Amended in Assembly August 31, 2015

Amended in Assembly August 19, 2015

Senate BillNo. 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 amendbegin delete Sections 16001.9 and 16501.1 ofend deletebegin 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.

begin insert

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.

end insert

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 wouldbegin delete require, in all settings,end deletebegin insert requireend insert childrenbegin insert and nonminor dependentsend 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:

P2    1

SECTION 1.  

Section 1502.8 is added to the Health and Safety
2Code
, to read:

3

1502.8.  

The department shall adopt regulations consistent with
4paragraph (24) of subdivision (a) of Section 16001.9 of the Welfare
5and Institutions Code.

6

SEC. 2.  

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

P3    1

16001.9.  

(a) It is the policy of the state that all minors and
2nonminors in foster care shall have the following rights:

3(1) To live in a safe, healthy, and comfortable home where he
4or she is treated with respect.

5(2) To be free from physical, sexual, emotional, or other abuse,
6or corporal punishment.

7(3) To receive adequate and healthy food, adequate clothing,
8and, for youth in group homes, an allowance.

9(4) To receive medical, dental, vision, and mental health
10services.

11(5) To be free of the administration of medication or chemical
12substances, unless authorized by a physician.

13(6) To contact family members, unless prohibited by court order,
14and social workers, attorneys, foster youth advocates and
15supporters, Court Appointed Special Advocates (CASAs), and
16probation officers.

17(7) To visit and contact brothers and sisters, unless prohibited
18by court order.

19(8) To contact the Community Care Licensing Division of the
20State Department of Social Services or the State Foster Care
21Ombudsperson regarding violations of rights, to speak to
22representatives of these offices confidentially, and to be free from
23threats or punishment for making complaints.

24(9) To make and receive confidential telephone calls and send
25and receive unopened mail, unless prohibited by court order.

26(10) To attend religious services and activities of his or her
27choice.

28(11) To maintain an emancipation bank account and manage
29personal income, consistent with the child’s age and developmental
30level, unless prohibited by the case plan.

31(12) To not be locked in a room, building, or facility premises,
32unless placed in a community treatment facility.

33(13) To attend school and participate in extracurricular, cultural,
34and personal enrichment activities, consistent with the child’s age
35and developmental level, with minimal disruptions to school
36attendance and educational stability.

37(14) To work and develop job skills at an age-appropriate level,
38consistent with state law.

P4    1(15) To have social contacts with people outside of the foster
2care system, including teachers, church members, mentors, and
3friends.

4(16) To attend Independent Living Program classes and activities
5if he or she meets age requirements.

6(17) To attend court hearings and speak to the judge.

7(18) To have storage space for private use.

8(19) To be involved in the development of his or her own case
9plan and plan for permanent placement.

10(20) To review his or her own case plan and plan for permanent
11placement, if he or she is 12 years of age or older and in a
12permanent placement, and to receive information about his or her
13out-of-home placement and case plan, including being told of
14changes to the plan.

15(21) To be free from unreasonable searches of personal
16belongings.

17(22) To the confidentiality of all juvenile court records consistent
18with existing law.

19(23) To have fair and equal access to all available services,
20placement, care, treatment, and benefits, and to not be subjected
21to discrimination or harassment on the basis of actual or perceived
22race, ethnic group identification, ancestry, national origin, color,
23religion, sex, sexual orientation, gender identity, mental or physical
24disability, or HIV status.

25(24) To be placed in out-of-home care according to their gender
26identity, regardless of the gender or sex listed in their court or child
27welfare records.

28(25) To have caregivers and child welfare personnel who have
29received instruction on cultural competency and sensitivity relating
30to, and best practices for, providing adequate care to lesbian, gay,
31bisexual, and transgender youth in out-of-home care.

32(26) At 16 years of age or older, to have access to existing
33information regarding the educational options available, including,
34but not limited to, the coursework necessary for vocational and
35postsecondary educational programs, and information regarding
36financial aid for postsecondary education.

37(27) To have access to age-appropriate, medically accurate
38information about reproductive health care, the prevention of
39unplanned pregnancy, and the prevention and treatment of sexually
40transmitted infections at 12 years of age or older.

P5    1(b) Nothing in this section shall be interpreted to require a foster
2care provider to take any action that would impair the health and
3safety of children in out-of-home placement.

