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AB-366 Foster youth.(2021-2022)

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Date Published: 05/24/2021 03:38 PM
AB366:v97#DOCUMENT

Amended  IN  Assembly  May 24, 2021
Amended  IN  Assembly  March 29, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 366


Introduced by Assembly Member Blanca Rubio
(Coauthors: Assembly Members Gipson, Stone, Ting, and Bauer-Kahan)
(Coauthor: Senator Wiener)

February 01, 2021


An act to amend Sections 366, 366.1, 366.31, 706.5, 727.2, 11465, and 16521.5 and 11465 of the Welfare and Institutions Code, relating to foster youth.


LEGISLATIVE COUNSEL'S DIGEST


AB 366, as amended, Blanca Rubio. Foster youth.
(1) Existing law requires a county social worker to create a case plan for foster youth within a specified timeframe after the child is introduced into the foster care system. Existing law requires the case plan to include prescribed components, including, among other things, for certain youth and nonminor dependents, verification that the youth or nonminor dependent has received comprehensive sexual health education, as specified, and an indication that the youth or nonminor dependent has been informed about various topics relating to reproductive and sexual health care. Existing law requires the case plan to identify the person or persons responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, unless the child or nonminor dependent states that they do not want to pursue postsecondary education, including career or technical education.
This bill would require a county social worker or probation officer to include in certain reports to the juvenile court a factual discussion of whether the youth or nonminor dependent has received comprehensive sexual health education and whether the youth or nonminor dependent has been informed of the topics relating to reproductive and sexual health care. The bill would require a county social worker or probation officer to include in certain reports to the juvenile court the identity of the person or persons responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, as specified. The bill would require the juvenile court to make a determination regarding whether the social worker has performed those duties. The bill would require the Judicial Council, on or before January 1, 2023, to amend and adopt rules of court and to develop appropriate forms necessary to implement these provisions. By imposing additional duties on county social workers and probation officers, this bill would impose a state-mandated local program.
(2) Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law establishes a schedule of basic rates to be paid for the care and supervision of each foster child. Existing law also establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP), which provides aid on behalf of eligible children who are placed in the home of a relative caretaker.
Existing law requires, when a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, that the rate paid to the foster care provider on behalf of the parent include an additional amount, known as an infant supplement, for the care and supervision of the child.
This bill would make a pregnant minor or nonminor dependent eligible for the infant supplement for a specified period before the expected date of birth, as specified. Because counties would administer these extended benefits, this bill would impose a state-mandated local program.

(3)Existing law requires the State Department of Social Services to convene a working group to develop a pregnancy prevention plan that effectively addresses the needs of adolescent male and female foster youth and includes, among other things, effective strategies and programs for preteen and older teen foster youth and nonminor dependents and selecting and providing appropriate materials to educate foster youth and nonminor dependents in family life education.

This bill would require the department to compile and report annual performance and outcome data on the implementation of sexual and reproductive health training and education and the availability of sexual health care services. The bill would require enumerated performance and outcome data to be included in the report and would require the department to consult with the working group in selecting additional performance and outcome data measures to include in the report. The bill would require the report to be completed annually, beginning July 1, 2022, and to be posted on the department’s internet website.

(4)

(3) 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 no reimbursement is required by this act for a specified reason.
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 of the Welfare and Institutions Code is amended to read:

