Dependent Children—Judgments and Orders

Cal. WIC § 361.45

California Statutes

(

a) Notwithstanding any other law, when the sudden unavailability of a foster caregiver requires a change in placement for a child who is under the jurisdiction of the juvenile court pursuant to

Section 300, if a relative, as defined in

Section 319, or a nonrelative extended family member, as defined in

Section 362.7, is available and requests temporary placement of the child, the county welfare department shall initiate an assessment of the relative’s or nonrelative extended family member’s suitability pursuant to

Section 361.4. (

b) 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 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. Thereafter, the county welfare department shall evaluate and approve or deny the home pursuant to

Section 16519.5. (c)

(1) On and after January 1, 2012, if a nonminor dependent, as defined in subdivision (

v) of

Section 11400, is placed in the home of a relative or nonrelative extended family member, the home shall be approved using the same standards set forth in regulations as described in

Section 1502.7 of the Health and Safety Code.

(2) On or before July 1, 2012, the department, in consultation with representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the California Youth Connection, the Judicial Council, former foster youth, child advocacy organizations, dependency counsel for children, juvenile justice advocacy organizations, foster caregiver organizations, labor organizations, and representatives of Indian tribes, shall revise regulations regarding health and safety standards for approving relative homes in which nonminor dependents, as defined in subdivision (

v) of

Section 11400, of the juvenile court are placed under the responsibility of the county welfare or probation department, or an Indian tribe that entered into an agreement pursuant to

Section 10553.1.

(3) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the department, in consultation with the stakeholders listed in paragraph (2), shall prepare for implementation of the applicable provisions of this

section by publishing all-county letters or similar instructions from the department by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement this

section may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this

section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than days.

Document details

CollectionCalifornia Statutes
CitationCal. WIC § 361.45
Date2018-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierWIC361.45.201773250

Dependent Children—Judgments and Orders

Cal. WIC § 361.45

California Statutes

Dependent Children—Judgments and Orders

Cal. WIC § 361.45

California Statutes

(

a) Notwithstanding any other law, when the sudden unavailability of a foster caregiver requires a change in placement for a child who is under the jurisdiction of the juvenile court pursuant to

Section 300, if a relative, as defined in

Section 319, or a nonrelative extended family member, as defined in

Section 362.7, is available and requests temporary placement of the child, the county welfare department shall initiate an assessment of the relative’s or nonrelative extended family member’s suitability pursuant to

Section 361.4. (

b) 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 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. Thereafter, the county welfare department shall evaluate and approve or deny the home pursuant to

Section 16519.5. (c)

(1) On and after January 1, 2012, if a nonminor dependent, as defined in subdivision (

v) of

Section 11400, is placed in the home of a relative or nonrelative extended family member, the home shall be approved using the same standards set forth in regulations as described in

Section 1502.7 of the Health and Safety Code.

(2) On or before July 1, 2012, the department, in consultation with representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the California Youth Connection, the Judicial Council, former foster youth, child advocacy organizations, dependency counsel for children, juvenile justice advocacy organizations, foster caregiver organizations, labor organizations, and representatives of Indian tribes, shall revise regulations regarding health and safety standards for approving relative homes in which nonminor dependents, as defined in subdivision (

v) of

Section 11400, of the juvenile court are placed under the responsibility of the county welfare or probation department, or an Indian tribe that entered into an agreement pursuant to

Section 10553.1.

(3) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the department, in consultation with the stakeholders listed in paragraph (2), shall prepare for implementation of the applicable provisions of this

section by publishing all-county letters or similar instructions from the department by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement this

section may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this

section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than days.

Document details

CollectionCalifornia Statutes
CitationCal. WIC § 361.45
Date2018-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierWIC361.45.201773250