AB2478 - Kinship family approval.

Amended IN Senate August 21, 2026 Amended IN Senate August 20, 2026 Amended IN Senate June 16, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 2478 Introduced by Assembly Members Schultz and Solache (Coauthor: Assembly Member Castillo) February 20, 2026 An act to amend Sections 49069.3, 49076, 56055, and 56155.5 of the Education Code, to amend Sections 6552, 8609, 8704.5, 8708, and 9201 of, and to repeal Section 9203.1 of, the Family Code, to amend Sections 7930.165, 7930.190, and 30029.7 of the Government Code, to amend Sections 1501.1, 1502, 1505, 1506, 1506.1, 1506.5, 1506.9, 1507.25, 1517, 1517.2, 1517.3, 1520, 1520.3, 1522.08, 1522.1, 1522.4, 1522.44, 1523.1, 1524, 1524.01, 1527, 1527.1, 1527.2, 1527.4, 1527.5, 1530.5, 1530.7, 1536, 1536.2, 1538, 1558, 1559.110, 1568.26, and 115725 of, to amend, repeal, and add Section 1522 of, and to repeal Sections 1506.6, 1506.7, 1506.8, and 1517.1 of, the Health and Safety Code, to amend Section 676.7 of the Insurance Code, to amend Sections 11105.2, 11165.7, 11167.5, and 11170 of the Penal Code, to amend Sections 1541 and 1543 of the Probate Code, and to amend Sections 224.1, 291, 293, 294, 295, 309, 319, 361, 361.2, 361.4, 361.45, 362.04, 366.1, 366.3, 366.31, 628, 706.5, 706.6, 727, 727.05, 727.12, 727.4, 827, 4684, 10553.12, 10952.5, 11362, 11363, 11386, 11391, 11400, 11402, 11461, 11461.3, 11461.36, 11461.6, 11462, 11462.01, 11463, 16003.5, 16119, 16120, 16161, 16501.01, 16501.02, 16501.1, 16504.5, 16507.5, 16514, 16519, 16519.3, 16519.501, 16519.502, 16519.51, 16519.52, 16519.53, 16519.54, 16519.55, 16519.555, 16519.56, 16519.57, 16519.6, 16521.6, 16563, 16565, 17710, 17730, 17731, 17736, and 18250 of, to amend the heading of Article 2 (commencing with Section 16519.3) of Chapter 5 of Part 4 of Division 9 of, to amend, repeal, and add Section 16519.5 of, to add Sections 16519.605 and 16519.615 to, and to repeal and add Section 16519.4 of, the Welfare and Institutions Code, relating to foster care. LEGISLATIVE COUNSEL'S DIGEST AB 2478, as amended, Schultz. Kinship family approval. (1) Existing law generally provides for the placement of foster youth in various placement settings. Existing law provides for the implementation of the resource family approval process, and defines a resource family as an individual or family who has successfully met both the home environment assessment standards and permanency assessment criteria, as specified, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian. Existing law requires the State Department of Social Services, on or before January 1, 2027, to adopt a simplified approval process for relative caregivers, as specified. Existing law conditions implementation of the simplified approval process upon federal financial participation and approval, as specified. This bill would, among other things, require the department to, on or before July 1, 2028, adopt a kinship family approval process to approve a relative, nonrelative extended family member, or extended family member of an Indian child to be a kinship family, which the bill defines as an individual or family who has successfully met the home environment assessment and family engagement standards, as specified, necessary for providing care for a child placed by a county child welfare department or a probation department by court order or voluntarily placed by a parent or legal guardian. The bill would require counties to ensure relatives, nonrelative extended family members, and extended family members of an Indian child are provided information regarding approval processes and the option to choose between the kinship family approval process, the resource family approval process, and in the case of an Indian child, a tribally approved home. The bill would also make technical, conforming changes to make provisions that are applicable to resource families also applicable to kinship families, and delete obsolete provisions. By imposing duties on counties relating to the approval of, and placement of children with, kinship families, this bill would impose a state-mandated local program. The bill would make certain personal identifying information, written evaluation reports, and court proceedings relating to kinship families confidential, except as specified. The bill would require the application form signed by a kinship family applicant to be signed with a declaration by the applicant that the information submitted is true, correct, and contains no material omissions of fact to the best knowledge and belief of the applicant, and makes any person who willfully and knowingly, with the intent to deceive, makes a false statement or fails to disclose a material fact in their application is guilty of a misdemeanor. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. (2) Existing law authorizes the court to order temporary placement of the child in the home of a relative, extended family member, or nonrelative extended family member, and requires the court to consider the results of a criminal records check, among other things, before ordering that placement. Existing law also authorizes the placement of a child on an emergency basis in the home of a relative or nonrelative extended family member after a criminal records check, among other things, and requires the relative or nonrelative extended family member to submit an application for approval as a resource family after the emergency placement. Existing law authorizes the court to place a child after an order of removal, or on a temporary or emergency basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval if the court finds that the placement does not pose a risk to the health and safety of the child. This bill would additionally authorize the court to place a child after an order of removal, or on a temporary or emergency basis, in the home of a nonrelative extended family member or an extended family member, regardless of the status of any criminal record exemption, kinship family approval, tribally approved home, or resource family approval if the court finds that the placement does not pose a risk to the health and safety of the child. (3) Existing law prohibits a school district from permitting access to pupil records to a person without written parental consent or under judicial order except as authorized by law, and requires access to be granted to a list of specified persons and entities, including, among others, a parent or a caregiver, who have direct responsibility for the care of the pupil. This bill would add a kinship family, as defined, to the list of persons and entities required