366.
 (a) (1) The status of every dependent child in foster care shall be reviewed periodically as determined by the court but no less frequently than once every six months, as calculated from the date of the original dispositional hearing, until the hearing described in Section 366.26 is completed. The court shall consider the safety of the child and shall determine all of the following:
(A) The continuing necessity for and appropriateness of the placement.
(B) The extent of the agency’s compliance with the case plan in making reasonable efforts, or, in the case of a child 16 years of age or older with another planned permanent living arrangement, the ongoing and intensive efforts, to return the child to a safe home and to complete any steps necessary to finalize the permanent placement of the child, including efforts to maintain relationships between a child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer, and individuals other than the child’s siblings who are important to the child, consistent with the child’s best interests. Where it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, the court shall also determine whether the agency has made active efforts, as defined in Section 224.1 and as described in Section 361.7, to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family.
(C) Whether there should be any limitation on the right of the parent, guardian, or Indian custodian to make educational decisions or developmental services decisions for the child. That limitation shall be specifically addressed in the court order and may not exceed those necessary to protect the child. Whenever the court specifically limits the right of the parent, guardian, or Indian custodian to make educational decisions or developmental services decisions for the child, the court shall at the same time appoint a responsible adult to make educational decisions or developmental services decisions for the child pursuant to Section 361.
(D) (i) Whether the child has other siblings under the court’s jurisdiction, and, if any siblings exist, all of the following:
(I) The nature of the relationship between the child and the child’s siblings.
(II) The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
(III) If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
(IV) If the siblings are not placed together, all of the following:
(ia) The frequency and nature of the visits between the siblings.
(ib) If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(ic) If there are visits between the siblings, a description of the location and length of the visits.
(id) Any plan to increase visitation between the siblings.
(V) The impact of the sibling relationships on the child’s placement and planning for legal permanence.
(VI) The continuing need to suspend sibling interaction, if applicable, pursuant to subdivision (c) of Section 16002.
(ii) The factors the court may consider in making a determination regarding the nature of the child’s sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the child’s best emotional interests.
(E) The extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care.
(F) (i) For a child who is 10 years of age or older, is in junior high, middle, or high school, and has been under the jurisdiction of the juvenile court for a year or longer, or a nonminor dependent, whether the social worker or probation officer has verified that the child or nonminor dependent has received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system or has ensured that the child will receive the instruction.
(ii) For a child or nonminor dependent described in clause (i), whether the social worker or probation officer has done all of the following:
(I) Informed the child or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, abortion, and the prevention and treatment of sexually transmitted infections.
(II) Informed the child or nonminor dependent, in an age and developmentally appropriate manner, of the child’s right to consent to sexual and reproductive health services and the child’s confidentiality rights regarding those services.
(III) Informed the child or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed.
(iii) This subparagraph does not affect any applicable confidentiality law.
(iv) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(G) (i) For a child who is 16 years of age or older or for a nonminor dependent, whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(ii) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(H) If the review hearing is the last review hearing to be held before the child attains 18 years of age, the court shall conduct the hearing pursuant to Section 366.31 or 366.32.
(2) The court shall project a likely date by which the child may be returned to and safely maintained in the home or placed for adoption, tribal customary adoption in the case of an Indian child, legal guardianship, placed with a fit and willing relative, or in another planned permanent living arrangement.
(b) Subsequent to the hearing, periodic reviews of each child in foster care shall be conducted pursuant to the requirements of Sections 366.3 and 16503.
(c) If the child has been placed out of state, each review described in subdivision (a) and any reviews conducted pursuant to Sections 366.3 and 16503 shall also address whether the out-of-state placement continues to be the most appropriate placement selection and in the best interests of the child.
(d) (1) A review described in subdivision (a) and any reviews conducted pursuant to Sections 366.3 and 16503 shall not result in a placement of a child outside the United States prior to a judicial finding that the placement is in the best interest of the child, except as required by federal law or treaty.
(2) The party or agency requesting placement of the child outside the United States shall carry the burden of proof and must show, by clear and convincing evidence, that a placement outside the United States is in the best interest of the child.
(3) In determining the best interest of the child, the court shall consider, but not be limited to, the following factors:
(A) Placement with a relative.
(B) Placement of siblings in the same home.
(C) Amount and nature of any contact between the child and the potential guardian or caretaker.
(D) Physical and medical needs of the dependent child.
(E) Psychological and emotional needs of the dependent child.
(F) Social, cultural, and educational needs of the dependent child.
(G) Specific desires of any dependent child who is 12 years of age or older.
(4) If the court finds that a placement outside the United States is, by clear and convincing evidence, in the best interest of the child, the court may issue an order authorizing the social worker or placing agency to make a placement outside the United States. A child subject to this subdivision shall not leave the United States prior to the issuance of the order described in this paragraph.
(5) For purposes of this subdivision, “outside the United States” shall not include the lands of any federally recognized American Indian tribe or Alaskan Natives.
(6) This section shall not apply to the placement of a dependent child with a parent.
(e) A child may not be placed in an out-of-state group home, or remain in an out-of-state group home, unless the group home is in compliance with Section 7911.1 of the Family Code.
(f) The status review of every nonminor dependent, as defined in subdivision (v) of Section 11400, shall be conducted pursuant to the requirements of Sections 366.3, 366.31, or 366.32, and 16503 until dependency jurisdiction is terminated pursuant to Section 391.

SEC. 2.

 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 either of the following:
(1) 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.
(2) Whether the child can be returned to the custody of their parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent.
(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 their 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) The health and education of the minor, including a copy of the complete health and education summary as required under Section 16010, including the name and contact information of the person or persons currently holding the right to make educational decisions for the child.
(2) In instances where it is determined that disclosure pursuant to paragraph (1) of the contact information of the person or persons currently holding the right to make educational decisions for the child poses a threat to the health and safety of that individual or those individuals, that contact information shall be redacted or withheld from the health and education summary within the supplemental report described in this section.
(g) (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 the child’s 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, all of the following:
(i) The frequency and nature of the visits between the siblings.
(ii) If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
(iii) If there are visits between the siblings, a description of the location and length of the visits.
(iv) Any plan to increase visitation between the 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 their sibling, as applicable, and whether ongoing contact is in the child’s best emotional interests.
(h) (1) For a child who is 10 years of age or older and has been under the jurisdiction of the juvenile court for a year or longer, or a nonminor dependent, either of the following:
(A) For a child in junior high or middle school, either that the child has already received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system while in junior high or middle school or how the county will ensure that the child receives that instruction at least once before completing junior high or middle school if the child remains under the jurisdiction of the juvenile court during that timeframe.
(B) For a child in high school or a nonminor dependent, either that the child has received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system while in high school, or how the county will ensure that the child or nonminor dependent receives that instruction at least once before completing high school if the child remains under the jurisdiction of the juvenile court during that timeframe.
(2) (A) For a child who is 10 years of age or older or a nonminor dependent, whether the social worker or probation officer has done all of the following:
(i) Informed the child or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, abortion, and the prevention and treatment of sexually transmitted infections.
(ii) Informed the child or nonminor dependent, in an age and developmentally appropriate manner, of the child’s right to consent to sexual and reproductive health services and the child’s confidentiality rights regarding those services.
(iii) Informed the child or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed.
(3) This subdivision does not affect any applicable confidentiality law.
(4) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subdivision.
(i) (1) For a child who is 16 years of age or older or for a nonminor dependent, whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(2) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subdivision.
(j) 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.
(k) The implementation and operation of the amendments to subdivision (j) 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. 3.

