California Welfare and Institutions Code

§ 16508.1

WIC § 16508.1 Effective Jun 27, 2012Div. 9 · Part 4 · Ch. 5

Statute text

(a)For every child who is in foster care, or who enters foster care, on or after January 1, 1999, and has been in foster care for 15 of the most recent 22 months, the social worker shall submit to the court a recommendation that the court set a hearing pursuant to Section 366.26 for the purpose of terminating parental rights. The social worker shall concurrently initiate and describe a plan to identify, recruit, process and approve a qualified family for adoption of the child.

(b)The social worker is not required to submit the recommendation as described in subdivision (a) if any of the following applies:

(1)The case plan for the child has documented a compelling reason or reasons why it is unlikely that the child will be adopted, as determined by the department when it is acting as an adoption agency or by the licensed adoption agency, and therefore termination of parental rights would not be in the best interest of the child or that one of the conditions set forth in paragraph (1) of subdivision (c) of Section 366.26 applies.

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Legislative history

Amended (as amended by Stats. 2009, Ch. 287, Sec. 23) by Stats. 2012, Ch. 35, Sec. 132. (SB 1013) Effective June 27, 2012.