California Welfare and Institutions Code

§ 727.1

WIC § 727.1 Effective Sep 27, 2024Div. 2 · Part 1 · Ch. 2 · Art. 18

Statute text

(a)If the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the decision regarding choice of placement, pursuant to Section 706.6, shall be based upon selection of a safe setting that is the least restrictive or most family-like, and the most appropriate setting that meets the individual needs of the minor and is available, in proximity to the parent’s home, consistent with the selection of the environment best suited to meet the minor’s special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment pursuant to Section 7950 of the Family Code. In an Indian child custody proceeding, the selection shall comply with the placement preferences set forth in Section 361.31.

(b)Unless otherwise authorized by law, the court shall not order the placement of a minor who is adjudged a ward of the court on the basis that the ward is a person described by either Section 601 or 602 in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, unless the court finds, in its order of placement and based on evidence presented by the county probation department, that all of the following conditions are met:

(1)The out-of-state residential facility is licensed or certified for the placement of children by an agency of the state in which the ward will be placed.

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Legislative history

Amended by Stats. 2024, Ch. 656, Sec. 23. (AB 81) Effective September 27, 2024.