4(c) The State Department of Social Services and each county
5welfare department are encouraged to work with the Student Aid
6Commission, the University of California, the California State
7University, and the California Community Colleges to receive
8information pursuant to paragraph (26) of subdivision (a).

begin delete
9

SEC. 3.  

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

11

16501.1.  

(a) (1) The Legislature finds and declares that the
12foundation and central unifying tool in child welfare services is
13the case plan.

14(2) The Legislature further finds and declares that a case plan
15ensures that the child receives protection and safe and proper care
16and case management, and that services are provided to the child
17and parents or other caretakers, as appropriate, in order to improve
18conditions in the parent’s home, to facilitate the safe return of the
19child to a safe home or the permanent placement of the child, and
20to address the needs of the child while in foster care.

21(b) (1) A case plan shall be based upon the principles of this
22section and shall document that a preplacement assessment of the
23service needs of the child and family, and preplacement preventive
24services, have been provided, and that reasonable efforts to prevent
25out-of-home placement have been made.

26(2) In determining the reasonable services to be offered or
27provided, the child’s health and safety shall be the paramount
28concerns.

29(3) Upon a determination pursuant to paragraph (1) of
30subdivision (e) of Section 361.5 that reasonable services will be
31offered to a parent who is incarcerated in a county jail or state
32prison, detained by the United States Department of Homeland
33Security, or deported to his or her country of origin, the case plan
34shall include information, to the extent possible, about a parent’s
35incarceration in a county jail or the state prison, detention by the
36United States Department of Homeland Security, or deportation
37during the time that a minor child of that parent is involved in
38dependency care.

39(4) Reasonable services shall be offered or provided to make it
40possible for a child to return to a safe home environment, unless,
P6    1pursuant to subdivisions (b) and (e) of Section 361.5, the court
2determines that reunification services shall not be provided.

3(5) If reasonable services are not ordered, or are terminated,
4reasonable efforts shall be made to place the child in a timely
5manner in accordance with the permanent plan and to complete
6all steps necessary to finalize the permanent placement of the child.

7(c) (1) If out-of-home placement is used to attain case plan
8goals, the case plan shall include a description of the type of home
9or institution in which the child is to be placed, and the reasons
10for that placement decision. The decision regarding choice of
11placement shall be based upon selection of a safe setting that is
12the least restrictive or most familylike and the most appropriate
13setting that is available and in close proximity to the parent’s home,
14proximity to the child’s school, and consistent with the selection
15of the environment best suited to meet the child’s special needs
16and best interests. The selection shall consider, in order of priority,
17placement with relatives, nonrelated extended family members,
18tribal members, and foster family homes, certified homes of foster
19family agencies, intensive treatment or multidimensional treatment
20foster care homes, group care placements, such as group homes
21and community treatment facilities, and residential treatment
22pursuant to Section 7950 of the Family Code. In all settings,
23children shall be placed according to their gender identity,
24regardless of the gender or sex listed in their court or child welfare
25records.

26(2) If a group care placement is selected for a child, the case
27plan shall indicate the needs of the child that necessitate this
28placement, the plan for transitioning the child to a less restrictive
29environment, and the projected timeline by which the child will
30be transitioned to a less restrictive environment. This section of
31the case plan shall be reviewed and updated at least semiannually.

