SB 1021

Bill Subjects

Abstract

Existing law establishes procedures for an initial petition hearing by the juvenile court if a child is being taken into temporary custody. Existing law requires a social worker to report to the court the reasons the child was removed from the parent's, guardian's, or Indian custodian's physical custody and the need, if any, for continued detention, available services, and if there are any relatives who are willing and able to take temporary physical custody of the child. Under existing law, if the court orders a child detained, the court shall state the facts upon which the determination was made and, among other things, order services to be provided as soon as possible to reunify the child and their family, if appropriate. Existing law requires an order to place a child in foster care to provide for visitation between the child and the parent or guardian as frequently as possible, consistent with the well-being of the child. This bill would, in the event a court orders a child detained, prohibit the court from restricting visitation between a parent and child any more than necessary to ensure the child's safety and well-being and would specify facts that do not constitute a basis for requiring supervised visits, including the fact that a parent was previously a noncustodial parent of the child. The bill would, if a court orders a child into foster care, require the court to consider specified factors in making a visitation plan, including the quality and length of an established parent-child relationship, the age of the child, and the flight risk posed by a parent or child.