Amended in Assembly August 31, 2015

Amended in Assembly August 19, 2015

Senate Bill No. 731

Introduced by Senator Leno

(Coauthor: Senator Beall)

February 27, 2015

An act to add Section 1502.8 to the Health and Safety Code, and to amend begin delete Sections 16001.9 and 16501.1 of end delete begin insert Section 16001.9 of, and to add Section 16006 to, end insert the Welfare and Institutions Code, relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

SB 731, as amended, Leno. Foster children: housing: gender identity.

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Existing law provides that a minor may be adjudged a dependent child of the juvenile court under specified circumstances. Existing law authorizes the court to place a minor who has been removed from the custody of his or her parent or guardian in foster care, among other placements. Existing law extends certain foster care benefits to youth up to 21 years of age, known as nonminor dependents if specified conditions are met.

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Under existing law, a county social worker develops a case plan for a minor or nonminor dependent that, among other things, identifies specific goals and the appropriateness of the planned services in meeting those goals. Existing law requires, if out-of-home placement is used to attain case plan goals, the case plan to include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. Existing law also specifies certain factors that must be considered in making a placement decision.

This bill would begin delete require, in all settings, end delete begin insert require end insert children begin insert and nonminor dependents end insert in an out-of-home placement to be placed according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. By expanding the duties of counties relating to the placement of foster children and nonminor dependents, this bill would impose a state-mandated local program.

Existing law provides that it is the policy of the state that all minors and nonminors in foster care have specified rights, including, among others, the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.

This bill would additionally specify that all minors and nonminors in foster care have the right to be placed in out-of-home care according to their gender identity, regardless of the gender or sex listed in their court or child welfare records. The bill would require the State Department of Social Services to adopt regulations consistent with this provision.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 1502.8 is added to the Health and Safety
Code, to read:

1502.8.  

The department shall adopt regulations consistent with
paragraph (24) of subdivision (a) of Section 16001.9 of the Welfare
and Institutions Code.

SEC. 2.  

Section 16001.9 of the Welfare and Institutions Code
is amended to read:

16001.9.  

(a) It is the policy of the state that all minors and
nonminors in foster care shall have the following rights:

(1) To live in a safe, healthy, and comfortable home where he
or she is treated with respect.

(2) To be free from physical, sexual, emotional, or other abuse,
or corporal punishment.

(3) To receive adequate and healthy food, adequate clothing,
and, for youth in group homes, an allowance.

(4) To receive medical, dental, vision, and mental health
services.

(5) To be free of the administration of medication or chemical
substances, unless authorized by a physician.

(6) To contact family members, unless prohibited by court order,
and social workers, attorneys, foster youth advocates and
supporters, Court Appointed Special Advocates (CASAs), and
probation officers.

(7) To visit and contact brothers and sisters, unless prohibited
by court order.

(8) To contact the Community Care Licensing Division of the
State Department of Social Services or the State Foster Care
Ombudsperson regarding violations of rights, to speak to
representatives of these offices confidentially, and to be free from
threats or punishment for making complaints.

(9) To make and receive confidential telephone calls and send
and receive unopened mail, unless prohibited by court order.

(10) To attend religious services and activities of his or her
choice.

(11) To maintain an emancipation bank account and manage
personal income, consistent with the child’s age and developmental
level, unless prohibited by the case plan.

(12) To not be locked in a room, building, or facility premises,
unless placed in a community treatment facility.

(13) To attend school and participate in extracurricular, cultural,
and personal enrichment activities, consistent with the child’s age
and developmental level, with minimal disruptions to school
attendance and educational stability.

(14) To work and develop job skills at an age-appropriate level,
consistent with state law.

(15) To have social contacts with people outside of the foster
care system, including teachers, church members, mentors, and
friends.

(16) To attend Independent Living Program classes and activities
if he or she meets age requirements.

(17) To attend court hearings and speak to the judge.

(18) To have storage space for private use.

(19) To be involved in the development of his or her own case
plan and plan for permanent placement.

(20) To review his or her own case plan and plan for permanent
placement, if he or she is 12 years of age or older and in a
permanent placement, and to receive information about his or her
out-of-home placement and case plan, including being told of
changes to the plan.

(21) To be free from unreasonable searches of personal
belongings.

(22) To the confidentiality of all juvenile court records consistent
with existing law.

