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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-20</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Ahrens</ns0:AuthorText>
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<ns0:Legislator>
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<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Ahrens</ns0:Name>
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<ns0:Title> An act to amend Sections 309, 827, and 10850 of the Welfare and Institutions Code, relating to juveniles. </ns0:Title>
<ns0:RelatingClause>juveniles</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Juveniles: family finding.</ns0:Subject>
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<html:p>
(1)
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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.
</html:p>
<html:p>This bill would additionally require that a social worker’s
investigation under these provisions be conducted within 30 days of when a child has been accepted for services, as defined, by a county child welfare or probation department. The bill would specify that family finding activities include conducting outreach to identified relatives and kin and would require social workers to notify the relatives and kin of specified information, including services and support available to relatives and kin. The bill would require family finding activities to be conducted throughout the life of a case unless discontinued because of specified circumstances, including that a child is in a preadoptive placement and adoption proceedings have been commenced. The bill would require the disclosure of certain information to identified relatives and kin, and would authorize disclosure of certain information after verification of the relationship to the child or youth and determination that sharing of the information would be in the best interest of the child, as specified. The bill
would set forth requirements for county personnel to make the authorized disclosures and would set forth standards for use of social media for outreach to relatives and kin. The bill would require the State Department of Social Services to develop training for county personnel on the above-described requirements and would require all county child welfare and probation personnel who conduct family finding activities to complete the training within 180 days of the training becoming available or within 60 days of assignment to family finding duties, whichever is later. </html:p>
<html:p>
(2)
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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.
</html:p>
<html:p>This bill would additionally exempt from these confidentiality provisions information regarding children receiving child welfare services to be disclosed to relatives and kin 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.</html:p>
<html:p>
(3)
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Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files, as defined. Existing law authorizes only certain individuals to inspect a juvenile case file, including, among others, county counsel, city attorney, or any other attorney representing the county child welfare agency in dependency proceedings, and 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, as specified, to access juvenile case files.
</html:p>
<html:p>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.</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 with regard to certain mandates no reimbursement is required by this act for a specified reason.</html:p>
<html:p>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.</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_94E5D6A9-FFC9-4F7B-B4D3-69FB10B497E2">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'309.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 309 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>309.</ns0:Num>
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<html:p>
(a)
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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:
</html:p>
<html:p>
(1)
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The child has no parent, guardian, Indian custodian, or relative willing to provide care for the child.
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<html:p>
(2)
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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.
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<html:p>
(3)
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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.
</html:p>
<html:p>
(4)
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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.
</html:p>
<html:p>
(5)
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The child has left a placement in which the child was placed by the juvenile court.
</html:p>
<html:p>
(6)
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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.
</html:p>
<html:p>
(b)
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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.
</html:p>
<html:p>
(c)
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If the child is not released to their parent or guardian, the child shall be deemed detained for purposes of this chapter.
</html:p>
<html:p>
(d)
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(1)
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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.
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<html:p>
(2)
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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.
</html:p>
<html:p>
(3)
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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.
</html:p>
<html:p>
(e)
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(1)
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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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The child has been removed from the custody of their parent or parents, guardian or guardians, or Indian custodian.
</html:p>
<html:p>
(B)
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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.
</html:p>
<html:p>
(2)
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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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
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<html:p>
(iii)
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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:
</html:p>
<html:p>
(I)
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By October 1, the county shall review data for a one-year period ending July 1 of the prior calendar year.
</html:p>
<html:p>
(II)
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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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
Family finding activities shall include both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Conducting outreach to identified relatives and kin using multiple modalities, including, but not limited to, telephone contact, written notice, electronic communication, home visits, and appropriate use of social media and internet-based resources, subject to the information sharing requirements in subdivisions (g) and (h).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notifying relatives and kin of all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
That the child is or may be
entering foster care or receiving child welfare services.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Available options to participate in the care and placement of the child.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Services and supports available to relatives and kin.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
Requirements to become a foster family home or approved placement.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(5)
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Family finding activities shall be ongoing throughout the life of the case unless discontinued pursuant to subdivision (j).
</html:p>
<html:p>
(f)
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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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The following information shall be provided to all identified relatives and kin:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The fact that a child has entered or may enter foster care or is receiving child welfare services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
General information about options
to participate in the care and placement of the child.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Available services, supports, and resources for relatives and kin.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Requirements and process to become a foster family home or approved placement.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Contact information for the assigned social worker or other county personnel.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The approximate location where services are being provided by city or region, not by specific address.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The child’s general well-being and current placement setting type.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Opportunities to visit or have contact with the child, subject to court orders or safety assessments.
</html:p>
<html:p>
(3)
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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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Specific addresses of placements, parents, or other protected locations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Detailed case file contents, reports, or assessments.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Mental health records protected under Section 5328.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Medical records protected under the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, as amended).
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Information that would compromise child’s safety or the safety of others.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Information about parents or other parties beyond what is necessary for family finding purposes.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Before making disclosures pursuant to paragraph (2) of subdivision (f), county personnel shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Take reasonable steps to verify the claimed relationship.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Assess whether sharing information with that individual serves the child’s best interests.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Consider any safety concerns, protective orders, or prior findings of abuse or neglect involving the individual to whom the information is to be
disclosed.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Document the verification and assessment in the case file.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
When using social media for outreach, county personnel shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Use private messaging only and shall not make public posts about the child or case.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Limit identifying information about the child.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Not post photographs or videos of the child.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Document all social media contacts in the case file.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Information obtained
through social media research shall be verified through traditional means before being relied upon for placement decisions.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A county agency may discontinue active family finding activities for a child under the following circumstances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The child is in a preadoptive placement and adoption proceedings have been commenced.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The child has reached 21 years of age and is no longer in foster care or receiving extended foster care services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The decision to discontinue family finding shall be documented in the case file and reviewed at each case plan update.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Family finding activities may be resumed at any time if circumstances change or if previously unavailable relatives or kin become available.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An emergency response referral is substantiated or determined by the child welfare agency to require services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The family enters into a voluntary family maintenance or family reunification services agreement.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The child is placed in voluntary out-of-home care.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A prevention services case is opened.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The child is detained or removed from parental custody.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The court orders the provision of services.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Develop and distribute standardized consent forms for use at child and family team meetings.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Create
training materials and curricula for county child welfare personnel.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Establish quality assurance mechanisms to monitor implementation across counties.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_F734112A-ADD2-431B-B11B-20821094760A">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 827 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_BC2DF3DA-16BF-4A3C-B701-6D9B0A642EBA">
<ns0:Num>827.</ns0:Num>
<ns0:LawSectionVersion id="id_E9643C85-0F1B-457C-939A-1A1407D371AB">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in Section 828, a case file may be inspected only by the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Court personnel.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The district attorney, a city attorney, or city prosecutor authorized to prosecute criminal or juvenile cases under state law.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The minor who is the subject of the proceeding.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The minor’s parent or guardian.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The county counsel, city attorney, or any other attorney representing the county child welfare agency in dependency proceedings.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The superintendent or designee of the school district where the minor is enrolled or attending school.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Members of the child protective agencies as described in Section 11165.9 of the Penal Code.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Members of children’s multidisciplinary teams, persons, or agencies providing treatment or supervision of the minor.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
A local child support agency for the purpose of establishing paternity and establishing and enforcing child support orders.
</html:p>
<html:p>
(O)
<html:span class="EnSpace"/>
Juvenile justice commissions as established under Section 225. The confidentiality provisions of Section 10850 shall apply to a juvenile justice commission and its members.
</html:p>
<html:p>
(P)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(Q)
<html:span class="EnSpace"/>
Any other person who may be designated by court order of the judge of the juvenile court upon filing a petition.
</html:p>
<html:p>
(R)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(S)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The attorneys in an administrative hearing involving the minor or nonminor only as necessary to meet the requirements of Sections 10952 and 10952.5.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(T)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(U)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
The attorney representing a person who is, or was, subject to juvenile proceedings under Section 300, 601, or 602.
</html:p>
<html:p>
(W)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(X)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
This paragraph does not limit or repeal any other applicable legal standard or protections designed to safeguard private, confidential, or privileged information.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An intentional violation of the confidentiality provisions of this paragraph is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
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.
</html:p>
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<ns0:BillSection id="id_94DD9DDC-EF77-42E7-B934-4DA3B2EC6D90">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'10850.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 10850 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_974B4B90-5DB9-4C66-8C1E-486C662D098B">
<ns0:Num>10850.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(b)
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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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A person, including every public officer and
employee, who knowingly secures or possesses, other than in the course of official duty, 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.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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 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.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
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.).
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision clarifies existing law.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a) or (b), information from public social services records regarding children receiving child welfare services, including those accepted for services pursuant to subdivision (k) of Section 309, may be disclosed to relatives and kin without consent to the extent authorized by subdivision (f) of Section 309, when that disclosure is directly connected to the administration of the child welfare program and serves the purpose of identifying placement and support resources for children.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_2C297756-B5FD-4FE2-B700-6B98053F0E62">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B 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 XIII
<html:span class="ThinSpace"/>
B of the California Constitution.
</html:p>
<html:p>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.</html:p>
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