AMENDED IN ASSEMBLY APRIL 27, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
98
Introduced by Assembly Member Ahrens
February 20, 2026
An act to amend Sections 309, 827, and 10850 10850, and 16501 of the Welfare and Institutions Code, relating to juveniles.
Vote: majority Appropriation: no Fiscal committee: yes Local program: yes
LEGISLATIVE COUNSEL’S DIGEST
(1) Existing law requires a county social worker to investigate the circumstances of each child taken into temporary custody by a peace officer under specified circumstances. Existing law requires the social worker to conduct an investigation, within 30 days of the child’s removal, to identify and locate adult relatives of the child, as specified, and to provide them with a notification that the child has been removed from the custody of the child’s parents, guardians, or Indian custodian, and an explanation of the various options to participate in the care and placement of the child. Existing law requires a social worker to use due diligence in investigating the names and locations of relatives, and defines “due diligence” to include family finding, as specified.
This bill would authorize a county child welfare agency or probation department to conduct family finding and engagement activities prior to the removal of a child from parental custody, as specified.
(2) Existing law establishes various public social services programs to provide for protection, care, and assistance to the people of the state in need of those services. Existing law, in this regard, and with some exceptions, requires all applications and records concerning any individual made or kept by any public officer or agency in connection with the administration of public social services for which grants-in-aid are received by this state from the federal government be kept confidential. Existing law exempts from those confidentiality provisions the disclosure of information between employees of a county’s adult protective services agency and a county’s child welfare agency for the purpose of multidisciplinary teamwork in the prevention, intervention, management, or treatment of child abuse or neglect or abuse or neglect of an elder or dependent adult. Existing law makes it a misdemeanor to knowingly secure or possess a list of persons who have applied for or who have been granted any form of public service in violation of these provisions.
This bill would additionally exempt from these confidentiality provisions information regarding children receiving child welfare services to be disclosed to relatives and kin nonrelative extended family members without consent if the disclosure is directly connected to the administration of the child welfare program and serves the purpose of identifying placement and support resources for children. By expanding the scope of a crime, this bill would impose a state-mandated local program.
This bill would authorize county child welfare and probation department personnel for the purposes of conducting family finding activities, as specified, to access a juvenile case file. By imposing additional duties on local entities to provide access to these records, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(3) Existing law defines “child welfare services” to mean public social services that are directed toward the accomplishment of various purposes, including protecting and promoting the welfare of all children, and includes, among other services, emergency response services and family maintenance services.
This bill would modify the definition of “child welfare services.” The bill would require, upon providing child welfare services to a child or family, whether court-ordered or voluntarily accepted, the county child welfare agency or probation department to develop a case plan, as specified. The bill would authorize, as part of the case planning process, a county child welfare agency or probation department to conduct family finding and engagement activities to support the goals identified in the case plan. The bill would define “family finding and engagement” for these purposes. To the extent this bill increases the duties of county welfare agencies or probation departments, this bill imposes a state-mandated local program.
(4) 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.
The people of the State of California do enact as follows:
SECTION 1.
Section 309 of the Welfare and Institutions Code is amended to read:
309.
(a) Upon delivery to the social worker of a child who has been taken into temporary custody under this article, the social worker shall immediately investigate the circumstances of the child and the facts surrounding the child’s being taken into custody and attempt to maintain the child with the child’s family through the provision of services. The social worker shall immediately release the child to the custody of the child’s parent, guardian, Indian custodian, or relative, regardless of the parent’s, guardian’s, Indian custodian’s, or relative’s immigration status, unless one or more of the following conditions exist:
(1) The child has no parent, guardian, Indian custodian, or relative willing to provide care for the child.
(2) Continued detention of the child is a matter of immediate and urgent necessity for the protection of the child and there are no reasonable means by which the child can be protected in their home or the home of a relative.
(3) If it is known or there is reason to know the child is an Indian child, the child has been physically removed from the custody of a parent or parents or an Indian custodian, continued detention of the child continues to be necessary to prevent imminent physical damage or harm to the child, and there are no reasonable means by which the child can be protected if maintained in the physical custody of their parent or parents or Indian custodian.
(4) There is substantial evidence that a parent, guardian, or Indian custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
(5) The child has left a placement in which the child was placed by the juvenile court.
(6) The parent or other person having lawful custody of the child voluntarily surrendered physical custody of the child pursuant to Section 1255.7 of the Health and Safety Code and did not reclaim the child within the 14-day period specified in subdivision (g) of that section.
(b) In any case in which there is reasonable cause for believing that a child who is under the care of a physician and surgeon or a hospital, clinic, or other medical facility, cannot be immediately moved, and is a person described in Section 300, the child shall be deemed to have been taken into temporary custody and delivered to the social worker for the purposes of this chapter while the child is at the office of the physician and surgeon or the medical facility.
(c) If the child is not released to their parent or guardian, the child shall be deemed detained for purposes of this chapter.
(d) (1) If a relative, as defined in Section 319, an extended family member of an Indian child, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, is available and requests emergency placement of the child pending the detention hearing, or after the detention hearing and pending the dispositional hearing conducted pursuant to Section 358, the county welfare department shall initiate an assessment of the relative’s or nonrelative extended family member’s suitability for emergency placement pursuant to Section 361.4.
(2) Upon completion of the assessment pursuant to Section 361.4, the child may be placed in the home on an emergency basis. Following the emergency placement of the child, the county welfare department shall evaluate and approve or deny the home pursuant to Section 16519.5. If the home in which the Indian child is placed is licensed or approved by the child’s tribe, the provisions of Section 16519.5 do not apply for further approval. The county shall require the relative or nonrelative extended family member to submit an application for approval as a resource family and initiate the home environment assessment no later than five business days after the placement.
(3) If the sole issue preventing an emergency placement of a child with a relative or nonrelative extended family member is a lack of resources, including, but not limited to, physical items such as cribs and car seats, the agency shall use reasonable efforts to assist the relative or nonrelative extended family member in obtaining the necessary items within existing available resources. The department shall work with counties and stakeholders to issue guidance regarding reasonable efforts requirements.
(e) (1) If the child is removed, or upon the initiation of child welfare services when a child is accepted for services as defined in subdivision (k),
the social worker shall conduct, within 30 days, an investigation in order to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling, adult siblings, other adult relatives of the child, as defined in paragraph (2) of subdivision (h) of Section 319, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). As used in this section, “sibling” means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent. The social worker shall provide to all adult relatives who are located, except when that relative’s history of family or domestic
violence makes notification inappropriate, within 30 days of removal of the child, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
(A) The child has been removed from the custody of their parent or parents, guardian or guardians, or Indian custodian.
(B) An explanation of the various options to participate in the care and placement of the child and support for the child’s family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a resource family, and additional services and support that are available in out-of-home placements, and, if it is known or there is reason to know the child is an Indian child, the option of obtaining approval for placement through the tribe’s license or approval procedure. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), adoption, and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. The State Department of Social Services, in consultation with the County Welfare Directors Association of California and other interested stakeholders, shall develop the written notice.
