2009 California Welfare and Institutions Code - Section 16500-16521.5 :: Chapter 5. State Child Welfare Services

16500.  The state, through the department and county welfare
departments, shall establish and support a public system of statewide
child welfare services to be developed as rapidly as possible and to
be available in each county of the state. All counties shall
establish and maintain specialized organizational entities within the
county welfare department which shall have sole responsibility for
the operation of the child welfare services program.
   The Legislature hereby declares its intent, in providing for this
statewide system of child welfare services, that all children are
entitled to be safe and free from abuse and neglect.

16500.1.  (a) It is the intent of the Legislature to use the
strengths of families and communities to serve the needs of children
who are alleged to be abused or neglected, as described in Section
300, to reduce the necessity for removing these children from their
home, to encourage speedy reunification of families when it can be
safely accomplished, to locate permanent homes and families for
children who cannot return to their biological families, to reduce
the number of placements experienced by these children, to ensure
that children leaving the foster care system have support within
their communities, to improve the quality and homelike nature of
out-of-home care, and to foster the educational progress of children
in out-of-home care.
   (b) In order to achieve the goals specified in subdivision (a),
the state shall encourage the development of approaches to child
protection that do all of the following:
   (1) Allow children to remain in their own schools, in close
proximity to their families.
   (2) Increase the number and quality of foster families available
to serve these children.
   (3) Use a team approach to foster care that permits the biological
and foster family and the child to be part of that team.
   (4) Use team decisionmaking in case planning.
   (5) Provide support to foster children and foster families.
   (6) Ensure that licensing requirements do not create barriers to
recruitment of qualified, high-quality foster homes.
   (7) Provide training for foster parents and professional staff on
working effectively with families and communities.
   (8) Encourage foster parents to serve as mentors and role models
for biological parents.
   (9) Use community resources, including community-based agencies
and volunteer organizations, to assist in developing placements for
children and to provide support for children and their families.
   (10) Ensure an appropriate array of placement resources for
children in need of out-of-home care.
   (11) Ensure that no child leaves foster care without a lifelong
connection to a committed adult.
   (12) Ensure that children are actively involved in the case plan
and permanency planning process.
   (c) (1) Each county shall provide the department with a disaster
response plan describing how county programs assisted under Part B
(commencing with Section 620) and Part E (commencing with Section
670) of Subchapter IV of Chapter 7 of Title 42 of the United States
Code (Titles IV-B and IV-E of the Social Security Act) would respond
to a disaster. The plan shall set forth procedures describing how
each county will perform the following services:
   (A) Identify, locate, and continue availability of services for
children under state care or supervision who are displaced or
adversely affected by a disaster.
   (B) Respond, as appropriate, to new child welfare cases in areas
adversely affected by a disaster, and provide services in those
cases.
   (C) Remain in communication with caseworkers and other essential
child welfare personnel who are displaced because of a disaster.
   (D) Preserve essential program records.
   (E) Coordinate services and share information with other counties.
   (2) The department shall review its disaster plan with respect to
subparagraphs (A) to (E), inclusive, of paragraph (1), and shall
revise the plan to clarify the role and responsibilities of the state
in the event of a disaster.
   (3) The department shall consult with counties to identify
opportunities for collaboration between counties, and between the
county and the state, in the event of a disaster.
   (d) In carrying out the requirements of subdivisions (b) and (c),
the department shall do all of the following:
   (1) Consider the existing array of program models provided in
statute and in practice, including, but not limited to, wraparound
services, as defined in Section 18251, children's systems of care, as
provided for in Section 5852, the Oregon Family Unity or Santa Clara
County Family Conference models, which include family conferences at
key points in the casework process, such as when out-of-home
placement or return home is considered, and the Annie E. Casey
Foundation Family to Family initiative, which uses team
decisionmaking in case planning, community-based placement practices
requiring that children be placed in foster care in the communities
where they resided prior to placement, and involve foster families as
team members in family reunification efforts.
   (2) Ensure that emergency response services, family maintenance
services, family reunification services, and permanent placement
services are coordinated with the implementation of the models
described in paragraph (1).
   (3) Ensure consistency between child welfare services program
regulations and the program models described in paragraph (1).
   (e) The department, in conjunction with stakeholders, including,
but not limited to, county child welfare services agencies, foster
parent and group home associations, the California Youth Connection,
and other child advocacy groups, shall review the existing child
welfare services program regulations to ensure that these regulations
are consistent with the legislative intent specified in subdivision
(a). This review shall also determine how to incorporate the best
practice guidelines for assessment of children and families receiving
child welfare and foster care services, as required by Section
16501.2.
   (f) The department shall report to the Legislature on the results
of the actions taken under this section on or before January 1, 2002.

16500.5.  (a) (1) The Legislature hereby declares its intent to
encourage the continuity of the family unit by:
   (A) (i) Providing family preservation services.
   (ii) For purposes of this subdivision, "family preservation
services" means intensive services for families whose children,
without these services, would be subject to any of the following:
   (I) Be at imminent risk of out-of-home placement.
   (II) Remain in existing out-of-home placement for longer periods
of time.
   (III) Be placed in a more restrictive out-of-home placement.
   (B) Providing supportive services for those children within the
meaning of Sections 360, 361, and 364 when they are returned to the
family unit or when a minor will probably soon be within the
jurisdiction of the juvenile court pursuant to Section 301.
   (C) Providing counseling and family support services designed to
eradicate the situation that necessitated intervention.
   (2) The Legislature finds that maintaining abused and neglected
children in foster care grows increasingly costly each year, and that
adequate funding for family services which might enable these
children to remain in their homes is not as readily available as
funding for foster care placement.
   (3) The Legislature further finds that other state bodies have
addressed this problem through various systems of flexible
reimbursement in child welfare programs that provide for more
intensive and appropriate services to prevent foster care placement
or significantly reduce the length of stay in foster care.
   (4) Accordingly, it is the intent of the Legislature in enacting
this section to establish a system of flexible reimbursement in order
to evaluate its potential as an efficient, economical, and effective
alternative to out-of-home placement of children.
   (b) It is the intent of the Legislature that family preservation
and support services in California conform to the federal definitions
contained in Section 431 of the Social Security Act as contained in
Public Law 103-66, the Omnibus Budget Reconciliation Act of 1987. The
Legislature finds and declares that California's existing family
preservation programs meet the intent of this new federal initiative.
   (c) (1) (A) (i) Any county, subject to the approval of the State
Department of Social Services, may claim, on an annual basis, a
portion of the state's share, and to the extent permitted, the
federal share, of that county's AFDC-FC expenditures pursuant to
subdivision (d) of Section 11450 for children subject to Sections
300, 301, 360, 361, and 364, in advance, provided the county conducts
a program of family reunification and family maintenance services
for families receiving these services pursuant to Sections 300, 301,
360, 364, and, as permitted by the department, children subject to
Sections 601, 602, 726, and 727 of this code, and Section 7572.5 of
the Government Code.
   (ii) The department or a participating county may terminate a
county's participation in the program upon 30 days' notice if the
project is deemed unsuccessful by either party.
   (iii) For each fiscal year of the program, a participating county
may claim in advance an amount not to exceed an actual dollar amount
that shall not exceed 25 percent of the state's share, and to the
extent permitted, the federal share, of AFDC-FC funds to be expended
by that county pursuant to subdivision (d) of Section 11450 for
children subject to Sections 300, 301, 360, 361, and 364, and if
permitted by the department, Sections 601, 602, 726, and 727,
calculated for the first year of the project.
   (iv) The amount of funds to be advanced annually shall be
calculated at the beginning of the county's program described in this
subdivision. The advance shall be determined by projecting the state
share of AFDC-FC General Fund expenditures, and to the extent
permitted, the federal share of AFDC-FC expenditures for abused or
neglected children pursuant to Sections 300, 301, 360, 361, 364, and,
if permitted by the department, Sections 601, 602, 726, and 727,
based upon state, and to the extent permitted, federal expenditures
for AFDC-FC for the previous five years.
   (B) Except as provided in subparagraph (C), if the county's total
AFDC-FC General Fund expenditures and, to the extent permitted by
federal law, the federal share of AFDC-FC expenditures, added to the
amount expended from the advance to the county exceeds, by more than
5 percent, the county's total projected AFDC-FC General Fund
expenditures and, to the extent permitted by federal law, the federal
share of AFDC-FC expenditures for that fiscal year, the county shall
fund that portion of the overage in excess of 5 percent on a
100-percent basis. If the sum of a participating county's total
AFDC-FC General Fund expenditures and, to the extent permitted by
federal law, the federal share of AFDC-FC expenditures for their
children, added to the amount expended from the advance to the
county, is less than the total projected AFDC-FC General Fund
expenditures and, to the extent permitted by federal law, the federal
share of AFDC-FC expenditures for their children for that fiscal
year, the county shall receive 25 percent of the amount of the
savings.
   (C) (i) A participating county's share of expenditures in excess
of the projected total may be reduced upon approval of the
department. In determining this reduction, the department shall
consider the increase in foster care placements of children in the
homes of relatives as provided in Sections 361.3 and 16501.1, and in
Section 505 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (P.L. 104-193; 42 U.S.C.A. Sec. 671(a)),
which result in higher than projected AFDC-FC expenditures for
children described in subparagraph (A). In considering the increase
in relative foster care placements, the department shall adjust the
total to consider only those children whose families have no history
of receiving family preservation services.
   (ii) This subparagraph shall become inoperative on the date that
the director executes a declaration, which shall be retained by the
director, specifying that the department has established a kinship
care program that is separate and distinct from the existing foster
care program and that provides services uniquely suited to the needs
of children being cared for by their kin, or on January 1, 2002,
whichever is earlier.
   (2) Services which may be provided under this program may include,
but are not limited to, counseling, mental health treatment and
substance abuse treatment services, parenting, respite, day
treatment, transportation, homemaking, and family support services.
Each county that chooses to provide mental health treatment and
substance abuse treatment shall identify and develop these services
in consultation with county mental health treatment and substance
abuse treatment agencies. Additional services may include those
enumerated in Sections 16506 and 16507. The services to be provided
pursuant to this section may be determined by each participating
county. Each county may contract with individuals and organizations
for services to be provided pursuant to this section. Each county
shall utilize available private nonprofit resources in the county
prior to developing new county-operated resources when these private
nonprofit resources are of at least equal quality and costs as
county-operated resources and shall utilize available county
resources of at least equal quality and cost prior to new private
nonprofit resources.
   (3) Participating counties authorized by this subdivision shall
provide specific programs of direct services based on individual
family needs as reflected in the service plans to families of the
following:
   (A) Children who are dependent children not taken from physical
custody of their parents or guardians pursuant to Section 364.
   (B) Children who are dependent children removed from the physical
custody of their parents or guardian pursuant to Section 361.
   (C) Children who it is determined will probably soon be within the
jurisdiction of the juvenile court pursuant to Section 301.
   (D) Upon approval of the department, children who have been
adjudged wards of the court pursuant to Sections 601 and 602.
   (E) Upon approval of the department, families of children subject
to Sections 726 and 727.
   (F) Upon approval of the department, children who are determined
to require out-of-home placement pursuant to Section 7572.5 of the
Government Code.
   (4) The services shall only be provided to families whose children
will be placed in out-of-home care without the provision of services
or to children who can be returned to their families with the
provision of services.
   (5) The services selected by any participating county shall be
reasonable and meritorious and shall demonstrate cost-effectiveness
and success at avoiding out-of-home placement, or reducing the length
of stay in out-of-home placement. A county shall not expend more
funds for services under this subdivision than that amount which
would be expended for placement in out-of-home care.
   (6) The program in each county shall be deemed successful if it
meets the following standards:
   (A) Enables families to resolve their own problems, effectively
utilize service systems, and advocate for their children in
educational and social agencies.
   (B) Enhancing family functioning by building on family strengths.
   (C) At least 75 percent of the children receiving services remain
in their own home for six months after termination of services.
   (D) During the first year after services are terminated:
   (i) At least 60 percent of the children receiving services remain
at home one year after services are terminated.
   (ii) The average length of stay in out-of-home care of children
selected to receive services who have already been removed from their
home and placed in out-of-home care is 50 percent less than the
average length of stay in out-of-home care of children who do not
receive program services.
   (E) Two years after the termination of family preservation
services:
   (i) The average length of out-of-home stay of children selected to
receive services under this section who, at the time of selection,
are in out-of-home care, is 50 percent less than the average length
of stay in out-of-home care for children in out-of-home care who do
not receive services pursuant to this section.
   (ii) At least 60 percent of the children who were returned home
pursuant to this section remain at home.
   (7) Funds used for services provided under this section shall
supplement, not supplant, child welfare services funds available for
services pursuant to Sections 16506 and 16507.
   (8) Each county participating in the program authorized by this
section shall only continue to utilize the advance fund-claiming
mechanism specified in paragraph (1) if the department finds the
county has demonstrated the successful outcome of the county program,
based on the criteria for success specified in paragraph (6).
   (9) Programs authorized after the original pilot projects shall
submit data to the department upon the department's request.
   (d) (1) A county welfare department social worker or probation
officer may, pursuant to an appropriate court order, return a
dependent minor or ward of the court removed from the home pursuant
to Section 361 to his or her home, with appropriate interagency
family preservation program services.
   (2) The county probation department may, with the approval of the
State Department of Social Services, through an interagency agreement
with the county welfare department, refer cases to the county
welfare department for the direct provision of services under this
subdivision.
   (e) State foster care funds shall remain within the administrative
authority of the county welfare department and shall be used only
for placement services or placement prevention services or county
welfare department administrative cost related to the interagency
family preservation program.
   (f) To the extent permitted by federal law, any federal funds
provided for services to families and children may be utilized for
the purposes of this section.
   (g) A county may establish family preservation programs that serve
one or more geographic areas of the county, subject to the approval
of the State Department of Social Services.

