2007 California Welfare and Institutions Code Article 10. Dependent Children--judgments And Orders

CA Codes (wic:360-370)

360.  After receiving and considering the evidence on the proper
disposition of the case, the juvenile court may enter judgment as
follows:
   (a) Notwithstanding any other provision of law, if the court finds
that the child is a person described by Section 300 and the parent
has advised the court that the parent is not interested in family
maintenance or family reunification services, it may, in addition to
or in lieu of adjudicating the child a dependent child of the court,
order a legal guardianship, appoint a legal guardian, and issue
letters of guardianship, if the court determines that a guardianship
is in the best interest of the child, provided the parent and the
child agree to the guardianship, unless the child's age or physical,
emotional, or mental condition prevents the child's meaningful
response.  The court shall advise the parent and the child that no
reunification services will be provided as a result of the
establishment of a guardianship.  The proceeding for the appointment
of a guardian shall be in the juvenile court.
   Any application for termination of guardianship shall be filed in
juvenile court in a form as may be developed by the Judicial Council
pursuant to Section 68511 of the Government Code.  Section 388 shall
apply to this order of guardianship.
   No person shall be appointed a legal guardian under this section
until an assessment as specified in subdivision (g) of Section 361.5
is read and considered by the court and reflected in the minutes of
the court.  The assessment shall include the following:
   (1) Current search efforts for, and notification of, a
noncustodial parent in the manner provided in Section 291.
   (2) A review of the amount of and nature of any contact between
the child and his or her parents since the filing of the petition.
   (3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective guardian, particularly the caretaker, to
include a social history including a screening for criminal records
and prior referrals for child abuse or neglect, the capability to
meet the child's needs, and the understanding of the legal and
financial rights and responsibilities of guardianship.
   (5) The relationship of the child to any identified prospective
guardian, the duration and nature of the relationship, the motivation
for seeking guardianship, and a statement from the child concerning
the guardianship, unless the child's age or physical, emotional, or
other condition precludes the child's meaningful response, and if so,
a description of the condition.
   (6) An analysis of the likelihood that the child would be adopted
if parental rights were terminated.
   The person responsible for preparing the assessment may be called
and examined by any party to the guardianship proceeding.
   (b) If the court finds that the child is a person described by
Section 300, it may, without adjudicating the child a dependent child
of the court, order that services be provided to keep the family
together and place the child and the child's parent or guardian under
the supervision of the social worker for a time period consistent
with Section 301.
   (c) If the family subsequently is unable or unwilling to cooperate
with the services being provided, the social worker may file a
petition with the juvenile court pursuant to Section 332 alleging
that a previous petition has been sustained and that disposition
pursuant to subdivision (b) has been ineffective in ameliorating the
situation requiring the child welfare services.  Upon hearing the
petition, the court shall order either that the petition shall be
dismissed or that a new disposition hearing shall be held pursuant to
subdivision (d).
   (d) If the court finds that the child is a person described by
Section 300, it may order and adjudge the child to be a dependent
child of the court.


361.  (a) In all cases in which a minor is adjudged a dependent
child of the court on the ground that the minor is a person described
by Section 300, the court may limit the control to be exercised over
the dependent child by any parent or guardian and shall by its order
clearly and specifically set forth all those limitations. Any
limitation on the right of the parent or guardian to make educational
decisions for the child shall be specifically addressed in the court
order. The limitations may not exceed those necessary to protect the
child. If the court specifically limits the right of the parent or
guardian to make educational decisions for the child, the court shall
at the same time appoint a responsible adult to make educational
decisions for the child until one of the following occurs:
   (1) The minor reaches 18 years of age, unless the child chooses
not to make educational decisions for himself or herself, or is
deemed by the court to be incompetent.
   (2) Another responsible adult is appointed to make educational
decisions for the minor pursuant to this section.
   (3) The right of the parent or guardian to make educational
decisions for the minor is fully restored.
   (4) A successor guardian or conservator is appointed.
   (5) The child is placed into a planned permanent living
arrangement pursuant to paragraph (3) of subdivision (g) of Section
366.21, Section 366.22, or Section 366.26, at which time the foster
parent, relative caretaker, or nonrelative extended family member as
defined in Section 362.7, has the right to represent the child in
educational matters pursuant to Section 56055 of the Education Code.

   An individual who would have a conflict of interest in
representing the child may not be appointed to make educational
decisions. For purposes of this section, "an individual who would
have a conflict of interest," means a person having any interests
that might restrict or bias his or her ability to make educational
decisions, including, but not limited to, those conflicts of interest
prohibited by Section 1126 of the Government Code, and the receipt
of compensation or attorneys' fees for the provision of services
pursuant to this section. A foster parent may not be deemed to have a
conflict of interest solely because he or she receives compensation
for the provision of services pursuant to this section.
   If the court is unable to appoint a responsible adult to make
educational decisions for the child and paragraphs (1) to (5),
inclusive, do not apply, and the child has either been referred to
the local educational agency for special education and related
services, or has a valid individualized education program, the court
shall refer the child to the local educational agency for appointment
of a surrogate parent pursuant to Section 7579.5 of the Government
Code.
   If the court cannot identify a responsible adult to make
educational decisions for the child, the appointment of a surrogate
parent as defined in subdivision (a) of Section 56050 of the
Education Code is not warranted, and there is no foster parent to
exercise the authority granted by Section 56055 of the Education
Code, the court may, with the input of any interested person, make
educational decisions for the child.
   All educational and school placement decisions shall seek to
ensure that the child is in the least restrictive educational
programs and has access to the academic resources, services, and
extracurricular and enrichment activities that are available to all
pupils. In all instances, educational and school placement decisions
shall be based on the best interests of the child.
   (b) Subdivision (a) does not limit the ability of a parent to
voluntarily relinquish his or her child to the State Department of
Social Services or to a licensed county adoption agency at any time
while the child is a dependent child of the juvenile court, if the
department or agency is willing to accept the relinquishment.
   (c) A dependent child may not be taken from the physical custody
of his or her parents or guardian or guardians with whom the child
resides at the time the petition was initiated, unless the juvenile
court finds clear and convincing evidence of any of the following
circumstances listed in paragraphs (1) to (5), inclusive, and, in an
Indian child custody proceeding, paragraph (6):
   (1) There is or would be a substantial danger to the physical
health, safety, protection, or physical or emotional well-being of
the minor if the minor were returned home, and there are no
reasonable means by which the minor's physical health can be
protected without removing the minor from the minor's parent's or
guardian's physical custody. The fact that a minor has been
adjudicated a dependent child of the court pursuant to subdivision
(e) of Section 300 shall constitute prima facie evidence that the
minor cannot be safely left in the physical custody of the parent or
guardian with whom the minor resided at the time of injury. The court
shall consider, as a reasonable means to protect the minor, the
option of removing an offending parent or guardian from the home. The
court shall also consider, as a reasonable means to protect the
minor, allowing a nonoffending parent or guardian to retain physical
custody as long as that parent or guardian presents a plan acceptable
to the court demonstrating that he or she will be able to protect
the child from future harm.
   (2) The parent or guardian of the minor is unwilling to have
physical custody of the minor, and the parent or guardian has been
notified that if the minor remains out of their physical custody for
the period specified in Section 366.26, the minor may be declared
permanently free from their custody and control.
   (3) The minor is suffering severe emotional damage, as indicated
by extreme anxiety, depression, withdrawal, or untoward aggressive
behavior toward himself or herself or others, and there are no
reasonable means by which the minor's emotional health may be
protected without removing the minor from the physical custody of his
or her parent or guardian.
   (4) The minor or a sibling of the minor has been sexually abused,
or is deemed to be at substantial risk of being sexually abused, by a
parent, guardian, or member of his or her household, or other person
known to his or her parent, and there are no reasonable means by
which the minor can be protected from further sexual abuse or a
substantial risk of sexual abuse without removing the minor from his
or her parent or guardian, or the minor does not wish to return to
his or her parent or guardian.
   (5) The minor has been left without any provision for his or her
support, or a parent who has been incarcerated or institutionalized
cannot arrange for the care of the minor, or a relative or other
adult custodian with whom the child has been left by the parent is
unwilling or unable to provide care or support for the child and the
whereabouts of the parent is unknown and reasonable efforts to locate
him or her have been unsuccessful.
   (6) In an Indian child custody proceeding, continued custody of
the child by the parent or Indian custodian is likely to result in
serious emotional or physical damage to the child, and that finding
is supported by testimony of a "qualified expert witness" as
described in Section 224.6.
   (A) Stipulation by the parent, Indian custodian, or the Indian
child's tribe, or failure to object, may waive the requirement of
producing evidence of the likelihood of serious damage only if the
court is satisfied that the party has been fully advised of the
requirements of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.), and has knowingly, intelligently, and voluntarily waived them.

   (B) Failure to meet non-Indian family and child-rearing community
standards, or the existence of other behavior or conditions that meet
the removal standards of this section, will not support an order for
placement in the absence of the finding in this paragraph.
   (d) The court shall make a determination as to whether reasonable
efforts were made to prevent or to eliminate the need for removal of
the minor from his or her home or, if the minor is removed for one of
the reasons stated in paragraph (5) of subdivision (c), whether it
was reasonable under the circumstances not to make any of those
efforts, or, in the case of an Indian child custody proceeding,
whether active efforts as required in Section 361.7 were made and
that these efforts have proved unsuccessful. The court shall state
the facts on which the decision to remove the minor is based.
   (e) The court shall make all of the findings required by
subdivision (a) of Section 366 in either of the following
circumstances:
   (1) The minor has been taken from the custody of his or her parent
or guardian and has been living in an out-of-home placement pursuant
to Section 319.
   (2) The minor has been living in a voluntary out-of-home placement
pursuant to Section 16507.4.



361.1.  (a) If a child is removed from the physical custody of a
parent or guardian on the ground that the child may come within the
jurisdiction of the juvenile court pursuant to Section 300, the child
shall be returned to the physical custody of that parent or guardian
immediately after a finding by the juvenile court that the child is
not a person described in Section 300, but, in any case, not more
than two working days following the date of that finding, unless the
parent or guardian and the agency with custody of the child agree to
a later date for the child's release.  Nothing in this section shall
affect a parent or guardian's remedies when a child is not returned
immediately, as those remedies existed prior to enactment of this
section.
   (b) The Judicial Council shall adopt a rule of court to ensure
proper notice to a parent or guardian regarding the circumstances and
the timeframe in which a child is required to be released from
custody pursuant to this section.



361.2.  (a) When a court orders removal of a child pursuant to
Section 361, the court shall first determine whether there is a
parent of the child, with whom the child was not residing at the time
that the events or conditions arose that brought the child within
the provisions of Section 300, who desires to assume custody of the
child. If that parent requests custody, the court shall place the
child with the parent unless it finds that placement with that parent
would be detrimental to the safety, protection, or physical or
emotional well-being of the child.
   (b) If the court places the child with that parent it may do any
of the following:
   (1) Order that the parent become legal and physical custodian of
the child. The court may also provide reasonable visitation by the
noncustodial parent. The court shall then terminate its jurisdiction
over the child. The custody order shall continue unless modified by a
subsequent order of the superior court. The order of the juvenile
court shall be filed in any domestic relation proceeding between the
parents.
   (2) Order that the parent assume custody subject to the
jurisdiction of the juvenile court and require that a home visit be
conducted within three months. In determining whether to take the
action described in this paragraph, the court shall consider any
concerns that have been raised by the child's current caregiver
regarding the parent. After the social worker conducts the home visit
and files his or her report with the court, the court may then take
the action described in paragraph (1), (3), or this paragraph.
However, nothing in this paragraph shall be interpreted to imply that
the court is required to take the action described in this paragraph
as a prerequisite to the court taking the action described in either
paragraph (1) or paragraph (3).
   (3) Order that the parent assume custody subject to the
supervision of the juvenile court. In that case the court may order
that reunification services be provided to the parent or guardian
from whom the child is being removed, or the court may order that
services be provided solely to the parent who is assuming physical
custody in order to allow that parent to retain later custody without
court supervision, or that services be provided to both parents, in
which case the court shall determine, at review hearings held
pursuant to Section 366, which parent, if either, shall have custody
of the child.
   (c) The court shall make a finding either in writing or on the
record of the basis for its determination under subdivisions (a) and
(b).
   (d) Part 6 (commencing with Section 7950) of Division 12 of the
Family Code shall apply to the placement of a child pursuant to
paragraphs (1) and (2) of subdivision (e).
   (e) When the court orders removal pursuant to Section 361, the
court shall order the care, custody, control, and conduct of the
child to be under the supervision of the social worker who may place
the child in any of the following:
   (1) The home of a noncustodial parent as described in subdivision
(a).
   (2) The approved home of a relative.
   (3) The approved home of a nonrelative extended family member as
defined in Section 362.7.
   (4) A foster home in which the child has been placed before an
interruption in foster care, if that placement is in the best
interest of the child and space is available.
   (5) A suitable licensed community care facility.
   (6) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
   (7) A home or facility in accordance with the federal Indian Child
Welfare Act.
   (8) A child under the age of six years may be placed in a
community care facility licensed as a group home for children, or a
temporary shelter care facility as defined in Section 1530.8 of the
Health and Safety Code, only under any of the following
circumstances:
   (A) When a case plan indicates that placement is for purposes of
providing specialized treatment to the child, the case plan specifies
the need for, nature of, and anticipated duration of this treatment,
and the facility meets the applicable regulations adopted under
Section 1530.8 of the Health and Safety Code and standards developed
pursuant to Section 11467.1. The specialized treatment period shall
not exceed 120 days, unless additional time is needed pursuant to the
case plan as documented by the caseworker and approved by the
caseworker's supervisor.
   (B) When a case plan indicates that placement is for purposes of
providing family reunification services. In addition, the facility
offers family reunification services that meet the needs of the
individual child and his or her family, permits parents to have
reasonable access to their children 24 hours a day, encourages
extensive parental involvement in meeting the daily needs of their
children, and employs staff trained to provide family reunification
services. In addition, one of the following conditions exists:
   (i) The child's parent is also a ward of the court and resides in
the facility.
   (ii) The child's parent is participating in a treatment program
affiliated with the facility and the child's placement in the
facility facilitates the coordination and provision of reunification
services.
   (iii) Placement in the facility is the only alternative that
permits the parent to have daily 24-hour access to the child in
accordance with the case plan, to participate fully in meeting all of
the daily needs of the child, including feeding and personal
hygiene, and to have access to necessary reunification services.
   (f) (1) If the child is taken from the physical custody of the
child's parent or guardian and unless the child is placed with
relatives, the child shall be placed in foster care in the county of
residence of the child's parent or guardian in order to facilitate
reunification of the family.
   (2) In the event that there are no appropriate placements
available in the parent's or guardian's county of residence, a
placement may be made in an appropriate place in another county,
preferably a county located adjacent to the parent's or guardian's
community of residence.
   (3) Nothing in this section shall be interpreted as requiring
multiple disruptions of the child's placement corresponding to
frequent changes of residence by the parent or guardian. In
determining whether the child should be moved, the social worker
shall take into consideration the potential harmful effects of
disrupting the placement of the child and the parent's or guardian's
reason for the move.
   (4) When it has been determined that it is necessary for a child
to be placed in a county other than the child's parent's or guardian'
s county of residence, the specific reason the out-of-county
placement is necessary shall be documented in the child's case plan.
If the reason the out-of-county placement is necessary is the lack of
resources in the sending county to meet the specific needs of the
child, those specific resource needs shall be documented in the case
plan.
   (5) When it has been determined that a child is to be placed
out-of-county either in a group home or with a foster family agency
for subsequent placement in a certified foster family home, and the
sending county is to maintain responsibility for supervision and
visitation of the child, the sending county shall develop a plan of
supervision and visitation that specifies the supervision and
visitation activities to be performed and specifies that the sending
county is responsible for performing those activities. In addition to
the plan of supervision and visitation, the sending county shall
document information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern in the receiving county. Upon implementation of the Child
Welfare Services Case Management System, the plan of supervision and
visitation, as well as information regarding any known or suspected
dangerous behavior of the child, shall be made available to the
receiving county upon placement of the child in the receiving county.
If placement occurs on a weekend or holiday, the information shall
be made available to the receiving county on or before the end of the
next business day.
   (6) When it has been determined that a child is to be placed
out-of-county and the sending county plans that the receiving county
shall be responsible for the supervision and visitation of the child,
the sending county shall develop a formal agreement between the
sending and receiving counties. The formal agreement shall specify
the supervision and visitation to be provided the child, and shall
specify that the receiving county is responsible for providing the
supervision and visitation. The formal agreement shall be approved
and signed by the sending and receiving counties prior to placement
of the child in the receiving county. In addition, upon completion of
the case plan, the sending county shall provide a copy of the
completed case plan to the receiving county. The case plan shall
include information regarding any known or suspected dangerous
behavior of the child that indicates the child may pose a safety
concern to the receiving county.
   (g) Whenever the social worker must change the placement of the
child and is unable to find a suitable placement within the county
and must place the child outside the county, the placement shall not
be made until he or she has served written notice on the parent or
guardian at least 14 days prior to the placement, unless the child's
health or well-being is endangered by delaying the action or would be
endangered if prior notice were given. The notice shall state the
reasons which require placement outside the county. The parent or
guardian may object to the placement not later than seven days after
receipt of the notice and, upon objection, the court shall hold a
hearing not later than five days after the objection and prior to the
placement. The court shall order out-of-county placement if it finds
that the child's particular needs require placement outside the
county.
   (h) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether the family ties and best interest of the
child will be served by granting visitation rights to the child's
grandparents. The court shall clearly specify those rights to the
social worker.
   (i) Where the court has ordered removal of the child from the
physical custody of his or her parents pursuant to Section 361, the
court shall consider whether there are any siblings under the court's
jurisdiction, the nature of the relationship between the child and
his or her siblings, the appropriateness of developing or maintaining
the sibling relationships pursuant to Section 16002, and the impact
of the sibling relationships on the child's placement and planning
for legal permanence.
   (j) (1) When an agency has placed a child with a relative
caregiver, a nonrelative extended family member, a licensed foster
family home, or a group home, the agency shall ensure placement of
the child in a home that, to the fullest extent possible, best meets
the day-to-day needs of the child. A home that best meets the
day-to-day needs of the child shall satisfy all of the following
criteria:
   (A) The child's caregiver is able to meet the day-to-day health,
safety, and well-being needs of the child.
   (B) The child's caregiver is permitted to maintain the least
restrictive and most family-like environment that serves the
day-to-day needs of the child.
   (C) The child is permitted to engage in reasonable,
age-appropriate day-to-day activities that promote the most
family-like environment for the foster child.
   (2) The foster child's caregiver shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, to determine day-to-day activities that are
age-appropriate to meet the needs of the child. Nothing in this
section shall be construed to permit a child's caregiver to permit
the child to engage in day-to-day activities that carry an
unreasonable risk of harm, or subject the child to abuse or neglect.



