California 2009-2010 Regular Session Status: Enacted

AB 938 — Relative caregivers and foster parents.

Last action — Chaptered by Secretary of State - Chapter 261, Statutes of 2009.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 26, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law authorizes a social worker to take a child who is at risk of abuse or neglect into temporary custody under specified circumstances. Existing law requires the social worker to investigate the circumstances of the child and the facts surrounding the taking of the child into custody. Existing law requires that the social worker immediately release the child to the custody of the child's parent or guardian, or other responsible relative, except under certain conditions. If the child is not released to the custody of his or her parent or guardian, the child is deemed to be detained, and a detention hearing must be conducted before the expiration of the next judicial day after a petition to declare the minor a dependent child of the juvenile court has been filed. This bill would require a social worker, when a child is removed from the home, to conduct, within 30 days, an investigation, as specified, in order to identify and locate all grandparents, adult siblings, and other adult relatives of the child, in order to provide, except when that relative's history of family or domestic violence makes notification inappropriate, those persons with specified information, including that the child has been removed from the custody of his or her parents or guardians and an explanation of various options to participate in the care and placement of the child, as specified, and to report to the court at the initial petition hearing regarding that effort. The bill would require the State Department of Social Services to develop the written notice providing that information to relatives. The bill would also require the Judicial Council to develop a relative information form, as specified. The form would provide information regarding the needs of the child, and would include a provision whereby the relative may request the permission of the court to address the court. The bill would require a social worker to provide that form, on and after January 1, 2011, to the adult relatives identified pursuant to the provision described above. By imposing new duties on social workers, the bill would impose a state-mandated local program. (2) Existing law authorizes a peace officer to take a minor into temporary custody without a warrant and to deliver that minor to a probation officer under specified circumstances. This bill would enact provisions similar to those described in paragraph (1) that would be applicable to minors who are taken into temporary custody and delivered to a probation officer. The bill would impose new duties on probation officers, similar to those imposed upon social workers, as described above in paragraph (1) , with respect to conducting an investigation to locate adult relatives and providing those relatives with specified information. These provisions would not, however, require probation officers to develop the relative information form or provide it to those relatives. By imposing new duties upon probation officers, this bill would impose a state-mandated local program. (3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 261, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 11:30 a.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 3370.)

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time, passed, and to Assembly. (Ayes 36. Noes 0. Page 2364.)

  7. Read second time. To third reading.

  8. Withdrawn from committee. Ordered placed on second reading file.

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  10. In committee: Held under submission.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  12. In committee: Placed on Appropriations suspense file.

  13. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 0.) (June 23).

  14. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S.

  15. Referred to Com. on HUMAN S.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 1963.)

  18. Read second time. To third reading.

  19. Read second time and amended. Ordered returned to second reading.

  20. From committee: Amend, and do pass as amended. (Ayes 13. Noes 0.) (May 28).

  21. In committee: Set, first hearing. Referred to APPR. suspense file.

  22. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (April 28).

  23. Re-referred to Com. on HUM. S.

  24. Read second time and amended.

  25. From committee: Amend, do pass as amended, and re-refer to Com. on HUM. S. (Ayes 9. Noes 0.) (April 14).

  26. Re-referred to Com. on JUD.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  28. Referred to Coms. on JUD. and HUM. S.

  29. From printer. May be heard in committee March 29.

  30. Read first time. To print.

Sponsors

  • Committee on Judiciary · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 938 JUD. Concurrence in Senate Amendments By FEUER

Passed 88 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 82003
Democratic 3000
Republican 3000
Total 88003
% of votes cast 97%0%0%3%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Charles — Yea
De — Yea
Leon — Yea
Adams — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
De — Not Voting
La — Not Voting
Torre — Not Voting
Eng — Yea
Feuer — Yea
Bass — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Torlakson — Yea
Emmerson — Yea
Coto — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB938 Committee on JUD. (Feuer) By Liu