(2) The social worker shall also provide the adult relatives notified pursuant to paragraph (1) with a relative information form to provide information to the social worker and the court regarding the needs of the child. The form shall include a provision whereby the relative may request the permission of the court to address the court, if the relative so chooses. The Judicial Council, in consultation with the State Department of Social Services and the County Welfare Directors Association of California, shall develop the form.
(3) (A) The social worker shall use due diligence in investigating the names and locations of the relatives, as well as any parent and alleged parent, pursuant to paragraph (1), including, but not limited to, asking the child in an age-appropriate manner about any parent, alleged parent, and relatives important to the child, consistent with the child’s best interest, and obtaining information regarding the location of the child’s parents, alleged parents, and adult relatives. Each county welfare department shall do all of the following:
(i) Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify themselves to the county welfare department and the county welfare department shall provide parents and relatives with the notices required by paragraphs (1) and (2).
(ii) Notify the State Department of Social Services, on or before January 1, 2024, in an email or other correspondence, whether it has adopted one of the suggested practices for family finding described in All-County Letter 18-42 and, generally, whether the practice has been implemented through training, memoranda, manuals, or comparable documents. If a county welfare department has not adopted one of the suggested practices for family finding described in All-County Letter 18-42, the county welfare department shall provide a copy to the State Department of Social Services of its existing family finding policies and practices, as reflected in memoranda, handbooks, manuals, training manuals, or any other document, that are in existence prior to January 1, 2022.
(iii) Beginning January 1, 2027, and annually thereafter, each county shall review publicly available data, including data from the California Child Welfare Indicators Project, comparing the statewide average rate of placing children with relatives and, in the case of Indian children, the statewide average rate of placing children according to the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) placement preferences, as described in subdivision (b) of Section 361.31, with the county’s average rate of placement, as follows:
(I) By October 1, the county shall review data for a one-year period ending July 1 of the prior calendar year.
(II) If the county’s average rate is less than the statewide average, the county welfare director, or their designee, shall communicate with the Center for Excellence in Family Finding, Engagement, and Support to identify best practices that may be adopted by the county to improve its average rate of placing children with relatives. By no later than December 1 of the year of the review, the county shall begin communications with the center, and shall communicate with the center at least three more times on a quarterly basis. For purposes of this requirement, communication includes email, video conference, or phone call.
(iv) A county child welfare agency or probation department may conduct family finding and engagement activities prior to the removal of a child from parental custody as authorized by subdivision (c) of Section 16501, or is otherwise required to follow the family finding investigation and notification procedures applicable under this subdivision.
(B) The due diligence required under subparagraph (A) shall include family finding. For purposes of this section, “family finding” means conducting an investigation, including, but not limited
to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is an Indian child as defined by Section 224.1, “family finding” also includes contacting the Indian child’s tribe to identify relatives and kin. Family finding activities shall include both of the following:
(ii) Notifying relatives and kin of all of the following:
(I) That the child is or may be entering foster care or receiving child welfare services.
(II) Available options to participate in the care and placement of the child.
(III) Services and supports available to relatives and kin.
(IV) Requirements to become a foster family home or approved placement.
(C) If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, “family finding” also includes contacting the Indian child’s tribe to identify relatives and kin.
(4) The family finding activities required by this subdivision shall be initiated within 30 calendar days of either the child’s removal from physical custody or when a child is accepted for services, whichever occurs first.
(5) Family finding activities shall be ongoing throughout the life of the case unless discontinued pursuant to subdivision (j).
(f) Notwithstanding Sections 827, 5328, 10850, or any other confidentiality provision, county child welfare and probation departments are explicitly authorized to disclose the following information to relatives and kin for the purposes of family finding activities:
(1) The following information shall be provided to all identified relatives and kin:
(A) The fact that a child has entered or may enter foster care or is receiving child welfare services.
(B) General information about options to participate in the care and placement of the child.
(C) Available services, supports, and resources for relatives and kin.
(D) Requirements and process to become a foster family home or approved placement.
(E) Contact information for the assigned social worker or other county personnel.
(2) The following information may be provided to all identified relatives and kin after verification of relationship and determination that sharing the information services the best interests of the child:
(A) The child’s first name only, unless using the full name is necessary to identify which child is involved and doing so serves the child’s best interests.
(B) The approximate location where services are being provided by city or region, not by specific address.
(C) The general nature of the safety concerns that led to agency involvement, for example, “neglect,” “physical abuse,” or “substance abuse,” without disclosing specific details that would violate privacy or compromise safety.
(D) The child’s general well-being and current placement setting type.
(E) Opportunities to visit or have contact with the child, subject to court orders or safety assessments.
(3) The following information shall not be provided to identified relatives and kin unless authorized by court order or consent from the family of origin, with consideration of the child’s wishes when age and developmentally appropriate:
(A) Specific addresses of placements, parents, or other protected locations.
(B) Detailed case file contents, reports, or assessments.
(C) Mental health records protected under Section 5328.
(D) Substance abuse treatment records protected under Part 2 (commencing with Section 2.1) of Chapter I of Subchapter A of Title 42 of the Code of Federal Regulations.
(E) Medical records protected under the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, as amended).
(F) Information that would compromise child’s safety or the safety of others.
(G) Information about parents or other parties beyond what is necessary for family finding purposes.
(g) Before making disclosures pursuant to paragraph (2) of subdivision (f), county personnel shall do all of the following:
(1) Take reasonable steps to verify the claimed relationship.
(2) Assess whether sharing information with that individual serves the child’s best interests.
(3) Consider any safety concerns, protective orders, or prior findings of abuse or neglect involving the individual to whom the information is to be disclosed.
(4) Document the verification and assessment in the case file.
(h) (1) County personnel are authorized to use social media platforms, internet search engines, public record databases, and other electronic resources to identify and locate relatives and kin.
(2) When using social media for outreach, county personnel shall do all of the following:
(A) Use private messaging only and shall not make public posts about the child or case.
(B) Limit identifying information about the child.
(C) Not post photographs or videos of the child.
(D) Document all social media contacts in the case file.
(3) Information obtained through social media research shall be verified through traditional means before being relied upon for placement decisions.
(i) Within 180 days of the effective date of the act that added this subdivision, the department shall develop training for county personnel on the information sharing authorizations and limitations in subdivision (f), the verification and assessment requirements in subdivision (g), the social media and electronic resource standards in subdivision (h), and best practices for balancing transparency with privacy protection. The department shall make this training available to all counties and shall require that all county child welfare and probation personnel who conduct family finding activities complete the training within 180 days of the training becoming available or within 60 days of assignment to family finding duties, whichever is later.
(j) (1) A county agency may discontinue active family finding activities for a child under the following circumstances:
(A) A court has made a specific determination that continued family finding no longer serves the best interests of the child or poses a threat to the child’s safety based on credible evidence of a specific safety threat.
(B) For a child not under court jurisdiction, but who is accepted for services, as defined in subdivision (k), the county agency has determined that continued family finding poses a threat to the child’s safety based on credible, documented evidence. The county shall document the specific reasons for this determination in the case file.
(C) The child is in a preadoptive placement and adoption proceedings have been commenced.
(D) The child has reached 21 years of age and is no longer in foster care or receiving extended foster care services.
(2) The decision to discontinue family finding shall be documented in the case file and reviewed at each case plan update.
