SB 438 is sponsored by Cervantes, Sabrina (Democratic), Roth, and Waldron.

Where can I track SB 438?

Track SB 438 free on One Click Politics — get push/email alerts when it moves.

California 2017-2018 Regular Session Status: Enacted 1 D cosponsors

SB 438 — Juveniles: legal guardianship: successor guardian.

Last action September 26, 2017 — Chaptered by Secretary of State. Chapter 307, Statutes of 2017.

✓
Introduced
✓
In Committee
✓
Passed Senate
✓
Passed Assembly
✓
To Executive
6
Enacted

This bill has been enacted into law. Introduced February 15, 2017. Enacted.

Prognosis

Likely to advance 76% · 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.
3 sponsors

1 primary, 2 co-sponsors signed on.
Single-party support

Sponsorship is currently within one party (1 D).
Cleared a recorded vote

Passed 9 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

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 his or her parents or guardian, and establishes procedures to determine the temporary and permanent placement of a dependent child. Whenever a court orders a hearing to terminate parental rights to, or to establish legal guardianship of, a dependent child to be held, existing law requires the court to direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment and requires this assessment to include, among other things, a preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, as specified. Existing law authorizes the court under specified circumstances to hold a hearing to determine whether parental rights should be permanently terminated, and requires the court, after reviewing the assessment described above, to make findings and orders in a specified order of preference regarding the permanent placement of the child, including appointment of a relative or nonrelative legal guardian. If the court finds that legal guardianship is the appropriate permanent plan, existing law requires the court to appoint the legal guardian and issue letters of guardianship. Existing law requires the court, prior to the appointment of a guardian for the child, to read and consider the assessment described above. This bill would authorize the assessment of a legal guardian described above to also include the naming of a prospective successor guardian if one is identified. The bill, in the event of the incapacity or death of an appointed guardian, would authorize the named successor guardian to be assessed and appointed pursuant to the existing procedures that govern the appointment of a legal guardian. This bill would incorporate additional changes to Section 366.26 of the Welfare and Institutions Code proposed by AB 976 to be operative only if this bill and AB 976 are enacted and this bill is enacted last.

Bill Text

Chaptered 09/26/17 - Chaptered Current pdf September 26, 2017
Enrolled 09/08/17 - Enrolled pdf September 08, 2017
Amended 08/28/17 - Amended Assembly pdf August 28, 2017
Amended 04/20/17 - Amended Senate pdf April 20, 2017
Introduced 02/15/17 - Introduced pdf February 15, 2017
SB438 View text html

Action History

September 26, 2017
Chaptered by Secretary of State. Chapter 307, Statutes of 2017.
September 26, 2017
Approved by the Governor.
September 12, 2017
Enrolled and presented to the Governor at 3 p.m.
September 07, 2017
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2583.) Ordered to engrossing and enrolling.
September 06, 2017
Ordered to special consent calendar.
September 05, 2017
In Senate. Concurrence in Assembly amendments pending.
September 05, 2017
Read third time. Passed. (Ayes 76. Noes 0. Page 2965.) Ordered to the Senate.
August 28, 2017
Ordered to third reading.
August 28, 2017
Read third time and amended.
August 21, 2017
Ordered to third reading.
August 21, 2017
Action rescinded whereby the bill was read a third time, passed, and ordered to the Senate.
July 20, 2017
In Assembly. Held at Desk.
July 20, 2017
Ordered to the Assembly.
July 20, 2017
Withdrawn from engrossing and enrolling.
July 06, 2017
In Senate. Ordered to engrossing and enrolling.
July 06, 2017
Read third time. Passed. (Ayes 74. Noes 0. Page 2474.) Ordered to the Senate.
June 29, 2017
Read second time. Ordered to consent calendar.
June 28, 2017
From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (June 28).
June 20, 2017
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (June 20). Re-referred to Com. on APPR.
June 14, 2017
From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 6. Noes 0.) (June 13). Re-referred to Com. on JUD.
June 01, 2017
Referred to Coms. on HUM. S. and JUD.
May 16, 2017
In Assembly. Read first time. Held at Desk.
May 15, 2017
Read third time. Passed. (Ayes 39. Noes 0. Page 1073.) Ordered to the Assembly.
May 09, 2017
Read second time. Ordered to consent calendar.
May 08, 2017
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
May 04, 2017
Set for hearing May 15.
May 03, 2017
May 8 hearing postponed by committee.
May 01, 2017
Set for hearing May 8.
April 20, 2017
Read second time and amended. Re-referred to Com. on APPR.
April 19, 2017
From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 746.) (April 18).
April 07, 2017
Set for hearing April 18.
April 05, 2017
From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 4. Noes 0. Page 625.) (April 4). Re-referred to Com. on JUD.
March 01, 2017
Set for hearing April 4.
February 23, 2017
Referred to Coms. on HUMAN S. and JUD.
February 16, 2017
From printer. May be acted upon on or after March 18.
February 15, 2017
Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

