16000. (a) It is the intent of the Legislature to preserve and
strengthen a child's family ties whenever possible, removing the
child from the custody of his or her parents only when necessary for
his or her welfare or for the safety and protection of the public. If
a child is removed from the physical custody of his or her parents,
preferential consideration shall be given whenever possible to the
placement of the child with the relative as required by Section 7950
of the Family Code. If the child is removed from his or her own
family, it is the purpose of this chapter to secure as nearly as
possible for the child the custody, care, and discipline equivalent
to that which should have been given to the child by his or her
parents. It is further the intent of the Legislature to reaffirm its
commitment to children who are in out-of-home placement to live in
the least restrictive, most familylike setting and to live as close
to the child's family as possible pursuant to subdivision (c) of
Section 16501.1. Family reunification services shall be provided for
expeditious reunification of the child with his or her family, as
required by law. If reunification is not possible or likely, a
permanent alternative shall be developed.
(b) It is further the intent of the Legislature to ensure that all
pupils in foster care and those who are homeless as defined by the
federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301
et seq.) have the opportunity to meet the challenging state pupil
academic achievement standards to which all pupils are held. In
fulfilling their responsibilities to pupils in foster care,
educators, county placing agencies, care providers, advocates, and
the juvenile courts shall work together to maintain stable school
placements and to ensure that each pupil is placed in the least
restrictive educational programs, and has access to the academic
resources, services, and extracurricular and enrichment activities
that are available to all pupils. In all instances, educational and
school placement decisions must be based on the best interests of the
child.
16000.1. (a) The Legislature finds and declares all of the
following:
(1) The state has a duty to care for and protect the children that
the state places into foster care, and as a matter of public policy,
the state assumes an obligation of the highest order to ensure the
safety of children in foster care.
(2) A judicial order establishing jurisdiction over a child placed
into foster care supplants or limits parental or previous adult
authority.
(3) Nothing in this section is intended to change the balance of
liability between the state and the counties as it existed prior to
the decision of the California Court of Appeal in County of Los
Angeles v. Superior Court of Los Angeles: Real Party in Interest
Terrell R. (2002) 102 Cal.App.4th 627, as established by the decision
of the California Court of Appeal in Scott v. County of Los Angeles
(1994) 27 Cal.App.4th 125. Furthermore, nothing in this section is
intended to increase or decrease the liability of the state as it
existed prior to the Terrell R. case.
(b) (1) It is the intent of the Legislature that nothing in the
decision of the California Court of Appeal in County of Los Angeles
v. Superior Court of Los Angeles: Real Party in Interest Terrell R.
(2002) 102 Cal.App.4th 627, shall be held to change the standards of
liability and immunity for injuries to children in protective custody
that existed prior to that decision.
(2) It is the intent of the Legislature to confirm the state's
duty to comply with all requirements under Part B of Title IV of the
Social Security Act (42 U.S.C. Sec. 620 et seq.) and Part E of Title
IV of the Social Security Act (42 U.S.C. Sec. 670 et seq.) that are
relevant to the protection and welfare of children in foster care.
16000.5. The Legislature finds and declares all of the following:
(a) The Fostering Connections to Success and Increasing Adoptions
Act of 2008 (Public Law 110-351) provides Indian tribes with the
option, effective October 1, 2009, to operate a foster care, adoption
assistance, and, at tribal option, a kinship guardianship assistance
program under Title IV-E of the Social Security Act (42 U.S.C. Sec.
671 et seq.). The federal government will share the costs of a tribe
operating an approved Title IV-E program.
(b) It shall be the policy of the state to maximize the
opportunities for Indian tribes to operate foster care programs for
Indian children pursuant to the federal Fostering Connections to
Success and Increasing Adoptions Act of 2008.
16000.6. The State Department of Social Services shall negotiate in
good faith with the Indian tribe, organization, or consortium in the
state that requests development of an agreement with the state to
administer all or part of the programs under Title IV-E of the Social
Security Act (42 U.S.C. Sec. 671 et seq.) on behalf of the Indian
children who are under the authority of the tribe, organization, or
consortium.
16001. (a) The State Department of Social Services shall provide
technical assistance to encourage and facilitate the county placement
agency's evaluation of placement needs and the development of needed
placement resources and programs. County placement agencies shall,
on a regular basis, conduct an evaluation of the county's placement
resources and programs in relation to the needs of children placed in
out-of-home care. County placement agencies shall examine the
adequacy of existing placement resources and programs and identify
the type of additional placement resources and programs needed. The
county placement agency shall specifically examine placements which
are out of county and shall determine the reason the placement was
necessary, and identify the additional placement resources and
programs which need to be developed and available to allow a child to
remain within the county and as close as possible to his or her
home. The department shall also support the development and operation
of a consortia of county placement agencies on a regional basis for
the purpose of developing specialized programs serving a multicounty
area.
(b) It is the intent of the Legislature that the reason for each
out-of-county and out-of-state placement be included in the Child
Welfare Services Case Management System, and that the State
Department of Social Services utilize that data to evaluate
out-of-county and out-of-state placements and to assist in the
identification of resource and placement needs.
(c) It is the intent of the Legislature that the State Department
of Social Services review the out-of-state placement of children to
determine the reason for out-of-state placement. The department shall
make the information available to the Legislature upon request.
16001.5. The State Department of Social Services shall annually
distribute information declaring the importance of promoting
self-esteem with respect to foster children to all of the following:
(a) Each county independent living program administrator.
(b) Each licensed foster family agency, group home, and small
family home.
(c) Each county welfare department.
(d) Each county director of child protective services.
(e) Each county director of social services.
(f) Each county foster home services director.
(g) The Director of the Community Care Licensing Division of the
State Department of Social Services.
(h) The Director of State Adoptions Branch of the State Department
of Social Services.
16001.7. (a) The department shall promote the participation of
current and former foster youth in the development of state foster
care and child welfare policy. Subject to the availability of funds,
the department shall contract with the California Youth Connection to
provide technical assistance and outreach to current and former
foster youth. In executing this contract, the responsibilities of the
California Youth Connection shall include, but are not limited to,
all of the following:
(1) Providing leadership training to current and former foster
youth between the ages of 14 and 21 years.
(2) Providing outreach and technical assistance to current and
former foster youth to form and maintain California Youth Connection
chapters, including recruiting and training adult volunteer
supporters.
(3) Enabling foster youth to be represented in policy discussions
pertinent to foster care and child welfare issues.
(4) Enhancing the well-being of foster youth and increasing public
understanding of foster care and child welfare issues.
(5) Developing educational materials and forums related to foster
care.
(b) Funds provided to the California Youth Connection pursuant to
the contract shall not be used for activities not allowed under
federal law relating to the receipt of federal financial
participation for independent living services, including, but not
limited to, lobbying and litigation.
16001.9. (a) It is the policy of the state that all children in
foster care shall have the following rights:
(1) To live in a safe, healthy, and comfortable home where he or
she is treated with respect.
(2) To be free from physical, sexual, emotional, or other abuse,
or corporal punishment.
(3) To receive adequate and healthy food, adequate clothing, and,
for youth in group homes, an allowance.
(4) To receive medical, dental, vision, and mental health
services.
(5) To be free of the administration of medication or chemical
substances, unless authorized by a physician.
(6) To contact family members, unless prohibited by court order,
and social workers, attorneys, foster youth advocates and supporters,
Court Appointed Special Advocates (CASAs), and probation officers.
(7) To visit and contact brothers and sisters, unless prohibited
by court order.
(8) To contact the Community Care Licensing Division of the State
Department of Social Services or the State Foster Care Ombudsperson
regarding violations of rights, to speak to representatives of these
offices confidentially, and to be free from threats or punishment for
making complaints.
(9) To make and receive confidential telephone calls and send and
receive unopened mail, unless prohibited by court order.
(10) To attend religious services and activities of his or her
choice.
(11) To maintain an emancipation bank account and manage personal
income, consistent with the child's age and developmental level,
unless prohibited by the case plan.
(12) To not be locked in a room, building, or facility premises,
unless placed in a community treatment facility.
(13) To attend school and participate in extracurricular,
cultural, and personal enrichment activities, consistent with the
child's age and developmental level with minimal disruptions to
school attendance and educational stability.
(14) To work and develop job skills at an age-appropriate level,
consistent with state law.
(15) To have social contacts with people outside of the foster
care system, such as teachers, church members, mentors, and friends.
(16) To attend Independent Living Program classes and activities
if he or she meets age requirements.
(17) To attend court hearings and speak to the judge.
(18) To have storage space for private use.
(19) To be involved in the development of his or her own case plan
and plan for permanent placement.
(20) To review his or her own case plan and plan for permanent
placement, if he or she is 12 years of age or older and in a
permanent placement, and to receive information about his or her
out-of-home placement and case plan, including being told of changes
to the plan.
(21) To be free from unreasonable searches of personal belongings.
(22) To confidentiality of all juvenile court records consistent
with existing law.
(23) To have fair and equal access to all available services,
placement, care, treatment, and benefits, and to not be subjected to
discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or
physical disability, or HIV status.
(24) At 16 years of age or older, to have access to existing
information regarding the educational options available, including,
but not limited to, the coursework necessary for vocational and
postsecondary educational programs, and information regarding
financial aid for postsecondary education.
(b) Nothing in this section shall be interpreted to require a
foster care provider to take any action that would impair the health
and safety of children in out-of-home placement.
(c) The State Department of Social Services and each county
welfare department are encouraged to work with the Student Aid
Commission, the University of California, the California State
University, and the California Community Colleges to receive
information pursuant to paragraph (23) of subdivision (a).
16002. (a) It is the intent of the Legislature to maintain the
continuity of the family unit, and ensure the preservation and
strengthening of the child's family ties by ensuring that when
siblings have been removed from their home, either as a group on one
occurrence or individually on separate occurrences, the siblings will
be placed in foster care together, unless it has been determined
that placement together is contrary to the safety or well-being of
any sibling. The Legislature recognizes that in order to ensure the
placement of a sibling group in the same foster care placement,
placement resources need to be expanded.
(b) The responsible local agency shall make a diligent effort in
all out-of-home placements of dependent children, including those
with relatives, to place siblings together in the same placement, and
to develop and maintain sibling relationships. If siblings are not
placed together in the same home, the social worker shall explain why
the siblings are not placed together and what efforts he or she is
making to place the siblings together or why making those efforts
would be contrary to the safety and well-being of any of the
siblings. When placement of siblings together in the same home is not
possible, a diligent effort shall be made, and a case plan prepared,
to provide for ongoing and frequent interaction among siblings until
family reunification is achieved, or, if parental rights are
terminated, as part of developing the permanent plan for the child.
If the court determines by clear and convincing evidence that sibling
interaction is contrary to the safety and well-being of any of the
siblings, the reasons for the determination shall be noted in the
court order, and interaction shall be suspended.
(c) When there has been a judicial suspension of sibling
interaction, the reasons for the suspension shall be reviewed at each
periodic review hearing pursuant to Section 366. When the court
determines that sibling interaction can be safely resumed, that
determination shall be noted in the court order and the case plan
shall be revised to provide for sibling interaction.
(d) If the case plan for the child has provisions for sibling
interaction, the child, or his or her parent or legal guardian shall
have the right to comment on those provisions. If a person wishes to
assert a sibling relationship with a dependent child, he or she may
file a petition in the juvenile court having jurisdiction over the
dependent child pursuant to subdivision (b) of Section 388.
(e) If parental rights are terminated and the court orders a
dependent child to be placed for adoption, the licensed county
adoption agency or the State Department of Social Services shall take
all of the following steps to facilitate ongoing sibling contact,
except in those cases provided in subdivision (b) where the court
determines by clear and convincing evidence that sibling interaction
is contrary to the safety or well-being of the child:
(1) Include in training provided to prospective adoptive parents
information about the importance of sibling relationships to the
adopted child and counseling on methods for maintaining sibling
relationships.
(2) Provide prospective adoptive parents with information about
siblings of the child, except the address where the siblings of the
children reside. However, this address may be disclosed by court
order for good cause shown.
(3) Encourage prospective adoptive parents to make a plan for
facilitating postadoptive contact between the child who is the
subject of a petition for adoption and any siblings of this child.
(f) Information regarding sibling interaction, contact, or
visitation that has been authorized or ordered by the court shall be
provided to the foster parent, relative caretaker, or legal guardian
of the child as soon as possible after the court order is made, in
order to facilitate the interaction, contact, or visitation.
(g) As used in this section, "sibling" means a child related to
another person by blood, adoption, or affinity through a common legal
or biological parent.
(h) The court documentation on sibling placements required under
this section shall not require the modification of existing court
order forms until the Child Welfare Services Case Management System
is implemented on a statewide basis.
16002.5. It is the intent of the Legislature to maintain the
continuity of the family unit and to support and preserve families
headed by minor parents who are themselves dependents of the juvenile
court by ensuring that minor parents and their children are placed
together in as family-like a setting as possible, unless it has been
determined that placement together poses a risk to the child.
