WELFARE AND INSTITUTIONS CODE
SECTION 16500-16521.5
16500. The state, through the department and county welfare
departments, shall establish and support a public system of statewide
child welfare services to be developed as rapidly as possible and to
be available in each county of the state. All counties shall
establish and maintain specialized organizational entities within the
county welfare department which shall have sole responsibility for
the operation of the child welfare services program.
The Legislature hereby declares its intent, in providing for this
statewide system of child welfare services, that all children are
entitled to be safe and free from abuse and neglect.
16500.1. (a) It is the intent of the Legislature to use the
strengths of families and communities to serve the needs of children
who are alleged to be abused or neglected, as described in Section
300, to reduce the necessity for removing these children from their
home, to encourage speedy reunification of families when it can be
safely accomplished, to locate permanent homes and families for
children who cannot return to their biological families, to reduce
the number of placements experienced by these children, to ensure
that children leaving the foster care system have support within
their communities, to improve the quality and homelike nature of
out-of-home care, and to foster the educational progress of children
in out-of-home care.
(b) In order to achieve the goals specified in subdivision (a),
the state shall encourage the development of approaches to child
protection that do all of the following:
(1) Allow children to remain in their own schools, in close
proximity to their families.
(2) Increase the number and quality of foster families available
to serve these children.
(3) Use a team approach to foster care that permits the biological
and foster family and the child to be part of that team.
(4) Use team decisionmaking in case planning.
(5) Provide support to foster children and foster families.
(6) Ensure that licensing requirements do not create barriers to
recruitment of qualified, high-quality foster homes.
(7) Provide training for foster parents and professional staff on
working effectively with families and communities.
(8) Encourage foster parents to serve as mentors and role models
for biological parents.
(9) Use community resources, including community-based agencies
and volunteer organizations, to assist in developing placements for
children and to provide support for children and their families.
(10) Ensure an appropriate array of placement resources for
children in need of out-of-home care.
(11) Ensure that no child leaves foster care without a lifelong
connection to a committed adult.
(12) Ensure that children are actively involved in the case plan
and permanency planning process.
(c) (1) Each county shall provide the department with a disaster
response plan describing how county programs assisted under Part B
(commencing with Section 620) and Part E (commencing with Section
670) of Subchapter IV of Chapter 7 of Title 42 of the United States
Code (Titles IV-B and IV-E of the Social Security Act) would respond
to a disaster. The plan shall set forth procedures describing how
each county will perform the following services:
(A) Identify, locate, and continue availability of services for
children under state care or supervision who are displaced or
adversely affected by a disaster.
(B) Respond, as appropriate, to new child welfare cases in areas
adversely affected by a disaster, and provide services in those
cases.
(C) Remain in communication with caseworkers and other essential
child welfare personnel who are displaced because of a disaster.
(D) Preserve essential program records.
(E) Coordinate services and share information with other counties.
(2) The department shall review its disaster plan with respect to
subparagraphs (A) to (E), inclusive, of paragraph (1), and shall
revise the plan to clarify the role and responsibilities of the state
in the event of a disaster.
(3) The department shall consult with counties to identify
opportunities for collaboration between counties, and between the
county and the state, in the event of a disaster.
(d) In carrying out the requirements of subdivisions (b) and (c),
the department shall do all of the following:
(1) Consider the existing array of program models provided in
statute and in practice, including, but not limited to, wraparound
services, as defined in Section 18251, children's systems of care, as
provided for in Section 5852, the Oregon Family Unity or Santa Clara
County Family Conference models, which include family conferences at
key points in the casework process, such as when out-of-home
placement or return home is considered, and the Annie E. Casey
Foundation Family to Family initiative, which uses team
decisionmaking in case planning, community-based placement practices
requiring that children be placed in foster care in the communities
where they resided prior to placement, and involve foster families as
team members in family reunification efforts.
(2) Ensure that emergency response services, family maintenance
services, family reunification services, and permanent placement
services are coordinated with the implementation of the models
described in paragraph (1).
(3) Ensure consistency between child welfare services program
regulations and the program models described in paragraph (1).
(e) The department, in conjunction with stakeholders, including,
but not limited to, county child welfare services agencies, foster
parent and group home associations, the California Youth Connection,
and other child advocacy groups, shall review the existing child
welfare services program regulations to ensure that these regulations
are consistent with the legislative intent specified in subdivision
(a). This review shall also determine how to incorporate the best
practice guidelines for assessment of children and families receiving
child welfare and foster care services, as required by Section
16501.2.
(f) The department shall report to the Legislature on the results
of the actions taken under this section on or before January 1, 2002.
16500.5. (a) (1) The Legislature hereby declares its intent to
encourage the continuity of the family unit by:
(A) (i) Providing family preservation services.
(ii) For purposes of this subdivision, "family preservation
services" means intensive services for families whose children,
without these services, would be subject to any of the following:
(I) Be at imminent risk of out-of-home placement.
(II) Remain in existing out-of-home placement for longer periods
of time.
(III) Be placed in a more restrictive out-of-home placement.
(B) Providing supportive services for those children within the
meaning of Sections 360, 361, and 364 when they are returned to the
family unit or when a minor will probably soon be within the
jurisdiction of the juvenile court pursuant to Section 301.
(C) Providing counseling and family support services designed to
eradicate the situation that necessitated intervention.
(2) The Legislature finds that maintaining abused and neglected
children in foster care grows increasingly costly each year, and that
adequate funding for family services which might enable these
children to remain in their homes is not as readily available as
funding for foster care placement.
(3) The Legislature further finds that other state bodies have
addressed this problem through various systems of flexible
reimbursement in child welfare programs that provide for more
intensive and appropriate services to prevent foster care placement
or significantly reduce the length of stay in foster care.
(4) Accordingly, it is the intent of the Legislature in enacting
this section to establish a system of flexible reimbursement in order
to evaluate its potential as an efficient, economical, and effective
alternative to out-of-home placement of children.
(b) It is the intent of the Legislature that family preservation
and support services in California conform to the federal definitions
contained in Section 431 of the Social Security Act as contained in
Public Law 103-66, the Omnibus Budget Reconciliation Act of 1987. The
Legislature finds and declares that California's existing family
preservation programs meet the intent of this new federal initiative.
(c) (1) (A) (i) Any county, subject to the approval of the State
Department of Social Services, may claim, on an annual basis, a
portion of the state's share, and to the extent permitted, the
federal share, of that county's AFDC-FC expenditures pursuant to
subdivision (d) of Section 11450 for children subject to Sections
300, 301, 360, 361, and 364, in advance, provided the county conducts
a program of family reunification and family maintenance services
for families receiving these services pursuant to Sections 300, 301,
360, 364, and, as permitted by the department, children subject to
Sections 601, 602, 726, and 727 of this code, and Section 7572.5 of
the Government Code.
(ii) The department or a participating county may terminate a
county's participation in the program upon 30 days' notice if the
project is deemed unsuccessful by either party.
(iii) For each fiscal year of the program, a participating county
may claim in advance an amount not to exceed an actual dollar amount
that shall not exceed 25 percent of the state's share, and to the
extent permitted, the federal share, of AFDC-FC funds to be expended
by that county pursuant to subdivision (d) of Section 11450 for
children subject to Sections 300, 301, 360, 361, and 364, and if
permitted by the department, Sections 601, 602, 726, and 727,
calculated for the first year of the project.
(iv) The amount of funds to be advanced annually shall be
calculated at the beginning of the county's program described in this
subdivision. The advance shall be determined by projecting the state
share of AFDC-FC General Fund expenditures, and to the extent
permitted, the federal share of AFDC-FC expenditures for abused or
neglected children pursuant to Sections 300, 301, 360, 361, 364, and,
if permitted by the department, Sections 601, 602, 726, and 727,
based upon state, and to the extent permitted, federal expenditures
for AFDC-FC for the previous five years.
(B) Except as provided in subparagraph (C), if the county's total
AFDC-FC General Fund expenditures and, to the extent permitted by
federal law, the federal share of AFDC-FC expenditures, added to the
amount expended from the advance to the county exceeds, by more than
5 percent, the county's total projected AFDC-FC General Fund
expenditures and, to the extent permitted by federal law, the federal
share of AFDC-FC expenditures for that fiscal year, the county shall
fund that portion of the overage in excess of 5 percent on a
100-percent basis. If the sum of a participating county's total
AFDC-FC General Fund expenditures and, to the extent permitted by
federal law, the federal share of AFDC-FC expenditures for their
children, added to the amount expended from the advance to the
county, is less than the total projected AFDC-FC General Fund
expenditures and, to the extent permitted by federal law, the federal
share of AFDC-FC expenditures for their children for that fiscal
year, the county shall receive 25 percent of the amount of the
savings.
(C) (i) A participating county's share of expenditures in excess
of the projected total may be reduced upon approval of the
department. In determining this reduction, the department shall
consider the increase in foster care placements of children in the
homes of relatives as provided in Sections 361.3 and 16501.1, and in
Section 505 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (P.L. 104-193; 42 U.S.C.A. Sec. 671(a)),
which result in higher than projected AFDC-FC expenditures for
children described in subparagraph (A). In considering the increase
in relative foster care placements, the department shall adjust the
total to consider only those children whose families have no history
of receiving family preservation services.
(ii) This subparagraph shall become inoperative on the date that
the director executes a declaration, which shall be retained by the
director, specifying that the department has established a kinship
care program that is separate and distinct from the existing foster
care program and that provides services uniquely suited to the needs
of children being cared for by their kin, or on January 1, 2002,
whichever is earlier.
(2) Services which may be provided under this program may include,
but are not limited to, counseling, mental health treatment and
substance abuse treatment services, parenting, respite, day
treatment, transportation, homemaking, and family support services.
Each county that chooses to provide mental health treatment and
substance abuse treatment shall identify and develop these services
in consultation with county mental health treatment and substance
abuse treatment agencies. Additional services may include those
enumerated in Sections 16506 and 16507. The services to be provided
pursuant to this section may be determined by each participating
county. Each county may contract with individuals and organizations
for services to be provided pursuant to this section. Each county
shall utilize available private nonprofit resources in the county
prior to developing new county-operated resources when these private
nonprofit resources are of at least equal quality and costs as
county-operated resources and shall utilize available county
resources of at least equal quality and cost prior to new private
nonprofit resources.
(3) Participating counties authorized by this subdivision shall
provide specific programs of direct services based on individual
family needs as reflected in the service plans to families of the
following:
(A) Children who are dependent children not taken from physical
custody of their parents or guardians pursuant to Section 364.
(B) Children who are dependent children removed from the physical
custody of their parents or guardian pursuant to Section 361.
(C) Children who it is determined will probably soon be within the
jurisdiction of the juvenile court pursuant to Section 301.
(D) Upon approval of the department, children who have been
adjudged wards of the court pursuant to Sections 601 and 602.
(E) Upon approval of the department, families of children subject
to Sections 726 and 727.
(F) Upon approval of the department, children who are determined
to require out-of-home placement pursuant to Section 7572.5 of the
Government Code.
(4) The services shall only be provided to families whose children
will be placed in out-of-home care without the provision of services
or to children who can be returned to their families with the
provision of services.
(5) The services selected by any participating county shall be
reasonable and meritorious and shall demonstrate cost-effectiveness
and success at avoiding out-of-home placement, or reducing the length
of stay in out-of-home placement. A county shall not expend more
funds for services under this subdivision than that amount which
would be expended for placement in out-of-home care.
(6) The program in each county shall be deemed successful if it
meets the following standards:
(A) Enables families to resolve their own problems, effectively
utilize service systems, and advocate for their children in
educational and social agencies.
(B) Enhancing family functioning by building on family strengths.
(C) At least 75 percent of the children receiving services remain
in their own home for six months after termination of services.
(D) During the first year after services are terminated:
(i) At least 60 percent of the children receiving services remain
at home one year after services are terminated.
(ii) The average length of stay in out-of-home care of children
selected to receive services who have already been removed from their
home and placed in out-of-home care is 50 percent less than the
average length of stay in out-of-home care of children who do not
receive program services.
(E) Two years after the termination of family preservation
services:
(i) The average length of out-of-home stay of children selected to
receive services under this section who, at the time of selection,
are in out-of-home care, is 50 percent less than the average length
of stay in out-of-home care for children in out-of-home care who do
not receive services pursuant to this section.
(ii) At least 60 percent of the children who were returned home
pursuant to this section remain at home.
(7) Funds used for services provided under this section shall
supplement, not supplant, child welfare services funds available for
services pursuant to Sections 16506 and 16507.
(8) Each county participating in the program authorized by this
section shall only continue to utilize the advance fund-claiming
mechanism specified in paragraph (1) if the department finds the
county has demonstrated the successful outcome of the county program,
based on the criteria for success specified in paragraph (6).
(9) Programs authorized after the original pilot projects shall
submit data to the department upon the department's request.
(d) (1) A county welfare department social worker or probation
officer may, pursuant to an appropriate court order, return a
dependent minor or ward of the court removed from the home pursuant
to Section 361 to his or her home, with appropriate interagency
family preservation program services.
(2) The county probation department may, with the approval of the
State Department of Social Services, through an interagency agreement
with the county welfare department, refer cases to the county
welfare department for the direct provision of services under this
subdivision.
(e) State foster care funds shall remain within the administrative
authority of the county welfare department and shall be used only
for placement services or placement prevention services or county
welfare department administrative cost related to the interagency
family preservation program.
(f) To the extent permitted by federal law, any federal funds
provided for services to families and children may be utilized for
the purposes of this section.
(g) A county may establish family preservation programs that serve
one or more geographic areas of the county, subject to the approval
of the State Department of Social Services.
16500.51. (a) In addition to participation in the program provided
for under Section 16500.5, Solano and Alameda Counties may, on a
two-year project basis, and subject to the election of the board of
supervisors of each county to participate, expand the program
provided for in Section 16500.5 to also provide those family
preservation services to:
(1) Children who have been adjudged wards of the court pursuant to
Sections 601 and 602.
(2) Families of children subject to Section 726 and 727.
(b) Except as otherwise provided in this section, the expanded
programs authorized under this section shall be subject to all of the
provisions of Section 16500.5 and shall be administered in
accordance with Section 16500.5, including, but not limited to, the
funding mechanism set forth in paragraph (1) of subdivision (b) of
Section 16500.5.
(c) The county probation department, through an interagency
agreement with the county welfare department, may refer cases to the
county welfare department for the provision of services under this
subdivision.
(d) The county shall ensure that the proportion of funds used for
family preservation services for families and children needing these
services pursuant to Sections 300, 330, 361, and 364 shall be no less
than the proportion of those children in the county's foster care
population.
(e) A dependent minor or ward of the court removed from the home
pursuant to Section 726 may also be returned to his or her home with
appropriate interagency family preservation services as provided in
subdivision (c) of Section 16500.5.