 Section 366.31 of the Welfare and Institutions Code is amended to read:

366.31.
 (a) If a review hearing is the last review hearing to be held before the minor attains 18 years of age, the court shall ensure all of the following:
(1) The minor’s case plan includes a plan for the minor to satisfy one or more of the participation conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, so that the minor is eligible to remain in foster care as a nonminor dependent.
(2) The minor has been informed of their right to seek termination of dependency jurisdiction pursuant to Section 391, and understands the potential benefits of continued dependency.
(3) The minor is informed of their right to have dependency reinstated pursuant to subdivision (e) of Section 388, and understands the potential benefits of continued dependency.
(b) At the review hearing that occurs in the six-month period before the minor attains 18 years of age, and at every subsequent review hearing for the nonminor dependent, as described in subdivision (v) of Section 11400, the report shall describe all of the following:
(1) The minor’s and nonminor’s plans to remain in foster care and plans to meet one or more of the participation conditions as described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403 to continue to receive AFDC-FC benefits as a nonminor dependent.
(2) The efforts made and assistance provided to the minor and nonminor by the social worker or the probation officer so that the minor and nonminor will be able to meet the participation conditions.
(3) Efforts toward completing the items described in paragraph (2) of subdivision (e) of Section 391.
(4) (A) For a child or nonminor dependent in high school who has been under the jurisdiction of the juvenile court for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1.
(B) (i) Whether the social worker or probation officer has informed the minor or nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1.
(ii) This paragraph does not affect any applicable confidentiality law.
(5) Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(c) The reviews conducted pursuant to this section for a nonminor dependent shall be conducted in a manner that respects the nonminor’s status as a legal adult, focused on the goals and services described in the youth’s transitional independent living case plan, as described in subdivision (y) of Section 11400, including efforts made to maintain connections with caring and permanently committed adults, and attended, as appropriate, by additional participants invited by the nonminor dependent.
(d) For a nonminor dependent whose case plan is continued court-ordered family reunification services pursuant to Section 361.6, the court shall consider whether the nonminor dependent may safely reside in the home of the parent or guardian. If the nonminor cannot reside safely in the home of the parent or guardian or if it is not in the nonminor dependent’s best interest to reside in the home of the parent or guardian, the court must consider whether to continue or terminate reunification services for the parent or legal guardian.
(1) The review report shall include a discussion of all of the following:
(A) Whether foster care placement continues to be necessary and appropriate.
(B) The likely date by which the nonminor dependent may reside safely in the home of the parent or guardian or will achieve independence.
(C) Whether the parent or guardian and nonminor dependent were actively involved in the development of the case plan.
(D) Whether the social worker or probation officer has provided reasonable services designed to aid the parent or guardian to overcome the problems that led to the initial removal of the nonminor dependent.
(E) The extent of progress the parents or guardian have made toward alleviating or mitigating the causes necessitating placement in foster care.
(F) Whether the nonminor dependent and parent, parents, or guardian are in agreement with the continuation of reunification services.
(G) Whether continued reunification services are in the best interest of the nonminor dependent.
(H) Whether there is a substantial probability that the nonminor dependent will be able to safely reside in the home of the parent or guardian by the next review hearing date.
(I) The efforts to maintain the nonminor’s connections with caring and permanently committed adults.
(J) The agency’s compliance with the nonminor dependent’s transitional independent living case plan, including efforts to finalize the nonminor’s permanent plan and prepare the nonminor dependent for independence.
(K) The progress in providing the information and documents to the nonminor dependent as described in Section 391.
(L) (i) For a nonminor dependent in high school who has been under the jurisdiction of the juvenile court for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1.
(ii) Whether the social worker or probation officer has informed the nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1.
(iii) This subparagraph does not affect any applicable confidentiality law.
(M) Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education including career or technical education.
(2) The court shall inquire about the progress being made to provide a permanent home for the nonminor, shall consider the safety of the nonminor dependent, and shall determine all of the following:
(A) The continuing necessity for, and appropriateness of, the placement.
(B) Whether the agency has made reasonable efforts to maintain relationships between the nonminor dependent and individuals who are important to the nonminor dependent.
(C) The extent of the agency’s compliance with the case plan in making reasonable efforts or, in the case of an Indian child, active efforts, as described in Section 361.7, to create a safe home of the parent or guardian for the nonminor to reside in or to complete whatever steps are necessary to finalize the permanent placement of the nonminor dependent.
(D) The extent of the agency’s compliance with the nonminor dependent’s transitional independent living case plan, including efforts to finalize the youth’s permanent plan and prepare the nonminor dependent for independence.
(E) The adequacy of services provided to the parent or guardian and to the nonminor dependent. The court shall consider the progress in providing the information and documents to the nonminor dependent as described in Section 391. The court shall also consider the need for, and progress in providing, the assistance and services described in Section 391.
(F) The extent of progress the parents or legal guardians have made toward alleviating or mitigating the causes necessitating placement in foster care.
(G) The likely date by which the nonminor dependent may safely reside in the home of the parent or guardian or, if the court is terminating reunification services, the likely date by which it is anticipated the nonminor dependent will achieve independence, or, for an Indian child, in consultation with the child’s tribe, placed for tribal customary adoption.
(H) Whether the agency has made reasonable efforts as required in subparagraph (D) of paragraph (1) of subdivision (a) of Section 366 to establish or maintain the nonminor dependent’s relationship with their siblings who are under the juvenile court’s jurisdiction.
(I) The services needed to assist the nonminor dependent to make the transition from foster care to successful adulthood.
(J) Whether or not reasonable efforts to make and finalize a permanent placement for the nonminor dependent have been made.
(K) (i) If the nonminor dependent is in high school and has been under the jurisdiction of the juvenile court for a year or longer, whether the social worker or probation officer has taken the actions described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 366.
(ii) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(L) (i) Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(ii) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(3) If the court determines that a nonminor dependent may safely reside in the home of the parent or former guardian, the court may order the nonminor dependent to return to the family home. After the nonminor dependent returns to the family home, the court may terminate jurisdiction and proceed under applicable provisions of Section 391 or continue jurisdiction as a nonminor under subdivision (a) of Section 303 and hold hearings as follows:
(A) At every hearing for a nonminor dependent residing in the home of the parent or guardian, the court shall set a hearing within six months of the previous hearing. The court shall advise the parties of their right to be present. At least 10 calendar days before the hearing, the social worker or probation officer shall file a report with the court describing the services offered to the family and the progress made by the family in eliminating the conditions or factors requiring court supervision. The report shall address all of the following:
(i) Whether the parent or guardian and the nonminor dependent were actively involved in the development of the case plan.
(ii) Whether the social worker or probation officer has provided reasonable services to eliminate the need for court supervision.
(iii) The progress of providing information and documents to the nonminor dependent as described in Section 391.
(B) The court shall inquire about progress being made, shall consider the safety of the nonminor dependent, and shall determine all of the following:
(i) The continuing need for court supervision.
(ii) The extent of the agency’s compliance with the case plan in making reasonable efforts to maintain a safe family home for the nonminor dependent.
(C) If the court finds that court supervision is no longer necessary, the court shall terminate jurisdiction under applicable provisions of Section 391.