(a) To the greatest extent possible, dependent minor parents and
their children living in foster care shall be provided with access to
existing services for which they may be eligible, that are
specifically targeted at supporting, maintaining, and developing both
the parent-child bond and the minor parent's ability to provide a
permanent and safe home for the child. Examples of these services may
include, but shall not be limited to, child care, parenting classes,
child development classes, and frequent visitation.
(b) The minor parent shall be given the ability to attend school,
complete homework, and participate in age and developmentally
appropriate activities unrelated to and separate from parenting.
(c) Foster care placements for minor parents and their children
shall demonstrate a willingness and ability to provide support and
assistance to dependent minor parents and their children.
(d) Contact between the child, the custodial parent, and the
noncustodial parent shall be facilitated when that contact is found
to be in the best interest of the child.
(e) For the purpose of this section, "child" refers to the child
born to the minor parent.
(f) For the purpose of this section, "minor parent" refers to a
dependent child who is also a parent.
16003. (a) In order to promote the successful implementation of the
statutory preference for foster care placement with a relative
caretaker as set forth in Section 7950 of the Family Code, each
community college district with a foster care education program shall
make available orientation and training to the relative or
nonrelative extended family member caregiver into whose care the
county has placed a foster child pursuant to Section 1529.2 of the
Health and Safety Code, including, but not limited to, courses that
cover the following:
(1) The role, rights, and responsibilities of a relative or
nonrelative extended family member caregiver caring for a child in
foster care, including the right of a foster child to have fair and
equal access to all available services, placement, care, treatment,
and benefits, and to not be subjected to discrimination or harassment
on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
(2) An overview of the child protective system.
(3) The effects of child abuse and neglect on child development.
(4) Positive discipline and the importance of self-esteem.
(5) Health issues in foster care.
(6) Accessing education and health services that are available to
foster children.
(7) Relationship and safety issues regarding contact with one or
both of the birth parents.
(8) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(9) Information on resources available for those who meet
eligibility criteria, including out-of-home care payments, the
Medi-Cal program, in-home supportive services, and other similar
resources.
(10) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19
of Division 1 of Title 1 of the Education Code).
(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:
(1) Age-appropriate child development.
(2) Health issues in foster care.
(3) Positive discipline and the importance of self-esteem.
(4) Emancipation and independent living.
(5) Accessing education and health services available to foster
children.
(6) Relationship and safety issues regarding contact with one or
both of the birth parents.
(7) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(8) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19
of Division 1 of Title 1 of the Education Code).
(c) In addition to the requirements of subdivisions (a) and (b),
each community college district with a foster care education program,
in providing the orientation program, shall develop appropriate
program parameters in collaboration with the counties.
(d) Each community college district with a foster care education
program shall make every attempt to make the training and orientation
programs for relative or nonrelative extended family member
caregivers highly accessible in the communities in which they reside.
(e) When a child is placed with a relative or nonrelative extended
family member caregiver, the county shall inform the caregiver of
the availability of training and orientation programs and it is the
intent of the Legislature that the county shall forward the names and
addresses of relative or nonrelative extended family member
caregivers to the appropriate community colleges providing the
training and orientation programs.
(f) This section shall not be construed to preclude counties from
developing or expanding existing training and orientation programs
for foster care providers to include relative or nonrelative extended
family member caregivers.
16004. (a) The Legislature finds and declares that there is an
urgent need to develop placement resources to permit sibling groups
to remain together in out-of-home care when removed from the custody
of their parents due to child abuse or neglect. Multiple barriers
exist, including local ordinances and community care licensing
standards, that limit or prevent the county placement agency from
fulfilling its obligation pursuant to subdivision (b) of Section
16002 to place siblings together.
Therefore, the Legislature declares its intent to develop specific
placement resources to accommodate sibling groups.
(b) The State Department of Social Services shall, in consultation
with the County Welfare Directors Association, the Judicial Council,
organizations representing foster youth, and other similar,
interested organizations, make recommendations to increase the
available sibling placement resources. The possible policy changes to
be addressed shall include, but shall not be limited to, the
following:
(1) The creation of a special licensing category for sibling care,
including sibling group foster homes.
(2) Development of children's villages with separate cottages to
provide a home for each sibling group.
(3) Funding for targeted recruitment of foster parents for large
sibling groups.
(4) Establishment of a higher foster care payment rate for
caretakers who accept sibling groups.
(5) Funding for one-time capital improvement costs to remodel
homes to accommodate placement of siblings and provide for other
up-front costs, such as vans, car seats, and other items.
(6) Establishment of guidelines for placing siblings, who cannot
be placed in the same home, within geographic proximity to each other
and exploration of the possibility of permitting these siblings to
have the option of enrolling in the same school district even when
the siblings reside in different school districts.
(c) The department shall develop recommendations for the
Legislature, in consultation with the Chief Probation Officers
Association and the County Welfare Directors Association, regarding
procedures for doing both of the following:
(1) Placing siblings together when one or more siblings are in the
juvenile dependency system and one or more siblings are in the
juvenile delinquency systems, when such placements are appropriate.
(2) Maintaining contact and sharing information between siblings
who are placed separately in out-of-home care under the juvenile
dependency and the juvenile delinquency systems.
(d) The department shall submit the recommendations described in
subdivisions (b) and (c) to the Legislature by November 1, 2001.
16004.5. (a) The Legislature finds and declares that there is an
urgent need to develop placement resources to permit minor parents
and their children to remain together in out-of-home care when the
minor parent is removed from the custody of his or her parents due to
abuse or neglect.
(b) To the greatest extent possible, child welfare agencies, in
conjunction with providers and the state, and in conjunction with
ongoing development of placements and the allocation of existing
placement resources, shall identify and utilize whole family
placements and other placement models that provide supportive family
focused care for dependent teens and their children. In identifying
these placements, child welfare agencies shall work with providers
and stakeholders to identify and develop programs and program models
designed to meet these goals.
(c) In order to effectively plan, identify, and develop needed
resources, and effectively address the needs of this population, the
department and local child welfare agencies are encouraged to collect
data on the number of minors in foster care who give birth and the
number of minor parents who remain in placement with their minor
children. The department shall aggregate the data annually.
(d) In order to recruit, train, and retain qualified and
supportive foster care providers for this population, the department
and local child welfare agencies, in consultation with other
interested stakeholders, are encouraged to collect information to be
used to develop a more cost-effective infant supplemental payment
rate structure that more adequately reimburses caregivers for the
costs of infant care and teen parent mentoring.
16005. Siblings shall be assigned to the same social worker when
there is a prospective adoptive family that intends to adopt the
children as a sibling group, unless the responsible local agency
finds that assigning the siblings to the same social worker would not
be in the best interest of the child or the siblings or the
operation of the county office.
16010. (a) When a child is placed in foster care, the case plan for
each child recommended pursuant to Section 358.1 shall include a
summary of the health and education information or records, including
mental health information or records, of the child. The summary may
be maintained in the form of a health and education passport, or a
comparable format designed by the child protective agency. The health
and education summary shall include, but not be limited to, the
names and addresses of the child's health, dental, and education
providers, the child's grade level performance, the child's school
record, assurances that the child's placement in foster care takes
into account proximity to the school in which the child is enrolled
at the time of placement, the number of school transfers the child
has already experienced, the child's educational progress, as
demonstrated by factors, including, but not limited to, academic
proficiency scores, credits earned toward graduation, a record of the
child's immunizations and allergies, the child's known medical
problems, the child's current medications, past health problems and
hospitalizations, a record of the child's relevant mental health
history, the child's known mental health condition and medications,
and any other relevant mental health, dental, health, and education
information concerning the child determined to be appropriate by the
Director of Social Services. If any other law imposes more stringent
information requirements, then that section shall prevail.
(b) Additionally, a court report or assessment required pursuant
to subdivision (g) of Section 361.5, Section 366.1, subdivision (d)
of Section 366.21, or subdivision (b) of Section 366.22 shall include
a copy of the current health and education summary described in
subdivision (a).
(c) As soon as possible, but not later than 30 days after initial
placement of a child into foster care, the child protective agency
shall provide the caretaker with the child's current health and
education summary as described in subdivision (a). For each
subsequent placement, the child protective agency shall provide the
caretaker with a current summary as described in subdivision (a)
within 48 hours of the placement.
(d) (1) Notwithstanding Section 827 or any other law, the child
protective agency may disclose any information described in this
section to a prospective caretaker or caretakers prior to placement
of a child if all of the following requirements are met:
(A) The child protective agency intends to place the child with
the prospective caretaker or caretakers.
(B) The prospective caretaker or caretakers are willing to become
the adoptive parent or parents of the child.
(C) The prospective caretaker or caretakers have an approved
adoption assessment or home study, a foster family home license,
certification by a licensed foster family agency, or approval
pursuant to the requirements in Sections 361.3 and 361.4.
(2) In addition to the information required to be provided under
this section, the child protective agency may disclose to the
prospective caretaker specified in paragraph (1), placement history
or underlying source documents that are provided to adoptive parents
pursuant to subdivisions (a) and (b) of Section 8706 of the Family
Code.
(e) The child's caretaker shall be responsible for obtaining and
maintaining accurate and thorough information from physicians and
educators for the child's summary as described in subdivision (a)
during the time that the child is in the care of the caretaker. On
each required visit, the child protective agency or its designee
family foster agency shall inquire of the caretaker whether there is
any new information that should be added to the child's summary as
described in subdivision (a). The child protective agency shall
update the summary with the information as appropriate, but not later
than the next court date or within 48 hours of a change in
placement. The child protective agency or its designee family foster
agency shall take all necessary steps to assist the caretaker in
obtaining relevant health and education information for the child's
health and education summary as described in subdivision (a).
(f) At the initial hearing, the court shall direct each parent to
provide to the child protective agency complete medical, dental,
mental health, and educational information, and medical background,
of the child and of the child's mother and the child's biological
father if known. The Judicial Council shall create a form for the
purpose of obtaining health and education information from the child'
s parents or guardians at the initial hearing. The court shall
determine at the hearing held pursuant to Section 358 whether the
medical, dental, mental health, and educational information has been
provided to the child protective agency.
16010.2. The department, in consultation with pediatricians, other
health care experts, including public health nurses, and experts in
and recipients of child welfare services, including parents, shall
develop a plan for the ongoing oversight and coordination of health
care services for a child in a foster care placement. The plan shall
ensure a coordinated strategy to identify and respond to the health
care needs of foster children, including mental health and dental
needs, consistent with Section 205 of the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351).
16010.4. The Legislature finds and declares all of the following:
(a) The State of California is guardian to more than 90,000
children in foster care, more than any other state in the nation. As
of 2002, California has a disproportionately high number of children
in foster care. While the state is home to 12 percent of the nation's
population, it guards over 20 percent of the nation's children in
its foster care system. Thirty-five percent of foster children live
with relatives.
(b) Foster parents are one of the most important sources of
information about the children in their care. Courts, lawyers, and
social workers should have the benefit of caregivers' perceptions.
Both federal and state law recognize the importance of foster parents'
participation in juvenile court proceedings. Federal law requires
that foster parents and other caregivers receive expanded
opportunities for notice, the right to participate in dependency
court review and permanency hearings, and the right to communicate
concerns to the courts. State law similarly provides that caregivers
may submit their concerns to courts in writing.
(c) It is in the children's best interests that their caregivers
are privy to important information about them. This information is
necessary to obtain social and health services for children, enroll
children in school and extracurricular activities, and update social
workers and court personnel about important developments affecting
foster children.
(d) Most school districts and extracurricular organizations
require proof of age before enrolling a child in their programs.
Moreover, caregivers are required to obtain a medical appointment for
their foster children within the first month of receiving the
children into their homes. It would therefore be in both the children'
s and the caregivers' best interests to be provided with any
available medical information, medications and instructions for use,
and identifying information about the children upon receiving the
children into their homes.
(e) Caregivers should have certain basic information in order to
provide for the needs of children placed in their care, including all
of the following:
(1) The name, mailing address, telephone number, and facsimile
number of the child's social worker and the social worker's
supervisor.
(2) The name, mailing address, telephone number, and facsimile
number of the child's attorney and court-appointed special advocate
(CASA), if any.
(3) The name, address, and department number of the juvenile court
in which the child's juvenile court case is pending.
(4) The case number assigned to the child's juvenile court case.
(5) A copy of the child's birth certificate, passport, or other
identifying documentation of age as may be required for enrollment in
school and extracurricular activities.
(6) The child's State Department of Social Services identification
number.
(7) The child's Medi-Cal identification number or group health
insurance plan number.
(8) Medications or treatments in effect for the child at the time
of placement, and instructions for their use.
(9) A plan outlining the child's needs and services, including
information on family and sibling visitation.
(f) Caregivers should have knowledge of all of the following:
(1) Their right to receive notice of all review and permanency
hearings concerning the child during the placement.
(2) Their right to attend those hearings or submit information
they deem relevant to the court in writing.
(3) The "Caregiver Information Form" (Judicial Council Form
JV-290), which allows the caregiver to provide information directly
to the court.