Roth

Co-sponsors (2)

Cervantes, Sabrina Democratic
Waldron

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

Special Consent Calendar # SB438

September 07, 2017

Passed 40 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Unaffiliated	35	0	0	0
Democratic	5	0	0	0
Total	40	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (40)

Member	Party	Vote
Anderson	—	Yea
Bates	—	Yea
Bradford	—	Yea
Hill	—	Yea
Moorlach	—	Yea
Skinner	—	Yea
Vidak	—	Yea
Fuller	—	Yea
Glazer	—	Yea
Galgiani	—	Yea
Allen	—	Yea
Cannella	—	Yea
De León	—	Yea
Portantino	—	Yea
Atkins	—	Yea
Mitchell	—	Yea
Hernandez	—	Yea
Hertzberg	—	Yea
Hueso	—	Yea
Beall	—	Yea
Dodd	—	Yea
Lara	—	Yea
Leyva	—	Yea
Mendoza	—	Yea
Monning	—	Yea
Morrell	—	Yea
Newman	—	Yea
Nielsen	—	Yea
Pan	—	Yea
Roth	—	Yea
Wieckowski	—	Yea
Wilk	—	Yea
Beth Gaines	—	Yea
Bill Berryhill	—	Yea
Mark Stone	—	Yea
Jackson, Corey A.	Democratic	Yea
McGuire, Mike	Democratic	Yea
Nguyen, Stephanie	Democratic	Yea
Stern, Henry I.	Democratic	Yea
Wiener, Scott D.	Democratic	Yea

Official roll call →

SB 438 Roth Senate Third Reading By CERVANTES

September 05, 2017

Passed 76 Yea · 0 Nay · 3 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	55	0	0	3
Democratic	15	0	0	0
Republican	6	0	0	0
Total	76	0	0	3
% of votes cast	96%	0%	0%	4%

How each member voted (79)

