Paul J Cook
- Republican
Author
(1) Existing law governs the removal of a child who has suffered or is at risk of suffering abuse or neglect from the home of the child's parent or guardian and the placement of that child in foster care. These provisions require the juvenile court to, among other things, conduct noticed detention, periodic status review, and dispositional hearings regarding the child, and direct the court to order, review, and receive into evidence social studies or evaluations regarding the child, including recommendations for placement. Under certain circumstances, the juvenile court may terminate parental rights and place the child for adoption or in long-term foster care, among other options for permanent placement. These provisions require county social workers to conduct the social studies or evaluations and to prepare reports and make recommendations to the court regarding temporary and long-term placement of the child, as specified. Existing federal law, the Indian Child Welfare Act, and state law govern the placement of children who are or who may be Indian children, as specified This bill would revise those provisions to require the juvenile court and social workers to consider and recommend tribal customary adoption, as defined, as an additional permanent placement option, without termination of parental rights, for a dependent child. The bill would provide that a tribal customary adoption order would have the same force and effect as an order of adoption. By imposing new duties on social workers, the bill would impose a state-mandated local program. (2) Existing law governs independent and agency adoptions. This bill would specifically exempt tribal customary adoptions from those provisions. (3) The bill would require the Judicial Council to adopt rules of court and necessary forms to implement tribal customary adoption as a permanent plan for Indian children before July 1, 2010. The bill would also require the Judicial Council to complete a study of these provisions and report its findings to the Legislature on or before January 1, 2013. (4) The amendments implementing tribal customary adoption would become operative on July 1, 2010, and would be repealed on January 1, 2014. (5) This bill would permit the Department of Social Services to adopt emergency regulations to implement and administer the provisions of this bill. (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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Chaptered by Secretary of State - Chapter 287, Statutes of 2009.
Approved by the Governor.
Enrolled and to the Governor at 5 p.m.
Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 3169.)
Assembly Rule 77 suspended. (Page 3152.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.
Read third time, passed, and to Assembly. (Ayes 39. Noes 0. Page 2203.)
Read second time. To third reading.
Read third time, amended. To second reading.
Read second time. To third reading.
(received by desk August 28, 2009 pursuant to JR61(a)(11))
From committee: Do pass. (Ayes 13. Noes 0.) (August 27).
In committee: Placed on Appropriations suspense file.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
In committee: Set, first hearing. Hearing canceled at the request of author.
From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 0.) (July 14).
In committee: Hearing postponed by committee.
From committee: Do pass, and re-refer to Com. on JUD. with recommendation: To Consent Calendar. Re-referred. (Ayes 5. Noes 0.) (June 23).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time, passed, and to Senate. (Ayes 76. Noes 0. Page 1768.)
Read second time. To Consent Calendar.
From committee: Do pass. To Consent Calendar. (May 20).
Read second time and amended.
From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 28).
Read second time and amended.
From committee: Amend, do pass as amended, and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (April 14).
Read first time.
From printer. May be heard in committee March 30.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB1325 | HTML |
| 02/27/09 - Introduced | |
| 04/21/09 - Amended Assembly | |
| 05/06/09 - Amended Assembly | |
| 08/19/09 - Amended Senate | |
| 09/02/09 - Amended Senate | |
| 09/14/09 - Enrolled | |
| 10/11/09 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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