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<ns0:Id>20250AB__184698AMD</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-11</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-03-18</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Stefani</ns0:AuthorText>
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<ns0:Name>Stefani</ns0:Name>
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<ns0:Title> An act to amend Section 361.3 of the Welfare and Institutions Code, relating to juveniles. </ns0:Title>
<ns0:RelatingClause>juveniles</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Dependency: placement of child with relative.</ns0:Subject>
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<html:p>Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of their parents or guardian, and establishes procedures to determine placement of a child. Existing law requires, when a child has been adjudged a dependent of the court, the court to hold a dispositional hearing to determine the disposition to be made of the
child. Under existing law, if the child is removed from the physical custody of their parents, preferential consideration to be given to a request by a relative of the child for placement of the child with the relative. Existing law prescribes factors for the county social worker and court to consider in determining placement, and requires the court to state on the record the reasons placement was denied if the court does not place the child with a relative who has been considered for placement.</html:p>
<html:p>This bill would require, if the court does not initially place the child with a relative who has been considered for placement, the court to state for the record the reasons why the placement with that relative was denied or delayed. The bill would require, except as specified, after the court conducts the dispositional hearing, the social worker to assess any relative who requests placement and who has not been previously assessed or found to be unsuitable. The bill would require, if the court has terminated reunification services prior to the relative’s request for placement, the county social worker and the court to consider certain additional factors to consider in determining whether placement with the relative is appropriate, including, among others, the child’s relationship with the current caregiver. By increasing the duties of county social workers, this bill would impose a state-mandated local program.</html:p>
<html:p>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.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_D6E164F3-B923-4D1E-84FC-375F875184F3">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 361.3 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>361.3.</ns0:Num>
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(a)
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In any case in which a child is removed from the physical custody of their parents pursuant to Section 361, and until the preference in subdivision (k) of Section 366.26 is applicable, preferential consideration shall be given to a request by a relative of the child for placement of the child with the relative, regardless of the relative’s immigration status. In determining whether placement with a relative is appropriate, the county social worker and court shall consider, but shall not be limited to, consideration of all the following factors:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The best interest of the child, including special
physical, psychological, educational, medical, or emotional needs.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The wishes of the parent, the relative, and child, if appropriate.
</html:p>
<html:p>
(3)
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The provisions of Part 6 (commencing with Section 7950) of Division 12 of the Family Code regarding relative placement.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Placement of siblings and half siblings in the same home, unless that placement is found to be contrary to the safety and well-being of any of the siblings, as provided in Section 16002.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The good moral character of the relative and any other adult living in the home, including whether any individual residing in the home has a prior history of violent criminal acts or has been responsible for
acts of child abuse or neglect.
</html:p>
<html:p>
(6)
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The nature and duration of the relationship between the child and the relative, and the relative’s desire to care for, and to provide legal permanency for, the child if reunification is unsuccessful.
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(7)
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The ability of the relative to do the following:
</html:p>
<html:p>
(A)
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Provide a safe, secure, and stable environment for the child.
</html:p>
<html:p>
(B)
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Exercise proper and effective care and control of the child.
</html:p>
<html:p>
(C)
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Provide a home and the necessities of life for the child.
</html:p>
<html:p>
(D)
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Protect the child from their parents.
</html:p>
<html:p>
(E)
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Facilitate court-ordered reunification efforts with the parents.
</html:p>
<html:p>
(F)
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Facilitate visitation with the child’s other relatives.
</html:p>
<html:p>
(G)
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Facilitate implementation of all elements of the case plan.
</html:p>
<html:p>
(H)
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(i)
<html:span class="EnSpace"/>
Provide legal permanence for the child if reunification fails.
</html:p>
<html:p>
(ii)
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However, any finding made with respect to the factor considered pursuant to this subparagraph and pursuant to subparagraph (G) shall not be the sole basis for precluding preferential placement with a relative.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Arrange for appropriate and safe childcare, as necessary.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The safety of the relative’s home. For a relative to be considered appropriate to receive placement of a child under this section on an emergency basis, the relative’s home shall first be assessed pursuant to the process and standards described in Section 361.4.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In this regard, the Legislature declares that a physical disability, such as blindness or deafness, is no bar to the raising of children, and a county social worker’s determination as to the ability of a disabled relative to exercise care and control should center upon whether the relative’s disability prevents them from exercising care and control. The court shall order the parent to disclose to the county social worker the names, residences, and any other known identifying information of any maternal or paternal relatives of the child.
