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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 family.
(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 family.
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.