16500.51. (a) Any county that elects to continue to conduct a
family preservation program pursuant to subdivision (c) of Section
16500.5 may request a permanent transfer of funds from the category
of General Fund moneys appropriated for out-of-home placement
provided pursuant to subdivision (d) of Section 11450 for children
subject to Section 300, 301, 360, 361, or 364, and, as permitted by
the department, children subject to Sections 601, 602, 726, 727, and
7572.5 of the Government Code, for that county, to the category of
child welfare services as specified in subdivision (j) of Section
16501 for the purposes of providing family preservation services, if
the county's implementation of the family preservation program has
been based upon a plan, approved by the department, that includes
phased-in implementation. The amount identified for transfer shall be
the amount calculated as provided in Section 16500.5.
(b) Subject to the approval of the department, a county may
receive upon its request, at any time after the permanent transfer of
funds specified in subdivision (a) has been made, a supplemental
permanent transfer of funds to serve additional populations of
eligible children who were not served during the initial phase of
plan implementation. The maximum amount that may be transferred
pursuant to this subdivision shall be subject to the limits specified
in subdivision (c) of Section 16500.5.
16500.55. (a) Subject to the approval of the State Department of
Social Services and the Department of Finance, the family
preservation program provided for under Section 16500.5 may be
expanded to allow the participation of any county which submits a
family preservation plan pursuant to Section 16500.5 to the State
Department of Social Services.
(b) All of these family preservation programs shall be implemented
and administered in accordance with Section 16500.5.
(c) The department shall only approve participation of any county
that was not participating in the program, pursuant to subdivision
(b) of Section 16500.5, on September 21, 1990, if the county has a
high probability of success and if the majority of the family
preservation projects are deemed successful, based on criteria set
forth in paragraph (7) of subdivision (b) of Section 16500.5.
(d) Not more than 24 additional counties per year may participate
pursuant to this section.
(e) Any county which participates in the program pursuant to this
section on or after the effective date of the act which amends this
section in the 1991 calendar year shall provide services to children
who have been adjudged wards of the court pursuant to Sections 601
and 602 only to the extent approved by the department.
16500.65. (a) In addition to the three programs authorized under
Section 16500.5, Contra Costa County may implement a family
preservation and reunification program. The program shall be
administered in accordance with Section 16500.5, including, but not
limited to, the funding mechanism set forth in paragraph (1) of
subdivision (b) of Section 16500.5, and shall be subject to all of
the provisions of that section.
(b) The family preservation program authorized by this section may
serve all of the following:
(1) Families receiving those services pursuant to Sections 300,
330, 361, and 364.
(2) Children who have been adjudged wards of the court pursuant to
Sections 601 and 602.
(3) Families of children subject to Sections 726 and 727.
(c) The county probation department may, through an interagency
agreement with the county welfare department, refer cases to the
county welfare department for the direct provision of services under
this subdivision.
(d) The county shall ensure that the proportion of funds used for
family preservation services for families and children needing those
services pursuant to Sections 300, 330, 361, and 364 shall be no less
than the proportion of those children in the county's foster care
program.
(e) Any private funds made available to the county for family
preservation services shall be applied to the AFDC-FC advance through
the end of the 1990-91 fiscal year.
(f) The project authorized by this subdivision shall be deemed
successful if the following criteria have been met:
(1) At least 75 percent of the children who are not placed in
out-of-home care and who receive project services remain in their
home for at least six months after the termination of family
preservation services.
(2) Two years after the termination of family preservation
services, the average length of out-of-home stay of children selected
to receive services under this section who, at the time of
selection, are in out-of-home care, is 50 percent less than the
average length of stay in out-of-home care for children in
out-of-home care who do not receive demonstration project services
pursuant to this section.
(3) Two years after project services are terminated, at least 60
percent of the children who were returned home with project services
remain at home.
(g) (1) The participating county shall submit, to the department
and to the appropriate committees of the Legislature, a preliminary
report upon the conclusion of the demonstration project, and a final
report six months after the conclusion of the project.
(2) The participating county shall, in the reports required by
paragraph (1), demonstrate the extent the project met the criteria
for determining the success of the project specified in subdivision
(f).
(h) A dependent minor or ward of the court removed from the home
pursuant to Section 726 may also be returned to his or her home with
appropriate interagency family preservation services as provided in
subdivision (c) of Section 16500.5.
16500.8. (a) The department shall, in consultation with the County
Welfare Directors Association, seek additional federal revenues to
finance the family preservation activities described in Section
16500.7. Those revenue sources shall include, but need not be limited
to, all of the following:
(1) Title IV-A of the federal Social Security Act, contained in
Part A (commencing with Section 601) of Subchapter 4 of Chapter 7 of
Title 42 of the United States Code.
(2) Title IV-E of the federal Social Security Act contained in
Part E (commencing with Section 670) of Subchapter 4 of Chapter 7 of
Title 42 of the United States Code.
(3) Title IV-B of the federal Social Security Act contained in
Part B (commencing with Section 620) of Subchapter 4 of Chapter 7 of
Title 42 of the United States Code.
(4) Title XIX of the federal Social Security Act, contained in
Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42
of the United States Code.
(b) It is the intent of the Legislature that any additional funds
received pursuant to this section shall supplement, and not supplant,
existing General Fund support for family preservation services.
16500.9. The department shall establish one full-time position,
within the office of the director, to assist counties in complying
with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.) and related state laws, regulations, and rules of court. This
assistance shall include, but not be limited to, all of the
following:
(a) Acting as a clearinghouse for up-to-date information regarding
tribes within and outside of the state.
(b) Providing information and support regarding the requirements
of laws, regulations, and rules of court in juvenile dependency cases
involving a child who is subject to the federal Indian Child Welfare
Act.
(c) Providing or coordinating training and technical assistance
for counties regarding the requirements described in subdivision (b).
16501. (a) As used in this chapter, "child welfare services" means
public social services which are directed toward the accomplishment
of any or all of the following purposes: protecting and promoting the
welfare of all children, including handicapped, homeless, dependent,
or neglected children; preventing or remedying, or assisting in the
solution of problems which may result in, the neglect, abuse,
exploitation, or delinquency of children; preventing the unnecessary
separation of children from their families by identifying family
problems, assisting families in resolving their problems, and
preventing breakup of the family where the prevention of child
removal is desirable and possible; restoring to their families
children who have been removed, by the provision of services to the
child and the families; identifying children to be placed in suitable
adoptive homes, in cases where restoration to the biological family
is not possible or appropriate; and ensuring adequate care of
children away from their homes, in cases where the child cannot be
returned home or cannot be placed for adoption.
"Child welfare services" also means services provided on behalf of
children alleged to be the victims of child abuse, neglect, or
exploitation. The child welfare services provided on behalf of each
child represent a continuum of services, including emergency response
services, family preservation services, family maintenance services,
family reunification services, and permanent placement services,
including transitional independent living services. The individual
child's case plan is the guiding principle in the provision of these
services. The case plan shall be developed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) if the child has not been removed
from his or her home, or by the date of the dispositional hearing
pursuant to Section 358, whichever comes first.
(1) Child welfare services may include, but are not limited to, a
range of service-funded activities, including case management,
counseling, emergency shelter care, emergency in-home caretakers,
temporary in-home caretakers, respite care, therapeutic day services,
teaching and demonstrating homemakers, parenting training, substance
abuse testing, and transportation. These service-funded activities
shall be available to children and their families in all phases of
the child welfare program in accordance with the child's case plan
and departmental regulations. Funding for services is limited to the
amount appropriated in the annual Budget Act and other available
county funds.
(2) Service-funded activities to be provided may be determined by
each county, based upon individual child and family needs as
reflected in the service plan.
(3) As used in this chapter, "emergency shelter care" means
emergency shelter provided to children who have been removed pursuant
to Section 300 from their parent or parents or their guardian or
guardians. The department may establish, by regulation, the time
periods for which emergency shelter care shall be funded. For the
purposes of this paragraph, "emergency shelter care" may include
"transitional shelter care facilities" as defined in paragraph (11)
of subdivision (a) of Section 1502 of the Health and Safety Code.
(b) As used in this chapter, "respite care" means temporary care
for periods not to exceed 72 hours. This care may be provided to the
child's parents or guardians. This care shall not be limited by
regulation to care over 24 hours. These services shall not be
provided for the purpose of routine, ongoing child care.
(c) The county shall provide child welfare services as needed
pursuant to an approved service plan and in accordance with
regulations promulgated, in consultation with the counties, by the
department. Counties may contract for service-funded activities as
defined in paragraph (1) of subdivision (a). Each county shall use
available private child welfare resources prior to developing new
county-operated resources when the private child welfare resources
are of at least equal quality and lesser or equal cost as compared
with county-operated resources. Counties shall not contract for needs
assessment, client eligibility determination, or any other activity
as specified by regulations of the State Department of Social
Services, except as specifically authorized in Section 16100.
(d) Nothing in this chapter shall be construed to affect duties
which are delegated to probation officers pursuant to Sections 601
and 654.
(e) Any county may utilize volunteer individuals to supplement
professional child welfare services by providing ancillary support
services in accordance with regulations adopted by the State
Department of Social Services.
(f) As used in this chapter, emergency response services consist
of a response system providing in-person response, 24 hours a day,
seven days a week, to reports of abuse, neglect, or exploitation, as
required by Article 2.5 (commencing with Section 11164) of Chapter 2
of Title 1 of Part 4 of the Penal Code for the purpose of
investigation pursuant to Section 11166 of the Penal Code and to
determine the necessity for providing initial intake services and
crisis intervention to maintain the child safely in his or her own
home or to protect the safety of the child. County welfare
departments shall respond to any report of imminent danger to a child
immediately and all other reports within 10 calendar days. An
in-person response is not required when the county welfare
department, based upon an evaluation of risk, determines that an
in-person response is not appropriate. This evaluation includes
collateral, contacts, a review of previous referrals, and other
relevant information, as indicated.
(g) As used in this chapter, family maintenance services are
activities designed to provide in-home protective services to prevent
or remedy neglect, abuse, or exploitation, for the purposes of
preventing separation of children from their families.
(h) As used in this chapter, family reunification services are
activities designed to provide time-limited foster care services to
prevent or remedy neglect, abuse, or exploitation, when the child
cannot safely remain at home, and needs temporary foster care, while
services are provided to reunite the family.
(i) As used in this chapter, permanent placement services are
activities designed to provide an alternate permanent family
structure for children who because of abuse, neglect, or exploitation
cannot safely remain at home and who are unlikely to ever return
home. These services shall be provided on behalf of children for whom
there has been a judicial determination of a permanent plan for
adoption, legal guardianship, or long-term foster care, and, as
needed, shall include transitional independent living services.
(j) As used in this chapter, family preservation services include
those services specified in Section 16500.5 to avoid or limit
out-of-home placement of children, and may include those services
specified in that section to place children in the least restrictive
environment possible.
(k) (1) (A) In any county electing to implement this subdivision,
all county welfare department employees who have frequent and routine
contact with children shall, by February 1, 1997, and all welfare
department employees who are expected to have frequent and routine
contact with children and who are hired on or after January 1, 1996,
and all such employees whose duties change after January 1, 1996, to
include frequent and routine contact with children, shall, if the
employees provide services to children who are alleged victims of
abuse, neglect, or exploitation, sign a declaration under penalty of
perjury regarding any prior criminal conviction, and shall provide a
set of fingerprints to the county welfare director.
(B) The county welfare director shall secure from the Department
of Justice a criminal record to determine whether the employee has
ever been convicted of a crime other than a minor traffic violation.
The Department of Justice shall deliver the criminal record to the
county welfare director.
(C) If it is found that the employee has been convicted of a
crime, other than a minor traffic violation, the county welfare
director shall determine whether there is substantial and convincing
evidence to support a reasonable belief that the employee is of good
character so as to justify frequent and routine contact with
children.
(D) No exemption shall be granted pursuant to subparagraph (C) if
the person has been convicted of a sex offense against a minor, or
has been convicted of an offense specified in Section 220, 243.4,
264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of
Section 273a of, or subdivision (a) or (b) of Section 368 of, the
Penal Code, or has been convicted of an offense specified in
subdivision (c) of Section 667.5 of the Penal Code. The county
welfare director shall suspend such a person from any duties
involving frequent and routine contact with children.
(E) Notwithstanding subparagraph (D), the county welfare director
may grant an exemption if the employee or prospective employee, who
was convicted of a crime against an individual specified in paragraph
(1) or (7) of subdivision (c) of Section 667.5 of the Penal Code,
has been rehabilitated as provided in Section 4852.03 of the Penal
Code and has maintained the conduct required in Section 4852.05 of
the Penal Code for at least 10 years and has the recommendation of
the district attorney representing the employee's or prospective
employee's county of residence, or if the employee or prospective
employee has received a certificate of rehabilitation pursuant to
Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of
the Penal Code. In that case, the county welfare director may give
the employee or prospective employee an opportunity to explain the
conviction and shall consider that explanation in the evaluation of
the criminal conviction record.
(F) If no criminal record information has been recorded, the
county welfare director shall cause a statement of that fact to be
included in that person's personnel file.
(2) For purposes of this subdivision, a conviction means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere. Any action which the county welfare director is permitted
to take following the establishment of a conviction may be taken
when the time for appeal has elapsed, or the judgment of conviction
has been affirmed on appeal or when an order granting probation is
made suspending the imposition of sentence, notwithstanding a
subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal
Code permitting the person to withdraw his or her plea of guilty and
to enter a plea of not guilty, or setting aside the verdict of
guilty, or dismissing the accusation, information, or indictment. For
purposes of this subdivision, the record of a conviction, or a copy
thereof certified by the clerk of the court or by a judge of the
court in which the conviction occurred, shall be conclusive evidence
of the conviction.
16501.1. (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
(b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
(2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
(3) Upon a determination pursuant to paragraph (1) of subdivision
(e) of Section 361.5 that reasonable services will be offered to a
parent who is incarcerated in a county jail or state prison, the case
plan shall include information, to the extent possible, about a
parent's incarceration in a county jail or the state prison during
the time that a minor child of that parent is involved in dependency
care.
