Juveniles: dependent children: placement.

(1) Existing law provides for the removal of children who are unable to remain in the custody and care of their parent or parents. When a court orders the removal of a child, under existing law, the court is required to order the care, custody, control, and conduct of the child to be under the supervision of a social worker who may make certain placements for the child. Existing law requires the status of dependent children to be periodically reviewed, and requires the court to consider the safety of the child and make certain determinations, including the continuing necessity and appropriateness of a dependent child's placement. Existing law requires a placing agency to notify a dependent child's attorney, and to provide specified information, as soon as possible after making a decision with respect to the placement or change in placement of a dependent child. This bill would prohibit the placement of any dependent child with any person who is not a parent, outside the United States prior to a judicial finding that the placement, by clear and convincing evidence, is in the best interest of the child, except as required by federal law or treaty. The bill would require the party or agency requesting the placement of the child outside the United States to carry the burden of proof. The bill would also specify certain factors to be considered by the court when determining the best interest of the dependent child, including placement with a relative, placement of siblings in the same home, and the social, cultural, and educational needs of the dependent child. By increasing the duties of social workers and county placing agencies, this bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.