AB 448

Bill Subjects

Abstract

(1) Existing law requires a county social worker to investigate the circumstances of each child taken into temporary custody by a peace officer under specified circumstances. Existing law requires the social worker to conduct an investigation, within 30 days of the child's removal, to identify and locate adult relatives of the child, as specified, and to provide them with a notification that the child has been removed from the custody of the child's parents, guardians, or Indian custodian, and an explanation of the various options to participate in the care and placement of the child. This bill would require the social worker to conduct the investigation to identify and locate adult relatives, immediately, and no later than 30 days, after the child has been taken into temporary custody. (2) 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. This bill would additionally require the social worker to report to the court what efforts, and in the case of an Indian child, the active efforts, as defined, and findings the social worker has made to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin. (3) Existing law provides that a child may be adjudged to be a dependent of the juvenile court because of abuse or neglect, and that after this determination, the court is required to hear evidence on the question of the proper disposition to be made of the child. Existing law requires that before determining the appropriate disposition, the court receive in evidence, among other things, the social study of the child made by the social worker and evaluation made by a child advocate appointed by the court. Existing law further prescribes the information that is required to be included in that social study or evaluation, including the appropriateness of any relative placement. Existing law requires the court to review the status of every dependent child in foster care no less frequently than once every 6 months and requires a supplemental report to be filed as part of that review. This bill would additionally require the social study, and any supplemental report, to include the efforts, and in the case of an Indian child, the active efforts, as defined, and findings that the social worker has made to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the name of those relatives or kin. The bill would also require the court, in conducting the periodic status review, to additionally determine whether the social worker has continued efforts, and in the case of an Indian child, the active efforts, as defined, to locate any relatives or kin who could provide family support or possible placement of the child and the names of those relatives or kin. (4) Existing law requires a probation officer, upon delivery of a minor who has been taken into temporary custody, to immediately investigate the circumstances of the minor and the facts surrounding the minor being taken into custody and to immediately release the minor to the custody of their parent, legal guardian, or responsible relative, including a grandparent, adult sibling, or other relative, unless evidence before the court demonstrates that continuance in the home is contrary to the child's welfare, as specified. This bill would additionally require that the probation officer, if it is known or there is reason to know the child is an Indian child, to search additionally for an extended family member, as defined, to whom the child may be released. The bill would define for the purpose of these provisions "sibling" as a person related to the child by blood, adoption, or affinity through common legal or biological parent. The bill would require the probation officer to document their efforts, and in the case of an Indian child, the active efforts, as defined, to locate any relatives or kin who could provide family support or possible placement for the child or nonminor dependent and the names of those relatives or kin. (5) By imposing additional duties on county officials, the bill would impose a state-mandate local program. (6) This bill would incorporate additional changes to Section 319 of the Welfare and Institutions Code proposed by AB 81 and SB 578 to be operative only if this bill and AB 81, this bill and SB 578, or all 3 bills are enacted and this bill is enacted last. (7) 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.