361.21.  (a) The court shall not order the placement of a minor in
an out-of-state group home, unless the court finds, in its order of
placement, that all of the following conditions have been met:
   (1) The out-of-state group home is licensed or certified for the
placement of minors by an agency of the state in which the minor will
be placed.
   (2) The out-of-state group home meets the requirements of Section
7911.1 of the Family Code.
   (3) In-state facilities or programs have been determined to be
unavailable or inadequate to meet the needs of the minor.
   (b) At least every six months, the court shall review each
placement made pursuant to subdivision (a) in order to determine
compliance with that subdivision.
   (c) A county shall not be entitled to receive or expend any public
funds for the placement of a minor in an out-of-state group home
unless the requirements of subdivisions (a) and (b) are met.



361.3.  (a) In any case in which a child is removed from the
physical custody of his or her parents pursuant to Section 361,
preferential consideration shall be given to a request by a relative
of the child for placement of the child with the relative. In
determining whether placement with a relative is appropriate, the
county social worker and court shall consider, but shall not be
limited to, consideration of all the following factors:
   (1) The best interest of the child, including special physical,
psychological, educational, medical, or emotional needs.
   (2) The wishes of the parent, the relative, and child, if
appropriate.
   (3) The provisions of Part 6 (commencing with Section 7950) of
Division 12 of the Family Code regarding relative placement.
   (4) Placement of siblings and half siblings in the same home, if
that placement is found to be in the best interest of each of the
children as provided in Section 16002.
   (5) The good moral character of the relative and any other adult
living in the home, including whether any individual residing in the
home has a prior history of violent criminal acts or has been
responsible for acts of child abuse or neglect.
   (6) The nature and duration of the relationship between the child
and the relative, and the relative's desire to care for, and to
provide legal permanency for, the child if reunification is
unsuccessful.
   (7) The ability of the relative to do the following:
   (A) Provide a safe, secure, and stable environment for the child.

   (B) Exercise proper and effective care and control of the child.
   (C) Provide a home and the necessities of life for the child.
   (D) Protect the child from his or her parents.
   (E) Facilitate court-ordered reunification efforts with the
parents.
   (F) Facilitate visitation with the child's other relatives.
   (G) Facilitate implementation of all elements of the case plan.
   (H) Provide legal permanence for the child if reunification fails.

   However, any finding made with respect to the factor considered
pursuant to this subparagraph and pursuant to subparagraph (G) shall
not be the sole basis for precluding preferential placement with a
relative.
   (I) Arrange for appropriate and safe child care, as necessary.
   (8) The safety of the relative's home. For a relative to be
considered appropriate to receive placement of a child under this
section, the relative's home shall first be approved pursuant to the
process and standards described in subdivision (d) of Section 309.
   In this regard, the Legislature declares that a physical
disability, such as blindness or deafness, is no bar to the raising
of children, and a county social worker's determination as to the
ability of a disabled relative to exercise care and control should
center upon whether the relative's disability prevents him or her
from exercising care and control. The court shall order the parent to
disclose to the county social worker the names, residences, and any
other known identifying information of any maternal or paternal
relatives of the child. This inquiry shall not be construed, however,
to guarantee that the child will be placed with any person so
identified. The county social worker shall initially contact the
relatives given preferential consideration for placement to determine
if they desire the child to be placed with them. Those desiring
placement shall be assessed according to the factors enumerated in
this subdivision.  The county social worker shall document these
efforts in the social study prepared pursuant to Section 358.1. The
court shall authorize the county social worker, while assessing these
relatives for the possibility of placement, to disclose to the
relative, as appropriate, the fact that the child is in custody, the
alleged reasons for the custody, and the projected likely date for
the child's return home or placement for adoption or legal
guardianship. However, this investigation shall not be construed as
good cause for continuance of the dispositional hearing conducted
pursuant to Section 358.
   (b) In any case in which more than one appropriate relative
requests preferential consideration pursuant to this section, each
relative shall be considered under the factors enumerated in
subdivision (a).
   (c) For purposes of this section:
   (1) "Preferential consideration" means that the relative seeking
placement shall be the first placement to be considered and
investigated.
   (2) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great" or "grand" or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.  However, only the following relatives shall
be given preferential consideration for the placement of the child:
an adult who is a grandparent, aunt, uncle, or sibling.
   (d) Subsequent to the hearing conducted pursuant to Section 358,
whenever a new placement of the child must be made, consideration for
placement shall again be given as described in this section to
relatives who have not been found to be unsuitable and who will
fulfill the child's reunification or permanent plan requirements. In
addition to the factors described in subdivision (a), the county
social worker shall consider whether the relative has established and
maintained a relationship with the child.
   (e) If the court does not place the child with a relative who has
been considered for placement pursuant to this section, the court
shall state for the record the reasons placement with that relative
was denied.
   (f) (1) With respect to a child who satisfies the criteria set
forth in paragraph (2), the department and any licensed adoption
agency may search for a relative and furnish identifying information
relating to the child to that relative if it is believed the child's
welfare will be promoted thereby.
   (2) Paragraph (1) shall apply if both of the following conditions
are satisfied:
   (A) The child was previously a dependent of the court.
   (B) The child was previously adopted and the adoption has been
disrupted, set aside pursuant to Section 9100 or 9102 of the Family
Code, or the child has been released into the custody of the
department or a licensed adoption agency by the adoptive parent or
parents.
   (3) As used in this subdivision, "relative" includes a member of
the child's birth family and nonrelated extended family members,
regardless of whether the parental rights were terminated, provided
that both of the following are true:
   (A) No appropriate potential caretaker is known to exist from the
child's adoptive family, including nonrelated extended family members
of the adoptive family.
   (B) The child was not the subject of a voluntary relinquishment by
the birth parents pursuant to Section 8700 of the Family Code or
Section 1255.7 of the Health and Safety Code.



361.31.  (a) In any case in which an Indian child is removed from
the physical custody of his or her parents or Indian custodian
pursuant to Section 361, the child's placement shall comply with this
section.
   (b) Any foster care or guardianship placement of an Indian child,
or any emergency removal of a child who is known to be, or there is
reason to know that the child is, an Indian child shall be in the
least restrictive setting which most approximates a family situation
and in which the child's special needs, if any, may be met. The child
shall also be placed within reasonable proximity to the child's
home, taking into account any special needs of the child.  Preference
shall be given to the child's placement with one of the following,
in descending priority order:
   (1) A member of the child's extended family, as defined in Section
1903 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

   (2) A foster home licensed, approved, or specified by the child's
tribe.
   (3) An Indian foster home licensed or approved by an authorized
non-Indian licensing authority.
   (4) An institution for children approved by an Indian tribe or
operated by an Indian organization which has a program suitable to
meet the Indian child's needs.
   (c) In any adoptive placement of an Indian child, preference shall
be given to a placement with one of the following, in descending
priority order:
   (1) A member of the child's extended family, as defined in Section
1903 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

   (2) Other members of the child's tribe.
   (3) Another Indian family.
   (d) Notwithstanding the placement preferences listed in
subdivisions (b) and (c), if a different order of placement
preference is established by the child's tribe, the court or agency
effecting the placement shall follow the order of preference
established by the tribe, so long as the placement is the least
restrictive setting appropriate to the particular needs of the child
as provided in subdivision (b).
   (e) Where appropriate, the placement preference of the Indian
child, when of sufficient age, or parent shall be considered. In
applying the preferences, a consenting parent's request for anonymity
shall also be given weight by the court or agency effecting the
placement.
   (f) The prevailing social and cultural standards of the Indian
community in which the parent or extended family members of an Indian
child reside, or with which the parent or extended family members
maintain social and cultural ties, or the prevailing social and
cultural standards of the Indian child's tribe shall be applied in
meeting the placement preferences under this section. A determination
of the applicable prevailing social and cultural standards may be
confirmed by the Indian child's tribe or by the testimony or other
documented support of a qualified expert witness, as defined in
subdivision (c) of Section 224.6, who is knowledgeable regarding the
social and cultural standards of the Indian child's tribe.
   (g) Any person or court involved in the placement of an Indian
child shall use the services of the Indian child's tribe, whenever
available through the tribe, in seeking to secure placement within
the order of placement preference established in this section and in
the supervision of the placement.
   (h) The court may determine that good cause exists not to follow
placement preferences applicable under subdivision (b), (c), or (d)
in accordance with subdivision (e).
   (i) When no preferred placement under subdivision (b), (c), or (d)
is available, active efforts shall be made to place the child with a
family committed to enabling the child to have extended family
visitation and participation in the cultural and ceremonial events of
the child's tribe.
   (j) The burden of establishing the existence of good cause not to
follow placement preferences applicable under subdivision (b), (c),
or (d) shall be on the party requesting that the preferences not be
followed.
   (k) A record of each foster care placement or adoptive placement
of an Indian child shall be maintained in perpetuity by the State
Department of Social Services. The record shall document the active
efforts to comply with the applicable order of preference specified
in this section.



361.4.  (a) Prior to placing a child in the home of a relative, or
the home of any prospective guardian or other person who is not a
licensed or certified foster parent, the county social worker shall
visit the home to ascertain the appropriateness of the placement.
   (b) Whenever a child may be placed in the home of a relative, or
the home of any prospective guardian or other person who is not a
licensed or certified foster parent, the court or county social
worker placing the child shall cause a state-level criminal records
check to be conducted by an appropriate government agency through the
California Law Enforcement Telecommunications System (CLETS)
pursuant to Section 16504.5. The criminal records check shall be
conducted with regard to all persons over 18 years of age living in
the home, and on any other person over 18 years of age, other than
professionals providing professional services to the child, known to
the placing entity who may have significant contact with the child,
including any person who has a familial or intimate relationship with
any person living in the home. A criminal records check may be
conducted pursuant to this section on any person over 14 years of age
living in the home who the county social worker believes may have a
criminal record. Within 10 calendar days following the criminal
records check conducted through the California Law Enforcement
Telecommunications System, the social worker shall ensure that a
fingerprint clearance check of the relative and any other person
whose criminal record was obtained pursuant to this subdivision is
initiated through the Department of Justice to ensure the accuracy of
the criminal records check conducted through the California Law
Enforcement Telecommunications System and shall review the results of
any criminal records check to assess the safety of the home. The
Department of Justice shall forward fingerprint requests for
federal-level criminal history information to the Federal Bureau of
Investigation pursuant to this section.
   (c) Whenever a child may be placed in the home of a relative, or a
prospective guardian or other person who is not a licensed or
certified foster parent, the county social worker shall cause a check
of the Child Abuse Central Index pursuant to subdivision (a) of
Section 11170 of the Penal Code to be requested from the Department
of Justice. The Child Abuse Central Index check shall be conducted on
all persons over 18 years of age living in the home. For any
application received on or after January 1, 2008, if any person in
the household is 18 years of age or older and has lived in another
state in the preceding five years, the county social worker shall
check the other state's child abuse and neglect registry to the
extent required by federal law.
   (d) (1) If the results of the California and federal criminal
records check indicates that the person has no criminal record, the
county social worker and court may consider the home of the relative,
prospective guardian, or other person who is not a licensed or
certified foster parent for placement of a child.
   (2) If the criminal records check indicates that the person has
been convicted of a crime that the Director of Social Services cannot
grant an exemption for under Section 1522 of the Health and Safety
Code, the child may not be placed in the home. If the criminal
records check indicates that the person has been convicted of a crime
that the Director of Social Services may grant an exemption for
under Section 1522 of the Health and Safety Code, the child may not
be placed in the home unless a criminal records exemption has been
granted by the county, based on substantial and convincing evidence
to support a reasonable belief that the person with the criminal
conviction is of such good character as to justify the placement and
not present a risk of harm to the child pursuant to paragraph (3).
   (3) (A) A county may issue a criminal records exemption only if
that county has been granted permission by the Director of Social
Services to issue criminal records exemptions. The county may file a
request with the Director of Social Services seeking permission for
the county to establish a procedure to evaluate and grant appropriate
individual criminal records exemptions for persons described in
subdivision (b). The director shall grant or deny the county's
request within 14 days of receipt. The county shall evaluate
individual criminal records in accordance with the standards and
limitations set forth in paragraph (1) of subdivision (g) of Section
1522 of the Health and Safety Code, and in no event shall the county
place a child in the home of a person who is ineligible for an
exemption under that provision.
   (B) The department shall monitor county implementation of the
authority to grant an exemption under this paragraph to ensure that
the county evaluates individual criminal records and allows or
disallows placements according to the standards set forth in
paragraph (1) of subdivision (g) of Section 1522 of the Health and
Safety Code.
   (4) The department shall conduct an evaluation of the
implementation of paragraph (3) through random sampling of county
exemption decisions.
   (5) The State Department of Social Services shall not evaluate or
grant criminal records exemption requests for persons described in
subdivision (b), unless the exemption request is made by an Indian
tribe pursuant to subdivision (f).
   (6) If a county has not requested, or has not been granted,
permission by the State Department of Social Services to establish a
procedure to evaluate and grant criminal records exemptions, the
county may not place a child into the home of a person described in
subdivision (b) if any person residing in the home has been convicted
of a crime other than a minor traffic violation, except as provided
in subdivision (f).
   (e) Nothing in this section shall preclude a county from
conducting a criminal background check that the county is otherwise
authorized to conduct using fingerprints.
   (f) Upon request from an Indian tribe, the State Department of
Social Services shall evaluate an exemption request, if needed, to
allow placement into an Indian home that the tribe has designated for
placement under the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.) that would otherwise be barred under this section. However, if
the county with jurisdiction over the child that is the subject of
the tribe's request has established an approved procedure pursuant to
paragraph (3) of subdivision (d), the tribe may request that the
county evaluate the exemption request.  Once a tribe has elected to
have the exemption request reviewed by either the State Department of
Social Services or the county, the exemption decision may only be
made by that entity. Nothing in this subdivision limits the duty of a
county social worker to evaluate the home for placement or to gather
information needed to evaluate an exemption request.
   (g) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.



361.45.  (a) Notwithstanding any other provision of law, when the
sudden unavailability of a foster caregiver requires a change in
placement on an emergency basis for a child who is under the
jurisdiction of the juvenile court pursuant to Section 300, if an
able and willing relative, as defined in Section 319, or an able and
willing nonrelative extended family member, as defined in Section
362.7, is available and requests temporary placement of the child
pending resolution of the emergency situation, the county welfare
department shall initiate an assessment of the relative's or
nonrelative extended family member's suitability, which shall include
an in-home inspection to assess the safety of the home and the
ability of the relative or nonrelative extended family member to care
for the child's needs, and a consideration of the results of a
criminal records check conducted pursuant to Section 16504.5 and a
check of allegations of prior child abuse or neglect concerning the
relative or nonrelative extended family member and other adults in
the home. Upon completion of this assessment, the child may be placed
in the assessed home. For purposes of this paragraph, and except for
the criminal records check conducted pursuant to Section 16504.5,
the standards used to determine suitability shall be the same
standards set forth in the regulations for the licensing of foster
family homes.
   (b) Immediately following the placement of a child in the home of
a relative or a nonrelative extended family member, the county
welfare department shall evaluate and approve or deny the home for
purposes of AFDC-FC eligibility pursuant to Section 11402. The
standards used to evaluate and grant or deny approval of the home of
the relative and of the home of a nonrelative extended family member,
as described in Section 362.7, shall be the same standards set forth
in regulations for the licensing of foster family homes which
prescribe standards of safety and sanitation for the physical plant
and standards for basic personal care, supervision, and services
provided by the caregiver.
   (c) If a relative or nonrelative extended family member, and other
adults in the home, as indicated, meets all other conditions for
approval, except for the receipt of the Federal Bureau of
Investigation's criminal history information for the relative or
nonrelative extended family member, the county welfare department may
approve the home and document that approval, if the relative or
nonrelative extended family member, and each adult in the home, has
signed and submitted a statement that he or she has never been
convicted of a crime in the United States, other than a traffic
infraction as defined in paragraph (1) of subdivision (a) of Section
42001 of the Vehicle Code. If, after the approval has been granted,
the department determines that the relative or nonrelative extended
family member or other adult in the home has a criminal record, the
approval may be terminated.