Member	Party	Vote
Acosta	—	Yea
Baker	—	Yea
Bloom	—	Yea
Brough	—	Yea
Harper	—	Yea
Jones-Sawyer	—	Yea
Maienschein	—	Yea
Mathis	—	Yea
Mullin	—	Yea
Obernolte	—	Yea
Thurmond	—	Yea
Ting	—	Yea
Waldron	—	Yea
Chávez	—	Yea
Eggman	—	Yea
Cunningham	—	Yea
Dababneh	—	Yea
Daly	—	Yea
Friedman	—	Yea
Gloria	—	Yea
Frazier	—	Yea
Holden	—	Yea
Rubio	—	Yea
Salas	—	Yea
Bocanegra	—	Yea
Burke	—	Yea
Fong	—	Yea
Gray	—	Yea
Low	—	Yea
Mayes	—	Yea
Chau	—	Yea
Gonzalez Fletcher	—	Yea
Bigelow	—	Yea
Chiu	—	Yea
Chu	—	Yea
Cooper	—	Yea
McCarty	—	Yea
Medina	—	Yea
Melendez	—	Yea
Nazarian	—	Yea
O'Donnell	—	Yea
Quirk	—	Yea
Rendon	—	Yea
Santiago	—	Yea
Voepel	—	Yea
Weber	—	Yea
Wood	—	Yea
Kiley	—	Yea
Levine	—	Yea
Cooley	—	Yea
Ridley-Thomas	—	Not Voting
Rodriguez	—	Yea
Steinorth	—	Not Voting
Cristina Garcia	—	Yea
Eduardo Garcia	—	Not Voting
Jim Patterson	—	Yea
Mark Stone	—	Yea
Travis Allen	—	Yea
Aguiar-Curry, Cecilia M.	Democratic	Yea
Arambula, Joaquin	Democratic	Yea
Berman, Marc	Democratic	Yea
Bonta, Mia	Democratic	Yea
Caballero, Anna M.	Democratic	Yea
Calderon, Lisa	Democratic	Yea
Cervantes, Sabrina	Democratic	Yea
Gipson, Mike A.	Democratic	Yea
Grayson, Timothy S.	Democratic	Yea
Irwin, Jacqui	Democratic	Yea
Kalra, Ash	Democratic	Yea
Limón, Monique	Democratic	Yea
Muratsuchi, Al	Democratic	Yea
Quirk-Silva, Sharon	Democratic	Yea
Reyes, Eloise Gómez	Democratic	Yea
Chen, Phillip	Republican	Yea
Choi, Steven S.	Republican	Yea
Dahle, Megan	Republican	Yea
Flora, Heath	Republican	Yea
Gallagher, James	Republican	Yea
Lackey, Tom	Republican	Yea

Official roll call →

SB 438 Roth Consent Calendar Second Day

July 06, 2017

Passed 74 Yea · 0 Nay · 6 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	55	0	0	4
Democratic	14	0	0	1
Republican	5	0	0	1
Total	74	0	0	6
% of votes cast	93%	0%	0%	8%

How each member voted (80)

Member	Party	Vote
Acosta	—	Yea
Baker	—	Yea
Bloom	—	Yea
Brough	—	Yea
Harper	—	Yea
Jones-Sawyer	—	Yea
Maienschein	—	Yea
Mathis	—	Yea
Obernolte	—	Yea
Rendon	—	Yea
Ridley-Thomas	—	Yea
Steinorth	—	Yea
Waldron	—	Yea
Eggman	—	Yea
Cooley	—	Yea
Cunningham	—	Yea
Dababneh	—	Not Voting
Daly	—	Yea
Friedman	—	Yea
Gomez	—	Yea
Frazier	—	Yea
Gloria	—	Yea
Rubio	—	Yea
Holden	—	Yea
Salas	—	Yea
Burke	—	Yea
Fong	—	Yea
Low	—	Yea
Bigelow	—	Yea
Chau	—	Yea
Chiu	—	Yea
Chu	—	Yea
Chávez	—	Yea
Cooper	—	Yea
Mayes	—	Yea
Medina	—	Yea
Melendez	—	Yea
Mullin	—	Yea
Nazarian	—	Yea
O'Donnell	—	Yea
Quirk	—	Yea
Santiago	—	Yea
Thurmond	—	Yea
Voepel	—	Yea
Weber	—	Yea
Wood	—	Yea
Gonzalez Fletcher	—	Yea
Bocanegra	—	Not Voting
Gray	—	Not Voting
Kiley	—	Yea
Levine	—	Yea
McCarty	—	Not Voting
Rodriguez	—	Yea
Ting	—	Yea
Cristina Garcia	—	Yea
Eduardo Garcia	—	Yea
Jim Patterson	—	Yea
Mark Stone	—	Yea
Travis Allen	—	Yea
Aguiar-Curry, Cecilia M.	Democratic	Yea
Arambula, Joaquin	Democratic	Yea
Berman, Marc	Democratic	Yea
Bonta, Mia	Democratic	Yea
Caballero, Anna M.	Democratic	Yea
Calderon, Lisa	Democratic	Not Voting
Cervantes, Sabrina	Democratic	Yea
Gipson, Mike A.	Democratic	Yea
Grayson, Timothy S.	Democratic	Yea
Irwin, Jacqui	Democratic	Yea
Kalra, Ash	Democratic	Yea
Limón, Monique	Democratic	Yea
Muratsuchi, Al	Democratic	Yea
Quirk-Silva, Sharon	Democratic	Yea
Reyes, Eloise Gómez	Democratic	Yea
Chen, Phillip	Republican	Yea
Choi, Steven S.	Republican	Yea
Dahle, Megan	Republican	Yea
Flora, Heath	Republican	Yea
Gallagher, James	Republican	Yea
Lackey, Tom	Republican	Not Voting