(4) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
(5) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
(c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
family like and the most appropriate setting that is available and in
close proximity to the parent's home, proximity to the child's
school, and consistent with the selection of the environment best
suited to meet the child's special needs and best interests. The
selection shall consider, in order of priority, placement with
relatives, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code. On
or after January 1, 2012, for a nonminor dependent, as defined in
subdivision (v) of Section 11400, who is receiving AFDC-FC benefits
up to 21 years of age pursuant to Section 11403, in addition to the
above requirements, the selection of the placement, including a
supervised independent living setting, as described in Section 11400,
shall also be based upon the developmental needs of young adults by
providing opportunities to have incremental responsibilities that
prepare a nonminor dependent to transition to independent living. If
admission to, or continuation in, a group home placement is being
considered for a nonminor dependent, the group home placement
approval decision shall include a youth-driven, team-based case
planning process, as defined by the department, in consultation with
stakeholders. The case plan shall consider the full range of
placement options, and shall specify why admission to, or
continuation in, a group home placement is the best alternative
available at the time to meet the special needs or well-being of the
nonminor dependent, and how the placement will contribute to the
nonminor dependent's transition to independent living. The case plan
shall specify the treatment strategies that will be used to prepare
the nonminor dependent for discharge to a less restrictive and more
family-like setting, including a target date for discharge from the
group home placement. The placement shall be reviewed and updated on
a regular, periodic basis to ensure that continuation in the group
home remains in the best interests of the nonminor dependent and that
progress is being made in achieving case plan goals leading to
independent living. The group home placement planning process shall
begin as soon as it becomes clear to the county welfare department or
probation office that a foster child in group home placement is
likely to remain in group home placement on his or her 18th birthday,
in order to expedite the transition to a less restrictive and more
family-like setting if he or she becomes a nonminor dependent. The
case planning process shall include informing the youth of all of his
or her options, including, but not limited to, admission to or
continuation in a group home placement. Consideration for
continuation of existing group home placement for a nonminor
dependent under 19 years of age may include the need to stay in the
same placement in order to complete high school. After a nonminor
dependent either completes high school or attains his or her 19th
birthday, whichever is earlier, continuation in or admission to a
group home is prohibited unless the nonminor dependent satisfies the
conditions of paragraph (5) of subdivision (b) of Section 11403, and
group home placement functions as a short-term transition to the
appropriate system of care.
(2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school of origin, and school attendance area, the number of school
transfers the child has previously experienced, and the child's
school matriculation schedule, in addition to other indicators of
educational stability that the Legislature hereby encourages the
State Department of Social Services and the State Department of
Education to develop.
(d) A written case plan shall be completed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) of Section 16501 if the child has not
been removed from his or her home, or by the date of the
dispositional hearing pursuant to Section 358, whichever occurs
first. The case plan shall be updated, as the service needs of the
child and family dictate. At a minimum, the case plan shall be
updated in conjunction with each status review hearing conducted
pursuant to Section 366.21, and the hearing conducted pursuant to
Section 366.26, but no less frequently than once every six months.
Each updated case plan shall include a description of the services
that have been provided to the child under the plan and an evaluation
of the appropriateness and effectiveness of those services.
(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child's family, as well as the input of relatives and other
interested parties.
(2) The extension of the maximum time available for preparing a
written case plan from the 30 to 60 days shall be effective 90 days
after the date that the department gives counties written notice that
necessary changes have been made to the Child Welfare Services Case
Management System to account for the 60-day timeframe for preparing a
written case plan.
(e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
(f) The case plan shall be developed as follows:
(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
(4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative,
consistent with federal law and in accordance with the department's
approved state plan. For children in out-of-state group home
facilities, visits shall be conducted at least monthly, pursuant to
Section 16516.5. At least once every six months, at the time of a
regularly scheduled social worker contact with the foster child, the
child's social worker shall inform the child of his or her rights as
a foster child, as specified in Section 16001.9. The social worker
shall provide the information to the child in a manner appropriate to
the age or developmental level of the child.
(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
(B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
(A) The death of an immediate relative.
(B) The birth of a sibling.
(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
(8) Effective January 1, 2010, a case plan shall ensure the
educational stability of the child while in foster care and shall
include both of the following:
(A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of
placement.
(B) An assurance that the placement agency has coordinated with
the person holding the right to make educational decisions for the
child and appropriate local educational agencies to ensure that the
child remains in the school in which the child is enrolled at the
time of placement or, if remaining in that school is not in the best
interests of the child, assurances by the placement agency and the
local educational agency to provide immediate and appropriate
enrollment in a new school and to provide all of the child's
educational records to the new school.
(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings. This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
(B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.
(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest. A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
(12) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In a voluntary service or placement
agreement, the parents or legal guardians shall be required to
review and sign the case plan. Whenever possible, parents and legal
guardians shall participate in the development of the case plan.
Commencing January 1, 2012, for nonminor dependents, as defined in
subdivision (v) of Section 11400, who are receiving AFDC-FC up to 21
years of age pursuant to Section 11403, the case plan shall be
developed with, and signed by, the nonminor.
(B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be advised
that the parent's or guardian's failure to cooperate, except for
good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of age
or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.
(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
(15) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child's wishes regarding their permanent
placement plan and an assessment of those stated wishes. The agency
shall also include documentation of the steps the agency is taking to
find an adoptive family or other permanent living arrangements for
the child; to place the child with an adoptive family, an appropriate
and willing relative, a legal guardian, or in another planned
permanent living arrangement; and to finalize the adoption or legal
guardianship. At a minimum, the documentation shall include
child-specific recruitment efforts, such as the use of state,
regional, and national adoption exchanges, including electronic
exchange systems, when the child has been freed for adoption. If the
plan is for kinship guardianship, the case plan shall document how
the child meets the kinship guardianship eligibility requirements.
(16) (A) When appropriate, for a child who is 16 years of age or
older and, commencing January 1, 2012, for a nonminor dependent, the
case plan shall include a written description of the programs and
services that will help the child, consistent with the child's best
interests, prepare for the transition from foster care to independent
living, and whether the youth has an in-progress application pending
for Title XVI Supplemental Security Income benefits or for Special
Juvenile Immigration Status or other applicable application for legal
residency and an active dependency case is required for that
application. When appropriate, for a nonminor dependent, the case
plan shall include a written description of the program and services
that will help the nonminor dependent, consistent with his or her
best interests, to prepare for transition from foster care and assist
the youth in meeting the eligibility criteria set forth in Section
11403. If applicable, the case plan shall describe the individualized
supervision provided in the supervised independent living setting as
defined, in subdivision (w) of Section 11400. The case plan shall be
developed with the child or nonminor dependent and individuals
identified as important to the child or nonminor dependent, and shall
include steps the agency is taking to ensure that the child or
nonminor dependent achieves permanence, including maintaining or
obtaining permanent connections to caring and committed adults.
(B) During the 90-day period prior to the participant attaining 18
years of age or older as the state may elect under Section 475(8)(B)
(iii) (42 U.S.C. Sec. 675(8)(B)(iii)) of the federal Social Security
Act, whether during that period foster care maintenance payments are
being made on the child's behalf or the child is receiving benefits
or services under Section 477 (42 U.S.C. Sec. 677) of the federal
Social Security Act, a caseworker or other appropriate agency staff
or probation officer and other representatives of the participant, as
appropriate, shall provide the youth or nonminor with assistance and
support in developing the written 90-day transition plan, that is
personalized at the direction of the child, information as detailed
as the participant elects that shall include, but not be limited to,
options regarding housing, health insurance, education, local
opportunities for mentors and continuing support services, and
workforce supports and employment services.
(g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation. This section does not require or prohibit
the social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
(h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
(i) When a child who is 10 years of age or older and who has been
in out-of-home placement for six months or longer, the case plan
shall include an identification of individuals, other than the child'
s siblings, who are important to the child and actions necessary to
maintain the child's relationship with those individuals, provided
that those relationships are in the best interest of the child. The
social worker shall ask every child who is 10 years of age or older
and who has been in out-of-home placement for six months or longer to
identify individuals other than the child's siblings who are
important to the child, and may ask any other child to provide that
information, as appropriate. The social worker shall make efforts to
identify other individuals who are important to the child, consistent
with the child's best interests.
(j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
(k) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association and other advocates,
shall develop a comprehensive plan to ensure that 90 percent of
foster children are visited by their caseworkers on a monthly basis
by October 1, 2011, and that the majority of the visits occur in the
residence of the child. The plan shall include any data reporting
requirements necessary to comply with the provisions of the federal
Child and Family Services Improvement Act of 2006 (Public Law
109-288).
(l) The implementation and operation of the amendments to
subdivision (i) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
16501.15. As used in subdivisions (b) and (c) of Section 16501.1, a
home or setting that is "safe" means that the home or setting is
free from abuse or neglect, as described in Section 11165.5 of the
Penal Code.
16501.2. (a) The Legislature finds and declares all of the
following:
(1) Safety, stability, and the permanence of families in the child
welfare system are of paramount importance.
(2) Ongoing assessments that build on the strength of the child
and family unit, and that identify desired outcomes, are critical in
the development of appropriate case plans for children.
(3) If it is necessary to place a child in out-of-home care, the
use of a formal child and family assessment can enhance the
appropriateness of placement and the identification and delivery of
services necessary to meet the child's needs and strengths,
consistent with case plan goals.
(b) On or before December 31, 1998, the department shall issue to
all county placing agencies and the courts, current best practice
guidelines for the assessment of a child and the child's family unit.
The guidelines shall include recommended methods for gathering
certain background information on the child and the child's family
unit, identifying appropriate services for the case plan, and methods
of monitoring and reassessing the case plan to best meet case plan
goals. For children placed in group homes or foster family agencies,
the guidelines shall include methods for identifying appropriate
placement options, and monitoring the services provided by the group
home or foster family agency to best address the strengths and needs
of the child and the child's family unit.
(c) (1) The department shall conduct a pilot project to test the
effectiveness of utilizing best practice standards for the assessment
of children and families receiving child welfare and foster care
services, for the purpose of identifying the strengths and needs of
the family and the child, developing and monitoring appropriate case
plans, and determining appropriate services.
(2) The pilot project shall meet all of the following conditions:
(A) On or before July 1, 1999, the department shall solicit
participation in the pilot project by counties, and, to the extent
possible, provide for broad geographical representation. On or before
September 1, 1999, the department shall select pilot counties and
begin operation of the pilot project.
(B) The pilot project shall use an assessment protocol or proc
WELFARE AND INSTITUTIONS CODE
SECTION 16500-16521.5
16500. The state, through the department and county welfare
departments, shall establish and support a public system of statewide
child welfare services to be developed as rapidly as possible and to
be available in each county of the state. All counties shall
establish and maintain specialized organizational entities within the
county welfare department which shall have sole responsibility for
the operation of the child welfare services program.
The Legislature hereby declares its intent, in providing for this
statewide system of child welfare services, that all children are
entitled to be safe and free from abuse and neglect.
16500.1. (a) It is the intent of the Legislature to use the
strengths of families and communities to serve the needs of children
who are alleged to be abused or neglected, as described in Section
300, to reduce the necessity for removing these children from their
home, to encourage speedy reunification of families when it can be
safely accomplished, to locate permanent homes and families for
children who cannot return to their biological families, to reduce
the number of placements experienced by these children, to ensure
that children leaving the foster care system have support within
their communities, to improve the quality and homelike nature of
out-of-home care, and to foster the educational progress of children
in out-of-home care.
(b) In order to achieve the goals specified in subdivision (a),
the state shall encourage the development of approaches to child
protection that do all of the following:
(1) Allow children to remain in their own schools, in close
proximity to their families.
(2) Increase the number and quality of foster families available
to serve these children.
(3) Use a team approach to foster care that permits the biological
and foster family and the child to be part of that team.
(4) Use team decisionmaking in case planning.
(5) Provide support to foster children and foster families.
(6) Ensure that licensing requirements do not create barriers to
recruitment of qualified, high-quality foster homes.
(7) Provide training for foster parents and professional staff on
working effectively with families and communities.
(8) Encourage foster parents to serve as mentors and role models
for biological parents.
(9) Use community resources, including community-based agencies
and volunteer organizations, to assist in developing placements for
children and to provide support for children and their families.
(10) Ensure an appropriate array of placement resources for
children in need of out-of-home care.
(11) Ensure that no child leaves foster care without a lifelong
connection to a committed adult.
(12) Ensure that children are actively involved in the case plan
and permanency planning process.
(c) (1) Each county shall provide the department with a disaster
response plan describing how county programs assisted under Part B
(commencing with Section 620) and Part E (commencing with Section
670) of Subchapter IV of Chapter 7 of Title 42 of the United States
Code (Titles IV-B and IV-E of the Social Security Act) would respond
to a disaster. The plan shall set forth procedures describing how
each county will perform the following services:
(A) Identify, locate, and continue availability of services for
children under state care or supervision who are displaced or
adversely affected by a disaster.
(B) Respond, as appropriate, to new child welfare cases in areas
adversely affected by a disaster, and provide services in those
cases.
(C) Remain in communication with caseworkers and other essential
child welfare personnel who are displaced because of a disaster.
(D) Preserve essential program records.
(E) Coordinate services and share information with other counties.
(2) The department shall review its disaster plan with respect to
subparagraphs (A) to (E), inclusive, of paragraph (1), and shall
revise the plan to clarify the role and responsibilities of the state
in the event of a disaster.
(3) The department shall consult with counties to identify
opportunities for collaboration between counties, and between the
county and the state, in the event of a disaster.
(d) In carrying out the requirements of subdivisions (b) and (c),
the department shall do all of the following:
(1) Consider the existing array of program models provided in
statute and in practice, including, but not limited to, wraparound
services, as defined in Section 18251, children's systems of care, as
provided for in Section 5852, the Oregon Family Unity or Santa Clara
County Family Conference models, which include family conferences at
key points in the casework process, such as when out-of-home
placement or return home is considered, and the Annie E. Casey
Foundation Family to Family initiative, which uses team
decisionmaking in case planning, community-based placement practices
requiring that children be placed in foster care in the communities
where they resided prior to placement, and involve foster families as
team members in family reunification efforts.
(2) Ensure that emergency response services, family maintenance
services, family reunification services, and permanent placement
services are coordinated with the implementation of the models
described in paragraph (1).
(3) Ensure consistency between child welfare services program
regulations and the program models described in paragraph (1).
(e) The department, in conjunction with stakeholders, including,
but not limited to, county child welfare services agencies, foster
parent and group home associations, the California Youth Connection,
and other child advocacy groups, shall review the existing child
welfare services program regulations to ensure that these regulations
are consistent with the legislative intent specified in subdivision
(a). This review shall also determine how to incorporate the best
practice guidelines for assessment of children and families receiving
child welfare and foster care services, as required by Section
16501.2.
(f) The department shall report to the Legislature on the results
of the actions taken under this section on or before January 1, 2002.
16500.5. (a) (1) The Legislature hereby declares its intent to
encourage the continuity of the family unit by:
(A) (i) Providing family preservation services.
(ii) For purposes of this subdivision, "family preservation
services" means intensive services for families whose children,
without these services, would be subject to any of the following:
(I) Be at imminent risk of out-of-home placement.
(II) Remain in existing out-of-home placement for longer periods
of time.
(III) Be placed in a more restrictive out-of-home placement.