361.5.  (a) Except as provided in subdivision (b), or when the
parent has voluntarily relinquished the child and the relinquishment
has been filed with the State Department of Social Services, or upon
the establishment of an order of guardianship pursuant to Section
360, whenever a child is removed from a parent's or guardian's
custody, the juvenile court shall order the social worker to provide
child welfare services to the child and the child's mother and
statutorily presumed father or guardians. Upon a finding and
declaration of paternity by the juvenile court or proof of a prior
declaration of paternity by any court of competent jurisdiction, the
juvenile court may order services for the child and the biological
father, if the court determines that the services will benefit the
child. Child welfare services, when provided, shall be provided as
follows:
   (1) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was three years of
age or older, court-ordered services shall not exceed a period of 12
months from the date the child entered foster care, except as
otherwise provided in paragraph (3).
   (2) For a child who, on the date of initial removal from the
physical custody of his or her parent or guardian, was under the age
of three years, court-ordered services shall not exceed a period of
six months from the date the child entered foster care.
   (3) For the purpose of placing and maintaining a sibling group
together in a permanent home should reunification efforts fail, for a
child in a sibling group whose members were removed from parental
custody at the same time, and in which one member of the sibling
group was under the age of three years on the date of initial removal
from the physical custody of his or her parent or guardian,
court-ordered services to some or all of the sibling group may be
limited to a period of six months from the date the child entered
foster care. For the purposes of this paragraph, "a sibling group"
shall mean two or more children who are related to each other as full
or half-siblings.
   Regardless of the age of the child, a child shall be deemed to
have entered foster care on the earlier of the date of the
jurisdictional hearing held pursuant to Section 356 or the date that
is 60 days after the date on which the child was initially removed
from the physical custody of his or her parent or guardian.
   Notwithstanding paragraphs (1), (2), and (3), court-ordered
services may be extended up to a maximum time period not to exceed 18
months after the date the child was originally removed from physical
custody of his or her parent or guardian if it can be shown, at the
hearing held pursuant to subdivision (f) of Section 366.21, that the
permanent plan for the child is that he or she will be returned and
safely maintained in the home within the extended time period. The
court shall extend the time period only if it finds that there is a
substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period or that reasonable services have not been provided to
the parent or guardian. If the court extends the time period, the
court shall specify the factual basis for its conclusion that there
is a substantial probability that the child will be returned to the
physical custody of his or her parent or guardian within the extended
time period.  The court also shall make findings pursuant to
subdivision (a) of Section 366 and subdivision (e) of Section 358.1.

   When counseling or other treatment services are ordered, the
parent or guardian shall be ordered to participate in those services,
unless the parent's or guardian's participation is deemed by the
court to be inappropriate or potentially detrimental to the child.
Physical custody of the child by the parents or guardians during the
applicable time period under paragraph (1), (2), or (3) shall not
serve to interrupt the running of the period. If at the end of the
applicable time period, a child cannot be safely returned to the care
and custody of a parent or guardian without court supervision, but
the child clearly desires contact with the parent or guardian, the
court shall take the child's desire into account in devising a
permanency plan.
   In cases where the child was under the age of three years on the
date of the initial removal from the physical custody of his or her
parent or guardian or is a member of a sibling group as described in
paragraph (3), the court shall inform the parent or guardian that the
failure of the parent or guardian to participate regularly in any
court-ordered treatment programs or to cooperate or avail himself or
herself of services provided as part of the child welfare services
case plan may result in a termination of efforts to reunify the
family after six months. The court shall inform the parent or
guardian of the factors used in subdivision (e) of Section 366.21 to
determine whether to limit services to six months for some or all
members of a sibling group as described in paragraph (3).
   Except in cases where, pursuant to subdivision (b), the court does
not order reunification services, the court shall inform the parent
or parents of Section 366.26 and shall specify that the parent's or
parents' parental rights may be terminated.
   (b) Reunification services need not be provided to a parent or
guardian described in this subdivision when the court finds, by clear
and convincing evidence, any of the following:
   (1) That the whereabouts of the parent or guardian is unknown. A
finding pursuant to this paragraph shall be supported by an affidavit
or by proof that a reasonably diligent search has failed to locate
the parent or guardian. The posting or publication of notices is not
required in that search.
   (2) That the parent or guardian is suffering from a mental
disability that is described in Chapter 2 (commencing with Section
7820) of Part 4 of Division 12 of the Family Code and that renders
him or her incapable of utilizing those services.
   (3) That the child or a sibling of the child has been previously
adjudicated a dependent pursuant to any subdivision of Section 300 as
a result of physical or sexual abuse, that following that
adjudication the child had been removed from the custody of his or
her parent or guardian pursuant to Section 361, that the child has
been returned to the custody of the parent or guardian from whom the
child had been taken originally, and that the child is being removed
pursuant to Section 361, due to additional physical or sexual abuse.

   (4) That the parent or guardian of the child has caused the death
of another child through abuse or neglect.
   (5) That the child was brought within the jurisdiction of the
court under subdivision (e) of Section 300 because of the conduct of
that parent or guardian.
   (6) That the child has been adjudicated a dependent pursuant to
any subdivision of Section 300 as a result of severe sexual abuse or
the infliction of severe physical harm to the child, a sibling, or a
half sibling by a parent or guardian, as defined in this subdivision,
and the court makes a factual finding that it would not benefit the
child to pursue reunification services with the offending parent or
guardian.
   A finding of severe sexual abuse, for the purposes of this
subdivision, may be based on, but is not limited to, sexual
intercourse, or stimulation involving genital-genital, oral-genital,
anal-genital, or oral-anal contact, whether between the parent or
guardian and the child or a sibling or half sibling of the child, or
between the child or a sibling or half sibling of the child and
another person or animal with the actual or implied consent of the
parent or guardian; or the penetration or manipulation of the child'
s, sibling's, or half sibling's genital organs or rectum by any
animate or inanimate object for the sexual gratification of the
parent or guardian, or for the sexual gratification of another person
with the actual or implied consent of the parent or guardian.
   A finding of the infliction of severe physical harm, for the
purposes of this subdivision, may be based on, but is not limited to,
deliberate and serious injury inflicted to or on a child's body or
the body of a sibling or half sibling of the child by an act or
omission of the parent or guardian, or of another individual or
animal with the consent of the parent or guardian; deliberate and
torturous confinement of the child, sibling, or half sibling in a
closed space; or any other torturous act or omission that would be
reasonably understood to cause serious emotional damage.
   (7) That the parent is not receiving reunification services for a
sibling or a half sibling of the child pursuant to paragraph (3),
(5), or (6).
   (8) That the child was conceived by means of the commission of an
offense listed in Section 288 or 288.5 of the Penal Code, or by an
act committed outside of this state that, if committed in this state,
would constitute one of those offenses. This paragraph only applies
to the parent who committed the offense or act.
   (9) That the child has been found to be a child described in
subdivision (g) of Section 300, that the parent or guardian of the
child willfully abandoned the child, and the court finds that the
abandonment itself constituted a serious danger to the child; or that
the parent or other person having custody of the child voluntarily
surrendered physical custody of the child pursuant to Section 1255.7
of the Health and Safety Code. For the purposes of this paragraph,
"serious danger" means that without the intervention of another
person or agency, the child would have sustained severe or permanent
disability, injury, illness, or death. For purposes of this
paragraph, "willful abandonment" shall not be construed as actions
taken in good faith by the parent without the intent of placing the
child in serious danger.
   (10) That the court ordered termination of reunification services
for any siblings or half siblings of the child because the parent or
guardian failed to reunify with the sibling or half sibling after the
sibling or half sibling had been removed from that parent or
guardian pursuant to Section 361 and that parent or guardian is the
same parent or guardian described in subdivision (a) and that,
according to the findings of the court, this parent or guardian has
not subsequently made a reasonable effort to treat the problems that
led to removal of the sibling or half sibling of that child from that
parent or guardian.
   (11) That the parental rights of a parent over any sibling or half
sibling of the child had been permanently severed, and this parent
is the same parent described in subdivision (a), and that, according
to the findings of the court, this parent has not subsequently made a
reasonable effort to treat the problems that led to removal of the
sibling or half sibling of that child from the parent.
   (12) That the parent or guardian of the child has been convicted
of a violent felony, as defined in subdivision (c) of Section 667.5
of the Penal Code.
   (13) That the parent or guardian of the child has a history of
extensive, abusive, and chronic use of drugs or alcohol and has
resisted prior court-ordered treatment for this problem during a
three-year period immediately prior to the filing of the petition
that brought that child to the court's attention, or has failed or
refused to comply with a program of drug or alcohol treatment
described in the case plan required by Section 358.1 on at least two
prior occasions, even though the programs identified were available
and accessible.
   (14) That the parent or guardian of the child has advised the
court that he or she is not interested in receiving family
maintenance or family reunification services or having the child
returned to or placed in his or her custody and does not wish to
receive family maintenance or reunification services.
   The parent or guardian shall be represented by counsel and shall
execute a waiver of services form to be adopted by the Judicial
Council.  The court shall advise the parent or guardian of any right
to services and of the possible consequences of a waiver of services,
including the termination of parental rights and placement of the
child for adoption.  The court shall not accept the waiver of
services unless it states on the record its finding that the parent
or guardian has knowingly and intelligently waived the right to
services.
   (15) That the parent or guardian has on one or more occasions
willfully abducted the child or child's sibling or half sibling from
his or her placement and refused to disclose the child's or child's
sibling's or half sibling's whereabouts, refused to return physical
custody of the child or child's sibling or half sibling to his or her
placement, or refused to return physical custody of the child or
child's sibling or half sibling to the social worker.
   (c) In deciding whether to order reunification in any case in
which this section applies, the court shall hold a dispositional
hearing. The social worker shall prepare a report that discusses
whether reunification services shall be provided. When it is alleged,
pursuant to paragraph (2) of subdivision (b), that the parent is
incapable of utilizing services due to mental disability, the court
shall order reunification services unless competent evidence from
mental health professionals establishes that, even with the provision
of services, the parent is unlikely to be capable of adequately
caring for the child within the time limits specified in subdivision
(a).
   The court shall not order reunification for a parent or guardian
described in paragraph (3), (4), (6), (7), (8), (9), (10), (11),
(12), (13), (14), or (15) of subdivision (b) unless the court finds,
by clear and convincing evidence, that reunification is in the best
interest of the child.
   In addition, the court shall not order reunification in any
situation described in paragraph (5) of subdivision (b) unless it
finds that, based on competent testimony, those services are likely
to prevent reabuse or continued neglect of the child or that failure
to try reunification will be detrimental to the child because the
child is closely and positively attached to that parent. The social
worker shall investigate the circumstances leading to the removal of
the child and advise the court whether there are circumstances that
indicate that reunification is likely to be successful or
unsuccessful and whether failure to order reunification is likely to
be detrimental to the child.
   The failure of the parent to respond to previous services, the
fact that the child was abused while the parent was under the
influence of drugs or alcohol, a past history of violent behavior, or
testimony by a competent professional that the parent's behavior is
unlikely to be changed by services are among the factors indicating
that reunification services are unlikely to be successful. The fact
that a parent or guardian is no longer living with an individual who
severely abused the child may be considered in deciding that
reunification services are likely to be successful, provided that the
court shall consider any pattern of behavior on the part of the
parent that has exposed the child to repeated abuse.
   (d) If reunification services are not ordered pursuant to
paragraph (1) of subdivision (b) and the whereabouts of a parent
become known within six months of the out-of-home placement of the
child, the court shall order the social worker to provide family
reunification services in accordance with this subdivision.
   (e) (1) If the parent or guardian is incarcerated or
institutionalized, the court shall order reasonable services unless
the court determines, by clear and convincing evidence, those
services would be detrimental to the child. In determining detriment,
the court shall consider the age of the child, the degree of
parent-child bonding, the length of the sentence, the nature of the
treatment, the nature of the crime or illness, the degree of
detriment to the child if services are not offered and, for children
10 years of age or older, the child's attitude toward the
implementation of family reunification services, and any other
appropriate factors. Reunification services are subject to the
applicable time limitations imposed in subdivision (a). Services may
include, but shall not be limited to, all of the following:
   (A) Maintaining contact between the parent and child through
collect telephone calls.
   (B) Transportation services, where appropriate.
   (C) Visitation services, where appropriate.
   (D) Reasonable services to extended family members or foster
parents providing care for the child if the services are not
detrimental to the child.
   An incarcerated parent may be required to attend counseling,
parenting classes, or vocational training programs as part of the
service plan if these programs are available.
   (2) The presiding judge of the juvenile court of each county may
convene representatives of the county welfare department, the sheriff'
s department, and other appropriate entities for the purpose of
developing and entering into protocols for ensuring the notification,
transportation, and presence of an incarcerated or institutionalized
parent at all court hearings involving proceedings affecting the
child pursuant to Section 2625 of the Penal Code.
   (3) Notwithstanding any other provision of law, if the
incarcerated parent is a woman seeking to participate in the
community treatment program operated by the Department of Corrections
and Rehabilitation pursuant to Chapter 4.8 (commencing with Section
1174) of Title 7 of Part 2 of, Chapter 4 (commencing with Section
3410) of Title 2 of Part 3 of, the Penal Code, the court shall
determine whether the parent's participation in a program is in the
child's best interest and whether it is suitable to meet the needs of
the parent and child.
   (f) If the court, pursuant to paragraph (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (13), (14), or (15) of subdivision
(b) or paragraph (1) of subdivision (e), does not order reunification
services, it shall, at the dispositional hearing, that shall include
a permanency hearing, determine if a hearing under Section 366.26
shall be set in order to determine whether adoption, guardianship, or
long-term foster care is the most appropriate plan for the child,
and shall consider in-state and out-of-state placement options. If
the court so determines, it shall conduct the hearing pursuant to
Section 366.26 within 120 days after the dispositional hearing.
However, the court shall not schedule a hearing so long as the other
parent is being provided reunification services pursuant to
subdivision (a). The court may continue to permit the parent to visit
the child unless it finds that visitation would be detrimental to
the child.
   (g)(1) Whenever a court orders that a hearing shall be held
pursuant to Section 366.26, it shall direct the agency supervising
the child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (A) Current search efforts for an absent parent or parents.
   (B) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purpose of this subparagraph shall include,
but not be limited to, the child's siblings, grandparents, aunts,
and uncles.
   (C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the child's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship. If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3. As used in this subparagraph, "relative" means
an adult who is related to the minor by blood, adoption, or affinity
within the fifth degree of kinship, including stepparents,
stepsiblings, and all relatives whose status is preceded by the words
"great," "great-great," or "grand," or the spouse of any of those
persons even if the marriage was terminated by death or dissolution.

   (E) The relationship of the child to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
   (B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption.
   (h) In determining whether reunification services will benefit the
child pursuant to paragraph (6) or (7) of subdivision (b), the court
shall consider any information it deems relevant, including the
following factors:
   (1) The specific act or omission comprising the severe sexual
abuse or the severe physical harm inflicted on the child or the child'
s sibling or half sibling.
   (2) The circumstances under which the abuse or harm was inflicted
on the child or the child's sibling or half sibling.
   (3) The severity of the emotional trauma suffered by the child or
the child's sibling or half sibling.
   (4) Any history of abuse of other children by the offending parent
or guardian.
   (5) The likelihood that the child may be safely returned to the
care of the offending parent or guardian within 12 months with no
continuing supervision.
   (6) Whether or not the child desires to be reunified with the
offending parent or guardian.
   (i) The court shall read into the record the basis for a finding
of severe sexual abuse or the infliction of severe physical harm
under paragraph (6) of subdivision (b), and shall also specify the
factual findings used to determine that the provision of
reunification services to the offending parent or guardian would not
benefit the child.


361.7.  (a) Notwithstanding Section 361.5, a party seeking an
involuntary foster care placement of, or termination of parental
rights over, an Indian child shall provide evidence to the court that
active efforts have been made to provide remedial services and
rehabilitative programs designed to prevent the breakup of the Indian
family and that these efforts have proved unsuccessful.
   (b) What constitutes active efforts shall be assessed on a
case-by-case basis. The active efforts shall be made in a manner that
takes into account the prevailing social and cultural values,
conditions, and way of life of the Indian child's tribe. Active
efforts shall utilize the available resources of the Indian child's
extended family, tribe, tribal and other Indian social service
agencies, and individual Indian caregiver service providers.
   (c) No foster care placement or guardianship may be ordered in the
proceeding in the absence of a determination, supported by clear and
convincing evidence, including testimony of a qualified expert
witness, as defined in Section 224.6, that the continued custody of
the child by the parent or Indian custodian is likely to result in
serious emotional or physical damage to the child.