Official roll call →

Do pass. To Consent Calendar.

June 28, 2017

Passed 14 Yea · 0 Nay · 3 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	9	0	0	3
Democratic	4	0	0	0
Republican	1	0	0	0
Total	14	0	0	3
% of votes cast	82%	0%	0%	18%

How each member voted (17)

Member	Party	Vote
Bigelow	—	Yea
Bloom	—	Yea
Brough	—	Not Voting
Obernolte	—	Yea
Eggman	—	Yea
Friedman	—	Yea
Gonzalez Fletcher	—	Yea
Bocanegra	—	Yea
Fong	—	Yea
Gray	—	Not Voting
Chau	—	Yea
Eduardo Garcia	—	Not Voting
Bonta, Mia	Democratic	Yea
Limón, Monique	Democratic	Yea
Muratsuchi, Al	Democratic	Yea
Reyes, Eloise Gómez	Democratic	Yea
Gallagher, James	Republican	Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

June 20, 2017

Passed 11 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Unaffiliated	9	0	0	0
Democratic	2	0	0	0
Total	11	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (11)

Member	Party	Vote
Maienschein	—	Yea
Cunningham	—	Yea
Chau	—	Yea
Chiu	—	Yea
Holden	—	Yea
Kiley	—	Yea
Ting	—	Yea
Cristina Garcia	—	Yea
Mark Stone	—	Yea
Kalra, Ash	Democratic	Yea
Reyes, Eloise Gómez	Democratic	Yea

Official roll call →

Do pass and be re-referred to the Committee on [Judiciary] with recommendation: To Consent Calendar

June 13, 2017

Passed 6 Yea · 0 Nay · 1 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	3	0	0	1
Democratic	2	0	0	0
Republican	1	0	0	0
Total	6	0	0	1
% of votes cast	86%	0%	0%	14%

How each member voted (7)

Member	Party	Vote
Maienschein	—	Not Voting
Rubio	—	Yea
Thurmond	—	Yea
Mark Stone	—	Yea
Arambula, Joaquin	Democratic	Yea
Reyes, Eloise Gómez	Democratic	Yea
Choi, Steven S.	Republican	Yea

Official roll call →

Consent Calendar 2nd SB438

May 15, 2017

Passed 39 Yea · 0 Nay · 1 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	34	0	0	1
Democratic	5	0	0	0
Total	39	0	0	1
% of votes cast	98%	0%	0%	3%

How each member voted (40)