to be granted access to pupil records. To the extent the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. (4) Existing law establishes the Adoption Assistance Program to benefit children residing in foster homes by providing the stability and security of permanent homes and requires a child to be eligible for benefits under the program if they meet specified criteria, including that the prospective adoptive parent has completed specified background check requirements. This bill would authorize a child to receive benefits under the program if the prospective parent is otherwise ineligible if the prospective parent or an adult living in the home was granted a criminal record exception or the juvenile court authorized the placement with a prospective parent who was not granted the exemption. (5) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (6) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (7) This bill would incorporate additional changes to Section 49076 of the Education Code proposed by SB 1017 to be operative only if this bill and SB 1017 are enacted and this bill is enacted last. This bill would incorporate additional changes to Sections 366.31, 11363, 11386, 16120, and 16501.1 of the Welfare and Institutions Code proposed by AB 2764 to be operative only if this bill and AB 2764 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 11461.6 of the Welfare and Institutions Code proposed by SB 1051 to be operative only if this bill and SB 1051 are enacted and this bill is enacted last. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 49069.3 of the Education Code is amended to read: 49069.3. (a) A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelative extended family member, a kinship family, as defined in Section 16519.4 of the Welfare and Institutions Code, a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, or a tribally approved home, as defined in subdivision (r) of Section 224.1 of the Welfare and Institutions Code, may access the current or most recent records of grades, transcripts, attendance, discipline, and online communication on platforms established by schools for pupils and parents, and any individualized education programs (IEP) that may have been developed pursuant to Chapter 4 (commencing with Section 56300) of Part 30 or any plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)) maintained by school districts, county offices of education, charter schools, nonpublic schools, as defined in Section 60010, or private schools of that pupil. A caregiver, pursuant to this section, may access the information specified in this section regardless of whether the caregiver has been appointed as the pupil’s educational rights holder pursuant to Section 319, 361, or 726 of the Welfare and Institutions Code. (b) A foster family agency, short-term residential treatment program, or caregiver may review and receive pupil records pursuant to subdivision (a) for purposes of monitoring the pupil’s educational progress, updating and maintaining the pupil’s education records as required by Section 16010 of the Welfare and Institutions Code, and ensuring the pupil has access to educational services, supports, and activities. These purposes include, but are not limited to, enrolling the pupil in school, assisting the pupil with homework, class assignments, and college and scholarship applications, and enrolling the pupil in extracurricular activities, tutoring, and other afterschool and summer enrichment programs. (c) (1) If direct communication between a caregiver and an educational rights holder is appropriate, a caregiver who is not the pupil’s educational rights holder shall notify the pupil’s educational rights holder of any educational needs of the pupil that require the educational rights holder’s consent or participation, including, but not limited to, school placement decisions, decisions on whether to invoke or waive school of origin rights, consent for special education assessments and individualized education programs, meetings or hearings regarding attendance or discipline, and decisions regarding graduation. In instances involving significant discipline or that potentially impact a pupil’s continued enrollment and progress in school, the caregiver shall also provide the same information to the pupil’s social worker as is provided to the educational rights holder. (2) If direct communication between a caregiver and an educational rights holder is inappropriate, the pupil’s social worker shall direct the caregiver to communicate the information specified in paragraph (1) with the pupil’s social worker or attorney instead of the educational rights holder. (3) Nothing in this subdivision affects the responsibilities of a placement agency with regard to the education of a pupil. (4) This subdivision shall not be construed to alter or increase a social worker’s or attorney’s decisionmaking rights and responsibilities regarding a pupil. (d) Nothing in this section affects the duties of a local educational agency related to informing and involving educational rights holders in educational decisions affecting the child. SEC. 2. Section 49076 of the Education Code is amended to read: 49076. (a) A school district shall not permit access to pupil records to a person without written parental consent or under judicial order except as set forth in this section and as permitted by Part 99 (commencing with Section 99.1) of Title 34 of the Code of Federal Regulations. (1) Access to those particular records relevant to the legitimate educational interests of the requester shall be permitted to the following: (A) School officials and employees of the school district, members of a school attendance review board appointed pursuant to Section 48321 who are authorized representatives of the school district, and any volunteer aide, 18 years of age or older, who has been investigated, selected, and trained by a school attendance review board for the purpose of providing followup services to pupils referred to the school attendance review board, provided that the person has a legitimate educational interest to inspect a record. (B) Officials and employees of other public schools or school systems, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided or where the pupil intends to or is directed to enroll, subject to the rights of parents as provided in Section 49068. (C) Authorized representatives of the Comptroller General of the United States, the United States Secretary of Education, and state and local educational authorities, or the United [Text truncated for display. Full text available on Congress.gov.]