362.  (a) When a child is adjudged a dependent child of the court on
the ground that the child is a person described by Section 300, the
court may make any and all reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the child,
including medical treatment, subject to further order of the court.
To facilitate coordination and cooperation among government agencies
or private service providers, or both, the court may, after giving
notice and an opportunity to be heard, join in the juvenile court
proceedings any agency or private service provider that the court
determines has failed to meet a legal obligation to provide services
to the child.  In any proceeding in which an agency or private
service provider is joined, the court shall not impose duties upon
the agency or private service provider beyond those mandated by law.
Nothing in this section shall prohibit agencies or private service
providers that have received notice of the hearing on joinder from
meeting prior to the hearing to coordinate services for the child.
   The court has no authority to order services unless it has been
determined through the administrative process of an agency that has
been joined as a party, that the child is eligible for those
services.  With respect to mental health assessment, treatment, and
case management services pursuant to Chapter 26.5 (commencing with
Section 7570) of Division 7 of Title 1 of the Government Code, the
court's determination shall be limited to whether the agency or
private service provider has complied with that chapter.
   (b) When a child is adjudged a dependent child of the court, on
the ground that the child is a person described by Section 300 and
the court orders that a parent or guardian shall retain custody of
the child subject to the supervision of the social worker, the
parents or guardians shall be required to participate in child
welfare services or services provided by an appropriate agency
designated by the court.
   (c) The juvenile court may direct any and all reasonable orders to
the parents or guardians of the child who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out the provisions of this section, including orders
to appear before a county financial evaluation officer.  That order
may include a direction to participate in a counseling or education
program, including, but not limited to, a parent education and
parenting program operated by a community college, school district,
or other appropriate agency designated by the court.  A foster parent
or relative with whom the child is placed may be directed to
participate in such a program in cases in which the court deems
participation is appropriate and in the child's best interest.  The
program in which a parent or guardian is required to participate
shall be designed to eliminate those conditions that led to the court'
s finding that the child is a person described by Section 300.
   (d) When a child is adjudged a dependent child of the court, the
juvenile court may direct any and all reasonable orders to the
parents or guardians of the child who is the subject of any
proceedings under this chapter, to ensure the child's regular school
attendance and to make reasonable efforts to obtain educational
services necessary to meet the specific needs of the child.
   (e) "Private service provider" means any agency or individual that
receives federal, state, or local government funding or
reimbursement for providing services directly to foster children.



362.04.  (a) For purposes of this section:
   (1) "Caregiver" means any licensed or certified foster parent,
approved relative caregiver, or approved nonrelative extended family
member.
   (2) "Reasonable and prudent parent" or "reasonable and prudent
parent standard" means the standard characterized by careful and
sensible parental decisions that maintain the child's health, safety,
and best interest.
   (3) "Short-term" means no more than 24 consecutive hours.
   (b) Every caregiver may arrange for occasional short-term
babysitting of their foster child and allow individuals to supervise
the foster child for the purposes set forth in Section 362.05, or on
occasions, including, but not limited to, when the foster parent has
a medical or other health care appointment, grocery or other
shopping, personal grooming appointments, special occasions for the
foster parents, foster parent training classes, school-related
meetings (such as parent-teacher conferences), business meetings,
adult social gatherings, or an occasional evening out by the foster
parent.
   (c) Caregivers shall use a reasonable and prudent parent standard
in determining and selecting appropriate babysitters for occasional
short-term use.
   (d) The caregiver shall endeavor to provide the babysitter with
the following information before leaving the child for purposes of
short-term care:
   (1) Information about the child's emotional, behavioral, medical
or physical conditions, if any, necessary to provide care for the
child during the time the foster child is being supervised by the
babysitter.
   (2) Any medication that should be administered to the foster child
during the time the foster child is being supervised by the
babysitter.
   (3) Emergency contact information that is valid during the time
the foster child is being supervised by the babysitter.
   (e) Babysitters selected by the caregiver to provide occasional
short-term care to a foster child under the provisions of this
section shall be exempt from any department regulation requiring
health screening or cardiopulmonary resuscitation certification or
training.
   (f) Each state and local entity shall ensure that private agencies
that provide foster care services to dependent children have
policies consistent with this section. Policies that are not
consistent with this section include those that are incompatible
with, contradictory to, or more restrictive than this section.



362.05.  Every child adjudged a dependent child of the juvenile
court shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. No state or local
regulation or policy may prevent or create barriers to participation
in those activities. Each state and local entity shall ensure that
private agencies that provide foster care services to dependent
children have policies consistent with this section and that those
agencies promote and protect the ability of dependent children to
participate in age-appropriate extracurricular, enrichment, and
social activities. Caregivers, as defined in paragraph (1) of
subdivision (a) of Section 362.04, shall use a reasonable and prudent
parent standard, as defined in paragraph (2) of subdivision (a) of
Section 362.04, in determining whether to give permission for a child
residing in foster care to participate in extracurricular,
enrichment, and social activities. The caretaker shall take
reasonable steps to determine the appropriateness of the activity in
consideration of the child's age, maturity, and developmental level.



362.1.  (a) In order to maintain ties between the parent or guardian
and any siblings and the child, and to provide information relevant
to deciding if, and when, to return a child to the custody of his or
her parent or guardian, or to encourage or suspend sibling
interaction, any order placing a child in foster care, and ordering
reunification services, shall provide as follows:
   (1) (A) Subject to subparagraph (B), for visitation between the
parent or guardian and the child. Visitation shall be as frequent as
possible, consistent with the well-being of the child.
   (B) No visitation order shall jeopardize the safety of the child.
To protect the safety of the child, the court may keep the child's
address confidential. If the parent of the child has been convicted
of murder in the first degree, as defined in Section 189 of the Penal
Code, and the victim of the murder was the other parent of the
child, the court shall order visitation between the child and the
parent only if that order would be consistent with Section 3030 of
the Family Code.
   (2) Pursuant to subdivision (b) of Section 16002, for visitation
between the child and any siblings, unless the court finds by clear
and convincing evidence that sibling interaction is detrimental to
either child.
   (3) If the child is a teen parent who has custody of his or her
child and that child is not a dependent of the court pursuant to this
chapter, for visitation among the teen parent, the child's
noncustodial parent, and appropriate family members, unless the court
finds by clear and convincing evidence that visitation would be
detrimental to the teen parent.
   (b) When reunification services are not ordered pursuant to
Section 361.5, the child's plan for legal permanency shall include
consideration of the existence of and the relationship with any
sibling pursuant to Section 16002, including their impact on
placement and visitation.
   (c) As used in this section, "sibling" means a child related to
another person by blood, adoption, or affinity through a common legal
or biological parent.



362.2.  It is the intent of the Legislature that if a placement
out-of-home is necessary pursuant to an individualized education
program, that this placement be as near the child's home as possible,
unless it is not in the best interest of the child.  When the court
determines that it is the best interest of the child to be placed
out-of-state, the court shall read into the record that in-state
alternatives have been explored and that they cannot meet the needs
of the child, and the court shall state on the record the reasons for
the out-of-state placement.



362.3.  In addition to the notice provided in Sections 297 and 332,
the juvenile court may issue its citation directing any parent,
guardian, or foster parent of the person concerning whom a petition
has been filed to appear at the time and place set for any hearing
under the provisions of this chapter, and directing any person having
custody or control of the child concerning whom the petition has
been filed to bring the child with him or her.  The citation shall,
in addition, state that a parent, guardian, or foster parent may be
required to participate in a counseling or education program with the
child concerning whom the petition has been filed.  Personal service
of the citation shall be made at least 24 hours before the time
stated therein for the appearance.



362.4.  When the juvenile court terminates its jurisdiction over a
minor who has been adjudged a dependent child of the juvenile court
prior to the minor's attainment of the age of 18 years, and
proceedings for dissolution of marriage, for nullity of marriage, or
for legal separation, of the minor's parents, or proceedings to
establish the paternity of the minor child brought under the Uniform
Parentage Act, Part 3 (commencing with Section 7600) of Division 12
of the Family Code, are pending in the superior court of any county,
or an order has been entered with regard to the custody of that
minor, the juvenile court on its own motion, may issue a protective
order as provided for in Section 213.5 or as defined in Section 6218
of the Family Code, and an order determining the custody of, or
visitation with, the child.
   Any order issued pursuant to this section shall continue until
modified or terminated by a subsequent order of the superior court.
The order of the juvenile court shall be filed in the proceeding for
nullity, dissolution, or legal separation, or in the proceeding to
establish paternity, at the time the juvenile court terminates its
jurisdiction over the minor, and shall become a part thereof.
   If no action is filed or pending relating to the custody of the
minor in the superior court of any county, the juvenile court order
may be used as the sole basis for opening a file in the superior
court of the county in which the parent, who has been given custody,
resides.  The court may direct the parent or the clerk of the
juvenile court to transmit the order to the clerk of the superior
court of the county in which the order is to be filed.  The clerk of
the superior court shall, immediately upon receipt, open a file,
without a filing fee, and assign a case number.
   The clerk of the superior court shall, upon the filing of any
juvenile court custody order, send by first-class mail a copy of the
order with the case number to the juvenile court and to the parents
at the address listed on the order.
   The Judicial Council shall adopt forms for any custody or
restraining order issued under this section.  These form orders shall
not be confidential.



362.6.  (a) When a hearing is requested pursuant to Section 1202.05
of the Penal Code, the sentencing court shall forward a copy of the
request to the child protective services agency (CPS), or the
appropriate entity, in the county in which any related dependency
matters as to the affected child victim have been heard or to the
county in which the child victim resides.  CPS, or the appropriate
entity, shall initiate a hearing to determine whether visitation
between the child victim and the incarcerated person would be in the
best interests of the child victim.  If the court determines that
visitation with the incarcerated person is in the best interests of
the child victim, CPS, or the appropriate entity, shall notify the
Department of Corrections to provide for contact or visitation, or
both, as ordered by the court.
   (b) The court, if visitation is allowed, may impose whatever
safeguards or restrictions it deems appropriate to protect the child
victim.
   (c) The court's order shall be transmitted to all parties and to
the Department of Corrections.
   (d) Any party may return to the juvenile court at any time prior
to the child victim's 18th birthday and request modification of the
court's order based on a change of circumstances.  For these
purposes, the juvenile court shall retain jurisdiction over the
matter until the child victim reaches the age of 18 years.



362.7.  When the home of a nonrelative extended family member is
being considered for placement of a child, the home shall be
evaluated, and approval of that home shall be granted or denied,
pursuant to the same standards set forth in the regulations for the
licensing of foster family homes which prescribe standards of safety
and sanitation for the physical plant and standards for basic
personal care, supervision, and services provided by the caregiver.
   A "nonrelative extended family member" is defined as any adult
caregiver who has an established familial or mentoring relationship
with the child.  The county welfare department shall verify the
existence of a relationship through interviews with the parent and
child or with one or more third parties.  The parties may include
relatives of the child, teachers, medical professionals, clergy,
neighbors, and family friends.



363.  If the parent or person legally responsible for the care of
any minor who is found to be a person described in Section 300
receives public assistance or care, any portion of which is
attributable to the minor, a copy of the order of the court providing
for the removal of the minor from his or her home shall be furnished
to the appropriate social services official, who shall reduce the
public assistance and care furnished the parent or other person by
the amount attributable to the minor.



364.  (a) Every hearing in which an order is made placing a child
under the supervision of the juvenile court pursuant to Section 300
and in which the child is not removed from the physical custody of
his or her parent or guardian shall be continued to a specific future
date not to exceed six months after the date of the original
dispositional hearing.  The continued hearing shall be placed on the
appearance calendar.  The court shall advise all persons present of
the date of the future hearings, of their rights to be present, and
to be represented by counsel.
   (b) At least 10 calendar days prior to the hearing, the social
worker shall file a supplemental report with the court describing the
services offered to the family and the progress made by the family
in eliminating the conditions or factors requiring court supervision.
  The social worker shall also make a recommendation regarding the
necessity of continued supervision.  A copy of this report shall be
furnished to all parties at least 10 calendar days prior to the
hearing.
   (c) After hearing any evidence presented by the social worker, the
parent, the guardian, or the  child, the court shall determine
whether continued supervision is necessary.  The court shall
terminate its jurisdiction unless the social worker or his or her
department establishes by a preponderance of evidence that the
conditions still exist which would justify initial assumption of
jurisdiction under Section 300, or that those conditions are likely
to exist if supervision is withdrawn.  Failure of the parent or
guardian to participate regularly in any court ordered treatment
program shall constitute prima facie evidence that the conditions
which justified initial assumption of jurisdiction still exist and
that continued supervision is necessary.
   (d) If the court retains jurisdiction it shall continue the matter
to a specified date, not more than six months from the time of the
hearing, at which point the court shall again follow the procedure
specified in subdivision (c).
   (e) In any case in which the court has ordered that a parent or
guardian shall retain physical custody of a child subject to
supervision by a social worker, and the social worker subsequently
receives a report of acts or circumstances which indicate that there
is reasonable cause to believe that the child is a person described
in subdivision (a), (d), or (e) of Section 300, the social worker
shall commence proceedings under this chapter.  If, as a result of
the proceedings required, the court finds that the child is a person
described in subdivision (a), (d), or (e) of Section 300, the court
shall remove the child from the care, custody, and control of the
child's parent or guardian and shall commit the child to the care,
custody, and control of the social worker pursuant to Section 361.



364.05.  Notwithstanding Section 364, in a county of the first
class, a copy of the report required pursuant to subdivision (b) of
Section 364 shall be provided to all parties at least 10 calendar
days prior to the hearing.  This may be accomplished by mailing the
report at least 15 calendar days prior to the hearing to a party
whose address is within the State of California, or at least 20
calendar days prior to the hearing to a party whose address is
outside the State of California.  The court shall grant a reasonable
continuance, not to exceed 10 calendar days, upon request by any
party or his or her counsel on the ground that the report was not
provided at least 10 calendar days prior to the hearing as required
by this section, unless the party or his or her counsel has expressly
waived the requirement that the report be provided within the 10-day
period or the court finds that the party's ability to proceed at the
hearing is not prejudiced by the lack of timely service of the
report.  In making this determination, the court shall presume that a
party is prejudiced by the lack of timely service of the report, and
may find that the party is not prejudiced only by clear and
convincing evidence to the contrary.



365.  The court may require the social worker or any other agency to
render any periodic reports concerning children committed to its
care, custody, and control under the provisions of Section 362 that
the court deems necessary or desirable.  The court may require that
the social worker, or any other public agency organized to provide
care for needy or neglected children, shall perform the visitation
and make periodic reports to the courts concerning children committed
under those provisions that the court deems necessary or desirable.



366.  (a) (1) The status of every dependent child in foster care
shall be reviewed periodically as determined by the court but no less
frequently than once every six months, as calculated from the date
of the original dispositional hearing, until the hearing described in
Section 366.26 is completed. The court shall consider the safety of
the child and shall determine all of the following:
   (A) The continuing necessity for and appropriateness of the
placement.
   (B) The extent of the agency's compliance with the case plan in
making reasonable efforts, or, in the case of an Indian child, active
efforts as described in Section 361.7, to return the child to a safe
home and to complete any steps necessary to finalize the permanent
placement of the child, including efforts to maintain relationships
between a child who is 10 years of age or older and who has been in
an out-of-home placement for six months or longer, and individuals
other than the child's siblings who are important to the child,
consistent with the child's best interests.
   (C) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions for the child. That
limitation shall be specifically addressed in the court order and may
not exceed those necessary to protect the child. Whenever the court
specifically limits the right of the parent or guardian to make
educational decisions for the child, the court shall at the same time
appoint a responsible adult to make educational decisions for the
child pursuant to Section 361.
   (D) (i) Whether the child has other siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (I) The nature of the relationship between the child and his or
her siblings.
   (II) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (III) If the siblings are not placed together in the same home,
why the siblings are not placed together and what efforts are being
made to place the siblings together, or why those efforts are not
appropriate.
   (IV) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (V) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   (VI) The continuing need to suspend sibling interaction, if
applicable, pursuant to subdivision (c) of Section 16002.
   (ii) The factors the court may consider in making a determination
regarding the nature of the child's sibling relationships may
include, but are not limited to, whether the siblings were raised
together in the same home, whether the siblings have shared
significant common experiences or have existing close and strong
bonds, whether either sibling expresses a desire to visit or live
with his or her sibling, as applicable, and whether ongoing contact
is in the child's best emotional interests.
   (E) The extent of progress which has been made toward alleviating
or mitigating the causes necessitating placement in foster care.
   (2) The court shall project a likely date by which the child may
be returned to and safely maintained in the home or placed for
adoption, legal guardianship, or in another planned permanent living
arrangement.
   (b) Subsequent to the hearing, periodic reviews of each child in
foster care shall be conducted pursuant to the requirements of
Sections 366.3 and 16503.
   (c) If the child has been placed out of state, each review
described in subdivision (a) and any reviews conducted pursuant to
Sections 366.3 and 16503 shall also address whether the out-of-state
placement continues to be the most appropriate placement selection
and in the best interests of the child.
   (d) A child may not be placed in an out-of-state group home, or
remain in an out-of-state group home, unless the group home is in
compliance with Section 7911.1 of the Family Code.
   (e) The implementation and operation of the amendments to
subparagraph (B) of paragraph (1) of subdivision (a) 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.