Member	Party	Vote
Anderson	—	Yea
Beall	—	Yea
Hernandez	—	Yea
Morrell	—	Yea
Nielsen	—	Yea
Roth	—	Yea
Vidak	—	Not Voting
Fuller	—	Yea
Cannella	—	Yea
Galgiani	—	Yea
Glazer	—	Yea
Hertzberg	—	Yea
Hill	—	Yea
Allen	—	Yea
De León	—	Yea
Dodd	—	Yea
Portantino	—	Yea
Atkins	—	Yea
Mitchell	—	Yea
Hueso	—	Yea
Lara	—	Yea
Leyva	—	Yea
Bates	—	Yea
Bradford	—	Yea
Mendoza	—	Yea
Monning	—	Yea
Moorlach	—	Yea
Newman	—	Yea
Pan	—	Yea
Skinner	—	Yea
Wieckowski	—	Yea
Wilk	—	Yea
Beth Gaines	—	Yea
Bill Berryhill	—	Yea
Mark Stone	—	Yea
Jackson, Corey A.	Democratic	Yea
McGuire, Mike	Democratic	Yea
Nguyen, Stephanie	Democratic	Yea
Stern, Henry I.	Democratic	Yea
Wiener, Scott D.	Democratic	Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar

April 18, 2017

Passed 7 Yea · 0 Nay

Party	Yea	Nay	Present	Not Voting
Unaffiliated	5	0	0	0
Democratic	2	0	0	0
Total	7	0	0	0
% of votes cast	100%	0%	0%	0%

How each member voted (7)

Member	Party	Vote
Anderson	—	Yea
Monning	—	Yea
Wieckowski	—	Yea
Hertzberg	—	Yea
Moorlach	—	Yea
Jackson, Corey A.	Democratic	Yea
Stern, Henry I.	Democratic	Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Judiciary] with the recommendation: To Consent Calendar

April 04, 2017

Passed 4 Yea · 0 Nay · 1 Other

Party	Yea	Nay	Present	Not Voting
Democratic	2	0	0	0
Unaffiliated	2	0	0	1
Total	4	0	0	1
% of votes cast	80%	0%	0%	20%

How each member voted (5)

Member	Party	Vote
Glazer	—	Yea
Newman	—	Yea
Bill Berryhill	—	Not Voting
Nguyen, Stephanie	Democratic	Yea
Wiener, Scott D.	Democratic	Yea

Official roll call →

Subjects

public-safety housing civil-rights

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 SB 438 do?: 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 his or her parents or guardian, and establishes procedures to determine the temporary and permanent placement of a dependent child. Whenever a court orders a hearing to terminate parental rights to, or to establish legal guardianship of, a dependent child to be held, existing law requires the court to direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment and requires this assessment to include, among other things, a preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, as specified. Existing law authorizes the court under specified circumstances to hold a hearing to determine whether parental rights should be permanently terminated, and requires the court, after reviewing the assessment described above, to make findings and orders in a specified order of preference regarding the permanent placement of the child, including appointment of a relative or nonrelative legal guardian. If the court finds that legal guardianship is the appropriate permanent plan, existing law requires the court to appoint the legal guardian and issue letters of guardianship. Existing law requires the court, prior to the appointment of a guardian for the child, to read and consider the assessment described above. This bill would authorize the assessment of a legal guardian described above to also include the naming of a prospective successor guardian if one is identified. The bill, in the event of the incapacity or death of an appointed guardian, would authorize the named successor guardian to be assessed and appointed pursuant to the existing procedures that govern the appointment of a legal guardian. This bill would incorporate additional changes to Section 366.26 of the Welfare and Institutions Code proposed by AB 976 to be operative only if this bill and AB 976 are enacted and this bill is enacted last.
Who sponsors SB 438?: SB 438 is sponsored by Cervantes, Sabrina (Democratic), Roth, and Waldron.
What is the current status of SB 438?: This bill has been enacted into law. Introduced February 15, 2017. Enacted.
Where can I track SB 438?: Track SB 438 free on One Click Politics — get push/email alerts when it moves.

Keep track of this bill

Add this bill to your alerts and we'll email you when it moves — or keep it on a watchlist and see it in your weekly digest.

Create a free account →

At a glance

Identifier: SB 438
Jurisdiction: California
Session: 2017-2018 Regular Session
Type: Bill
Introduced: February 15, 2017
Status: Enacted
Prime sponsor: Roth

Make your voice heard on SB 438

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 438

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →