Official Summary Text
AB 2478, as introduced, Schultz.
Kinship family approval.
(1) Existing law generally provides for the placement of foster youth in various placement settings. Existing law provides for the implementation of the resource family approval process, and defines a resource family as an individual or family who has successfully met both the home environment assessment standards and permanency assessment criteria, as specified, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian. Existing law requires the State Department of Social Services, on or before January 1, 2027, to adopt a simplified approval process for relative caregivers, as specified. Existing law conditions implementation of the simplified approval process upon federal financial participation and approval, as specified.
This bill would, among other things, require the department to, on or before January 1, 2028, adopt a kinship family approval process to approve a relative, nonrelative extended family member, or extended family member of an Indian child to be a kinship family, which the bill defines as an individual or family who has successfully met the home environment assessment and family engagement standards, as specified, necessary for providing care for a child placed by a county child welfare department or a probation department by court order or voluntarily placed by a parent or legal guardian. The bill would require counties to ensure relatives, nonrelative extended family members, and extended family members of an Indian child are provided information regarding approval processes and the option to choose between the kinship family approval process, the resource family approval process, and in the case of an Indian child, a tribally approved home. The bill would also make
technical, conforming changes to make provisions that are applicable to resource families also applicable to kinship families, and delete obsolete provisions. By imposing duties on counties relating to the approval of, and placement of children with, kinship families, this bill would impose a state-mandated local program.
The bill would make certain personal identifying information, written evaluation reports, and court proceedings relating to kinship families confidential, except as specified. The bill would require the application form signed by a kinship family applicant to be signed with a declaration by the applicant that the information submitted is true, correct, and contains no material omissions of fact to the best knowledge and belief of the applicant, and makes any person who willfully and knowingly, with the intent to deceive, makes a false statement or fails to disclose a material fact in their application is guilty of a misdemeanor. By expanding the
scope of an existing crime, the bill would impose a state-mandated local program.
(2) Existing law authorizes the court to order temporary placement of the child in the home of a relative, extended family member, or nonrelative extended family member, and requires the court to consider the results of a criminal records check, among other things, before ordering that placement. Existing law also authorizes the placement of a child on an emergency basis in the home of a relative or nonrelative extended family member after a criminal records check, among other things, and requires the relative or nonrelative extended family member to submit an application for approval as a resource family after the emergency placement. Existing law authorizes the court to place a child after an order of removal, or on a temporary or emergency basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval if
the court finds that the placement does not pose a risk to the health and safety of the child.
This bill would additionally authorize the court to place a child after an order of removal, or on a temporary or emergency basis, in the home of a nonrelative extended family member or an extended family member, regardless of the status of any criminal record exemption, kinship family approval, or resource family approval if the court finds that the placement does not pose a risk to the health and safety of the child.
(3) Existing law prohibits a school district from permitting access to pupil records to a person without written parental consent or under judicial order except as authorized by law, and requires access to be granted to a list of specified persons and entities, including, among others, a parent or a caregiver, who have direct responsibility for the care of the pupil.
This bill would add a kinship family, as defined, to the list of persons and entities required to be granted access to pupil records. To the extent the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program.
(4) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.