Bill Text: CA AB2344 | 2017-2018 | Regular Session | Amended
Bill Title: Juveniles: dependency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-03-19 - Re-referred to Com. on JUD. [AB2344 Detail]
Download: California-2017-AB2344-Amended.html
|
Amended
IN
Assembly
March 15, 2018 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 2344 |
| Introduced by Assembly Member Thurmond |
February 13, 2018 |
An act to amend Section 387 of the Welfare and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2344, as amended, Thurmond.
Juveniles: dependency.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge certain children to be dependents of the court under certain circumstances, including when the child is abused, a parent or guardian fails to adequately supervise or protect the child, as specified, or a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law requires an order changing or modifying a previous order by removing a child from the physical custody of a parent, guardian, relative, or friend, and directing placement in a foster home, or commitment to a private or county institution, to be made only after noticed hearing upon the filing of a supplemental petition.
This bill would make a technical, nonsubstantive change to that provision.
require the court, for a child who has been removed from the physical custody of a relative or friend as described above, to develop a process by which the child may be returned to the physical custody of the relative or friend and by which qualifying foster care payments may be continued, only if the court makes a finding that the home is suitable for the child’s return. To the extent that the bill would create new duties for the social worker in determining the suitability of the home and would create new duties for counties relating to foster care payments, the 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 387 of the Welfare and Institutions Code is amended to read:387.
(a) An order changing or modifying a previous order by removing a child from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private or county institution, shall be made only after noticed hearing upon a supplemental petition.(b) A supplemental petition shall be filed by the social worker in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the previous disposition has not been effective in the rehabilitation or protection of the child or, in the case of a placement with a relative, sufficient to show that the placement is not appropriate in view of the
criteria in Section 361.3.
(c) Notwithstanding subdivision (a), dependency jurisdiction shall be resumed for a child as to whom dependency jurisdiction has been suspended pursuant to Section 366.5 if the jurisdiction established pursuant to Section 601 or 602 is terminated and if, after the issuance of a joint assessment pursuant to Section 366.5, the court determines that the court’s dependency jurisdiction should be resumed.
(d) Upon the filing of the supplemental petition, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the social worker shall cause notice thereof to be served upon the persons and in the manner prescribed by Sections 290.1 and 291, except that service under this subdivision may be delivered by electronic
service pursuant to Section 212.5.
(e) An order for the detention of the child pending adjudication of the petition may be made only after a hearing is conducted pursuant to Article 7 (commencing with Section 305).
(f) For a child who has been removed from the physical custody of a relative or friend pursuant to subdivision (a), the court shall develop a process by which the child may be returned to the physical custody of the relative or friend and by which qualifying foster care payments may be continued, only if the court makes a finding that the home is suitable for the child’s return.