(e) For a nonminor dependent who is no longer receiving court-ordered family reunification services and is in a permanent plan of another planned permanent living arrangement, at the review hearing held every six months pursuant to subdivision (d) of Section 366.3, the reviewing body shall inquire about the progress being made to provide permanent connections with caring, committed adults for the nonminor dependent, shall consider the safety of the nonminor, shall consider the transitional independent living case plan, and shall determine all of the following:
(1) The continuing necessity for, and appropriateness of, the placement.
(2) The continuing appropriateness and extent of compliance with the permanent plan for the nonminor dependent, including efforts to identify and maintain relationships with individuals who are important to the nonminor dependent.
(3) The extent of the agency’s compliance with the nonminor dependent’s transitional independent living case plan, including whether or not reasonable efforts have been made to make and finalize the youth’s permanent plan and prepare the nonminor dependent for independence.
(4) Whether a prospective adoptive parent has been identified and assessed as appropriate for the nonminor dependent’s adoption under this section, whether the prospective adoptive parent has been informed about the terms of the written negotiated adoption assistance agreement pursuant to Section 16120, and whether adoption should be ordered as the nonminor dependent’s permanent plan. If nonminor dependent adoption is ordered as the nonminor dependent’s permanent plan, a hearing pursuant to subdivision (f) shall be held within 60 days. When the court orders a hearing pursuant to subdivision (f), it shall direct the agency to prepare a report that shall include the provisions of paragraph (5) of subdivision (f).
(5) For the nonminor dependent who is an Indian child, whether, in consultation with the nonminor’s tribe, the nonminor should be placed for tribal customary adoption.
(6) The adequacy of services provided to the nonminor dependent. The court shall consider the progress in providing the information and documents to the nonminor dependent as described in Section 391. The court shall also consider the need for, and progress in providing, the assistance and services described in Section 391.
(7) The likely date by which it is anticipated the nonminor dependent will achieve adoption or independence.
(8) Whether the agency has made reasonable efforts as required in subparagraph (D) of paragraph (1) of subdivision (a) of Section 366 to establish or maintain the nonminor dependent’s relationship with their siblings who are under the juvenile court’s jurisdiction.
(9) The services needed to assist the nonminor dependent to make the transition from foster care to successful adulthood.
(10) When the hearing described in this subdivision is held pursuant to paragraph (3) or (4) of subdivision (d) of Section 366.3, and the nonminor dependent has a permanent plan of another planned permanent living arrangement, the court shall do all of the following:
(A) Ask the nonminor dependent about their desired permanency outcome.
(B) Make a judicial determination explaining why, as of the hearing date, another planned permanent living arrangement is the best permanency plan for the nonminor dependent.
(C) State for the record the compelling reason or reasons why it continues not to be in the best interest of the nonminor dependent to return home, be placed for adoption, be placed for tribal customary adoption in the case of an Indian child, be placed with a legal guardian, or be placed with a fit and willing relative.
(11) (A) If the nonminor dependent is in high school and has been under the jurisdiction of the juvenile court for a year or longer, whether the social worker or probation officer has taken the actions described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 366.
(B) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this paragraph.
(12) (A) Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(B) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(f) (1) At a hearing to consider a permanent plan of adoption for a nonminor dependent, the court shall read and consider the report in paragraph (5) and receive other evidence that the parties may present. A copy of the executed negotiated agreement shall be attached to the report. If the court finds pursuant to this section that nonminor dependent adoption is the appropriate permanent plan, it shall make findings and orders to do the following:
(A) Approve the adoption agreement and declare the nonminor dependent is the adopted child of the adoptive parent, and that the nonminor dependent and adoptive parents agree to assume toward each other the legal relationship of parents and child and to have all of the rights and be subject to all of the duties and responsibilities of that relationship.
(B) Declare that the birth parents of the nonminor dependent are, from the time of the adoption, relieved of all parental duties toward, and responsibility for, the adopted nonminor dependent and have no rights over the adopted nonminor dependent.
(2) If the court finds that the nonminor dependent and the prospective adoptive parent have mutually consented to the adoption, the court may enter the adoption order after it determines all of the following:
(A) Whether the notice was given as required by law.
(B) Whether the nonminor dependent and prospective adoptive parent are present for the hearing.
(C) Whether the court has read and considered the assessment prepared by the social worker or probation officer.
(D) Whether the court considered the wishes of the nonminor dependent.
(E) If the nonminor dependent is eligible, the prospective adoptive parent has signed the negotiated adoption assistance agreement pursuant to subdivision (g) of Section 16120, and whether a copy of the executed negotiated agreement is attached to the report.
(F) Whether the adoption is in the best interest of the nonminor dependent.
(3) If the court orders the establishment of the nonminor dependent adoption, it shall dismiss dependency or transitional jurisdiction.
(4) If the court does not order the establishment of the nonminor dependent adoption, the nonminor dependent shall remain in a planned permanent living arrangement subject to periodic review of the juvenile court pursuant to this section.
(5) At least 10 calendar days before the hearing, the social worker or probation officer shall file a report with the court and provide a copy of the report to all parties. The report shall describe the following:
(A) Whether or not the nonminor dependent has any developmental disability and whether the proposed adoptive parent is suitable to meet the needs of the nonminor dependent.
(B) The length and nature of the relationship between the prospective adoptive parent and the nonminor dependent, including whether the prospective adoptive parent has been determined to have been established as the nonminor’s permanent connection.
(C) Whether the nonminor dependent has been determined to be eligible for the adoption assistance program and, if so, whether the prospective adoptive parent has signed the negotiated adoption assistance agreement pursuant to subdivision (g) of Section 16120.
(D) Whether a copy of the executed negotiated agreement is attached to the report.
(E) Whether criminal background clearances were completed for the prospective adoptive parent as required by Section 671(a)(20)(A) and (a)(20)(C) of Title 42 of the United States Code.
(F) Whether the prospective adoptive parent who is married and not legally separated from that spouse has the consent of the spouse, provided that the spouse is capable of giving that consent.
(G) Whether the adoption of the nonminor dependent is in the best interests of the nonminor dependent and the prospective adoptive parent.
(H) Whether the nonminor dependent and the prospective adoptive parent have mutually consented to the adoption.
(6) The social worker or probation officer shall serve written notice of the hearing in the manner and to the persons set forth in Section 295, including the prospective adoptive parent or parents, except that notice to the nonminor’s birth parents is not required.
(7) Nothing in this section shall prevent a nonminor dependent from filing an adoption petition pursuant to Section 9300 of the Family Code.
(g) Each licensed foster family agency shall submit reports for each nonminor dependent in its care to the court concerning the continuing appropriateness and extent of compliance with the nonminor dependent’s permanent plan, the extent of compliance with the transitional independent living case plan, and the type and adequacy of services provided to the nonminor dependent. The report shall document that the nonminor has received all the information and documentation described in paragraph (2) of subdivision (e) of Section 391. If the court is considering terminating dependency jurisdiction for a nonminor dependent it shall first hold a hearing pursuant to Section 391.
(h) When the nonminor dependent is in another planned permanent living arrangement, the social study prepared for the hearing held under subdivision (e) shall include a description of all of the following:
(1) The intensive and ongoing efforts to return the nonminor dependent to the home of the parent, place the nonminor dependent for adoption, or place the nonminor dependent with a fit and willing relative, as appropriate.
(2) The steps taken to do both of the following:
(A) Ensure that the nonminor dependent’s care provider is following the reasonable and prudent parent standard.
(B) Determine whether the nonminor dependent has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consulting with the nonminor dependent about opportunities for the nonminor dependent to participate in those activities.

