Bill Text: CA AB2580 | 2015-2016 | Regular Session | Amended
Bill Title: Foster care: placements.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB2580 Detail]
Download: California-2015-AB2580-Amended.html
BILL NUMBER: AB 2580 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 13, 2016
AMENDED IN ASSEMBLY APRIL 18, 2016
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Olsen
( Coauthor: Assembly Member
Williams )
( Coauthor: Senator Runner
)
FEBRUARY 19, 2016
An act to amend Section 290.1 of, and to add Section
16010.7 to to, the Welfare and
Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2580, as amended, Olsen. Foster care: placements.
Existing law finds and declares that foster parents are one of the
most important sources of information about the children in their
care and that courts should know, at the earliest possible date, the
interest of a caretaker in providing legal permanency for a child.
Existing law authorizes the juvenile court to adjudge a minor who
has been abused or neglected, or who meets other specified criteria,
to be a dependent child of the court. Existing law requires the court
to conduct various hearings regarding children who are, or who may
become, dependent children. Existing law requires the probation
officer or the social worker to provide notice of those hearings to
certain persons, including parents, guardians, the child if he or she
is 10 years of age or older, adult relatives under certain
conditions, and attorneys for the parents or guardians, as specified.
This bill would authorize a caregiver, if a foster child is
removed from his or her care in order to reunify with his or her
parent or guardian, to indicate indicate, in
writing, to the child's social worker that he or she is
interested in providing and willing to provide care for the child in
the future if the child is in need of foster care placement.
placement and would require the caregiver to provide
contact information, as specified. The bill would also require the
probation officer or social worker to provide notice of a
hearing, if the probation officer or social worker determines that
the child will be retained in custody, to a caregiver who indicated
that he or she was interested in providing and willing to provide
care for the child in the future. By imposing new duties on probation
officers and social workers, the bill would create 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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 290.1 of the Welfare
and Institutions Code , as amended by Section 1 of Chapter
219 of the Statutes of 2015, is amended to read:
290.1. If the probation officer or social worker determines that
the child shall be retained in custody, he or she shall immediately
file a petition pursuant to Section 332 with the clerk of the
juvenile court, who shall set the matter for hearing on the detention
hearing calendar. The probation officer or social worker shall serve
notice as prescribed in this section.
(a) Notice shall be given to the following persons whose
whereabouts are known or become known prior to the initial petition
hearing:
(1) The mother.
(2) The father or fathers, presumed and alleged.
(3) The legal guardian or guardians.
(4) The child, if the child is 10 years of age or older.
(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
(6) The caregiver who cared for the child in a foster home in
which a child has been placed before an interruption of the foster
care placement if the caregiver indicated, to the social worker, his
or her willingness to care for the child in the future pursuant to
Section 16010.7.
(6)
(7) If there is no parent or guardian residing in
California, or if the residence is unknown, then to any adult
relative residing within the county, or, if none, the adult relative
residing nearest the court.
(7)
(8) The attorney for the parent or parents, or legal
guardian or guardians.
(8)
(9) The district attorney, if the district attorney has
notified the clerk of the court that he or she wishes to receive the
petition, containing the time, date, and place of the hearing.
(9)
(10) The probate department of the superior court that
appointed the guardian, if the child is a ward of a guardian
appointed pursuant to the Probate Code.
(b) No notice is required for a parent whose parental rights have
been terminated.
(c) The notice shall be given as soon as possible after the filing
of the petition.
(d) The notice of the initial petition hearing shall include all
of the following:
(1) The date, time, and place of the hearing.
(2) The name of the child.
(3) A copy of the petition.
(e) Service of the notice shall be written or oral. If the person
being served cannot read, notice shall be given orally. Except as
provided in subdivisions (f), (g), and (h), written notice may be
served by electronic mail if the county, or city and county, and the
court choose to permit service by electronic mail and the person to
be served has consented to service by electronic mail by signing
Judicial Council Form EFS-005.
