Angelique Ashby
- Democratic
- Senator
- District 8
Author
Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents of the court under certain circumstances, including when the child suffered or there is a substantial risk that the child will suffer serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of the child's parents or guardian. Existing law requires the court, at the initial petition hearing, to examine the child's parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence, and order the release of the child from custody unless a prima facie showing has been made that the child comes within the court's jurisdiction, the court finds that continuance in the parent's or guardian's home is contrary to the child's welfare, and any of a number of circumstances exist. Existing law requires the social worker to report to the court on the reasons why the child has been removed from the parent's, guardian's, or Indian custodian's physical custody, the need, if any, for continued detention, and the available services and the referral methods to those services that could facilitate the return of the child to the custody of the child's parents, among other things. This bill would require the social worker's report to also include information regarding the short-term and long-term harms to the child that may result from their removal, including the child's perspective on removal, the existing relationship between the child and members of the household, and the disruption to the child's schooling, social relationships, and physical or emotional health that may result from placement out of the home, and in the case of an Indian child, the child's connection to their tribe, extended family members, and tribal community. The bill would also require the social worker's report to include placement options, including an assessment of the least disruptive alternatives to returning the child to the custody of their parent, guardian, or Indian custodian, and other measures that may be taken to alleviate disruption and minimize the harms of removal. The bill would require the court to determine whether less disruptive alternatives to removal were considered, as specified. The bill would, if the court finds that removal is necessary, require the court to set forth, in a written order or on the record, the child's placement and the basis for its findings, whether the placement complies with specified placement preferences, and would require the court to include any orders necessary to alleviate any disruption or harm to the child resulting from removal. By imposing additional duties on counties, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 319 of the Welfare and Institutions Code proposed by AB 81 and AB 448 to be operative only if this bill and AB 81, this bill and AB 448, or all 3 bills are enacted and this bill is enacted last. 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.
Chaptered by Secretary of State. Chapter 618, Statutes of 2023.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2846.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 77. Noes 0. Page 3461.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 15. Noes 0.) (September 1).
August 23 set for first hearing. Placed on suspense file.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 11).
From committee: Do pass and re-refer to Com. on HUM. S. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (June 20). Re-referred to Com. on HUM. S.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 40. Noes 0. Page 1302.) Ordered to the Assembly.
Ordered to special consent calendar.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0. Page 1175.) (May 18).
Set for hearing May 18.
May 8 hearing: Placed on APPR suspense file.
Set for hearing May 8.
From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 877.) (April 24). Re-referred to Com. on APPR.
Set for hearing April 24.
Read second time and amended. Re-referred to Com. on HUMAN S.
From committee: Do pass as amended and re-refer to Com. on HUMAN S. with recommendation: To consent calendar. (Ayes 10. Noes 0. Page 687.) (April 11).
Set for hearing April 11.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From printer. May be acted upon on or after March 18.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB578 | HTML |
| 02/15/23 - Introduced | |
| 03/29/23 - Amended Senate | |
| 04/13/23 - Amended Senate | |
| 07/13/23 - Amended Assembly | |
| 09/01/23 - Amended Assembly | |
| 09/07/23 - Amended Assembly | |
| 09/19/23 - Enrolled | |
| 10/08/23 - Chaptered |
| Document | Format |
|---|---|
| 04/07/23- Senate Judiciary | |
| 04/21/23- Senate Human Services | |
| 05/05/23- Senate Appropriations | |
| 05/20/23- Sen. Floor Analyses | |
| 06/16/23- Assembly Judiciary | |
| 07/08/23- Assembly Human Services | |
| 08/21/23- Assembly Appropriations | |
| 09/05/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/07/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/14/23- Sen. Floor Analyses |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.