California 2017-2018 Regular Session Status: Enacted

AB 1371 — Juveniles: ward, dependent, and nonminor dependent parents.

Last action — Chaptered by Secretary of State - Chapter 666, Statutes of 2017.

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  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 17, 2017. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 10 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 a child to be a dependent 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 authorizes a social worker to commence proceedings in the juvenile court to declare a child to be a dependent child of the court by the filing of a petition with the court. In any case in which a social worker, after investigation of an application for petition or other investigation, determines that a child is within the jurisdiction of the juvenile court or will probably soon be within the jurisdiction, existing law authorizes the social worker, in lieu of filing a petition or subsequent to dismissal of a petition already filed, and with the consent of the child's parent or guardian, to undertake a program of supervision of the child. If the parent is a dependent of the juvenile court at the time that a social worker seeks to undertake a program of supervision, and if counsel has been appointed for the parent, existing law prohibits the program of supervision from being undertaken until the parent has consulted with his or her counsel. This bill would make this prohibition applicable to a parent who is a nonminor dependent or ward of the juvenile court. The bill would require a ward, in cases when he or she is not represented by counsel appointed in a dependency proceeding, to be given the opportunity to confer with counsel appointed in the wardship proceeding or by counsel retained to represent the ward in the wardship proceeding. Existing law, in the case of a child for whom one or both minor parents have been adjudged to be dependent children of the juvenile court, authorizes family reunification services to be provided to the family of the dependent child under circumstances in which ordinarily those services would be denied and requires a party seeking an involuntary foster care placement of, or termination of parental rights over, a child born to a parent or parents who were minors at the time of the child's birth to demonstrate to the court that reasonable efforts were made to provide remedial services designed to prevent the removal from the minor parent or parents, and that these efforts have proved unsuccessful. This bill would extend the application of those services and requirements in the case of a child for whom one or both minor parents have been adjudged to be a ward of the court. The bill would also grant a parent who is a ward of the juvenile court or a dependent or nonminor dependent parent the right to consult with his or her legal counsel prior to a social worker or probation officer arranging any informal or formal custody agreement that includes a temporary or permanent voluntary relinquishment of custody by the parent or recommending that a nonparent seek legal guardianship of the child. The bill would require the social worker or probation officer to note in the case file whether the ward, dependent, or nonminor dependent parent consulted with legal counsel, or if the opportunity for consultation was provided and the consultation did not occur, then the reason that the consultation did not occur. By imposing additional duties on local entities under these circumstances, 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 666, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3426.).

  5. Ordered to special consent calendar.

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2909.).

  8. Ordered to special consent calendar.

  9. Read second time. Ordered to third reading.

  10. Read third time and amended. Ordered to second reading.

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 7. Noes 0.) (September 1).

  13. In committee: Referred to APPR. suspense file.

  14. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 11). Re-referred to Com. on APPR.

  15. Read second time and amended. Re-referred to Com. on JUD.

  16. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 27).

  17. Referred to Coms. on HUMAN S. and JUD.

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

  19. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1721.)

  20. Read second time. Ordered to Consent Calendar.

  21. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 17).

  22. Re-referred to Com. on APPR.

  23. Read second time and amended.

  24. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 25).

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

  26. Read second time and amended.

  27. From committee: Amend, and do pass as amended and re-refer to Com. on HUM. S. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (April 4).

  28. Re-referred to Com. on JUD.

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

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

  31. From printer. May be heard in committee March 21.

  32. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

Co-sponsors (1)

  • Maienschein

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 1371 Mark Stone Special Consent Calendar 1st Day

Passed 79 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 58000
Democratic 15000
Republican 6000
Total 79000
% of votes cast 100%0%0%0%
How each member voted (79)
Member Party Vote
Acosta — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Maienschein — Yea
Mayes — Yea
O'Donnell — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Eggman — Yea
Chau — Yea
Mathis — Yea
Medina — Yea
Santiago — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Fong — Yea
Salas — Yea
Friedman — Yea
Gray — Yea
Bocanegra — Yea
Harper — Yea
Rubio — Yea
Jones-Sawyer — Yea
Kiley — Yea
Levine — Yea
Low — Yea
McCarty — Yea
Melendez — Yea
Mullin — Yea
Baker — Yea
Bigelow — Yea
Nazarian — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Obernolte — Yea
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Ting — Yea
Voepel — Yea
Weber — Yea
Wood — Yea
Chávez — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Gloria — 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 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 →

