AB 2354

Bill Subjects

Abstract

Existing law generally requires the juvenile court to hold a permanency hearing no later than 12 months after the date a child has entered foster care. At the permanency hearing, existing law requires the court to determine the permanent plan for the child, including a determination of whether the child will be returned to the child's home. Existing law requires the court to order the return of the child to the physical custody of the child's parent or legal guardian unless the court finds that the return of the child would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. If the child is not ordered returned at the permanency hearing, existing law allows the court to continue the case for up to 6 months, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of the child's parent or legal guardian, if the court finds that there is a substantial probability that the child will be returned to the parent or legal guardian and safely maintained in the home within the extended period of time. Existing law allows an additional extension of 6 months, provided that the permanency hearing occur within 24 months of the date the child was originally taken from the physical custody of the child's parent or legal guardian, if the court determines that the best interests of the child would be met by the provision of additional reunification services to a parent or legal guardian who is making significant and consistent progress in a court-ordered residential substance abuse treatment program, a parent who was either a minor parent or a nonminor dependent parent at the time of the initial hearing and is making significant and consistent progress in establishing a safe home for the child's return, or a parent recently discharged from incarceration, institutionalization, or the custody of the United States Department of Homeland Security and is making significant and consistent progress in establishing a safe home for the child's return. This bill would additionally allow this extension to apply in the case of a parent whose child cannot be returned solely due to the lack of emergency shelter for the family. Existing law provides the procedure for permanently terminating parental rights with regard to, or establishing legal guardianship of, a child who has been adjudged a dependent child of the juvenile court. Existing law provides that a finding that reunification services shall not be offered, that the whereabouts of a parent have been unknown for 6 months or that the parent has failed to visit or contact the child for 6 months, that the parent has been convicted of a felony indicating parental unfitness, or that the court has continued to remove the child from the custody of the parent or guardian and has terminated reunification services, constitutes a sufficient basis for termination of parental rights. Existing law requires the court to terminate parental rights unless the court finds compelling reasons for determining that termination would be detrimental to the child due to specified circumstances. This bill would make it a compelling reason for determining that termination of parental rights would be detrimental to the child for these purposes if the court has previously found at a 24-month permanency review hearing that the only reason the child could not be returned to a parent's custody was due to the parent's lack of emergency shelter for the family. To the extent this bill would impose additional duties on county social workers and child welfare agencies, this bill would impose 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.