(B) Providing supportive services for those children within the
meaning of Sections 360, 361, and 364 when they are returned to the
family unit or when a minor will probably soon be within the
jurisdiction of the juvenile court pursuant to Section 301.
(C) Providing counseling and family support services designed to
eradicate the situation that necessitated intervention.
(2) The Legislature finds that maintaining abused and neglected
children in foster care grows increasingly costly each year, and that
adequate funding for family services which might enable these
children to remain in their homes is not as readily available as
funding for foster care placement.
(3) The Legislature further finds that other state bodies have
addressed this problem through various systems of flexible
reimbursement in child welfare programs that provide for more
intensive and appropriate services to prevent foster care placement
or significantly reduce the length of stay in foster care.
(4) Accordingly, it is the intent of the Legislature in enacting
this section to establish a system of flexible reimbursement in order
to evaluate its potential as an efficient, economical, and effective
alternative to out-of-home placement of children.
(b) It is the intent of the Legislature that family preservation
and support services in California conform to the federal definitions
contained in Section 431 of the Social Security Act as contained in
Public Law 103-66, the Omnibus Budget Reconciliation Act of 1987. The
Legislature finds and declares that California's existing family
preservation programs meet the intent of this new federal initiative.
(c) (1) (A) (i) Any county, subject to the approval of the State
Department of Social Services, may claim, on an annual basis, a
portion of the state's share, and to the extent permitted, the
federal share, of that county's AFDC-FC expenditures pursuant to
subdivision (d) of Section 11450 for children subject to Sections
300, 301, 360, 361, and 364, in advance, provided the county conducts
a program of family reunification and family maintenance services
for families receiving these services pursuant to Sections 300, 301,
360, 364, and, as permitted by the department, children subject to
Sections 601, 602, 726, and 727 of this code, and Section 7572.5 of
the Government Code.
(ii) The department or a participating county may terminate a
county's participation in the program upon 30 days' notice if the
project is deemed unsuccessful by either party.
(iii) For each fiscal year of the program, a participating county
may claim in advance an amount not to exceed an actual dollar amount
that shall not exceed 25 percent of the state's share, and to the
extent permitted, the federal share, of AFDC-FC funds to be expended
by that county pursuant to subdivision (d) of Section 11450 for
children subject to Sections 300, 301, 360, 361, and 364, and if
permitted by the department, Sections 601, 602, 726, and 727,
calculated for the first year of the project.
(iv) The amount of funds to be advanced annually shall be
calculated at the beginning of the county's program described in this
subdivision. The advance shall be determined by projecting the state
share of AFDC-FC General Fund expenditures, and to the extent
permitted, the federal share of AFDC-FC expenditures for abused or
neglected children pursuant to Sections 300, 301, 360, 361, 364, and,
if permitted by the department, Sections 601, 602, 726, and 727,
based upon state, and to the extent permitted, federal expenditures
for AFDC-FC for the previous five years.
(B) Except as provided in subparagraph (C), if the county's total
AFDC-FC General Fund expenditures and, to the extent permitted by
federal law, the federal share of AFDC-FC expenditures, added to the
amount expended from the advance to the county exceeds, by more than
5 percent, the county's total projected AFDC-FC General Fund
expenditures and, to the extent permitted by federal law, the federal
share of AFDC-FC expenditures for that fiscal year, the county shall
fund that portion of the overage in excess of 5 percent on a
100-percent basis. If the sum of a participating county's total
AFDC-FC General Fund expenditures and, to the extent permitted by
federal law, the federal share of AFDC-FC expenditures for their
children, added to the amount expended from the advance to the
county, is less than the total projected AFDC-FC General Fund
expenditures and, to the extent permitted by federal law, the federal
share of AFDC-FC expenditures for their children for that fiscal
year, the county shall receive 25 percent of the amount of the
savings.
(C) (i) A participating county's share of expenditures in excess
of the projected total may be reduced upon approval of the
department. In determining this reduction, the department shall
consider the increase in foster care placements of children in the
homes of relatives as provided in Sections 361.3 and 16501.1, and in
Section 505 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (P.L. 104-193; 42 U.S.C.A. Sec. 671(a)),
which result in higher than projected AFDC-FC expenditures for
children described in subparagraph (A). In considering the increase
in relative foster care placements, the department shall adjust the
total to consider only those children whose families have no history
of receiving family preservation services.
(ii) This subparagraph shall become inoperative on the date that
the director executes a declaration, which shall be retained by the
director, specifying that the department has established a kinship
care program that is separate and distinct from the existing foster
care program and that provides services uniquely suited to the needs
of children being cared for by their kin, or on January 1, 2002,
whichever is earlier.
(2) Services which may be provided under this program may include,
but are not limited to, counseling, mental health treatment and
substance abuse treatment services, parenting, respite, day
treatment, transportation, homemaking, and family support services.
Each county that chooses to provide mental health treatment and
substance abuse treatment shall identify and develop these services
in consultation with county mental health treatment and substance
abuse treatment agencies. Additional services may include those
enumerated in Sections 16506 and 16507. The services to be provided
pursuant to this section may be determined by each participating
county. Each county may contract with individuals and organizations
for services to be provided pursuant to this section. Each county
shall utilize available private nonprofit resources in the county
prior to developing new county-operated resources when these private
nonprofit resources are of at least equal quality and costs as
county-operated resources and shall utilize available county
resources of at least equal quality and cost prior to new private
nonprofit resources.
(3) Participating counties authorized by this subdivision shall
provide specific programs of direct services based on individual
family needs as reflected in the service plans to families of the
following:
(A) Children who are dependent children not taken from physical
custody of their parents or guardians pursuant to Section 364.
(B) Children who are dependent children removed from the physical
custody of their parents or guardian pursuant to Section 361.
(C) Children who it is determined will probably soon be within the
jurisdiction of the juvenile court pursuant to Section 301.
(D) Upon approval of the department, children who have been
adjudged wards of the court pursuant to Sections 601 and 602.
(E) Upon approval of the department, families of children subject
to Sections 726 and 727.
(F) Upon approval of the department, children who are determined
to require out-of-home placement pursuant to Section 7572.5 of the
Government Code.
(4) The services shall only be provided to families whose children
will be placed in out-of-home care without the provision of services
or to children who can be returned to their families with the
provision of services.
(5) The services selected by any participating county shall be
reasonable and meritorious and shall demonstrate cost-effectiveness
and success at avoiding out-of-home placement, or reducing the length
of stay in out-of-home placement. A county shall not expend more
funds for services under this subdivision than that amount which
would be expended for placement in out-of-home care.
(6) The program in each county shall be deemed successful if it
meets the following standards:
(A) Enables families to resolve their own problems, effectively
utilize service systems, and advocate for their children in
educational and social agencies.
(B) Enhancing family functioning by building on family strengths.
(C) At least 75 percent of the children receiving services remain
in their own home for six months after termination of services.
(D) During the first year after services are terminated:
(i) At least 60 percent of the children receiving services remain
at home one year after services are terminated.
(ii) The average length of stay in out-of-home care of children
selected to receive services who have already been removed from their
home and placed in out-of-home care is 50 percent less than the
average length of stay in out-of-home care of children who do not
receive program services.
(E) Two years after the termination of family preservation
services:
(i) The average length of out-of-home stay of children selected to
receive services under this section who, at the time of selection,
are in out-of-home care, is 50 percent less than the average length
of stay in out-of-home care for children in out-of-home care who do
not receive services pursuant to this section.
(ii) At least 60 percent of the children who were returned home
pursuant to this section remain at home.
(7) Funds used for services provided under this section shall
supplement, not supplant, child welfare services funds available for
services pursuant to Sections 16506 and 16507.
(8) Each county participating in the program authorized by this
section shall only continue to utilize the advance fund-claiming
mechanism specified in paragraph (1) if the department finds the
county has demonstrated the successful outcome of the county program,
based on the criteria for success specified in paragraph (6).
(9) Programs authorized after the original pilot projects shall
submit data to the department upon the department's request.
(d) (1) A county welfare department social worker or probation
officer may, pursuant to an appropriate court order, return a
dependent minor or ward of the court removed from the home pursuant
to Section 361 to his or her home, with appropriate interagency
family preservation program services.
(2) The county probation department may, with the approval of the
State Department of Social Services, through an interagency agreement
with the county welfare department, refer cases to the county
welfare department for the direct provision of services under this
subdivision.
(e) State foster care funds shall remain within the administrative
authority of the county welfare department and shall be used only
for placement services or placement prevention services or county
welfare department administrative cost related to the interagency
family preservation program.
(f) To the extent permitted by federal law, any federal funds
provided for services to families and children may be utilized for
the purposes of this section.
(g) A county may establish family preservation programs that serve
one or more geographic areas of the county, subject to the approval
of the State Department of Social Services.
16500.51. (a) In addition to participation in the program provided
for under Section 16500.5, Solano and Alameda Counties may, on a
two-year project basis, and subject to the election of the board of
supervisors of each county to participate, expand the program
provided for in Section 16500.5 to also provide those family
preservation services to:
(1) Children who have been adjudged wards of the court pursuant to
Sections 601 and 602.
(2) Families of children subject to Section 726 and 727.
(b) Except as otherwise provided in this section, the expanded
programs authorized under this section shall be subject to all of the
provisions of Section 16500.5 and shall be administered in
accordance with Section 16500.5, including, but not limited to, the
funding mechanism set forth in paragraph (1) of subdivision (b) of
Section 16500.5.
(c) The county probation department, through an interagency
agreement with the county welfare department, may refer cases to the
county welfare department for the provision of services under this
subdivision.
(d) The county shall ensure that the proportion of funds used for
family preservation services for families and children needing these
services pursuant to Sections 300, 330, 361, and 364 shall be no less
than the proportion of those children in the county's foster care
population.
(e) A dependent minor or ward of the court removed from the home
pursuant to Section 726 may also be returned to his or her home with
appropriate interagency family preservation services as provided in
subdivision (c) of Section 16500.5.
16500.51. (a) Any county that elects to continue to conduct a
family preservation program pursuant to subdivision (c) of Section
16500.5 may request a permanent transfer of funds from the category
of General Fund moneys appropriated for out-of-home placement
provided pursuant to subdivision (d) of Section 11450 for children
subject to Section 300, 301, 360, 361, or 364, and, as permitted by
the department, children subject to Sections 601, 602, 726, 727, and
7572.5 of the Government Code, for that county, to the category of
child welfare services as specified in subdivision (j) of Section
16501 for the purposes of providing family preservation services, if
the county's implementation of the family preservation program has
been based upon a plan, approved by the department, that includes
phased-in implementation. The amount identified for transfer shall be
the amount calculated as provided in Section 16500.5.
(b) Subject to the approval of the department, a county may
receive upon its request, at any time after the permanent transfer of
funds specified in subdivision (a) has been made, a supplemental
permanent transfer of funds to serve additional populations of
eligible children who were not served during the initial phase of
plan implementation. The maximum amount that may be transferred
pursuant to this subdivision shall be subject to the limits specified
in subdivision (c) of Section 16500.5.
16500.55. (a) Subject to the approval of the State Department of
Social Services and the Department of Finance, the family
preservation program provided for under Section 16500.5 may be
expanded to allow the participation of any county which submits a
family preservation plan pursuant to Section 16500.5 to the State
Department of Social Services.
(b) All of these family preservation programs shall be implemented
and administered in accordance with Section 16500.5.
(c) The department shall only approve participation of any county
that was not participating in the program, pursuant to subdivision
(b) of Section 16500.5, on September 21, 1990, if the county has a
high probability of success and if the majority of the family
preservation projects are deemed successful, based on criteria set
forth in paragraph (7) of subdivision (b) of Section 16500.5.
(d) Not more than 24 additional counties per year may participate
pursuant to this section.
(e) Any county which participates in the program pursuant to this
section on or after the effective date of the act which amends this
section in the 1991 calendar year shall provide services to children
who have been adjudged wards of the court pursuant to Sections 601
and 602 only to the extent approved by the department.
16500.65. (a) In addition to the three programs authorized under
Section 16500.5, Contra Costa County may implement a family
preservation and reunification program. The program shall be
administered in accordance with Section 16500.5, including, but not
limited to, the funding mechanism set forth in paragraph (1) of
subdivision (b) of Section 16500.5, and shall be subject to all of
the provisions of that section.
(b) The family preservation program authorized by this section may
serve all of the following:
(1) Families receiving those services pursuant to Sections 300,
330, 361, and 364.
(2) Children who have been adjudged wards of the court pursuant to
Sections 601 and 602.
(3) Families of children subject to Sections 726 and 727.
(c) The county probation department may, through an interagency
agreement with the county welfare department, refer cases to the
county welfare department for the direct provision of services under
this subdivision.
(d) The county shall ensure that the proportion of funds used for
family preservation services for families and children needing those
services pursuant to Sections 300, 330, 361, and 364 shall be no less
than the proportion of those children in the county's foster care
program.
(e) Any private funds made available to the county for family
preservation services shall be applied to the AFDC-FC advance through
the end of the 1990-91 fiscal year.
(f) The project authorized by this subdivision shall be deemed
successful if the following criteria have been met:
(1) At least 75 percent of the children who are not placed in
out-of-home care and who receive project services remain in their
home for at least six months after the termination of family
preservation services.
(2) Two years after the termination of family preservation
services, the average length of out-of-home stay of children selected
to receive services under this section who, at the time of
selection, are in out-of-home care, is 50 percent less than the
average length of stay in out-of-home care for children in
out-of-home care who do not receive demonstration project services
pursuant to this section.
(3) Two years after project services are terminated, at least 60
percent of the children who were returned home with project services
remain at home.
(g) (1) The participating county shall submit, to the department
and to the appropriate committees of the Legislature, a preliminary
report upon the conclusion of the demonstration project, and a final
report six months after the conclusion of the project.
(2) The participating county shall, in the reports required by
paragraph (1), demonstrate the extent the project met the criteria
for determining the success of the project specified in subdivision
(f).
(h) A dependent minor or ward of the court removed from the home
pursuant to Section 726 may also be returned to his or her home with
appropriate interagency family preservation services as provided in
subdivision (c) of Section 16500.5.
16500.8. (a) The department shall, in consultation with the County
Welfare Directors Association, seek additional federal revenues to
finance the family preservation activities described in Section
16500.7. Those revenue sources shall include, but need not be limited
to, all of the following:
(1) Title IV-A of the federal Social Security Act, contained in
Part A (commencing with Section 601) of Subchapter 4 of Chapter 7 of
Title 42 of the United States Code.
(2) Title IV-E of the federal Social Security Act contained in
Part E (commencing with Section 670) of Subchapter 4 of Chapter 7 of
Title 42 of the United States Code.
