Part 6. Foster Care Placement Considerations of California Family Law Code >> Division 12. >> Part 6.
(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 (f) of Section 319 of the
Welfare and Institutions Code. At any permanency hearing in which the
court terminates reunification services, or at any 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 himself or herself or by other persons,
has been evaluated as an appropriate placement resource.
(2) No agency or entity that receives any state assistance and is
involved in foster care placements may do either of the following:
(A) Deny to any 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) shall not be construed to affect the
application of the Indian Child Welfare Act of 1978 (25 U.S.C. Sec.
1901 et seq.).
(c) Nothing in this section precludes a search for an appropriate
relative being conducted simultaneously with a search for a foster
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.
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.