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California Welfare and Institutions Code Section 366.31

Legal Research Home > California Laws > Welfare and Institutions Code > California Welfare and Institutions Code Section 366.31

366.31.  (a) If a review hearing is the last review hearing to be
held before the minor attains 18 years of age, the court shall ensure
all of the following:
   (1) The minor's case plan includes a plan for the minor to satisfy
one or more of the participation conditions described in paragraphs
(1) to (5), inclusive, of subdivision (b) of Section 11403, so that
the minor is eligible to remain in foster care as a nonminor
dependent.
   (2) The minor has been informed of his or her right to seek
termination of dependency jurisdiction pursuant to Section 391, and
understands the potential benefits of continued dependency.
   (3) The minor is informed of his or her right to have dependency
reinstated pursuant to subdivision (e) of Section 388, and
understands the potential benefits of continued dependency.
   (b) At the review hearing that occurs in the six-month period
prior to the minor's attaining 18 years of age, and at every
subsequent review hearing for the nonminor dependent, as described in
subdivision (v) of Section 11400, the report shall describe all of
the following:
   (1) The minor's and nonminor's plans to remain in foster care and
plans to meet one or more of the participation conditions as
described in paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403 to continue to receive AFDC-FC benefits as a nonminor
dependent.
   (2) The efforts made and assistance provided to the minor and
nonminor by the social worker or the probation officer so that the
minor and nonminor will be able to meet the participation conditions.
   (3) Efforts toward completing the items described in paragraph (2)
of subdivision (e) of Section 391.
   (c) The reviews conducted pursuant to this section for any
nonminor dependent shall be conducted in a manner that respects the
nonminor's status as a legal adult, focused on the goals and services
described in the youth's transitional independent living case plan,
as described in subdivision (y) of Section 11400, including efforts
made to maintain connections with caring and permanently committed
adults, and attended, as appropriate, by additional participants
invited by the nonminor dependent.
   (d) For a nonminor dependent whose case plan is continued
court-ordered family reunification services pursuant to Section
361.6, the court shall consider whether the nonminor dependent may
safely reside in the home of the parent or guardian. If the nonminor
cannot reside safely in the home of the parent or guardian, or, if it
is not in the nonminor dependent's best interest to reside in the
home of the parent or guardian, the court must consider whether to
continue or terminate reunification services for the parent or legal
guardian.
   (1) The review report shall include a discussion of all of the
following:
   (A) Whether foster care placement continues to be necessary and
appropriate.
   (B) The likely date by which the nonminor dependent may reside
safely in the home of the parent or guardian or will achieve
independence.
   (C) Whether the parent or guardian and nonminor dependent were
actively involved in the development of the case plan.
   (D) Whether the social worker or probation officer has provided
reasonable services designed to aid the parent or guardian to
overcome the problems that led to the initial removal of the nonminor
dependent.
   (E) The extent of progress the parents or guardian have made
toward alleviating or mitigating the cases necessitating placement in
foster care.
   (F) Whether the nonminor dependent and parent, parents, or
guardian are in agreement with the continuation of reunification
services.
   (G) Whether continued reunification services are in the best
interest of the nonminor dependent.
   (H) Whether there is a substantial probability that the nonminor
dependent will be able to safely reside in the home of the parent or
guardian by the next review hearing date.
   (I) The efforts to maintain the nonminor's connections with caring
and permanently committed adults.
   (J) The agency's compliance with the nonminor dependent's
Transitional Independent Living Case Plan, including efforts to
finalize the nonminor's permanent plan and prepare the nonminor
dependent for independence.
   (K) The progress in providing the information and documents to the
nonminor dependent as described in Section 391.
   (2) The court shall inquire about the progress being made to
provide a permanent home for the nonminor, shall consider the safety
of the nonminor dependent, and shall determine all of the following:
   (A) The continuing necessity for, and appropriateness of, the
placement.
   (B) Whether the agency has made reasonable efforts to maintain
relationships between the nonminor dependent and individuals who are
important to the nonminor dependent.