(3) Title IV-B of the federal Social Security Act contained in
Part B (commencing with Section 620) of Subchapter 4 of Chapter 7 of
Title 42 of the United States Code.
(4) Title XIX of the federal Social Security Act, contained in
Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42
of the United States Code.
(b) It is the intent of the Legislature that any additional funds
received pursuant to this section shall supplement, and not supplant,
existing General Fund support for family preservation services.
16500.9. The department shall establish one full-time position,
within the office of the director, to assist counties in complying
with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.) and related state laws, regulations, and rules of court. This
assistance shall include, but not be limited to, all of the
following:
(a) Acting as a clearinghouse for up-to-date information regarding
tribes within and outside of the state.
(b) Providing information and support regarding the requirements
of laws, regulations, and rules of court in juvenile dependency cases
involving a child who is subject to the federal Indian Child Welfare
Act.
(c) Providing or coordinating training and technical assistance
for counties regarding the requirements described in subdivision (b).
16501. (a) As used in this chapter, "child welfare services" means
public social services which are directed toward the accomplishment
of any or all of the following purposes: protecting and promoting the
welfare of all children, including handicapped, homeless, dependent,
or neglected children; preventing or remedying, or assisting in the
solution of problems which may result in, the neglect, abuse,
exploitation, or delinquency of children; preventing the unnecessary
separation of children from their families by identifying family
problems, assisting families in resolving their problems, and
preventing breakup of the family where the prevention of child
removal is desirable and possible; restoring to their families
children who have been removed, by the provision of services to the
child and the families; identifying children to be placed in suitable
adoptive homes, in cases where restoration to the biological family
is not possible or appropriate; and ensuring adequate care of
children away from their homes, in cases where the child cannot be
returned home or cannot be placed for adoption.
"Child welfare services" also means services provided on behalf of
children alleged to be the victims of child abuse, neglect, or
exploitation. The child welfare services provided on behalf of each
child represent a continuum of services, including emergency response
services, family preservation services, family maintenance services,
family reunification services, and permanent placement services,
including transitional independent living services. The individual
child's case plan is the guiding principle in the provision of these
services. The case plan shall be developed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) if the child has not been removed
from his or her home, or by the date of the dispositional hearing
pursuant to Section 358, whichever comes first.
(1) Child welfare services may include, but are not limited to, a
range of service-funded activities, including case management,
counseling, emergency shelter care, emergency in-home caretakers,
temporary in-home caretakers, respite care, therapeutic day services,
teaching and demonstrating homemakers, parenting training, substance
abuse testing, and transportation. These service-funded activities
shall be available to children and their families in all phases of
the child welfare program in accordance with the child's case plan
and departmental regulations. Funding for services is limited to the
amount appropriated in the annual Budget Act and other available
county funds.
(2) Service-funded activities to be provided may be determined by
each county, based upon individual child and family needs as
reflected in the service plan.
(3) As used in this chapter, "emergency shelter care" means
emergency shelter provided to children who have been removed pursuant
to Section 300 from their parent or parents or their guardian or
guardians. The department may establish, by regulation, the time
periods for which emergency shelter care shall be funded. For the
purposes of this paragraph, "emergency shelter care" may include
"transitional shelter care facilities" as defined in paragraph (11)
of subdivision (a) of Section 1502 of the Health and Safety Code.
(b) As used in this chapter, "respite care" means temporary care
for periods not to exceed 72 hours. This care may be provided to the
child's parents or guardians. This care shall not be limited by
regulation to care over 24 hours. These services shall not be
provided for the purpose of routine, ongoing child care.
(c) The county shall provide child welfare services as needed
pursuant to an approved service plan and in accordance with
regulations promulgated, in consultation with the counties, by the
department. Counties may contract for service-funded activities as
defined in paragraph (1) of subdivision (a). Each county shall use
available private child welfare resources prior to developing new
county-operated resources when the private child welfare resources
are of at least equal quality and lesser or equal cost as compared
with county-operated resources. Counties shall not contract for needs
assessment, client eligibility determination, or any other activity
as specified by regulations of the State Department of Social
Services, except as specifically authorized in Section 16100.
(d) Nothing in this chapter shall be construed to affect duties
which are delegated to probation officers pursuant to Sections 601
and 654.
(e) Any county may utilize volunteer individuals to supplement
professional child welfare services by providing ancillary support
services in accordance with regulations adopted by the State
Department of Social Services.
(f) As used in this chapter, emergency response services consist
of a response system providing in-person response, 24 hours a day,
seven days a week, to reports of abuse, neglect, or exploitation, as
required by Article 2.5 (commencing with Section 11164) of Chapter 2
of Title 1 of Part 4 of the Penal Code for the purpose of
investigation pursuant to Section 11166 of the Penal Code and to
determine the necessity for providing initial intake services and
crisis intervention to maintain the child safely in his or her own
home or to protect the safety of the child. County welfare
departments shall respond to any report of imminent danger to a child
immediately and all other reports within 10 calendar days. An
in-person response is not required when the county welfare
department, based upon an evaluation of risk, determines that an
in-person response is not appropriate. This evaluation includes
collateral, contacts, a review of previous referrals, and other
relevant information, as indicated.
(g) As used in this chapter, family maintenance services are
activities designed to provide in-home protective services to prevent
or remedy neglect, abuse, or exploitation, for the purposes of
preventing separation of children from their families.
(h) As used in this chapter, family reunification services are
activities designed to provide time-limited foster care services to
prevent or remedy neglect, abuse, or exploitation, when the child
cannot safely remain at home, and needs temporary foster care, while
services are provided to reunite the family.
(i) As used in this chapter, permanent placement services are
activities designed to provide an alternate permanent family
structure for children who because of abuse, neglect, or exploitation
cannot safely remain at home and who are unlikely to ever return
home. These services shall be provided on behalf of children for whom
there has been a judicial determination of a permanent plan for
adoption, legal guardianship, or long-term foster care, and, as
needed, shall include transitional independent living services.
(j) As used in this chapter, family preservation services include
those services specified in Section 16500.5 to avoid or limit
out-of-home placement of children, and may include those services
specified in that section to place children in the least restrictive
environment possible.
(k) (1) (A) In any county electing to implement this subdivision,
all county welfare department employees who have frequent and routine
contact with children shall, by February 1, 1997, and all welfare
department employees who are expected to have frequent and routine
contact with children and who are hired on or after January 1, 1996,
and all such employees whose duties change after January 1, 1996, to
include frequent and routine contact with children, shall, if the
employees provide services to children who are alleged victims of
abuse, neglect, or exploitation, sign a declaration under penalty of
perjury regarding any prior criminal conviction, and shall provide a
set of fingerprints to the county welfare director.
(B) The county welfare director shall secure from the Department
of Justice a criminal record to determine whether the employee has
ever been convicted of a crime other than a minor traffic violation.
The Department of Justice shall deliver the criminal record to the
county welfare director.
(C) If it is found that the employee has been convicted of a
crime, other than a minor traffic violation, the county welfare
director shall determine whether there is substantial and convincing
evidence to support a reasonable belief that the employee is of good
character so as to justify frequent and routine contact with
children.
(D) No exemption shall be granted pursuant to subparagraph (C) if
the person has been convicted of a sex offense against a minor, or
has been convicted of an offense specified in Section 220, 243.4,
264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of
Section 273a of, or subdivision (a) or (b) of Section 368 of, the
Penal Code, or has been convicted of an offense specified in
subdivision (c) of Section 667.5 of the Penal Code. The county
welfare director shall suspend such a person from any duties
involving frequent and routine contact with children.
(E) Notwithstanding subparagraph (D), the county welfare director
may grant an exemption if the employee or prospective employee, who
was convicted of a crime against an individual specified in paragraph
(1) or (7) of subdivision (c) of Section 667.5 of the Penal Code,
has been rehabilitated as provided in Section 4852.03 of the Penal
Code and has maintained the conduct required in Section 4852.05 of
the Penal Code for at least 10 years and has the recommendation of
the district attorney representing the employee's or prospective
employee's county of residence, or if the employee or prospective
employee has received a certificate of rehabilitation pursuant to
Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of
the Penal Code. In that case, the county welfare director may give
the employee or prospective employee an opportunity to explain the
conviction and shall consider that explanation in the evaluation of
the criminal conviction record.
(F) If no criminal record information has been recorded, the
county welfare director shall cause a statement of that fact to be
included in that person's personnel file.
(2) For purposes of this subdivision, a conviction means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere. Any action which the county welfare director is permitted
to take following the establishment of a conviction may be taken
when the time for appeal has elapsed, or the judgment of conviction
has been affirmed on appeal or when an order granting probation is
made suspending the imposition of sentence, notwithstanding a
subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal
Code permitting the person to withdraw his or her plea of guilty and
to enter a plea of not guilty, or setting aside the verdict of
guilty, or dismissing the accusation, information, or indictment. For
purposes of this subdivision, the record of a conviction, or a copy
thereof certified by the clerk of the court or by a judge of the
court in which the conviction occurred, shall be conclusive evidence
of the conviction.
16501.1. (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
(b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
(2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
(3) Upon a determination pursuant to paragraph (1) of subdivision
(e) of Section 361.5 that reasonable services will be offered to a
parent who is incarcerated in a county jail or state prison, the case
plan shall include information, to the extent possible, about a
parent's incarceration in a county jail or the state prison during
the time that a minor child of that parent is involved in dependency
care.
(4) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
(5) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
(c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
family like and the most appropriate setting that is available and in
close proximity to the parent's home, proximity to the child's
school, and consistent with the selection of the environment best
suited to meet the child's special needs and best interests. The
selection shall consider, in order of priority, placement with
relatives, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code. On
or after January 1, 2012, for a nonminor dependent, as defined in
subdivision (v) of Section 11400, who is receiving AFDC-FC benefits
up to 21 years of age pursuant to Section 11403, in addition to the
above requirements, the selection of the placement, including a
supervised independent living setting, as described in Section 11400,
shall also be based upon the developmental needs of young adults by
providing opportunities to have incremental responsibilities that
prepare a nonminor dependent to transition to independent living. If
admission to, or continuation in, a group home placement is being
considered for a nonminor dependent, the group home placement
approval decision shall include a youth-driven, team-based case
planning process, as defined by the department, in consultation with
stakeholders. The case plan shall consider the full range of
placement options, and shall specify why admission to, or
continuation in, a group home placement is the best alternative
available at the time to meet the special needs or well-being of the
nonminor dependent, and how the placement will contribute to the
nonminor dependent's transition to independent living. The case plan
shall specify the treatment strategies that will be used to prepare
the nonminor dependent for discharge to a less restrictive and more
family-like setting, including a target date for discharge from the
group home placement. The placement shall be reviewed and updated on
a regular, periodic basis to ensure that continuation in the group
home remains in the best interests of the nonminor dependent and that
progress is being made in achieving case plan goals leading to
independent living. The group home placement planning process shall
begin as soon as it becomes clear to the county welfare department or
probation office that a foster child in group home placement is
likely to remain in group home placement on his or her 18th birthday,
in order to expedite the transition to a less restrictive and more
family-like setting if he or she becomes a nonminor dependent. The
case planning process shall include informing the youth of all of his
or her options, including, but not limited to, admission to or
continuation in a group home placement. Consideration for
continuation of existing group home placement for a nonminor
dependent under 19 years of age may include the need to stay in the
same placement in order to complete high school. After a nonminor
dependent either completes high school or attains his or her 19th
birthday, whichever is earlier, continuation in or admission to a
group home is prohibited unless the nonminor dependent satisfies the
conditions of paragraph (5) of subdivision (b) of Section 11403, and
group home placement functions as a short-term transition to the
appropriate system of care.
(2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school of origin, and school attendance area, the number of school
transfers the child has previously experienced, and the child's
school matriculation schedule, in addition to other indicators of
educational stability that the Legislature hereby encourages the
State Department of Social Services and the State Department of
Education to develop.
(d) A written case plan shall be completed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) of Section 16501 if the child has not
been removed from his or her home, or by the date of the
dispositional hearing pursuant to Section 358, whichever occurs
first. The case plan shall be updated, as the service needs of the
child and family dictate. At a minimum, the case plan shall be
updated in conjunction with each status review hearing conducted
pursuant to Section 366.21, and the hearing conducted pursuant to
Section 366.26, but no less frequently than once every six months.
Each updated case plan shall include a description of the services
that have been provided to the child under the plan and an evaluation
of the appropriateness and effectiveness of those services.
(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child's family, as well as the input of relatives and other
interested parties.
(2) The extension of the maximum time available for preparing a
written case plan from the 30 to 60 days shall be effective 90 days
after the date that the department gives counties written notice that
necessary changes have been made to the Child Welfare Services Case
Management System to account for the 60-day timeframe for preparing a
written case plan.
(e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
(f) The case plan shall be developed as follows:
(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
(4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative,
consistent with federal law and in accordance with the department's
approved state plan. For children in out-of-state group home
facilities, visits shall be conducted at least monthly, pursuant to
Section 16516.5. At least once every six months, at the time of a
regularly scheduled social worker contact with the foster child, the
child's social worker shall inform the child of his or her rights as
a foster child, as specified in Section 16001.9. The social worker
shall provide the information to the child in a manner appropriate to
the age or developmental level of the child.
(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
(B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
(A) The death of an immediate relative.
(B) The birth of a sibling.
(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
(8) Effective January 1, 2010, a case plan shall ensure the
educational stability of the child while in foster care and shall
include both of the following:
(A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of
placement.
(B) An assurance that the placement agency has coordinated with
the person holding the right to make educational decisions for the
child and appropriate local educational agencies to ensure that the
child remains in the school in which the child is enrolled at the
time of placement or, if remaining in that school is not in the best
interests of the child, assurances by the placement agency and the
local educational agency to provide immediate and appropriate
enrollment in a new school and to provide all of the child's
educational records to the new school.
(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings. This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
(B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.
(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest. A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
(12) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In a voluntary service or placement
agreement, the parents or legal guardians shall be required to
review and sign the case plan. Whenever possible, parents and legal
guardians shall participate in the development of the case plan.
Commencing January 1, 2012, for nonminor dependents, as defined in
subdivision (v) of Section 11400, who are receiving AFDC-FC up to 21
years of age pursuant to Section 11403, the case plan shall be
developed with, and signed by, the nonminor.
(B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be advised
that the parent's or guardian's failure to cooperate, except for
good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of age
or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.
(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
(15) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child's wishes regarding their permanent
placement plan and an assessment of those stated wishes. The agency
shall also include documentation of the steps the agency is taking to
find an adoptive family or other permanent living arrangements for
the child; to place the child with an adoptive family, an appropriate
and willing relative, a legal guardian, or in another planned
permanent living arrangement; and to finalize the adoption or legal
guardianship. At a minimum, the documentation shall include
child-specific recruitment efforts, such as the use of state,
regional, and national adoption exchanges, including electronic
exchange systems, when the child has been freed for adoption. If the
plan is for kinship guardianship, the case plan shall document how
the child meets the kinship guardianship eligibility requirements.
