AB 778

This bill prohibits the out-of-home placement of a child with a nonparent

relative or other unlicensed person if that relative or person has been convicted, pled

no contest, or had a charge for a crime against a child against him or her dismissed

or amended as a result of a plea agreement. This bill also prohibits subsidized

guardianships and licensing of child welfare agencies, foster homes, group homes,

and shelter care facilities under the Children's Code if the license applicant, an

employee, or a nonclient resident has pled no contest to certain crimes against a child

or had a charge against them for certain crimes against a child dismissed or amended

as the result of a plea agreement.

Under current law, a court assigned to exercise jurisdiction under the

Children's Code (juvenile court) may designate an out-of-home placement for a child

found to be in need of protection or services (CHIPS). Under current law, the juvenile

court may place a child in the home of a relative or may temporarily place a child with

a person who is not licensed under the Children's Code, unless the relative or

unlicensed person has been convicted of the first- or second-degree intentional

homicide of a parent of the child. Under this bill, the juvenile court may not place

a child with a relative other than a parent or with a person who is not licensed under

the Children's Code if the relative or unlicensed person has been convicted, pled no

contest, or been subject to a plea agreement for a crime against a child.

Under current law, if the juvenile court places a child in out-of-home care,

including in a foster home, a shelter care facility, a group home, subsidized

guardianship, or with a relative, the out-of-home care placement is required to

apply for a license. Under current law, any licensee, its employees, and its nonclient

residents are required to undergo a background investigation, and the out-of-home

placement may not receive a license if the background investigation indicates that

the licensee, an employee, or a nonclient resident has been convicted or adjudicated

delinquent of certain offenses, including certain crimes against a child, or if there has

been a final determination by a child protective services agency that the person has

abused or neglected a child. Under this bill, the out-of-home care placement may

not receive a license if the background investigation shows that the licensee,

employee, or nonclient resident has pled no contest to a charge of certain crimes

against a child or has had a charge against them for certain crimes against a child

dismissed or amended as a result of a plea agreement.