32(3) On or after January 1, 2012, for a nonminor dependent, as
33defined in subdivision (v) of Section 11400, who is receiving
34AFDC-FC benefits up to 21 years of age pursuant to Section 11403,
35in addition to the above requirements, the selection of the
36placement, including a supervised independent living placement,
37as described in subdivision (w) of Section 11400, shall also be
38based upon the developmental needs of young adults by providing
39opportunities to have incremental responsibilities that prepare a
40nonminor dependent to transition to independent living. If
P7    1admission to, or continuation in, a group home placement is being
2considered for a nonminor dependent, the group home placement
3approval decision shall include a youth-driven, team-based case
4planning process, as defined by the department, in consultation
5with stakeholders. The case plan shall consider the full range of
6placement options, and shall specify why admission to, or
7continuation in, a group home placement is the best alternative
8available at the time to meet the special needs or well-being of the
9nonminor dependent, and how the placement will contribute to the
10nonminor dependent’s transition to independent living. The case
11plan shall specify the treatment strategies that will be used to
12prepare the nonminor dependent for discharge to a less restrictive
13and more familylike setting, including a target date for discharge
14from the group home placement. The placement shall be reviewed
15and updated on a regular, periodic basis to ensure that continuation
16in the group home remains in the best interests of the nonminor
17dependent and that progress is being made in achieving case plan
18goals leading to independent living. The group home placement
19planning process shall begin as soon as it becomes clear to the
20county welfare department or probation office that a foster child
21in group home placement is likely to remain in group home
22placement on his or her 18th birthday, in order to expedite the
23transition to a less restrictive and more familylike setting if he or
24she becomes a nonminor dependent. The case planning process
25shall include informing the youth of all of his or her options,
26including, but not limited to, admission to or continuation in a
27group home placement. Consideration for continuation of existing
28group home placement for a nonminor dependent under 19 years
29of age may include the need to stay in the same placement in order
30to complete high school. After a nonminor dependent either
31completes high school or attains his or her 19th birthday, whichever
32is earlier, continuation in or admission to a group home is
33prohibited unless the nonminor dependent satisfies the conditions
34of paragraph (5) of subdivision (b) of Section 11403, and group
35home placement functions as a short-term transition to the
36appropriate system of care. Treatment services provided by the
37group home placement to the nonminor dependent to alleviate or
38ameliorate the medical condition, as described in paragraph (5) of
39subdivision (b) of Section 11403, shall not constitute the sole basis
P7    1to disqualify a nonminor dependent from the group home
2placement.

3(4) In addition to the requirements of paragraphs (1) to (3),
4inclusive, and taking into account other statutory considerations
5regarding placement, the selection of the most appropriate home
6that will meet the child’s special needs and best interests shall also
7promote educational stability by taking into consideration
8proximity to the child’s school of origin, and school attendance
9area, the number of school transfers the child has previously
10experienced, and the child’s school matriculation schedule, in
11addition to other indicators of educational stability that the
12Legislature hereby encourages the State Department of Social
13Services and the State Department of Education to develop.

14(d) A written case plan shall be completed within a maximum
15of 60 days of the initial removal of the child or of the in-person
16response required under subdivision (f) of Section 16501 if the
17child has not been removed from his or her home, or by the date
18of the dispositional hearing pursuant to Section 358, whichever
19occurs first. The case plan shall be updated, as the service needs
20of the child and family dictate. At a minimum, the case plan shall
21be updated in conjunction with each status review hearing
22conducted pursuant to Sections 364, 366, 366.3, and 366.31, and
23the hearing conducted pursuant to Section 366.26, but no less
24frequently than once every six months. Each updated case plan
25shall include a description of the services that have been provided
26to the child under the plan and an evaluation of the appropriateness
27and effectiveness of those services.

28(1) It is the intent of the Legislature that extending the maximum
29time available for preparing a written case plan from 30 to 60 days
30will afford caseworkers time to actively engage families, and to
31solicit and integrate into the case plan the input of the child and
32the child’s family, as well as the input of relatives and other
33interested parties.

34(2) The extension of the maximum time available for preparing
35a written case plan from the 30 to 60 days shall be effective 90
36days after the date that the department gives counties written notice
37that necessary changes have been made to the Child Welfare
38Services Case Management System to account for the 60-day
39timeframe for preparing a written case plan.

P9    1(e) The child welfare services case plan shall be comprehensive
2enough to meet the juvenile court dependency proceedings
3requirements pursuant to Article 6 (commencing with Section 300)
4of Chapter 2 of Part 1 of Division 2.

5(f) The case plan shall be developed as follows:

6(1) The case plan shall be based upon an assessment of the
7circumstances that required child welfare services intervention.
8The child shall be involved in developing the case plan as age and
9developmentally appropriate.

10(2) The case plan shall identify specific goals and the
11appropriateness of the planned services in meeting those goals.

12(3) The case plan shall identify the original allegations of abuse
13or neglect, as defined in Article 2.5 (commencing with Section
1411164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
15conditions cited as the basis for declaring the child a dependent of
16the court pursuant to Section 300, or all of these, and the other
17precipitating incidents that led to child welfare services
18intervention.

