AB 26

Under current law, if the juvenile court places a child who is found to be in need

of protection or services in an out-of-home placement in a foster home, a shelter care

facility, a group home, a subsidized guardianship, or with a relative who receives

kinship care payments, the out-of-home placement is required to be licensed under

the Children's Code. A licensed out-of-home placement may not employ a person

or house a person as a nonclient resident if the person has been convicted or

adjudicated delinquent of certain offenses, including certain crimes against a child,

or has been determined by a child protective services agency to have abused or

neglected a child. Under this bill, a licensed out-of-home placement may not employ

a person or house a person as a nonclient resident if the person has pled no contest

to a charge of certain crimes against a child or has had a charge for those crimes

dismissed or amended as a result of a plea agreement.

Under current law, the juvenile court may place a child who is found to be in

need of protection or services in the home of a relative without a license or may

temporarily place a child with another person who is not licensed under the

Children's Code, unless the relative or unlicensed person has been convicted of

first-degree or second-degree intentional homicide of a parent of the child. Under

current law, the juvenile court may still place a child with such a person if the court

finds, by clear and convincing evidence, that the placement is in the best interests

of the child, taking into account the wishes of the child.

Under this bill, the juvenile court also may not place a child or juvenile with a

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

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

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

bill, the juvenile court may still place a child with such a person if the court finds,

by clear and convincing evidence, that the placement is in the best interests of the

child.