16500.51.  (a) In addition to participation in the program provided
for under Section 16500.5, Solano and Alameda Counties may, on a
two-year project basis, and subject to the election of the board of
supervisors of each county to participate, expand the program
provided for in Section 16500.5 to also provide those family
preservation services to:
   (1) Children who have been adjudged wards of the court pursuant to
Sections 601 and 602.
   (2) Families of children subject to Section 726 and 727.
   (b) Except as otherwise provided in this section, the expanded
programs authorized under this section shall be subject to all of the
provisions of Section 16500.5 and shall be administered in
accordance with Section 16500.5, including, but not limited to, the
funding mechanism set forth in paragraph (1) of subdivision (b) of
Section 16500.5.
   (c) The county probation department, through an interagency
agreement with the county welfare department, may refer cases to the
county welfare department for the provision of services under this
subdivision.
   (d) The county shall ensure that the proportion of funds used for
family preservation services for families and children needing these
services pursuant to Sections 300, 330, 361, and 364 shall be no less
than the proportion of those children in the county's foster care
population.
   (e) A dependent minor or ward of the court removed from the home
pursuant to Section 726 may also be returned to his or her home with
appropriate interagency family preservation services as provided in
subdivision (c) of Section 16500.5.

16500.51.  (a) Any county that elects to continue to conduct a
family preservation program pursuant to subdivision (c) of Section
16500.5 may request a permanent transfer of funds from the category
of General Fund moneys appropriated for out-of-home placement
provided pursuant to subdivision (d) of Section 11450 for children
subject to Section 300, 301, 360, 361, or 364, and, as permitted by
the department, children subject to Sections 601, 602, 726, 727, and
7572.5 of the Government Code, for that county, to the category of
child welfare services as specified in subdivision (j) of Section
16501 for the purposes of providing family preservation services, if
the county's implementation of the family preservation program has
been based upon a plan, approved by the department, that includes
phased-in implementation. The amount identified for transfer shall be
the amount calculated as provided in Section 16500.5.
   (b) Subject to the approval of the department, a county may
receive upon its request, at any time after the permanent transfer of
funds specified in subdivision (a) has been made, a supplemental
permanent transfer of funds to serve additional populations of
eligible children who were not served during the initial phase of
plan implementation. The maximum amount that may be transferred
pursuant to this subdivision shall be subject to the limits specified
in subdivision (c) of Section 16500.5.

16500.55.  (a) Subject to the approval of the State Department of
Social Services and the Department of Finance, the family
preservation program provided for under Section 16500.5 may be
expanded to allow the participation of any county which submits a
family preservation plan pursuant to Section 16500.5 to the State
Department of Social Services.
   (b) All of these family preservation programs shall be implemented
and administered in accordance with Section 16500.5.
   (c) The department shall only approve participation of any county
that was not participating in the program, pursuant to subdivision
(b) of Section 16500.5, on September 21, 1990, if the county has a
high probability of success and if the majority of the family
preservation projects are deemed successful, based on criteria set
forth in paragraph (7) of subdivision (b) of Section 16500.5.
   (d) Not more than 24 additional counties per year may participate
pursuant to this section.
   (e)  Any county which participates in the program pursuant to this
section on or after the effective date of the act which amends this
section in the 1991 calendar year shall provide services to children
who have been adjudged wards of the court pursuant to Sections 601
and 602 only to the extent approved by the department.

16500.65.  (a) In addition to the three programs authorized under
Section 16500.5, Contra Costa County may implement a family
preservation and reunification program. The program shall be
administered in accordance with Section 16500.5, including, but not
limited to, the funding mechanism set forth in paragraph (1) of
subdivision (b) of Section 16500.5, and shall be subject to all of
the provisions of that section.
   (b) The family preservation program authorized by this section may
serve all of the following:
   (1) Families receiving those services pursuant to Sections 300,
330, 361, and 364.
   (2) Children who have been adjudged wards of the court pursuant to
Sections 601 and 602.
   (3) Families of children subject to Sections 726 and 727.
   (c) The county probation department may, through an interagency
agreement with the county welfare department, refer cases to the
county welfare department for the direct provision of services under
this subdivision.
   (d) The county shall ensure that the proportion of funds used for
family preservation services for families and children needing those
services pursuant to Sections 300, 330, 361, and 364 shall be no less
than the proportion of those children in the county's foster care
program.
   (e) Any private funds made available to the county for family
preservation services shall be applied to the AFDC-FC advance through
the end of the 1990-91 fiscal year.
   (f) The project authorized by this subdivision shall be deemed
successful if the following criteria have been met:
   (1) At least 75 percent of the children who are not placed in
out-of-home care and who receive project services remain in their
home for at least six months after the termination of family
preservation services.
   (2) Two years after the termination of family preservation
services, the average length of out-of-home stay of children selected
to receive services under this section who, at the time of
selection, are in out-of-home care, is 50 percent less than the
average length of stay in out-of-home care for children in
out-of-home care who do not receive demonstration project services
pursuant to this section.
   (3) Two years after project services are terminated, at least 60
percent of the children who were returned home with project services
remain at home.
   (g) (1) The participating county shall submit, to the department
and to the appropriate committees of the Legislature, a preliminary
report upon the conclusion of the demonstration project, and a final
report six months after the conclusion of the project.
   (2) The participating county shall, in the reports required by
paragraph (1), demonstrate the extent the project met the criteria
for determining the success of the project specified in subdivision
(f).
   (h) A dependent minor or ward of the court removed from the home
pursuant to Section 726 may also be returned to his or her home with
appropriate interagency family preservation services as provided in
subdivision (c) of Section 16500.5.

16500.8.  (a) The department shall, in consultation with the County
Welfare Directors Association, seek additional federal revenues to
finance the family preservation activities described in Section
16500.7. Those revenue sources shall include, but need not be limited
to, all of the following:
   (1) Title IV-A of the federal Social Security Act, contained in
Part A (commencing with Section 601) of Subchapter 4 of Chapter 7 of
Title 42 of the United States Code.
   (2) Title IV-E of the federal Social Security Act contained in
Part E (commencing with Section 670) of Subchapter 4 of Chapter 7 of
Title 42 of the United States Code.
   (3) Title IV-B of the federal Social Security Act contained in
Part B (commencing with Section 620) of Subchapter 4 of Chapter 7 of
Title 42 of the United States Code.
   (4) Title XIX of the federal Social Security Act, contained in
Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42
of the United States Code.
   (b) It is the intent of the Legislature that any additional funds
received pursuant to this section shall supplement, and not supplant,
existing General Fund support for family preservation services.

16500.9.  The department shall establish one full-time position,
within the office of the director, to assist counties in complying
with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.) and related state laws, regulations, and rules of court. This
assistance shall include, but not be limited to, all of the
following:
   (a) Acting as a clearinghouse for up-to-date information regarding
tribes within and outside of the state.
   (b) Providing information and support regarding the requirements
of laws, regulations, and rules of court in juvenile dependency cases
involving a child who is subject to the federal Indian Child Welfare
Act.
   (c) Providing or coordinating training and technical assistance
for counties regarding the requirements described in subdivision (b).

16501.  (a) As used in this chapter, "child welfare services" means
public social services which are directed toward the accomplishment
of any or all the following purposes: protecting and promoting the
welfare of all children, including handicapped, homeless, dependent,
or neglected children; preventing or remedying, or assisting in the
solution of problems which may result in, the neglect, abuse,
exploitation, or delinquency of children; preventing the unnecessary
separation of children from their families by identifying family
problems, assisting families in resolving their problems, and
preventing breakup of the family where the prevention of child
removal is desirable and possible; restoring to their families
children who have been removed, by the provision of services to the
child and the families; identifying children to be placed in suitable
adoptive homes, in cases where restoration to the biological family
is not possible or appropriate; and assuring adequate care of
children away from their homes, in cases where the child cannot be
returned home or cannot be placed for adoption.
   "Child welfare services" also means services provided on behalf of
children alleged to be the victims of child abuse, neglect, or
exploitation. The child welfare services provided on behalf of each
child represent a continuum of services, including emergency response
services, family preservation services, family maintenance services,
family reunification services, and permanent placement services. The
individual child's case plan is the guiding principle in the
provision of these services. The case plan shall be developed within
30 days of the initial removal of the child or of the in-person
response required under subdivision (f) of Section 16501 if the child
has not been removed from his or her home, or by the date of the
jurisdictional hearing pursuant to Section 356, whichever comes
first.
   (1) Child welfare services may include, but are not limited to, a
range of service-funded activities, including case management,
counseling, emergency shelter care, emergency in-home caretakers,
temporary in-home caretakers, respite care, therapeutic day services,
teaching and demonstrating homemakers, parenting training, substance
abuse testing, and transportation. These service-funded activities
shall be available to children and their families in all phases of
the child welfare program in accordance with the child's case plan
and departmental regulations. Funding for services is limited to the
amount appropriated in the annual Budget Act and other available
county funds.
   (2) Service-funded activities to be provided may be determined by
each county, based upon individual child and family needs as
reflected in the service plan.
   (3) As used in this chapter, "emergency shelter care" means
emergency shelter provided to children who have been removed pursuant
to Section 300 from their parent or parents or their guardian or
guardians. The department may establish, by regulation, the time
periods for which emergency shelter care shall be funded. For the
purposes of this paragraph, "emergency shelter care" may include
"transitional shelter care facilities" as defined in paragraph (11)
of subdivision (a) of Section 1502 of the Health and Safety Code.
   (b) As used in this chapter, "respite care" means temporary care
for periods not to exceed 72 hours. This care may be provided to the
child's parents or guardians. This care shall not be limited by
regulation to care over 24 hours. These services shall not be
provided for the purpose of routine, ongoing child care.
   (c) The county shall provide child welfare services as needed
pursuant to an approved service plan and in accordance with
regulations promulgated, in consultation with the counties, by the
department. Counties may contract for service-funded activities as
defined in paragraph (1) of subdivision (a). Each county shall use
available private child welfare resources prior to developing new
county-operated resources when the private child welfare resources
are of at least equal quality and lesser or equal cost as compared
with county-operated resources. Counties shall not contract for needs
assessment, client eligibility determination, or any other activity
as specified by regulations of the State Department of Social
Services, except as specifically authorized in Section 16100.
   (d) Nothing in this chapter shall be construed to affect duties
which are delegated to probation officers pursuant to Sections 601
and 654.
   (e) Any county may utilize volunteer individuals to supplement
professional child welfare services by providing ancillary support
services in accordance with regulations adopted by the State
Department of Social Services.
   (f) As used in this chapter, emergency response services consist
of a response system providing in-person response, 24 hours a day,
seven days a week, to reports of abuse, neglect, or exploitation, as
required by Article 2.5 (commencing with Section 11164) of Chapter 2
of Title 1 of Part 4 of the Penal Code for the purpose of
investigation pursuant to Section 11166 of the Penal Code and to
determine the necessity for providing initial intake services and
crisis intervention to maintain the child safely in his or her own
home or to protect the safety of the child. County welfare
departments shall respond to any report of imminent danger to a child
immediately and all other reports within 10 calendar days. An
in-person response is not required when the county welfare
department, based upon an evaluation of risk, determines that an
in-person response is not appropriate. This evaluation includes
collateral, contacts, a review of previous referrals, and other
relevant information, as indicated.
   (g) As used in this chapter, family maintenance services are
activities designed to provide in-home protective services to prevent
or remedy neglect, abuse, or exploitation, for the purposes of
preventing separation of children from their families.
   (h) As used in this chapter, family reunification services are
activities designed to provide time-limited foster care services to
prevent or remedy neglect, abuse, or exploitation, when the child
cannot safely remain at home, and needs temporary foster care, while
services are provided to reunite the family.
   (i) As used in this chapter, permanent placement services are
activities designed to provide an alternate permanent family
structure for children who because of abuse, neglect, or exploitation
cannot safely remain at home and who are unlikely to ever return
home. These services shall be provided on behalf of children for whom
there has been a judicial determination of a permanent plan for
adoption, legal guardianship, or long-term foster care.
   (j) As used in this chapter, family preservation services include
those services specified in Section 16500.5 to avoid or limit
out-of-home placement of children, and may include those services
specified in that section to place children in the least restrictive
environment possible.
   (k) (1) (A) In any county electing to implement this subdivision,
all county welfare department employees who have frequent and routine
contact with children shall, by February 1, 1997, and all welfare
department employees who are expected to have frequent and routine
contact with children and who are hired on or after January 1, 1996,
and all such employees whose duties change after January 1, 1996, to
include frequent and routine contact with children, shall, if the
employees provide services to children who are alleged victims of
abuse, neglect, or exploitation, sign a declaration under penalty of
perjury regarding any prior criminal conviction, and shall provide a
set of fingerprints to the county welfare director.
   (B) The county welfare director shall secure from the Department
of Justice a criminal record to determine whether the employee has
ever been convicted of a crime other than a minor traffic violation.
The Department of Justice shall deliver the criminal record to the
county welfare director.
   (C) If it is found that the employee has been convicted of a
crime, other than a minor traffic violation, the county welfare
director shall determine whether there is substantial and convincing
evidence to support a reasonable belief that the employee is of good
character so as to justify frequent and routine contact with
children.
   (D) No exemption shall be granted pursuant to subparagraph (C) if
the person has been convicted of a sex offense against a minor, or
has been convicted of an offense specified in Section 220, 243.4,
264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of
Section 273a of, or subdivision (a) or (b) of Section 368 of, the
Penal Code, or has been convicted of an offense specified in
subdivision (c) of Section 667.5 of the Penal Code. The county
welfare director shall suspend such a person from any duties
involving frequent and routine contact with children.
   (E) Notwithstanding subparagraph (D), the county welfare director
may grant an exemption if the employee or prospective employee, who
was convicted of a crime against an individual specified in paragraph
(1) or (7) of subdivision (c) of Section 667.5 of the Penal Code,
has been rehabilitated as provided in Section 4852.03 of the Penal
Code and has maintained the conduct required in Section 4852.05 of
the Penal Code for at least 10 years and has the recommendation of
the district attorney representing the employee's or prospective
employee's county of residence, or if the employee or prospective
employee has received a certificate of rehabilitation pursuant to
Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of
the Penal Code. In that case, the county welfare director may give
the employee or prospective employee an opportunity to explain the
conviction and shall consider that explanation in the evaluation of
the criminal conviction record.
   (F) If no criminal record information has been recorded, the
county welfare director shall cause a statement of that fact to be
included in that person's personnel file.
   (2) For purposes of this subdivision, a conviction means a plea or
verdict of guilty or a conviction following a plea of nolo
contendere. Any action which the county welfare director is permitted
to take following the establishment of a conviction may be taken
when the time for appeal has elapsed, or the judgment of conviction
has been affirmed on appeal or when an order granting probation is
made suspending the imposition of sentence, notwithstanding a
subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal
Code permitting the person to withdraw his or her plea of guilty and
to enter a plea of not guilty, or setting aside the verdict of
guilty, or dismissing the accusation, information, or indictment. For
purposes of this subdivision, the record of a conviction, or a copy
thereof certified by the clerk of the court or by a judge of the
court in which the conviction occurred, shall be conclusive evidence
of the conviction.

