AB 260 — Guardianships.

Summary

Existing law establishes the jurisdiction of the juvenile court, under which a minor may be adjudged to be a dependent of the court if the minor has been abused or neglected, as specified. Existing law authorizes the juvenile court to order a legal guardianship, appoint a legal guardian, or issue letters of guardianship with respect to a minor adjudged to be a dependent. Existing law also authorizes a social worker to undertake a program of supervision of the minor in lieu of filing a dependency petition with the juvenile court, with the consent of the minor's parent or guardian. Existing law requires the Judicial Council to prepare a pamphlet in dependency cases that assists potential legal guardians with understanding their rights, duties, and obligations as a guardian of a minor. Existing law, the Guardianship-Conservatorship Law, authorizes a probate court, upon hearing of a petition by a parent, relative, or other person, to appoint a guardian of a minor in accordance with specified provisions of law governing the custody of a minor child. Existing law authorizes a court hearing a guardianship petition, if the proposed ward is or may be abused or neglected, to refer the matter to the local child welfare services agency to initiate an investigation to determine whether proceedings in juvenile court should be commenced. This bill would revise the probate court guardianship process by requiring, among other things, the probate court to have good cause to waive the investigation and prohibiting the probate court from hearing and determining the petition to appoint a guardian until the child welfare agency has completed its investigation and submitted its report to the probate court. The bill would instead require the Judicial Council to develop a form for use in both dependency cases and probate guardianships that assists potential legal guardians with understanding their rights, duties, and obligations as a guardian of a minor, and additionally provides information about the services and supports available to a probate guardian and how they differ from the services and supports available to a caregiver in the child welfare system or a guardian appointed by the juvenile court. Existing law requires a proceeding in the juvenile court to declare a child to be a dependent child of the court to be commenced by a social worker's filing of a petition with the court. Under existing law, if a person applies to a social worker to commence juvenile court proceedings and the social worker fails to file a petition within 3 weeks after the application, the person may, within one month after making the application, apply to the juvenile court to review the decision of the social worker, and the court may either affirm the decision of the social worker or order the social worker to commence juvenile court proceedings. If the probate court has referred a matter to juvenile court, this bill would require the social worker to immediately investigate and to report the findings and conclusions of the investigation to the probate court. When a probate court has referred a matter to the child welfare agency, the bill would authorize the probate court or appointed counsel, within one month after the referral, to request that the juvenile court review the decision of the social worker not to file a petition and would authorize the juvenile court to either affirm the decision of the social worker or, if the juvenile court finds that the child is, prima facie, a dependent child of the court, to order the social worker to commence juvenile court proceedings. By imposing a higher level of service on county officials, this 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

• Chaptered 10/06/21 - Chaptered Current pdf October 06, 2021
• Enrolled 09/13/21 - Enrolled pdf September 13, 2021
• Amended 08/31/21 - Amended Senate pdf August 31, 2021
• Amended 08/26/21 - Amended Senate pdf August 26, 2021
• Amended 06/21/21 - Amended Senate pdf June 21, 2021
• Amended 05/28/21 - Amended Senate pdf May 28, 2021
• Introduced 01/15/21 - Introduced pdf January 15, 2021
• AB260 View text html

Action History

1. October 06, 2021

   Chaptered by Secretary of State - Chapter 578, Statutes of 2021.

2. October 06, 2021

   Approved by the Governor.

3. September 17, 2021

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

4. September 09, 2021

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2985.).

5. September 08, 2021

   In Assembly. Concurrence in Senate amendments pending.

6. September 08, 2021

   Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2492.).

7. September 01, 2021

   Read second time. Ordered to third reading.

8. August 31, 2021

   Read third time and amended. Ordered to second reading.

9. August 30, 2021

   Read second time. Ordered to third reading.

10. August 26, 2021

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

11. August 26, 2021

    From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 26).

12. August 16, 2021

    In committee: Referred to suspense file.

13. July 07, 2021

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 6). Re-referred to Com. on APPR.

14. June 21, 2021

    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. June 16, 2021

    From committee: Do pass and re-refer to Com. on HUMAN S. (Ayes 10. Noes 0.) (June 15). Re-referred to Com. on HUMAN S.

16. May 28, 2021

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

17. May 27, 2021

    Referred to Coms. on JUD. and HUMAN S.

18. May 13, 2021

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

19. May 13, 2021

    Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1407.)

20. May 06, 2021

    Read second time. Ordered to Consent Calendar.

21. May 05, 2021

    From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 5).

22. April 22, 2021

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 21). Re-referred to Com. on APPR.

23. March 23, 2021

    From committee: Do pass and re-refer to Com. on HUM. S. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (March 23). Re-referred to Com. on HUM. S.

24. January 28, 2021

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

25. January 16, 2021

    From printer. May be heard in committee February 15.

26. January 15, 2021

    Read first time. To print.

Sponsors

• Mark Stone · Primary

Votes

Subjects