case of a child receiving child welfare services who is a nonminor dependent.

(3) Request that the juvenile court schedule a hearing to review the placement and the ongoing and intensive due diligence efforts to locate and return the child receiving child welfare services who is absent from foster care in no case later than 10 calendar days.

(4) (A) As soon as possible, but at least five court days before the hearing described in paragraph (3), notify all of the following persons whose whereabouts are known about the hearing:

(i) The parents of the child receiving child welfare services, unless such notification has been limited or terminated by the court.

(ii) The legal guardians of the child receiving child welfare services, unless such notification has been limited or terminated by the court.

(iii) The attorney for the parents or legal guardians, if applicable.

(iv) The attorney or attorneys of record for the child receiving child welfare services.

(v) The court of jurisdiction.

(vi) The tribe or tribal representative of the child receiving child welfare services, if the child is an Indian child, as defined in Section 224.1.

(vii) Any known sibling of the child receiving child welfare services who is required to be notified of a hearing pursuant to paragraph (7) of subdivision (a) of Section 290.1.

(viii) The court-appointed special advocate of the child receiving child welfare services, if one has been appointed.

(B) If the hearing is set to occur in less than five court days, the notice described in subparagraph (A) shall be given at least 24 hours prior to the hearing.

(5) (A) Prepare, submit, and serve a report at the hearing and any subsequent hearings describing their ongoing and intensive due diligence efforts to locate, place, and stabilize the child receiving child welfare services, and comply with this subdivision and all of the requirements specified in Section 16501.35.

(B) To the extent possible, the social worker or probation officer shall work to address the factors that contributed to the child receiving child welfare services being absent from care in subsequent placements with the child and family team.

(C) Information gathered for purposes of preparing the report described in subparagraph (A) shall be used for purposes of determining treatment needs and developing case plans to support the child receiving child welfare services. Unless otherwise required by law, the information disclosed by the child receiving child welfare services shall not be used as the basis for terminating the dependency jurisdiction of the court, filing a petition pursuant to Section 602, detaining the child receiving child welfare services in juvenile hall, including for their own safety or for purposes of securing treatment or services, or for any purpose other than tailoring services for the child receiving child welfare services.

(6) Upon the return to foster care of the child receiving child welfare services, conduct an in-person interview with the child receiving child welfare services immediately and do all of the following no later than 24 hours after knowledge of the return of the child receiving child welfare services:

(A) Assess and make a plan to address the immediate needs of the child receiving child welfare services.

(B) Document the reasons why the child receiving child welfare services was absent from care and the experiences of the child receiving child welfare services while absent from care.

(C) Assess the appropriate placement of the child receiving child welfare services upon their return.

(D) Request the recall of any protective custody warrant requested pursuant to paragraph (2). The social worker or probation officer is not required to detain any child described in this section pending recall of a warrant.

(b) Upon being notified by the social worker or probation officer that a child receiving child welfare services is absent from foster care, the clerk of the juvenile court shall set the matter for hearing on the court’s hearing calendar as soon as possible, but no later than 10 court days from the date of that notice.

(c) (1) At the hearing, the court may inquire of interested parties who may be able to provide information leading to the safe return of the child receiving child welfare services who is absent from foster care, and direct the social worker or probation officer to take appropriate actions to locate the child receiving child welfare services.

(2) (A) The court shall consider the safety of the child receiving child welfare services absent from foster care and shall determine both of the following:

(A)

(i) The extent of the activities and compliance of the county with the case plan in making ongoing and intensive due diligence efforts to locate and return the child receiving child welfare services to a safe placement. If it is known, or there is reason to know, that the child receiving child welfare services 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.

(B)

(ii) The continuing necessity for and appropriateness of the placement when the child receiving child welfare services returns from being absent from foster care.

(B) If the court has issued a protective custody warrant or a bench warrant, the court may order the social worker or probation officer to place, rather than detain, the child if the child returns to care before the court can recall the warrant.

(d) (1) The court shall continue to periodically review the case of a child receiving child welfare services who is absent from foster care at least every 30 calendar days, in accordance with this section, until the child receiving child welfare services returns from being absent from foster care.

(2) This section does not prohibit the court from reviewing the placement of a child receiving child welfare services and the ongoing and intensive due diligence efforts to locate, stabilize, and return the child receiving child welfare services at a regularly scheduled hearing pursuant to Section 366 if that hearing is held within the timeline established in paragraph (1).

(3) This subdivision does not affect the court’s ability to assume transition jurisdiction over the child receiving child welfare services pursuant to Sections 450 and 451, continue its jurisdiction pursuant to Section 452, or terminate or retain its jurisdiction as otherwise provided by law.

(e) For purposes of this section, the following terms have the following meaning: meanings:

(1) “Absent from foster care” means when the whereabouts of a child receiving child welfare services is unknown to the county child welfare agency or probation department or when the county child welfare agency or probation department has located the child receiving child welfare services in a location not approved by the court that may pose a risk to the child receiving child welfare services, taking into account the age, intelligence, mental functioning, and physical condition of the child receiving child welfare services.

(2) “Child receiving child welfare services” means a child or nonminor dependent placed in a foster care placement described in Section 11402 or in the home of an emergency caregiver pursuant to subdivision (h) of Section 319, and includes dependents, nonminor dependents, wards, and minors who have been taken into temporary custody pursuant to Section 628 who are in foster care.

(3) “Ongoing and intensive due diligence efforts” include, but are not limited to, all of the following:

(A) Directing the caregiver to immediately contact the local law enforcement agency in order to do one of the following, as appropriate:

(i) If the child receiving child welfare services is a nonminor dependent in a supervised independent living placement, file a missing person person’s report and obtain the report number.

(ii) If the circumstances of their disappearance warrant such action, file a missing person person’s report and obtain and document the report number.

(B) As new information is provided and no less frequently than every seven days, contacting parents, legal guardians, nonrelative extended family members, siblings, tribal representatives, former out-of-home caregivers, relatives, current and former service providers, and others with whom the child receiving child welfare services spends time, and in consultation with the caregiver, contact neighbors, friends, current and previous schools and others with whom the child receiving child welfare services spends time.

(C) If the child receiving child welfare services is a nonminor dependent in a supervised independent living placement with roommates, asking any roommates of the nonminor dependent if they know the whereabouts of the nonminor dependent.

(D) For children under 18 years of age, initiating the protective custody warrant process within 24 hours of the time when the social worker or probation officer learns that the child receiving child welfare services is absent from foster care, unless there is an objection from the attorney of the child receiving child welfare services.

(E) As new information is available, but no less frequently than every 30 calendar days, searching social media accounts of the child receiving child welfare services and known acquaintances and attempt to make contact with the child receiving child welfare services.

(F) As new information is available, but no less than every 30 calendar days, physically checking all places where the child receiving child welfare services is likely to be located.

SEC. 4.SEC. 5.

 Section 16501.35 of the Welfare and Institutions Code is amended to read:

16501.35.

 (a) 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:

(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 or nonminor dependent absent from foster care. At a minimum, these policies shall do all of the following:

(1) Describe the intensive due diligence efforts used by county child welfare or probation staff to expeditiously locate any child or nonminor dependent 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 requirements of Section 340.2.

(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, unless parental notification has been limited or terminated by the court.

(II) The child’s or nonminor dependent’s legal guardians, unless guardian notification has been limited or terminated by the court.

(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 who is required to be notified of a hearing pursuant to paragraph (7) of subdivision (a) of Section 290.1.

(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 340.2.

SEC. 5.SEC. 6.

 To the extent that this act has an overall effect of increasing the 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 XIII B of the California Constitution.