AB 2209 Summary

• Prohibits placement of dependent children outside the United States without a prior judicial finding by clear and convincing evidence that the placement is in the child's best interest, except as required by federal law or treaty.

• Requires the party or agency requesting out-of-country placement to carry the burden of proof and establish the placement necessity through clear and convincing evidence.

• Establishes specific factors courts must consider when determining best interest of the child, including placement with relatives, sibling placement together, and the child's social, cultural, and educational needs.

• Requires placing agencies to notify the child's attorney and provide placement information (address, telephone number, caregiver) within one business day of making a placement decision or change in placement.

• Clarifies that the provisions do not apply to placements with a parent and do not include lands of federally recognized American Indian tribes or Alaskan Natives.