366.05.  Notwithstanding subdivision (c) of Section 366.21, in a
county of the first class, any supplemental report filed in
connection with a status review hearing held pursuant to subdivision
(a) of Section 366 shall be provided to the parent or legal guardian
and to counsel for the child at least 10 calendar days prior to the
hearing.  This may be accomplished by mailing the report at least 15
calendar days prior to the hearing to a party whose address is within
the State of California, or at least 20 calendar days prior to the
hearing to a party whose address is outside the State of California.
The court shall grant a reasonable continuance, not to exceed 10
calendar days, upon request by any party or his or her counsel on the
ground that the report was not provided at least 10 calendar days
prior to the hearing as required by this section, unless the party or
his or her counsel has expressly waived the requirement that the
report be provided within the 10-day period or the court finds that
the party's ability to proceed at the hearing is not prejudiced by
the lack of timely service of the report.  In making this
determination, the court shall presume that a party is prejudiced by
the lack of timely service of the report, and may find that the party
is not prejudiced only by clear and convincing evidence to the
contrary.


366.1.  Each supplemental report required to be filed pursuant to
Section 366 shall include, but not be limited to, a factual
discussion of each of the following subjects:
   (a) Whether the county welfare department social worker has
considered child protective services, as defined in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9, as a
possible solution to the problems at hand, and has offered those
services to qualified parents, if appropriate under the
circumstances.
   (b) What plan, if any, for the return and maintenance of the child
in a safe home is recommended to the court by the county welfare
department social worker.
   (c) Whether the subject child appears to be a person who is
eligible to be considered for further court action to free the child
from parental custody and control.
   (d) What actions, if any, have been taken by the parent to correct
the problems that caused the child to be made a dependent child of
the court.
   (e) If the parent or guardian is unwilling or unable to
participate in making an educational decision for his or her child,
or if other circumstances exist that compromise the ability of the
parent or guardian to make educational decisions for the child, the
county welfare department or social worker shall consider whether the
right of the parent or guardian to make educational decisions for
the child should be limited. If the supplemental report makes that
recommendation, the report shall identify whether there is a
responsible adult available to make educational decisions for the
child pursuant to Section 361.
   (f) (1) Whether the child has any siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (A) The nature of the relationship between the child and his or
her siblings.
   (B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
   (D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   (2) The factual discussion shall include a discussion of
indicators of the nature of the child's sibling relationships,
including, but not limited to, whether the siblings were raised
together in the same home, whether the siblings have shared
significant common experiences or have existing close and strong
bonds, whether either sibling expresses a desire to visit or live
with his or her sibling, as applicable, and whether ongoing contact
is in the child's best emotional interests.
   (g) Whether a child who is 10 years of age or older and who has
been in an out-of-home placement for six months or longer has
relationships with individuals other than the child's siblings that
are important to the child, consistent with the child's best
interests, and actions taken to maintain those relationships. The
social worker shall ask every child who is 10 years of age or older
and who has been in an out-of-home placement for six months or longer
to identify any individuals other than the child's siblings who are
important to the child, consistent with the child's best interest.
The social worker may ask any other child to provide that
information, as appropriate.
   (h) The implementation and operation of the amendments to
subdivision (g) 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.



366.21.  (a) Every hearing conducted by the juvenile court reviewing
the status of a dependent child shall be placed on the appearance
calendar. The court shall advise all persons present at the hearing
of the date of the future hearing and of their right to be present
and represented by counsel.
   (b) Except as provided in Sections 294 and 295, notice of the
hearing shall be provided pursuant to Section 293.
   (c) At least 10 calendar days prior to the hearing, the social
worker shall file a supplemental report with the court regarding the
services provided or offered to the parent or legal guardian to
enable him or her to assume custody and the efforts made to achieve
legal permanence for the child if efforts to reunify fail, including,
but not limited to, efforts to maintain relationships between a
child who is 10 years of age or older and has been in out-of-home
placement for six months or longer and individuals who are important
to the child, consistent with the child's best interests; the
progress made; and, where relevant, the prognosis for return of the
child to the physical custody of his or her parent or legal guardian;
and shall make his or her recommendation for disposition. If the
child is a member of a sibling group described in paragraph (3) of
subdivision (a) of Section 361.5, the report and recommendation may
also take into account those factors described in subdivision (e)
relating to the child's sibling group. If the recommendation is not
to return the child to a parent or legal guardian, the report shall
specify why the return of the child would be detrimental to the
child. The social worker shall provide the parent or legal guardian,
counsel for the child, and any court-appointed child advocate with a
copy of the report, including his or her recommendation for
disposition, at least 10 calendar days prior to the hearing. In the
case of a child removed from the physical custody of his or her
parent or legal guardian, the social worker shall, at least 10
calendar days prior to the hearing, provide a summary of his or her
recommendation for disposition to any foster parents, relative
caregivers, and certified foster parents who have been approved for
adoption by the State Department of Social Services when it is acting
as an adoption agency in counties that are not served by a county
adoption agency or by a licensed county adoption agency, community
care facility, or foster family agency having the physical custody of
the child. The social worker shall include a copy of the Judicial
Council Caregiver Information Form (JV-290) with the summary of
recommendations to the child's foster parents, relative caregivers,
or foster parents approved for adoption, in the caregiver's primary
language when available, along with information on how to file the
form with the court.
   (d) Prior to any hearing involving a child in the physical custody
of a community care facility or a foster family agency that may
result in the return of the child to the physical custody of his or
her parent or legal guardian, or in adoption or the creation of a
legal guardianship, the facility or agency shall file with the court
a report, or a Judicial Council Caregiver Information Form (JV-290),
containing its recommendation for disposition. Prior to the hearing
involving a child in the physical custody of a foster parent, a
relative caregiver, or a certified foster parent who has been
approved for adoption by the State Department of Social Services when
it is acting as an adoption agency or by a licensed adoption agency,
the foster parent, relative caregiver, or the certified foster
parent who has been approved for adoption by the State Department of
Social Services when it is acting as an adoption agency in counties
that are not served by a county adoption agency or by a licensed
county adoption agency, may file with the court a report containing
his or her recommendation for disposition. The court shall consider
the report and recommendation filed pursuant to this subdivision
prior to determining any disposition.
   (e) At the review hearing held six months after the initial
dispositional hearing, the court shall order the return of the child
to the physical custody of his or her parent or legal guardian unless
the court finds, by a preponderance of the evidence, that the return
of the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the hearing, the court
shall consider the criminal history, obtained pursuant to paragraph
(1) of subdivision (f) of Section 16504.5, of the parent or legal
guardian subsequent to the child's removal, provided that he or she
agreed to submit fingerprint images to obtain criminal history
information as part of the case plan. The failure of the parent or
legal guardian to participate regularly and make substantive progress
in court-ordered treatment programs shall be prima facie evidence
that return would be detrimental. In making its determination, the
court shall review and consider the social worker's report and
recommendations and the report and recommendations of any child
advocate appointed pursuant to Section 356.5; and shall consider the
efforts or progress, or both, demonstrated by the parent or legal
guardian and the extent to which he or she availed himself or herself
to services provided.
   Regardless of whether the child is returned to a parent or legal
guardian, the court shall specify the factual basis for its
conclusion that the return would be detrimental or would not be
detrimental. The court also shall make appropriate findings pursuant
to subdivision (a) of Section 366; and, where relevant, shall order
any additional services reasonably believed to facilitate the return
of the child to the custody of his or her parent or legal guardian.
The court shall also inform the parent or legal guardian that if the
child cannot be returned home by the 12-month permanency hearing, a
proceeding pursuant to Section 366.26 may be instituted. This section
does not apply in a case where, pursuant to Section 361.5, the court
has ordered that reunification services shall not be provided.
   If the child was under the age of three years on the date of the
initial removal, or is a member of a sibling group described in
paragraph (3) of subdivision (a) of Section 361.5, and the court
finds by clear and convincing evidence that the parent failed to
participate regularly and make substantive progress in a
court-ordered treatment plan, the court may schedule a hearing
pursuant to Section 366.26 within 120 days. If, however, the court
finds there is a substantial probability that the child, who was
under the age of three years on the date of initial removal or is a
member of a sibling group described in paragraph (3) of subdivision
(a) of Section 361.5, may be returned to his or her parent or legal
guardian within six months or that reasonable services have not been
provided, the court shall continue the case to the 12-month
permanency hearing.
   For the purpose of placing and maintaining a sibling group
together in a permanent home, the court, in making its determination
to schedule a hearing pursuant to Section 366.26 for some or all
members of a sibling group, as described in paragraph (3) of
subdivision (a) of Section 361.5, shall review and consider the
social worker's report and recommendations.  Factors the report shall
address, and the court shall consider, may include, but need not be
limited to, whether the sibling group was removed from parental care
as a group, the closeness and strength of the sibling bond, the ages
of the siblings, the appropriateness of maintaining the sibling group
together, the detriment to the child if sibling ties are not
maintained, the likelihood of finding a permanent home for the
sibling group, whether the sibling group is currently placed together
in a preadoptive home or has a concurrent plan goal of legal
permanency in the same home, the wishes of each child whose age and
physical and emotional condition permits a meaningful response, and
the best interest of each child in the sibling group. The court shall
specify the factual basis for its finding that it is in the best
interest of each child to schedule a hearing pursuant to Section
366.26 in 120 days for some or all of the members of the sibling
group.
   If the child was removed initially under subdivision (g) of
Section 300 and the court finds by clear and convincing evidence that
the whereabouts of the parent are still unknown, or the parent has
failed to contact and visit the child, the court may schedule a
hearing pursuant to Section 366.26 within 120 days. If the court
finds by clear and convincing evidence that the parent has been
convicted of a felony indicating parental unfitness, the court may
schedule a hearing pursuant to Section 366.26 within 120 days.
   If the child had been placed under court supervision with a
previously noncustodial parent pursuant to Section 361.2, the court
shall determine whether supervision is still necessary. The court may
terminate supervision and transfer permanent custody to that parent,
as provided for by paragraph (1) of subdivision (b) of Section
361.2.
   In all other cases, the court shall direct that any reunification
services previously ordered shall continue to be offered to the
parent or legal guardian pursuant to the time periods set forth in
subdivision (a) of Section 361.5, provided that the court may modify
the terms and conditions of those services.
   If the child is not returned to his or her parent or legal
guardian, the court shall determine whether reasonable services that
were designed to aid the parent or legal guardian in overcoming the
problems that led to the initial removal and the continued custody of
the child have been provided or offered to the parent or legal
guardian. The court shall order that those services be initiated,
continued, or terminated.
   (f) The permanency hearing shall be held no later than 12 months
after the date the child entered foster care, as that date is
determined pursuant to subdivision (a) of Section 361.5. At the
permanency hearing, the court shall determine the permanent plan for
the child, which shall include a determination of whether the child
will be returned to the child's home and, if so, when, within the
time limits of subdivision (a) of Section 361.5. The court shall
order the return of the child to the physical custody of his or her
parent or legal guardian unless the court finds, by a preponderance
of the evidence, that the return of the child to his or her parent or
legal guardian would create a substantial risk of detriment to the
safety, protection, or physical or emotional well-being of the child.
The social worker shall have the burden of establishing that
detriment. At the permanency hearing, the court shall consider the
criminal history, obtained pursuant to paragraph (1) of subdivision
(f) of Section 16504.5, of the parent or legal guardian subsequent to
the child's removal, provided that he or she agreed to submit
fingerprint images to obtain criminal history information as part of
the case plan. The court shall also determine whether reasonable
services that were designed to aid the parent or legal guardian to
overcome the problems that led to the initial removal and continued
custody of the child have been provided or offered to the parent or
legal guardian. For each youth 16 years of age and older, the court
shall also determine whether services have been made available to
assist him or her in making the transition from foster care to
independent living. The failure of the parent or legal guardian to
participate regularly and make substantive progress in court-ordered
treatment programs shall be prima facie evidence that return would be
detrimental. In making its determination, the court shall review and
consider the social worker's report and recommendations and the
report and recommendations of any child advocate appointed pursuant
to Section 356.5, shall consider the efforts or progress, or both,
demonstrated by the parent or legal guardian and the extent to which
he or she availed himself or herself of services provided, and shall
make appropriate findings pursuant to subdivision (a) of Section 366.

   Regardless of whether the child is returned to his or her parent
or legal guardian, the court shall specify the factual basis for its
decision. If the child is not returned to a parent or legal guardian,
the court shall specify the factual basis for its conclusion that
the return would be detrimental. The court also shall make a finding
pursuant to subdivision (a) of Section 366. If the child is not
returned to his or her parent or legal guardian, the court shall
consider, and state for the record, in-state and out-of-state
placement options. If the child is placed out of the state, the court
shall make a determination whether the out-of-state placement
continues to be appropriate and in the best interests of the child.
   (g) If the time period in which the court-ordered services were
provided has met or exceeded the time period set forth in paragraph
(1), (2), or (3) of subdivision (a) of Section 361.5, as appropriate,
and a child is not returned to the custody of a parent or legal
guardian at the permanency hearing held pursuant to subdivision (f),
the court shall do one of the following:
   (1) Continue the case for up to six months for a permanency review
hearing, provided that the hearing shall occur within 18 months of
the date the child was originally taken from the physical custody of
his or her parent or legal guardian. The court shall continue the
case only if it finds that there is a substantial probability that
the child will be returned to the physical custody of his or her
parent or legal guardian and safely maintained in the home within the
extended period of time or that reasonable services have not been
provided to the parent or legal guardian. For the purposes of this
section, in order to find a substantial probability that the child
will be returned to the physical custody of his or her parent or
legal guardian and safely maintained in the home within the extended
period of time, the court shall be required to find all of the
following:
   (A) That the parent or legal guardian has consistently and
regularly contacted and visited with the child.
   (B) That the parent or legal guardian has made significant
progress in resolving problems that led to the child's removal from
the home.
   (C) The parent or legal guardian has demonstrated the capacity and
ability both to complete the objectives of his or her treatment plan
and to provide for the child's safety, protection, physical and
emotional well-being, and special needs.
   For purposes of this subdivision, the court's decision to continue
the case based on a finding or substantial probability that the
child will be returned to the physical custody of his or her parent
or legal guardian is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interests
of the child.
   The court shall inform the parent or legal guardian that if the
child cannot be returned home by the next permanency review hearing,
a proceeding pursuant to Section 366.26 may be instituted. The court
may not order that a hearing pursuant to Section 366.26 be held
unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
   (2) Order that a hearing be held within 120 days, pursuant to
Section 366.26, but only if the court does not continue the case to
the permanency planning review hearing and there is clear and
convincing evidence that reasonable services have been provided or
offered to the parents or legal guardians.
   (3) Order that the child remain in long-term foster care, but only
if the court finds by clear and convincing evidence, based upon the
evidence already presented to it, including a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency, that there is a compelling
reason for determining that a hearing held pursuant to Section 366.26
is not in the best interest of the child because the child is not a
proper subject for adoption and has no one willing to accept legal
guardianship. For purposes of this section, a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency that adoption is not in the
best interest of the child shall constitute a compelling reason for
the court's determination. That recommendation shall be based on the
present circumstances of the child and may not preclude a different
recommendation at a later date if the child's circumstances change.
   If the court orders that a child who is 10 years of age or older
remain in long-term foster care, the court shall determine whether
the agency has made reasonable efforts to maintain the child's
relationships with individuals other than the child's siblings who
are important to the child, consistent with the child's best
interests, and may make any appropriate order to ensure that those
relationships are maintained.
   If the child is not returned to his or her parent or legal
guardian, the court shall consider, and state for the record,
in-state and out-of-state options for permanent placement. If the
child is placed out of the state, the court shall make a
determination whether the out-of-state placement continues to be
appropriate and in the best interests of the child.
   (h) In any case in which the court orders that a hearing pursuant
to Section 366.26 shall be held, it shall also order the termination
of reunification services to the parent or legal guardian. The court
shall continue to permit the parent or legal guardian to visit the
child pending the hearing unless it finds that visitation would be
detrimental to the child. The court shall make any other appropriate
orders to enable the child to maintain relationships with
individuals, other than the child's siblings, who are important to
the child, consistent with the child's best interests.
   (i) (1) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (A) Current search efforts for an absent parent or parents or
legal guardians.
   (B) A review of the amount of and nature of any contact between
the child and his or her parents or legal guardians and other members
of his or her extended family since the time of placement. Although
the extended family of each child shall be reviewed on a case-by-case
basis, "extended family" for the purpose of this subparagraph shall
include, but not be limited to, the child's siblings, grandparents,
aunts, and uncles.
   (C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed guardian is a relative of
the minor, and the relative was assessed for foster care placement
of the minor prior to January 1, 1998, the assessment shall also
consider, but need not be limited to, all of the factors specified in
subdivision (a) of Section 361.3.
   (E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (F) A description of efforts to be made to identify a prospective
adoptive parent or legal guardian, including, but not limited to,
child-specific recruitment and listing on an adoption exchange within
the state or out of the state.
   (G) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
   (B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption.
   (j) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with a relative, and
juvenile court dependency is subsequently dismissed, the relative
shall be eligible for aid under the Kin-GAP Program, as provided for
in Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3
of Division 9.
   (k) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
   (l) For purposes of this section, evidence of any of the following
circumstances may not, in and of itself, be deemed a failure to
provide or offer reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
   (3) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
   (m) The implementation and operation of the amendments to
subdivisions (c) and (g) 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.