(f) If the probation officer or social worker knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.
(g) Except as provided in subdivision (h), if notice is required
to be provided to a child pursuant to paragraph (4) or (5) of
subdivision (a), written notice may be served on the child by
electronic mail only if all of the following requirements are
satisfied:
(1) The county, or city and county, and the court choose to permit
service by electronic mail.
(2) The child is 16 years of age or older.
(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.
(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form EFS-005.
(h) If notice is required to be provided to a child pursuant to
paragraph (4) or (5) of subdivision (a), written notice may be served
on the child by electronic mail as well as by regular mail if all of
the following requirements are satisfied:
(1) The county, or city and county, and the court choose to permit
service by electronic mail.
(2) The child is 14 or 15 years of age.
(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.
(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form EFS-005.
(i) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 2. Section 290.1 of the Welfare
and Institutions Code , as added by Section 2 of
Chapter 219 of the Statutes of 2015, is amended to read:
290.1. If the probation officer or social worker determines that
the child shall be retained in custody, he or she shall immediately
file a petition pursuant to Section 332 with the clerk of the
juvenile court, who shall set the matter for hearing on the detention
hearing calendar. The probation officer or social worker shall serve
notice as prescribed in this section.
(a) Notice shall be given to the following persons whose
whereabouts are known or become known prior to the initial petition
hearing:
(1) The mother.
(2) The father or fathers, presumed and alleged.
(3) The legal guardian or guardians.
(4) The child, if the child is 10 years of age or older.
(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
(6) The caregiver who cared for the child in a foster home in
which a child has been placed before an interruption of the foster
care placement if the caregiver indicated, to the social worker, his
or her willingness to care for the child in the future pursuant to
Section 16010.7.
(6)
(7) If there is no parent or guardian residing in
California, or if the residence is unknown, then to any adult
relative residing within the county, or, if none, the adult relative
residing nearest the court.
(7)
(8) The attorney for the parent or parents, or legal
guardian or guardians.
(8)
(9) The district attorney, if the district attorney has
notified the clerk of the court that he or she wishes to receive the
petition, containing the time, date, and place of the hearing.
(9)
(10) The probate department of the superior court that
appointed the guardian, if the child is a ward of a guardian
appointed pursuant to the Probate Code.
(b) No notice is required for a parent whose parental rights have
been terminated.
(c) The notice shall be given as soon as possible after the filing
of the petition.
(d) The notice of the initial petition hearing shall include all
of the following:
(1) The date, time, and place of the hearing.
(2) The name of the child.
(3) A copy of the petition.
(e) Service of the notice shall be written or oral. If the person
being served cannot read, notice shall be given orally.
(f) If the probation officer or social worker knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.
(g) This section shall become operative on January 1, 2019.
SECTION 1. SEC. 3. Section 16010.7
is added to the Welfare and Institutions Code, to read:
16010.7. (a) If a foster child is removed
from his or her caregiver in order to reunify with his or her parent
or guardian, the caregiver may indicate
indicate, in writing, to the child's social worker at the time
the child is removed from his or her care that the caregiver is
interested in providing and willing to provide care for the child in
the future if the child is removed from his or her parent or guardian
and in need of foster care placement.
(b) A caregiver indicating his or her interest pursuant to
subdivision (a) shall provide contact information where he or she may
be reached, including, but not limited to, phone numbers and home or
business addresses. The social worker shall place this information
in the child's case file.
SEC. 4. To the extent that this act has an overall
effect of increasing the costs already borne by a local agency for
programs or leve ls of service mandated by the 2011
Realignment Legislation within the meaning of Section 36 of Article
XIII of the California Constitution, it shall apply to local agencies
only to the extent that the state provides annual funding for the
cost increase. Any new program or higher level of service provided by
a local agency pursuant to this act above the level for which
funding has been provided shall not require a subvention of funds by
the state or otherwise be subject to Section 6 of Article
XIII B of the California Constitution.