(4) Information about and referrals to any existing services,
including transportation, translation, training, forms, and other
available services.
(5) The caregiver's obligation to cooperate with any
reunification, concurrent, or permanent planning for the child.
(6) Any known siblings or half-siblings of the child, whether the
child has, expects, or desires to have contact or visitation with any
or all siblings, and how and when caregivers facilitate the contact
or visitation.
(g) Courts should know, at the earliest possible date, the
interest of the caretaker in providing legal permanency for the
child.
16010.5. (a) When initially placing a child into foster care or
kinship care, and within 48 hours of any subsequent placement of that
child, the placing agency shall provide to the child's caretaker
both of the following:
(1) Prescribed medications for the child that are in the
possession of the placing agency, with instructions for the use of
the medication.
(2) Information regarding any treatments that are known to the
placing agency and that are in effect for the child at the time of
the placement.
(b) As soon as possible after placing a child into foster care or
kinship care, and no later than 30 days after placing the child, the
placing agency shall provide to the child's caregiver any available
documentation or proof of the child's age that may be required for
enrollment in school or activities that require proof of age.
(c) Within 30 days of receiving a copy of a child's birth
certificate or passport, a placing agency shall provide a copy of
that document to the child's caregiver.
(d) Nothing shall preclude the placing agency from providing the
name, mailing address, telephone number, and facsimile number of the
child's attorney and the child's court-appointed special advocate, if
any, to the child or the child's caregiver upon their request.
16010.6. (a) As soon as a placing agency makes a decision with
respect to a placement or a change in placement of a dependent child,
but not later than the close of the following business day, the
placing agency shall notify the child's attorney and provide to the
child's attorney information regarding the child's address, telephone
number, and caregiver.
(b) Absent exigent circumstances, as soon as a placing agency
becomes aware of the need for a change in placement of a dependent
child that will result in the separation of siblings currently placed
together, the placing agency shall notify the child's attorney and
the child's siblings' attorney of this proposed separation no less
than 10 calendar days prior to the planned change of placement so
that the attorneys may investigate the circumstances of the proposed
separation. If the placing agency first becomes aware, by written
notification from a foster family agency, group home, or other foster
care provider, of the need for a change in placement for a dependent
child that will result in the separation of siblings currently
placed together, and that the child or children shall be removed
within seven days, then notice shall be provided to the attorneys by
the end of the next business day after the receipt of notice from the
provider. In an emergency, the placing agency shall provide notice
as soon as possible, but no later than the close of the first
business day following the change of placement. This notification
shall be deemed sufficient notice for the purposes of subdivision
(a).
(c) When the required notice is given prior to a change in
placement, the notice shall include information regarding the child's
address, telephone number, and caregiver or any one or more of these
items of information to the extent that this information is known at
the time that the placing agency provides notice to the child's
attorney. When the required notice is given after the change in
placement, notice shall include information regarding the child's
address, telephone number, and caregiver.
(d) The Judicial Council shall adopt a rule of court directing the
attorney for a child for whom a dependency petition has been filed,
upon receipt from the agency responsible for placing the child of the
name, address, and telephone number of the child's caregiver, to
timely provide the attorney's contact information to the caregiver
and, if the child is 10 years of age or older, to the child. This
rule does not preclude an attorney from giving contact information to
a child who is younger than 10 years of age.
16011. (a) Subject to the conditions prescribed by this section,
Los Angeles County may pursue the development and evaluation of a
pilot Internet-based health and education passport system. The system
shall be known as the Passport System. The Passport System shall
collect and maintain health and education records for foster children
under the supervision of the county social services or probation
department, as required by Section 16010. The Passport System shall
initially be conducted as a limited pilot project in a subset of Los
Angeles County, and upon successful evaluation, may be expanded
statewide.
(1) Los Angeles County shall be responsible for the planning,
development, and implementation of the Passport System. Los Angeles
County is responsible for the development of the advance planning
document (APD) as prescribed by federal regulations, requesting
funding consistent with the child welfare services program. The APD
shall include, but not be limited to, the design of an interface
between the web-based Passport System and the Child Welfare
Services/Case Management System (CWS/CMS) so that information entered
into the Passport System shall automatically and permanently reside
in the CWS/CMS. In addition, the APD shall include the scope of the
pilot project, the evaluation plan pursuant to subdivisions (b) and
(d), and the county shall address a plan for compliance with
pertinent provisions in state and federal law requiring that privacy
of confidential information be maintained.
(2) The department shall review and, upon approval by the
appropriate state agencies, shall transmit the APD to the federal
Department of Health and Human Services. The department shall
facilitate assistance as appropriate to gain federal approval of the
APD. Implementation of the pilot system shall be contingent upon
federal approval of the APD and of the request for federal funding
consistent with the child welfare services program. It shall also be
contingent upon assurance by the United States Secretary of Health
and Human Services that the federal funding for the CWS/CMS shall not
be adversely impacted by the development and implementation of the
Passport System. If the department is unable to gain federal approval
of the pilot project by January 1, 2004, authorization for the pilot
project established by this section shall cease.
(3) The Passport System shall provide real-time access to health,
mental health, and educational information by health and mental
health care providers, educators, licensed or approved foster care
givers, and local agency staff in order to improve the accuracy and
reliability of information necessary to ensure receipt of appropriate
services for children in foster care, to improve health and
educational outcomes, and to reduce and eliminate the risk of
inadequate treatment by service providers, multiple immunizations,
other severe health and education problems, and death.
(4) The Passport System shall meet all the operational and
administrative needs of local participating agencies; be scalable and
flexible to interface with and integrate data from multiple Los
Angeles County and other county departments and state agencies that
provide services to children, using data matching algorithms that
provide a high level of confidence and reliability; maximize the use
and availability of information in a secured and reliable
environment; allow relevant county staff, health, mental health,
education providers, and licensed or approved foster care givers to
update or view appropriate data through a web-enabled application via
the Internet; contain fire walls and safeguards to ensure that only
authorized persons inquire and update only those cases which they
have been authorized to access; and to ensure the integrity and
confidentiality of the system.
(b) Prior to commencement of the pilot project, Los Angeles
County, in consultation with the department, shall develop a pilot
evaluation plan subject to approval by the department and the United
States Secretary of Health and Human Services. The plan shall
include, but is not limited to, identification of measurable
objectives, and benefits that the pilot project is expected to
achieve, the methodology, and plan criteria for evaluating the pilot
project.
(c) The pilot plan shall include a strategy to incentivize health,
mental health, and educational providers servicing foster children
to utilize and update the Internet-based system.
(d) Implementation of the interface between the Internet-based
Passport System and the CWS/CMS shall be contingent upon approval of
federal reimbursement consistent with the child welfare services
program. Funding shall be subject to the sharing ratios that apply to
the administration of child welfare services programs. Any funds
appropriated for this purpose not expended in the 2001-02 fiscal year
shall be available for the purposes of this section as expenditure
in subsequent years. After one year of operation of the pilot
project, Los Angeles County shall complete a pilot evaluation as
described in the pilot evaluation plan. The results of the evaluation
shall be provided to the chairpersons of the fiscal and policy
committees of each house of the Legislature, the Chairperson of the
Joint Legislative Budget Committee, and the Department of Finance.
16013. (a) It is the policy of this state that all persons engaged
in providing care and services to foster children, including, but not
limited to, foster parents, adoptive parents, relative caregivers,
and other caregivers contracting with a county welfare department,
shall have fair and equal access to all available programs, services,
benefits, and licensing processes, and shall not be subjected to
discrimination or harassment on the basis of their clients' or their
own actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(b) Nothing in this section shall be interpreted to create or
modify existing preferences for foster placements or to limit the
local placement agency's ability to make placement decisions for a
child based on the child's best interests.
16014. (a) It is the intent of the Legislature to maximize federal
funding for foster youth services provided by local educational
agencies.
(b) The State Department of Education and the State Department of
Social Services shall collaborate with the County Welfare Directors
Association, representatives from local educational agencies, and
representatives of private, nonprofit foster care providers to
establish roles and responsibilities, claiming requirements, and
sharing of eligibility information eligible for funding under Part E
(commencing with Section 470) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 301 et seq.). These state agencies shall
also assist counties and local educational agencies in drafting
memorandums of understanding between agencies to access funding for
case management activities associated with providing foster youth
services for eligible children. That federal funding shall be an
augmentation to the current program and shall not supplant existing
state general funds allocated to this program.
(c) School districts shall be responsible for 100 percent of the
nonfederal share of payments received under that act.
16000. (a) It is the intent of the Legislature to preserve and
strengthen a child's family ties whenever possible, removing the
child from the custody of his or her parents only when necessary for
his or her welfare or for the safety and protection of the public. If
a child is removed from the physical custody of his or her parents,
preferential consideration shall be given whenever possible to the
placement of the child with the relative as required by Section 7950
of the Family Code. If the child is removed from his or her own
family, it is the purpose of this chapter to secure as nearly as
possible for the child the custody, care, and discipline equivalent
to that which should have been given to the child by his or her
parents. It is further the intent of the Legislature to reaffirm its
commitment to children who are in out-of-home placement to live in
the least restrictive, most familylike setting and to live as close
to the child's family as possible pursuant to subdivision (c) of
Section 16501.1. Family reunification services shall be provided for
expeditious reunification of the child with his or her family, as
required by law. If reunification is not possible or likely, a
permanent alternative shall be developed.
(b) It is further the intent of the Legislature to ensure that all
pupils in foster care and those who are homeless as defined by the
federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301
et seq.) have the opportunity to meet the challenging state pupil
academic achievement standards to which all pupils are held. In
fulfilling their responsibilities to pupils in foster care,
educators, county placing agencies, care providers, advocates, and
the juvenile courts shall work together to maintain stable school
placements and to ensure that each pupil is placed in the least
restrictive educational programs, and has access to the academic
resources, services, and extracurricular and enrichment activities
that are available to all pupils. In all instances, educational and
school placement decisions must be based on the best interests of the
child.
16000.1. (a) The Legislature finds and declares all of the
following:
(1) The state has a duty to care for and protect the children that
the state places into foster care, and as a matter of public policy,
the state assumes an obligation of the highest order to ensure the
safety of children in foster care.
(2) A judicial order establishing jurisdiction over a child placed
into foster care supplants or limits parental or previous adult
authority.
(3) Nothing in this section is intended to change the balance of
liability between the state and the counties as it existed prior to
the decision of the California Court of Appeal in County of Los
Angeles v. Superior Court of Los Angeles: Real Party in Interest
Terrell R. (2002) 102 Cal.App.4th 627, as established by the decision
of the California Court of Appeal in Scott v. County of Los Angeles
(1994) 27 Cal.App.4th 125. Furthermore, nothing in this section is
intended to increase or decrease the liability of the state as it
existed prior to the Terrell R. case.
(b) (1) It is the intent of the Legislature that nothing in the
decision of the California Court of Appeal in County of Los Angeles
v. Superior Court of Los Angeles: Real Party in Interest Terrell R.
(2002) 102 Cal.App.4th 627, shall be held to change the standards of
liability and immunity for injuries to children in protective custody
that existed prior to that decision.
(2) It is the intent of the Legislature to confirm the state's
duty to comply with all requirements under Part B of Title IV of the
Social Security Act (42 U.S.C. Sec. 620 et seq.) and Part E of Title
IV of the Social Security Act (42 U.S.C. Sec. 670 et seq.) that are
relevant to the protection and welfare of children in foster care.
16000.5. The Legislature finds and declares all of the following:
(a) The Fostering Connections to Success and Increasing Adoptions
Act of 2008 (Public Law 110-351) provides Indian tribes with the
option, effective October 1, 2009, to operate a foster care, adoption
assistance, and, at tribal option, a kinship guardianship assistance
program under Title IV-E of the Social Security Act (42 U.S.C. Sec.
671 et seq.). The federal government will share the costs of a tribe
operating an approved Title IV-E program.
(b) It shall be the policy of the state to maximize the
opportunities for Indian tribes to operate foster care programs for
Indian children pursuant to the federal Fostering Connections to
Success and Increasing Adoptions Act of 2008.
16000.6. The State Department of Social Services shall negotiate in
good faith with the Indian tribe, organization, or consortium in the
state that requests development of an agreement with the state to
administer all or part of the programs under Title IV-E of the Social
Security Act (42 U.S.C. Sec. 671 et seq.) on behalf of the Indian
children who are under the authority of the tribe, organization, or
consortium.
16001. (a) The State Department of Social Services shall provide
technical assistance to encourage and facilitate the county placement
agency's evaluation of placement needs and the development of needed
placement resources and programs. County placement agencies shall,
on a regular basis, conduct an evaluation of the county's placement
resources and programs in relation to the needs of children placed in
out-of-home care. County placement agencies shall examine the
adequacy of existing placement resources and programs and identify
the type of additional placement resources and programs needed. The
county placement agency shall specifically examine placements which
are out of county and shall determine the reason the placement was
necessary, and identify the additional placement resources and
programs which need to be developed and available to allow a child to
remain within the county and as close as possible to his or her
home. The department shall also support the development and operation
of a consortia of county placement agencies on a regional basis for
the purpose of developing specialized programs serving a multicounty
area.