(3) Family finding activities may be resumed at any time if circumstances change or if previously unavailable relatives or kin become available.
(k) For the purposes of this section, “child is accepted for services” means the decision by a county child welfare or probation department, based on the needs and problems of the child or family, to admit or receive the child or family as clients of the agency. This includes, but is not limited to, the following situations:
(1) An emergency response referral is substantiated or determined by the child welfare agency to require services.
(2) The child receives services through a diversion program pursuant to Section 654 or 654.2, or is a child as described under Section 601 or 602 and has not been put on a placement order, and is determined by the probation or child welfare agency to be at risk of removal from parents or legal guardian.
(3) The family enters into a voluntary family maintenance or family reunification services agreement.
(4) The child is placed in voluntary out-of-home care.
(5) A prevention services case is opened.
(6) The child is detained or removed from parental custody.
(7) The court orders the provision of services.
(l) (1) Within 180 days of the effective date of the act adding subdivisions (f) through (k), inclusive, the State Department of Social Services shall do all of the following:
(A) Issue an all-county letter or all-county information notice providing comprehensive guidance on implementing the family finding authorization and information sharing standards established by this section.
(B) Develop and distribute standardized consent forms for use at child and family team meetings.
(C) Create training materials and curricula for county child welfare personnel.
(D) Establish quality assurance mechanisms to monitor implementation across counties.
(2) Within 270 days of the effective date of the act adding subdivisions (f) through (k), inclusive, counties shall review and update their policies and procedures to conform to this section.
(3) The State Department of Social Services is authorized and directed to adopt emergency regulations to implement this section, including standards for verification of relationships, procedures for information sharing assessment, and guidelines for appropriate use of social media and electronic resources in family finding.
Section 827 of the Welfare and Institutions Code is amended to read:
827.
(a) (1) Except as provided in Section 828, a case file may be inspected only by the following:
(A) Court personnel.
(B) The district attorney, a city attorney, or city prosecutor authorized to prosecute criminal or juvenile cases under state law.
(C) The minor who is the subject of the proceeding.
(D) The minor’s parent or guardian.
(E) The attorneys for the parties, judges, referees, other hearing officers, probation officers, and law enforcement officers who are actively participating in criminal or juvenile proceedings involving the minor.
(F) (i) The county counsel, city attorney, or any other attorney representing the county child welfare agency in dependency proceedings.
(ii) The county counsel or city attorney representing the child welfare agency or probation department in connection with the administration or review of child welfare or probation services provided by the agency or department to the subject of the case file or to that person’s sibling, parent, or legal guardian.
(G) The superintendent or designee of the school district where the minor is enrolled or attending school.
(H) Members of the child protective agencies as described in Section 11165.9 of the Penal Code.
(I) The State Department of Social Services, to carry out its duties pursuant to Division 9 (commencing with Section 10000) of this code and Part 5 (commencing with Section 7900) of Division 12 of the Family Code to oversee and monitor county child welfare agencies, children in foster care or receiving foster care assistance, and out-of-state placements, Section 10850.4, and paragraph (2).
(J) (i) Authorized staff who are employed by, or authorized staff of entities who are licensed by, the State Department of Social Services, as necessary to the performance of their duties related to resource family approval, and authorized staff who are employed by the State Department of Social Services as necessary to inspect, approve, or license, and monitor or investigate community care facilities or resource families, and to ensure that the standards of care and services provided in those facilities are adequate and appropriate, and to ascertain compliance with the rules and regulations to which the facilities are subject.
(ii) The confidential information shall remain confidential except for purposes of inspection, approval or licensing, or monitoring or investigation pursuant to Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing with Section 1596.70) of Division 2 of the Health and Safety Code and Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9. The confidential information may also be used by the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and may not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Social Services determines that no further action will be taken in the matter. Except as otherwise provided in this subdivision, confidential information shall not contain the name of the minor.
(K) Members of children’s multidisciplinary teams, persons, or agencies providing treatment or supervision of the minor.
(L) A judge, commissioner, or other hearing officer assigned to a family law case with issues concerning custody or visitation, or both, involving the minor, and the following persons, if actively participating in the family law case: a family court mediator assigned to a case involving the minor pursuant to Article 1 (commencing with Section 3160) of Chapter 11 of Part 2 of Division 8 of the Family Code, a court-appointed evaluator or a person conducting a court-connected child custody evaluation, investigation, or assessment pursuant to Section 3111 or 3118 of the Family Code, and counsel appointed for the minor in the family law case pursuant to Section 3150 of the Family Code. Prior to allowing counsel appointed for the minor in the family law case to inspect the file, the court clerk may require counsel to provide a certified copy of the court order appointing the minor’s counsel.
(M) When acting within the scope of investigative duties of an active case, a statutorily authorized or court-appointed investigator who is conducting an investigation pursuant to Section 7663, 7851, or 9001 of the Family Code, or who is actively participating in a guardianship case involving a minor pursuant to Part 2 (commencing with Section 1500) of Division 4 of the Probate Code and acting within the scope of the investigator’s duties in that case.
(N) A local child support agency for the purpose of establishing paternity and establishing and enforcing child support orders.
(O) Juvenile justice commissions as established under Section 225. The confidentiality provisions of Section 10850 shall apply to a juvenile justice commission and its members.
(P) The Department of Justice, to carry out its duties pursuant to Sections 290.008 and 290.08 of the Penal Code as the repository for sex offender registration and notification in California.
(Q) Any other person who may be designated by court order of the judge of the juvenile court upon filing a petition.
(R) A probation officer who is preparing a report pursuant to Section 1178 on behalf of a person who was in the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Justice and who has petitioned the Board of Juvenile Hearings for an honorable discharge.
(S) (i) The attorneys in an administrative hearing involving the minor or nonminor only as necessary to meet the requirements of Sections 10952 and 10952.5.
(ii) The confidential information shall remain confidential for purposes of the administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. The confidential information shall be sealed after the conclusion of the administrative hearing, and shall not subsequently be released except in accordance with this subdivision.
(T) Personnel of the State Department of Social Services, to carry out the duties of the department pursuant to paragraph (1) of subdivision (c) of Section 9100 of the Family Code or paragraph (3) of subdivision (e) of Section 366.26.
(U) Personnel of the Office of Youth and Community Restoration, to carry out the duties of the office pursuant to Sections 2200, 2200.2, 2200.5, and 2200.7.
(V) The attorney representing a person who is, or was, subject to juvenile proceedings under Section 300, 601, or 602.
(W) (i) An attorney representing a party in a civil proceeding filed by, or on behalf of, the person who is the subject of the juvenile case file, in which the defendant is either the child welfare agency, or probation department, or an employee of one of those entities, for use in the civil proceeding as provided in this subparagraph.
(ii) Information and copies of records from a juvenile case file received pursuant to this subparagraph may only be used in the civil proceeding and, consistent with paragraph (4), shall not be disseminated to anyone who is not entitled to access under this subparagraph or any other state law or federal law or regulation, and shall not be used or made as an attachment to any other document in any other proceeding without the prior approval of the juvenile court.