SEC. 4.

 Section 706.5 of the Welfare and Institutions Code is amended to read:

706.5.
 (a) If placement in foster care is recommended by the probation officer, or where the minor is already in foster care placement or pending placement pursuant to an earlier order, the social study prepared by the probation officer that is received into evidence at disposition pursuant to Section 706 shall include a case plan, as described in Section 706.6. If the court elects to hold the first status review at the disposition hearing, the social study shall also include, but not be limited to, the factual material described in subdivision (c).
(b) If placement in foster care is not recommended by the probation officer prior to disposition, but the court orders foster care placement, the court shall order the probation officer to prepare a case plan, as described in Section 706.6, within 30 days of the placement order. The case plan shall be filed with the court.
(c) At each status review hearing, the social study shall include, but not be limited to, an updated case plan as described in Section 706.6 and the following information:
(1) The continuing necessity for and appropriateness of the placement.
(2) The extent of the probation department’s compliance with the case plan in making reasonable efforts to safely return the minor to the minor’s home or to complete whatever steps are necessary to finalize the permanent placement of the minor.
(3) The extent of progress that has been made by the minor and parent or guardian toward alleviating or mitigating the causes necessitating placement in foster care.
(4) If the first permanency planning hearing has not yet occurred, the social study shall include the likely date by which the minor may be returned to and safely maintained in the home or placed for adoption, appointed a legal guardian, permanently placed with a fit and willing relative, or referred to another planned permanent living arrangement.
(5) Whether the minor has been or will be referred to educational services and what services the minor is receiving, including special education and related services if the minor has exceptional needs as described in Part 30 (commencing with Section 56000) of Division 4 of Title 2 of the Education Code or accommodations if the child has disabilities as described in Chapter 16 (commencing with Section 701) of Title 29 of the United States Code Annotated. The probation officer or child advocate shall solicit comments from the appropriate local education agency prior to completion of the social study.
(6) If the parent or guardian is unwilling or unable to participate in making an educational or developmental services decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational or developmental services decisions for the child, the probation department shall consider whether the right of the parent or guardian to make educational or developmental services decisions for the minor should be limited. If the study makes that recommendation, it shall identify whether there is a responsible adult available to make educational or developmental services decisions for the minor pursuant to Section 726.
(7) When the minor is 16 years of age or older and in another planned permanent living arrangement, the social study shall include a description of all of the following:
(A) The intensive and ongoing efforts to return the minor to the home of the parent, place the minor for adoption, or establish a legal guardianship, as appropriate.
(B) The steps taken to do both of the following:
(i) Ensure that the minor’s care provider is following the reasonable and prudent parent standard.
(ii) Determine whether the minor has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consulting with the minor about opportunities for the minor to participate in the activities.
(8) When the minor is under 16 years of age and has a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, the social study shall include a description of any barriers to achieving the permanent plan and the efforts made by the agency to address those barriers.
(9) (A) For a child who is 10 years of age or older and has been declared a ward of the juvenile court pursuant to Section 601 or 602 for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1.
(B) For a child who is 10 years of age or older, whether the probation officer has informed the minor or nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1.
(C) This paragraph does not affect any applicable confidentiality law.
(10) For a child who is 16 years of age or older or for a nonminor dependent, whether the probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(d) At each permanency planning hearing, the social study shall include, but not be limited to, an updated case plan as described in Section 706.6, the factual material described in subdivision (c) of this section, and a recommended permanent plan for the minor.

SEC. 5.