(b) It is the intent of the Legislature that the reason for each
out-of-county and out-of-state placement be included in the Child
Welfare Services Case Management System, and that the State
Department of Social Services utilize that data to evaluate
out-of-county and out-of-state placements and to assist in the
identification of resource and placement needs.
(c) It is the intent of the Legislature that the State Department
of Social Services review the out-of-state placement of children to
determine the reason for out-of-state placement. The department shall
make the information available to the Legislature upon request.
16001.5. The State Department of Social Services shall annually
distribute information declaring the importance of promoting
self-esteem with respect to foster children to all of the following:
(a) Each county independent living program administrator.
(b) Each licensed foster family agency, group home, and small
family home.
(c) Each county welfare department.
(d) Each county director of child protective services.
(e) Each county director of social services.
(f) Each county foster home services director.
(g) The Director of the Community Care Licensing Division of the
State Department of Social Services.
(h) The Director of State Adoptions Branch of the State Department
of Social Services.
16001.7. (a) The department shall promote the participation of
current and former foster youth in the development of state foster
care and child welfare policy. Subject to the availability of funds,
the department shall contract with the California Youth Connection to
provide technical assistance and outreach to current and former
foster youth. In executing this contract, the responsibilities of the
California Youth Connection shall include, but are not limited to,
all of the following:
(1) Providing leadership training to current and former foster
youth between the ages of 14 and 21 years.
(2) Providing outreach and technical assistance to current and
former foster youth to form and maintain California Youth Connection
chapters, including recruiting and training adult volunteer
supporters.
(3) Enabling foster youth to be represented in policy discussions
pertinent to foster care and child welfare issues.
(4) Enhancing the well-being of foster youth and increasing public
understanding of foster care and child welfare issues.
(5) Developing educational materials and forums related to foster
care.
(b) Funds provided to the California Youth Connection pursuant to
the contract shall not be used for activities not allowed under
federal law relating to the receipt of federal financial
participation for independent living services, including, but not
limited to, lobbying and litigation.
16001.9. (a) It is the policy of the state that all children in
foster care shall have the following rights:
(1) To live in a safe, healthy, and comfortable home where he or
she is treated with respect.
(2) To be free from physical, sexual, emotional, or other abuse,
or corporal punishment.
(3) To receive adequate and healthy food, adequate clothing, and,
for youth in group homes, an allowance.
(4) To receive medical, dental, vision, and mental health
services.
(5) To be free of the administration of medication or chemical
substances, unless authorized by a physician.
(6) To contact family members, unless prohibited by court order,
and social workers, attorneys, foster youth advocates and supporters,
Court Appointed Special Advocates (CASAs), and probation officers.
(7) To visit and contact brothers and sisters, unless prohibited
by court order.
(8) To contact the Community Care Licensing Division of the State
Department of Social Services or the State Foster Care Ombudsperson
regarding violations of rights, to speak to representatives of these
offices confidentially, and to be free from threats or punishment for
making complaints.
(9) To make and receive confidential telephone calls and send and
receive unopened mail, unless prohibited by court order.
(10) To attend religious services and activities of his or her
choice.
(11) To maintain an emancipation bank account and manage personal
income, consistent with the child's age and developmental level,
unless prohibited by the case plan.
(12) To not be locked in a room, building, or facility premises,
unless placed in a community treatment facility.
(13) To attend school and participate in extracurricular,
cultural, and personal enrichment activities, consistent with the
child's age and developmental level with minimal disruptions to
school attendance and educational stability.
(14) To work and develop job skills at an age-appropriate level,
consistent with state law.
(15) To have social contacts with people outside of the foster
care system, such as teachers, church members, mentors, and friends.
(16) To attend Independent Living Program classes and activities
if he or she meets age requirements.
(17) To attend court hearings and speak to the judge.
(18) To have storage space for private use.
(19) To be involved in the development of his or her own case plan
and plan for permanent placement.
(20) To review his or her own case plan and plan for permanent
placement, if he or she is 12 years of age or older and in a
permanent placement, and to receive information about his or her
out-of-home placement and case plan, including being told of changes
to the plan.
(21) To be free from unreasonable searches of personal belongings.
(22) To confidentiality of all juvenile court records consistent
with existing law.
(23) To have fair and equal access to all available services,
placement, care, treatment, and benefits, and to not be subjected to
discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or
physical disability, or HIV status.
(24) At 16 years of age or older, to have access to existing
information regarding the educational options available, including,
but not limited to, the coursework necessary for vocational and
postsecondary educational programs, and information regarding
financial aid for postsecondary education.
(b) Nothing in this section shall be interpreted to require a
foster care provider to take any action that would impair the health
and safety of children in out-of-home placement.
(c) The State Department of Social Services and each county
welfare department are encouraged to work with the Student Aid
Commission, the University of California, the California State
University, and the California Community Colleges to receive
information pursuant to paragraph (23) of subdivision (a).
16002. (a) It is the intent of the Legislature to maintain the
continuity of the family unit, and ensure the preservation and
strengthening of the child's family ties by ensuring that when
siblings have been removed from their home, either as a group on one
occurrence or individually on separate occurrences, the siblings will
be placed in foster care together, unless it has been determined
that placement together is contrary to the safety or well-being of
any sibling. The Legislature recognizes that in order to ensure the
placement of a sibling group in the same foster care placement,
placement resources need to be expanded.
(b) The responsible local agency shall make a diligent effort in
all out-of-home placements of dependent children, including those
with relatives, to place siblings together in the same placement, and
to develop and maintain sibling relationships. If siblings are not
placed together in the same home, the social worker shall explain why
the siblings are not placed together and what efforts he or she is
making to place the siblings together or why making those efforts
would be contrary to the safety and well-being of any of the
siblings. When placement of siblings together in the same home is not
possible, a diligent effort shall be made, and a case plan prepared,
to provide for ongoing and frequent interaction among siblings until
family reunification is achieved, or, if parental rights are
terminated, as part of developing the permanent plan for the child.
If the court determines by clear and convincing evidence that sibling
interaction is contrary to the safety and well-being of any of the
siblings, the reasons for the determination shall be noted in the
court order, and interaction shall be suspended.
(c) When there has been a judicial suspension of sibling
interaction, the reasons for the suspension shall be reviewed at each
periodic review hearing pursuant to Section 366. When the court
determines that sibling interaction can be safely resumed, that
determination shall be noted in the court order and the case plan
shall be revised to provide for sibling interaction.
(d) If the case plan for the child has provisions for sibling
interaction, the child, or his or her parent or legal guardian shall
have the right to comment on those provisions. If a person wishes to
assert a sibling relationship with a dependent child, he or she may
file a petition in the juvenile court having jurisdiction over the
dependent child pursuant to subdivision (b) of Section 388.
(e) If parental rights are terminated and the court orders a
dependent child to be placed for adoption, the licensed county
adoption agency or the State Department of Social Services shall take
all of the following steps to facilitate ongoing sibling contact,
except in those cases provided in subdivision (b) where the court
determines by clear and convincing evidence that sibling interaction
is contrary to the safety or well-being of the child:
(1) Include in training provided to prospective adoptive parents
information about the importance of sibling relationships to the
adopted child and counseling on methods for maintaining sibling
relationships.
(2) Provide prospective adoptive parents with information about
siblings of the child, except the address where the siblings of the
children reside. However, this address may be disclosed by court
order for good cause shown.
(3) Encourage prospective adoptive parents to make a plan for
facilitating postadoptive contact between the child who is the
subject of a petition for adoption and any siblings of this child.
(f) Information regarding sibling interaction, contact, or
visitation that has been authorized or ordered by the court shall be
provided to the foster parent, relative caretaker, or legal guardian
of the child as soon as possible after the court order is made, in
order to facilitate the interaction, contact, or visitation.
(g) As used in this section, "sibling" means a child related to
another person by blood, adoption, or affinity through a common legal
or biological parent.
(h) The court documentation on sibling placements required under
this section shall not require the modification of existing court
order forms until the Child Welfare Services Case Management System
is implemented on a statewide basis.
16002.5. It is the intent of the Legislature to maintain the
continuity of the family unit and to support and preserve families
headed by minor parents who are themselves dependents of the juvenile
court by ensuring that minor parents and their children are placed
together in as family-like a setting as possible, unless it has been
determined that placement together poses a risk to the child.
(a) To the greatest extent possible, dependent minor parents and
their children living in foster care shall be provided with access to
existing services for which they may be eligible, that are
specifically targeted at supporting, maintaining, and developing both
the parent-child bond and the minor parent's ability to provide a
permanent and safe home for the child. Examples of these services may
include, but shall not be limited to, child care, parenting classes,
child development classes, and frequent visitation.
(b) The minor parent shall be given the ability to attend school,
complete homework, and participate in age and developmentally
appropriate activities unrelated to and separate from parenting.
(c) Foster care placements for minor parents and their children
shall demonstrate a willingness and ability to provide support and
assistance to dependent minor parents and their children.
(d) Contact between the child, the custodial parent, and the
noncustodial parent shall be facilitated when that contact is found
to be in the best interest of the child.
(e) For the purpose of this section, "child" refers to the child
born to the minor parent.
(f) For the purpose of this section, "minor parent" refers to a
dependent child who is also a parent.
16003. (a) In order to promote the successful implementation of the
statutory preference for foster care placement with a relative
caretaker as set forth in Section 7950 of the Family Code, each
community college district with a foster care education program shall
make available orientation and training to the relative or
nonrelative extended family member caregiver into whose care the
county has placed a foster child pursuant to Section 1529.2 of the
Health and Safety Code, including, but not limited to, courses that
cover the following:
(1) The role, rights, and responsibilities of a relative or
nonrelative extended family member caregiver caring for a child in
foster care, including the right of a foster child to have fair and
equal access to all available services, placement, care, treatment,
and benefits, and to not be subjected to discrimination or harassment
on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
(2) An overview of the child protective system.
(3) The effects of child abuse and neglect on child development.
(4) Positive discipline and the importance of self-esteem.
(5) Health issues in foster care.
(6) Accessing education and health services that are available to
foster children.
(7) Relationship and safety issues regarding contact with one or
both of the birth parents.
(8) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(9) Information on resources available for those who meet
eligibility criteria, including out-of-home care payments, the
Medi-Cal program, in-home supportive services, and other similar
resources.
(10) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19
of Division 1 of Title 1 of the Education Code).
(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:
(1) Age-appropriate child development.
(2) Health issues in foster care.
(3) Positive discipline and the importance of self-esteem.
(4) Emancipation and independent living.
(5) Accessing education and health services available to foster
children.
(6) Relationship and safety issues regarding contact with one or
both of the birth parents.
(7) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(8) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19
of Division 1 of Title 1 of the Education Code).
(c) In addition to the requirements of subdivisions (a) and (b),
each community college district with a foster care education program,
in providing the orientation program, shall develop appropriate
program parameters in collaboration with the counties.
(d) Each community college district with a foster care education
program shall make every attempt to make the training and orientation
programs for relative or nonrelative extended family member
caregivers highly accessible in the communities in which they reside.
(e) When a child is placed with a relative or nonrelative extended
family member caregiver, the county shall inform the caregiver of
the availability of training and orientation programs and it is the
intent of the Legislature that the county shall forward the names and
addresses of relative or nonrelative extended family member
caregivers to the appropriate community colleges providing the
training and orientation programs.
(f) This section shall not be construed to preclude counties from
developing or expanding existing training and orientation programs
for foster care providers to include relative or nonrelative extended
family member caregivers.
16004. (a) The Legislature finds and declares that there is an
urgent need to develop placement resources to permit sibling groups
to remain together in out-of-home care when removed from the custody
of their parents due to child abuse or neglect. Multiple barriers
exist, including local ordinances and community care licensing
standards, that limit or prevent the county placement agency from
fulfilling its obligation pursuant to subdivision (b) of Section
16002 to place siblings together.
Therefore, the Legislature declares its intent to develop specific
placement resources to accommodate sibling groups.
(b) The State Department of Social Services shall, in consultation
with the County Welfare Directors Association, the Judicial Council,
organizations representing foster youth, and other similar,
interested organizations, make recommendations to increase the
available sibling placement resources. The possible policy changes to
be addressed shall include, but shall not be limited to, the
following:
(1) The creation of a special licensing category for sibling care,
including sibling group foster homes.
(2) Development of children's villages with separate cottages to
provide a home for each sibling group.
(3) Funding for targeted recruitment of foster parents for large
sibling groups.
(4) Establishment of a higher foster care payment rate for
caretakers who accept sibling groups.
(5) Funding for one-time capital improvement costs to remodel
homes to accommodate placement of siblings and provide for other
up-front costs, such as vans, car seats, and other items.
(6) Establishment of guidelines for placing siblings, who cannot
be placed in the same home, within geographic proximity to each other
and exploration of the possibility of permitting these siblings to
have the option of enrolling in the same school district even when
the siblings reside in different school districts.