(16) (A) When appropriate, for a child who is 16 years of age or
older and, commencing January 1, 2012, for a nonminor dependent, the
case plan shall include a written description of the programs and
services that will help the child, consistent with the child's best
interests, prepare for the transition from foster care to independent
living, and whether the youth has an in-progress application pending
for Title XVI Supplemental Security Income benefits or for Special
Juvenile Immigration Status or other applicable application for legal
residency and an active dependency case is required for that
application. When appropriate, for a nonminor dependent, the case
plan shall include a written description of the program and services
that will help the nonminor dependent, consistent with his or her
best interests, to prepare for transition from foster care and assist
the youth in meeting the eligibility criteria set forth in Section
11403. If applicable, the case plan shall describe the individualized
supervision provided in the supervised independent living setting as
defined, in subdivision (w) of Section 11400. The case plan shall be
developed with the child or nonminor dependent and individuals
identified as important to the child or nonminor dependent, and shall
include steps the agency is taking to ensure that the child or
nonminor dependent achieves permanence, including maintaining or
obtaining permanent connections to caring and committed adults.
(B) During the 90-day period prior to the participant attaining 18
years of age or older as the state may elect under Section 475(8)(B)
(iii) (42 U.S.C. Sec. 675(8)(B)(iii)) of the federal Social Security
Act, whether during that period foster care maintenance payments are
being made on the child's behalf or the child is receiving benefits
or services under Section 477 (42 U.S.C. Sec. 677) of the federal
Social Security Act, a caseworker or other appropriate agency staff
or probation officer and other representatives of the participant, as
appropriate, shall provide the youth or nonminor with assistance and
support in developing the written 90-day transition plan, that is
personalized at the direction of the child, information as detailed
as the participant elects that shall include, but not be limited to,
options regarding housing, health insurance, education, local
opportunities for mentors and continuing support services, and
workforce supports and employment services.
(g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation. This section does not require or prohibit
the social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
(h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
(i) When a child who is 10 years of age or older and who has been
in out-of-home placement for six months or longer, the case plan
shall include an identification of individuals, other than the child'
s siblings, who are important to the child and actions necessary to
maintain the child's relationship with those individuals, provided
that those relationships are in the best interest of the child. The
social worker shall ask every child who is 10 years of age or older
and who has been in out-of-home placement for six months or longer to
identify individuals other than the child's siblings who are
important to the child, and may ask any other child to provide that
information, as appropriate. The social worker shall make efforts to
identify other individuals who are important to the child, consistent
with the child's best interests.
(j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
(k) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association and other advocates,
shall develop a comprehensive plan to ensure that 90 percent of
foster children are visited by their caseworkers on a monthly basis
by October 1, 2011, and that the majority of the visits occur in the
residence of the child. The plan shall include any data reporting
requirements necessary to comply with the provisions of the federal
Child and Family Services Improvement Act of 2006 (Public Law
109-288).
(l) The implementation and operation of the amendments to
subdivision (i) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
16501.15. As used in subdivisions (b) and (c) of Section 16501.1, a
home or setting that is "safe" means that the home or setting is
free from abuse or neglect, as described in Section 11165.5 of the
Penal Code.
16501.2. (a) The Legislature finds and declares all of the
following:
(1) Safety, stability, and the permanence of families in the child
welfare system are of paramount importance.
(2) Ongoing assessments that build on the strength of the child
and family unit, and that identify desired outcomes, are critical in
the development of appropriate case plans for children.
(3) If it is necessary to place a child in out-of-home care, the
use of a formal child and family assessment can enhance the
appropriateness of placement and the identification and delivery of
services necessary to meet the child's needs and strengths,
consistent with case plan goals.
(b) On or before December 31, 1998, the department shall issue to
all county placing agencies and the courts, current best practice
guidelines for the assessment of a child and the child's family unit.
The guidelines shall include recommended methods for gathering
certain background information on the child and the child's family
unit, identifying appropriate services for the case plan, and methods
of monitoring and reassessing the case plan to best meet case plan
goals. For children placed in group homes or foster family agencies,
the guidelines shall include methods for identifying appropriate
placement options, and monitoring the services provided by the group
home or foster family agency to best address the strengths and needs
of the child and the child's family unit.
(c) (1) The department shall conduct a pilot project to test the
effectiveness of utilizing best practice standards for the assessment
of children and families receiving child welfare and foster care
services, for the purpose of identifying the strengths and needs of
the family and the child, developing and monitoring appropriate case
plans, and determining appropriate services.
(2) The pilot project shall meet all of the following conditions:
(A) On or before July 1, 1999, the department shall solicit
participation in the pilot project by counties, and, to the extent
possible, provide for broad geographical representation. On or before
September 1, 1999, the department shall select pilot counties and
begin operation of the pilot project.
(B) The pilot project shall use an assessment protocol or proc
WELFARE AND INSTITUTIONS CODE
SECTION 16500-16521.5
16500. The state, through the department and county welfare
departments, shall establish and support a public system of statewide
child welfare services to be developed as rapidly as possible and to
be available in each county of the state. All counties shall
establish and maintain specialized organizational entities within the
county welfare department which shall have sole responsibility for
the operation of the child welfare services program.
The Legislature hereby declares its intent, in providing for this
statewide system of child welfare services, that all children are
entitled to be safe and free from abuse and neglect.
16500.1. (a) It is the intent of the Legislature to use the
strengths of families and communities to serve the needs of children
who are alleged to be abused or neglected, as described in Section
300, to reduce the necessity for removing these children from their
home, to encourage speedy reunification of families when it can be
safely accomplished, to locate permanent homes and families for
children who cannot return to their biological families, to reduce
the number of placements experienced by these children, to ensure
that children leaving the foster care system have support within
their communities, to improve the quality and homelike nature of
out-of-home care, and to foster the educational progress of children
in out-of-home care.
(b) In order to achieve the goals specified in subdivision (a),
the state shall encourage the development of approaches to child
protection that do all of the following:
(1) Allow children to remain in their own schools, in close
proximity to their families.
(2) Increase the number and quality of foster families available
to serve these children.
(3) Use a team approach to foster care that permits the biological
and foster family and the child to be part of that team.
(4) Use team decisionmaking in case planning.
(5) Provide support to foster children and foster families.
(6) Ensure that licensing requirements do not create barriers to
recruitment of qualified, high-quality foster homes.
(7) Provide training for foster parents and professional staff on
working effectively with families and communities.
(8) Encourage foster parents to serve as mentors and role models
for biological parents.
(9) Use community resources, including community-based agencies
and volunteer organizations, to assist in developing placements for
children and to provide support for children and their families.
(10) Ensure an appropriate array of placement resources for
children in need of out-of-home care.
(11) Ensure that no child leaves foster care without a lifelong
connection to a committed adult.
(12) Ensure that children are actively involved in the case plan
and permanency planning process.
(c) (1) Each county shall provide the department with a disaster
response plan describing how county programs assisted under Part B
(commencing with Section 620) and Part E (commencing with Section
670) of Subchapter IV of Chapter 7 of Title 42 of the United States
Code (Titles IV-B and IV-E of the Social Security Act) would respond
to a disaster. The plan shall set forth procedures describing how
each county will perform the following services:
(A) Identify, locate, and continue availability of services for
children under state care or supervision who are displaced or
adversely affected by a disaster.
(B) Respond, as appropriate, to new child welfare cases in areas
adversely affected by a disaster, and provide services in those
cases.
(C) Remain in communication with caseworkers and other essential
child welfare personnel who are displaced because of a disaster.
(D) Preserve essential program records.
(E) Coordinate services and share information with other counties.
(2) The department shall review its disaster plan with respect to
subparagraphs (A) to (E), inclusive, of paragraph (1), and shall
revise the plan to clarify the role and responsibilities of the state
in the event of a disaster.
(3) The department shall consult with counties to identify
opportunities for collaboration between counties, and between the
county and the state, in the event of a disaster.
(d) In carrying out the requirements of subdivisions (b) and (c),
the department shall do all of the following:
(1) Consider the existing array of program models provided in
statute and in practice, including, but not limited to, wraparound
services, as defined in Section 18251, children's systems of care, as
provided for in Section 5852, the Oregon Family Unity or Santa Clara
County Family Conference models, which include family conferences at
key points in the casework process, such as when out-of-home
placement or return home is considered, and the Annie E. Casey
Foundation Family to Family initiative, which uses team
decisionmaking in case planning, community-based placement practices
requiring that children be placed in foster care in the communities
where they resided prior to placement, and involve foster families as
team members in family reunification efforts.
(2) Ensure that emergency response services, family maintenance
services, family reunification services, and permanent placement
services are coordinated with the implementation of the models
described in paragraph (1).
(3) Ensure consistency between child welfare services program
regulations and the program models described in paragraph (1).
(e) The department, in conjunction with stakeholders, including,
but not limited to, county child welfare services agencies, foster
parent and group home associations, the California Youth Connection,
and other child advocacy groups, shall review the existing child
welfare services program regulations to ensure that these regulations
are consistent with the legislative intent specified in subdivision
(a). This review shall also determine how to incorporate the best
practice guidelines for assessment of children and families receiving
child welfare and foster care services, as required by Section
16501.2.
(f) The department shall report to the Legislature on the results
of the actions taken under this section on or before January 1, 2002.
16500.5. (a) (1) The Legislature hereby declares its intent to
encourage the continuity of the family unit by:
(A) (i) Providing family preservation services.
(ii) For purposes of this subdivision, "family preservation
services" means intensive services for families whose children,
without these services, would be subject to any of the following:
(I) Be at imminent risk of out-of-home placement.
(II) Remain in existing out-of-home placement for longer periods
of time.
(III) Be placed in a more restrictive out-of-home placement.
(B) Providing supportive services for those children within the
meaning of Sections 360, 361, and 364 when they are returned to the
family unit or when a minor will probably soon be within the
jurisdiction of the juvenile court pursuant to Section 301.
(C) Providing counseling and family support services designed to
eradicate the situation that necessitated intervention.
(2) The Legislature finds that maintaining abused and neglected
children in foster care grows increasingly costly each year, and that
adequate funding for family services which might enable these
children to remain in their homes is not as readily available as
funding for foster care placement.
(3) The Legislature further finds that other state bodies have
addressed this problem through various systems of flexible
reimbursement in child welfare programs that provide for more
intensive and appropriate services to prevent foster care placement
or significantly reduce the length of stay in foster care.
(4) Accordingly, it is the intent of the Legislature in enacting
this section to establish a system of flexible reimbursement in order
to evaluate its potential as an efficient, economical, and effective
alternative to out-of-home placement of children.
(b) It is the intent of the Legislature that family preservation
and support services in California conform to the federal definitions
contained in Section 431 of the Social Security Act as contained in
Public Law 103-66, the Omnibus Budget Reconciliation Act of 1987. The
Legislature finds and declares that California's existing family
preservation programs meet the intent of this new federal initiative.
(c) (1) (A) (i) Any county, subject to the approval of the State
Department of Social Services, may claim, on an annual basis, a
portion of the state's share, and to the extent permitted, the
federal share, of that county's AFDC-FC expenditures pursuant to
subdivision (d) of Section 11450 for children subject to Sections
300, 301, 360, 361, and 364, in advance, provided the county conducts
a program of family reunification and family maintenance services
for families receiving these services pursuant to Sections 300, 301,
360, 364, and, as permitted by the department, children subject to
Sections 601, 602, 726, and 727 of this code, and Section 7572.5 of
the Government Code.
(ii) The department or a participating county may terminate a
county's participation in the program upon 30 days' notice if the
project is deemed unsuccessful by either party.
(iii) For each fiscal year of the program, a participating county
may claim in advance an amount not to exceed an actual dollar amount
that shall not exceed 25 percent of the state's share, and to the
extent permitted, the federal share, of AFDC-FC funds to be expended
by that county pursuant to subdivision (d) of Section 11450 for
children subject to Sections 300, 301, 360, 361, and 364, and if
permitted by the department, Sections 601, 602, 726, and 727,
calculated for the first year of the project.
(iv) The amount of funds to be advanced annually shall be
calculated at the beginning of the county's program described in this
subdivision. The advance shall be determined by projecting the state
share of AFDC-FC General Fund expenditures, and to the extent
permitted, the federal share of AFDC-FC expenditures for abused or
neglected children pursuant to Sections 300, 301, 360, 361, 364, and,
if permitted by the department, Sections 601, 602, 726, and 727,
based upon state, and to the extent permitted, federal expenditures
for AFDC-FC for the previous five years.
(B) Except as provided in subparagraph (C), if the county's total
AFDC-FC General Fund expenditures and, to the extent permitted by
federal law, the federal share of AFDC-FC expenditures, added to the
amount expended from the advance to the county exceeds, by more than
5 percent, the county's total projected AFDC-FC General Fund
expenditures and, to the extent permitted by federal law, the federal
share of AFDC-FC expenditures for that fiscal year, the county shall
fund that portion of the overage in excess of 5 percent on a
100-percent basis. If the sum of a participating county's total
AFDC-FC General Fund expenditures and, to the extent permitted by
federal law, the federal share of AFDC-FC expenditures for their
children, added to the amount expended from the advance to the
county, is less than the total projected AFDC-FC General Fund
expenditures and, to the extent permitted by federal law, the federal
share of AFDC-FC expenditures for their children for that fiscal
year, the county shall receive 25 percent of the amount of the
savings.
(C) (i) A participating county's share of expenditures in excess
of the projected total may be reduced upon approval of the
department. In determining this reduction, the department shall
consider the increase in foster care placements of children in the
homes of relatives as provided in Sections 361.3 and 16501.1, and in
Section 505 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (P.L. 104-193; 42 U.S.C.A. Sec. 671(a)),
which result in higher than projected AFDC-FC expenditures for
children described in subparagraph (A). In considering the increase
in relative foster care placements, the department shall adjust the
total to consider only those children whose families have no history
of receiving family preservation services.
(ii) This subparagraph shall become inoperative on the date that
the director executes a declaration, which shall be retained by the
director, specifying that the department has established a kinship
care program that is separate and distinct from the existing foster
care program and that provides services uniquely suited to the needs
of children being cared for by their kin, or on January 1, 2002,
whichever is earlier.
(2) Services which may be provided under this program may include,
but are not limited to, counseling, mental health treatment and
substance abuse treatment services, parenting, respite, day
treatment, transportation, homemaking, and family support services.
