Foster care: missing children and nonminor dependents.

Existing law generally provides for the placement of foster youth in various placement settings and governs the provision of child welfare services, as specified. Existing law requires county child welfare agencies and probation departments to develop and implement specific protocols to expeditiously locate any child or nonminor dependent missing from foster care, including, but not limited to, the timeframe for reporting missing youth and the individuals or entities entitled to notice that a youth is missing. Existing law requires the social worker or probation officer to determine the primary factors that contributed to the child or nonminor dependent running away or otherwise being absent from care, among other things. This bill, the Luke Madrigal Act, would, among other things, additionally require the social worker or probation officer, when they receive information that a child receiving child welfare services is missing from foster care, to immediately, but in no case later than 24 hours from the receipt of that information, notify specified entities or persons, including the local law enforcement agency and the child's or nonminor dependent's parents or guardians, except as specified. The bill would define "missing from foster care" to mean the whereabouts of a child subject to an order of foster care placement are unknown to the county child welfare agency or probation department, or when the county child welfare agency or probation department has located a child subject to an order of foster care placement in a location not approved by the court that may pose a risk to the child, as specified. The bill would include a nonminor dependent in this definition if, based on the totality of the circumstances, the county child welfare agency or probation department suspects that the nonminor dependent did not voluntarily leave foster care or is at risk of substantial harm. By increasing the duties of county child welfare agencies and probation departments, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.