(c) The department shall develop recommendations for the
Legislature, in consultation with the Chief Probation Officers
Association and the County Welfare Directors Association, regarding
procedures for doing both of the following:
(1) Placing siblings together when one or more siblings are in the
juvenile dependency system and one or more siblings are in the
juvenile delinquency systems, when such placements are appropriate.
(2) Maintaining contact and sharing information between siblings
who are placed separately in out-of-home care under the juvenile
dependency and the juvenile delinquency systems.
(d) The department shall submit the recommendations described in
subdivisions (b) and (c) to the Legislature by November 1, 2001.
16004.5. (a) The Legislature finds and declares that there is an
urgent need to develop placement resources to permit minor parents
and their children to remain together in out-of-home care when the
minor parent is removed from the custody of his or her parents due to
abuse or neglect.
(b) To the greatest extent possible, child welfare agencies, in
conjunction with providers and the state, and in conjunction with
ongoing development of placements and the allocation of existing
placement resources, shall identify and utilize whole family
placements and other placement models that provide supportive family
focused care for dependent teens and their children. In identifying
these placements, child welfare agencies shall work with providers
and stakeholders to identify and develop programs and program models
designed to meet these goals.
(c) In order to effectively plan, identify, and develop needed
resources, and effectively address the needs of this population, the
department and local child welfare agencies are encouraged to collect
data on the number of minors in foster care who give birth and the
number of minor parents who remain in placement with their minor
children. The department shall aggregate the data annually.
(d) In order to recruit, train, and retain qualified and
supportive foster care providers for this population, the department
and local child welfare agencies, in consultation with other
interested stakeholders, are encouraged to collect information to be
used to develop a more cost-effective infant supplemental payment
rate structure that more adequately reimburses caregivers for the
costs of infant care and teen parent mentoring.
16005. Siblings shall be assigned to the same social worker when
there is a prospective adoptive family that intends to adopt the
children as a sibling group, unless the responsible local agency
finds that assigning the siblings to the same social worker would not
be in the best interest of the child or the siblings or the
operation of the county office.
16010. (a) When a child is placed in foster care, the case plan for
each child recommended pursuant to Section 358.1 shall include a
summary of the health and education information or records, including
mental health information or records, of the child. The summary may
be maintained in the form of a health and education passport, or a
comparable format designed by the child protective agency. The health
and education summary shall include, but not be limited to, the
names and addresses of the child's health, dental, and education
providers, the child's grade level performance, the child's school
record, assurances that the child's placement in foster care takes
into account proximity to the school in which the child is enrolled
at the time of placement, the number of school transfers the child
has already experienced, the child's educational progress, as
demonstrated by factors, including, but not limited to, academic
proficiency scores, credits earned toward graduation, a record of the
child's immunizations and allergies, the child's known medical
problems, the child's current medications, past health problems and
hospitalizations, a record of the child's relevant mental health
history, the child's known mental health condition and medications,
and any other relevant mental health, dental, health, and education
information concerning the child determined to be appropriate by the
Director of Social Services. If any other law imposes more stringent
information requirements, then that section shall prevail.
(b) Additionally, a court report or assessment required pursuant
to subdivision (g) of Section 361.5, Section 366.1, subdivision (d)
of Section 366.21, or subdivision (b) of Section 366.22 shall include
a copy of the current health and education summary described in
subdivision (a).
(c) As soon as possible, but not later than 30 days after initial
placement of a child into foster care, the child protective agency
shall provide the caretaker with the child's current health and
education summary as described in subdivision (a). For each
subsequent placement, the child protective agency shall provide the
caretaker with a current summary as described in subdivision (a)
within 48 hours of the placement.
(d) (1) Notwithstanding Section 827 or any other law, the child
protective agency may disclose any information described in this
section to a prospective caretaker or caretakers prior to placement
of a child if all of the following requirements are met:
(A) The child protective agency intends to place the child with
the prospective caretaker or caretakers.
(B) The prospective caretaker or caretakers are willing to become
the adoptive parent or parents of the child.
(C) The prospective caretaker or caretakers have an approved
adoption assessment or home study, a foster family home license,
certification by a licensed foster family agency, or approval
pursuant to the requirements in Sections 361.3 and 361.4.
(2) In addition to the information required to be provided under
this section, the child protective agency may disclose to the
prospective caretaker specified in paragraph (1), placement history
or underlying source documents that are provided to adoptive parents
pursuant to subdivisions (a) and (b) of Section 8706 of the Family
Code.
(e) The child's caretaker shall be responsible for obtaining and
maintaining accurate and thorough information from physicians and
educators for the child's summary as described in subdivision (a)
during the time that the child is in the care of the caretaker. On
each required visit, the child protective agency or its designee
family foster agency shall inquire of the caretaker whether there is
any new information that should be added to the child's summary as
described in subdivision (a). The child protective agency shall
update the summary with the information as appropriate, but not later
than the next court date or within 48 hours of a change in
placement. The child protective agency or its designee family foster
agency shall take all necessary steps to assist the caretaker in
obtaining relevant health and education information for the child's
health and education summary as described in subdivision (a).
(f) At the initial hearing, the court shall direct each parent to
provide to the child protective agency complete medical, dental,
mental health, and educational information, and medical background,
of the child and of the child's mother and the child's biological
father if known. The Judicial Council shall create a form for the
purpose of obtaining health and education information from the child'
s parents or guardians at the initial hearing. The court shall
determine at the hearing held pursuant to Section 358 whether the
medical, dental, mental health, and educational information has been
provided to the child protective agency.
16010.2. The department, in consultation with pediatricians, other
health care experts, including public health nurses, and experts in
and recipients of child welfare services, including parents, shall
develop a plan for the ongoing oversight and coordination of health
care services for a child in a foster care placement. The plan shall
ensure a coordinated strategy to identify and respond to the health
care needs of foster children, including mental health and dental
needs, consistent with Section 205 of the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351).
16010.4. The Legislature finds and declares all of the following:
(a) The State of California is guardian to more than 90,000
children in foster care, more than any other state in the nation. As
of 2002, California has a disproportionately high number of children
in foster care. While the state is home to 12 percent of the nation's
population, it guards over 20 percent of the nation's children in
its foster care system. Thirty-five percent of foster children live
with relatives.
(b) Foster parents are one of the most important sources of
information about the children in their care. Courts, lawyers, and
social workers should have the benefit of caregivers' perceptions.
Both federal and state law recognize the importance of foster parents'
participation in juvenile court proceedings. Federal law requires
that foster parents and other caregivers receive expanded
opportunities for notice, the right to participate in dependency
court review and permanency hearings, and the right to communicate
concerns to the courts. State law similarly provides that caregivers
may submit their concerns to courts in writing.
(c) It is in the children's best interests that their caregivers
are privy to important information about them. This information is
necessary to obtain social and health services for children, enroll
children in school and extracurricular activities, and update social
workers and court personnel about important developments affecting
foster children.
(d) Most school districts and extracurricular organizations
require proof of age before enrolling a child in their programs.
Moreover, caregivers are required to obtain a medical appointment for
their foster children within the first month of receiving the
children into their homes. It would therefore be in both the children'
s and the caregivers' best interests to be provided with any
available medical information, medications and instructions for use,
and identifying information about the children upon receiving the
children into their homes.
(e) Caregivers should have certain basic information in order to
provide for the needs of children placed in their care, including all
of the following:
(1) The name, mailing address, telephone number, and facsimile
number of the child's social worker and the social worker's
supervisor.
(2) The name, mailing address, telephone number, and facsimile
number of the child's attorney and court-appointed special advocate
(CASA), if any.
(3) The name, address, and department number of the juvenile court
in which the child's juvenile court case is pending.
(4) The case number assigned to the child's juvenile court case.
(5) A copy of the child's birth certificate, passport, or other
identifying documentation of age as may be required for enrollment in
school and extracurricular activities.
(6) The child's State Department of Social Services identification
number.
(7) The child's Medi-Cal identification number or group health
insurance plan number.
(8) Medications or treatments in effect for the child at the time
of placement, and instructions for their use.
(9) A plan outlining the child's needs and services, including
information on family and sibling visitation.
(f) Caregivers should have knowledge of all of the following:
(1) Their right to receive notice of all review and permanency
hearings concerning the child during the placement.
(2) Their right to attend those hearings or submit information
they deem relevant to the court in writing.
(3) The "Caregiver Information Form" (Judicial Council Form
JV-290), which allows the caregiver to provide information directly
to the court.
(4) Information about and referrals to any existing services,
including transportation, translation, training, forms, and other
available services.
(5) The caregiver's obligation to cooperate with any
reunification, concurrent, or permanent planning for the child.
(6) Any known siblings or half-siblings of the child, whether the
child has, expects, or desires to have contact or visitation with any
or all siblings, and how and when caregivers facilitate the contact
or visitation.
(g) Courts should know, at the earliest possible date, the
interest of the caretaker in providing legal permanency for the
child.
16010.5. (a) When initially placing a child into foster care or
kinship care, and within 48 hours of any subsequent placement of that
child, the placing agency shall provide to the child's caretaker
both of the following:
(1) Prescribed medications for the child that are in the
possession of the placing agency, with instructions for the use of
the medication.
(2) Information regarding any treatments that are known to the
placing agency and that are in effect for the child at the time of
the placement.
(b) As soon as possible after placing a child into foster care or
kinship care, and no later than 30 days after placing the child, the
placing agency shall provide to the child's caregiver any available
documentation or proof of the child's age that may be required for
enrollment in school or activities that require proof of age.
(c) Within 30 days of receiving a copy of a child's birth
certificate or passport, a placing agency shall provide a copy of
that document to the child's caregiver.
(d) Nothing shall preclude the placing agency from providing the
name, mailing address, telephone number, and facsimile number of the
child's attorney and the child's court-appointed special advocate, if
any, to the child or the child's caregiver upon their request.
16010.6. (a) As soon as a placing agency makes a decision with
respect to a placement or a change in placement of a dependent child,
but not later than the close of the following business day, the
placing agency shall notify the child's attorney and provide to the
child's attorney information regarding the child's address, telephone
number, and caregiver.
(b) Absent exigent circumstances, as soon as a placing agency
becomes aware of the need for a change in placement of a dependent
child that will result in the separation of siblings currently placed
together, the placing agency shall notify the child's attorney and
the child's siblings' attorney of this proposed separation no less
than 10 calendar days prior to the planned change of placement so
that the attorneys may investigate the circumstances of the proposed
separation. If the placing agency first becomes aware, by written
notification from a foster family agency, group home, or other foster
care provider, of the need for a change in placement for a dependent
child that will result in the separation of siblings currently
placed together, and that the child or children shall be removed
within seven days, then notice shall be provided to the attorneys by
the end of the next business day after the receipt of notice from the
provider. In an emergency, the placing agency shall provide notice
as soon as possible, but no later than the close of the first
business day following the change of placement. This notification
shall be deemed sufficient notice for the purposes of subdivision
(a).
(c) When the required notice is given prior to a change in
placement, the notice shall include information regarding the child's
address, telephone number, and caregiver or any one or more of these
items of information to the extent that this information is known at
the time that the placing agency provides notice to the child's
attorney. When the required notice is given after the change in
placement, notice shall include information regarding the child's
address, telephone number, and caregiver.
(d) The Judicial Council shall adopt a rule of court directing the
attorney for a child for whom a dependency petition has been filed,
upon receipt from the agency responsible for placing the child of the
name, address, and telephone number of the child's caregiver, to
timely provide the attorney's contact information to the caregiver
and, if the child is 10 years of age or older, to the child. This
rule does not preclude an attorney from giving contact information to
a child who is younger than 10 years of age.
16011. (a) Subject to the conditions prescribed by this section,
Los Angeles County may pursue the development and evaluation of a
pilot Internet-based health and education passport system. The system
shall be known as the Passport System. The Passport System shall
collect and maintain health and education records for foster children
under the supervision of the county social services or probation
department, as required by Section 16010. The Passport System shall
initially be conducted as a limited pilot project in a subset of Los
Angeles County, and upon successful evaluation, may be expanded
statewide.
(1) Los Angeles County shall be responsible for the planning,
development, and implementation of the Passport System. Los Angeles
County is responsible for the development of the advance planning
document (APD) as prescribed by federal regulations, requesting
funding consistent with the child welfare services program. The APD
shall include, but not be limited to, the design of an interface
between the web-based Passport System and the Child Welfare
Services/Case Management System (CWS/CMS) so that information entered
into the Passport System shall automatically and permanently reside
in the CWS/CMS. In addition, the APD shall include the scope of the
pilot project, the evaluation plan pursuant to subdivisions (b) and
(d), and the county shall address a plan for compliance with
pertinent provisions in state and federal law requiring that privacy
of confidential information be maintained.