Each county that chooses to provide mental health treatment and
substance abuse treatment shall identify and develop these services
in consultation with county mental health treatment and substance
abuse treatment agencies. Additional services may include those
enumerated in Sections 16506 and 16507. The services to be provided
pursuant to this section may be determined by each participating
county. Each county may contract with individuals and organizations
for services to be provided pursuant to this section. Each county
shall utilize available private nonprofit resources in the county
prior to developing new county-operated resources when these private
nonprofit resources are of at least equal quality and costs as
county-operated resources and shall utilize available county
resources of at least equal quality and cost prior to new private
nonprofit resources.
(3) Participating counties authorized by this subdivision shall
provide specific programs of direct services based on individual
family needs as reflected in the service plans to families of the
following:
(A) Children who are dependent children not taken from physical
custody of their parents or guardians pursuant to Section 364.
(B) Children who are dependent children removed from the physical
custody of their parents or guardian pursuant to Section 361.
(C) Children who it is determined will probably soon be within the
jurisdiction of the juvenile court pursuant to Section 301.
(D) Upon approval of the department, children who have been
adjudged wards of the court pursuant to Sections 601 and 602.
(E) Upon approval of the department, families of children subject
to Sections 726 and 727.
(F) Upon approval of the department, children who are determined
to require out-of-home placement pursuant to Section 7572.5 of the
Government Code.
(4) The services shall only be provided to families whose children
will be placed in out-of-home care without the provision of services
or to children who can be returned to their families with the
provision of services.
(5) The services selected by any participating county shall be
reasonable and meritorious and shall demonstrate cost-effectiveness
and success at avoiding out-of-home placement, or reducing the length
of stay in out-of-home placement. A county shall not expend more
funds for services under this subdivision than that amount which
would be expended for placement in out-of-home care.
(6) The program in each county shall be deemed successful if it
meets the following standards:
(A) Enables families to resolve their own problems, effectively
utilize service systems, and advocate for their children in
educational and social agencies.
(B) Enhancing family functioning by building on family strengths.
(C) At least 75 percent of the children receiving services remain
in their own home for six months after termination of services.
(D) During the first year after services are terminated:
(i) At least 60 percent of the children receiving services remain
at home one year after services are terminated.
(ii) The average length of stay in out-of-home care of children
selected to receive services who have already been removed from their
home and placed in out-of-home care is 50 percent less than the
average length of stay in out-of-home care of children who do not
receive program services.
(E) Two years after the termination of family preservation
services:
(i) The average length of out-of-home stay of children selected to
receive services under this section who, at the time of selection,
are in out-of-home care, is 50 percent less than the average length
of stay in out-of-home care for children in out-of-home care who do
not receive services pursuant to this section.
(ii) At least 60 percent of the children who were returned home
pursuant to this section remain at home.
(7) Funds used for services provided under this section shall
supplement, not supplant, child welfare services funds available for
services pursuant to Sections 16506 and 16507.
(8) Each county participating in the program authorized by this
section shall only continue to utilize the advance fund-claiming
mechanism specified in paragraph (1) if the department finds the
county has demonstrated the successful outcome of the county program,
based on the criteria for success specified in paragraph (6).
(9) Programs authorized after the original pilot projects shall
submit data to the department upon the department's request.
(d) (1) A county welfare department social worker or probation
officer may, pursuant to an appropriate court order, return a
dependent minor or ward of the court removed from the home pursuant
to Section 361 to his or her home, with appropriate interagency
family preservation program services.
(2) The county probation department may, with the approval of the
State Department of Social Services, through an interagency agreement
with the county welfare department, refer cases to the county
welfare department for the direct provision of services under this
subdivision.
(e) State foster care funds shall remain within the administrative
authority of the county welfare department and shall be used only
for placement services or placement prevention services or county
welfare department administrative cost related to the interagency
family preservation program.
(f) To the extent permitted by federal law, any federal funds
provided for services to families and children may be utilized for
the purposes of this section.
(g) A county may establish family preservation programs that serve
one or more geographic areas of the county, subject to the approval
of the State Department of Social Services.
16500.51. (a) In addition to participation in the program provided
for under Section 16500.5, Solano and Alameda Counties may, on a
two-year project basis, and subject to the election of the board of
supervisors of each county to participate, expand the program
provided for in Section 16500.5 to also provide those family
preservation services to:
(1) Children who have been adjudged wards of the court pursuant to
Sections 601 and 602.
(2) Families of children subject to Section 726 and 727.
(b) Except as otherwise provided in this section, the expanded
programs authorized under this section shall be subject to all of the
provisions of Section 16500.5 and shall be administered in
accordance with Section 16500.5, including, but not limited to, the
funding mechanism set forth in paragraph (1) of subdivision (b) of
Section 16500.5.
(c) The county probation department, through an interagency
agreement with the county welfare department, may refer cases to the
county welfare department for the provision of services under this
subdivision.
(d) The county shall ensure that the proportion of funds used for
family preservation services for families and children needing these
services pursuant to Sections 300, 330, 361, and 364 shall be no less
than the proportion of those children in the county's foster care
population.
(e) A dependent minor or ward of the court removed from the home
pursuant to Section 726 may also be returned to his or her home with
appropriate interagency family preservation services as provided in
subdivision (c) of Section 16500.5.
16500.51. (a) Any county that elects to continue to conduct a
family preservation program pursuant to subdivision (c) of Section
16500.5 may request a permanent transfer of funds from the category
of General Fund moneys appropriated for out-of-home placement
provided pursuant to subdivision (d) of Section 11450 for children
subject to Section 300, 301, 360, 361, or 364, and, as permitted by
the department, children subject to Sections 601, 602, 726, 727, and
7572.5 of the Government Code, for that county, to the category of
child welfare services as specified in subdivision (j) of Section
16501 for the purposes of providing family preservation services, if
the county's implementation of the family preservation program has
been based upon a plan, approved by the department, that includes
phased-in implementation. The amount identified for transfer shall be
the amount calculated as provided in Section 16500.5.
(b) Subject to the approval of the department, a county may
receive upon its request, at any time after the permanent transfer of
funds specified in subdivision (a) has been made, a supplemental
permanent transfer of funds to serve additional populations of
eligible children who were not served during the initial phase of
plan implementation. The maximum amount that may be transferred
pursuant to this subdivision shall be subject to the limits specified
in subdivision (c) of Section 16500.5.
16500.55. (a) Subject to the approval of the State Department of
Social Services and the Department of Finance, the family
preservation program provided for under Section 16500.5 may be
expanded to allow the participation of any county which submits a
family preservation plan pursuant to Section 16500.5 to the State
Department of Social Services.
(b) All of these family preservation programs shall be implemented
and administered in accordance with Section 16500.5.
(c) The department shall only approve participation of any county
that was not participating in the program, pursuant to subdivision
(b) of Section 16500.5, on September 21, 1990, if the county has a
high probability of success and if the majority of the family
preservation projects are deemed successful, based on criteria set
forth in paragraph (7) of subdivision (b) of Section 16500.5.
(d) Not more than 24 additional counties per year may participate
pursuant to this section.
(e) Any county which participates in the program pursuant to this
section on or after the effective date of the act which amends this
section in the 1991 calendar year shall provide services to children
who have been adjudged wards of the court pursuant to Sections 601
and 602 only to the extent approved by the department.
16500.65. (a) In addition to the three programs authorized under
Section 16500.5, Contra Costa County may implement a family
preservation and reunification program. The program shall be
administered in accordance with Section 16500.5, including, but not
limited to, the funding mechanism set forth in paragraph (1) of
subdivision (b) of Section 16500.5, and shall be subject to all of
the provisions of that section.
(b) The family preservation program authorized by this section may
serve all of the following:
(1) Families receiving those services pursuant to Sections 300,
330, 361, and 364.
(2) Children who have been adjudged wards of the court pursuant to
Sections 601 and 602.
(3) Families of children subject to Sections 726 and 727.
(c) The county probation department may, through an interagency
agreement with the county welfare department, refer cases to the
county welfare department for the direct provision of services under
this subdivision.
(d) The county shall ensure that the proportion of funds used for
family preservation services for families and children needing those
services pursuant to Sections 300, 330, 361, and 364 shall be no less
than the proportion of those children in the county's foster care
program.
(e) Any private funds made available to the county for family
preservation services shall be applied to the AFDC-FC advance through
the end of the 1990-91 fiscal year.
(f) The project authorized by this subdivision shall be deemed
successful if the following criteria have been met:
(1) At least 75 percent of the children who are not placed in
out-of-home care and who receive project services remain in their
home for at least six months after the termination of family
preservation services.
(2) Two years after the termination of family preservation
services, the average length of out-of-home stay of children selected
to receive services under this section who, at the time of
selection, are in out-of-home care, is 50 percent less than the
average length of stay in out-of-home care for children in
out-of-home care who do not receive demonstration project services
pursuant to this section.
(3) Two years after project services are terminated, at least 60
percent of the children who were returned home with project services
remain at home.
(g) (1) The participating county shall submit, to the department
and to the appropriate committees of the Legislature, a preliminary
report upon the conclusion of the demonstration project, and a final
report six months after the conclusion of the project.
(2) The participating county shall, in the reports required by
paragraph (1), demonstrate the extent the project met the criteria
for determining the success of the project specified in subdivision
(f).
(h) A dependent minor or ward of the court removed from the home
pursuant to Section 726 may also be returned to his or her home with
appropriate interagency family preservation services as provided in
subdivision (c) of Section 16500.5.
16500.8. (a) The department shall, in consultation with the County
Welfare Directors Association, seek additional federal revenues to
finance the family preservation activities described in Section
16500.7. Those revenue sources shall include, but need not be limited
to, all of the following:
(1) Title IV-A of the federal Social Security Act, contained in
Part A (commencing with Section 601) of Subchapter 4 of Chapter 7 of
Title 42 of the United States Code.
(2) Title IV-E of the federal Social Security Act contained in
Part E (commencing with Section 670) of Subchapter 4 of Chapter 7 of
Title 42 of the United States Code.
(3) Title IV-B of the federal Social Security Act contained in
Part B (commencing with Section 620) of Subchapter 4 of Chapter 7 of
Title 42 of the United States Code.
(4) Title XIX of the federal Social Security Act, contained in
Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42
of the United States Code.
(b) It is the intent of the Legislature that any additional funds
received pursuant to this section shall supplement, and not supplant,
existing General Fund support for family preservation services.
16500.9. The department shall establish one full-time position,
within the office of the director, to assist counties in complying
with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.) and related state laws, regulations, and rules of court. This
assistance shall include, but not be limited to, all of the
following:
(a) Acting as a clearinghouse for up-to-date information regarding
tribes within and outside of the state.
(b) Providing information and support regarding the requirements
of laws, regulations, and rules of court in juvenile dependency cases
involving a child who is subject to the federal Indian Child Welfare
Act.
(c) Providing or coordinating training and technical assistance
for counties regarding the requirements described in subdivision (b).
16501. (a) As used in this chapter, "child welfare services" means
public social services which are directed toward the accomplishment
of any or all of the following purposes: protecting and promoting the
welfare of all children, including handicapped, homeless, dependent,
or neglected children; preventing or remedying, or assisting in the
solution of problems which may result in, the neglect, abuse,
exploitation, or delinquency of children; preventing the unnecessary
separation of children from their families by identifying family
problems, assisting families in resolving their problems, and
preventing breakup of the family where the prevention of child
removal is desirable and possible; restoring to their families
children who have been removed, by the provision of services to the
child and the families; identifying children to be placed in suitable
adoptive homes, in cases where restoration to the biological family
is not possible or appropriate; and ensuring adequate care of
children away from their homes, in cases where the child cannot be
returned home or cannot be placed for adoption.
"Child welfare services" also means services provided on behalf of
children alleged to be the victims of child abuse, neglect, or
exploitation. The child welfare services provided on behalf of each
child represent a continuum of services, including emergency response
services, family preservation services, family maintenance services,
family reunification services, and permanent placement services,
including transitional independent living services. The individual
child's case plan is the guiding principle in the provision of these
services. The case plan shall be developed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) if the child has not been removed
from his or her home, or by the date of the dispositional hearing
pursuant to Section 358, whichever comes first.
(1) Child welfare services may include, but are not limited to, a
range of service-funded activities, including case management,
counseling, emergency shelter care, emergency in-home caretakers,
temporary in-home caretakers, respite care, therapeutic day services,
teaching and demonstrating homemakers, parenting training, substance
abuse testing, and transportation. These service-funded activities
shall be available to children and their families in all phases of
the child welfare program in accordance with the child's case plan
and departmental regulations. Funding for services is limited to the
amount appropriated in the annual Budget Act and other available
county funds.
(2) Service-funded activities to be provided may be determined by
each county, based upon individual child and family needs as
reflected in the service plan.
(3) As used in this chapter, "emergency shelter care" means
emergency shelter provided to children who have been removed pursuant
to Section 300 from their parent or parents or their guardian or
guardians. The department may establish, by regulation, the time
periods for which emergency shelter care shall be funded. For the
purposes of this paragraph, "emergency shelter care" may include
"transitional shelter care facilities" as defined in paragraph (11)
of subdivision (a) of Section 1502 of the Health and Safety Code.
(b) As used in this chapter, "respite care" means temporary care
for periods not to exceed 72 hours. This care may be provided to the
child's parents or guardians. This care shall not be limited by
regulation to care over 24 hours. These services shall not be
provided for the purpose of routine, ongoing child care.
(c) The county shall provide child welfare services as needed
pursuant to an approved service plan and in accordance with
regulations promulgated, in consultation with the counties, by the
department. Counties may contract for service-funded activities as
defined in paragraph (1) of subdivision (a). Each county shall use
available private child welfare resources prior to developing new
county-operated resources when the private child welfare resources
are of at least equal quality and lesser or equal cost as compared
with county-operated resources. Counties shall not contract for needs
assessment, client eligibility determination, or any other activity
as specified by regulations of the State Department of Social
Services, except as specifically authorized in Section 16100.
(d) Nothing in this chapter shall be construed to affect duties
which are delegated to probation officers pursuant to Sections 601
and 654.
(e) Any county may utilize volunteer individuals to supplement
professional child welfare services by providing ancillary support
services in accordance with regulations adopted by the State
Department of Social Services.
(f) As used in this chapter, emergency response services consist
of a response system providing in-person response, 24 hours a day,
seven days a week, to reports of abuse, neglect, or exploitation, as
required by Article 2.5 (commencing with Section 11164) of Chapter 2
of Title 1 of Part 4 of the Penal Code for the purpose of
investigation pursuant to Section 11166 of the Penal Code and to
determine the necessity for providing initial intake services and
crisis intervention to maintain the child safely in his or her own
home or to protect the safety of the child. County welfare
departments shall respond to any report of imminent danger to a child
immediately and all other reports within 10 calendar days. An
in-person response is not required when the county welfare
department, based upon an evaluation of risk, determines that an
in-person response is not appropriate. This evaluation includes
collateral, contacts, a review of previous referrals, and other
relevant information, as indicated.