16501.1.  (a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is the
case plan.
   (2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child and
parents or other caretakers, as appropriate, in order to improve
conditions in the parent's home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and to
address the needs of the child while in foster care.
   (b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.
   (2) In determining the reasonable services to be offered or
provided, the child's health and safety shall be the paramount
concerns.
   (3) (A) In determining the reasonable services to be offered or
provided, the case plan shall include information, to the extent
possible, about a parent's incarceration in a county jail or the
state prison during the time that a minor child of that parent is
involved in dependency care. Once a consistent data entry field or
fields have been designated in the statewide child welfare database,
social workers shall make reasonable efforts to collect and update
necessary data regarding a child's incarcerated parent or parents.
   (B) In order to further the goals of this paragraph, the
Legislature encourages the State Department of Social Services to
consult with the county welfare directors regarding the best way to
incorporate the information specified in subparagraph (A) as a
required field in the statewide database. The Legislature also
encourages the Department of Justice, the Department of Corrections
and Rehabilitation, county welfare departments, and county sheriffs
to develop protocols for facilitating the exchange of information
regarding the location and sentencing of the incarcerated parent or
parents of a minor child who is in dependency care.
   (C) Nothing in this paragraph shall be interpreted to require the
department to create a new dedicated field in the statewide database
for incorporating the information specified in subparagraph (A).
   (4) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.
   (5) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete all
steps necessary to finalize the permanent placement of the child.
   (c) (1) If out-of-home placement is used to attain case plan
goals, the decision regarding choice of placement shall be based upon
selection of a safe setting that is the least restrictive or most
familylike and the most appropriate setting that is available and in
close proximity to the parent's home, proximity to the child's
school, consistent with the selection of the environment best suited
to meet the child's special needs and best interests, or both. The
selection shall consider, in order of priority, placement with
relatives, tribal members, and foster family, group care, and
residential treatment pursuant to Section 7950 of the Family Code.
   (2) In addition to the requirements of paragraph (1), and taking
into account other statutory considerations regarding placement, the
selection of the most appropriate home that will meet the child's
special needs and best interests shall also promote educational
stability by taking into consideration proximity to the child's
school attendance area.
   (d) A written case plan shall be completed within a maximum of 60
days of the initial removal of the child or of the in-person response
required under subdivision (f) of Section 16501 if the child has not
been removed from his or her home, or by the date of the
dispositional hearing pursuant to Section 358, whichever occurs
first. The case plan shall be updated as the service needs of the
child and family dictate. At a minimum, the case plan shall be
updated in conjunction with each status review hearing conducted
pursuant to Section 366.21, and the hearing conducted pursuant to
Section 366.26, but no less frequently than once every six months.
Each updated case plan shall include a description of the services
that have been provided to the child under the plan and an evaluation
of the appropriateness and effectiveness of those services.
   (1) It is the intent of the Legislature that extending the maximum
time available for preparing a written case plan from 30 to 60 days
will afford caseworkers time to actively engage families, and to
solicit and integrate into the case plan the input of the child and
the child's family, as well as the input of relatives and other
interested parties.
   (2) The extension of the maximum time available for preparing a
written case plan from the 30 to 60 days shall be effective 90 days
after the date that the department gives counties written notice that
necessary changes have been made to the Child Welfare Services Case
Management System to account for the 60-day timeframe for preparing a
written case plan.
   (e) The child welfare services case plan shall be comprehensive
enough to meet the juvenile court dependency proceedings requirements
pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
   (f) The case plan shall be developed as follows:
   (1) The case plan shall be based upon an assessment of the
circumstances that required child welfare services intervention. The
child shall be involved in developing the case plan as age and
developmentally appropriate.
   (2) The case plan shall identify specific goals and the
appropriateness of the planned services in meeting those goals.
   (3) The case plan shall identify the original allegations of abuse
or neglect, as defined in Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
conditions cited as the basis for declaring the child a dependent of
the court pursuant to Section 300, or all of these, and the other
precipitating incidents that led to child welfare services
intervention.
   (4) The case plan shall include a description of the schedule of
the social worker contacts with the child and the family or other
caretakers. The frequency of these contacts shall be in accordance
with regulations adopted by the State Department of Social Services.
If the child has been placed in foster care out of state, the county
social worker or a social worker on the staff of the social services
agency in the state in which the child has been placed shall visit
the child in a foster family home or the home of a relative,
consistent with federal law and in accordance with the department's
approved state plan. For children in out-of-state group home
facilities, visits shall be conducted at least monthly, pursuant to
Section 16516.5. At least once every six months, at the time of a
regularly scheduled social worker contact with the foster child, the
child's social worker shall inform the child of his or her rights as
a foster child, as specified in Section 16001.9. The social worker
shall provide the information to the child in a manner appropriate to
the age or developmental level of the child.
   (5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.
   (B) Information regarding any court-ordered visitation between the
child and the natural parents or legal guardians, and the terms and
conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of
Section 16002. If appropriate, when siblings who are dependents of
the juvenile court are not placed together, the social worker for
each child, if different, shall communicate with each of the other
social workers and ensure that the child's siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a
particular case to keep siblings informed of significant life events
that occur within the extended family, the social worker shall
determine the appropriate means and setting for disclosure of this
information to the child commensurate with the child's age and
emotional well-being. These significant life events shall include,
but shall not be limited to, the following:
   (A) The death of an immediate relative.
   (B) The birth of a sibling.
   (C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.
   (7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child's parent or out of
state, the case plan shall specify the reasons why that placement is
in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in addition,
specify compliance with Section 7911.1 of the Family Code.
   (8) Effective January 1, 2010, a case plan shall ensure the
educational stability of the child while in foster care and shall
include both of the following:
   (A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of
placement.
   (B) An assurance that the placement agency has coordinated with
appropriate local educational agencies to ensure that the child
remains in the school in which the child is enrolled at the time of
placement, or, if remaining in that school is not in the best
interests of the child, assurances by the placement agency and the
local educational agency to provide immediate and appropriate
enrollment in a new school and to provide all of the child's
educational records to the new school.
   (9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption, the
case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and any
of the child's siblings. This recommendation shall include a
statement regarding the child's and the siblings' willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child's siblings.
   (B) Information regarding the schedule and frequency of the visits
between the child and siblings, as well as any court-ordered terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child's out-of-home
caregiver as soon as possible after the court order is made.
   (10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.
   (11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason or
reasons why termination of parental rights is not in the child's best
interest. A determination completed or updated within the past 12
months by the department when it is acting as an adoption agency or
by a licensed adoption agency that it is unlikely that the child will
be adopted, or that one of the conditions described in paragraph (1)
of subdivision (c) of Section 366.26 applies, shall be deemed a
compelling reason.
   (12) (A) Parents and legal guardians shall have an opportunity to
review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In any voluntary service or
placement agreement, the parents or legal guardians shall be required
to review and sign the case plan. Whenever possible, parents and
legal guardians shall participate in the development of the case
plan.
   (B) Parents and legal guardians shall be advised that, pursuant to
Section 1228.1 of the Evidence Code, neither their signature on the
child welfare services case plan nor their acceptance of any services
prescribed in the child welfare services case plan shall constitute
an admission of guilt or be used as evidence against the parent or
legal guardian in a court of law. However, they shall also be advised
that the parent's or guardian's failure to cooperate, except for
good cause, in the provision of services specified in the child
welfare services case plan may be used in any hearing held pursuant
to Section 366.21 or 366.22 as evidence.
   (13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of age
or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.
   (14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.
   (15) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child's wishes regarding their permanent
placement plan and an assessment of those stated wishes. The agency
shall also include documentation of the steps the agency is taking to
find an adoptive family or other permanent living arrangements for
the child; to place the child with an adoptive family, an appropriate
and willing relative, a legal guardian, or in another planned
permanent living arrangement; and to finalize the adoption or legal
guardianship. At a minimum, the documentation shall include
child-specific recruitment efforts, such as the use of state,
regional, and national adoption exchanges, including electronic
exchange systems, when the child has been freed for adoption.
   (16) (A) When appropriate, for a child who is 16 years of age or
older, the case plan shall include a written description of the
programs and services that will help the child, consistent with the
child's best interests, prepare for the transition from foster care
to independent living. The case plan shall be developed with the
child and individuals identified as important to the child, and shall
include steps the agency is taking to ensure that the child has a
connection to a caring adult.
   (B) During the 90-day period prior to the participant attaining 18
years of age or older as the state may elect under Section 475(8)(B)
(iii) (42 U.S.C. Sec. 675(8)(B)(iii)) of the federal Social Security
Act, whether during that period foster care maintenance payments are
being made on the child's behalf or the child is receiving benefits
or services under Section 477 (42 U.S.C. Sec. 677) of the federal
Social Security Act, a caseworker or other appropriate agency staff
or probation officer and other representatives of the participant, as
appropriate, must address, in the written transitional independent
living plan, that is personalized at the direction of the child,
information as detailed as the participant elects that shall include,
but not be limited to, options regarding housing, health insurance,
education, local opportunities for mentors and continuing support
services, and workforce supports and employment services.
   (g) If the court finds, after considering the case plan, that
unsupervised sibling visitation is appropriate and has been consented
to, the court shall order that the child or the child's siblings,
the child's current caregiver, and the child's prospective adoptive
parents, if applicable, be provided with information necessary to
accomplish this visitation. This section does not require or prohibit
the social worker's facilitation, transportation, or supervision of
visits between the child and his or her siblings.
   (h) The case plan documentation on sibling placements required
under this section shall not require modification of existing case
plan forms until the Child Welfare Services Case Management System is
implemented on a statewide basis.
   (i) When a child who is 10 years of age or older and who has been
in out-of-home placement for six months or longer, the case plan
shall include an identification of individuals, other than the child'
s siblings, who are important to the child and actions necessary to
maintain the child's relationship with those individuals, provided
that those relationships are in the best interest of the child. The
social worker shall ask every child who is 10 years of age or older
and who has been in out-of-home placement for six months or longer to
identify individuals other than the child's siblings who are
important to the child, and may ask any other child to provide that
information, as appropriate. The social worker shall make efforts to
identify other individuals who are important to the child, consistent
with the child's best interests.
   (j) The child's caregiver shall be provided a copy of a plan
outlining the child's needs and services.
   (k) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association and other advocates,
shall develop a comprehensive plan to ensure that 90 percent of
foster children are visited by their caseworkers on a monthly basis
by October 1, 2011, and that the majority of the visits occur in the
residence of the child. The plan shall include any data reporting
requirements necessary to comply with the provisions of the federal
Child and Family Services Improvement Act of 2006 (Public Law
109-288).
   (l) The implementation and operation of the amendments to
subdivision (i) enacted at the 2005-06 Regular Session shall be
subject to appropriation through the budget process and by phase, as
provided in Section 366.35.

16501.15.  As used in subdivisions (b) and (c) of Section 16501.1, a
home or setting that is "safe" means that the home or setting is
free from abuse or neglect, as described in Section 11165.5 of the
Penal Code.

16501.2.  (a) The Legislature finds and declares all of the
following:
   (1) Safety, stability, and the permanence of families in the child
welfare system are of paramount importance.
   (2) Ongoing assessments that build on the strength of the child
and family unit, and that identify desired outcomes, are critical in
the development of appropriate case plans for children.
   (3) If it is necessary to place a child in out-of-home care, the
use of a formal child and family assessment can enhance the
appropriateness of placement and the identification and delivery of
services necessary to meet the child's needs and strengths,
consistent with case plan goals.
   (b) On or before December 31, 1998, the department shall issue to
all county placing agencies and the courts, current best practice
guidelines for the assessment of a child and the child's family unit.
The guidelines shall include recommended methods for gathering
certain background information on the child and the child's family
unit, identifying appropriate services for the case plan, and methods
of monitoring and reassessing the case plan to best meet case plan
goals. For children placed in group homes or foster family agencies,
the guidelines shall include methods for identifying appropriate
placement options, and monitoring the services provided by the group
home or foster family agency to best address the strengths and needs
of the child and the child's family unit.
   (c) (1) The department shall conduct a pilot project to test the
effectiveness of utilizing best practice standards for the assessment
of children and families receiving child welfare and foster care
services, for the purpose of identifying the strengths and needs of
the family and the child, developing and monitoring appropriate case
plans, and determining appropriate services.
   (2) The pilot project shall meet all of the following conditions:
   (A) On or before July 1, 1999, the department shall solicit
participation in the pilot project by counties, and, to the extent
possible, provide for broad geographical representation. On or before
September 1, 1999, the department shall select pilot counties and
begin operation of the pilot project.
   (B) The pilot project shall use an assessment protocol or process
developed by the department in collaboration with county agencies and
other stakeholders.
   (C) The pilot project shall be evaluated independently to judge
the effectiveness of the assessment protocol or instrument, including
whether the assessment provides adequate background data on the
child and the child's family unit, improves achievement of case plan
goals, is judged useful to the counties and service providers, and
can be applied with ease.
   (D) For children placed in group homes or foster family agencies,
the assessment protocol or process developed pursuant to subparagraph
(B) shall identify the strengths and needs of the child to be met by
the placement program and methods for monitoring the delivery of
services by the placement agencies.
   (E) The assessment shall be sensitive to the ethnic and linguistic
background of the children and families being assessed, and shall
include, but not be limited to, the child's age, previous placement
history, specific indicators, including living situation, social
situation, medical situation, educational situation, vocational
situation, emotional situation, behavioral situation, and legal,
cultural, and religious history, and areas and activities of
interest.
   (d) In collaboration with county agencies and other stakeholders,
and based on the results of the pilot project described in this
section, the department shall develop a formal assessment process for
children receiving foster care and child welfare services. On or
before May 1, 2001, the department shall inform the Legislature on
the status of the pilot project described in this section, and the
proposed assessment protocol or process with recommendations for its
implementation, including incorporation of the assessment process
into the child welfare services case management system.
   (e) Upon satisfactory completion of the pilot project described in
this section, and development of a formal assessment instrument or
process, the department, in collaboration with representatives of
county placing agencies, training academies, and the California
Social Work Education Center, shall integrate training and technical
assistance on the family assessment guidelines into the curriculum of
the regional training academies.