   (C) The extent of the agency's compliance with the case plan in
making reasonable efforts, or, in the case of an Indian child, active
efforts as described in Section 361.7, to create a safe home of the
parent or guardian for the nonminor to reside in or to complete
whatever steps are necessary to finalize the permanent placement of
the nonminor dependent.
   (D) The extent of the agency's compliance with the nonminor
dependent's Transitional Independent Living Case Plan, including
efforts to finalize the youth's permanent plan and prepare the
nonminor dependent for independence.
   (E) The adequacy of services provided to the parent or guardian
and to the nonminor dependent. The court shall consider the progress
in providing the information and documents to the nonminor dependent
as described in Section 391. The court shall also consider the need
for, and progress in providing, the assistance and services described
in Section 391.
   (F) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.
   (G) The likely date by which the nonminor dependent may safely
reside in the home of the parent or guardian or, if the court is
terminating reunification services, the likely date by which it is
anticipated the nonminor dependent will achieve independence, or, for
an Indian child, in consultation with the child's tribe, placed for
tribal customary adoption.
   (H) Whether the agency has made reasonable efforts as required in
subparagraph (D) of paragraph (1) of subdivision (a) of Section 366
to establish or maintain the nonminor dependent's relationship with
his or her siblings who are under the juvenile court's jurisdiction.
   (I) The services needed to assist the nonminor dependent to make
the transition from foster care to independent living.
   (J) Whether or not reasonable efforts to make and finalize a
permanent placement for the nonminor have been made.
   (e) For a nonminor dependent who is no longer receiving
court-ordered family reunification services and is in a permanent
plan of planned permanent living arrangement, at the review hearing
held every six months pursuant to subdivision (d) of Section 366.3,
the reviewing body shall inquire about the progress being made to
provide permanent connections with caring, committed adults for the
nonminor dependent, shall consider the safety of the nonminor, shall
consider the Transitional Independent Living Case Plan, and shall
determine all of the following:
   (1) The continuing necessity for, and appropriateness of, the
placement.
   (2) The continuing appropriateness and extent of compliance with
the permanent plan for the nonminor dependent, including efforts to
identify and maintain relationships with individuals who are
important to the nonminor dependent.
   (3) The extent of the agency's compliance with the nonminor
dependent's Transitional Independent Living Case Plan, including
whether or not reasonable efforts have been made to make and finalize
the youth's permanent plan and prepare the nonminor dependent for
independence.
   (4) Whether a prospective adoptive parent has been identified and
assessed as appropriate for the nonminor dependent's adoption under
this section, whether the prospective adoptive parent has been
informed about the terms of the written negotiated adoption
assistance agreement pursuant to Section 16120, and whether adoption
should be ordered as the nonminor dependent's permanent plan. If
nonminor dependent adoption is ordered as the nonminor dependent's
permanent plan, a hearing pursuant to subdivision (f) shall be held
within 60 days. When the court orders a hearing pursuant to
subdivision (f), it shall direct the agency to prepare a report that
shall include the provisions of paragraph (5) of subdivision (f).
   (5) For the nonminor dependent who is an Indian child, whether, in
consultation with the nonminor's tribe, the nonminor should be
placed for tribal customary adoption.
   (6) The adequacy of services provided to the nonminor dependent.
The court shall consider the progress in providing the information
and documents to the nonminor dependent as described in Section 391.
The court shall also consider the need for, and progress in
providing, the assistance and services described in Section 391.
   (7) The likely date by which it is anticipated the nonminor
dependent will achieve adoption or independence.
   (8) Whether the agency has made reasonable efforts as required in
subparagraph (D) of paragraph (1) of subdivision (a) of Section 366
to establish or maintain the nonminor dependent's relationship with
his or her siblings who are under the juvenile court's jurisdiction.
   (9) The services needed to assist the nonminor dependent to make
the transition from foster care to independent living.