(23) To have fair and equal access to all available services,
placement, care, treatment, and benefits, and to not be subjected
to discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or physical
disability, or HIV status.

(24) To be placed in out-of-home care according to their gender
identity, regardless of the gender or sex listed in their court or child
welfare records.

(25) To have caregivers and child welfare personnel who have
received instruction on cultural competency and sensitivity relating
to, and best practices for, providing adequate care to lesbian, gay,
bisexual, and transgender youth in out-of-home care.

(26) At 16 years of age or older, to have access to existing
information regarding the educational options available, including,
but not limited to, the coursework necessary for vocational and
postsecondary educational programs, and information regarding
financial aid for postsecondary education.

(27) To have access to age-appropriate, medically accurate
information about reproductive health care, the prevention of
unplanned pregnancy, and the prevention and treatment of sexually
transmitted infections at 12 years of age or older.

(b) Nothing in this section shall be interpreted to require a foster
care provider to take any action that would impair the health and
safety of children in out-of-home placement.

(c) The State Department of Social Services and each county
welfare department are encouraged to work with the Student Aid
Commission, the University of California, the California State
University, and the California Community Colleges to receive
information pursuant to paragraph (26) of subdivision (a).

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SEC. 3.  

Section 16501.1 of the Welfare and Institutions Code
is amended to read:

16501.1.  

(a) (1) The Legislature finds and declares that the
foundation and central unifying tool in child welfare services is
the case plan.

(2) The Legislature further finds and declares that a case plan
ensures that the child receives protection and safe and proper care
and case management, and that services are provided to the child
and parents or other caretakers, as appropriate, in order to improve
conditions in the parent’s home, to facilitate the safe return of the
child to a safe home or the permanent placement of the child, and
to address the needs of the child while in foster care.

(b) (1) A case plan shall be based upon the principles of this
section and shall document that a preplacement assessment of the
service needs of the child and family, and preplacement preventive
services, have been provided, and that reasonable efforts to prevent
out-of-home placement have been made.

(2) In determining the reasonable services to be offered or
provided, the child’s health and safety shall be the paramount
concerns.

(3) Upon a determination pursuant to paragraph (1) of
subdivision (e) of Section 361.5 that reasonable services will be
offered to a parent who is incarcerated in a county jail or state
prison, detained by the United States Department of Homeland
Security, or deported to his or her country of origin, the case plan
shall include information, to the extent possible, about a parent’s
incarceration in a county jail or the state prison, detention by the
United States Department of Homeland Security, or deportation
during the time that a minor child of that parent is involved in
dependency care.

(4) Reasonable services shall be offered or provided to make it
possible for a child to return to a safe home environment, unless,
pursuant to subdivisions (b) and (e) of Section 361.5, the court
determines that reunification services shall not be provided.

(5) If reasonable services are not ordered, or are terminated,
reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanent plan and to complete
all steps necessary to finalize the permanent placement of the child.

(c) (1) If out-of-home placement is used to attain case plan
goals, the case plan shall include a description of the type of home
or institution in which the child is to be placed, and the reasons
for that placement decision. 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, and consistent with the selection
of the environment best suited to meet the child’s special needs
and best interests. The selection shall consider, in order of priority,
placement with relatives, nonrelated extended family members,
tribal members, and foster family homes, certified homes of foster
family agencies, intensive treatment or multidimensional treatment
foster care homes, group care placements, such as group homes
and community treatment facilities, and residential treatment
pursuant to Section 7950 of the Family Code. In all settings,
children shall be placed according to their gender identity,
regardless of the gender or sex listed in their court or child welfare
records.

(2) If a group care placement is selected for a child, the case
plan shall indicate the needs of the child that necessitate this
placement, the plan for transitioning the child to a less restrictive
environment, and the projected timeline by which the child will
be transitioned to a less restrictive environment. This section of
the case plan shall be reviewed and updated at least semiannually.