19(4) The case plan shall include a description of the schedule of
20the placement agency contacts with the child and the family or
21other caretakers. The frequency of these contacts shall be in
22accordance with regulations adopted by the State Department of
23Social Services. If the child has been placed in foster care out of
24state, the county social worker or probation officer, or a social
25worker or probation officer on the staff of the agency in the state
26in which the child has been placed, shall visit the child in a foster
27family home or the home of a relative, consistent with federal law
28and in accordance with the department’s approved state plan. For
29children in out-of-state group home facilities, visits shall be
30conducted at least monthly, pursuant to Section 16516.5. At least
31once every six months, at the time of a regularly scheduled
32placement agency contact with the foster child, the child’s social
33worker or probation officer shall inform the child of his or her
34rights as a foster child, as specified in Section 16001.9. The social
35worker or probation officer shall provide the information to the
36child in a manner appropriate to the age or developmental level of
37the child.

38(5) (A) When out-of-home services are used, the frequency of
39contact between the natural parents or legal guardians and the child
40shall be specified in the case plan. The frequency of those contacts
P10   1shall reflect overall case goals, and consider other principles
2outlined in this section.

3(B) Information regarding any court-ordered visitation between
4the child and the natural parents or legal guardians, and the terms
5and conditions needed to facilitate the visits while protecting the
6safety of the child, shall be provided to the child’s out-of-home
7caregiver as soon as possible after the court order is made.

8(6) When out-of-home placement is made, the case plan shall
9include provisions for the development and maintenance of sibling
10relationships as specified in subdivisions (b), (c), and (d) of Section
1116002. If appropriate, when siblings who are dependents of the
12juvenile court are not placed together, the social worker for each
13child, if different, shall communicate with each of the other social
14workers and ensure that the child’s siblings are informed of
15significant life events that occur within their extended family.
16Unless it has been determined that it is inappropriate in a particular
17case to keep siblings informed of significant life events that occur
18within the extended family, the social worker shall determine the
19appropriate means and setting for disclosure of this information
20to the child commensurate with the child’s age and emotional
21well-being. These significant life events shall include, but shall
22not be limited to, the following:

23(A) The death of an immediate relative.

24(B) The birth of a sibling.

25(C) Significant changes regarding a dependent child, unless the
26child objects to the sharing of the information with his or her
27siblings, including changes in placement, major medical or mental
28health diagnoses, treatments, or hospitalizations, arrests, and
29changes in the permanent plan.

30(7) If out-of-home placement is made in a foster family home,
31group home, or other child care institution that is either a
32substantial distance from the home of the child’s parent or out of
33state, the case plan shall specify the reasons why that placement
34is in the best interest of the child. When an out-of-state group home
35placement is recommended or made, the case plan shall, in
36addition, specify compliance with Section 7911.1 of the Family
37Code.

38(8) Effective January 1, 2010, a case plan shall ensure the
39educational stability of the child while in foster care and shall
40include both of the following:

P11   1(A) An assurance that the placement takes into account the
2appropriateness of the current educational setting and the proximity
3to the school in which the child is enrolled at the time of placement.

4(B) An assurance that the placement agency has coordinated
5with the person holding the right to make educational decisions
6for the child and appropriate local educational agencies to ensure
7that the child remains in the school in which the child is enrolled
8at the time of placement or, if remaining in that school is not in
9the best interests of the child, assurances by the placement agency
10and the local educational agency to provide immediate and
11appropriate enrollment in a new school and to provide all of the
12child’s educational records to the new school.

13(9) (A) If out-of-home services are used, or if parental rights
14have been terminated and the case plan is placement for adoption,
15the case plan shall include a recommendation regarding the
16appropriateness of unsupervised visitation between the child and
17any of the child’s siblings. This recommendation shall include a
18statement regarding the child’s and the siblings’ willingness to
19participate in unsupervised visitation. If the case plan includes a
20recommendation for unsupervised sibling visitation, the plan shall
21also note that information necessary to accomplish this visitation
22has been provided to the child or to the child’s siblings.

23(B) Information regarding the schedule and frequency of the
24visits between the child and siblings, as well as any court-ordered
25terms and conditions needed to facilitate the visits while protecting
26the safety of the child, shall be provided to the child’s out-of-home
27caregiver as soon as possible after the court order is made.

28(10) If out-of-home services are used and the goal is
29reunification, the case plan shall describe the services to be
30provided to assist in reunification and the services to be provided
31concurrently to achieve legal permanency if efforts to reunify fail.
32The plan shall also consider in-state and out-of-state placements,
33the importance of developing and maintaining sibling relationships
34pursuant to Section 16002, and the desire and willingness of the
35caregiver to provide legal permanency for the child if reunification
36is unsuccessful.