 Section 727.2 of the Welfare and Institutions Code is amended to read:

727.2.
 The purpose of this section is to provide a means to monitor the safety and well-being of every minor in foster care who has been declared a ward of the juvenile court pursuant to Section 601 or 602 and to ensure that everything reasonably possible is done to facilitate the safe and early return of the minor to the minor’s home or to establish an alternative permanent plan for the minor.
(a) If the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for placement pursuant to subdivision (a) of Section 727, the juvenile court shall order the probation department to ensure the provision of reunification services to facilitate the safe return of the minor to the minor’s home or the permanent placement of the minor, and to address the needs of the minor while in foster care, except as provided in subdivision (b).
(b) Reunification services need not be provided to a parent or legal guardian if the court finds by clear and convincing evidence that one or more of the following is true:
(1) Reunification services were previously terminated for that parent or guardian, pursuant to Section 366.21, 366.22, or 366.25, or not offered, pursuant to subdivision (b) of Section 361.5, in reference to the same minor.
(2) The parent has been convicted of any of the following:
(A) Murder of another child of the parent.
(B) Voluntary manslaughter of another child of the parent.
(C) Aiding or abetting, attempting, conspiring, or soliciting to commit that murder or manslaughter described in subparagraph (A) or (B).
(D) A felony assault that results in serious bodily injury to the minor or another child of the parent.
(3) The parental rights of the parent with respect to a sibling have been terminated involuntarily, and it is not in the best interest of the minor to reunify with their parent or legal guardian.
If no reunification services are offered to the parent or guardian, the permanency planning hearing, as described in Section 727.3, shall occur within 30 days of the date of the hearing at which the decision is made not to offer services.
(c) The status of every minor declared a ward and ordered to be placed in foster care shall be reviewed by the court no less frequently than once every six months. The six-month time periods shall be calculated from the date the minor entered foster care, as defined in paragraph (4) of subdivision (d) of Section 727.4. If the court so elects, the court may declare the hearing at which the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727 at the first status review hearing. It shall be the duty of the probation officer to prepare a written social study report including an updated case plan, pursuant to subdivision (b) of Section 706.5, and submit the report to the court prior to each status review hearing, pursuant to subdivision (b) of Section 727.4. The social study report shall include all reports the probation officer relied upon in making their recommendations.
(d) Prior to any status review hearing involving a minor in the physical custody of a community care facility or foster family agency, the facility or agency may provide the probation officer with a report containing its recommendations. Prior to any status review hearing involving the physical custody of a foster parent, relative caregiver, preadoptive parent, or legal guardian, that person may present to the court a report containing their recommendations. The court shall consider all reports and recommendations filed pursuant to subdivision (c) and pursuant to this subdivision.
(e) At any status review hearing prior to the first permanency planning hearing, the court shall consider the safety of the minor and make findings and orders which determine the following:
(1) The continuing necessity for and appropriateness of the placement.
(2) The extent of the probation department’s compliance with the case plan in making reasonable efforts, or in the case of a child 16 years of age or older with another planned permanent living arrangement, the ongoing and intensive efforts to safely return the minor to the minor’s home or to complete whatever steps are necessary to finalize the permanent placement of the minor.
(3) Whether there should be any limitation on the right of the parent or guardian to make educational decisions for the minor. That limitation shall be specifically addressed in the court order and may not exceed what is necessary to protect the minor. If the court specifically limits the right of the parent or guardian to make educational decisions for the minor, the court shall at the same time appoint a responsible adult to make educational decisions for the minor pursuant to Section 726.
(4) The extent of progress that has been made by the minor and parent or guardian toward alleviating or mitigating the causes necessitating placement in foster care.
(5) The likely date by which the minor may be returned to and safely maintained in the home or placed for adoption, appointed a legal guardian, permanently placed with a fit and willing relative, or, if the minor is 16 years of age or older, referred to another planned permanent living arrangement.
(6) In the case of a minor who has reached 16 years of age, the court shall, in addition, determine the services needed to assist the minor to make the transition from foster care to successful adulthood.
The court shall make these determinations on a case-by-case basis and reference in its written findings the probation officer’s report and any other evidence relied upon in reaching its decision.
(7) (A) For a child who is 10 years of age or older, is in junior high, middle, or high school, and has been declared a ward of the juvenile court pursuant to Section 601 or 602 for a year or longer whether the probation officer has taken the actions described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 366.
(B) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this paragraph.
(8) For a child who is 16 years of age or older or for a nonminor dependent, whether the probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(f) At any status review hearing prior to the first permanency hearing, after considering the admissible and relevant evidence, the court shall order return of the minor to the physical custody of the minor’s parent or legal guardian unless the court finds, by a preponderance of evidence, that the return of the minor to the minor’s parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the minor. The probation department shall have the burden of establishing that detriment. In making its determination, the court shall review and consider the social study report, recommendations, and the case plan pursuant to subdivision (b) of Section 706.5, the report and recommendations of any child advocate appointed for the minor in the case, and any other reports submitted to the court pursuant to subdivision (d), and shall consider the efforts or progress, or both, demonstrated by the minor and family and the extent to which the minor availed themselves of the services provided.
(g) At all status review hearings subsequent to the first permanency planning hearing, the court shall consider the safety of the minor and make the findings and orders as described in paragraphs (1) to (4), inclusive, and (6) of subdivision (e). The court shall either make a finding that the previously ordered permanent plan continues to be appropriate or shall order that a new permanent plan be adopted pursuant to subdivision (b) of Section 727.3. However, the court shall not order a permanent plan of “return to the physical custody of the parent or legal guardian after further reunification services are offered,” as described in paragraph (2) of subdivision (b) of Section 727.3.
(h) The status review hearings required by subdivision (c) may be heard by an administrative review panel, provided that the administrative panel meets all of the requirements listed in subparagraph (B) of paragraph (7) of subdivision (d) of Section 727.4.
(i) (1) On and after January 1, 2012, at any status review hearing at which a recommendation to terminate delinquency jurisdiction is being considered, or at the status review hearing held closest to the ward attaining 18 years of age, but no fewer than 90 days before the ward’s 18th birthday, the court shall consider whether to modify its jurisdiction pursuant to Section 601 or 602 and assume transition jurisdiction over the minor pursuant to Section 450. The probation department shall address this issue in its report to the court and make a recommendation as to whether transition jurisdiction is appropriate for the minor.
(2) The court shall order the probation department or the minor’s attorney to submit an application to the child welfare services department pursuant to Section 329 to declare the minor a dependent of the court and modify its jurisdiction from delinquency to dependency jurisdiction if it finds both of the following:
(A) The ward does not come within the description set forth in Section 450, but jurisdiction as a ward may no longer be required.
(B) The ward appears to come within the description of Section 300 and cannot be returned home safely.
(3) The court shall set a hearing within 20 judicial days of the date of its order issued pursuant to paragraph (2) to review the decision of the child welfare services department and may either affirm the decision not to file a petition pursuant to Section 300 or order the child welfare services department to file a petition pursuant to Section 300.
(j) On and after January 1, 2012, if a review hearing pursuant to this section is the last review hearing to be held before the minor attains 18 years of age, the court shall ensure that the minor’s transitional independent living case plan includes a plan for the minor to meet one or more of the criteria in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, so that the minor can become a nonminor dependent, and that the minor has been informed of their right to decline to become a nonminor dependent and to seek termination of the court’s jurisdiction pursuant to Section 607.2.