Passed 37 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 35003
Democratic 1001
Republican 1000
Total 37004
% of votes cast 90%0%0%10%
How each member voted (41)
Member Party Vote
Yee — Yea
Alquist — Yea
Ashburn — Yea
Benoit — Yea
Hancock — Yea
Harman — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Cedillo — Not Voting
Cogdill — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wright — Yea
Corbett — Yea
Correa — Yea
Ducheny — Yea
Dutton — Yea
Aanestad — Yea
Kehoe — Yea
Maldonado — Not Voting
Oropeza — Not Voting
Simitian — Yea
Wolk — Yea
Wyland — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Kehoe — Yea
Runner — Yea
Corbett — Yea
Leno — Yea
Oropeza — Not Voting
Price — Yea
Walters — Yea
Wolk — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 938 JUD. Assembly Third Reading By FEUER

Passed 88 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 82004
Democratic 3000
Republican 3000
Total 88004
% of votes cast 96%0%0%4%
How each member voted (92)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Charles — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hall — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Krekorian — Yea
Lieu — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Bill — Not Voting
Ruskin — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Bass — Yea
Duvall — Not Voting
Villines — Yea
Adams — Yea
Anderson — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Huffman — Yea
Logue — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Price — Yea
Skinner — Yea
Solorio — Yea
Emmerson — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 18 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 16004
Democratic 1000
Republican 1000
Total 18004
% of votes cast 82%0%0%18%
How each member voted (22)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Hall — Yea
Krekorian — Yea
Duvall — Not Voting
Ammiano — Yea
Miller — Not Voting
Nielsen — Not Voting
Harkey — Not Voting
Price — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety housing civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 938 do?
(1) Existing law authorizes a social worker to take a child who is at risk of abuse or neglect into temporary custody under specified circumstances. Existing law requires the social worker to investigate the circumstances of the child and the facts surrounding the taking of the child into custody. Existing law requires that the social worker immediately release the child to the custody of the child's parent or guardian, or other responsible relative, except under certain conditions. If the child is not released to the custody of his or her parent or guardian, the child is deemed to be detained, and a detention hearing must be conducted before the expiration of the next judicial day after a petition to declare the minor a dependent child of the juvenile court has been filed. This bill would require a social worker, when a child is removed from the home, to conduct, within 30 days, an investigation, as specified, in order to identify and locate all grandparents, adult siblings, and other adult relatives of the child, in order to provide, except when that relative's history of family or domestic violence makes notification inappropriate, those persons with specified information, including that the child has been removed from the custody of his or her parents or guardians and an explanation of various options to participate in the care and placement of the child, as specified, and to report to the court at the initial petition hearing regarding that effort. The bill would require the State Department of Social Services to develop the written notice providing that information to relatives. The bill would also require the Judicial Council to develop a relative information form, as specified. The form would provide information regarding the needs of the child, and would include a provision whereby the relative may request the permission of the court to address the court. The bill would require a social worker to provide that form, on and after January 1, 2011, to the adult relatives identified pursuant to the provision described above. By imposing new duties on social workers, the bill would impose a state-mandated local program. (2) Existing law authorizes a peace officer to take a minor into temporary custody without a warrant and to deliver that minor to a probation officer under specified circumstances. This bill would enact provisions similar to those described in paragraph (1) that would be applicable to minors who are taken into temporary custody and delivered to a probation officer. The bill would impose new duties on probation officers, similar to those imposed upon social workers, as described above in paragraph (1) , with respect to conducting an investigation to locate adult relatives and providing those relatives with specified information. These provisions would not, however, require probation officers to develop the relative information form or provide it to those relatives. By imposing new duties upon probation officers, this bill would impose a state-mandated local program. (3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors AB 938?
AB 938 is sponsored by Committee on Judiciary.
What is the current status of AB 938?
This bill has been enacted into law. Introduced February 26, 2009. Enacted.
Where can I track AB 938?
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