16501.25.  (a) For the purposes of this section, "teen parent" means
a child who has been adjudged to be a dependent child or ward of the
court on the grounds that he or she is a person described under
Section 300 or Section 602, or a ward of a nonrelated legal guardian
whose guardianship was established pursuant to Section 366.26 or 360,
living in out-of-home placement in a whole family foster home, as
defined in subdivision (u) of Section 11400, who is a parent.
   (b) (1) When the child of a teen parent is not subject to the
jurisdiction of the dependency court but is in the full or partial
physical custody of the teen parent, a written shared responsibility
plan shall be developed. The plan shall be developed between the teen
parent, caregiver, and a representative of the county child welfare
agency or probation department, and in the case of a certified home,
a representative of the agency providing direct and immediate
supervision to the caregiver. Additional input may be provided by any
individuals identified by the teen parent, the other parent of the
child, if appropriate, and other extended family members. The plan
shall be developed as soon as is practicably possible. However, if
one or more of the above stakeholders are not available to
participate in the creation of the plan within the first 30 days of
the teen parent's placement, the teen parent and caregiver may enter
into a plan for the purposes of fulfilling the requirements of
paragraph (2) of subdivision (d) of Section 11465, which may be
modified at a later time when the other individuals become available.
   (2) The plan shall be designed to preserve and strengthen the teen
parent family unit, as described in Section 16002.5, to assist the
teen parent in meeting the goals outlined in Section 16002.5, to
facilitate a supportive home environment for the teen parent and the
child, and to ultimately enable the teen parent to independently
provide a safe, stable, and permanent home for the child. The plan
shall in no way limit the teen parent's legal right to make decisions
regarding the care, custody, and control of the child.
   (3) The plan shall be written for the express purpose of aiding
the teen parent and the caregiver to reach agreements aimed at
reducing conflict and misunderstandings. The plan shall outline, with
as much specificity as is practicable, the duties, rights, and
responsibilities of both the teen parent and the caregiver with
regard to the child, and identify supportive services to be offered
to the teen parent by the caregiver or, in the case of a certified
home, the agency providing direct and immediate supervision to the
caregiver, or both. The plan shall be updated, as needed, to account
for the changing needs of infants and toddlers, and in accordance
with the teen parent's changing school, employment, or other outside
responsibilities. The plan shall not conflict with the teen parent's
case plan. Areas to be addressed by the plan include, but are not
limited to, all of the following:
   (A) Feeding.
   (B) Clothing.
   (C) Hygiene.
   (D) Purchase of necessary items, including, but not limited to,
safety items, food, clothing, and developmentally appropriate toys
and books. This includes both one-time purchases and items needed on
an ongoing basis.
   (E) Health care.
   (F) Transportation to health care appointments, child care, and
school, as appropriate.
   (G) Provision of child care and babysitting.
   (H) Discipline.
   (I) Sleeping arrangements.
   (J) Visits among the child, his or her noncustodial parent, and
other appropriate family members, including the responsibilities of
the teen parent, the caregiver, and the foster family agency, as
appropriate, for facilitating the visitation. The shared
responsibility plan shall not conflict with the teen parent's case
plan and any visitation orders made by the court.
   (c) Upon completion of the shared responsibility plan and any
subsequent updates to the plan, a copy shall be provided to the teen
parent and his or her attorney, the caregiver, the county child
welfare agency or probation department and, in the case of a
certified home, the agency providing direct and immediate supervision
to the caregiver.
   (d) The shared responsibility plan requirements shall no longer
apply when the two hundred dollar ($200) monthly payment is made
under the Kin-GAP program to a former whole family foster home
pursuant to subdivision (a) of Section 11465.

16501.3.  (a) The State Department of Social Services shall
establish a program of public health nursing in the child welfare
services program. The purpose of the public health nursing program
shall be to identify, respond to, and enhance the physical, mental,
dental, and developmental well-being of children in the child welfare
system.
   (b) Counties shall use the services of a foster care public health
nurse. The foster care public health nurse shall work with the
appropriate child welfare services workers to coordinate health care
services and serve as a liaison with health care professionals and
other providers of health-related services. This shall include
coordination with county mental health plans and local health
jurisdictions, as appropriate.
   (c) The duties of a foster care public health nurse shall include,
but need not be limited to, the following:
   (1) Documenting that each child in foster care receives initial
and followup health screenings that meet reasonable standards of
medical practice.
   (2) Collecting health information and other relevant data on each
foster child as available, receiving all collected information to
determine appropriate referral and services, and expediting referrals
to providers in the community for early intervention services,
specialty services, dental care, mental health services, and other
health-related services necessary for the child.
   (3) Participating in medical care planning and coordinating for
the child. This may include, but is not limited to, assisting case
workers in arranging for comprehensive health and mental health
assessments, interpreting the results of health assessments or
evaluations for the purpose of case planning and coordination,
facilitating the acquisition of any necessary court authorizations
for procedures or medications, advocating for the health care needs
of the child and ensuring the creation of linkage among various
providers of care.
   (4) Providing follow-up contact to assess the child's progress in
meeting treatment goals.
   (d) The services provided by foster care public health nurses
under this section shall be limited to those for which reimbursement
may be claimed under Title XIX at an enhanced rate for services
delivered by skilled professional medical personnel. Notwithstanding
any other provision of law, this section shall be implemented only
if, and to the extent that, the department determines that federal
financial participation, as provided under Title XIX of the federal
Social Security Act (42 U.S.C. Sec. 1396 et seq.), is available.
   (e) Notwithstanding Section 10101 of the Welfare and Institutions
Code, there shall be no required county match of the nonfederal cost
of this program.

16501.5.  (a) In order to protect children and effectively
administer and evaluate California's Child Welfare Services and
Foster Care programs, the department shall implement a single
statewide Child Welfare Services Case Management System no later than
July 1, 1993.
   (b) It is the intent of the Legislature in developing and
implementing a statewide Child Welfare Services Case Management
System to minimize the administrative and systems barriers which
inhibit the effective provision of services to children and families
by applying current technology to the systems which support the
provision and management of child welfare services. Therefore, it is
the intent of the Legislature that the Child Welfare Services Case
Management System achieve all of the following:
   (1) Provide child welfare services workers with immediate access
to child and family specific information in order to make appropriate
and expeditious case decisions.
   (2) Provide child welfare services workers with the case
management information needed to effectively and efficiently manage
their caseloads and take appropriate and timely case management
actions.
   (3) Provide state and county child welfare services management
with the information needed to monitor and evaluate the
accomplishment of child welfare services tasks and goals.
   (4) Provide all child welfare services agencies with a common data
base and definition of information from which to evaluate the child
welfare services programs in terms of the following:
   (A) Effectiveness in meeting statutory and regulatory mandates,
goals, and objectives of the programs.
   (B) Effectiveness in meeting the needs of the families and
children serviced by the program.
   (C) Projecting and planning for the future needs of the families
and children served by the program.
   (5) Meeting federal statistical reporting requirements with a
minimum of duplication of effort.
   (6) Consolidate the collection and reporting of information for
those programs which are closely related to child welfare services,
including foster care and emergency assistance.
   (7) Utilize the child welfare services functionality defined in
current and planned automated systems as the foundation for the
development of the technical requirements for the Child Welfare
Services Case Management System.
   (c) It is the intent of the Legislature that the Child Welfare
Services Case Management System shall provide the required
comprehensive and detailed individual county data needed by the
department to implement and monitor the performance standards system
specified in Section 11215.
   (d) If the Child Welfare Services Case Management System is not
implemented statewide by July 1, 1993, Section 15200, which provides
for State Treasury appropriations equal to 40 percent of the sum
necessary for the adequate care of each child pursuant to subdivision
(d) of Section 11450, shall remain in effect until two years after
the implementation of the Child Welfare Services Case Management
System.

16501.6.  (a) It is the intent of the Legislature for the State
Department of Social Services to enhance the Child Welfare Services
Case Management System to include information concerning the level of
care required, educational accomplishments, and health history of
children placed in foster care. If appropriate, this enhancement
could be made after the system is operational statewide as required
in Section 16501.5.
   (b) The department shall conduct a study to examine the most
efficient methods of collecting and maintaining all of the following
data for each child in foster care:
   (1) The names and addresses of the child's health and educational
providers.
   (2) The child's grade level performance.
   (3) The child's school record.
   (4) Assurances that the child's placement in foster care takes
into account proximity to the school in which the child is enrolled
at the time of placement.
   (5) A record of the child's immunizations.
   (6) The child's known medical problems.
   (7) The child's medications.
   (8) Any other relevant level of care, health, and education
information concerning the child as determined appropriate by the
department.
   (c) In conducting its study, the department shall, as required,
examine county health passport systems for possible replication on a
statewide basis and consult with other state departments, county
associations, and provider groups.
   (d) By February 15, 1992, the department shall submit a report to
the appropriate policy and fiscal committees of the Legislature on
the results of its study. The department shall include the following
in its report:
   (1) Recommendations for coordinating data collection among local
child health and disability prevention programs, other health care
providers, county welfare departments, schools, and other agencies
providing services for foster children.
   (2) Recommendations for the interfacing with any alternative
system recommended pursuant to paragraph (1) with the mental health
assessment required by Section 5407, and with other requirements of
law.
   (e) The report required by subdivision (d) shall address the
feasibility, timeframe, and estimated costs of doing either of the
following:
   (1) Incorporating the data specified in subdivision (b) in the
Child Welfare Services Case Management System.
   (2) Implementing an alternative system that is more appropriate
for the collection and maintenance of the data specified in
subdivision (b).

16501.7.  (a) On or before December 1, 2005, the State Department of
Social Services shall develop, and provide to the Chairperson of the
Joint Legislative Budget Committee, a Child Welfare Services/Case
Management System system performance commitments plan. The plan shall
be developed in conjunction with the Office of System Integration,
the Department of Technology Services, and the County Welfare
Directors Association.
   (b) (1) The plan developed as required by subdivision (a) shall
include, but not be limited to, performance standards for system
availability, application transaction time, batch processing windows,
data downloads, a process for the identification, tracking, and
response of repair service requests, data backup and recovery, help
desk responsiveness, and a process for security incidents.
   (2) The plan may include print time.
   (3) The plan shall describe all of the following:
   (A) The mechanism for tracking system performance.
   (B) Corrective action protocols.
   (C) The steps that will be taken should performance fall below
standards for a specified period of time.
   (c) It is the intent of the Legislature that the plan developed
pursuant to this section shall do all of the following:
   (1) Appropriately assign responsibility for ensuring service
levels to the entity accountable.
   (2) Prioritize implementation of components of the plan.
   (3) Address implementation feasibility of the plan's components,
including any issues regarding plan implementation that need to be
addressed.

16501.8.  (a) Once a consistent data entry field or fields have been
designated in the statewide child welfare database, social workers
shall make reasonable efforts to collect and update necessary data
regarding a child's incarcerated parent or parents.
   (b) The Legislature encourages the State Department of Social
Services to consult with the county welfare directors regarding the
best way to incorporate the information specified in subdivision (a)
as a required field in the statewide database. The Legislature also
encourages the Department of Justice, the Department of Corrections
and Rehabilitation, county welfare departments, and county sheriffs
to develop protocols for facilitating the exchange of information
regarding the location and sentencing of the incarcerated parent or
parents of a minor child who is in dependency care.
   (c) Nothing in this section shall be interpreted to require the
department to create a new field in the statewide database for
incorporating the information specified in this section.

16502.  The child welfare services authorized by this chapter shall
be established in any county or combination of counties when a plan
which includes financing of such services has been certified by the
department. Such certified plan of child welfare services shall then
be operated in accordance with standards and regulations established
by the department, subject to all the provisions of this code
relating to the supervision of public social services by the
department.

16502.5.  (a) Notwithstanding any other provision of law, a county
board of supervisors may receive and review any records in the
custody of the juvenile court or any other involved county agencies
relating to a child who has died and who had previously come to the
attention of, or was under the supervision of, the county child
welfare agency.
   (b) The board may only receive and review the information in
closed session. A board of supervisors in a county with a foster care
population of more than 10,000 may take formal action to permit
individual board members' offices to receive and review the
information for the purpose of determining which cases should be
brought to the attention of the full board in closed session. The
information or records obtained shall be maintained in a manner that
ensures the maximum protection of privacy and confidentiality rights.
   (c) The board or its members and staff may not disclose or release
any information obtained pursuant to subdivision (a), unless
otherwise permitted by state law, and shall be bound by all state and
federal confidentiality laws.

16503.  (a) Subsequent to completion of the hearing conducted
pursuant to Section 366.25 or 366.26, the agency responsible for
placement and care of a minor, as defined in subdivision (e) of
Section 11400, shall ensure that a child in foster care shall receive
administrative reviews periodically but no less frequently than once
every six months. The administrative review shall determine the
appropriateness of the placement, the continuing appropriateness and
extent of compliance with the permanent plan for the child, the
extent of compliance with the case plan, and adequacy of services
provided to the child.
   (b) The term "administrative review" means a review open to the
participation of the parents of a child in foster care conducted by a
panel of appropriate persons at least one of whom is not responsible
for the case management of, or the delivery of services to either
the child or the parents who are the subject of the review.
   (c) The department shall develop and implement regulations
establishing processes, procedures and standards for the conduct of
administrative reviews that conform to Section 675.6 of Title 42 of
the United States Code.
   (d) The requirements of this section shall not be interpreted as
requiring duplicate concurrent court and administrative reviews.