366.22.  (a) When a case has been continued pursuant to paragraph
(1) of subdivision (g) of Section 366.21, the permanency review
hearing shall occur within 18 months after the date the child was
originally removed from the physical custody of his or her parent or
legal guardian. The court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child. The social worker shall have
the burden of establishing that detriment. At the permanency review
hearing, the court shall consider the criminal history, obtained
pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of
the parent or legal guardian subsequent to the child's removal,
provided that he or she agreed to submit fingerprint images to obtain
criminal history information as part of the case plan. The failure
of the parent or legal guardian to participate regularly and make
substantive progress in court-ordered treatment programs shall be
prima facie evidence that return would be detrimental. In making its
determination, the court shall review and consider the social worker'
s report and recommendations and the report and recommendations of
any child advocate appointed pursuant to Section 356.5; shall
consider the efforts or progress, or both, demonstrated by the parent
or legal guardian and the extent to which he or she availed himself
or herself of services provided; and shall make appropriate findings
pursuant to subdivision (a) of Section 366.
   Whether or not the child is returned to his or her parent or legal
guardian, the court shall specify the factual basis for its
decision. If the child is not returned to a parent or legal guardian,
the court shall specify the factual basis for its conclusion that
return would be detrimental. If the child is not returned to his or
her parent or legal guardian, the court shall consider, and state for
the record, in-state and out-of-state options for the child's
permanent placement. If the child is placed out of the state, the
court shall make a determination whether the out-of-state placement
continues to be appropriate and in the best interests of the child.
   If the child is not returned to a parent or legal guardian at the
permanency review hearing, the court shall order that a hearing be
held pursuant to Section 366.26 in order to determine whether
adoption, guardianship, or long-term foster care is the most
appropriate plan for the child. However, if the court finds by clear
and convincing evidence, based on the evidence already presented to
it, including a recommendation by the State Department of Social
Services when it is acting as an adoption agency in counties that are
not served by a county adoption agency or by a licensed county
adoption agency, that there is a compelling reason, as described in
paragraph (3) of subdivision (g) of Section 366.21, for determining
that a hearing held under Section 366.26 is not in the best interest
of the child because the child is not a proper subject for adoption
and has no one willing to accept legal guardianship, then the court
may, only under these circumstances, order that the child remain in
foster care. If the court orders that a child who is 10 years of age
or older remain in long-term foster care, the court shall determine
whether the agency has made reasonable efforts to maintain the child'
s relationships with individuals other than the child's siblings who
are important to the child, consistent with the child's best
interests, and may make any appropriate order to ensure that those
relationships are maintained. The hearing shall be held no later than
120 days from the date of the permanency review hearing. The court
shall also order termination of reunification services to the parent
or legal guardian. The court shall continue to permit the parent or
legal guardian to visit the child unless it finds that visitation
would be detrimental to the child. The court shall determine whether
reasonable services have been offered or provided to the parent or
legal guardian. For purposes of this subdivision, evidence of any of
the following circumstances shall not, in and of themselves, be
deemed a failure to provide or offer reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
   (3) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
   (b) (1) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (A) Current search efforts for an absent parent or parents.
   (B) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement. Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this subparagraph shall
include, but not be limited to, the child's siblings, grandparents,
aunts, and uncles.
   (C) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (D) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship. If a proposed legal guardian is a
relative of the minor, and the relative was assessed for foster care
placement of the minor prior to January 1, 1998, the assessment shall
also consider, but need not be limited to, all of the factors
specified in subdivision (a) of Section 361.3.
   (E) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the motivation for seeking adoption or legal
guardianship, and a statement from the child concerning placement and
the adoption or legal guardianship, unless the child's age or
physical, emotional, or other condition precludes his or her
meaningful response, and if so, a description of the condition.
   (F) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (2) (A) A relative caregiver's preference for legal guardianship
over adoption, if it is due to circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, shall not constitute the sole basis for recommending removal
of the child from the relative caregiver for purposes of adoptive
placement.
   (B) A relative caregiver shall be given information regarding the
permanency options of guardianship and adoption, including the
long-term benefits and consequences of each option, prior to
establishing legal guardianship or pursuing adoption.
   (c) This section shall become operative January 1, 1999. If at any
hearing held pursuant to Section 366.26, a legal guardianship is
established for the minor with a relative, and juvenile court
dependency is subsequently dismissed, the relative shall be eligible
for aid under the Kin-GAP Program, as provided for in Article 4.5
(commencing with Section 11360) of Chapter 2 of Part 3 of Division 9.

   (d) As used in this section, "relative" means an adult who is
related to the child by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
   (e) The implementation and operation of the amendments to
subdivision (a) 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.



366.23.  If a noncustodial parent is seeking placement or custody of
a child, the social worker shall inform the caretaker that he or she
has the right to provide the court with input regarding the
placement of the child. The social worker shall provide the
"Caregiver Information Form" to the caretaker to complete and request
that the caregiver provide any particular information the caregiver
might have regarding the noncustodial parent now seeking custody. If
a report is required or otherwise due, the completed form shall be
attached to the social worker's report to be filed with the court. If
not, the social worker shall ensure that, if the foster parent
completes the form, the completed form is returned to the court for
review and consideration before the child is placed with the
noncustodial parent.



366.26.  (a) This section applies to children who are adjudged
dependent children of the juvenile court pursuant to subdivision (d)
of Section 360. The procedures specified herein are the exclusive
procedures for conducting these hearings; Part 2 (commencing with
Section 3020) of Division 8 of the Family Code is not applicable to
these proceedings.  Section 8616.5 of the Family Code is applicable
and available to all dependent children meeting the requirements of
that section, if the postadoption contact agreement has been entered
into voluntarily. For children who are adjudged dependent children of
the juvenile court pursuant to subdivision (d) of Section 360, this
section and Sections 8604, 8605, 8606, and 8700 of the Family Code
and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12
of the Family Code specify the exclusive procedures for permanently
terminating parental rights with regard to, or establishing legal
guardianship of, the child while the child is a dependent child of
the juvenile court.
   (b) At the hearing, which shall be held in juvenile court for all
children who are dependents of the juvenile court, the court, in
order to provide stable, permanent homes for these children, shall
review the report as specified in Section 361.5, 366.21, or 366.22,
shall indicate that the court has read and considered it, shall
receive other evidence that the parties may present, and then shall
make findings and orders in the following order of preference:
   (1) Terminate the rights of the parent or parents and order that
the child be placed for adoption and, upon the filing of a petition
for adoption in the juvenile court, order that a hearing be set. The
court shall proceed with the adoption after the appellate rights of
the natural parents have been exhausted.
   (2) Appoint a relative or relatives with whom the child is
currently residing as legal guardian or guardians for the child, and
order that letters of guardianship issue.
   (3) On making a finding under paragraph (3) of subdivision (c),
identify adoption as the permanent placement goal and order that
efforts be made to locate an appropriate adoptive family for the
child within a period not to exceed 180 days.
   (4) Appoint a nonrelative legal guardian for the child and order
that letters of guardianship issue.
   (5) Order that the child be placed in long-term foster care,
subject to the periodic review of the juvenile court under Section
366.3.
   In choosing among the above alternatives the court shall proceed
pursuant to subdivision (c).
   (c) (1) If the court determines, based on the assessment provided
as ordered under subdivision (i) of Section 366.21 or subdivision (b)
of Section 366.22, and any other relevant evidence, by a clear and
convincing standard, that it is likely the child will be adopted, the
court shall terminate parental rights and order the child placed for
adoption. The fact that the child is not yet placed in a preadoptive
home nor with a relative or foster family who is prepared to adopt
the child, shall not constitute a basis for the court to conclude
that it is not likely the child will be adopted. A finding under
subdivision (b) or paragraph (1) of subdivision (e) of Section 361.5
that reunification services shall not be offered, under subdivision
(e) of Section 366.21 that the whereabouts of a parent have been
unknown for six months or that the parent has failed to visit or
contact the child for six months or that the parent has been
convicted of a felony indicating parental unfitness, or, under
Section 366.21 or 366.22, that the court has continued to remove the
child from the custody of the parent or guardian and has terminated
reunification services, shall constitute a sufficient basis for
termination of parental rights. Under these circumstances, the court
shall terminate parental rights unless either of the following
applies:
   (A) The child is living with a relative who is unable or unwilling
to adopt the child because of circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
child, but who is willing and capable of providing the child with a
stable and permanent environment through legal guardianship, and the
removal of the child from the custody of his or her relative would be
detrimental to the emotional well-being of the child. For purposes
of an Indian child, "relative" shall include an "extended family
member," as defined in the federal Indian Child Welfare Act (25
U.S.C. Sec. 1903(2)).
   (B) The court finds a compelling reason for determining that
termination would be detrimental to the child due to one or more of
the following circumstances:
   (i) The parents have maintained regular visitation and contact
with the child and the child would benefit from continuing the
relationship.
   (ii) A child 12 years of age or older objects to termination of
parental rights.
   (iii) The child is placed in a residential treatment facility,
adoption is unlikely or undesirable, and continuation of parental
rights will not prevent finding the child a permanent family
placement if the parents cannot resume custody when residential care
is no longer needed.
   (iv) The child is living with a foster parent or Indian custodian
who is unable or unwilling to adopt the child because of exceptional
circumstances, that do not include an unwillingness to accept legal
or financial responsibility for the child, but who is willing and
capable of providing the child with a stable and permanent
environment and the removal of the child from the physical custody of
his or her foster parent or Indian custodian would be detrimental to
the emotional well-being of the child. This clause does not apply to
any child who is either (I) under six years of age or (II) a member
of a sibling group where at least one child is under six years of age
and the siblings are, or should be, permanently placed together.
   (v) There would be substantial interference with a child's sibling
relationship, taking into consideration the nature and extent of the
relationship, including, but not limited to, whether the child was
raised with a sibling in the same home, whether the child shared
significant common experiences or has existing close and strong bonds
with a sibling, and whether ongoing contact is in the child's best
interest, including the child's long-term emotional interest, as
compared to the benefit of legal permanence through adoption.
   (vi) The child is an Indian child and there is a compelling reason
for determining that termination of parental rights would not be in
the best interest of the child, including, but not limited to:
   (I) Termination of parental rights would substantially interfere
with the child's connection to his or her tribal community or the
child's tribal membership rights.
   (II) The child's tribe has identified guardianship, long-term
foster care with a fit and willing relative, or another planned
permanent living arrangement for the child.
   If the court finds that termination of parental rights would be
detrimental to the child pursuant to clause (i), (ii), (iii), (iv),
(v), or (vi), it shall state its reasons in writing or on the record.

   (2) The court shall not terminate parental rights if:
   (A) At each hearing at which the court was required to consider
reasonable efforts or services, the court has found that reasonable
efforts were not made or that reasonable services were not offered or
provided.
   (B) In the case of an Indian child:
   (i) At the hearing terminating parental rights, the court has
found that active efforts were not made as required in Section 361.7.

   (ii) The court does not make a determination at the hearing
terminating parental rights, supported by evidence beyond a
reasonable doubt, including testimony of one or more "qualified
expert witnesses" as defined in Section 224.6, that the continued
custody of the child by the parent is likely to result in serious
emotional or physical damage to the child.
   (3) If the court finds that termination of parental rights would
not be detrimental to the child pursuant to paragraph (1) and that
the child has a probability for adoption but is difficult to place
for adoption and there is no identified or available prospective
adoptive parent, the court may identify adoption as the permanent
placement goal and without terminating parental rights, order that
efforts be made to locate an appropriate adoptive family for the
child, within the state or out of the state, within a period not to
exceed 180 days. During this 180-day period, the public agency
responsible for seeking adoptive parents for each child shall, to the
extent possible, ask each child who is 10 years of age or older, to
identify any individuals, other than the child's siblings, who are
important to the child, in order to identify potential adoptive
parents. The public agency may ask any other child to provide that
information, as appropriate. During the 180-day period, the public
agency shall, to the extent possible, contact other private and
public adoption agencies regarding the availability of the child for
adoption. During the 180-day period, the public agency shall conduct
the search for adoptive parents in the same manner as prescribed for
children in Sections 8708 and 8709 of the Family Code. At the
expiration of this period, another hearing shall be held and the
court shall proceed pursuant to paragraph (1) or (4) of subdivision
(b). For purposes of this section, a child may only be found to be
difficult to place for adoption if there is no identified or
available prospective adoptive parent for the child because of the
child's membership in a sibling group, or the presence of a diagnosed
medical, physical, or mental handicap, or the child is the age of
seven years or more.
   (4) (A) If the court finds that adoption of the child or
termination of parental rights is not in the best interest of the
child, because one of the conditions in clause (i), (ii), (iii),
(iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in
paragraph (2) applies, the court shall either order that the present
caretakers or other appropriate persons shall become legal guardians
of the child or order that the child remain in long-term foster care.
Legal guardianship shall be considered before long-term foster care,
if it is in the best interests of the child and if a suitable
guardian can be found. A child who is 10 years of age or older, shall
be asked to identify any individuals, other than the child's
siblings, who are important to the child, in order to identify
potential guardians. The agency may ask any other child to provide
that information, as appropriate.
   (B) If the child is living with a relative or a foster parent who
is willing and capable of providing a stable and permanent
environment, but not willing to become a legal guardian, the child
shall not be removed from the home if the court finds the removal
would be seriously detrimental to the emotional well-being of the
child because the child has substantial psychological ties to the
relative caretaker or foster parents.
   (C) The court shall also make an order for visitation with the
parents or guardians unless the court finds by a preponderance of the
evidence that the visitation would be detrimental to the physical or
emotional well-being of the child.
   (5) If the court finds that the child should not be placed for
adoption, that legal guardianship shall not be established, and that
there are no suitable foster parents except exclusive-use homes
available to provide the child with a stable and permanent
environment, the court may order the care, custody, and control of
the child transferred from the county welfare department to a
licensed foster family agency. The court shall consider the written
recommendation of the county welfare director regarding the
suitability of the transfer. The transfer shall be subject to further
court orders.
   The licensed foster family agency shall place the child in a
suitable licensed or exclusive-use home that has been certified by
the agency as meeting licensing standards. The licensed foster family
agency shall be responsible for supporting the child and providing
appropriate services to the child, including those services ordered
by the court. Responsibility for the support of the child shall not,
in and of itself, create liability on the part of the foster family
agency to third persons injured by the child. Those children whose
care, custody, and control are transferred to a foster family agency
shall not be eligible for foster care maintenance payments or child
welfare services, except for emergency response services pursuant to
Section 16504.
   (d) The proceeding for the appointment of a guardian for a child
who is a dependent of the juvenile court shall be in the juvenile
court. If the court finds pursuant to this section that legal
guardianship is the appropriate permanent plan, it shall appoint the
legal guardian and issue letters of guardianship. The assessment
prepared pursuant to subdivision (g) of Section 361.5, subdivision
(i) of Section 366.21, and subdivision (b) of Section 366.22 shall be
read and considered by the court prior to the appointment, and this
shall be reflected in the minutes of the court.  The person preparing
the assessment may be called and examined by any party to the
proceeding.
   (e) The proceeding for the adoption of a child who is a dependent
of the juvenile court shall be in the juvenile court if the court
finds pursuant to this section that adoption is the appropriate
permanent plan and the petition for adoption is filed in the juvenile
court. Upon the filing of a petition for adoption, the juvenile
court shall order that an adoption hearing be set. The court shall
proceed with the adoption after the appellate rights of the natural
parents have been exhausted. The full report required by Section 8715
of the Family Code shall be read and considered by the court prior
to the adoption and this shall be reflected in the minutes of the
court. The person preparing the report may be called and examined by
any party to the proceeding. It is the intent of the Legislature,
pursuant to this subdivision, to give potential adoptive parents the
option of filing in the juvenile court the petition for the adoption
of a child who is a dependent of the juvenile court. Nothing in this
section is intended to prevent the filing of a petition for adoption
in any other court as permitted by law, instead of in the juvenile
court.
   (f) At the beginning of any proceeding pursuant to this section,
if the child or the parents are not being represented by previously
retained or appointed counsel, the court shall proceed as follows:
   (1) In accordance with subdivision (c) of Section 317, if a child
before the court is without counsel, the court shall appoint counsel
unless the court finds that the child would not benefit from the
appointment of counsel. The court shall state on the record its
reasons for that finding.
   (2) If a parent appears without counsel and is unable to afford
counsel, the court shall appoint counsel for the parent, unless this
representation is knowingly and intelligently waived. The same
counsel shall not be appointed to represent both the child and his or
her parent.  The public defender or private counsel may be appointed
as counsel for the parent.
   (3) Private counsel appointed under this section shall receive a
reasonable sum for compensation and expenses, the amount of which
shall be determined by the court. The amount shall be paid by the
real parties in interest, other than the child, in any proportions
the court deems just.  However, if the court finds that any of the
real parties in interest are unable to afford counsel, the amount
shall be paid out of the general fund of the county.
   (g) The court may continue the proceeding for a period of time not
to exceed 30 days as necessary to appoint counsel, and to enable
counsel to become acquainted with the case.
   (h) (1) At all proceedings under this section, the court shall
consider the wishes of the child and shall act in the best interests
of the child.
   (2) In accordance with Section 349, the child shall be present in
court if the child or the child's counsel so requests or the court so
orders. If the child is 10 years of age or older and is not present
at a hearing held pursuant to this section, the court shall determine
whether the minor was properly notified of his or her right to
attend the hearing and inquire as to the reason why the child is not
present.
   (3) (A) The testimony of the child may be taken in chambers and
outside the presence of the child's parent or parents, if the child's
parent or parents are represented by counsel, the counsel is
present, and any of the following circumstances exists:
   (i) The court determines that testimony in chambers is necessary
to ensure truthful testimony.
   (ii) The child is likely to be intimidated by a formal courtroom
setting.
   (iii) The child is afraid to testify in front of his or her parent
or parents.
   (B) After testimony in chambers, the parent or parents of the
child may elect to have the court reporter read back the testimony or
have the testimony summarized by counsel for the parent or parents.