This inquiry shall not be construed, however, to guarantee that the child will be placed with any person so identified. The county social worker shall initially contact the relatives given preferential consideration for placement to determine if they desire the child to be placed with them. Those desiring placement shall be assessed according to the factors enumerated in this subdivision. The county social worker shall document these efforts in the social study prepared pursuant to Section 358.1. The court shall authorize the county social worker, while assessing these relatives for the possibility of placement, to disclose to the relative, as appropriate, the fact that the child is in custody, the alleged reasons for the custody, and the projected likely date for the child’s return home or placement for adoption or legal guardianship. However, this investigation shall not be construed as good
cause for continuance of the dispositional hearing conducted pursuant to Section 358.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In any case in which more than one relative requests preferential consideration pursuant to this section, each relative shall be considered under the factors enumerated in subdivision (a). Consistent with the legislative intent for children to be placed immediately with a relative, this section does not limit the county social worker’s ability to place a child in the home of a relative or a nonrelative extended family member pending the consideration of other relatives who have requested preferential consideration.
</html:p>
<html:p>
(c)
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For purposes of this section:
</html:p>
<html:p>
(1)
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“Preferential consideration” means that the relative seeking placement shall be the
first placement to be considered and investigated.
</html:p>
<html:p>
(2)
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“Relative” means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand,” or the spouse of any of these persons even if the marriage was terminated by death or dissolution.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
After the hearing conducted pursuant to Section 358, and until the preference in subdivision (k) of Section 366.26 is applicable, the social worker shall assess any relative who requests placement and who has not been previously
assessed or found to be unsuitable.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the court has terminated family reunification services prior to the relative’s request for placement, in addition to the factors described in subdivision (a), the county social worker and the court shall consider all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The child’s relationship with the current caregiver.
</html:p>
<html:p>
(B)
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The child’s progress toward permanency with the current caregiver.
</html:p>
<html:p>
(C)
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The child’s placement preference.
</html:p>
<html:p>
(3)
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Notwithstanding paragraph (1), if the social worker complied with the family finding and notice requirements in Section 309 and the relative’s initial request for placement is made after family reunification services have been terminated, the social
worker shall have discretion to assess the relative. If the social worker does not assess the relative, the court may order the relative to be assessed upon request by any party or the relative, if the court finds it is in the child’s best interests. This paragraph does not apply if the parents were not provided reunification services pursuant to subdivision (b) of Section 361.5.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If the court does not initially place the child with a relative who has been considered for placement pursuant to this section, the court shall state for the record the reasons placement with that relative was denied or
delayed.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
With respect to a child who satisfies the criteria set forth in paragraph (2), the department and any licensed adoption agency may search for a relative and furnish identifying information relating to the child to that relative if it is believed the child’s welfare will be promoted thereby.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Paragraph (1) shall apply if both of the following conditions are satisfied:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The child was
previously a dependent of the court.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The child was previously adopted and the adoption has been disrupted, set aside pursuant to Section 9100 or 9102 of the Family Code, or the child has been released into the custody of the department or a licensed adoption agency by the adoptive parent or parents.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
As used in this subdivision, “relative” includes a member of the child’s birth family and nonrelative extended family members, regardless of whether the parental rights were terminated, provided that both of the following are true:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
No appropriate potential caretaker is known to exist from the child’s adoptive family, including nonrelative extended family members of the adoptive family.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The child was not the subject of a voluntary relinquishment by the birth parents pursuant to Section 8700 of the Family Code or Section 1255.7 of the Health and Safety Code.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Placement of an Indian child shall comply with the placement preferences set forth in Section 361.31.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Whenever a new placement of the child must be made, consideration for placement shall again be given as described in this section to relatives who have not been found to be unsuitable and who will fulfill the child’s reunification or permanent plan requirements. In addition to the factors described in subdivision (a), the county social worker shall consider whether the relative has established and maintained a
relationship with the child.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section does not prevent the court from ordering placement with a relative subsequent to the hearing conducted pursuant to Section 358 or from giving the social worker the discretion for a placement change into the appropriate home of a relative.
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<ns0:Num>SEC. 2.</ns0:Num>
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<html:p>
To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to
Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution.
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