16503.5.  (a) A placing agency shall provide a caregiver placement
agreement to the child's caregiver at the time of the child's
placement with that caregiver.
   (b) For purposes of this part, "caregiver placement agreement"
means a written agreement between the placing agency and the child's
caregiver. The department shall approve the format and content of the
placement agreement form to be used by a placing agency.
   (c) The agreement shall describe the terms and conditions of the
placement and any agreements made by the placing agency and the child'
s caregiver.
   (d) The agreement shall provide, at a minimum, the contact
information for the placing agency's social worker and the worker's
supervisor, including, but not limited to, telephone numbers,
facsimile numbers, and identifying information about the child,
including, but not limited to, the child's social security number, if
available, the child's Medi-Cal number or group health plan number
and information, if available, and the child's State Department of
Social Services identification number.
   (e) A county placing agency may modify the forms to meet local
needs by adding to the form requirements for information, but may not
delete the form's core elements as determined by the department.

16504.  (a) Any child reported to the county welfare department to
be endangered by abuse, neglect, or exploitation shall be eligible
for initial intake and evaluation of risk services. Each county
welfare department shall maintain and operate a 24-hour response
system. An immediate in-person response shall be made by a county
welfare department social worker in emergency situations in
accordance with regulations of the department. The person making any
initial response to a request for child welfare services shall
consider providing appropriate social services to maintain the child
safely in his or her own home. However, an in-person response is not
required when the county welfare department, based upon an evaluation
of risk, determines that an in-person response is not appropriate.
An evaluation of risk includes collateral contacts, a review of
previous referrals, and other relevant information.
   (b) A county welfare department social worker shall make an
in-person response whenever a referral is received pursuant to
Section 11254. Whenever a referral is received pursuant to Section
11254, the county welfare department social worker, within 20
calendar days from the receipt of the referral, shall determine
whether the physical or emotional health or safety of the individual
or child would be jeopardized if the individual and child lived in
the same residence with the individual's own parent or legal
guardian, or other adult relative.

16504.5.  (a) (1) Notwithstanding any other provision of law,
pursuant to subdivision (b) of Section 11105 of the Penal Code, a
child welfare agency may secure from an appropriate governmental
criminal justice agency the state summary criminal history
information, as defined in subdivision (a) of Section 11105 of the
Penal Code, through the California Law Enforcement Telecommunications
System pursuant to subdivision (d) of Section 309, and subdivision
(a) of Section 1522 of the Health and Safety Code for the following
purposes:
   (A) To conduct an investigation pursuant to Section 11166.3 of the
Penal Code or an investigation involving a child in which the child
is alleged to come within the jurisdiction of the juvenile court
under Section 300.
   (B) (i) To assess the appropriateness and safety of placing a
child who has been detained or is a dependent of the court, in the
home of a relative assessed pursuant to Section 309 or 361.4, or in
the home of a nonrelative extended family member assessed as
described in Section 362.7 during an emergency situation.
   (ii) When a relative or nonrelative family member who has been
assessed pursuant to clause (i) and approved as a caregiver moves to
a different county and continued placement of the child with that
person is intended, the move shall be considered an emergency
situation for purposes of this subparagraph.
   (C) To attempt to locate a parent or guardian pursuant to Section
311 of a child who is the subject of dependency court proceedings.
   (2) Any time that a child welfare agency initiates a criminal
background check through the California Law Enforcement
Telecommunications System for the purpose described in subparagraph
(B) of paragraph (1), the agency shall ensure that a state-level
fingerprint check is initiated within 10 calendar days of the check,
unless the whereabouts of the subject of the check are unknown or the
subject of the check refuses to submit to the fingerprint check. The
Department of Justice shall provide the requesting agency a copy of
all criminal history information regarding an individual that it
maintains pursuant to subdivision (b) of Section 11105 of the Penal
Code.
   (b) Criminal justice personnel shall cooperate with requests for
criminal history information authorized pursuant to this section and
shall provide the information to the requesting entity in a timely
manner.
   (c) Any law enforcement officer or person authorized by this
section to receive the information who obtains the information in the
record and knowingly provides the information to a person not
authorized by law to receive the information is guilty of a
misdemeanor as specified in Section 11142 of the Penal Code.
   (d) Information obtained pursuant to this section shall not be
used for any purposes other than those described in subdivision (a).
   (e) Nothing in this section shall preclude a relative or other
person living in a relative's home from refuting any of the
information obtained by law enforcement if the individual believes
the state- or federal-level criminal records check revealed erroneous
information.
   (f) (1) A state or county welfare agency may submit to the
Department of Justice fingerprint images and related information
required by the Department of Justice of parents or legal guardians
when determining their suitability for reunification with a dependent
child subject to the jurisdiction of the juvenile court, for the
purposes of obtaining information as to the existence and content of
a record of state or federal convictions and state or federal
arrests, as well as information as to the existence and content of a
record of state or federal arrests for which the Department of
Justice establishes that the person is free on bail or on his or her
own recognizance pending trial or appeal. Of the information received
by the Department of Justice pursuant to this subdivision, only the
parent's or legal guardian's criminal history for the time period
following the removal of the child from the parent or legal guardian
shall be considered.
   (2) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this subdivision. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and respond to the state or county
welfare agency.
   (3) The Department of Justice shall provide a response to the
state or county welfare agency pursuant to subdivision (p) of Section
11105 of the Penal Code.
   (4) The state or county welfare agency shall not request from the
Department of Justice subsequent arrest notification service, as
provided pursuant to Section 11105.2 of the Penal Code, for
individuals described in this subdivision.
   (5) The Department of Justice shall charge a fee sufficient to
cover the costs of processing the request described in this
subdivision.
   (6) This subdivision shall become operative on July 1, 2007.
   (g) A fee, determined by the Federal Bureau of Investigation and
collected by the Department of Justice, shall be charged for each
federal-level criminal offender record information request submitted
pursuant to this section and Section 361.4.

16506.  Family maintenance services shall be provided or arranged
for by county welfare department staff in order to maintain the child
in his or her own home. These services shall be limited to six
months, and may be extended in periods of six-month increments if it
can be shown that the objectives of the service plan can be achieved
within the extended time periods, and provided within the county's
allocation. Family maintenance services shall be available without
regard to income and shall only be provided to any of the following:
   (a) Families whose child or children have been adjudicated a
dependent of the court under Section 300, and where the court has
ordered the county welfare department to supervise while the child
remains in the child's home.
   (b) Families whose child is in potential danger of abuse, neglect,
or exploitation, who are willing to accept services and participate
in corrective efforts, and where it is safe for the child to remain
in the child's home only with the provision of services.
   (c) Families in which the child is in the care of a previously
noncustodial parent, under the supervision of the juvenile court.
   (d) Family maintenance services shall be provided to any
individual and child who are referred pursuant to Section 11254 and
who are not placed in foster care and who meet any of the criteria of
subdivision (b) of Section 11254. The services shall be provided
until the individual reaches 18 years of age.

16507.  (a) Family reunification services shall be provided or
arranged for by county welfare department staff in order to reunite
the child separated from his or her parent because of abuse, neglect,
or exploitation. These services shall not exceed 12 months except as
provided in subdivision (a) of Section 361.5 and subdivision (c) of
Section 366.3. Family reunification services shall be available
without regard to income to families whose child has been adjudicated
or is in the process of being adjudicated a dependent child of the
court under the provisions of Section 300. Family reunification
services shall include a plan for visitation of the child by his or
her grandparents, where the visitation is in the best interests of
the child and will serve to maintain and strengthen the family
relationships of the child.
   (b) Family reunification services shall only be provided when a
child has been placed in out-of-home care, or is in the care of a
previously noncustodial parent under the supervision of the juvenile
court.
   (c) When a minor has been placed in foster care with a nonparent,
family reunification services may be provided to one or both parents.
   (d) When a county child welfare services agency is providing one
parent with reunification services and the other parent is serving a
prison term for the conviction of child abuse, pursuant to Section
273a, 273ab, or 273d of the Penal Code, any sex offense specified as
being perpetrated against a minor, or an act of domestic violence,
the county child welfare services agency may request that the Board
of Prison Terms, with respect to inmates sentenced pursuant to
subdivision (b) of Section 1168 of the Penal Code, or the Department
of Corrections, with respect to inmates sentenced pursuant to Section
1170 of the Penal Code, provide the agency, during the time in which
reunification services are being provided, with notification that
the person is scheduled to be released on parole, or rereleased
following a period of confinement pursuant to a parole revocation
without a new commitment.

16507.2.  Prior to entering into a voluntary placement agreement
with a parent or guardian, the social worker shall make every attempt
to keep the family together by offering appropriate child welfare
services except in the case of a voluntary placement pending
relinquishment as provided for in subdivision (c) of Section 16507.4.

16507.3.  (a) Beginning on October 1, 1982, child welfare services
for children placed voluntarily after January 1, 1982, shall be
limited to a period not to exceed six months. Subject to the
availability of federal funding, voluntary placement services for
federally eligible children may be extended for an additional six
months, for a total period not to exceed 12 months for either of the
following:
   (1) Families who have a custodial parent or guardian in
residential substance abuse treatment who is demonstrating progress
that indicates the problems warranting the initial placement are
likely to be resolved within the extended time period.
   (2) Families whose minor child is seriously emotionally disturbed,
who requires placement in a residential treatment facility, who
otherwise would be likely to be found to fit the description in
subdivision (c) of Section 300, and who reasonably may be expected to
be returned home within the extended time period.
   (b) Whenever a seriously emotionally disturbed child as described
in paragraph (2) of subdivision (a) is initially voluntarily placed,
the initial placement shall be made pursuant to the approval of an
interagency administrative review board as described in paragraph (4)
of subdivision (a) of Section 16507.6.
   (c) The extension of voluntary placement services for an
additional six months shall be subject to the approval of an
administrative review board pursuant to paragraphs (4) and (5) of
subdivision (a) of Section 16507.6. The extension of voluntary
placement services is contingent upon the receipt of federal funding.
Any administrative and foster care costs that exceed the amount of
federal reimbursement shall be paid solely with county funds.
   (d) An otherwise eligible child placed voluntarily prior to
January 1, 1982, may remain eligible for child welfare services
without regard to the length of time in placement until April 1,
1984. Beginning on October 1, 1982, such a child shall receive
administrative review pursuant to the requirements of Section 16503.

16507.4.  (a) Notwithstanding any other provisions of this chapter,
voluntary family reunification services shall be provided without fee
to families who qualify, or would qualify if application had been
made therefor, as recipients of public assistance under the Aid to
Families with Dependent Children program. If the family is not
qualified for aid, voluntary family reunification services may be
utilized, provided that the county seeks reimbursement from the
parent or guardian on a statewide sliding scale according to income
as determined by the State Department of Social Services and approved
by the Department of Finance.
   (b) An out-of-home placement of a minor without adjudication by
the juvenile court may occur only when all of the following
conditions exist:
   (1) There is a mutual decision between the child's parent or
guardian and the county welfare department in accordance with
regulations promulgated by the State Department of Social Services.
   (2) There is a written agreement between the county welfare
department and the parent or guardian specifying the terms of the
voluntary placement. The State Department of Social Services shall
develop a form for voluntary placement agreements which shall be used
by all counties. The form shall indicate that foster care under the
Aid to Families with Dependent Children program is available to those
children.
   (3) In the case of an Indian child, in accordance with Section
1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.),
the following criteria are met:
   (A) The parent or Indian custodian's consent to the voluntary
out-of-home placement is executed in writing at least 10 days after
the child's birth and recorded before a judge.
   (B) The judge certifies that the terms and consequences of the
consent were fully explained in detail in English and were fully
understood by the parent or that they were interpreted into a
language that the parent understood.
   (C) A parent of an Indian child may withdraw his or her consent
for any reason at any time and the child shall be returned to the
parent.
   (c) In the case of a voluntary placement pending relinquishment, a
county welfare department shall have the option of delegating to a
licensed private adoption agency the responsibility for placement by
the county welfare department. If such a delegation occurs, the
voluntary placement agreement shall be signed by the county welfare
department, the child's parent or guardian, and the licensed private
adoption agency.
   (d) The State Department of Social Services shall amend its plan
pursuant to Part E (commencing with Section 670) of Subchapter IV of
Chapter 7 of Title 42 of the United States Code in order to conform
to mandates of Public Law 96-272 for federal financial participation
in voluntary placements.

16507.5.  (a) When a minor is separated or is in the process of
being separated from the minor's family under the provisions of a
voluntary placement agreement, the county welfare department or a
licensed private or public adoption agency social worker shall make
any and all reasonable and necessary provisions for the care,
supervision, custody, conduct, maintenance, and support of the minor,
including medical treatment.
   Responsibility for placement and care of the minor shall be with
the social worker who may place the minor in any of the following:
   (1) The approved home of a relative or the approved home of a
nonrelative extended family member as described in Section 362.7.
   (2) A suitable licensed community care facility.
   (3) With a foster family agency to be placed in a suitable
licensed home or other family home which has been certified by the
agency as meeting licensing standards.
   (4) A home or facility in accordance with the federal Indian Child
Welfare Act.
   (b) The granting of a community care license or approval status
does not entitle the caregiver to the placement of a specific child
or children. Placement is based on the child's needs and best
interests.

16507.6.  (a) If a minor has been voluntarily placed with the county
welfare department subsequent to January 1, 1982, for out-of-home
placement by his or her parents or guardians pursuant to this chapter
and the minor has remained out of their physical custody for six
consecutive months, the department shall do one of the following:
   (1) Return the minor to the physical custody of his or her parents
or guardians.
   (2) Refer the minor to a licensed adoption agency for
consideration of adoptive planning and receipt of a permanent
relinquishment of care and custody rights from the parents pursuant
to Section 8700 of the Family Code.
   (3) Apply for a petition pursuant to Section 332 and file the
petition with the juvenile court to have the minor declared a
dependent child of the court under Section 300.
   (4) Refer the minor placed pursuant to paragraph (2) of
subdivision (a) of Section 16507.3 to an interagency administrative
review board as may be required in federal regulations. One member of
the board shall be a licensed mental health practitioner. The review
board shall review the appropriateness and continued necessity of
six additional months of voluntary placement, the extent of the
compliance with the voluntary placement plan, and the adequacy of
services to the family and child. If the minor cannot be returned
home by the 12th month of voluntary placement services, the
department shall proceed pursuant to paragraph (2) or (3).
   (5) Refer the minor placed pursuant to paragraph (1) of
subdivision (a) of Section 16507.3 to an administrative review board
as may be required in federal regulations and as described in
subdivision (b) of Section 16503. If the minor cannot be returned
home by the 12th month of voluntary placement services, the
department shall proceed as described in paragraph (1) or (2).
   (b) For those children placed voluntarily prior to January 1,
1981, the six-month consecutive time period for provision of child
welfare services shall commence October 1, 1982.