   (f) (1) At a hearing to consider a permanent plan of adoption for
a nonminor dependent, the court shall read and consider the report in
paragraph (5) and receive other evidence that the parties may
present. A copy of the executed negotiated agreement shall be
attached to the report. If the court finds pursuant to this section
that nonminor dependent adoption is the appropriate permanent plan,
it shall make findings and orders to do the following:
   (A) Approve the adoption agreement and declare the nonminor
dependent is the adopted child of the adoptive parent, and that the
nonminor dependent and adoptive parents agree to assume toward each
other the legal relationship of parents and child and to have all of
the rights and be subject to all of the duties and responsibilities
of that relationship.
   (B) Declare that the birth parents of the nonminor dependent are,
from the time of the adoption, relieved of all parental duties
toward, and responsibility for, the adopted nonminor dependent and
have no rights over the adopted nonminor dependent.
   (2) If the court finds that the nonminor dependent and the
prospective adoptive parent have mutually consented to the adoption,
the court may enter the adoption order after it determines all of the
following:
   (A) Whether the notice was given as required by law.
   (B) Whether the nonminor dependent and prospective adoptive parent
are present for the hearing.
   (C) Whether the court has read and considered the assessment
prepared by the social worker or probation officer.
   (D) Whether the court considered the wishes of the nonminor
dependent.
   (E) If the nonminor dependent is eligible, the prospective
adoptive parent has signed the negotiated adoption assistance
agreement pursuant to subdivision (g) of Section 16120, and whether a
copy of the executed negotiated agreement is attached to the report.
   (F) Whether the adoption is in the best interest of the nonminor
dependent.
   (3) If the court orders the establishment of the nonminor
dependent adoption, it shall dismiss dependency or transitional
jurisdiction.
   (4) If the court does not order the establishment of the nonminor
dependent adoption, the nonminor dependent shall remain in a planned
permanent living arrangement subject to periodic review of the
juvenile court pursuant to this section.
   (5) At least 10 calendar days before the hearing, the social
worker or probation officer shall file a report with the court and
provide a copy of the report to all parties. The report shall
describe the following:
   (A) Whether or not the nonminor dependent has any developmental
disability and whether the proposed adoptive parent is suitable to
meet the needs of the nonminor dependent.
   (B) The length and nature of the relationship between the
prospective adoptive parent and the nonminor dependent, including
whether the prospective adoptive parent has been determined to have
been established as the nonminor's permanent connection.
   (C) Whether the nonminor dependent has been determined to be
eligible for the adoption assistance program, and if so, whether the
prospective adoptive parent has signed the negotiated adoption
assistance agreement pursuant to subdivision (g) of Section 16120.
   (D) Whether a copy of the executed negotiated agreement is
attached to the report.
   (E) Whether criminal background clearances were completed for the
prospective adoptive parent as required by Section 671(a)(2)(A) and
(c) of Title 42 of the United States Code.
   (F) Whether the prospective adoptive parent who is married and not
legally separated from that spouse has the consent of the spouse,
provided that the spouse is capable of giving that consent.
   (G) Whether the adoption of the nonminor dependent is in the best
interests of the nonminor dependent and the prospective adoptive
parent.
   (H) Whether the nonminor dependent and the prospective adoptive
parent have mutually consented to the adoption.
   (6) The social worker or probation officer shall serve written
notice of the hearing in the manner and to the persons set forth in
Section 295, including the prospective adoptive parent or parents,
except that notice to the nonminor's birth parents is not required.
   (7) Nothing in this section shall prevent a nonminor dependent
from filing an adoption petition pursuant to Section 9300 of the
Family Code.
   (g) Each licensed foster family agency shall submit reports for
each nonminor dependent in its care to the court concerning the
continuing appropriateness and extent of compliance with the nonminor
dependent's permanent plan, the extent of compliance with the
Transitional Independent Living Case Plan, and the type and adequacy
of services provided to the nonminor dependent. The report shall
document that the nonminor has received all the information and
documentation described in paragraph (2) of subdivision (e) of
Section 391. If the court is considering terminating dependency
jurisdiction for a nonminor dependent it shall first hold a hearing
pursuant to Section 391.

Last modified: February 22, 2013