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AB-1147 Dependent children: status reports.(2011-2012)

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Enrolled  August 29, 2011
Passed  IN  Senate  August 22, 2011
Passed  IN  Assembly  August 25, 2011
Amended  IN  Senate  June 30, 2011
Amended  IN  Assembly  April 04, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1147


Introduced  by  Assembly Member Yamada

February 18, 2011


An act to amend Section 366.1 of the Welfare and Institutions Code, relating to dependent children.


LEGISLATIVE COUNSEL'S DIGEST


AB 1147, Yamada. Dependent children: status reports.
Existing law sets forth ways in which families of dependent minor parents may be preserved, by assisting these parents in raising their children as well as participating in school and extracurricular activities.
Existing law requires a court to review the status of a dependent child no less than once every 6 months, and requires the county welfare department or social worker to file a supplemental report that addresses specified subjects, including whether the social worker has considered child protective services as a possible solution to the problems at hand, and has offered those services to qualified parents.
This bill would additionally require, if the dependent child in foster care is also a parent, the supplemental report to specifically set forth the age and developmentally appropriate services that were provided to the minor parent to allow him or her to provide a permanent and safe home for the child, as specified. By imposing this additional reporting requirement on county welfare departments, this bill would impose a state-mandated local program.
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   Local Program: YES  

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


SECTION 1.

 Section 366.1 of the Welfare and Institutions Code is amended to read:

366.1.
 Each supplemental report required to be filed pursuant to Section 366 shall include, but not be limited to, a factual discussion of each of the following subjects:
(a) Whether the county welfare department social worker has considered child protective services, as defined in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9, as a possible solution to the problems at hand, and has offered those services to qualified parents, if appropriate under the circumstances.
(b) What plan, if any, for the return and maintenance of the child in a safe home is recommended to the court by the county welfare department social worker.
(c) Whether the subject child appears to be a person who is eligible to be considered for further court action to free the child from parental custody and control.
(d) What actions, if any, have been taken by the parent to correct the problems that caused the child to be made a dependent child of the court.
(e) If the parent or guardian is unwilling or unable to participate in making an educational decision for his or her child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational decisions for the child, the county welfare department or social worker shall consider whether the right of the parent or guardian to make educational decisions for the child should be limited. If the supplemental report makes that recommendation, the report shall identify whether there is a responsible adult available to make educational decisions for the child pursuant to Section 361.
(f) (1) Whether the child has any siblings under the court’s jurisdiction, and, if any siblings exist, all of the following:
(A) The nature of the relationship between the child and his or her siblings.
(B) The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(C) If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(D) If the siblings are not placed together, the frequency and nature of the visits between siblings.
(E) The impact of the sibling relationships on the child’s placement and planning for legal permanence.
(2) The factual discussion shall include a discussion of indicators of the nature of the child’s sibling relationships, including, but not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with his or her sibling, as applicable, and whether ongoing contact is in the child’s best emotional interests.
(g) Whether a child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer has relationships with individuals other than the child’s siblings that are important to the child, consistent with the child’s best interests, and actions taken to maintain those relationships. The social worker shall ask every child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer to identify any individuals other than the child’s siblings who are important to the child, consistent with the child’s best interest. The social worker may ask any other child to provide that information, as appropriate.
(h) If the dependent child in foster care is a minor parent, as defined in subdivision (f) of Section 16002.5, the supplemental report shall specifically set forth the age and developmentally appropriate services that were provided to the minor parent to allow him or her to provide a safe home for the child, consistent with Section 16002.5.
(i) The implementation and operation of the amendments to subdivision (g) enacted at the 2005–06 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.

SEC. 2.

 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.