(g) As used in this chapter, family maintenance services are
activities designed to provide in-home protective services to prevent
or remedy neglect, abuse, or exploitation, for the purposes of
preventing separation of children from their families.
(h) As used in this chapter, family reunification services are
activities designed to provide time-limited foster care services to
prevent or remedy neglect, abuse, or exploitation, when the child
cannot safely remain at home, and needs temporary foster care, while
services are provided to reunite the family.
(i) As used in this chapter, permanent placement services are
activities designed to provide an alternate permanent family
structure for children who because of abuse, neglect, or exploitation
cannot safely remain at home and who are unlikely to ever return
home. These services shall be provided on behalf of children for whom
there has been a judicial determination of a permanent plan for
adoption, legal guardianship, or long-term foster care, and, as
needed, shall include transitional independent living services.
(j) As used in this chapter, family preservation services include
those services specified in Section 16500.5 to avoid or limit
out-of-home placement of children, and may include those services
specified in that section to place children in the least restrictive
environment possible.
(k) (1) (A) In any county electing to implement this subdivision,
all county welfare department employees who have frequent and routine
contact with children shall, by February 1, 1997, and all welfare
department employees who are expected to have frequent and routine
contact with children and who are hired on or after January 1, 1996,
and all such employees whose duties change after January 1, 1996, to
include frequent and routine contact with children, shall, if the
employees provide services to children who are alleged victims of
abuse, neglect, or exploitation, sign a declaration under penalty of
perjury regarding any prior criminal conviction, and shall provide a
set of fingerprints to the county welfare director.
(B) The county welfare director shall secure from the Department
of Justice a criminal record to determine whether the employee has
ever been convicted of a crime other than a minor traffic violation.
The Department of Justice shall deliver the criminal record to the
county welfare director.
(C) If it is found that the employee has been convicted of a
crime, other than a minor traffic violation, the county welfare
director shall determine whether there is substantial and convincing
evidence to support a reasonable belief that the employee is of good
character so as to justify frequent and routine contact with
children.
(D) No exemption shall be granted pursuant to subparagraph (C) if
the person has been convicted of a sex offense against a minor, or
has been convicted of an offense specified in Section 220, 243.4,
264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of
Section 273a of, or subdivision (a) or (b) of Section 368 of, the
Penal Code, or has been convicted of an offense specified in
subdivision (c) of Section 667.5 of the Penal Code. The county
welfare director shall suspend such a person from any duties
involving frequent and routine contact with children.
(E) Notwithstanding subparagraph (D), the county welfare director
may grant an exemption if the employee or prospective employee, who
was convicted of a crime against an individual specified in paragraph
(1) or (7) of subdivision (c) of Section 667.5 of the Penal Code,
has been rehabilitated as provided in Section 4852.03 of the Penal
Code and has maintained the conduct required in Section 4852.05 of
the Penal Code for at least 10 years and has the recommendation of
the district attorney representing the employee's or prospective
employee's county of residence, or if the employee or prospective
employee has received a certificate of rehabilitation pursuant to
Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of
the Penal Code. In that case, the county welfare director may give
the employee or prospective employee an opportunity to explain the
conviction and shall consider that explanation in the evaluation of
the criminal conviction record.
(F) If no criminal record information has been recorded, the
county welfare director shall cause a statement of that fact to be
included in that person's personnel file.
(2) For purposes of this subdivision, a conviction means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere. Any action which the county welfare director is permitted
to take following the establishment of a conviction may be taken
when the time for appeal has elapsed, or the judgment of conviction
has been affirmed on appeal or when an order granting probation is
made suspending the imposition of sentence, notwithstanding a
subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal
Code permitting the person to withdraw his or her plea of guilty and
to enter a plea of not guilty, or setting aside the verdict of
guilty, or dismissing the accusation, information, or indictment. For
purposes of this subdivision, the record of a conviction, or a copy
thereof certified by the clerk of the court or by a judge of the
court in which the conviction occurred, shall be conclusive evidence
of the conviction.
16501.1. (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
(b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
(2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
(3) Upon a determination pursuant to paragraph (1) of subdivision
(e) of Section 361.5 that reasonable services will be offered to a
parent who is incarcerated in a county jail or state prison, the case
plan shall include information, to the extent possible, about a
parent's incarceration in a county jail or the state prison during
the time that a minor child of that parent is involved in dependency
care.
(4) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
(5) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
(c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
family like and the most appropriate setting that is available and in
close proximity to the parent's home, proximity to the child's
school, and consistent with the selection of the environment best
suited to meet the child's special needs and best interests. The
selection shall consider, in order of priority, placement with
relatives, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code. On
or after January 1, 2012, for a nonminor dependent, as defined in
subdivision (v) of Section 11400, who is receiving AFDC-FC benefits
up to 21 years of age pursuant to Section 11403, in addition to the
above requirements, the selection of the placement, including a
supervised independent living setting, as described in Section 11400,
shall also be based upon the developmental needs of young adults by
providing opportunities to have incremental responsibilities that
prepare a nonminor dependent to transition to independent living. If
admission to, or continuation in, a group home placement is being
considered for a nonminor dependent, the group home placement
approval decision shall include a youth-driven, team-based case
planning process, as defined by the department, in consultation with
stakeholders. The case plan shall consider the full range of
placement options, and shall specify why admission to, or
continuation in, a group home placement is the best alternative
available at the time to meet the special needs or well-being of the
nonminor dependent, and how the placement will contribute to the
nonminor dependent's transition to independent living. The case plan
shall specify the treatment strategies that will be used to prepare
the nonminor dependent for discharge to a less restrictive and more
family-like setting, including a target date for discharge from the
group home placement. The placement shall be reviewed and updated on
a regular, periodic basis to ensure that continuation in the group
home remains in the best interests of the nonminor dependent and that
progress is being made in achieving case plan goals leading to
independent living. The group home placement planning process shall
begin as soon as it becomes clear to the county welfare department or
probation office that a foster child in group home placement is
likely to remain in group home placement on his or her 18th birthday,
in order to expedite the transition to a less restrictive and more
family-like setting if he or she becomes a nonminor dependent. The
case planning process shall include informing the youth of all of his
or her options, including, but not limited to, admission to or
continuation in a group home placement. Consideration for
continuation of existing group home placement for a nonminor
dependent under 19 years of age may include the need to stay in the
same placement in order to complete high school. After a nonminor
dependent either completes high school or attains his or her 19th
birthday, whichever is earlier, continuation in or admission to a
group home is prohibited unless the nonminor dependent satisfies the
conditions of paragraph (5) of subdivision (b) of Section 11403, and
group home placement functions as a short-term transition to the
appropriate system of care.
(2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school of origin, and school attendance area, the number of school
transfers the child has previously experienced, and the child's
school matriculation schedule, in addition to other indicators of
educational stability that the Legislature hereby encourages the
State Department of Social Services and the State Department of
Education to develop.
(d) A written case plan shall be completed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) of Section 16501 if the child has not
been removed from his or her home, or by the date of the
dispositional hearing pursuant to Section 358, whichever occurs
first. The case plan shall be updated, as the service needs of the
child and family dictate. At a minimum, the case plan shall be
updated in conjunction with each status review hearing conducted
pursuant to Section 366.21, and the hearing conducted pursuant to
Section 366.26, but no less frequently than once every six months.
Each updated case plan shall include a description of the services
that have been provided to the child under the plan and an evaluation
of the appropriateness and effectiveness of those services.
(1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child's family, as well as the input of relatives and other
interested parties.
(2) The extension of the maximum time available for preparing a
written case plan from the 30 to 60 days shall be effective 90 days
after the date that the department gives counties written notice that
necessary changes have been made to the Child Welfare Services Case
Management System to account for the 60-day timeframe for preparing a
written case plan.
(e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
(f) The case plan shall be developed as follows:
(1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
(2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
(3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
(4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative,
consistent with federal law and in accordance with the department's
approved state plan. For children in out-of-state group home
facilities, visits shall be conducted at least monthly, pursuant to
Section 16516.5. At least once every six months, at the time of a
regularly scheduled social worker contact with the foster child, the
child's social worker shall inform the child of his or her rights as
a foster child, as specified in Section 16001.9. The social worker
shall provide the information to the child in a manner appropriate to
the age or developmental level of the child.
(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
(B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
(A) The death of an immediate relative.
(B) The birth of a sibling.
(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
(8) Effective January 1, 2010, a case plan shall ensure the
educational stability of the child while in foster care and shall
include both of the following:
(A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of
placement.
(B) An assurance that the placement agency has coordinated with
the person holding the right to make educational decisions for the
child and appropriate local educational agencies to ensure that the
child remains in the school in which the child is enrolled at the
time of placement or, if remaining in that school is not in the best
interests of the child, assurances by the placement agency and the
local educational agency to provide immediate and appropriate
enrollment in a new school and to provide all of the child's
educational records to the new school.
(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings. This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
(B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.
(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest. A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
(12) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In a voluntary service or placement
agreement, the parents or legal guardians shall be required to
review and sign the case plan. Whenever possible, parents and legal
guardians shall participate in the development of the case plan.
Commencing January 1, 2012, for nonminor dependents, as defined in
subdivision (v) of Section 11400, who are receiving AFDC-FC up to 21
years of age pursuant to Section 11403, the case plan shall be
developed with, and signed by, the nonminor.
(B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be advised
that the parent's or guardian's failure to cooperate, except for
good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of age
or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.
(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
(15) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child's wishes regarding their permanent
placement plan and an assessment of those stated wishes. The agency
shall also include documentation of the steps the agency is taking to
find an adoptive family or other permanent living arrangements for
the child; to place the child with an adoptive family, an appropriate
and willing relative, a legal guardian, or in another planned
permanent living arrangement; and to finalize the adoption or legal
guardianship. At a minimum, the documentation shall include
child-specific recruitment efforts, such as the use of state,
regional, and national adoption exchanges, including electronic
exchange systems, when the child has been freed for adoption. If the
plan is for kinship guardianship, the case plan shall document how
the child meets the kinship guardianship eligibility requirements.
(16) (A) When appropriate, for a child who is 16 years of age or
older and, commencing January 1, 2012, for a nonminor dependent, the
case plan shall include a written description of the programs and
services that will help the child, consistent with the child's best
interests, prepare for the transition from foster care to independent
living, and whether the youth has an in-progress application pending
for Title XVI Supplemental Security Income benefits or for Special
Juvenile Immigration Status or other applicable application for legal
residency and an active dependency case is required for that
application. When appropriate, for a nonminor dependent, the case
plan shall include a written description of the program and services
that will help the nonminor dependent, consistent with his or her
best interests, to prepare for transition from foster care and assist
the youth in meeting the eligibility criteria set forth in Section
11403. If applicable, the case plan shall describe the individualized
supervision provided in the supervised independent living setting as
defined, in subdivision (w) of Section 11400. The case plan shall be
developed with the child or nonminor dependent and individuals
identified as important to the child or nonminor dependent, and shall
include steps the agency is taking to ensure that the child or
nonminor dependent achieves permanence, including maintaining or
obtaining permanent connections to caring and committed adults.
(B) During the 90-day period prior to the participant attaining 18
years of age or older as the state may elect under Section 475(8)(B)
(iii) (42 U.S.C. Sec. 675(8)(B)(iii)) of the federal Social Security
Act, whether during that period foster care maintenance payments are
being made on the child's behalf or the child is receiving benefits
or services under Section 477 (42 U.S.C. Sec. 677) of the federal
Social Security Act, a caseworker or other appropriate agency staff
or probation officer and other representatives of the participant, as
appropriate, shall provide the youth or nonminor with assistance and
support in developing the written 90-day transition plan, that is
personalized at the direction of the child, information as detailed
as the participant elects that shall include, but not be limited to,
options regarding housing, health insurance, education, local
opportunities for mentors and continuing support services, and
workforce supports and employment services.
(g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation. This section does not require or prohibit
the social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
(h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
(i) When a child who is 10 years of age or older and who has been
in out-of-home placement for six months or longer, the case plan
shall include an identification of individuals, other than the child'
s siblings, who are important to the child and actions necessary to
maintain the child's relationship with those individuals, provided
that those relationships are in the best interest of the child. The
social worker shall ask every child who is 10 years of age or older
and who has been in out-of-home placement for six months or longer to
identify individuals other than the child's siblings who are
important to the child, and may ask any other child to provide that
information, as appropriate. The social worker shall make efforts to
identify other individuals who are important to the child, consistent
with the child's best interests.
(j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
(k) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association and other advocates,
shall develop a comprehensive plan to ensure that 90 percent of
foster children are visited by their caseworkers on a monthly basis
by October 1, 2011, and that the majority of the visits occur in the
residence of the child. The plan shall include any data reporting
requirements necessary to comply with the provisions of the federal
Child and Family Services Improvement Act of 2006 (Public Law
109-288).
(l) The implementation and operation of the amendments to
subdivision (i) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
16501.15. As used in subdivisions (b) and (c) of Section 16501.1, a
home or setting that is "safe" means that the home or setting is
free from abuse or neglect, as described in Section 11165.5 of the
Penal Code.
16501.2. (a) The Legislature finds and declares all of the
following:
(1) Safety, stability, and the permanence of families in the child
welfare system are of paramount importance.
(2) Ongoing assessments that build on the strength of the child
and family unit, and that identify desired outcomes, are critical in
the development of appropriate case plans for children.
(3) If it is necessary to place a child in out-of-home care, the
use of a formal child and family assessment can enhance the
appropriateness of placement and the identification and delivery of
services necessary to meet the child's needs and strengths,
consistent with case plan goals.
(b) On or before December 31, 1998, the department shall issue to
all county placing agencies and the courts, current best practice
guidelines for the assessment of a child and the child's family unit.
The guidelines shall include recommended methods for gathering
certain background information on the child and the child's family
unit, identifying appropriate services for the case plan, and methods
of monitoring and reassessing the case plan to best meet case plan
goals. For children placed in group homes or foster family agencies,
the guidelines shall include methods for identifying appropriate
placement options, and monitoring the services provided by the group
home or foster family agency to best address the strengths and needs
of the child and the child's family unit.
(c) (1) The department shall conduct a pilot project to test the
effectiveness of utilizing best practice standards for the assessment
of children and families receiving child welfare and foster care
services, for the purpose of identifying the strengths and needs of
the family and the child, developing and monitoring appropriate case
plans, and determining appropriate services.
(2) The pilot project shall meet all of the following conditions:
(A) On or before July 1, 1999, the department shall solicit
participation in the pilot project by counties, and, to the extent
possible, provide for broad geographical representation. On or before
September 1, 1999, the department shall select pilot counties and
begin operation of the pilot project.
(B) The pilot project shall use an assessment protocol or proc