37(11) If out-of-home services are used, the child has been in care
38for at least 12 months, and the goal is not adoptive placement, the
39case plan shall include documentation of the compelling reason
40or reasons why termination of parental rights is not in the child’s
P12   1best interest. A determination completed or updated within the
2past 12 months by the department when it is acting as an adoption
3agency or by a licensed adoption agency that it is unlikely that the
4child will be adopted, or that one of the conditions described in
5paragraph (1) of subdivision (c) of Section 366.26 applies, shall
6be deemed a compelling reason.

7(12) (A) Parents and legal guardians shall have an opportunity
8to review the case plan, and to sign it whenever possible, and then
9shall receive a copy of the plan. In a voluntary service or placement
10agreement, the parents or legal guardians shall be required to
11review and sign the case plan. Whenever possible, parents and
12legal guardians shall participate in the development of the case
13plan. Commencing January 1, 2012, for nonminor dependents, as
14defined in subdivision (v) of Section 11400, who are receiving
15AFDC-FC or CalWORKs assistance up to 21 years of age pursuant
16to Section 11403, the transitional independent living case plan, as
17set forth in subdivision (y) of Section 11400, shall be developed
18with, and signed by, the nonminor.

19(B) Parents and legal guardians shall be advised that, pursuant
20to Section 1228.1 of the Evidence Code, neither their signature on
21the child welfare services case plan nor their acceptance of any
22services prescribed in the child welfare services case plan shall
23constitute an admission of guilt or be used as evidence against the
24parent or legal guardian in a court of law. However, they shall also
25be advised that the parent’s or guardian’s failure to cooperate,
26except for good cause, in the provision of services specified in the
27child welfare services case plan may be used in any hearing held
28pursuant to Section 366.21, 366.22, or 366.25 as evidence.

29(13) A child shall be given a meaningful opportunity to
30participate in the development of the case plan and state his or her
31preference for foster care placement. A child who is 12 years of
32age or older and in a permanent placement shall also be given the
33opportunity to review the case plan, sign the case plan, and receive
34a copy of the case plan.

35(14) The case plan shall be included in the court report and shall
36be considered by the court at the initial hearing and each review
37hearing. Modifications to the case plan made during the period
38between review hearings need not be approved by the court if the
39casework supervisor for that case determines that the modifications
40further the goals of the plan. If out-of-home services are used with
P13   1the goal of family reunification, the case plan shall consider and
2describe the application of subdivision (b) of Section 11203.

3(15) If the case plan has as its goal for the child a permanent
4plan of adoption or placement in another permanent home, it shall
5include a statement of the child’s wishes regarding their permanent
6placement plan and an assessment of those stated wishes. The
7agency shall also include documentation of the steps the agency
8is taking to find an adoptive family or other permanent living
9arrangements for the child; to place the child with an adoptive
10family, an appropriate and willing relative, a legal guardian, or in
11another planned permanent living arrangement; and to finalize the
12adoption or legal guardianship. At a minimum, the documentation
13shall include child-specific recruitment efforts, such as the use of
14state, regional, and national adoption exchanges, including
15electronic exchange systems, when the child has been freed for
16adoption. If the plan is for kinship guardianship, the case plan shall
17document how the child meets the kinship guardianship eligibility
18requirements.

19(16) (A) When appropriate, for a child who is 16 years of age
20or older and, commencing January 1, 2012, for a nonminor
21dependent, the case plan shall include the transitional independent
22living plan (TILP), a written description of the programs and
23services that will help the child, consistent with the child’s best
24interests, to prepare for the transition from foster care to
25 independent living, and, in addition, whether the youth has an
26in-progress application pending for Title XVI Supplemental
27Security Income benefits or for Special Immigrant Juvenile Status
28or other applicable application for legal residency and an active
29dependency case is required for that application. When appropriate,
30for a nonminor dependent, the transitional independent living case
31plan, as described in subdivision (v) of Section 11400, shall include
32the TILP, a written description of the programs and services that
33will help the nonminor dependent, consistent with his or her best
34interests, to prepare for transition from foster care and assist the
35youth in meeting the eligibility criteria set forth in paragraphs (1)
36to (5), inclusive, of subdivision (b) Section 11403. If applicable,
37the case plan shall describe the individualized supervision provided
38in the supervised independent living placement as defined in
39subdivision (w) of Section 11400. The case plan shall be developed
40with the child or nonminor dependent and individuals identified
P14   1as important to the child or nonminor dependent, and shall include
2steps the agency is taking to ensure that the child or nonminor
3dependent achieves permanence, including maintaining or
4obtaining permanent connections to caring and committed adults.