16507.7.  Each agency or entity, except for a community college,
which offers a parenting course as part of a family maintenance or
family reunification effort for a parent or parents of a child who
has been adjudicated or is in the process of being adjudicated a
dependent child of the court under Section 300, or whose family is
participating in a voluntary family maintenance program, shall meet
all of the requirements specified in this section. Effective July 1,
1992, organizations which receive state funding for the purpose of
providing parenting courses shall meet those requirements as a
condition of receiving state funding. The requirements are as
follows:
   (a) Each parenting course shall be no more than six months in
duration, and shall meet for a specified number of hours determined
by each program as sufficient for the program to meet all of the
requirements listed in subdivision (b).
   (b) The curriculum shall include all of the following components:
   (1) Building self-esteem, including, but not limited to, parents'
building a positive parental identity and building the self-esteem of
their children.
   (2) Handling stress and anger.
   (3) The growth and development of children, including, but not
limited to, safety, nutrition, and health.
   (4) Developing and increasing communication skills in order that a
parent may learn to listen to and speak with his or her child or
children.
   (5) Learning to use positive disciplinary mechanisms as
alternatives to the physical punishment of a child, including, but
not limited to, learning what constitutes abuse and neglect.
   (6) Learning the boundaries of permissible sexual conduct by
adults with regard to children.
   (7) Respect for, and sensitivity to, cultural differences in child
rearing practices in addressing all of the topics listed in
paragraphs (1) to (6), inclusive.
   (c) Each parenting course is encouraged to have a maximum parent
to teacher ratio of 15 parents for each teacher.
   (d) Each parenting course is encouraged to conduct an initial
assessment and interview of each parent enrolled in the course.
   (e) Each parenting course shall give a preliminary examination
prior to the start of the parenting course and an examination at the
conclusion of the parenting course to measure changes in parental
attitudes.
   (f) Each parenting course shall enter into a written agreement
with each parent with respect to the responsibilities a parent must
satisfy in order to pass the course.
   (g) The staff of each parenting course shall have training in the
following areas:
   (1) The prevention of child abuse and neglect.
   (2) Parenting techniques.
   (h) Each parenting course shall provide all of the following
information to the county welfare department of the county in which
the course is taught, for clients referred through child welfare
services programs:
   (1) Level of participation by parents.
   (2) Number of course hours completed.
   (3) Topics covered during attendance in class by a parent and
topics covered during a parent's absence from class.
   (4) Assessment of a parent's gain in his or her knowledge about
parenting as demonstrated by tests prior to and after the parenting
course.

16508.  Permanent placement services shall be provided or arranged
for by county welfare department staff for children who cannot safely
live with their parents and are not likely to return to their own
homes. Permanent placement services shall be available without regard
to income to the following children:
   (a) Children judged dependent under Section 300 where a review has
determined that reunification, adoption, tribal customary adoption,
or guardianship is inappropriate.
   (b) Recipients of public assistance under nonfederally funded Aid
to Families with Dependent Children programs who are wards of a legal
guardian where a review has determined that reunification or
adoption is inappropriate.
   (c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.

16508.  Permanent placement services shall be provided or arranged
for by county welfare department staff for children who cannot safely
live with their parents and are not likely to return to their own
homes. Permanent placement services shall be available without regard
to income to the following children:
   (a) Children judged dependent under Section 300 where a review has
determined that reunification, adoption, or guardianship is
inappropriate.
   (b) Recipients of public assistance under nonfederally funded Aid
to Families with Dependent Children programs who are wards of a legal
guardian where a review has determined that reunification or
adoption is inappropriate.
   (c) This section shall become operative on January 1, 2014.

16508.1.  (a) For every child who is in foster care, or who enters
foster care, on or after January 1, 1999, and has been in foster care
for 15 of the most recent 22 months, the social worker shall submit
to the court a recommendation that the court set a hearing pursuant
to Section 366.26 for the purpose of terminating parental rights. The
social worker shall concurrently initiate and describe a plan to
identify, recruit, process and approve a qualified family for
adoption of the child.
   (b) The social worker is not required to submit the recommendation
as described in subdivision (a) if any of the following applies:
   (1) The case plan for the child has documented a compelling reason
or reasons why it is unlikely that the child will be adopted, as
determined by the department when it is acting as an adoption agency
or by the licensed adoption agency, and therefore termination of
parental rights would not be in the best interest of the child or
that one of the conditions set forth in paragraph (1) of subdivision
(c) of Section 366.26 applies.
   (2) A hearing under Section 366.26 is already set.
   (3) The court has found at the previous hearing under Section
366.21 that there is a substantial probability that the child will be
returned to the child's home within the extended period of time
permitted.
   (4) The court has found at the previous hearing under Section
366.21 that reasonable reunification services have not been offered
or provided.
   (5) The court has found at each and every hearing at which the
court was required to consider reasonable efforts or services that
reasonable efforts were not made or that reasonable services were not
offered or provided.
   (6) The incarceration or institutionalization of the parent or
parents, or the court-ordered participation of the parent or parents
in a residential substance abuse treatment program, constitutes a
significant factor in the child's placement in foster care for a
period of 15 of the most recent 22 months, and termination of
parental rights is not in the child's best interests, considering
factors such as the age of the child, the degree of parent and child
bonding, the length of the sentence, and the nature of the treatment
and the nature of the crime or illness.
   (7) Tribal customary adoption is recommended.
   (c) A recommendation to the court pursuant to subdivision (a)
shall not be made if the social worker documents in the case record a
compelling reason why a hearing pursuant to Section 366.26 is not in
the best interest of the child, or that reasonable efforts to safely
return the child home are continuing consistent with the time period
provided for in paragraph (1) of subdivision (g) of Section 366.21.
   (d) Beginning January 1, 1999, the county welfare department shall
implement a procedure for reviewing the application of this section
to the case plans of all children who have been in foster care for 15
out of the most recent 22 months. The review shall proceed within
the following timeframes:
   (1) By July 1, 1999, one-third of the children shall have been
reviewed, giving priority to children who have been in foster care
the greatest length of time.
   (2) By January 1, 2000, at least two-thirds of the children shall
have been reviewed.
   (3) By July 1, 2000, all children shall have been reviewed.
   (e) For purposes of this section, a child shall be considered 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 home of his or her parent or guardian.
   (f) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1,2014, deletes or extends
that date.

16508.1.  (a) For every child who is in foster care, or who enters
foster care, on or after January 1, 1999, and has been in foster care
for 15 of the most recent 22 months, the social worker shall submit
to the court a recommendation that the court set a hearing pursuant
to Section 366.26 for the purpose of terminating parental rights. The
social worker shall concurrently initiate and describe a plan to
identify, recruit, process and approve a qualified family for
adoption of the child.
   (b) The social worker is not required to submit the recommendation
as described in subdivision (a) if any of the following applies:
   (1) The case plan for the child has documented a compelling reason
or reasons why it is unlikely that the child will be adopted, as
determined by the department when it is acting as an adoption agency
or by the licensed adoption agency, and therefore termination of
parental rights would not be in the best interest of the child or
that one of the conditions set forth in paragraph (1) of subdivision
(c) of Section 366.26 applies.
   (2) A hearing under Section 366.26 is already set.
   (3) The court has found at the previous hearing under Section
366.21 that there is a substantial probability that the child will be
returned to the child's home within the extended period of time
permitted.
   (4) The court has found at the previous hearing under Section
366.21 that reasonable reunification services have not been offered
or provided.
   (5) The court has found at each and every hearing at which the
court was required to consider reasonable efforts or services that
reasonable efforts were not made or that reasonable services were not
offered or provided.
   (6) The incarceration or institutionalization of the parent or
parents, or the court-ordered participation of the parent or parents
in a residential substance abuse treatment program, constitutes a
significant factor in the child's placement in foster care for a
period of 15 of the most recent 22 months, and termination of
parental rights is not in the child's best interests, considering
factors such as the age of the child, the degree of parent and child
bonding, the length of the sentence, and the nature of the treatment
and the nature of the crime or illness.
   (c) A recommendation to the court pursuant to subdivision (a)
shall not be made if the social worker documents in the case record a
compelling reason why a hearing pursuant to Section 366.26 is not in
the best interest of the child, or that reasonable efforts to safely
return the child home are continuing consistent with the time period
provided for in paragraph (1) of subdivision (g) of Section 366.21.
   (d) Beginning January 1, 1999, the county welfare department shall
implement a procedure for reviewing the application of this section
to the case plans of all children who have been in foster care for 15
out of the most recent 22 months. The review shall proceed within
the following timeframes:
   (1) By July 1, 1999, one-third of the children shall have been
reviewed, giving priority to children who have been in foster care
the greatest length of time.
   (2) By January 1, 2000, at least two-thirds of the children shall
have been reviewed.
   (3) By July 1, 2000, all children shall have been reviewed.
   (e) For purposes of this section, a child shall be considered 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 home of his or her parent or guardian.
   (f) This section shall become operative on January 1, 2014.

16508.2.  It is the intent of the Legislature to establish
additional alternatives to foster care placements. Therapeutic day
services is an alternative which has been shown in other states to be
effective in reunifying families, and in avoiding or shortening the
time the children must stay in foster care, and in reunifying placed
children with their families. It has also been found to be
significantly less expensive than foster care.

16508.3.  (a) The State Department of Social Services shall
establish an advisory committee consisting of representatives of the
County Welfare Directors Association, the California Association of
Services for Children, the California Children's Lobby, and others as
deemed necessary by the department. The advisory committee shall
assist the department in the development of therapeutic day services
standards, as required by Section 1530.7 of the Health and Safety
Code, in order that these programs can be created as an alternative
to placement in foster care and as a means of reunifying children
with their families from these placements. The department shall
develop, with the assistance of the advisory committee, and submit a
report to the Legislature no later than October 1, 1991, which shall
include, but not be limited to, all of the following:
   (1) The types of children who would be served by therapeutic day
services programs.
   (2) The types of therapeutic day services which would be
authorized for funding.
   (3) An explanation of how the Level of Care Assessment Instrument,
developed under Section 11467, would be used to determine individual
need for therapeutic day services.
   (4) An explanation of how therapeutic day services could be
integrated into prevention programs established pursuant to Section
16500.5.
   (b) The State Director of Social Services shall report to the
Legislature immediately upon making the appointments to the advisory
committee required by subdivision (a).
   (c) This section shall become inoperative one year from the date
of the report specified in subdivision (b), and, as of the January 1
following the inoperative date, is repealed, unless a later enacted
statute, which becomes effective on or before the January 1 following
the inoperative date, deletes or extends the dates on which it
becomes inoperative and is repealed.

16509.  Cultural and religious child-rearing practices and beliefs
which differ from general community standards shall not in themselves
create a need for child welfare services unless the practices
present a specific danger to the physical or emotional safety of the
child.

16509.1.  No child who in good faith is under treatment solely by
spiritual means through prayer in accordance with the tenets and
practices of a recognized church or religious denomination by a duly
accredited practitioner thereof shall, for that reason alone, be
considered to have been neglected within the purview of this chapter.

16509.2.  The physical or mental incapacity, or both, in itself, of
a parent or a child, shall not result in a presumption of need for
child welfare services.

16511.  This chapter shall not be construed to give the department
or county welfare departments any law enforcement powers.
   Nothing in this chapter shall be construed in such a manner as to
give the department any law enforcement powers, nor to change or
interfere with the responsibility of law enforcement, probation
officers and departments to take direct action on behalf of children
as provided in Article 6 (commencing with Section 625) of Chapter 2
of Part 1 and Article 7 (commencing with Section 650) of Chapter 2 of
Part 1 of Division 2. Nor shall this part in any way relieve persons
administering and working in child welfare services programs from
the obligation resting on all citizens to report crimes to duly
authorized law enforcement agencies. Nothing herein shall be
construed as changing in any way the responsibility of probation
officers and departments for initiating juvenile court proceedings as
set forth in Article 7 (commencing with Section 650) of Chapter 2 of
Part 1 of Division 2, nor other duties and responsibilities assigned
to them by law.

16512.  (a) The department shall report every third year, commencing
in 1989, to the Legislature on the operation and progress of the
child welfare services program.
   (b) The report shall include both of the following:
   (1) The number of reported child abuse cases, on an aggregate
basis and on a county-by-county basis, and by types of abuse.
   (2) The disposition of cases reported, on an aggregate basis and
on a county-by-county basis.

16513.  Anyone participating in good faith in the making of a report
pursuant to this chapter shall have immunity from any liability,
civil or criminal, that might otherwise be incurred or imposed. Any
such participant shall have the same immunity with respect to
participation in any judicial proceeding resulting from the report.

16513.  Funding of this chapter is subject to the provisions of Part
1.5 (commencing with Section 10100) of this division.

16513.5.  Any party to a dependency proceeding may bring a motion
before the juvenile court to have a social worker removed from the
case. The juvenile court judge in the dependency proceeding shall
grant the motion if a preponderance of evidence shows that a conflict
of interest has occurred that would interfere with the social worker'
s ability to objectively carry out his or her duties, which may
include, but is not limited to, any of the following:
   (a) The social worker has had sexual contact, as defined in
Section 43.93 of the Civil Code, with any party to the dependency
proceedings.
   (b) The social worker has a relationship with an individual who is
adopting or attempting to adopt a child who is the subject of the
pending dependency proceeding, and the relationship is of such a
nature that a conflict of interest or bias may exist on the part of
the social worker which may compromise his or her objectivity.
   (c) The social worker has been convicted of perjury with regard to
the dependency proceeding before the court.