(2) The department shall review and, upon approval by the
appropriate state agencies, shall transmit the APD to the federal
Department of Health and Human Services. The department shall
facilitate assistance as appropriate to gain federal approval of the
APD. Implementation of the pilot system shall be contingent upon
federal approval of the APD and of the request for federal funding
consistent with the child welfare services program. It shall also be
contingent upon assurance by the United States Secretary of Health
and Human Services that the federal funding for the CWS/CMS shall not
be adversely impacted by the development and implementation of the
Passport System. If the department is unable to gain federal approval
of the pilot project by January 1, 2004, authorization for the pilot
project established by this section shall cease.
(3) The Passport System shall provide real-time access to health,
mental health, and educational information by health and mental
health care providers, educators, licensed or approved foster care
givers, and local agency staff in order to improve the accuracy and
reliability of information necessary to ensure receipt of appropriate
services for children in foster care, to improve health and
educational outcomes, and to reduce and eliminate the risk of
inadequate treatment by service providers, multiple immunizations,
other severe health and education problems, and death.
(4) The Passport System shall meet all the operational and
administrative needs of local participating agencies; be scalable and
flexible to interface with and integrate data from multiple Los
Angeles County and other county departments and state agencies that
provide services to children, using data matching algorithms that
provide a high level of confidence and reliability; maximize the use
and availability of information in a secured and reliable
environment; allow relevant county staff, health, mental health,
education providers, and licensed or approved foster care givers to
update or view appropriate data through a web-enabled application via
the Internet; contain fire walls and safeguards to ensure that only
authorized persons inquire and update only those cases which they
have been authorized to access; and to ensure the integrity and
confidentiality of the system.
(b) Prior to commencement of the pilot project, Los Angeles
County, in consultation with the department, shall develop a pilot
evaluation plan subject to approval by the department and the United
States Secretary of Health and Human Services. The plan shall
include, but is not limited to, identification of measurable
objectives, and benefits that the pilot project is expected to
achieve, the methodology, and plan criteria for evaluating the pilot
project.
(c) The pilot plan shall include a strategy to incentivize health,
mental health, and educational providers servicing foster children
to utilize and update the Internet-based system.
(d) Implementation of the interface between the Internet-based
Passport System and the CWS/CMS shall be contingent upon approval of
federal reimbursement consistent with the child welfare services
program. Funding shall be subject to the sharing ratios that apply to
the administration of child welfare services programs. Any funds
appropriated for this purpose not expended in the 2001-02 fiscal year
shall be available for the purposes of this section as expenditure
in subsequent years. After one year of operation of the pilot
project, Los Angeles County shall complete a pilot evaluation as
described in the pilot evaluation plan. The results of the evaluation
shall be provided to the chairpersons of the fiscal and policy
committees of each house of the Legislature, the Chairperson of the
Joint Legislative Budget Committee, and the Department of Finance.
16013. (a) It is the policy of this state that all persons engaged
in providing care and services to foster children, including, but not
limited to, foster parents, adoptive parents, relative caregivers,
and other caregivers contracting with a county welfare department,
shall have fair and equal access to all available programs, services,
benefits, and licensing processes, and shall not be subjected to
discrimination or harassment on the basis of their clients' or their
own actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(b) Nothing in this section shall be interpreted to create or
modify existing preferences for foster placements or to limit the
local placement agency's ability to make placement decisions for a
child based on the child's best interests.
16014. (a) It is the intent of the Legislature to maximize federal
funding for foster youth services provided by local educational
agencies.
(b) The State Department of Education and the State Department of
Social Services shall collaborate with the County Welfare Directors
Association, representatives from local educational agencies, and
representatives of private, nonprofit foster care providers to
establish roles and responsibilities, claiming requirements, and
sharing of eligibility information eligible for funding under Part E
(commencing with Section 470) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 301 et seq.). These state agencies shall
also assist counties and local educational agencies in drafting
memorandums of understanding between agencies to access funding for
case management activities associated with providing foster youth
services for eligible children. That federal funding shall be an
augmentation to the current program and shall not supplant existing
state general funds allocated to this program.
(c) School districts shall be responsible for 100 percent of the
nonfederal share of payments received under that act.
16000. (a) It is the intent of the Legislature to preserve and
strengthen a child's family ties whenever possible, removing the
child from the custody of his or her parents only when necessary for
his or her welfare or for the safety and protection of the public. If
a child is removed from the physical custody of his or her parents,
preferential consideration shall be given whenever possible to the
placement of the child with the relative as required by Section 7950
of the Family Code. If the child is removed from his or her own
family, it is the purpose of this chapter to secure as nearly as
possible for the child the custody, care, and discipline equivalent
to that which should have been given to the child by his or her
parents. It is further the intent of the Legislature to reaffirm its
commitment to children who are in out-of-home placement to live in
the least restrictive, most familylike setting and to live as close
to the child's family as possible pursuant to subdivision (c) of
Section 16501.1. Family reunification services shall be provided for
expeditious reunification of the child with his or her family, as
required by law. If reunification is not possible or likely, a
permanent alternative shall be developed.
(b) It is further the intent of the Legislature to ensure that all
pupils in foster care and those who are homeless as defined by the
federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301
et seq.) have the opportunity to meet the challenging state pupil
academic achievement standards to which all pupils are held. In
fulfilling their responsibilities to pupils in foster care,
educators, county placing agencies, care providers, advocates, and
the juvenile courts shall work together to maintain stable school
placements and to ensure that each pupil is placed in the least
restrictive educational programs, and has access to the academic
resources, services, and extracurricular and enrichment activities
that are available to all pupils. In all instances, educational and
school placement decisions must be based on the best interests of the
child.
16000.1. (a) The Legislature finds and declares all of the
following:
(1) The state has a duty to care for and protect the children that
the state places into foster care, and as a matter of public policy,
the state assumes an obligation of the highest order to ensure the
safety of children in foster care.
(2) A judicial order establishing jurisdiction over a child placed
into foster care supplants or limits parental or previous adult
authority.
(3) Nothing in this section is intended to change the balance of
liability between the state and the counties as it existed prior to
the decision of the California Court of Appeal in County of Los
Angeles v. Superior Court of Los Angeles: Real Party in Interest
Terrell R. (2002) 102 Cal.App.4th 627, as established by the decision
of the California Court of Appeal in Scott v. County of Los Angeles
(1994) 27 Cal.App.4th 125. Furthermore, nothing in this section is
intended to increase or decrease the liability of the state as it
existed prior to the Terrell R. case.
(b) (1) It is the intent of the Legislature that nothing in the
decision of the California Court of Appeal in County of Los Angeles
v. Superior Court of Los Angeles: Real Party in Interest Terrell R.
(2002) 102 Cal.App.4th 627, shall be held to change the standards of
liability and immunity for injuries to children in protective custody
that existed prior to that decision.
(2) It is the intent of the Legislature to confirm the state's
duty to comply with all requirements under Part B of Title IV of the
Social Security Act (42 U.S.C. Sec. 620 et seq.) and Part E of Title
IV of the Social Security Act (42 U.S.C. Sec. 670 et seq.) that are
relevant to the protection and welfare of children in foster care.
16000.5. The Legislature finds and declares all of the following:
(a) The Fostering Connections to Success and Increasing Adoptions
Act of 2008 (Public Law 110-351) provides Indian tribes with the
option, effective October 1, 2009, to operate a foster care, adoption
assistance, and, at tribal option, a kinship guardianship assistance
program under Title IV-E of the Social Security Act (42 U.S.C. Sec.
671 et seq.). The federal government will share the costs of a tribe
operating an approved Title IV-E program.
(b) It shall be the policy of the state to maximize the
opportunities for Indian tribes to operate foster care programs for
Indian children pursuant to the federal Fostering Connections to
Success and Increasing Adoptions Act of 2008.
16000.6. The State Department of Social Services shall negotiate in
good faith with the Indian tribe, organization, or consortium in the
state that requests development of an agreement with the state to
administer all or part of the programs under Title IV-E of the Social
Security Act (42 U.S.C. Sec. 671 et seq.) on behalf of the Indian
children who are under the authority of the tribe, organization, or
consortium.
16001. (a) The State Department of Social Services shall provide
technical assistance to encourage and facilitate the county placement
agency's evaluation of placement needs and the development of needed
placement resources and programs. County placement agencies shall,
on a regular basis, conduct an evaluation of the county's placement
resources and programs in relation to the needs of children placed in
out-of-home care. County placement agencies shall examine the
adequacy of existing placement resources and programs and identify
the type of additional placement resources and programs needed. The
county placement agency shall specifically examine placements which
are out of county and shall determine the reason the placement was
necessary, and identify the additional placement resources and
programs which need to be developed and available to allow a child to
remain within the county and as close as possible to his or her
home. The department shall also support the development and operation
of a consortia of county placement agencies on a regional basis for
the purpose of developing specialized programs serving a multicounty
area.
(b) It is the intent of the Legislature that the reason for each
out-of-county and out-of-state placement be included in the Child
Welfare Services Case Management System, and that the State
Department of Social Services utilize that data to evaluate
out-of-county and out-of-state placements and to assist in the
identification of resource and placement needs.
(c) It is the intent of the Legislature that the State Department
of Social Services review the out-of-state placement of children to
determine the reason for out-of-state placement. The department shall
make the information available to the Legislature upon request.
16001.5. The State Department of Social Services shall annually
distribute information declaring the importance of promoting
self-esteem with respect to foster children to all of the following:
(a) Each county independent living program administrator.
(b) Each licensed foster family agency, group home, and small
family home.
(c) Each county welfare department.
(d) Each county director of child protective services.
(e) Each county director of social services.
(f) Each county foster home services director.
(g) The Director of the Community Care Licensing Division of the
State Department of Social Services.
(h) The Director of State Adoptions Branch of the State Department
of Social Services.
16001.7. (a) The department shall promote the participation of
current and former foster youth in the development of state foster
care and child welfare policy. Subject to the availability of funds,
the department shall contract with the California Youth Connection to
provide technical assistance and outreach to current and former
foster youth. In executing this contract, the responsibilities of the
California Youth Connection shall include, but are not limited to,
all of the following:
(1) Providing leadership training to current and former foster
youth between the ages of 14 and 21 years.
(2) Providing outreach and technical assistance to current and
former foster youth to form and maintain California Youth Connection
chapters, including recruiting and training adult volunteer
supporters.
(3) Enabling foster youth to be represented in policy discussions
pertinent to foster care and child welfare issues.
(4) Enhancing the well-being of foster youth and increasing public
understanding of foster care and child welfare issues.
(5) Developing educational materials and forums related to foster
care.
(b) Funds provided to the California Youth Connection pursuant to
the contract shall not be used for activities not allowed under
federal law relating to the receipt of federal financial
participation for independent living services, including, but not
limited to, lobbying and litigation.
16001.9. (a) It is the policy of the state that all children in
foster care shall have the following rights:
(1) To live in a safe, healthy, and comfortable home where he or
she is treated with respect.
(2) To be free from physical, sexual, emotional, or other abuse,
or corporal punishment.
(3) To receive adequate and healthy food, adequate clothing, and,
for youth in group homes, an allowance.
(4) To receive medical, dental, vision, and mental health
services.
(5) To be free of the administration of medication or chemical
substances, unless authorized by a physician.
(6) To contact family members, unless prohibited by court order,
and social workers, attorneys, foster youth advocates and supporters,
Court Appointed Special Advocates (CASAs), and probation officers.
(7) To visit and contact brothers and sisters, unless prohibited
by court order.
(8) To contact the Community Care Licensing Division of the State
Department of Social Services or the State Foster Care Ombudsperson
regarding violations of rights, to speak to representatives of these
offices confidentially, and to be free from threats or punishment for
making complaints.
(9) To make and receive confidential telephone calls and send and
receive unopened mail, unless prohibited by court order.
(10) To attend religious services and activities of his or her
choice.
(11) To maintain an emancipation bank account and manage personal
income, consistent with the child's age and developmental level,
unless prohibited by the case plan.
(12) To not be locked in a room, building, or facility premises,
unless placed in a community treatment facility.
(13) To attend school and participate in extracurricular,
cultural, and personal enrichment activities, consistent with the
child's age and developmental level with minimal disruptions to
school attendance and educational stability.
(14) To work and develop job skills at an age-appropriate level,
consistent with state law.
(15) To have social contacts with people outside of the foster
care system, such as teachers, church members, mentors, and friends.
(16) To attend Independent Living Program classes and activities
if he or she meets age requirements.
(17) To attend court hearings and speak to the judge.
(18) To have storage space for private use.
(19) To be involved in the development of his or her own case plan
and plan for permanent placement.
(20) To review his or her own case plan and plan for permanent
placement, if he or she is 12 years of age or older and in a
permanent placement, and to receive information about his or her
out-of-home placement and case plan, including being told of changes
to the plan.
(21) To be free from unreasonable searches of personal belongings.
(22) To confidentiality of all juvenile court records consistent
with existing law.
(23) To have fair and equal access to all available services,
placement, care, treatment, and benefits, and to not be subjected to
discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or
physical disability, or HIV status.
(24) At 16 years of age or older, to have access to existing
information regarding the educational options available, including,
but not limited to, the coursework necessary for vocational and
postsecondary educational programs, and information regarding
financial aid for postsecondary education.