(3) On or after January 1, 2012, for a nonminor dependent, as
defined in subdivision (v) of Section 11400, who is receiving
AFDC-FC benefits up to 21 years of age pursuant to Section 11403,
in addition to the above requirements, the selection of the
placement, including a supervised independent living placement,
as described in subdivision (w) of Section 11400, shall also be
based upon the developmental needs of young adults by providing
opportunities to have incremental responsibilities that prepare a
nonminor dependent to transition to independent living. If
admission to, or continuation in, a group home placement is being
considered for a nonminor dependent, the group home placement
approval decision shall include a youth-driven, team-based case
planning process, as defined by the department, in consultation
with stakeholders. The case plan shall consider the full range of
placement options, and shall specify why admission to, or
continuation in, a group home placement is the best alternative
available at the time to meet the special needs or well-being of the
nonminor dependent, and how the placement will contribute to the
nonminor dependent’s transition to independent living. The case
plan shall specify the treatment strategies that will be used to
prepare the nonminor dependent for discharge to a less restrictive
and more familylike setting, including a target date for discharge
from the group home placement. The placement shall be reviewed
and updated on a regular, periodic basis to ensure that continuation
in the group home remains in the best interests of the nonminor
dependent and that progress is being made in achieving case plan
goals leading to independent living. The group home placement
planning process shall begin as soon as it becomes clear to the
county welfare department or probation office that a foster child
in group home placement is likely to remain in group home
placement on his or her 18th birthday, in order to expedite the
transition to a less restrictive and more familylike setting if he or
she becomes a nonminor dependent. The case planning process
shall include informing the youth of all of his or her options,
including, but not limited to, admission to or continuation in a
group home placement. Consideration for continuation of existing
group home placement for a nonminor dependent under 19 years
of age may include the need to stay in the same placement in order
to complete high school. After a nonminor dependent either
completes high school or attains his or her 19th birthday, whichever
is earlier, continuation in or admission to a group home is
prohibited unless the nonminor dependent satisfies the conditions
of paragraph (5) of subdivision (b) of Section 11403, and group
home placement functions as a short-term transition to the
appropriate system of care. Treatment services provided by the
group home placement to the nonminor dependent to alleviate or
ameliorate the medical condition, as described in paragraph (5) of
subdivision (b) of Section 11403, shall not constitute the sole basis
to disqualify a nonminor dependent from the group home
placement.

(4) In addition to the requirements of paragraphs (1) to (3),
inclusive, and taking into account other statutory considerations
regarding placement, the selection of the most appropriate home
that will meet the child’s special needs and best interests shall also
promote educational stability by taking into consideration
proximity to the child’s school of origin, and school attendance
area, the number of school transfers the child has previously
experienced, and the child’s school matriculation schedule, in
addition to other indicators of educational stability that the
Legislature hereby encourages the State Department of Social
Services and the State Department of Education to develop.

(d) A written case plan shall be completed within a maximum
of 60 days of the initial removal of the child or of the in-person
response required under subdivision (f) of Section 16501 if the
child has not been removed from his or her home, or by the date
of the dispositional hearing pursuant to Section 358, whichever
occurs first. The case plan shall be updated, as the service needs
of the child and family dictate. At a minimum, the case plan shall
be updated in conjunction with each status review hearing
conducted pursuant to Sections 364, 366, 366.3, and 366.31, 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 placement agency 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 probation officer, or a social
worker or probation officer on the staff of the 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
placement agency contact with the foster child, the child’s social
worker or probation officer shall inform the child of his or her
rights as a foster child, as specified in Section 16001.9. The social
worker or probation officer shall provide the information to the
child in a manner appropriate to the age or developmental level of
the child.

(5) (A) When out-of-home services are used, the frequency of
contact between the natural parents or legal guardians and the child
shall be specified in the case plan. The frequency of those contacts
shall reflect overall case goals, and consider other principles
outlined in this section.

(B) Information regarding any court-ordered visitation between
the child and the natural parents or legal guardians, and the terms
and conditions needed to facilitate the visits while protecting the
safety of the child, shall be provided to the child’s out-of-home
caregiver as soon as possible after the court order is made.

(6) When out-of-home placement is made, the case plan shall
include provisions for the development and maintenance of sibling
relationships as specified in subdivisions (b), (c), and (d) of Section
16002. If appropriate, when siblings who are dependents of the
juvenile court are not placed together, the social worker for each
child, if different, shall communicate with each of the other social
workers and ensure that the child’s siblings are informed of
significant life events that occur within their extended family.
Unless it has been determined that it is inappropriate in a particular
case to keep siblings informed of significant life events that occur
within the extended family, the social worker shall determine the
appropriate means and setting for disclosure of this information
to the child commensurate with the child’s age and emotional
well-being. These significant life events shall include, but shall
not be limited to, the following:

(A) The death of an immediate relative.

