Foster Care Placement Considerations - Parent And Child Relationship - CA Family Law

Section § 7950

This law focuses on how children should be placed in foster care in California. When possible, children are to be placed with relatives unless it's deemed not in the child's best interest. Agencies must make a real effort to find such relatives. During certain court hearings, the court will check if agencies have tried hard to find a suitable relative. The law also ensures that foster care placements are not based on race, color, or national origin, and agencies can't reject foster parents or delay placements because of these factors. Additionally, this does not interfere with finding relatives and foster families simultaneously or the rules of the Indian Child Welfare Act.

(a) With full consideration for the proximity of the natural parents to the placement so as to facilitate visitation and family reunification, when a placement in foster care is being made, the following considerations shall be used:

(1) Placement shall, if possible, be made in the home of a relative, unless the placement would not be in the best interest of the child. Diligent efforts shall be made by an agency or entity to which this subdivision applies, to locate an appropriate relative as defined in paragraph (2) of subdivision (h) of Section 319 of the Welfare and Institutions Code. At a permanency hearing in which the court terminates reunification services, or at a postpermanency hearing for a child not placed for adoption, the court shall find that the agency or entity to which this subdivision applies has made diligent efforts to locate an appropriate relative and that each relative whose name has been submitted to the agency or entity as a possible caretaker, either by the relative or by other persons, has been evaluated as an appropriate placement resource.

(2) An agency or entity that receives state assistance and is involved in foster care placements shall not do either of the following:

(A) Deny a person the opportunity to become a foster parent on the basis of the race, color, or national origin of the person or the child involved.

(B) Delay or deny the placement of a child into foster care on the basis of the race, color, or national origin of the foster parent or the child involved.

(b) Subdivision (a) does not affect the application of the Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.).

(c) This section does not preclude a search for an appropriate relative being conducted simultaneously with a search for a foster family.

foster care placement relative placement best interest of the child diligent efforts permanency hearing reunification services race and foster care non-discrimination in foster care Indian Child Welfare Act placement delay family reunification appropriate placement resource

(Amended by Stats. 2024, Ch. 845, Sec. 1. (AB 2929) Effective January 1, 2025.)

Section § 7951

This law section means that the rules in this part don't apply when deciding where a child will temporarily stay in foster care for no more than 30 days.

This part does not apply in determining the foster care setting in which the child may be placed for a period not intended to exceed 30 days.

foster care temporary placement child placement 30-day period short-term care placement exceptions foster setting brief stay temporary arrangement children in foster care

(Repealed and added by Stats. 1995, Ch. 884, Sec. 2. Effective January 1, 1996.)

Section § 7952

If a child who is at least 10 years old is being considered for foster care, they have the right to tell the court where they'd like to live. The court doesn't have to follow what the child wants, but the child can speak up not only when the first choice is made, but also during any future decisions about staying in foster care or going back to their parents.

A minor 10 years of age or older being considered for placement in a foster home has the right to make a brief statement to the court making a decision on placement. The court may disregard any preferences expressed by the minor. The minor’s right to make a statement is not limited to the initial placement, but continues for any proceedings concerning continued placement or a decision to return to parental custody.

minor's statement foster home placement court decision child's preference initial placement continued placement return to parental custody minor's rights 10 years or older express preferences foster care proceedings

(Repealed and added by Stats. 1995, Ch. 884, Sec. 2. Effective January 1, 1996.)