(b) Nothing in this section shall be interpreted to require a
foster care provider to take any action that would impair the health
and safety of children in out-of-home placement.
(c) The State Department of Social Services and each county
welfare department are encouraged to work with the Student Aid
Commission, the University of California, the California State
University, and the California Community Colleges to receive
information pursuant to paragraph (23) of subdivision (a).
16002. (a) It is the intent of the Legislature to maintain the
continuity of the family unit, and ensure the preservation and
strengthening of the child's family ties by ensuring that when
siblings have been removed from their home, either as a group on one
occurrence or individually on separate occurrences, the siblings will
be placed in foster care together, unless it has been determined
that placement together is contrary to the safety or well-being of
any sibling. The Legislature recognizes that in order to ensure the
placement of a sibling group in the same foster care placement,
placement resources need to be expanded.
(b) The responsible local agency shall make a diligent effort in
all out-of-home placements of dependent children, including those
with relatives, to place siblings together in the same placement, and
to develop and maintain sibling relationships. If siblings are not
placed together in the same home, the social worker shall explain why
the siblings are not placed together and what efforts he or she is
making to place the siblings together or why making those efforts
would be contrary to the safety and well-being of any of the
siblings. When placement of siblings together in the same home is not
possible, a diligent effort shall be made, and a case plan prepared,
to provide for ongoing and frequent interaction among siblings until
family reunification is achieved, or, if parental rights are
terminated, as part of developing the permanent plan for the child.
If the court determines by clear and convincing evidence that sibling
interaction is contrary to the safety and well-being of any of the
siblings, the reasons for the determination shall be noted in the
court order, and interaction shall be suspended.
(c) When there has been a judicial suspension of sibling
interaction, the reasons for the suspension shall be reviewed at each
periodic review hearing pursuant to Section 366. When the court
determines that sibling interaction can be safely resumed, that
determination shall be noted in the court order and the case plan
shall be revised to provide for sibling interaction.
(d) If the case plan for the child has provisions for sibling
interaction, the child, or his or her parent or legal guardian shall
have the right to comment on those provisions. If a person wishes to
assert a sibling relationship with a dependent child, he or she may
file a petition in the juvenile court having jurisdiction over the
dependent child pursuant to subdivision (b) of Section 388.
(e) If parental rights are terminated and the court orders a
dependent child to be placed for adoption, the licensed county
adoption agency or the State Department of Social Services shall take
all of the following steps to facilitate ongoing sibling contact,
except in those cases provided in subdivision (b) where the court
determines by clear and convincing evidence that sibling interaction
is contrary to the safety or well-being of the child:
(1) Include in training provided to prospective adoptive parents
information about the importance of sibling relationships to the
adopted child and counseling on methods for maintaining sibling
relationships.
(2) Provide prospective adoptive parents with information about
siblings of the child, except the address where the siblings of the
children reside. However, this address may be disclosed by court
order for good cause shown.
(3) Encourage prospective adoptive parents to make a plan for
facilitating postadoptive contact between the child who is the
subject of a petition for adoption and any siblings of this child.
(f) Information regarding sibling interaction, contact, or
visitation that has been authorized or ordered by the court shall be
provided to the foster parent, relative caretaker, or legal guardian
of the child as soon as possible after the court order is made, in
order to facilitate the interaction, contact, or visitation.
(g) As used in this section, "sibling" means a child related to
another person by blood, adoption, or affinity through a common legal
or biological parent.
(h) The court documentation on sibling placements required under
this section shall not require the modification of existing court
order forms until the Child Welfare Services Case Management System
is implemented on a statewide basis.
16002.5. It is the intent of the Legislature to maintain the
continuity of the family unit and to support and preserve families
headed by minor parents who are themselves dependents of the juvenile
court by ensuring that minor parents and their children are placed
together in as family-like a setting as possible, unless it has been
determined that placement together poses a risk to the child.
(a) To the greatest extent possible, dependent minor parents and
their children living in foster care shall be provided with access to
existing services for which they may be eligible, that are
specifically targeted at supporting, maintaining, and developing both
the parent-child bond and the minor parent's ability to provide a
permanent and safe home for the child. Examples of these services may
include, but shall not be limited to, child care, parenting classes,
child development classes, and frequent visitation.
(b) The minor parent shall be given the ability to attend school,
complete homework, and participate in age and developmentally
appropriate activities unrelated to and separate from parenting.
(c) Foster care placements for minor parents and their children
shall demonstrate a willingness and ability to provide support and
assistance to dependent minor parents and their children.
(d) Contact between the child, the custodial parent, and the
noncustodial parent shall be facilitated when that contact is found
to be in the best interest of the child.
(e) For the purpose of this section, "child" refers to the child
born to the minor parent.
(f) For the purpose of this section, "minor parent" refers to a
dependent child who is also a parent.
16003. (a) In order to promote the successful implementation of the
statutory preference for foster care placement with a relative
caretaker as set forth in Section 7950 of the Family Code, each
community college district with a foster care education program shall
make available orientation and training to the relative or
nonrelative extended family member caregiver into whose care the
county has placed a foster child pursuant to Section 1529.2 of the
Health and Safety Code, including, but not limited to, courses that
cover the following:
(1) The role, rights, and responsibilities of a relative or
nonrelative extended family member caregiver caring for a child in
foster care, including the right of a foster child to have fair and
equal access to all available services, placement, care, treatment,
and benefits, and to not be subjected to discrimination or harassment
on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.
(2) An overview of the child protective system.
(3) The effects of child abuse and neglect on child development.
(4) Positive discipline and the importance of self-esteem.
(5) Health issues in foster care.
(6) Accessing education and health services that are available to
foster children.
(7) Relationship and safety issues regarding contact with one or
both of the birth parents.
(8) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(9) Information on resources available for those who meet
eligibility criteria, including out-of-home care payments, the
Medi-Cal program, in-home supportive services, and other similar
resources.
(10) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19
of Division 1 of Title 1 of the Education Code).
(b) In addition to training made available pursuant to subdivision
(a), each community college district with a foster care education
program shall make training available to a relative or nonrelative
extended family member caregiver that includes, but need not be
limited to, courses that cover all of the following:
(1) Age-appropriate child development.
(2) Health issues in foster care.
(3) Positive discipline and the importance of self-esteem.
(4) Emancipation and independent living.
(5) Accessing education and health services available to foster
children.
(6) Relationship and safety issues regarding contact with one or
both of the birth parents.
(7) Permanency options for relative or nonrelative extended family
member caregivers, including legal guardianship, the Kinship
Guardianship Assistance Payment Program, and kin adoption.
(8) Basic instruction on the existing laws and procedures
regarding the safety of foster youth at school and the ensuring of a
harassment and violence free school environment contained in the
California Student Safety and Violence Prevention Act of 2000
(Article 3.6 (commencing with Section 32228) of Chapter 2 of Part 19
of Division 1 of Title 1 of the Education Code).
(c) In addition to the requirements of subdivisions (a) and (b),
each community college district with a foster care education program,
in providing the orientation program, shall develop appropriate
program parameters in collaboration with the counties.
(d) Each community college district with a foster care education
program shall make every attempt to make the training and orientation
programs for relative or nonrelative extended family member
caregivers highly accessible in the communities in which they reside.
(e) When a child is placed with a relative or nonrelative extended
family member caregiver, the county shall inform the caregiver of
the availability of training and orientation programs and it is the
intent of the Legislature that the county shall forward the names and
addresses of relative or nonrelative extended family member
caregivers to the appropriate community colleges providing the
training and orientation programs.
(f) This section shall not be construed to preclude counties from
developing or expanding existing training and orientation programs
for foster care providers to include relative or nonrelative extended
family member caregivers.
16004. (a) The Legislature finds and declares that there is an
urgent need to develop placement resources to permit sibling groups
to remain together in out-of-home care when removed from the custody
of their parents due to child abuse or neglect. Multiple barriers
exist, including local ordinances and community care licensing
standards, that limit or prevent the county placement agency from
fulfilling its obligation pursuant to subdivision (b) of Section
16002 to place siblings together.
Therefore, the Legislature declares its intent to develop specific
placement resources to accommodate sibling groups.
(b) The State Department of Social Services shall, in consultation
with the County Welfare Directors Association, the Judicial Council,
organizations representing foster youth, and other similar,
interested organizations, make recommendations to increase the
available sibling placement resources. The possible policy changes to
be addressed shall include, but shall not be limited to, the
following:
(1) The creation of a special licensing category for sibling care,
including sibling group foster homes.
(2) Development of children's villages with separate cottages to
provide a home for each sibling group.
(3) Funding for targeted recruitment of foster parents for large
sibling groups.
(4) Establishment of a higher foster care payment rate for
caretakers who accept sibling groups.
(5) Funding for one-time capital improvement costs to remodel
homes to accommodate placement of siblings and provide for other
up-front costs, such as vans, car seats, and other items.
(6) Establishment of guidelines for placing siblings, who cannot
be placed in the same home, within geographic proximity to each other
and exploration of the possibility of permitting these siblings to
have the option of enrolling in the same school district even when
the siblings reside in different school districts.
(c) The department shall develop recommendations for the
Legislature, in consultation with the Chief Probation Officers
Association and the County Welfare Directors Association, regarding
procedures for doing both of the following:
(1) Placing siblings together when one or more siblings are in the
juvenile dependency system and one or more siblings are in the
juvenile delinquency systems, when such placements are appropriate.
(2) Maintaining contact and sharing information between siblings
who are placed separately in out-of-home care under the juvenile
dependency and the juvenile delinquency systems.
(d) The department shall submit the recommendations described in
subdivisions (b) and (c) to the Legislature by November 1, 2001.
16004.5. (a) The Legislature finds and declares that there is an
urgent need to develop placement resources to permit minor parents
and their children to remain together in out-of-home care when the
minor parent is removed from the custody of his or her parents due to
abuse or neglect.
(b) To the greatest extent possible, child welfare agencies, in
conjunction with providers and the state, and in conjunction with
ongoing development of placements and the allocation of existing
placement resources, shall identify and utilize whole family
placements and other placement models that provide supportive family
focused care for dependent teens and their children. In identifying
these placements, child welfare agencies shall work with providers
and stakeholders to identify and develop programs and program models
designed to meet these goals.
(c) In order to effectively plan, identify, and develop needed
resources, and effectively address the needs of this population, the
department and local child welfare agencies are encouraged to collect
data on the number of minors in foster care who give birth and the
number of minor parents who remain in placement with their minor
children. The department shall aggregate the data annually.
(d) In order to recruit, train, and retain qualified and
supportive foster care providers for this population, the department
and local child welfare agencies, in consultation with other
interested stakeholders, are encouraged to collect information to be
used to develop a more cost-effective infant supplemental payment
rate structure that more adequately reimburses caregivers for the
costs of infant care and teen parent mentoring.
16005. Siblings shall be assigned to the same social worker when
there is a prospective adoptive family that intends to adopt the
children as a sibling group, unless the responsible local agency
finds that assigning the siblings to the same social worker would not
be in the best interest of the child or the siblings or the
operation of the county office.
16010. (a) When a child is placed in foster care, the case plan for
each child recommended pursuant to Section 358.1 shall include a
summary of the health and education information or records, including
mental health information or records, of the child. The summary may
be maintained in the form of a health and education passport, or a
comparable format designed by the child protective agency. The health
and education summary shall include, but not be limited to, the
names and addresses of the child's health, dental, and education
providers, the child's grade level performance, the child's school
record, assurances that the child's placement in foster care takes
into account proximity to the school in which the child is enrolled
at the time of placement, the number of school transfers the child
has already experienced, the child's educational progress, as
demonstrated by factors, including, but not limited to, academic
proficiency scores, credits earned toward graduation, a record of the
child's immunizations and allergies, the child's known medical
problems, the child's current medications, past health problems and
hospitalizations, a record of the child's relevant mental health
history, the child's known mental health condition and medications,
and any other relevant mental health, dental, health, and education
information concerning the child determined to be appropriate by the
Director of Social Services. If any other law imposes more stringent
information requirements, then that section shall prevail.
(b) Additionally, a court report or assessment required pursuant
to subdivision (g) of Section 361.5, Section 366.1, subdivision (d)
of Section 366.21, or subdivision (b) of Section 366.22 shall include
a copy of the current health and education summary described in
subdivision (a).
(c) As soon as possible, but not later than 30 days after initial
placement of a child into foster care, the child protective agency
shall provide the caretaker with the child's current health and
education summary as described in subdivision (a). For each
subsequent placement, the child protective agency shall provide the
caretaker with a current summary as described in subdivision (a)
within 48 hours of the placement.
(d) (1) Notwithstanding Section 827 or any other law, the child
protective agency may disclose any information described in this
section to a prospective caretaker or caretakers prior to placement
of a child if all of the following requirements are met:
(A) The child protective agency intends to place the child with
the prospective caretaker or caretakers.
(B) The prospective caretaker or caretakers are willing to become
the adoptive parent or parents of the child.