(iii) Notwithstanding any other law, and subject to subparagraph (A) of paragraph (3), the immigration status of any individual in the juvenile case file, and information contained in the juvenile case file that pertains only to a sibling or to a minor who is not the subject of the juvenile case file, shall remain confidential and shall not be released pursuant to this subparagraph absent an order by the juvenile court.
(iv) Notwithstanding paragraph (4), information and copies of records from a juvenile case file may be provided to persons assisting the attorneys for the parties in the civil proceeding for their use in that proceeding without the prior approval of the court. Persons assisting the attorneys shall return all copies of records from a juvenile case file provided by an attorney pursuant to this subparagraph at the conclusion of the civil proceeding.
(v) An attorney who obtains access to a juvenile case file pursuant to this subparagraph and provides copies of records to persons assisting the attorneys for the parties in the civil proceeding for their use in that proceeding pursuant to clause (iii) shall take appropriate steps to ensure that all of the copies of the records are returned to the attorney upon conclusion of the civil proceeding. The attorney shall also take appropriate steps to ensure that all copies of records from a juvenile case file obtained pursuant to this subparagraph are destroyed upon the conclusion of the civil proceeding consistent with other applicable laws.
(vi) Any information and copies of records from a juvenile case file received pursuant to this subparagraph that is submitted to the court or attached to pleadings in a civil action by an attorney representing a party other than the person who is the subject of the juvenile case file shall be submitted to the court with a motion or application for an order by the court for the submission or pleadings to be filed under seal, unless the judicial officer presiding over the civil matter rules otherwise. The person who is the subject of the juvenile case file may object during, or upon the conclusion of, the civil proceeding to any information or copies of records being filed under seal and may request that the information or records be filed without sealing. The court shall grant the request of the person who is the subject of the case file in regards to all information or records contained in the case file, except upon a finding of unusual circumstances.
(vii) For purposes of this subparagraph, “civil proceeding” means a civil action or a government claim filed pursuant to Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code.
(X) County child welfare and probation department personnel for the purposes of conducting family finding activities authorized by subdivision (j) of Section 309. Access and disclosure of information pursuant to this subparagraph shall be limited to the information specified in subdivision (j) of Section 309.
(2) (A) Notwithstanding any other law, and subject to subparagraph (A) of paragraph (3), juvenile case files, except those relating to matters within the jurisdiction of the court pursuant to Section 601 or 602, that pertain to a deceased child who was within the jurisdiction of the juvenile court pursuant to Section 300, shall be released to the public pursuant to an order by the juvenile court after a petition has been filed and interested parties have been afforded an opportunity to file an objection. Any information relating to another child or that could identify another child, except for information about the deceased, shall be redacted from the juvenile case file prior to release, unless a specific order is made by the juvenile court to the contrary. Except as provided in this paragraph, the presiding judge of the juvenile court may issue an order prohibiting or limiting access to the juvenile case file, or any portion thereof, of a deceased child only upon a showing by a preponderance of evidence that release of the juvenile case file or any portion thereof is detrimental to the safety, protection, or physical or emotional well-being of another child who is directly or indirectly connected to the juvenile case that is the subject of the petition.
(B) This paragraph represents a presumption in favor of the release of documents when a child is deceased unless the statutory reasons for confidentiality are shown to exist.
(C) If a child whose records are sought has died, and documents are sought pursuant to this paragraph, no weighing or balancing of the interests of those other than a child is permitted.
(D) A petition filed under this paragraph shall be served on interested parties by the petitioner, if the petitioner is in possession of their identity and address, and on the custodian of records. Upon receiving a petition, the custodian of records shall serve a copy of the request upon all interested parties that have not been served by the petitioner or on the interested parties served by the petitioner if the custodian of records possesses information, such as a more recent address, indicating that the service by the petitioner may have been ineffective.
(E) The custodian of records shall serve the petition within 10 calendar days of receipt. If an interested party, including the custodian of records, objects to the petition, the party shall file and serve the objection on the petitioning party no later than 15 calendar days after service of the petition.
(F) The petitioning party shall have 10 calendar days to file a reply. The juvenile court shall set the matter for hearing no more than 60 calendar days from the date the petition is served on the custodian of records. The court shall render its decision within 30 days of the hearing. The matter shall be decided solely upon the basis of the petition and supporting exhibits and declarations, if any, the objection and any supporting exhibits or declarations, if any, and the reply and any supporting declarations or exhibits thereto, and argument at hearing. The court may, solely upon its own motion, order the appearance of witnesses. If an objection is not filed to the petition, the court shall review the petition and issue its decision within 10 calendar days of the final day for filing the objection. An order of the court shall be immediately reviewable by petition to the appellate court for the issuance of an extraordinary writ.
(3) Access to juvenile case files pertaining to matters within the jurisdiction of the juvenile court pursuant to Section 300 or Section 601 or 602 shall be limited as follows:
(A) If a juvenile case file, or any portion thereof, is privileged or confidential pursuant to any other state law or federal law or regulation, the requirements of that state law or federal law or regulation prohibiting or limiting release of the juvenile case file or any portions thereof shall prevail. Unless a person is listed in subparagraphs (A) to (P), inclusive, or subparagraph (V), (W), or (X) of paragraph (1) and is entitled to access under the other state law or federal law or regulation without a court order, all those seeking access, pursuant to other authorization, to portions of, or information relating to the contents of, juvenile case files protected under another state law or federal law or regulation, shall petition the juvenile court. The juvenile court may only release the portion of, or information relating to the contents of, juvenile case files protected by another state law or federal law or regulation if disclosure is not detrimental to the safety, protection, or physical or emotional well-being of a child, minor, or person who is directly or indirectly connected to the juvenile case that is the subject of the petition. This paragraph does not limit the ability of the juvenile court to carry out its duties in conducting juvenile court proceedings.
(B) Prior to the release of the juvenile case file or any portion thereof, the court shall afford due process, including a notice of, and an opportunity to file an objection to, the release of the record or report to all interested parties.
(C) This paragraph does not limit or repeal any other applicable legal standard or protections designed to safeguard private, confidential, or privileged information.
(4) A juvenile case file, any portion thereof, and information relating to the content of the juvenile case file, may not be disseminated by the receiving persons or agencies to a person or agency, other than a person or agency authorized to receive documents pursuant to this section. Further, a juvenile case file, any portion thereof, and information relating to the content of the juvenile case file, may not be made as an attachment to any other documents without the prior approval of the presiding judge of the juvenile court, unless it is used in connection with, and in the course of, a criminal investigation or a proceeding brought to declare a person a dependent child or ward of the juvenile court, or as authorized by subparagraph (W) or (X) of paragraph (1), or subdivision (j) of Section 309.
(5) Individuals listed in subparagraphs (A), (B), (C), (D), (E), (F), (H), (I), (J), (P), (S), (T), (U), (V), (W), and (X) of paragraph (1) may also receive copies of the case file. For authorized staff of entities who are licensed by the State Department of Social Services, the confidential information shall be obtained through a child protective agency, as defined in subparagraph (H) of paragraph (1). In these circumstances, the requirements of paragraph (4) shall continue to apply to the information received.
