Foster care: relative and sibling placement.

Existing law provides that a child may be adjudged to be a dependent of the juvenile court because of abuse or neglect, and that after this determination, the court is required to hear evidence on the question of the proper disposition to be made of the child. Existing law requires that before determining the appropriate disposition, the court receive in evidence, among other things, the social study of the child made by the social worker and evaluation made by a child advocate appointed by the court. Existing law further prescribes the information that is required to be included in that social study or evaluation, including the appropriateness of any relative placement. Existing law gives preferential consideration to a request by a relative of a dependent child for placement of the child with the relative, and requires the county social worker and the court to consider certain factors in determining whether placement with a relative is appropriate, including, among others, the best interest of the child and the safety of the relative's home. Existing law prohibits the consideration and investigation of a relative placement from being good cause for continuance of the dispositional hearing. Existing law defines relative for these purposes to mean an adult who is related to the child by blood, adoption, or affinity within the 5th degree of kinship, among others. This bill would, among other things, extend the definition of relative to include caregivers of minor siblings who are in a permanent plan of adoption, legal guardianship, or placement with a fit and willing relative, and would delete that provision prohibiting the consideration and investigation of a relative placement from being a cause for continuance of the dispositional hearing. The bill would also require, if a relative or any party requests a hearing regarding a request for relative placement, the court to set a hearing within 15 court days from the request for a hearing. The bill would require, on or before July 1, 2021, the Judicial Council to develop and implement standards, and develop and adopt appropriate forms, necessary to implement that provision. To the extent that the bill imposes new requirements on county officials, this bill would impose a state-mandated local program. Existing law states the intent of the Legislature for siblings to be placed in foster care together, unless it has been determined that placement together is contrary to the safety or well-being of any sibling, and requires the responsible local agency to make a diligent effort in all out-of-home placements of dependent children and wards in foster care, including those with relatives, to place siblings together in the same placement, and to develop and maintain sibling relationships. Existing law requires the State Department of Social Services to implement a resource family approval process, and directs counties and foster family agencies to approve resource families in lieu of licensing and certifying foster homes. Existing law requires the department to adopt standards pertaining to the home environment assessment, including a requirement that the total number of children residing in the home of a resource family shall be no more than the total number of children the resource family can properly care for, and not to exceed 6 children, unless exceptional circumstances exist to permit a resource family to care for more children, including the need to place siblings together. This bill would provide that the size and space of the placement home shall not be the sole reason to find that placement of siblings together is contrary to the safety or well-being of any sibling. The bill would declare the intent of the Legislature that siblings should be placed together regardless of the size and space of the placement home, and would require the department, on or before July 1, 2021, to update the written directives and any other regulation that administers the approval of a resource family home or foster family home to reflect this intent. The bill would also require that a resource family be determined to have the size and space to care for more than the number of children described above when necessary to place siblings together. 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.