Special Consent Calendar # AB1371

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 35000
Democratic 5000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hertzberg — Yea
Hill — Yea
Lara — Yea
Moorlach — Yea
Nielsen — Yea
Cannella — Yea
Dodd — Yea
Glazer — Yea
Hernandez — Yea
Portantino — Yea
Hueso — Yea
Mitchell — Yea
De León — Yea
Allen — Yea
Atkins — Yea
Leyva — Yea
Beall — Yea
Bradford — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Newman — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Wilk — Yea
Fuller — Yea
Galgiani — 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

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 1371 STONE Consent Calendar Second Day

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 53004
Democratic 16000
Republican 7000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Kiley — Yea
Low — Yea
Mathis — Yea
Melendez — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Not Voting
Weber — Yea
Eggman — Not Voting
Burke — Yea
Gonzalez Fletcher — Yea
Gloria — Yea
Chu — Yea
Salas — Yea
Cooley — Yea
Gray — Yea
Levine — Yea
Bocanegra — Yea
Mayes — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Voepel — Yea
Wood — Yea
Rubio — Yea
Friedman — Yea
Gomez — Yea
Harper — Yea
Jones-Sawyer — Yea
Chau — Not Voting
Maienschein — Yea
McCarty — Yea
Chiu — Yea
Chávez — Yea
O'Donnell — Yea
Obernolte — Yea
Ridley-Thomas — Yea
Waldron — Not Voting
Cooper — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Cristina Garcia — Yea
Eduardo Garcia — 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
Fong, Mike 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
Patterson, Joe Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 5000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Obernolte — Yea
Eggman — Yea
Levine — Yea
Gonzalez Fletcher — Yea
Quirk — Yea
Gray — Yea
Thurmond — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

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

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Republican 1000
Unaffiliated 4000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Maienschein — Yea
Gonzalez Fletcher — Yea
Rubio — Yea
Mark Stone — Yea
Arambula, Joaquin Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Choi, Steven S. Republican Yea

Official roll call →

Do pass as amended, and be re-referred to the Committee on [Human Services] with recommendation: To Consent Calendar

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 2000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Holden — Yea
Ting — Yea
Chau — Yea
Chiu — Yea
Kiley — Yea
Maienschein — Yea
Cunningham — Yea
Cristina Garcia — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Subjects

public-safety civil-rights labor
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Frequently asked questions

What does AB 1371 do?
Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent 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 authorizes a social worker to commence proceedings in the juvenile court to declare a child to be a dependent child of the court by the filing of a petition with the court. In any case in which a social worker, after investigation of an application for petition or other investigation, determines that a child is within the jurisdiction of the juvenile court or will probably soon be within the jurisdiction, existing law authorizes the social worker, in lieu of filing a petition or subsequent to dismissal of a petition already filed, and with the consent of the child's parent or guardian, to undertake a program of supervision of the child. If the parent is a dependent of the juvenile court at the time that a social worker seeks to undertake a program of supervision, and if counsel has been appointed for the parent, existing law prohibits the program of supervision from being undertaken until the parent has consulted with his or her counsel. This bill would make this prohibition applicable to a parent who is a nonminor dependent or ward of the juvenile court. The bill would require a ward, in cases when he or she is not represented by counsel appointed in a dependency proceeding, to be given the opportunity to confer with counsel appointed in the wardship proceeding or by counsel retained to represent the ward in the wardship proceeding. Existing law, in the case of a child for whom one or both minor parents have been adjudged to be dependent children of the juvenile court, authorizes family reunification services to be provided to the family of the dependent child under circumstances in which ordinarily those services would be denied and requires a party seeking an involuntary foster care placement of, or termination of parental rights over, a child born to a parent or parents who were minors at the time of the child's birth to demonstrate to the court that reasonable efforts were made to provide remedial services designed to prevent the removal from the minor parent or parents, and that these efforts have proved unsuccessful. This bill would extend the application of those services and requirements in the case of a child for whom one or both minor parents have been adjudged to be a ward of the court. The bill would also grant a parent who is a ward of the juvenile court or a dependent or nonminor dependent parent the right to consult with his or her legal counsel prior to a social worker or probation officer arranging any informal or formal custody agreement that includes a temporary or permanent voluntary relinquishment of custody by the parent or recommending that a nonparent seek legal guardianship of the child. The bill would require the social worker or probation officer to note in the case file whether the ward, dependent, or nonminor dependent parent consulted with legal counsel, or if the opportunity for consultation was provided and the consultation did not occur, then the reason that the consultation did not occur. By imposing additional duties on local entities under these circumstances, 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.
Who sponsors AB 1371?
AB 1371 is sponsored by Maienschein and Mark Stone.
What is the current status of AB 1371?
This bill has been enacted into law. Introduced February 17, 2017. Enacted.
Where can I track AB 1371?
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