(6) An individual other than a person described in subparagraphs (A) to (P), inclusive, of paragraph (1) who files a notice of appeal or petition for writ challenging a juvenile court order, or who is a respondent in that appeal or real party in interest in that writ proceeding, may, for purposes of that appeal or writ proceeding, inspect and copy any records in a juvenile case file to which the individual was previously granted access by the juvenile court pursuant to subparagraph (Q) of paragraph (1), including any records or portions thereof that are made a part of the appellate record. The requirements of paragraph (3) shall continue to apply to any other record, or a portion thereof, in the juvenile case file or made a part of the appellate record. The requirements of paragraph (4) shall continue to apply to files received pursuant to this paragraph. The Judicial Council shall adopt rules to implement this paragraph.
(b) (1) While the Legislature reaffirms its belief that juvenile court records, in general, should be confidential, it is the intent of the Legislature in enacting this subdivision to provide for a limited exception to juvenile court record confidentiality to promote more effective communication among juvenile courts, family courts, law enforcement agencies, and schools to ensure the rehabilitation of juvenile criminal offenders as well as to lessen the potential for drug use, violence, other forms of delinquency, and child abuse.
(2) (A) Notwithstanding subdivision (a), written notice that a minor enrolled in a public school, kindergarten to grade 12, inclusive, has been found by a court of competent jurisdiction to have committed a felony or misdemeanor involving curfew, gambling, alcohol, drugs, tobacco products, carrying of weapons, a sex offense listed in Section 290 of the Penal Code, assault or battery, larceny, vandalism, or graffiti shall be provided by the court, within seven days, to the superintendent of the school district of attendance. Written notice shall include only the offense found to have been committed by the minor and the disposition of the minor’s case. This notice shall be expeditiously transmitted by the district superintendent to the principal at the school of attendance. The principal shall expeditiously disseminate the information to those counselors directly supervising or reporting on the behavior or progress of the minor. In addition, the principal shall disseminate the information to any teacher or administrator directly supervising or reporting on the behavior or progress of the minor whom the principal believes needs the information to work with the pupil in an appropriate fashion to avoid being needlessly vulnerable or to protect other persons from needless vulnerability.
(B) Any information received by a teacher, counselor, or administrator under this subdivision shall be received in confidence for the limited purpose of rehabilitating the minor and protecting students and staff, and shall not be further disseminated by the teacher, counselor, or administrator, except insofar as communication with the juvenile, the juvenile’s parents or guardians, law enforcement personnel, and the juvenile’s probation officer is necessary to effectuate the juvenile’s rehabilitation or to protect students and staff.
(C) An intentional violation of the confidentiality provisions of this paragraph is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500).
(3) If a minor is removed from public school as a result of the court’s finding described in subdivision (b), the superintendent shall maintain the information in a confidential file and shall defer transmittal of the information received from the court until the minor is returned to public school. If the minor is returned to a school district other than the one from which the minor came, the parole or probation officer having jurisdiction over the minor shall so notify the superintendent of the last district of attendance, who shall transmit the notice received from the court to the superintendent of the new district of attendance.
(c) Each probation report filed with the court concerning a minor whose record is subject to dissemination pursuant to subdivision (b) shall include on the face sheet the school at which the minor is currently enrolled. The county superintendent shall provide the court with a listing of all of the schools within each school district, within the county, along with the name and mailing address of each district superintendent.
(d) (1) Each notice sent by the court pursuant to subdivision (b) shall be stamped with the instruction: “Unlawful Dissemination Of This Information Is A Misdemeanor.” Any information received from the court shall be kept in a separate confidential file at the school of attendance and shall be transferred to the minor’s subsequent schools of attendance and maintained until the minor graduates from high school, is released from juvenile court jurisdiction, or reaches 18 years of age, whichever occurs first. After that time, the confidential record shall be destroyed. At any time after the date by which a record required to be destroyed by this section should have been destroyed, the minor or the minor’s parent or guardian shall have the right to make a written request to the principal of the school that the minor’s school records be reviewed to ensure that the record has been destroyed. Upon completion of the requested review and no later than 30 days after the request for the review was received, the principal or a designee shall respond in writing to the written request and either shall confirm that the record has been destroyed or, if the record has not been destroyed, shall explain why destruction has not yet occurred.
(2) Except as provided in paragraph (2) of subdivision (b), liability shall not attach to a person who transmits or fails to transmit notice or information required under subdivision (b).
(e) For purposes of this section, a “juvenile case file” means a petition filed in a juvenile court proceeding, reports of the probation officer, and all other records, including any writing as defined in Section 250 of the Evidence Code, or electronically stored information relating to the minor, that is filed in that case or made available to the probation officer in making the probation officer’s report, or to the judge, referee, or other hearing officer, and thereafter retained by the probation officer, judge, referee, or other hearing officer.
(f) The persons described in subparagraphs (A), (E), (F), (H), (K), (L), (M), and (N) of paragraph (1) of subdivision (a) include persons serving in a similar capacity for an Indian tribe, reservation, or tribal court when the case file involves a child who is a member of, or who is eligible for membership in, that tribe.
(g) Any portion of a case file that is covered by, or included in, an order of the court sealing a record pursuant to Section 781 or 786, or that is covered by a record sealing requirement pursuant to Section 786.5 or 827.95, may not be inspected, except as specified by those sections.
SEC. 3.SEC. 2.
Section 10850 of the Welfare and Institutions Code is amended to read:
10850.
(a) Except as otherwise provided in this section, all applications and records concerning any individual made or kept by a public officer or agency in connection with the administration of this code relating to any form of public social services, including protective services provided through public social services agencies, for which grants-in-aid are received by this state from the United States government shall be confidential, and shall not be open to examination for any purpose not directly connected with the administration of that program, or any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of that program. The disclosure of information that identifies, by name or address, an applicant for, or recipient of, these grants-in-aid to any committee or legislative body is prohibited, except as provided in subdivision (b).
(b) Except as otherwise provided in this section, a person shall not publish or disclose or permit or cause to be published or disclosed a list of persons receiving public social services. Any county welfare department in this state may release lists of applicants for, or recipients of, public social services, to any other county welfare department or the State Department of Social Services, and these lists or any other records shall be released when requested by any county welfare department or the State Department of Social Services. These lists or other records shall only be used for purposes directly connected with the administration of public social services or to notify a public social service recipient of their potential eligibility for other benefits and services not administered by the State Department of Social Services, including, but not limited to, education and access to critical public health services and poverty-alleviating benefits, as determined by the State Department of Social Services. Except for those purposes, a person shall not publish, disclose, or use or permit or cause to be published, disclosed, or used any confidential information pertaining to an applicant or recipient.
(c) Any county welfare department and the State Department of Social Services shall provide any governmental entity that is authorized by law to conduct an audit or similar activity in connection with the administration of public social services, including any committee or legislative body so authorized, with access to any public social service applications and records described in subdivision (a) to the extent of the authorization. Those committees, legislative bodies, and other entities may only request or use these records for the purpose of investigating the administration of public social services, and shall not disclose the identity of any applicant or recipient except in the case of a criminal or civil proceeding conducted in connection with the administration of public social services.
(d) This section does not prohibit the furnishing of this information to other public agencies to the extent required for verifying eligibility or for other purposes directly connected with the administration of public social services, or to county superintendents of schools or superintendents of school districts only as necessary for the administration of federally assisted programs providing assistance in cash or in-kind or services directly to individuals on the basis of need. Any person knowingly and intentionally violating this subdivision is guilty of a misdemeanor.