(B) The birth of a sibling.

(C) Significant changes regarding a dependent child, unless the
child objects to the sharing of the information with his or her
siblings, including changes in placement, major medical or mental
health diagnoses, treatments, or hospitalizations, arrests, and
changes in the permanent plan.

(7) If out-of-home placement is made in a foster family home,
group home, or other child care institution that is either a
substantial distance from the home of the child’s parent or out of
state, the case plan shall specify the reasons why that placement
is in the best interest of the child. When an out-of-state group home
placement is recommended or made, the case plan shall, in
addition, specify compliance with Section 7911.1 of the Family
Code.

(8) Effective January 1, 2010, a case plan shall ensure the
educational stability of the child while in foster care and shall
include both of the following:

(A) An assurance that the placement takes into account the
appropriateness of the current educational setting and the proximity
to the school in which the child is enrolled at the time of placement.

(B) An assurance that the placement agency has coordinated
with the person holding the right to make educational decisions
for the child and appropriate local educational agencies to ensure
that the child remains in the school in which the child is enrolled
at the time of placement or, if remaining in that school is not in
the best interests of the child, assurances by the placement agency
and the local educational agency to provide immediate and
appropriate enrollment in a new school and to provide all of the
child’s educational records to the new school.

(9) (A) If out-of-home services are used, or if parental rights
have been terminated and the case plan is placement for adoption,
the case plan shall include a recommendation regarding the
appropriateness of unsupervised visitation between the child and
any of the child’s siblings. This recommendation shall include a
statement regarding the child’s and the siblings’ willingness to
participate in unsupervised visitation. If the case plan includes a
recommendation for unsupervised sibling visitation, the plan shall
also note that information necessary to accomplish this visitation
has been provided to the child or to the child’s siblings.

(B) Information regarding the schedule and frequency of the
visits between the child and siblings, as well as any court-ordered
terms and conditions needed to facilitate the visits while protecting
the safety of the child, shall be provided to the child’s out-of-home
caregiver as soon as possible after the court order is made.

(10) If out-of-home services are used and the goal is
reunification, the case plan shall describe the services to be
provided to assist in reunification and the services to be provided
concurrently to achieve legal permanency if efforts to reunify fail.
The plan shall also consider in-state and out-of-state placements,
the importance of developing and maintaining sibling relationships
pursuant to Section 16002, and the desire and willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful.

(11) If out-of-home services are used, the child has been in care
for at least 12 months, and the goal is not adoptive placement, the
case plan shall include documentation of the compelling reason
or reasons why termination of parental rights is not in the child’s
best interest. A determination completed or updated within the
past 12 months by the department when it is acting as an adoption
agency or by a licensed adoption agency that it is unlikely that the
child will be adopted, or that one of the conditions described in
paragraph (1) of subdivision (c) of Section 366.26 applies, shall
be deemed a compelling reason.

(12) (A) Parents and legal guardians shall have an opportunity
to review the case plan, and to sign it whenever possible, and then
shall receive a copy of the plan. In a voluntary service or placement
agreement, the parents or legal guardians shall be required to
review and sign the case plan. Whenever possible, parents and
legal guardians shall participate in the development of the case
plan. Commencing January 1, 2012, for nonminor dependents, as
defined in subdivision (v) of Section 11400, who are receiving
AFDC-FC or CalWORKs assistance up to 21 years of age pursuant
to Section 11403, the transitional independent living case plan, as
set forth in subdivision (y) of Section 11400, shall be developed
with, and signed by, the nonminor.

(B) Parents and legal guardians shall be advised that, pursuant
to Section 1228.1 of the Evidence Code, neither their signature on
the child welfare services case plan nor their acceptance of any
services prescribed in the child welfare services case plan shall
constitute an admission of guilt or be used as evidence against the
parent or legal guardian in a court of law. However, they shall also
be advised that the parent’s or guardian’s failure to cooperate,
except for good cause, in the provision of services specified in the
child welfare services case plan may be used in any hearing held
pursuant to Section 366.21, 366.22, or 366.25 as evidence.