   (C) The testimony of a child also may be taken in chambers and
outside the presence of the guardian or guardians of a child under
the circumstances specified in this subdivision.
   (i) (1) Any order of the court permanently terminating parental
rights under this section shall be conclusive and binding upon the
child, upon the parent or parents and upon all other persons who have
been served with citation by publication or otherwise as provided in
this chapter.  After making the order, the juvenile court shall have
no power to set aside, change, or modify it, except as provided in
paragraph (2), but nothing in this section shall be construed to
limit the right to appeal the order.
   (2) A child who has not been adopted after the passage of at least
three years from the date the court terminated parental rights and
for whom the court has determined that adoption is no longer the
permanent plan may petition the juvenile court to reinstate parental
rights pursuant to the procedure prescribed by Section 388. The child
may file the petition prior to the expiration of this three-year
period if the State Department of Social Services or licensed
adoption agency that is responsible for custody and supervision of
the child as described in subdivision (j) and the child stipulate
that the child is no longer likely to be adopted. A child over 12
years of age shall sign the petition in the absence of a showing of
good cause as to why the child could not do so. If it appears that
the best interests of the child may be promoted by reinstatement of
parental rights, the court shall order that a hearing be held and
shall give prior notice, or cause prior notice to be given, to the
social worker or probation officer and to the child's attorney of
record, or, if there is no attorney of record for the child, to the
child, and the child's tribe, if applicable, by means prescribed by
subdivision (c) of Section 297. The court shall order the child or
the social worker or probation officer to give prior notice of the
hearing to the child's former parent or parents whose parental rights
were terminated in the manner prescribed by subdivision (f) of
Section 294 where the recommendation is adoption. The juvenile court
shall grant the petition if it finds by clear and convincing evidence
that the child is no longer likely to be adopted and that
reinstatement of parental rights is in the child's best interest. If
the court reinstates parental rights over a child who is under 12
years of age and for whom the new permanent plan will not be
reunification with a parent or legal guardian, the court shall
specify the factual basis for its findings that it is in the best
interest of the child to reinstate parental rights. This subdivision
is intended to be retroactive and applies to any child who is under
the jurisdiction of the juvenile court at the time of the hearing
regardless of the date parental rights were terminated.
   (j) If the court, by order or judgment, declares the child free
from the custody and control of both parents, or one parent if the
other does not have custody and control, the court shall at the same
time order the child referred to the State Department of Social
Services or a licensed adoption agency for adoptive placement by the
agency. However, a petition for adoption may not be granted until the
appellate rights of the natural parents have been exhausted. The
State Department of Social Services or licensed adoption agency shall
be responsible for the custody and supervision of the child and
shall be entitled to the exclusive care and control of the child at
all times until a petition for adoption is granted, except as
specified in subdivision (n). With the consent of the agency, the
court may appoint a guardian of the child, who shall serve until the
child is adopted.
   (k) Notwithstanding any other provision of law, the application of
any person who, as a relative caretaker or foster parent, has cared
for a dependent child for whom the court has approved a permanent
plan for adoption, or who has been freed for adoption, shall be given
preference with respect to that child over all other applications
for adoptive placement if the agency making the placement determines
that the child has substantial emotional ties to the relative
caretaker or foster parent and removal from the relative caretaker or
foster parent would be seriously detrimental to the child's
emotional well-being.
   As used in this subdivision, "preference" means that the
application shall be processed and, if satisfactory, the family study
shall be completed before the processing of the application of any
other person for the adoptive placement of the child.
   (l) (1) An order by the court that a hearing pursuant to this
section be held is not appealable at any time unless all of the
following apply:
   (A) A petition for extraordinary writ review was filed in a timely
manner.
   (B) The petition substantively addressed the specific issues to be
challenged and supported that challenge by an adequate record.
   (C) The petition for extraordinary writ review was summarily
denied or otherwise not decided on the merits.
   (2) Failure to file a petition for extraordinary writ review
within the period specified by rule, to substantively address the
specific issues challenged, or to support that challenge by an
adequate record shall preclude subsequent review by appeal of the
findings and orders made pursuant to this section.
   (3) The Judicial Council shall adopt rules of court, effective
January 1, 1995, to ensure all of the following:
   (A) A trial court, after issuance of an order directing a hearing
pursuant to this section be held, shall advise all parties of the
requirement of filing a petition for extraordinary writ review as set
forth in this subdivision in order to preserve any right to appeal
in these issues. This notice shall be made orally to a party if the
party is present at the time of the making of the order or by
first-class mail by the clerk of the court to the last known address
of a party not present at the time of the making of the order.
   (B) The prompt transmittal of the records from the trial court to
the appellate court.
   (C) That adequate time requirements for counsel and court
personnel exist to implement the objective of this subdivision.
   (D) That the parent or guardian, or their trial counsel or other
counsel, is charged with the responsibility of filing a petition for
extraordinary writ relief pursuant to this subdivision.
   (4) The intent of this subdivision is to do both of the following:

   (A) Make every reasonable attempt to achieve a substantive and
meritorious review by the appellate court within the time specified
in Sections 366.21 and 366.22 for holding a hearing pursuant to this
section.
   (B) Encourage the appellate court to determine all writ petitions
filed pursuant to this subdivision on their merits.
   (5) This subdivision shall only apply to cases in which an order
to set a hearing pursuant to this section is issued on or after
January 1, 1995.
   (m) Except for subdivision (j), this section shall also apply to
minors adjudged wards pursuant to Section 727.31.
   (n) (1) Notwithstanding Section 8704 of the Family Code or any
other provision of law, the court, at a hearing held pursuant to this
section or anytime thereafter, may designate a current caretaker as
a prospective adoptive parent if the child has lived with the
caretaker for at least six months, the caretaker currently expresses
a commitment to adopt the child, and the caretaker has taken at least
one step to facilitate the adoption process. In determining whether
to make that designation, the court may take into consideration
whether the caretaker is listed in the preliminary assessment
prepared by the county department in accordance with subdivision (i)
of Section 366.21 as an appropriate person to be considered as an
adoptive parent for the child and the recommendation of the State
Department of Social Services or licensed adoption agency.
   (2) For purposes of this subdivision, steps to facilitate the
adoption process include, but are not limited to, the following:
   (A) Applying for an adoption home study.
   (B) Cooperating with an adoption home study.
   (C) Being designated by the court or the licensed adoption agency
as the adoptive family.
   (D) Requesting de facto parent status.
   (E) Signing an adoptive placement agreement.
   (F) Engaging in discussions regarding a postadoption contact
agreement.
   (G) Working to overcome any impediments that have been identified
by the State Department of Social Services and the licensed adoption
agency.
   (H) Attending classes required of prospective adoptive parents.
   (3) Prior to a change in placement and as soon as possible after a
decision is made to remove a child from the home of a designated
prospective adoptive parent, the agency shall notify the court, the
designated prospective adoptive parent or the current caretaker, if
that caretaker would have met the threshold criteria to be designated
as a prospective adoptive parent pursuant to paragraph (1) on the
date of service of this notice, the child's attorney, and the child,
if the child is 10 years of age or older, of the proposal in the
manner described in Section 16010.6.


                    (A) Within five court days or seven calendar
days, whichever is longer, of the date of notification, the child,
the child's attorney, or the designated prospective adoptive parent
may file a petition with the court objecting to the proposal to
remove the child, or the court, upon its own motion, may set a
hearing regarding the proposal. The court may, for good cause, extend
the filing period. A caretaker who would have met the threshold
criteria to be designated as a prospective adoptive parent pursuant
to paragraph (1) on the date of service of the notice of proposed
removal of the child may file, together with the petition under this
subparagraph, a petition for an order designating the caretaker as a
prospective adoptive parent for purposes of this subdivision.
   (B) A hearing ordered pursuant to this paragraph shall be held as
soon as possible and not later than five court days after the
petition is filed with the court or the court sets a hearing upon its
own motion, unless the court for good cause is unable to set the
matter for hearing five court days after the petition is filed, in
which case the court shall set the matter for hearing as soon as
possible. At the hearing, the court shall determine whether the
caretaker has met the threshold criteria to be designated as a
prospective adoptive parent pursuant to paragraph (1), and whether
the proposed removal of the child from the home of the designated
prospective adoptive parent is in the child's best interest, and the
child may not be removed from the home of the designated prospective
adoptive parent unless the court finds that removal is in the child's
best interest. If the court determines that the caretaker did not
meet the threshold criteria to be designated as a prospective
adoptive parent on the date of service of the notice of proposed
removal of the child, the petition objecting to the proposed removal
filed by the caretaker shall be dismissed. If the caretaker was
designated as a prospective adoptive parent prior to this hearing,
the court shall inquire into any progress made by the caretaker
towards the adoption of the child since the caretaker was designated
as a prospective adoptive parent.
   (C) A determination by the court that the caretaker is a
designated prospective adoptive parent pursuant to paragraph (1) or
subparagraph (B) does not make the caretaker a party to the
dependency proceeding nor does it confer on the caretaker any
standing to object to any other action of the department or licensed
adoption agency, unless the caretaker has been declared a de facto
parent by the court prior to the notice of removal served pursuant to
paragraph (3).
   (D) If a petition objecting to the proposal to remove the child is
not filed, and the court, upon its own motion, does not set a
hearing, the child may be removed from the home of the designated
prospective adoptive parent without a hearing.
   (4) Notwithstanding paragraph (3), if the State Department of
Social Services or a licensed adoption agency determines that the
child must be removed from the home of the caretaker who is or may be
a designated prospective adoptive parent immediately, due to a risk
of physical or emotional harm, the agency may remove the child from
that home and is not required to provide notice prior to the removal.
However, as soon as possible and not longer than two court days
after the removal, the agency shall notify the court, the caretaker
who is or may be a designated prospective adoptive parent, the child'
s attorney, and the child, if the child is 10 years of age or older,
of the removal. Within five court days or seven calendar days,
whichever is longer, of the date of notification of the removal, the
child, the child's attorney, or the caretaker who is or may be a
designated prospective adoptive parent may petition for, or the court
on its own motion may set, a noticed hearing pursuant to paragraph
(3). The court may, for good cause, extend the filing period.
   (5) Except as provided in subdivision (b) of Section 366.28, an
order by the court issued after a hearing pursuant to this
subdivision shall not be appealable.
   (6) Nothing in this section shall preclude a county child
protective services agency from fully investigating and responding to
alleged abuse or neglect of a child pursuant to Section 11165.5 of
the Penal Code.
   (7) The Judicial Council shall prepare forms to facilitate the
filing of the petitions described in this subdivision, which shall
become effective on January 1, 2006.
   (o) The implementation and operation of the amendments to
paragraph (3) of subdivision (c) and subparagraph (A) of paragraph
(4) of subdivision (c) 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.



366.27.  (a) If a court, pursuant to paragraph (3) of subdivision
(g) of Section 366.21, Section 366.22, or Section 366.26, orders the
placement of a minor in a planned permanent living arrangement with a
relative, the court may authorize the relative to provide the same
legal consent for the minor's medical, surgical, and dental care as
the custodial parent of the minor.
   (b) If a court orders the placement of a minor in a planned
permanent living arrangement with a foster parent, relative
caretaker, or nonrelative extended family member as defined in
Section 362.7, the court may limit the right of the minor's parent or
guardian to make educational decisions on the minor's behalf, so
that the foster parent, relative caretaker, or nonrelative extended
family member may exercise the educational consent duties pursuant to
Section 56055 of the Education Code.
   (c) If a court orders the placement of a minor in a planned
permanent living arrangement, for purposes of this section, a foster
parent shall include a person, relative caretaker, or a nonrelative
extended family member as defined in Section 362.7, who has been
licensed or approved by the county welfare department, county
probation department, or the State Department of Social Services, or
has been  designated by the court as a specified placement.



366.28.  (a) The Legislature finds and declares that delays caused
by appeals from court orders designating the specific placement of a
dependent child after parental rights have been terminated may cause
a substantial detriment to the child.  The Legislature recognizes
that the juvenile court intervenes in placement decisions after
parental rights have been terminated only in exceptional
circumstances, and this section is not intended to place additional
authority or responsibility on the juvenile court.
   (b) (1) After parental rights have been terminated pursuant to
Section 366.26, an order by the court that a dependent child is to
reside in, be retained in, or be removed from a specific placement,
is not appealable at any time unless all of the following apply:
   (A) A petition for extraordinary writ review was filed in a timely
manner.
   (B) The petition substantively addressed the specific issues to be
challenged and supported that challenge by an adequate record.
   (C) The petition was summarily denied or otherwise not decided on
the merits.
   (2) Failure to file a petition for extraordinary writ review
within the period specified by rule of court, to substantively
address the specific placement order that is challenged, or to
support that challenge by an adequate record shall preclude
subsequent review by appeal of the findings and orders made pursuant
to this section.
   (c) This section does not affect the right of a parent, a legal
guardian, or the child to appeal any order that is otherwise
appealable and that is issued at a hearing held pursuant to Section
366.26.
   (d) The Judicial Council shall adopt a rule of court on or before
January 1, 2005, to implement this section.  This section shall
become operative after the rule of court is adopted.



366.29.  (a) When a court, pursuant to Section 366.26, orders that a
dependent child be placed for adoption, nothing in the adoption laws
of this state shall be construed to prevent the prospective adoptive
parent or parents of the child from expressing a willingness to
facilitate postadoptive sibling contact.  With the consent of the
adoptive parent or parents, the court may include in the final
adoption order provisions for the adoptive parent or parents to
facilitate postadoptive sibling contact.  In no event shall the
continuing validity of the adoption be contingent upon the
postadoptive contact, nor shall the ability of the adoptive parent or
parents and the child to change residence within or outside the
state be impaired by the order for contact.
   (b) If, following entry of an order for sibling contact pursuant
to subdivision (a), it is determined by the adoptive parent or
parents that sibling contact poses a threat to the health, safety, or
well-being of the adopted child, the adoptive parent or parents may
terminate the sibling contact, provided that the adoptive parent or
parents shall submit written notification to the court within 10 days
after terminating the contact, which notification shall specify to
the court the reasons why the health, safety, or well-being of the
adopted child would be threatened by continued sibling contact.
   (c) Upon the granting of the adoption petition and the issuing of
the order of adoption of a child who is a dependent of the juvenile
court, the jurisdiction of the juvenile court with respect to the
dependency proceedings of that child shall be terminated.
Nonetheless, the court granting the petition of adoption shall
maintain jurisdiction over the child for enforcement of the
postadoption contact agreement.  The court may only order compliance
with the postadoption contact agreement upon a finding of both of the
following:
   (1) The party seeking the enforcement participated, in good faith,
in mediation or other appropriate alternative dispute resolution
proceedings regarding the conflict, prior to the filing of the
enforcement action.
   (2) The enforcement is in the best interest of the child.