(e) This section does not prohibit employees of a county’s adult protective services agency or a county’s child welfare agency from disclosing information with each other for the purpose of multidisciplinary teamwork in the prevention, intervention, management, or treatment of child abuse or neglect or abuse or neglect of an elder or dependent adult.
(f) In the context of a petition for the appointment of a conservator for a person who is receiving, or has received, aid from a public agency, as indicated above, or in the context of a criminal prosecution for a violation of Section 368 of the Penal Code both of the following shall apply:
(1) An adult protective services employee or ombudsperson may answer truthfully at any proceeding related to the petition or prosecution, when asked if the employee or ombudsperson is aware of information that they believe is related to the legal mental capacity of that aid recipient or the need for a conservatorship for that aid recipient. If the adult protective services employee or ombudsperson states that they are aware of such information, the court may order the adult protective services employee or ombudsperson to testify about personal observations and to disclose all relevant agency records.
(2) The court may order the adult protective services employee or ombudsperson to testify about personal observations and to disclose any relevant agency records if the court has other independent reason to believe that the adult protective services employee or ombudsperson has information that would facilitate the resolution of the matter.
(g) The State Department of Social Services may make rules and regulations governing the custody, use, and preservation of all records, papers, files, and communications pertaining to the administration of the laws relating to public social services under its jurisdiction. The rules and regulations shall be binding on all departments, officials, and employees of the state, or of any political subdivision of the state, and may provide for giving information to, or exchanging information with, agencies, public or political subdivisions of the state, and may provide for giving information to, or exchanging information with, agencies, public or private, that are engaged in planning, providing, or securing social services for, or on behalf of, recipients or applicants; and for making case records available for research purposes, provided that making these case records available will not result in the disclosure of the identity of applicants for, or recipients of, public social services and will not disclose any personal information in a manner that would link the information disclosed to the individual to whom it pertains, unless the department has complied with subdivision (t) of Section 1798.24 of the Civil Code.
(h) A person, including every public officer and employee, who knowingly secures or possesses, other than in the course of official duty, duties, an official list or a list compiled from official sources, published or disclosed in violation of this section, of persons who have applied for, or who have been granted, any form of public social services for which state or federal funds are made available to the counties is guilty of a misdemeanor.
(i) This section does not prohibit an employee of a county welfare department from disclosing confidential information concerning a public social services
applicant or recipient to a state or local law enforcement agency investigating or gathering information regarding a criminal act committed in a welfare department office, a criminal act against a county or state welfare worker, or a criminal act witnessed by a county or state welfare worker while involved in the administration of public social services at any location. Further, this section does not prohibit an employee of a county welfare department from disclosing confidential information concerning a public social services applicant or recipient to a state or local law enforcement agency investigating or gathering information regarding a criminal act intentionally committed by the applicant or recipient against an off-duty county or state welfare worker in retaliation for an act performed in the course of the welfare worker’s duty
duties when the person committing the offense knows, or reasonably should know, that the victim is a state or county welfare worker. These criminal acts shall include only those that are in violation of state or local law. Disclosure of confidential information pursuant to this subdivision shall be limited to the applicant’s or recipient’s name, physical description, and address.
(j) The provisions of this section shall be operative only to the extent permitted by federal law and shall not apply to, but exclude, Chapter 7 (commencing with Section 14000) and Chapter 8 (commencing with Section 14200) of Part 3, and for which a grant-in-aid is received by this state from the United States government pursuant to Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.).
(k) (1) Public social services, as defined in Section 10051, includes publicly funded health care services administered or supervised by the department or the State Department of Health Care Services, except that, as used in this section, it does not include the Medi-Cal program. This subdivision does not affect or alter the exclusions contained in subdivision (j) or the confidentiality provisions contained in Section 14100.2.
(2) This subdivision clarifies existing law.
(l) Notwithstanding subdivision (a) or (b), information from public social services records regarding a child for whole child welfare services are provided pursuant to subdivision (a) of Section 16501 may be disclosed to relatives and nonrelative extended family members without consent to the extent necessary to conduct family finding and engagement activities authorized by subdivision (c) of Section 16501 when that disclosure is directly connected to the administration of child welfare services and serves the purpose of identifying support, care, or resources for the child.
SEC. 3.
Section 16501 of the Welfare and Institutions Code is amended to read:
16501.
(a) (1) As used in this chapter, “child welfare services” means public social services that are directed toward the accomplishment of any or all of the following purposes:
(A) Protecting and promoting the welfare of all children, including disabled, homeless, dependent, or neglected children.
(B) Preventing or remedying, or assisting in the solution of problems that may result in, the neglect, abuse, exploitation, or delinquency of children.
(C) Preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible.
(D) Restoring to their families children who have been removed, by the provision of services to the child and the families.
(E) Identifying children to be placed in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate.
(F) Ensuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.
(2) For purposes of this chapter, child welfare services are provided when a county child welfare or probation department, based on the needs and problems of the child and family, admits or receives the child or family as clients of the agency. Child welfare services include, but are not limited to, services provided in any of the following circumstances:
(A) An emergency response referral is substantiated or determined by the child welfare agency to require services.
(B) The child receives services through a diversion program pursuant to Section 654 or 654.2, or is a child as described in Section 601 or 602 who has not been placed on a placement order, and is determined by the probation department or child welfare agency to be at risk of removal from a parent or legal guardian.
(C) The family enters into a voluntary family maintenance or family reunification services agreement.
(D) A prevention services case is opened.
(3) “Child welfare services” also means services provided on behalf of children alleged to be the victims of child abuse, neglect, or exploitation. The child welfare services provided on behalf of each child represent a continuum of services, including emergency response
services, family preservation services, family maintenance services, family reunification services, and permanent placement services, including supportive transition services. The individual child’s case plan is the guiding principle in the provision of these services. The case plan shall be developed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f)
(h) if the child has not been removed from their home, or by the date of the dispositional hearing pursuant to Section 358, whichever comes first.
(4) “Child welfare services” are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services consistent with paragraph (1) of subdivision (d) of Section 16501.1. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
(5) “Child and family team” means a group of individuals who are convened by the placing agency and who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and their family, and to help achieve positive outcomes for safety, permanency, and well-being. The child and family team shall have the same meaning as the “family and permanency team,” as described in Section 675a(c)(1)(B)(ii) of Title 42 of the United States Code.
(A) The activities of the team shall include, but not be limited to, all of the following:
(i) Providing input into the development of a child and family plan that is strengths-based, needs-driven, and culturally relevant.
(ii) Providing input into the placement decision made by the placing agency and the services to be provided in order to support the child or youth.
(iii) On and after October 1, 2021, for a child placed into a short-term residential therapeutic program, providing input into all of the following:
(I) Required determinations by a qualified individual pursuant to subdivision (g) of Section 4096.
(II) Required components of the case plan, including those specified in subparagraph (C) of paragraph (2) of subdivision (d) of Section 16501.1.
(III) Development of the plan for family-based aftercare services described in Section 4096.6.