SEC. 6.

 Section 11465 of the Welfare and Institutions Code is amended to read:

11465.
 (a) If a child is living with a parent who receives AFDC-FC or Kin-GAP benefits, or, on or after July 1, 2017, Approved Relative Caregiver Funding Program (ARC) payments, the rate paid to the provider on behalf of the parent shall include an amount for care and supervision of the child.
(b) For each category of eligible licensed community care facility, as defined in Section 1502 of the Health and Safety Code, the department shall adopt regulations setting forth a uniform rate to cover the cost of care and supervision of the child in each category of eligible licensed community care facility.
(c) (1) On and after July 1, 1998, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 6 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(2) (A) On and after July 1, 1999, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be adjusted by an amount equal to the California Necessities Index computed pursuant to Section 11453, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate, subject to further adjustment pursuant to subparagraph (B).
(B) In addition to the adjustment specified in subparagraph (A), on and after January 1, 2000, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 2.36 percent, rounded to the nearest dollar. The resultant amounts shall constitute the new uniform rate.
(3) Subject to the availability of funds, for the 2000–01 fiscal year and annually thereafter, these rates shall be adjusted for cost of living pursuant to procedures in Section 11453.
(4) On and after January 1, 2008, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be increased by 5 percent, rounded to the nearest dollar. The resulting amount shall constitute the new uniform rate.
(5) Commencing July 1, 2016, the uniform rate to cover the cost of care and supervision of a child pursuant to this section shall be supplemented by an additional monthly amount of four hundred eighty-nine dollars ($489). This monthly supplement shall only be provided if funding for this purpose is appropriated in the annual Budget Act.
(d) (1) (A)  Prior to July 1, 2017, and notwithstanding subdivisions (a) to (c), inclusive, the payment made pursuant to this section for care and supervision of a child who is living with a teen parent in a whole family foster home, as defined in Section 11400, shall equal the basic rate for children placed in a licensed or approved home as specified in subdivisions (a) to (d), inclusive, and subdivision (g), of Section 11461.
(B) On or after July 1, 2017, the payment made for care and supervision of a child who is living with a teen parent in a whole family foster home shall be the uniform rate developed pursuant to subdivision (c).
(2) (A) The amount paid for care and supervision of a dependent infant living with a dependent teen parent receiving AFDC-FC benefits in a group home placement shall equal the infant supplement rate for group home placements.
(B) Commencing January 1, 2017, the amount paid for care and supervision of a dependent infant living with a dependent teenage parent receiving AFDC-FC benefits in a short-term residential therapeutic program shall equal the infant supplement rate for short-term residential therapeutic programs established by the department.
(3) (A) The caregiver shall provide the county child welfare agency or probation department with a copy of the shared responsibility plan developed pursuant to Section 16501.25 and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. Once the plan has been completed and provided to the appropriate agencies, the payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month to reflect the increased care and supervision while the dependent teen parent is placed in the whole family foster home.
(B) A nonminor dependent parent residing in a supervised independent living placement, as defined in subdivision (w) of Section 11400, who develops a written parenting support plan pursuant to Section 16501.26 shall provide the county child welfare agency or probation department with a copy of the plan and shall advise the county child welfare agency or probation department of any subsequent changes to the plan. The payment made pursuant to this section shall be increased by an additional two hundred dollars ($200) per month after all of the following have been satisfied:
(i) The plan has been completed and provided to the appropriate county agency.
(ii) The plan has been approved by the appropriate county agency.
(iii) The county agency has determined that the identified responsible adult meets the criteria specified in Section 16501.27.
(4) In a year in which the payment provided pursuant to this section is adjusted for the cost of living as provided in paragraph (1) of subdivision (c), the payments provided for in this subdivision shall also be increased by the same procedures.
(5) A Kin-GAP relative who, immediately prior to entering the Kin-GAP program, was designated as a whole family foster home shall receive the same payment amounts for the care and supervision of a child who is living with a teen parent they received in foster care as a whole family foster home.
(6) (A) On and after January 1, 2012, and prior to July 1, 2017, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC or Kin-GAP benefits pursuant to Section 11403.
(B) On and after July 1, 2017, the rate paid for a child living with a teen parent in a whole family foster home as defined in Section 11400 shall also be paid for a child living with a nonminor dependent parent who is eligible to receive AFDC-FC, ARC, or Kin-GAP benefits pursuant to Section 11403.
(e) Commencing January 1, 2022, the rate paid for a pregnant minor or nonminor dependent for the month in which the birth is anticipated and for the three-month period immediately prior to the month in which the birth is anticipated shall include the amount that would otherwise be paid under this section to cover the care and supervision of a child, if born. Any amount paid pursuant to this subdivision shall be used to meet the specialized needs of the pregnant minor or nonminor dependent and to properly prepare for the needs of the infant.