5(B) During the 90-day period prior to the participant attaining
618 years of age or older as the state may elect under Section
7475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec.
8675(8)(B)(iii)), whether during that period foster care maintenance
9payments are being made on the child’s behalf or the child is
10receiving benefits or services under Section 477 of the federal
11Social Security Act (42 U.S.C. Sec. 677), a caseworker or other
12appropriate agency staff or probation officer and other
13representatives of the participant, as appropriate, shall provide the
14youth or nonminor with assistance and support in developing the
15written 90-day transition plan, that is personalized at the direction
16of the child, information as detailed as the participant elects that
17shall include, but not be limited to, options regarding housing,
18health insurance, education, local opportunities for mentors and
19continuing support services, and workforce supports and
20employment services, a power of attorney for health care, and
21information regarding the advance health care directive form.

22(C) For youth 16 years of age or older, the case plan shall
23include documentation that a consumer credit report was requested
24annually from each of the three major credit reporting agencies at
25no charge to the youth and that any results were provided to the
26youth. For nonminor dependents, the case plan shall include
27documentation that the county assisted the nonminor dependent
28in obtaining his or her reports. The case plan shall include
29documentation of barriers, if any, to obtaining the credit reports.
30If the consumer credit report reveals any accounts, the case plan
31shall detail how the county ensured the youth received assistance
32with interpreting the credit report and resolving any inaccuracies,
33including any referrals made for the assistance.

34(g) If the court finds, after considering the case plan, that
35unsupervised sibling visitation is appropriate and has been
36consented to, the court shall order that the child or the child’s
37siblings, the child’s current caregiver, and the child’s prospective
38adoptive parents, if applicable, be provided with information
39necessary to accomplish this visitation. This section does not
P15   1require or prohibit the social worker’s facilitation, transportation,
2or supervision of visits between the child and his or her siblings.

3(h) The case plan documentation on sibling placements required
4under this section shall not require modification of existing case
5plan forms until the Child Welfare Services Case Management
6System is implemented on a statewide basis.

7(i) When a child is 10 years of age or older and has been in
8out-of-home placement for six months or longer, the case plan
9shall include an identification of individuals, other than the child’s
10siblings, who are important to the child and actions necessary to
11maintain the child’s relationship with those individuals, provided
12that those relationships are in the best interest of the child. The
13social worker or probation officer shall ask every child who is 10
14years of age or older and who has been in out-of-home placement
15for six months or longer to identify individuals other than the
16child’s siblings who are important to the child, and may ask any
17other child to provide that information, as appropriate. The social
18worker or probation officer shall make efforts to identify other
19individuals who are important to the child, consistent with the
20child’s best interests.

21(j) The child’s caregiver shall be provided a copy of a plan
22outlining the child’s needs and services. The nonminor dependent’s
23caregiver shall be provided with a copy of the nonminor’s TILP.

24(k) On or before June 30, 2008, the department, in consultation
25with the County Welfare Directors Association of California and
26other advocates, shall develop a comprehensive plan to ensure that
2790 percent of foster children are visited by their caseworkers on a
28monthly basis by October 1, 2011, and that the majority of the
29visits occur in the residence of the child. The plan shall include
30any data reporting requirements necessary to comply with the
31provisions of the federal Child and Family Services Improvement
32Act of 2006 (Public Law 109-288).

33(l) The implementation and operation of the amendments to
34subdivision (i) enacted at the 2005-06 Regular Session shall be
35subject to appropriation through the budget process and by phase,
36as provided in Section 366.35.

end delete
37begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 16006 is added to the end insertbegin insertWelfare and Institutions
38Code
end insert
begin insert, to read:end insert

begin insert
P16   1

begin insert16006.end insert  

Children and nonminor dependents in out-of-home care
2shall be placed according to their gender identity, regardless of
3the gender or sex listed in their court or child welfare records.

end insert
4

SEC. 4.  

If the Commission on State Mandates determines that
5this act contains costs mandated by the state, reimbursement to
6local agencies and school districts for those costs shall be made
7pursuant to Part 7 (commencing with Section 17500) of Division
84 of Title 2 of the Government Code.



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