(iv) Providing input to the placing agency in developing the Immediate Needs Plan for using the Immediate Needs Funding for each child in the Immediate Needs Program established by Section 16562.
(v) Supporting the child and family, as desired by the child and family, by discussing options for goods, services, activities, and supports for the Strengths Building Spending Plan consistent with the Strengths Building Program as described in Section 16565.
(vi) Supporting the child and family with resolving disputes that may arise regarding the selection of goods, services, activities and supports for the Strengths Building Spending Plan under the Strengths Building Program established in Section 16565, as needed.
(B) (i) The child and family team process shall engage the child or youth, the child’s family, and other people important to the family or to the child or youth in meeting the objectives set forth in subparagraph (A). The child and family team shall also include representatives who provide formal supports to the child or youth and family when appropriate, including, but not limited to, all of the following:
(I) The caregiver.
(II) The placing agency caseworker.
(III) A representative from a foster family agency or short-term residential therapeutic program with which a child or youth is placed.
(IV) A county mental health representative.
(V) A representative from the regional center if the child is eligible for regional center services.
(VI) The child or youth’s Court-Appointed Special Advocate, if one has been appointed, unless the child or youth objects.
(VII) A representative of the child or youth’s tribe or Indian custodian, as applicable.
(ii) As appropriate, the child and family team also may include other formal supports, such as substance use disorder treatment professionals and educational professionals, providing services to the child or youth and family. For purposes of this definition, the child and family team also may include extended family and informal support persons, such as friends, coaches, faith-based connections, and tribes as identified by the child or youth and family. If placement into a short-term residential therapeutic program or a foster family agency that provides treatment services has occurred or is being considered, the mental health representative is required to be a licensed mental health professional. Any party to the child’s case who is represented by an attorney may consult with their attorney regarding this process. The child or youth and their family may request specific persons to be included on the child and family team. Nothing shall preclude another agency serving the child or youth from convening a team in collaboration with the placing agency.
(6) “Child and family team meeting” means a convening of all or some members of the child and family team. A child and family team meeting may be requested by any member of the child and family team.
(A) Upon the scheduling of a child and family team meeting, a notification shall be provided to the child or youth, their parent or guardian, and the caregiver.
(B) The placing agency shall document the occurrence and summary of the child and family team meeting on the child and family team action plan form developed by the department with any necessary redactions, a copy of which shall be attached to the court report that is prepared pursuant to Section 358.1, 366.1, or 706.5. The department shall issue written guidance identifying the necessary redactions.
(C) (i) The child’s court-appointed educational rights holder, if someone other than the parent, guardian, or caregiver, shall be invited to the child and family team meeting if either of the following applies:
(I) The child and family team will develop and implement a placement preservation strategy pursuant to Section 16010.7.
(II) The child and family team will discuss a placement change.
(ii) The child and family team shall discuss if remaining in the school of origin is in the child’s best interest.
(iii) Pursuant to, and in accordance with, Section 48853.5 of the Education Code, if the child’s educational rights holder determines that remaining in, or returning to, the child’s school of origin is in the child’s best interest, the child and family team, in consultation with the foster care educational liaison, shall determine an appropriate transportation plan for the child to attend their school of origin and any available extracurricular activities.
(7) Child welfare services may include, but are not limited to, a range of service-funded activities, including case management, counseling, emergency shelter care, emergency in-home caretakers, temporary in-home caretakers, respite care, therapeutic day services, teaching and demonstrating homemakers, parenting training, substance abuse testing, transportation, and specialized permanency services. These service-funded activities shall be available to children and their families in all phases of the child welfare program in accordance with the child’s case plan and departmental regulations. Funding for services is limited to the amount appropriated in the annual Budget Act and other available county funds.
(8) Service-funded activities to be provided may be determined by each county, based upon individual child and family needs as reflected in the service plan.
(9) As used in this chapter, “emergency shelter care” means emergency shelter provided to children who have been removed pursuant to Section 300 from their parent or parents or their guardian or guardians. The department may establish, by regulation, the time periods for which emergency shelter care shall be funded. For the purposes of this paragraph, “emergency shelter care” may include “transitional shelter care facilities” as defined in paragraph (11) of subdivision (a) of Section 1502 of the Health and Safety Code.
(10) As used in this chapter, “specialized permanency services” means services to assist a child or nonminor dependent whose case plan is for permanent placement or supportive transition to adulthood in achieving a permanent family through reunification, adoption, legal guardianship, or other lifelong connection to caring adults, including at least one adult who will provide a permanent, parent-like relationship for the child or nonminor dependent. Specialized permanency services are designed for and with the child to address the child’s history of trauma, separation, and loss. “Specialized permanency services” may include all of the following:
(A) Medically necessary mental health services, if the medical necessity criteria for Medi-Cal specialty mental health services, as described in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations, is met, as needed to ameliorate impairments in significant areas of life functioning that may reduce the likelihood of the child or nonminor dependent achieving a permanent family, and may include other services designed to address the child’s or nonminor dependent’s history of trauma, grief, loss, stigma, and rejection that reduce the likelihood of the child or nonminor dependent achieving a permanent family.
(B) Permanency support core services, as appropriate to achieve, stabilize, and sustain the child or nonminor dependent in a permanent family.
(C) Services designed to prepare the identified permanent family to meet the child’s or nonminor dependent’s needs, set appropriate expectations before and after permanency is achieved, and stabilize the placement.
(b) Upon the provision of child welfare services to a child or family as described in paragraph (2) of subdivision (a), whether ordered by a court or voluntarily accepted, the county child welfare agency or probation department shall develop a case plan consistent with the requirements of Section 16501.1.
(c) (1) As part of the case planning process required by subdivision (b), a county child welfare agency or probation department is authorized to conduct family finding and engagement activities to support the goals identified in the case plan. For purposes of this subdivision, “family finding and engagement” means a broad range of efforts to identify and locate relatives and nonrelative extended family members, and to foster and maintain connections between the child and those individuals who are or could be important sources of support, care, and permanency in the child’s life, including efforts to do any of the following:
(A) Build a network of support for the child and the child’s family to strengthen family functioning and support the goals of the case plan.
(B) Promote positive, long-term connections for the child with relatives, nonrelative extended family members, and other caring adults.
(C) Identify relatives and nonrelative extended family members who may participate in the child and family team, contribute to case planning, or provide care or support for the child.
(2) For purposes of this subdivision, “nonrelative extended family member” has the same meaning as defined in Section 362.7. If it is known or there is reason to know that the child is an Indian child, as defined in Section 224.1, family finding and engagement shall also include both of the following:
(A) Conducting tribal consultation prior to, or concurrent with, family finding and engagement outreach.
(B) Contacting the Indian child’s tribe to identify relatives and nonrelative extended family members, consistent with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and the California Indian Child Welfare Act, as described in Section 224.
(3) Nothing in this subdivision modifies or supersedes the family finding requirements applicable upon removal of a child from parental custody pursuant to subdivision (e) of Section 309. Family finding and engagement activities conducted under this subdivision for the purposes of child welfare services are not subject to the investigation and notification procedures set forth in subdivision (e) of Section 309.