366.3.  (a) If a juvenile court orders a permanent plan of adoption
or legal guardianship pursuant to Section 360 or 366.26, the court
shall retain jurisdiction over the child until the child is adopted
or the legal guardianship is established, except as provided for in
Section 366.29. The status of the child shall be reviewed every six
months to ensure that the adoption or legal guardianship is completed
as expeditiously as possible. When the adoption of the child has
been granted, the court shall terminate its jurisdiction over the
child.  Following establishment of a legal guardianship, the court
may continue jurisdiction over the child as a dependent child of the
juvenile court or may terminate its dependency jurisdiction and
retain jurisdiction over the child as a ward of the legal
guardianship, as authorized by Section 366.4.  If, however, a
relative of the child is appointed the legal guardian of the child
and the child has been placed with the relative for at least 12
months, the court shall, except if the relative guardian objects, or
upon a finding of exceptional circumstances, terminate its dependency
jurisdiction and retain jurisdiction over the child as a ward of the
guardianship, as authorized by Section 366.4. Following a
termination of parental rights, the parent or parents shall not be a
party to, or receive notice of, any subsequent proceedings regarding
the child.
   (b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact. The court may vacate its previous order dismissing
dependency jurisdiction over the child.
   Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a legal guardianship that has been granted pursuant to
Section 360 or 366.26 shall be held in the juvenile court, unless the
termination is due to the emancipation or adoption of the child.
Prior to the hearing on a petition to terminate legal guardianship
pursuant to this subdivision, the court shall order the county
department of social services or welfare department to prepare a
report, for the court's consideration, that shall include an
evaluation of whether the child could safely remain in, or be
returned to, the legal guardian's home, without terminating the legal
guardianship, if services were provided to the child or legal
guardian. If applicable, the report shall also identify recommended
family maintenance or reunification services to maintain the legal
guardianship and set forth a plan for providing those services. If
the petition to terminate legal guardianship is granted, the juvenile
court may resume dependency jurisdiction over the child, and may
order the county department of social services or welfare department
to develop a new permanent plan, which shall be presented to the
court within 60 days of the termination. If no dependency
jurisdiction has attached, the social worker shall make any
investigation he or she deems necessary to determine whether the
child may be within the jurisdiction of the juvenile court, as
provided in Section 328.
   Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the legal guardianship
has been revoked or terminated and shall be entitled to participate
in the new permanency planning hearing. The court shall try to place
the child in another permanent placement. At the hearing, the parents
may be considered as custodians but the child shall not be returned
to the parent or parents unless they prove, by a preponderance of the
evidence, that reunification is the best alternative for the child.
The court may, if it is in the best interests of the child, order
that reunification services again be provided to the parent or
parents.
   (c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption may be an appropriate plan for the child, the
department shall so notify the court. The court may vacate its
previous order dismissing dependency jurisdiction over the child and
order that a hearing be held pursuant to Section 366.26 to determine
whether adoption or continued legal guardianship is the most
appropriate plan for the child.  The hearing shall be held no later
than 120 days from the date of the order. If the court orders that a
hearing shall be held pursuant to Section 366.26, the court shall
direct the agency supervising the child and the licensed county
adoption agency, or the State Department of Social Services if it is
acting as an adoption agency in counties that are not served by a
county adoption agency, to prepare an assessment under subdivision
(b) of Section 366.22.
   (d) If the child is in a placement other than the home of a legal
guardian and jurisdiction has not been dismissed, the status of the
child shall be reviewed at least every six months. The review of the
status of a child for whom the court has ordered parental rights
terminated and who has been ordered placed for adoption shall be
conducted by the court. The review of the status of a child for whom
the court has not ordered parental rights terminated and who has not
been ordered placed for adoption may be conducted by the court or an
appropriate local agency. The court shall conduct the review under
the following circumstances:
   (1) Upon the request of the child's parents or legal guardians.
   (2) Upon the request of the child.
   (3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the child remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.26, or subdivision (g).
   (4) It has been 12 months since a review was conducted by the
court.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   (e) Except as provided in subdivision (f), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
   (1) The continuing necessity for, and appropriateness of, the
placement.
   (2) Identification of individuals other than the child's siblings
who are important to a child who is 10 years of age or older and has
been in out-of-home placement for six months or longer, and actions
necessary to maintain the child's relationship with those
individuals, provided that those relationships are in the best
interest of the child. The social worker shall ask every child who is
10 years of age or older and who has been in out-of-home placement
for six months or longer to identify individuals other than the child'
s siblings who are important to the child, and may ask any other
child to provide that information, as appropriate. The social worker
shall make efforts to identify other individuals who are important to
the child, consistent with the child's best interests.
   (3) The continuing appropriateness and extent of compliance with
the permanent plan for the child, including efforts to maintain
relationships between a child who is 10 years of age or older and who
has been in out-of-home placement for six months or longer and
individuals who are important to the child and efforts to identify a
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.
   (4) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts to return the child
to a safe home and to complete whatever steps are necessary to
finalize the permanent placement of the child.
   (5) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions for the child. That
limitation shall be specifically addressed in the court order and may
not exceed what is necessary to protect the child. If the court
specifically limits the right of the parent or guardian to make
educational decisions for the child, the court shall at the same time
appoint a responsible adult to make educational decisions for the
child pursuant to Section 361.
   (6) The adequacy of services provided to the child. The court
shall consider the progress in providing the information and
documents to the child, as described in Section 391. The court shall
also consider the need for, and progress in providing, the assistance
and services described in paragraphs (3) and (4) of subdivision (b)
of Section 391.
   (7) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.
   (8) The likely date by which the child may be returned to, and
safely maintained in, the home, placed for adoption, legal
guardianship, or in another planned permanent living arrangement.
   (9) Whether the child has any siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (A) The nature of the relationship between the child and his or
her siblings.
   (B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
   (D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   The factors the court may consider as indicators of the nature of
the child's sibling relationships include, but are not limited to,
whether the siblings were raised together in the same home, whether
the siblings have shared significant common experiences or have
existing close and strong bonds, whether either sibling expresses a
desire to visit or live with his or her sibling, as applicable, and
whether ongoing contact is in the child's best emotional interests.
   (10) For a child who is 16 years of age or older, the services
needed to assist the child to make the transition from foster care to
independent living.
   The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
   Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
   Unless their parental rights have been permanently terminated, the
parent or parents of the child are entitled to receive notice of,
and participate in, those hearings. It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child. In those cases, the court may order that further reunification
services to return the child to a safe home environment be provided
to the parent or parents for a period not to exceed six months.
   (f) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, the
county welfare department shall prepare and present to the court a
report describing the following:
   (1) The child's present placement.
   (2) The child's current physical, mental, emotional, and
educational status.
   (3) If the child has not been placed with a prospective adoptive
parent or guardian, identification of individuals, other than the
child's siblings, who are important to the child and actions
necessary to maintain the child's relationship with those
individuals, provided that those relationships are in the best
interest of the child. The agency shall ask every child who is 10
years of age or older to identify any individuals who are important
to him or her, consistent with the child's best interest, and may ask
any child who is younger than 10 years of age to provide that
information as appropriate. The agency shall make efforts to identify
other individuals who are important to the child.
   (4) Whether the child has been placed with a prospective adoptive
parent or parents.
   (5) Whether an adoptive placement agreement has been signed and
filed.
   (6) If the child has not been placed with a prospective adoptive
parent or parents, the efforts made to identify an appropriate
prospective adoptive parent or legal guardian, including, but not
limited to, child-specific recruitment efforts and listing on an
adoption exchange.
   (7) Whether the final adoption order should include provisions for
postadoptive sibling contact pursuant to Section 366.29.
   (8) The progress of the search for an adoptive placement if one
has not been identified.
   (9) Any impediments to the adoption or the adoptive placement.
   (10) The anticipated date by which the child will be adopted or
placed in an adoptive home.
   (11) The anticipated date by which an adoptive placement agreement
will be signed.
   (12) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
   (g) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or appointed
a legal guardian, or, if compelling reasons exist for finding that
none of the foregoing options are in the best interest of the child,
whether the child should be placed in another planned permanent
living arrangement. The court shall order that a hearing be held
pursuant to Section 366.26, unless it determines by clear and
convincing evidence that there is a compelling reason for determining
that a hearing held pursuant to Section 366.26 is not in the best
interest of the child because the child is being returned to the home
of the parent, the child is not a proper subject for adoption, or no
one is willing to accept legal guardianship. If the licensed county
adoption agency, or the department when it is acting as an adoption
agency in counties that are not served by a county adoption agency,
has determined it is unlikely that the child will be adopted or one
of the conditions described in paragraph (1) of subdivision (c) of
Section 366.26 applies, that fact shall constitute a compelling
reason for purposes of this subdivision. Only upon that determination
may the court order that the child remain in foster care, without
holding a hearing pursuant to Section 366.26.
   (h) If, as authorized by subdivision (g), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or
the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22. A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption, legal
guardianship, or long-term foster care is the most appropriate plan
for the child.
   (i) The implementation and operation of the amendments to
subdivision (e) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.
   (j) The reviews conducted pursuant to subdivision (a) or (d) may
be conducted earlier than every six months if the court determines
that an earlier review is in the best interests of the child or as
court rules prescribe.



366.35.  (a) The implementation and operation of the amendments to
subparagraph (B) of paragraph (1) of subdivision (a) of Section 366,
subdivision (g) of Section 366.1, subdivisions (c) and (g) of Section
366.21, subdivision (a) of Section 366.22, paragraph (3) of, and
subparagraph (A) of paragraph (4) of, subdivision (c) of Section
366.26, paragraphs (2) and (3) of subdivision (e) of Section 366.3,
and subdivision (i) of Section 16501.1 enacted at the 2005-06 Regular
Session shall be phased in, consistent with the child's best
interests, as follows:
   (1) The first phase of expansion shall apply to a child who is 10
years of age or older and placed with a nonrelative for six months or
longer.
   (2) The second phase of expansion shall apply to a child who is 10
years of age or older and placed with a nonrelative or in permanent
placement relative care for six months or longer.
   (3) The final phase of expansion shall apply to a child who is 10
years of age or older and who has been in out-of-home placement for
six months or longer.
   (b) All phases of subdivision (a) shall be subject to
appropriation through the budget process. Those appropriations shall
apply only to the state's share of costs. Counties shall remain
responsible for their nonfederal share of costs.



366.4.  (a) Any minor for whom a guardianship has been established
resulting from the selection or implementation of a permanency plan
pursuant to Section 366.26 is within the jurisdiction of the juvenile
court.  For those minors, Part 2 (commencing with Section 1500) of
Division 4 of the Probate Code, relating to guardianship, shall not
apply.  If no specific provision of this code or the California Rules
of Court is applicable, the provisions applicable to the
administration of estates under Part 4 (commencing with Section 2100)
of Division 4 of the Probate Code govern so far as they are
applicable to like situations.
   (b) Nonrelated legal guardians of the person of a minor
established as a result of a permanency plan selected pursuant to
Section 366.26 shall be exempt from the provisions of Sections 2850
and 2851 of the Probate Code.



366.5.  The dependency jurisdiction shall be suspended for a child
whom the juvenile court declares to be a dual status child based on
the joint assessment and recommendation of the county probation
department and the child welfare services department pursuant to
subparagraph (A) of paragraph (5) of subdivision (e) of Section
241.1.  The suspension shall be in effect while the child is a ward
of the court.  If the jurisdiction established pursuant to Section
601 or 602 is terminated without the need for continued dependency
proceedings concerning the child, the juvenile court shall terminate
the child's dual status.  If the termination of the Section 601 or
602 jurisdiction is likely and reunification of the child with his or
her parent or guardian would be detrimental to the child, the county
probation department and child welfare services department shall
jointly assess and produce a recommendation regarding whether the
court's dependency jurisdiction shall be resumed.



367.  (a) Whenever a person has been adjudged a dependent child of
the juvenile court and has been committed or otherwise disposed of as
provided in this chapter for the care of dependent children of the
juvenile court, the court may order that the dependent child be
detained in a suitable place designated as the court deems fit until
the execution of the order of commitment or of other disposition.
   (b) In any case in which a child is detained for more than 15 days
pending the execution of the order of commitment or of any other
disposition, the court shall periodically review the case to
determine whether the delay is reasonable.  These periodic reviews
shall be held at least every 15 days, commencing from the time the
child was initially detained pending the execution of the order of
commitment or of any other disposition, and during the course of each
review the court shall inquire regarding the action taken by the
social worker to carry out its order, the reasons for the delay, and
the effect of the delay upon the child.



368.  In a case where the residence of a dependent child of the
juvenile court is out of the state and in another state or foreign
country, or in a case where that child is a resident of this state
but his or her parents, relatives, guardian, or person charged with
his or her custody is in another state, the court may order that
child sent to his or her parents, relatives, or guardian, or to the
person charged with his or her custody, or, if the child is a
resident of a foreign country, to an official of a juvenile court of
that foreign country or an agency of a country authorized to accept
the  child, and in that case may order transportation and
accommodation furnished, with or without an attendant, as the court
deems necessary.  If the court deems an attendant necessary, the
court may order the social worker or other suitable person to serve
as  the attendant.  The social worker shall authorize the necessary
expenses of the child and of the attendant and claims therefor shall
be audited, allowed and paid in the same manner as other county
claims.



369.  (a) Whenever any person is taken into temporary custody under
Article 7 (commencing with Section 305) and is in need of medical,
surgical, dental, or other remedial care, the social worker may, upon
the recommendation of the attending physician and surgeon or, if the
person needs dental care and there is an attending dentist, the
attending dentist, authorize the performance of the medical,
surgical, dental, or other remedial care.  The social worker shall
notify the parent, guardian, or person standing in loco parentis of
the person, if any, of the care found to be needed before that care
is provided, and if the parent, guardian, or person standing in loco
parentis objects, that care shall be given only upon order of the
court in the exercise of its discretion.
   (b) Whenever it appears to the juvenile court that any person
concerning whom a petition has been filed with the court is in need
of medical, surgical, dental, or other remedial care, and that there
is no parent, guardian, or person standing in loco parentis capable
of authorizing or willing to authorize the remedial care or treatment
for that person, the court, upon the written recommendation of a
licensed physician and surgeon or, if the person needs dental care, a
licensed dentist, and after due notice to the parent, guardian, or
person standing in loco parentis, if any, may make an order
authorizing the performance of the necessary medical, surgical,
dental, or other remedial care for that person.
   (c) Whenever a dependent child of the juvenile court is placed by
order of the court within the care and custody or under the
supervision of a social worker of the county in which the dependent
child resides and it appears to the court that there is no parent,
guardian, or person standing in loco parentis capable of authorizing
or willing to authorize medical, surgical, dental, or other remedial
care or treatment for the dependent child, the court may, after due
notice to the parent, guardian, or person standing in loco parentis,
if any, order that the social worker may authorize the medical,
surgical, dental, or other remedial care for the dependent child, by
licensed practitioners, as may from time to time appear necessary.
   (d) Whenever it appears that a child otherwise within subdivision
(a), (b), or (c) requires immediate emergency medical, surgical, or
other remedial care in an emergency situation, that care may be
provided by a licensed physician and surgeon or, if the child needs
dental care in an emergency situation, by a licensed dentist, without
a court order and upon authorization of a social worker.  The social
worker shall make reasonable efforts to obtain the consent of, or to
notify, the parent, guardian, or person standing in loco parentis
prior to authorizing emergency medical, surgical, dental, or other
remedial care.  "Emergency situation," for the purposes of this
subdivision means a child requires immediate treatment for the
alleviation of severe pain or an immediate diagnosis and treatment of
an unforeseeable medical, surgical, dental, or other remedial
condition or contagious disease which if not immediately diagnosed
and treated, would lead to serious disability or death.
   (e) In any case in which the court orders the performance of any
medical, surgical, dental, or other remedial care pursuant to this
section, the court may also make an order authorizing the release of
information concerning that care to social workers, parole officers,
or any other qualified individuals or agencies caring for or acting
in the interest and welfare of the child under order, commitment, or
approval of the court.
   (f) Nothing in this section shall be construed as limiting the
right of a parent, guardian, or person standing in loco parentis, who
has not been deprived of the custody or control of the child by
order of the court, in providing any medical, surgical, dental, or
other remedial treatment recognized or permitted under the laws of
this state.
   (g) The parent of any person described in this section may
authorize the performance of medical, surgical, dental, or other
remedial care provided for in this section notwithstanding his or her
age or marital status.  In nonemergency situations the parent
authorizing the care shall notify the other parent prior to the
administration of that care.



369.5.  (a) If a child is adjudged a dependent child of the court
under Section 300 and the child has been removed from the physical
custody of the parent under Section 361, only a juvenile court
judicial officer shall have authority to make orders regarding the
administration of psychotropic medications for that child.  The
juvenile court may issue a specific order delegating this authority
to a parent upon making findings on the record that the parent poses
no danger to the child and has the capacity to authorize psychotropic
medications.  Court authorization for the administration of
psychotropic medication shall be based on a request from a physician,
indicating the reasons for the request, a description of the child's
diagnosis and behavior, the expected results of the medication, and
a description of any side effects of the medication.  On or before
July 1, 2000, the Judicial Council shall adopt rules of court and
develop appropriate forms for implementation of this section.
   (b) (1) In counties in which the county child welfare agency
completes the request for authorization for the administration of
psychotropic medication, the agency is encouraged to complete the
request within three business days of receipt from the physician of
the information necessary to fully complete the request.
   (2) Nothing in this subdivision is intended to change current
local practice or local court rules with respect to the  preparation
and submission of requests for authorization for the administration
of psychotropic medication.
   (c) Within seven court days from receipt by the court of a
completed request, the juvenile court judicial officer shall either
approve or deny in writing a request for authorization for the
administration of psychotropic medication to the child, or shall,
upon a request by the parent, the legal guardian, or the child's
attorney, or upon its own motion, set the matter for hearing.
   (d) Psychotropic medication or psychotropic drugs are those
medications administered for the purpose of affecting the central
nervous system to treat psychiatric disorders or illnesses.  These
medications include, but are not limited to, anxiolytic agents,
antidepressants, mood stabilizers, antipsychotic medications,
anti-Parkinson agents, hypnotics, medications for dementia, and
psychostimulants.
   (e) Nothing in this section is intended to supersede local court
rules regarding a minor's right to participate in mental health
decisions.



370.  The juvenile court may, in any case before it in which a
petition has been filed as provided in Article 7 (commencing with
Section 305), order that the social worker obtain the services of
those psychiatrists, psychologists, or other clinical experts as may
be required to assist in determining the appropriate treatment of the
child and as may be required in the conduct or implementation of
that treatment.  Payment for those services shall be a charge against
the county.