CaliforniaCalifornia sets conditional kinship approval rules for foster caregivers
The state must adopt a kinship approval process by July 2028, but its use depends on federal funding and approval and completed computer systems.
What it does
The state must adopt a kinship approval process by July 1, 2028. Its use depends on federal funding and approval of state plan changes, plus completed statewide computer-system changes.
A court may place a child with certain family-connected caregivers before their approvals or criminal record exemptions are complete, if the home poses no safety risk.
Approved kinship families must be allowed to see relevant school records, such as grades, attendance, and discipline information, under existing privacy rules.
For state or nonfederal adoption assistance, some children may qualify despite a household member’s criminal record issue if a specified exemption or juvenile court authorization applies.
Kinship family applicants must declare that their information is true and complete. Knowingly making a false statement or hiding a material fact to deceive is a misdemeanor.
Argument forA clear approval path could help relatives and other family-connected caregivers care for children while keeping them connected to family.
Argument againstCaregivers who intentionally hide a material fact or knowingly make a false statement to deceive may face a misdemeanor charge.
More detail
The state must adopt a kinship family approval process. The process covers relatives, nonrelative extended family members, and extended family members of an Indian child who seek to care for a child placed by a county child welfare or probation department. Use of the simplified process depends on federal financial participation, federal approval of state plan changes, and completion of required statewide computer-system changes. The department must adopt the process by July 1, 2028. The process may be implemented only when the stated funding, approval, and system conditions are met.
A juvenile court may approve certain family-connected homes for temporary or emergency placement despite pending approvals or criminal record exemptions. This applies to a nonrelative extended family member or an extended family member of an Indian child after removal, or for a temporary or emergency placement. The court must find that the placement does not pose a risk to the child’s health and safety.
Schools must allow an approved kinship family to access specified pupil records. This covers an approved kinship family responsible for a pupil’s care. Access is limited to records relevant to the requester’s legitimate educational interests and is subject to existing pupil-record privacy rules.
A child may qualify for adoption assistance despite certain criminal background check barriers affecting a prospective adoptive household. This applies to a child seeking Adoption Assistance Program benefits and the prospective adoptive parent or an adult living in that home. This exception applies to state or nonfederal adoption assistance when a household member received a specified criminal record exemption, or the juvenile court authorized placement without that exemption.
Kinship family applicants must declare their applications are truthful and complete. This applies to applicants for kinship family approval through a county. A misdemeanor applies only when a person willfully and knowingly makes a false statement or omits a material fact with intent to deceive.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 27Chaptered by Secretary of State - Chapter 611, Statutes of 2026.Latest
- Sep 27Approved by the Governor Gavin Newsom.Became Law
- Sep 15Enrolled and presented to the Governor at 3 p.m.To Governor
- Aug 31Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6970.).Major
- Vote recorded AB 2478 Schultz Concurrence in Senate Amendments. Result: pass.Lower
- Aug 30In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB2478 Schultz et al. By Ochoa Bogh. Result: pass.Upper
- Aug 30Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).Passed Senate
- Aug 24Read second time. Ordered to third reading.Minor
- Aug 21Read second time and amended. Ordered returned to second reading.Major
- Aug 20Read third time and amended. Ordered to second reading.Major
- Aug 19Ordered to third reading.Minor
- Aug 19From special consent calendar.
- Aug 18Ordered to special consent calendar.
- Aug 13Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- Aug 13From committee: Do pass. (Ayes 7. Noes 0.) (August 13).Minor
- Aug 3In committee: Referred to APPR. suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jun 24From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 13. Noes 0.) (June 23). Re-referred to Com. on APPR.Minor
- Jun 23
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar. Result: pass.Upper
- Jun 16From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.Major
- Jun 16From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0.) (June 15). Re-referred to Com. on JUD.Minor
- Jun 15
- Vote recorded Do pass, but first be re-referred to the Committee on [Judiciary]. Result: pass.Upper
- Jun 3Referred to Coms. on HUMAN S. and JUD.Minor
- May 27In Senate. Read first time. To Com. on RLS. for assignment.Minor
- May 26Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 5324.)Passed Assembly
- Vote recorded AB 2478 Schultz Assembly Third Reading. Result: pass.Lower
- May 18Read second time. Ordered to third reading.Minor
- May 14From committee: Do pass. (Ayes 15. Noes 0.) (May 14).Minor
- Vote recorded Do pass. Result: pass.Lower
- May 14Joint Rule 62(a), file notice suspended. (Page 5030.)
- May 13In committee: Set, first hearing. Referred to APPR. suspense file.Minor
- Apr 22From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (April 21). Re-referred to Com. on APPR.Minor
- Apr 21
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar. Result: pass.Lower
- Apr 15From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (April 14). Re-referred to Com. on JUD.Minor
- Apr 15Coauthors revised.
- Apr 14
- Vote recorded Do pass and be re-referred to the Committee on [Judiciary]. Result: pass.Lower
- Mar 24In committee: Hearing postponed by committee.
- Mar 9Referred to Coms. on HUM. S. and JUD.Minor
- Feb 21From printer. May be heard in committee March 23.
- Feb 20Read first time. To print.Introduced
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