(d) As used in this chapter, “respite care” means temporary care for periods not to exceed 72 hours, and, in order to preserve the placement, may be extended up to 14 days in any one month pending the development of policies and regulations in consultation with county placing agencies and stakeholders. This care may be provided to the child’s parents or guardians. This care shall not be limited by regulation to care over 24 hours. These services shall not be provided for the purpose of routine, ongoing childcare.
(e) The county shall provide child welfare services as needed pursuant to an approved service plan and in accordance with regulations promulgated, in consultation with the counties, by the department. Counties may contract for service-funded activities, as defined in paragraph (1) of subdivision (a). Counties shall not contract for needs assessment, client eligibility determination, or any other activity as specified by regulations of the State Department of Social Services, except as specifically authorized in Section 16100.
(f) This chapter shall not be construed to affect duties that are delegated to probation officers pursuant to Sections 601 and 654.
(g) A county may utilize volunteer individuals to supplement professional child welfare services by providing ancillary support services in accordance with regulations adopted by the State Department of Social Services.
(h) As used in this chapter, emergency response services consist of a response system providing in-person response, 24 hours a day, seven days a week, to reports of abuse, neglect, or exploitation, as required by Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code for the purpose of investigation pursuant to Section 11166 of the Penal Code and to determine the necessity for providing initial intake services and crisis intervention to maintain the child safely in their own home or to protect the safety of the child. County welfare departments shall respond to any report of imminent danger to a child immediately and all other reports within 10 calendar days. An in-person response is not required when the county welfare department, based upon an evaluation of risk, determines that an in-person response is not appropriate. This evaluation includes collateral contacts, a review of previous referrals, and other relevant information, as indicated.
(i) As used in this chapter, family maintenance services are activities designed to provide in-home protective services to prevent or remedy neglect, abuse, or exploitation, for the purposes of preventing separation of children from their families.
(j) As used in this chapter, family reunification services are activities designed to provide time-limited foster care services to prevent or remedy neglect, abuse, or exploitation, when the child cannot safely remain at home, and needs temporary foster care, while services are provided to reunite the family.
(k) (1) As used in this chapter, permanent placement services are activities designed to provide an alternate permanent family structure for children who, because of abuse, neglect, or exploitation, cannot safely remain at home and who are unlikely to ever return home. These services shall be provided on behalf of children for whom there has been a judicial determination of a permanent plan for adoption, legal guardianship, placement with a fit and willing relative, or continued foster care placement, and, as needed, shall include supportive transition services to nonminor dependents, as described in subdivision (v) of Section 11400.
(2) For purposes of this section, “another planned permanent living arrangement” means a permanent plan ordered by the court for a child 16 years of age or older or a nonminor dependent, when there is a compelling reason or reasons to determine that it is not in the best interest of the child or nonminor dependent to return home, be placed for adoption, be placed for tribal customary adoption in the case of an Indian child, or be placed with a fit and willing relative. Placement in a group home, or, on and after January 1, 2017, a short-term residential therapeutic program, shall not be the identified permanent plan for any child or nonminor dependent.
(l) As used in this chapter, family preservation services include those services specified in Section 16500.5 to avoid or limit out-of-home placement of children, and may include those services specified in that section to place children in the least restrictive environment possible.
(m) (1) (A) In any county electing to implement this subdivision, all county welfare department employees who have frequent and routine contact with children shall, by February 1, 1997, and all welfare department employees who are expected to have frequent and routine contact with children and who are hired on or after January 1, 1996, and all such employees whose duties change after January 1, 1996, to include frequent and routine contact with children, shall, if the employees provide services to children who are alleged victims of abuse, neglect, or exploitation, sign a declaration under penalty of perjury regarding any prior criminal conviction, and shall provide a set of fingerprints to the county welfare director.
(B) The county welfare director shall secure from the Department of Justice a criminal record to determine whether the employee has ever been convicted of a crime other than a minor traffic violation. The Department of Justice shall deliver the criminal record to the county welfare director.
(C) If it is found that the employee has been convicted of a crime, other than a minor traffic violation, the county welfare director shall determine whether there is substantial and convincing evidence to support a reasonable belief that the employee is of good character so as to justify frequent and routine contact with children.
(D) An exemption shall not be granted pursuant to subparagraph (C) if the person has been convicted of a sex offense against a minor, or has been convicted of an offense specified in Section 220, 243.4, 264.1, 273d, 288, or 289 of the Penal Code, or in paragraph (1) of Section 273a of, or subdivision (a) or (b) of Section 368 of, the Penal Code, or has been convicted of an offense specified in subdivision (c) of Section 667.5 of the Penal Code. The county welfare director shall suspend such a person from any duties involving frequent and routine contact with children.
(E) Notwithstanding subparagraph (D), the county welfare director may grant an exemption if the employee or prospective employee, who was convicted of a crime against an individual specified in paragraph (1) or (7) of subdivision (c) of Section 667.5 of the Penal Code, has been rehabilitated as provided in Section 4852.03 of the Penal Code and has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years and has the recommendation of the district attorney representing the employee’s or prospective employee’s county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. In that case, the county welfare director may give the employee or prospective employee an opportunity to explain the conviction and shall consider that explanation in the evaluation of the criminal conviction record.
(F) If criminal record information has not been recorded, the county welfare director shall cause a statement of that fact to be included in that person’s personnel file.
(2) For purposes of this subdivision, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. An action that the county welfare director is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this subdivision, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction.
(n) (1) Consistent with Section 675a(c)(1)(D) of Title 42 of the United States Code, “qualified individual” means a trained professional or licensed clinician responsible for conducting the determination described in subdivision (g) of Section 4096 and determining the most effective and appropriate placement for a child. In the case of an Indian child, as defined in Section 224.1, a person may be designated by the child’s tribe as the qualified individual pursuant to this subdivision and as defined in subdivision (c) of Section 224.6. In the absence of that designation, the qualified individual shall have specialized knowledge of, training about, or experience with, tribes and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.).
(2) Except as provided in paragraph (3), the qualified individual shall not be an employee of the IV-E agency and shall not be connected to, or affiliated with, any placement setting in which the IV-E agency places children.
(3) (A) The department shall seek approval from the Secretary of the United States Department of Health and Human Services for authorization to permit employees of the IV-E agency or an individual connected to, or affiliated with, a placement setting to serve as the qualified individual who conducts the assessment described in subdivision (g) of Section 4096. A request for approval shall describe the process through which the department may certify that an employee of a Title IV-E agency, or individual connected to or affiliated with a placement setting, and designated as a qualified individual will maintain objectivity in conducting the assessment and determination of the most effective and appropriate placement for a child or nonminor dependent.
(B) Any process developed pursuant to subparagraph (A) shall be developed jointly with the State Department of Health Care Services and in consultation with the State Department of Developmental Services, the State Department of Education, county child welfare, probation, and behavioral health agencies, and other interested stakeholders.
(C) If approval is granted, the department and the State Department of Health Care services shall issue joint instructions to counties regarding the process for the department to approve a joint request and plan submitted to the department by a county placing agency and behavioral health plan to permit an individual who is an employee of a Title IV-E agency or connected to, or affiliated with, a IV-E placement setting to serve as a qualified individual.
(4) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this subdivision by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.
SEC. 4.
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 XIIIB of the California Constitution.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.