Best Interests of the Child

Statute: Cal. Welf. & Inst. Code § 16000 (West, WESTLAW through 2002 Reg. Sess., 3rd Ex. Sess., & 3-2-02)

Law:

It is the intent of the legislature to preserve and strengthen a child's family ties whenever possible, removing the child from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. In any case in which a child is removed from the physical custody of his or her parents, preferential consideration shall be given whenever possible to the placement of the child with relatives, as required by law.
When the child is removed from his or her own family, it is the purpose of this chapter to secure as nearly as possible for the child the custody, care, and discipline equivalent to that which should have been given to the child by his or her parents. It is further the intent of the legislature to reaffirm its commitment to children who are in out-of-home placement to live in the least restrictive, most family-like setting and to live as close to the child's family as possible.

Family reunification services shall be provided for expeditious reunification of the child with his or her family, as required by law. If reunification is not possible or likely, a permanent alternative shall be developed.

Concurrent Planning

Statute: Cal. Welf. & Inst. Code § 706.6(k) (West, WESTLAW through 2002 Reg. Sess., 3rd Ex. Sess., & 3-2-02)

Law:

When out-of-home services are used and the goal is reunification, the case plan shall describe the services that were provided to prevent removal of the minor from the home, those services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail.

Statute: Cal. Welf. & Inst. Code § 16501.1(f)(9) (West, WESTLAW through 2002 Reg. Sess., 3rd Ex. Sess., & 3-2-02)

Law:

When out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider the importance of developing and maintaining sibling relationships pursuant to § 16002.