16514.  (a) A minor who has been voluntarily placed, adjudged a
dependent child of the juvenile court pursuant to Section 300, or as
to whom a petition has been filed under Section 325, may be housed in
an emergency shelter or, pursuant to the procedures for placement
set forth in this code, placed in a foster family home, or with a
foster family agency for subsequent placement in a suitable licensed
foster family home or certified family home, with minors adjudged
wards of the juvenile court pursuant to Section 601.
   (b) A minor who has been voluntarily placed, adjudged a dependent
child of the juvenile court pursuant to Section 300, or adjudged a
ward of the juvenile court pursuant to Section 601, shall not be
housed in an emergency shelter with any minor adjudged a ward of the
juvenile court pursuant to Section 602.
   (c) A minor who has been voluntarily placed, adjudged a dependent
child of the juvenile court pursuant to Section 300, or as to whom a
petition has been filed under Section 325, shall not be placed or
detained in a group home or licensed foster family home or with a
foster family agency to be subsequently placed in a certified family
home with any minor adjudged a ward of the juvenile court pursuant to
Section 601 or 602, unless the social worker or probation officer
has determined that the group home or licensed foster family home or
foster family agency has a program that meets the specific needs of
the minor being placed or detained, and there is a commonality of
needs with the other minors in the group home or licensed foster
family home or certified family home.
   (d) Nothing in this section shall transfer or eliminate the
responsibility of the placing agency for the care, custody, or
control of the child. Nothing in this section shall relieve a foster
family agency of its responsibilities for or on behalf of a child
placed with it.
   For purposes of this section, the placing of children by foster
family agencies shall be referred to as "subsequent placement" to
distinguish the activity from the placing by public agencies.

16516.  (a) No social worker or probation officer acting as an
officer of the court for purposes of this chapter shall, directly or
indirectly, lobby for, act as a consultant to, enter into a business
transaction with, acquire ownership of, or obtain a pecuniary
interest in, any business, whether organized for profit or as a
nonprofit entity, which has received any funds or income from
court-ordered child welfare services.
   (b) (1) Any public law enforcement agency or any private entity
shall have standing to bring an action seeking a civil remedy
pursuant to this section in any court of competent jurisdiction.
   (2) Any person who violates this section shall be subject to any
or all of the following remedies, as ordered by the court, in its
discretion:
   (A) Restitution of funds received in violation of this section.
   (B) Statutory damages of not less than one thousand dollars
($1,000), not to exceed treble the amount of the funds received in
violation of this section.
   (C) Actual damages resulting from a violation of this section.
   (D) Termination of the grant or contract.
   (E) Reasonable attorney's fees.
   (F) Any other relief that the court deems proper.
   (c) For purposes of this section, "court-ordered child welfare
services" include those services ordered by the court pursuant to
Sections 11450 and 16501 for a dependent or ward of the court.

16516.5.  (a) Notwithstanding any other provision of law or
regulation, all foster children placed in group homes by county
welfare departments or county probation departments shall be visited
at least monthly by a county social worker or probation officer. Each
visit shall include a private discussion between the foster child
and the county social worker or probation officer. The discussion
shall not be held in the presence or immediate vicinity of the group
home staff. The contents of the private discussion shall not be
disclosed to the group home staff, except that the social worker or
probation officer may disclose information under any of the following
circumstances:
   (1) The social worker or probation officer believes that the
foster child may be in danger of harming himself or herself, or
others.
   (2) The social worker or probation officer believes that
disclosure is necessary to meet the needs of the child.
   (3) The child consents to disclosure of the information.
   (b) Notwithstanding Section 10101, the state shall pay 100 percent
of the nonfederal costs associated with the monthly visitation
requirement in subdivision (a) in excess of the minimum semiannual
visits required under current regulations.

16516.6.  When a county social worker or probation officer makes a
regular visit with a child in any licensed, certified, or approved
foster home, the visit shall include a private discussion between the
foster child and the social worker or probation officer. The
discussion shall not be held in the presence or immediate vicinity of
the foster parent or caregiver. The contents of the private
discussion shall not be disclosed to the foster parent or caregiver,
except that the social worker or probation officer may disclose
information under any of the following circumstances:
   (a) The social worker or probation officer believes that the
foster child may be in danger of harming himself or herself, or
others.
   (b) The social worker or probation officer believes that
disclosure is necessary to meet the needs of the child.
   (c) The child consents to disclosure of the information.

16517.  (a) (1) It is the intent of the Legislature to accomplish
both of the following:
   (A) To prevent the unnecessary separation of children from their
families because of homelessness or the lack of shelter.
   (B) To assist in the reunification of foster children and their
families when housing remains a problem.
   (2) Through the Section 8 housing certificate program created by
Section 553 of the Cranston-Gonzalez National Affordable Housing Act
(P.L. 101-625), housing assistance may be made available to families
eligible for assistance under this program.
   (b) (1) For the purposes of the Section 8 housing certificate
program created by Section 553 of the Cranston-Gonzalez National
Affordable Housing Act (P.L. 101-625), the county department of
social services is designated "the public child welfare agency."
   (2) If a county chooses to participate in the Section 8 housing
certificate program, all of the following shall occur:
   (A) The county department of social services shall make the
determination, pursuant to Section 553 of the Cranston-Gonzalez
National Affordable Housing Act (P.L. 101-625), that an eligible
child is at imminent risk of placement in out-of-home care or that an
eligible child in out-of-home care under its supervision may be
returned to his or her family.
   (B) The county department of social services shall certify an
eligible family as one for which the lack of adequate housing is a
primary factor in the imminent placement of the family's child or
children in out-of-home care or in the delayed discharge of a child
or children to the family from out-of-home care.
   (C) The county department of social services shall transmit, in
writing, its certification pursuant to subparagraph (B) to the local
public housing agency responsible, pursuant to Section 34327.3 of the
Health and Safety Code, for administering assistance under the
Section 8 housing certificate program.
   (c) As used in this section, "Section 8" means Section 8 of the
United States Housing Act of 1937 (Sec. 1437 et seq., Title 42,
U.S.C.).
   (d) The State Department of Social Services may, upon the request
of a local public entity, provide technical assistance for the
purpose of developing applications and plans from the local public
entity for federal funding under the Section 8 housing certificate
program created by Section 553 of the Cranston-Gonzalez National
Affordable Housing Act (P.L. 101-625).
   (e) The State Department of Social Services is authorized to adopt
emergency regulations in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code in order to implement the purposes of this section.

16517.  (a) No social worker or probation officer acting as an
officer of the court shall make an out-of-home placement of a
dependent or ward of the court pursuant to this chapter with any of
the following:
   (1) Any relative of the social worker or probation officer
responsible for the placement of the child.
   (2) The spouse of any relative described in paragraph (1).
   (b) No social worker or probation officer acting as an officer of
the court shall receive compensation for the out-of-home placement of
a dependent or ward of the court other than the compensation
received as an employee of the county or the state.

16518.  The State Department of Social Services, in consultation
with county placement agencies, foster care providers, and other
interested community parties, shall establish criteria to be used for
conducting a comprehensive home study of a licensed or foster parent
that evaluates the ability, readiness, and willingness of the
licensed foster parent to meet the varying needs of children,
including, but not limited to, hard-to-place children. The department
shall consult with the Task Force on Accreditation of Services for
Children established pursuant to Section 1565 of the Health and
Safety Code, and shall, as appropriate, consider the accreditation
standards that are included in the accreditation plan when developing
the home study criteria. The home study criteria developed pursuant
to this section shall become operative at such time as the
regulations adopted pursuant to Section 1521.6 of the Health and
Safety Code are filed with the Secretary of State.

16519.  The Legislature finds and declares the following:
   (a) Safety, permanency, and well-being are crucial for the more
than 82,000 California children in foster care, and are paramount to
achieving both federal and state child welfare system improvement
goals. Foster children need safe homes with permanent connections to
family or other caring adults. The current licensing and approval
system, which screens families to care for foster children, fails to
support these outcomes.
   (b) Children in foster care live in a variety of out-of-home care
settings: licensed foster family homes, approved relative and
nonrelative extended family member homes, foster family agencies, and
group homes. All of these placement types, considered facilities
under current law, are required to meet the respective health and
safety standards in order to be licensed or approved. This has
produced administrative inefficiencies and confusion among
stakeholders, and has contributed to difficulty in recruiting
suitable foster family homes for children in out-of-home care.
Increasing the number of available suitable homes will improve the
likelihood that the best home will be initially identified to meet a
child's particular needs.
   (c) Child safety and well-being are not achieved solely by
ensuring that the home the child is placed in is free from physical
hazards and that adults living in the home do not have disqualifying
criminal convictions or past reports of child abuse. Child safety and
well-being are also dependent upon consideration of the resource
family's psychosocial history that includes physical health, mental
health, alcohol and substance abuse, family violence or abuse, and
experience caring for children.
   (d) Research shows that children in out-of-home care placed with
relatives and nonrelative extended family members are more stable,
more likely to be placed with siblings, and more likely to stay
connected to their community and extended family. California
statutory and regulatory provisions should maximize the likelihood
that a child will initially be placed in the care of a safe relative
or nonrelative extended family member who is willing to provide
permanent care if reunification cannot be achieved.
   (e) Families living in the same neighborhood as a family from
which a child has been removed are often best suited to provide for
the immediate placement needs of that child.
   (f) Families who provide care to children in out-of-home placement
are a valuable resource to the people of this state and to the
children for whom they provide care.