(C) The prospective caretaker or caretakers have an approved
adoption assessment or home study, a foster family home license,
certification by a licensed foster family agency, or approval
pursuant to the requirements in Sections 361.3 and 361.4.
(2) In addition to the information required to be provided under
this section, the child protective agency may disclose to the
prospective caretaker specified in paragraph (1), placement history
or underlying source documents that are provided to adoptive parents
pursuant to subdivisions (a) and (b) of Section 8706 of the Family
Code.
(e) The child's caretaker shall be responsible for obtaining and
maintaining accurate and thorough information from physicians and
educators for the child's summary as described in subdivision (a)
during the time that the child is in the care of the caretaker. On
each required visit, the child protective agency or its designee
family foster agency shall inquire of the caretaker whether there is
any new information that should be added to the child's summary as
described in subdivision (a). The child protective agency shall
update the summary with the information as appropriate, but not later
than the next court date or within 48 hours of a change in
placement. The child protective agency or its designee family foster
agency shall take all necessary steps to assist the caretaker in
obtaining relevant health and education information for the child's
health and education summary as described in subdivision (a).
(f) At the initial hearing, the court shall direct each parent to
provide to the child protective agency complete medical, dental,
mental health, and educational information, and medical background,
of the child and of the child's mother and the child's biological
father if known. The Judicial Council shall create a form for the
purpose of obtaining health and education information from the child'
s parents or guardians at the initial hearing. The court shall
determine at the hearing held pursuant to Section 358 whether the
medical, dental, mental health, and educational information has been
provided to the child protective agency.
16010.2. The department, in consultation with pediatricians, other
health care experts, including public health nurses, and experts in
and recipients of child welfare services, including parents, shall
develop a plan for the ongoing oversight and coordination of health
care services for a child in a foster care placement. The plan shall
ensure a coordinated strategy to identify and respond to the health
care needs of foster children, including mental health and dental
needs, consistent with Section 205 of the federal Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public
Law 110-351).
16010.4. The Legislature finds and declares all of the following:
(a) The State of California is guardian to more than 90,000
children in foster care, more than any other state in the nation. As
of 2002, California has a disproportionately high number of children
in foster care. While the state is home to 12 percent of the nation's
population, it guards over 20 percent of the nation's children in
its foster care system. Thirty-five percent of foster children live
with relatives.
(b) Foster parents are one of the most important sources of
information about the children in their care. Courts, lawyers, and
social workers should have the benefit of caregivers' perceptions.
Both federal and state law recognize the importance of foster parents'
participation in juvenile court proceedings. Federal law requires
that foster parents and other caregivers receive expanded
opportunities for notice, the right to participate in dependency
court review and permanency hearings, and the right to communicate
concerns to the courts. State law similarly provides that caregivers
may submit their concerns to courts in writing.
(c) It is in the children's best interests that their caregivers
are privy to important information about them. This information is
necessary to obtain social and health services for children, enroll
children in school and extracurricular activities, and update social
workers and court personnel about important developments affecting
foster children.
(d) Most school districts and extracurricular organizations
require proof of age before enrolling a child in their programs.
Moreover, caregivers are required to obtain a medical appointment for
their foster children within the first month of receiving the
children into their homes. It would therefore be in both the children'
s and the caregivers' best interests to be provided with any
available medical information, medications and instructions for use,
and identifying information about the children upon receiving the
children into their homes.
(e) Caregivers should have certain basic information in order to
provide for the needs of children placed in their care, including all
of the following:
(1) The name, mailing address, telephone number, and facsimile
number of the child's social worker and the social worker's
supervisor.
(2) The name, mailing address, telephone number, and facsimile
number of the child's attorney and court-appointed special advocate
(CASA), if any.
(3) The name, address, and department number of the juvenile court
in which the child's juvenile court case is pending.
(4) The case number assigned to the child's juvenile court case.
(5) A copy of the child's birth certificate, passport, or other
identifying documentation of age as may be required for enrollment in
school and extracurricular activities.
(6) The child's State Department of Social Services identification
number.
(7) The child's Medi-Cal identification number or group health
insurance plan number.
(8) Medications or treatments in effect for the child at the time
of placement, and instructions for their use.
(9) A plan outlining the child's needs and services, including
information on family and sibling visitation.
(f) Caregivers should have knowledge of all of the following:
(1) Their right to receive notice of all review and permanency
hearings concerning the child during the placement.
(2) Their right to attend those hearings or submit information
they deem relevant to the court in writing.
(3) The "Caregiver Information Form" (Judicial Council Form
JV-290), which allows the caregiver to provide information directly
to the court.
(4) Information about and referrals to any existing services,
including transportation, translation, training, forms, and other
available services.
(5) The caregiver's obligation to cooperate with any
reunification, concurrent, or permanent planning for the child.
(6) Any known siblings or half-siblings of the child, whether the
child has, expects, or desires to have contact or visitation with any
or all siblings, and how and when caregivers facilitate the contact
or visitation.
(g) Courts should know, at the earliest possible date, the
interest of the caretaker in providing legal permanency for the
child.
16010.5. (a) When initially placing a child into foster care or
kinship care, and within 48 hours of any subsequent placement of that
child, the placing agency shall provide to the child's caretaker
both of the following:
(1) Prescribed medications for the child that are in the
possession of the placing agency, with instructions for the use of
the medication.
(2) Information regarding any treatments that are known to the
placing agency and that are in effect for the child at the time of
the placement.
(b) As soon as possible after placing a child into foster care or
kinship care, and no later than 30 days after placing the child, the
placing agency shall provide to the child's caregiver any available
documentation or proof of the child's age that may be required for
enrollment in school or activities that require proof of age.
(c) Within 30 days of receiving a copy of a child's birth
certificate or passport, a placing agency shall provide a copy of
that document to the child's caregiver.
(d) Nothing shall preclude the placing agency from providing the
name, mailing address, telephone number, and facsimile number of the
child's attorney and the child's court-appointed special advocate, if
any, to the child or the child's caregiver upon their request.
16010.6. (a) As soon as a placing agency makes a decision with
respect to a placement or a change in placement of a dependent child,
but not later than the close of the following business day, the
placing agency shall notify the child's attorney and provide to the
child's attorney information regarding the child's address, telephone
number, and caregiver.
(b) Absent exigent circumstances, as soon as a placing agency
becomes aware of the need for a change in placement of a dependent
child that will result in the separation of siblings currently placed
together, the placing agency shall notify the child's attorney and
the child's siblings' attorney of this proposed separation no less
than 10 calendar days prior to the planned change of placement so
that the attorneys may investigate the circumstances of the proposed
separation. If the placing agency first becomes aware, by written
notification from a foster family agency, group home, or other foster
care provider, of the need for a change in placement for a dependent
child that will result in the separation of siblings currently
placed together, and that the child or children shall be removed
within seven days, then notice shall be provided to the attorneys by
the end of the next business day after the receipt of notice from the
provider. In an emergency, the placing agency shall provide notice
as soon as possible, but no later than the close of the first
business day following the change of placement. This notification
shall be deemed sufficient notice for the purposes of subdivision
(a).
(c) When the required notice is given prior to a change in
placement, the notice shall include information regarding the child's
address, telephone number, and caregiver or any one or more of these
items of information to the extent that this information is known at
the time that the placing agency provides notice to the child's
attorney. When the required notice is given after the change in
placement, notice shall include information regarding the child's
address, telephone number, and caregiver.
(d) The Judicial Council shall adopt a rule of court directing the
attorney for a child for whom a dependency petition has been filed,
upon receipt from the agency responsible for placing the child of the
name, address, and telephone number of the child's caregiver, to
timely provide the attorney's contact information to the caregiver
and, if the child is 10 years of age or older, to the child. This
rule does not preclude an attorney from giving contact information to
a child who is younger than 10 years of age.
16011. (a) Subject to the conditions prescribed by this section,
Los Angeles County may pursue the development and evaluation of a
pilot Internet-based health and education passport system. The system
shall be known as the Passport System. The Passport System shall
collect and maintain health and education records for foster children
under the supervision of the county social services or probation
department, as required by Section 16010. The Passport System shall
initially be conducted as a limited pilot project in a subset of Los
Angeles County, and upon successful evaluation, may be expanded
statewide.
(1) Los Angeles County shall be responsible for the planning,
development, and implementation of the Passport System. Los Angeles
County is responsible for the development of the advance planning
document (APD) as prescribed by federal regulations, requesting
funding consistent with the child welfare services program. The APD
shall include, but not be limited to, the design of an interface
between the web-based Passport System and the Child Welfare
Services/Case Management System (CWS/CMS) so that information entered
into the Passport System shall automatically and permanently reside
in the CWS/CMS. In addition, the APD shall include the scope of the
pilot project, the evaluation plan pursuant to subdivisions (b) and
(d), and the county shall address a plan for compliance with
pertinent provisions in state and federal law requiring that privacy
of confidential information be maintained.
(2) The department shall review and, upon approval by the
appropriate state agencies, shall transmit the APD to the federal
Department of Health and Human Services. The department shall
facilitate assistance as appropriate to gain federal approval of the
APD. Implementation of the pilot system shall be contingent upon
federal approval of the APD and of the request for federal funding
consistent with the child welfare services program. It shall also be
contingent upon assurance by the United States Secretary of Health
and Human Services that the federal funding for the CWS/CMS shall not
be adversely impacted by the development and implementation of the
Passport System. If the department is unable to gain federal approval
of the pilot project by January 1, 2004, authorization for the pilot
project established by this section shall cease.
(3) The Passport System shall provide real-time access to health,
mental health, and educational information by health and mental
health care providers, educators, licensed or approved foster care
givers, and local agency staff in order to improve the accuracy and
reliability of information necessary to ensure receipt of appropriate
services for children in foster care, to improve health and
educational outcomes, and to reduce and eliminate the risk of
inadequate treatment by service providers, multiple immunizations,
other severe health and education problems, and death.
(4) The Passport System shall meet all the operational and
administrative needs of local participating agencies; be scalable and
flexible to interface with and integrate data from multiple Los
Angeles County and other county departments and state agencies that
provide services to children, using data matching algorithms that
provide a high level of confidence and reliability; maximize the use
and availability of information in a secured and reliable
environment; allow relevant county staff, health, mental health,
education providers, and licensed or approved foster care givers to
update or view appropriate data through a web-enabled application via
the Internet; contain fire walls and safeguards to ensure that only
authorized persons inquire and update only those cases which they
have been authorized to access; and to ensure the integrity and
confidentiality of the system.
(b) Prior to commencement of the pilot project, Los Angeles
County, in consultation with the department, shall develop a pilot
evaluation plan subject to approval by the department and the United
States Secretary of Health and Human Services. The plan shall
include, but is not limited to, identification of measurable
objectives, and benefits that the pilot project is expected to
achieve, the methodology, and plan criteria for evaluating the pilot
project.
(c) The pilot plan shall include a strategy to incentivize health,
mental health, and educational providers servicing foster children
to utilize and update the Internet-based system.
(d) Implementation of the interface between the Internet-based
Passport System and the CWS/CMS shall be contingent upon approval of
federal reimbursement consistent with the child welfare services
program. Funding shall be subject to the sharing ratios that apply to
the administration of child welfare services programs. Any funds
appropriated for this purpose not expended in the 2001-02 fiscal year
shall be available for the purposes of this section as expenditure
in subsequent years. After one year of operation of the pilot
project, Los Angeles County shall complete a pilot evaluation as
described in the pilot evaluation plan. The results of the evaluation
shall be provided to the chairpersons of the fiscal and policy
committees of each house of the Legislature, the Chairperson of the
Joint Legislative Budget Committee, and the Department of Finance.
16013. (a) It is the policy of this state that all persons engaged
in providing care and services to foster children, including, but not
limited to, foster parents, adoptive parents, relative caregivers,
and other caregivers contracting with a county welfare department,
shall have fair and equal access to all available programs, services,
benefits, and licensing processes, and shall not be subjected to
discrimination or harassment on the basis of their clients' or their
own actual or perceived race, ethnic group identification, ancestry,
national origin, color, religion, sex, sexual orientation, gender
identity, mental or physical disability, or HIV status.
(b) Nothing in this section shall be interpreted to create or
modify existing preferences for foster placements or to limit the
local placement agency's ability to make placement decisions for a
child based on the child's best interests.
16014. (a) It is the intent of the Legislature to maximize federal
funding for foster youth services provided by local educational
agencies.
(b) The State Department of Education and the State Department of
Social Services shall collaborate with the County Welfare Directors
Association, representatives from local educational agencies, and
representatives of private, nonprofit foster care providers to
establish roles and responsibilities, claiming requirements, and
sharing of eligibility information eligible for funding under Part E
(commencing with Section 470) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 301 et seq.). These state agencies shall
also assist counties and local educational agencies in drafting
memorandums of understanding between agencies to access funding for
case management activities associated with providing foster youth
services for eligible children. That federal funding shall be an
augmentation to the current program and shall not supplant existing
state general funds allocated to this program.
(c) School districts shall be responsible for 100 percent of the
nonfederal share of payments received under that act.