(13) A child shall be given a meaningful opportunity to
participate in the development of the case plan and state his or her
preference for foster care placement. A child who is 12 years of
age or older and in a permanent placement shall also be given the
opportunity to review the case plan, sign the case plan, and receive
a copy of the case plan.

(14) The case plan shall be included in the court report and shall
be considered by the court at the initial hearing and each review
hearing. Modifications to the case plan made during the period
between review hearings need not be approved by the court if the
casework supervisor for that case determines that the modifications
further the goals of the plan. If out-of-home services are used with
the goal of family reunification, the case plan shall consider and
describe the application of subdivision (b) of Section 11203.

(15) If the case plan has as its goal for the child a permanent
plan of adoption or placement in another permanent home, it shall
include a statement of the child’s wishes regarding their permanent
placement plan and an assessment of those stated wishes. The
agency shall also include documentation of the steps the agency
is taking to find an adoptive family or other permanent living
arrangements for the child; to place the child with an adoptive
family, an appropriate and willing relative, a legal guardian, or in
another planned permanent living arrangement; and to finalize the
adoption or legal guardianship. At a minimum, the documentation
shall include child-specific recruitment efforts, such as the use of
state, regional, and national adoption exchanges, including
electronic exchange systems, when the child has been freed for
adoption. If the plan is for kinship guardianship, the case plan shall
document how the child meets the kinship guardianship eligibility
requirements.

(16) (A) When appropriate, for a child who is 16 years of age
or older and, commencing January 1, 2012, for a nonminor
dependent, the case plan shall include the transitional independent
living plan (TILP), a written description of the programs and
services that will help the child, consistent with the child’s best
interests, to prepare for the transition from foster care to
independent living, and, in addition, whether the youth has an
in-progress application pending for Title XVI Supplemental
Security Income benefits or for Special Immigrant Juvenile Status
or other applicable application for legal residency and an active
dependency case is required for that application. When appropriate,
for a nonminor dependent, the transitional independent living case
plan, as described in subdivision (v) of Section 11400, shall include
the TILP, a written description of the programs and services that
will help the nonminor dependent, consistent with his or her best
interests, to prepare for transition from foster care and assist the
youth in meeting the eligibility criteria set forth in paragraphs (1)
to (5), inclusive, of subdivision (b) Section 11403. If applicable,
the case plan shall describe the individualized supervision provided
in the supervised independent living placement as defined in
subdivision (w) of Section 11400. The case plan shall be developed
with the child or nonminor dependent and individuals identified
as important to the child or nonminor dependent, and shall include
steps the agency is taking to ensure that the child or nonminor
dependent achieves permanence, including maintaining or
obtaining permanent connections to caring and committed adults.

(B) During the 90-day period prior to the participant attaining
18 years of age or older as the state may elect under Section
475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec.
675(8)(B)(iii)), 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 of the federal
Social Security Act (42 U.S.C. Sec. 677), a caseworker or other
appropriate agency staff or probation officer and other
representatives of the participant, as appropriate, shall provide the
youth or nonminor with assistance and support in developing the
written 90-day transition plan, that is personalized at the direction
of the child, information as detailed as the participant elects that
shall include, but not be limited to, options regarding housing,
health insurance, education, local opportunities for mentors and
continuing support services, and workforce supports and
employment services, a power of attorney for health care, and
information regarding the advance health care directive form.

(C) For youth 16 years of age or older, the case plan shall
include documentation that a consumer credit report was requested
annually from each of the three major credit reporting agencies at
no charge to the youth and that any results were provided to the
youth. For nonminor dependents, the case plan shall include
documentation that the county assisted the nonminor dependent
in obtaining his or her reports. The case plan shall include
documentation of barriers, if any, to obtaining the credit reports.
If the consumer credit report reveals any accounts, the case plan
shall detail how the county ensured the youth received assistance
with interpreting the credit report and resolving any inaccuracies,
including any referrals made for the assistance.

(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 is 10 years of age or older and 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 or probation officer 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 or probation officer 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. The nonminor dependent’s
caregiver shall be provided with a copy of the nonminor’s TILP.

(k) On or before June 30, 2008, the department, in consultation
with the County Welfare Directors Association of California 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.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 16006 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 16006. end insert   

Children and nonminor dependents in out-of-home care
shall be placed according to their gender identity, regardless of
the gender or sex listed in their court or child welfare records.

end insert

SEC. 4.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.