SEC. 7.Section 16521.5 of the Welfare and Institutions Code is amended to read:
16521.5.

(a)A foster care provider, in consultation with the county case manager, shall be responsible for ensuring that adolescents, including nonminor dependents, as described in subdivision (v) of Section 11400, 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 or nonminor dependent is provided with appropriate referrals to health services when the foster youth either reaches 18 years of age or the nonminor dependent exits foster care, 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 the provider 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 the provider 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 workgroup, 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 workgroup 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 preteen and older teen foster youth and nonminor dependents.

(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 and nonminor peers.

(5)Selecting and providing appropriate materials to educate foster youth and nonminors 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 workgroup pursuant to subdivision (f).

(h)In order to train case management workers and foster care providers, the department shall develop a curriculum that is consistent with, and in addition to, the pregnancy prevention plan and the curricula guidelines and educational materials developed by the workgroup pursuant to subdivisions (e) and (f).

(i)The curriculum created pursuant to subdivision (h) shall include, but not be limited to, all of the following:

(1)The rights of youth and nonminor dependents in foster care to sexual and reproductive health care and information, to confidentiality of sensitive health information, and the reasonable and prudent parent standard.

(2)How to document sensitive health information, including, but not limited to, sexual and reproductive health issues, in a case plan.

(3)The duties and responsibilities of the assigned case management worker and the foster care provider in ensuring youth and nonminor dependents in foster care can obtain sexual and reproductive health services and information.

(4)Guidance about how to engage and talk with youth and nonminor dependents about healthy sexual development and reproductive and sexual health in a manner that is medically accurate, developmentally and age-appropriate, trauma-informed, and strengths-based.

(5)Information about current contraception methods and how to select and provide appropriate referral resources and materials for information and service delivery.

(j)(1)The department shall compile and report annual performance and outcome data on the implementation of sexual and reproductive health training and education and the availability and use of sexual and reproductive health care services.

(A)Performance data shall include the total number and rate of all of the following:

(i)County social workers and probation officers who have received the information described in subdivision (i) through a training program described in Section 16206.

(ii)Resource families that have received training on the information described in subdivision (i) as part of its annual training.

(iii)Judges who have received the information described in subdivision (i) through a training program described in Section 304.7.

(iv)Group home administrators who have received the information described in subdivision (i) through a training described in subdivision (c) of Section 1522.41 of the Health and Safety Code.

(v)(I)   Foster youth who have received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code and for whom that fact was documented in the youth’s case plan.

(II)Youth who received the education described in subclause (I) in school and those who received it elsewhere.

(vi)Youth for whom the social worker provided the information described in paragraph (21) of subdivision (g) of Section 16501.1 within the last year and for whom that fact was documented in the youth’s case plan.

(B)(i)Outcome data shall include integrated data drawn from data maintained by the State Department of Social Services, the State Department of Health Care Services, and the State Department of Public Health. The categories included in the outcome data, as well as the specific indicators used within each category, shall be determined in consultation with the work group convened pursuant to subdivision (e) and shall include, but not be limited to, those categories listed in clause (ii). Outcome indicators used within each category may include, but are not limited to measures found in the Core Set of Children’s Health Care Quality Measure for Medicaid and CHIP (Child Core Set), and the Healthcare Effectiveness Data and Information Set (HEDIS), or measures developed using Medi-Cal, Family PACT, and other administrative and claims data codes.

(ii)Categories of outcome data shall include, but not be limited to, all of the following:

(I)The total number and rate of youth who gave birth, the number of live births, and the number of live births weighing less than 2,500 grams, such as indicator National Quality Forum (NQF) 1382 from the Child Core Set.

(II)Maternal health outcomes for youth, such as indicator NQF 0471 from the Child Core Set.

(III)Prenatal care received by youth, including, but not limited to, date of initiation of prenatal care by trimester, frequency of service delivery, and type of provider of care, such as indicator NQF 1517 from the Child Core Set.

(IV)Postnatal care received by youth, including, but not limited to, frequency, type of service delivery, and type of provider of care.

(V)The total number and rate of youth who received contraceptive counseling, initiated contraception, and contraception method selected, such as indicators NQF 2902, 2903, and 2904 from the Child Core Set.

(VI)Testing and treatment for sexually transmitted infection in youth, such as indicator NQF 0033 from the Child Core Set or CHL-CH from HEDIS.

(VII)Frequency with which treatment of youth for sexually transmitted infection was followed by testing the same youth for reinfection within a one- to six- month time span.

(VIII)Receipt of annual wellness exam, such as AWC HEDIS, and frequency with which a general health exam or annual exam was paired with contraceptive counseling, pregnancy testing, sexually transmitted infection testing, or contraceptive initiation.

(iii)Outcome data shall be disaggregated and reported by age, race, ethnicity, sexual orientation, gender identity, county, and county placement type if possible.

(iv)Outcome data shall be reported in a way that does not identify individual youth and complies with all applicable state and federal confidentiality and privacy laws and regulations.

(2)The department shall consult the working group convened pursuant to subdivision (e) in the selection of additional performance and outcome data categories and measures to include in the report and in the development of the report framework. Every three years, or earlier if needed, the department shall consult the Department of Health Care Services and the Department of Public Health and revise measures, if necessary.

(3)The report shall be completed annually, commencing on July 1, 2022, and shall be posted on the department’s internet website in a manner that is publicly accessible.

(4)For the purposes of this subdivision, “youth” means foster youth 10 years of age and older and nonminor dependents.

(k)

The department shall adopt regulations to implement this section.

SEC. 8.SEC. 7.

 To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.