16519.5.  (a) The State Department of Social Services, in
consultation with county child welfare agencies, foster parent
associations, and other interested community parties, shall implement
a pilot program to establish a unified, family friendly, and
child-centered resource family approval process to replace the
existing multiple processes for licensing foster family homes,
approving relatives and nonrelative extended family members as foster
care providers, and approving adoptive families.
   (b) Up to five counties shall be selected to participate on a
voluntary basis in the pilot program, according to criteria developed
by the department in consultation with the County Welfare Directors
Association. In selecting the pilot counties, the department shall
promote diversity among the participating counties in terms of size
and geographic location.
   (c) (1) For the purposes of this section, "resource family" means
an individual or couple that a participating county determines to
have successfully met both the home approval standards and the
permanency assessment criteria adopted pursuant to subdivision (d)
necessary for providing care for a related or unrelated child who is
under the jurisdiction of the juvenile court, or otherwise in the
care of a county child welfare agency or probation department. A
resource family shall demonstrate all of the following:
   (A) An understanding of the safety, permanence, and well-being
needs of children who have been victims of child abuse and neglect,
and the capacity and willingness to meet those needs, including the
need for protection, and the willingness to make use of support
resources offered by the agency, or a support structure in place, or
both.
   (B) An understanding of children's needs and development,
effective parenting skills or knowledge about parenting, and the
capacity to act as a reasonable, prudent parent in day-to-day
decisionmaking.
   (C) An understanding of his or her role as a resource family and
the capacity to work cooperatively with the agency and other service
providers in implementing the child's case plan.
   (D) The financial ability within the household to ensure the
stability and financial security of the family.
   (E) An ability and willingness to maintain the least restrictive
and most familylike environment that serves the needs of the child.
   (2) Subsequent to meeting the criteria set forth in this
subdivision and designation as a resource family, a resource family
shall be considered eligible to provide foster care for related and
unrelated children in out-of-home placement, shall be considered
approved for adoption or guardianship, and shall not have to undergo
any additional approval or licensure as long as the family lives in a
county participating in the pilot program.
   (3) Resource family assessment and approval means that the
applicant meets the standard for home approval, and has successfully
completed a permanency assessment. This approval is in lieu of the
existing foster care license, relative or nonrelative extended family
member approval, and the adoption home study approval.
   (4) Approval of a resource family does not guarantee an initial or
continued placement of a child with a resource family.
   (d) Prior to implementation of this pilot program, the department
shall adopt standards pertaining to home approval and permanency
assessment of a resource family.
   (1) Resource family home approval standards shall include, but not
be limited to, all of the following:
   (A) (i) Criminal records clearance of all adults residing in the
home, pursuant to Section 8712 of the Family Code, utilizing a check
of the Child Abuse Central Index (CACI), a check of the Child Welfare
Services/Case Management System (CWS/CMS), receipt of a
fingerprint-based state criminal offender record information search
response, and submission of a fingerprint-based federal criminal
offender record information search.
   (ii) Consideration of any prior allegations of child abuse or
neglect against either the applicant or any other adult residing in
the home. An approval may not be granted to applicants whose criminal
record indicates a conviction for any of the offenses specified in
clause (i) of subparagraph (A) of paragraph (1) of subdivision (g) of
Section 1522 of the Health and Safety Code.
   (iii) Exemptions from the criminal records clearance requirements
set forth in this section may be granted by the director or the pilot
county, if that county has been granted permission by the director
to issue criminal records exemptions pursuant to Section 316.4, using
the exemption criteria currently used for foster care licensing as
specified in subdivision (g) of Section 1522 of the Health and Safety
Code.
   (B) Buildings and grounds, outdoor activity space, and storage
requirements set forth in Sections 89387, 89387.1, and 89387.2 of
Title 22 of the California Code of Regulations.
   (C) In addition to the foregoing requirements, the resource family
home approval standards shall also require the following:
   (i) That the applicant demonstrate an understanding about the
rights of children in care and his or her responsibility to safeguard
those rights.
   (ii) That the total number of children residing in the home of a
resource family shall be no more than the total number of children
the resource family can properly care for, regardless of status, and
shall not exceed six children, unless exceptional circumstances that
are documented in the foster child's case file exist to permit a
resource family to care for more children, including, but not limited
to, the need to place siblings together.
   (iii) That the applicant understands his or her responsibilities
with respect to acting as a reasonable and prudent parent, and
maintaining the least restrictive and most family-like environment
that serves the needs of the child.
   (D) The results of a caregiver risk assessment are consistent with
the factors listed in subparagraphs (A) to (D), inclusive, of
paragraph (1) of subdivision (c). A caregiver risk assessment shall
include, but not be limited to, physical and mental health, alcohol
and other substance use and abuse, and family and domestic violence.
   (2) The resource family permanency assessment standards shall
include, but not be limited to, all of the following:
   (A) The applicant shall complete caregiver training.
   (B) The applicant shall complete a psychosocial evaluation.
   (C) The applicant shall complete any other activities that relate
to a resource family's ability to achieve permanency with the child.
   (e) (1) A child may be placed with a resource family that has
received home approval prior to completion of a permanency assessment
only if a compelling reason for the placement exists based on the
needs of the child.
   (2) The permanency assessment shall be completed within 90 days of
the child's placement in the approved home, unless good cause exists
based upon the needs of the child.
   (3) If additional time is needed to complete the permanency
assessment, the county shall document the extenuating circumstances
for the delay and generate a timeframe for the completion of the
permanency assessment.
   (4) The county shall report to the department on a quarterly basis
the number of families with a child in an approved home whose
permanency assessment goes beyond 90 days and summarize the reasons
for these delays.
   (5) A child may be placed with a relative, as defined in Section
319, or nonrelative extended family member, as defined in Section
362.7, prior to home approval and completion of the permanency
assessment only on an emergency basis if all of the following
requirements are met:
   (A) Consideration of the results of a criminal records check
conducted pursuant to Section 16504.5 of the relative or nonrelative
extended family member and of every other adult in the home.
   (B) Consideration of the results of the Child Abuse Central Index
(CACI) consistent with Section 1522.1 of the Health and Safety Code
of the relative or nonrelative extended family member, and of every
other adult in the home.
   (C) The home and grounds are free of conditions that pose undue
risk to the health and safety of the child.
   (D) For any placement made pursuant to this paragraph, the county
shall initiate the home approval process no later than five business
days after the placement, which shall include a face-to-face
interview with the resource family applicant and child.
   (E) For any placement made pursuant to this paragraph, AFDC-FC
funding shall not be available until the home has been approved.
   (F) Any child placed under this section shall be afforded all the
rights set forth in Section 16001.9.
   (f) The State Department of Social Services shall be responsible
for all of the following:
   (1) Selecting pilot counties, based on criteria established by the
department in consultation with the County Welfare Directors
Association.
   (2) Establishing timeframes for participating counties to submit
an implementation plan, enter into terms and conditions for
participation in the pilot program, train appropriate staff, and
accept applications from resource families.
   (3) Entering into terms and conditions for participation in the
pilot program by counties.
   (4) Administering the pilot program through the issuance of
written directives that shall have the same force and effect as
regulations. Any directive affecting Article 1 (commencing with
Section 700) of Chapter 7 of Title 11 of the California Code of
Regulations shall be approved by the Department of Justice. The
directives shall be exempt from the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340)) of Part 1 of Division 3 of Title 2 of the Government Code.
   (5) Approving and requiring the use of a single standard for
resource family home approval and permanency assessment.
   (6) Adopting and requiring the use of standardized documentation
for the home approval and permanency assessment of resource families.
   (7) Requiring counties to monitor resource families including, but
not limited to, all of the following:
   (A) Investigating complaints of resource families.
   (B) Developing and monitoring resource family corrective action
plans to correct identified deficiencies and to rescind resource
family approval if compliance with corrective action plans is not
achieved.
   (8) Ongoing oversight and monitoring of county systems and
operations including all of the following:
   (A) Reviewing the county's implementation of the pilot program.
   (B) Reviewing an adequate number of approved resource families in
each participating county to ensure that approval standards are being
properly applied. The review shall include case file documentation,
and may include onsite inspection of individual resource families.
The review shall occur on an annual basis, and more frequently if the
department becomes aware that a participating county is experiencing
a disproportionate number of complaints against individual resource
family homes.
   (C) Reviewing county reports of serious complaints and incidents
involving approved resource families, as determined necessary by the
department. The department may conduct an independent review of the
complaint or incident and change the findings depending on the
results of its investigation.
   (D) Investigating unresolved complaints against participating
counties.
   (E) Requiring corrective action of counties that are not in full
compliance with the terms and conditions of the pilot program.
   (9) Terminating the participation of any county that fails to make
corrective action or who otherwise violates the terms and conditions
of participation in the pilot program.
   (10) Preparing or having prepared within 180 days after the
conclusion of the pilot program, and submitting to the Legislature, a
report on the results of the pilot program. The report shall include
all of the following:
   (A) An analysis, utilizing available data, of state and federal
data indicators related to the length of time to permanency including
reunification, guardianship and adoption, child safety factors, and
placement stability.
   (B) An analysis of resource family recruitment and retention
elements, including resource family satisfaction with approval
processes and changes regarding the population of available resource
families.
   (C) An analysis of cost, utilizing available data, including
funding sources.
   (D) An analysis of regulatory or statutory barriers to
implementing the pilot program on a statewide basis.
   (g) Counties participating in the pilot program shall be
responsible for all of the following:
   (1) Submitting an implementation plan, entering into terms and
conditions for participation in the pilot program, consulting with
the county probation department in the development of the
implementation plan, training appropriate staff, and accepting
applications from resource families within the timeframes established
by the department.
   (2) Complying with the written directives pursuant to paragraph
(4) of subdivision (f).
   (3) Implementing the requirements for resource family home
approval and permanency assessment and utilizing standardized
documentation established by the department.
   (4) Ensuring staff have the education and experience necessary to
complete the home approval and permanency assessment competently.
   (5) Approving and denying resource family applications, including
all of the following:
   (A) Rescinding home approvals and resource family approvals where
appropriate, consistent with the established standard.
   (B) Providing disapproved resource families requesting review of
that decision due process by conducting county grievance reviews
pursuant to the department's regulations.
   (C) Notifying the department of any decisions denying a resource
family's application or rescinding the approval of a resource family.
   (6) Updating resource family approval annually.
   (7) Monitoring resource families through all of the following:
   (A) Ensuring that social workers who identify a condition in the
home that may not meet the approval standards set forth in
subdivision (d) while in the course of a routine visit to children
placed with a resource family take appropriate action as needed.
   (B) Requiring resource families to comply with corrective action
plans as necessary to correct identified deficiencies. If corrective
action is not completed as specified in the plan, the county may
rescind the resource family approval.
   (C) Requiring resource families to report to the county child
welfare agency any incidents consistent with the reporting
requirements for licensed foster family homes.
   (8) Investigating all complaints against a resource family and
taking action as necessary. This shall include investigating any
incidents reported about a resource family indicating that the
approval standard is not being maintained.
   (A) The child's social worker shall not conduct the formal
investigation into the complaint received concerning a family
providing services under the standards required by subdivision (d).
To the extent that adequate resources are available, complaints shall
be investigated by a worker who did not initially perform the home
approval or permanency assessment.
   (B) Upon conclusion of the complaint investigation, the final
disposition shall be reviewed and approved by a supervising staff
member.
   (C) The department shall be notified of any serious incidents or
serious complaints or any incident that falls within the definition
of Section 11165.5 of the Penal Code. If those incidents or
complaints result in an investigation, the department shall also be
notified as to the status and disposition of that investigation.
   (9) Performing corrective action as required by the department.
   (10) Assessing county performance in related areas of the
California Child and Family Services Review System, and remedying
problems identified.
   (11) Submitting information and data that the department
determines is necessary to study, monitor, and prepare the report
specified in paragraph (10) of subdivision (f).
   (h) Approved relatives and nonrelated extended family members,
licensed foster family homes, or approved adoptive homes that have
completed the license or approval process prior to full
implementation of the pilot program shall not be considered part of
the pilot program. The otherwise applicable assessment and oversight
processes shall continue to be administered for families and
facilities not included in the pilot program.
   (i) Upon completion of the pilot program, the status of the
resource family's approval shall continue in full force and effect,
and the resource family shall be deemed approved for licensing,
relative and nonrelated extended family member approval,
guardianship, and adoption purposes.
   (j) The department may waive regulations that pose a barrier to
implementation and operation of this pilot program. The waiver of any
regulations by the department pursuant to this section shall apply
to only those counties participating in the pilot program and only
for the duration of the pilot program.
   (k) Resource families approved under this pilot program, who move
within a participating county or who move to another pilot program
county, shall retain their resource family status if the new building
and grounds, outdoor activity areas, and storage areas meet home
approval standards. The State Department of Social Services or pilot
county may allow a pilot program-affiliated individual to transfer
his or her subsequent arrest notification if the individual moves
from one pilot county to another pilot county, as specified in
subdivision (h) of Section 1522 of the Health and Safety Code.
   (l) (1) A resource family approved under this pilot program that
moves to a nonparticipating pilot program county shall lose its
status as a resource family. The new county of residence shall deem
the family approved for licensing, relative and nonrelated extended
family member approval, guardianship, and adoption purposes, under
the following conditions:
   (A) The new building and grounds, outdoor activity areas, and
storage areas meet applicable standards, unless the family is subject
to a corrective action plan.
   (B) There has been a criminal records clearance of all adults
residing in the home and exemptions granted, using the exemption
criteria currently used for foster care licensing, as specified in
subdivision (g) of Section 1522 of the Health and Safety Code.
   (2) A program-affiliated individual who moves to a nonpilot county
may not transfer his or her subsequent arrest notification from a
pilot county to the nonpilot county.
   (m) Implementation of the pilot program shall be contingent upon
the continued availability of federal Social Security Act Title IV-E
(42 U.S.C. Sec. 670) funds for costs associated with placement of
children with resource families assessed and approved under the
program.
   (n) Notwithstanding Section 11402, a child placed with a resource
family shall be eligible for AFDC-FC payments. A resource family
shall be paid an AFDC-FC rate pursuant to Sections 11460 and 11461.
Sharing ratios for nonfederal expenditures for all costs associated
with activities related to the approval of relatives and nonrelated
extended family members shall be in accordance with Section 10101.
   (o) The Department of Justice shall charge fees sufficient to
cover the cost of initial or subsequent criminal offender record
information and Child Abuse Central Index searches, processing, or
responses, as specified in this section.
   (p) Approved resource families under this pilot program shall be
exempt from all of the following:
   (1) Licensure requirements set forth under the Community Care
Facilities Act, commencing with Section 1500 of the Health and Safety
Code and all regulations promulgated thereto.
   (2) Relative and nonrelative extended family member approval
requirements set forth under Sections 309, 361.4, and 362.7, and all
regulations promulgated thereto.
   (3) Adoptions approval and reporting requirements set forth under
Section 8712 of the Family Code, and all regulations promulgated
thereto.
   (q) The pilot program shall be authorized to continue through the
end of the 2010-11 fiscal year, or through the end of the third full
fiscal year following the date that funds are made available for its
implementation, whichever of these dates is later.

16520.  The Legislature recognizes that wards and dependent children
share many characteristics, often have similar family histories, and
often require similar services such as out-of-home placement. The
Legislature also recognizes that while there are similarities in the
characteristics and service needs of the ward and dependent
populations, there are also significant differences, the first being
that the wards have been found responsible for committing offenses.
Given this difference, the Legislature deems it imperative that
placement agencies give special consideration when placing wards to
factors which are not as significant when placing dependent children,
including the effect on, including safety of, the community in which
the out-of-home placement facility is located. However, the
Legislature also acknowledges that for some wards, separate from the
issue of accountability and punishment with regard to the offense,
after satisfying the orders of the court with regard to the offense,
placement in the out-of-home care system, with board and care funded
through the Aid to Families with Dependent Children-Foster Care
program, is appropriate and in their best interest.
   In order to ensure that wards in the out-of-home care system, with
board and care funded through the Aid to Families with Dependent
Children-Foster Care program, receive appropriate services, and to
ensure that applicable federal and state statutory requirements are
met, it is the intent of the Legislature that the State Department of
Social Services, regulate and monitor these placement activities.

16521.  The State Department of Social Services, in consultation
with representatives of local probation departments, foster care
providers, and other interested parties, shall review federal and
state statutes, federal requirements, and state regulations
pertaining to the placement of children whose board and care is
funded through the Aid to Families with Dependent Children-Foster
Care program, and shall by January 1, 1995, develop regulations which
identify specific initial and ongoing placement activities which
must be performed by the probation department to ensure the needs of
wards in placement whose board and care is funded through the Aid to
Families with Dependent Children-Foster Care program are met.

16521.3.  (a) The Department of General Services and all other
affected state agencies shall cooperate with the State Department of
Social Services and the California Health and Human Services Agency
Data Center to expedite and achieve timely completion and review of
the Technical Architecture Alternatives Analysis Plan and all
procurements related to child welfare services.
   (b) Notwithstanding Section 11040 of the Government Code, the
State Department of Social Services may obtain outside legal counsel
to assist in negotiations for automation contracts related to child
welfare services.
   (c) The State Department of Social Services shall consult with
stakeholders, including the County Welfare Directors Association,
during the development of procurement and automation strategies
related to child welfare services.

16521.5.  (a) A foster care provider, in consultation with the
county case manager, shall be responsible for ensuring that
adolescents who remain in long-term foster care, as defined by the
department, receive age-appropriate pregnancy prevention information
to the extent state and county resources are provided.
   (b) A foster care provider, in consultation with the county case
manager, shall be responsible for ensuring that a foster youth is
provided with appropriate referrals to health services when the
foster youth either reaches the age of 18 or is emancipated, and to
the extent county and state resources are provided.
   (c) As part of the home study process, the prospective foster care
provider shall notify the county if he or she objects to
participating in adolescent pregnancy prevention training or the
dissemination of information pursuant to subdivisions (a) and (b). A
licensed foster care provider shall notify the county if he or she
objects to participation. If the provider objects, the county case
manager shall assume this responsibility.
   (d) Subdivisions (a), (b), and (c) shall not take effect until the
department, in consultation with the work group, develops guidelines
that describe the duties and responsibilities of foster care
providers and county case managers in delivering pregnancy prevention
services and information.
   (e) (1) The department, in consultation with the State Department
of Health Services, shall convene a working group for the purpose of
developing a pregnancy prevention plan that will effectively address
the needs of adolescent male and female foster youth. The work group
shall meet not more than three times and thereafter shall provide
consultation to the department upon request.
   (2) The working group shall include representatives from the
California Youth Connection, the Foster Parent's Association, group
home provider associations, the County Welfare Director's
Association, providers of teen pregnancy prevention programs, a
foster care case worker, an expert in pregnancy prevention curricula,
a representative of the Independent Living Program, and an
adolescent health professional.
   (f) The plan required pursuant to subdivision (e) shall include,
but not be limited to, all of the following:
   (1) Effective strategies and programs for pre-teen and older teen
foster youth.
   (2) The role of foster care and group home care providers.
   (3) The role of the assigned case management worker.
   (4) How to involve foster youth peers.
   (5) Selecting and providing appropriate materials to educate
foster youth in family life education.
   (6) The training of foster care and group home care providers and,
when necessary, county case managers in adolescent pregnancy
prevention.
   (g) Counties currently mandating foster care provider training
shall be encouraged to include the pregnancy prevention curricula
guidelines and educational materials that may be developed by the
work group pursuant to subdivision (f).
   (h) The department shall adopt regulations to implement this
section.