California 2023-2024 Regular Session Status: Enacted 2 D cosponsors

SB 578 — Juvenile court: dependents: removal.

Last action — Chaptered by Secretary of State. Chapter 618, Statutes of 2023.

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

This bill has been enacted into law. Introduced February 15, 2023. Enacted.

Signed by Governor Gavin Newsom (Democratic) on October 08, 2023.

Prognosis

Likely to advance 74% · 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.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • 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 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 the child's parents or guardian. Existing law requires the court, at the initial petition hearing, to examine the child's parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence, and order the release of the child from custody unless a prima facie showing has been made that the child comes within the court's jurisdiction, the court finds that continuance in the parent's or guardian's home is contrary to the child's welfare, and any of a number of circumstances exist. Existing law requires the social worker to report to the court on the reasons why the child has been removed from the parent's, guardian's, or Indian custodian's physical custody, the need, if any, for continued detention, and the available services and the referral methods to those services that could facilitate the return of the child to the custody of the child's parents, among other things. This bill would require the social worker's report to also include information regarding the short-term and long-term harms to the child that may result from their removal, including the child's perspective on removal, the existing relationship between the child and members of the household, and the disruption to the child's schooling, social relationships, and physical or emotional health that may result from placement out of the home, and in the case of an Indian child, the child's connection to their tribe, extended family members, and tribal community. The bill would also require the social worker's report to include placement options, including an assessment of the least disruptive alternatives to returning the child to the custody of their parent, guardian, or Indian custodian, and other measures that may be taken to alleviate disruption and minimize the harms of removal. The bill would require the court to determine whether less disruptive alternatives to removal were considered, as specified. The bill would, if the court finds that removal is necessary, require the court to set forth, in a written order or on the record, the child's placement and the basis for its findings, whether the placement complies with specified placement preferences, and would require the court to include any orders necessary to alleviate any disruption or harm to the child resulting from removal. By imposing additional duties on counties, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 319 of the Welfare and Institutions Code proposed by AB 81 and AB 448 to be operative only if this bill and AB 81, this bill and AB 448, or all 3 bills are enacted and this bill is enacted last. 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 618, Statutes of 2023.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2846.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 77. Noes 0. Page 3461.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

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

  11. From committee: Do pass as amended. (Ayes 15. Noes 0.) (September 1).

  12. August 23 set for first hearing. Placed on suspense file.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 11).

  15. From committee: Do pass and re-refer to Com. on HUM. S. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (June 20). Re-referred to Com. on HUM. S.

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

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 40. Noes 0. Page 1302.) Ordered to the Assembly.

  19. Ordered to special consent calendar.

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 7. Noes 0. Page 1175.) (May 18).

  22. Set for hearing May 18.

  23. May 8 hearing: Placed on APPR suspense file.

  24. Set for hearing May 8.

  25. From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 877.) (April 24). Re-referred to Com. on APPR.

  26. Set for hearing April 24.

  27. Read second time and amended. Re-referred to Com. on HUMAN S.

  28. From committee: Do pass as amended and re-refer to Com. on HUMAN S. with recommendation: To consent calendar. (Ayes 10. Noes 0. Page 687.) (April 11).

  29. Set for hearing April 11.

  30. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

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

  32. From printer. May be acted upon on or after March 18.

  33. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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

Sponsors (1)

Co-sponsors (1)

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

SB 578 Ashby Senate Third Reading By Reyes

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 46001
Republican 12001
Unaffiliated 19001
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Villapudua — Yea
Jones-Sawyer — Yea
Rendon — Yea
Friedman — Yea
Maienschein — Yea
Ting — Yea
Wood — Yea
Low — Yea
Holden — Yea
Mathis — Yea
Rodriguez — Yea
McCarty — Yea
Essayli — Yea
Waldron — Yea
Santiago — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Not Voting
Vince Fong — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Not Voting
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Unfinished Business SB578 Ashby et al. Concurrence

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 22000
Republican 7000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Do pass as amended.

Passed 15 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 9001
Republican 3000
Unaffiliated 3000
Total 15001
% of votes cast 94%0%0%6%
How each member voted (16)
Member Party Vote
Holden — Yea
Mathis — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Hart, Gregg Democratic Yea
Lowenthal, Josh Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Soria, Esmeralda Democratic Not Voting
Weber Pierson, M.D., Akilah Democratic Yea
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 7 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 4001
Unaffiliated 1000
Republican 2000
Total 7001
% of votes cast 88%0%0%13%
How each member voted (8)
Member Party Vote
Eduardo Garcia — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Alanis, Juan Republican Yea
Sanchez, Kate Republican Yea

Official roll call →

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

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 1001
Democratic 7000
Unaffiliated 2000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Essayli — Yea
Maienschein — Yea
Connolly, Damon Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Not Voting

Official roll call →

Special Consent SB578 Ashby et al.

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 22000
Republican 7000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

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

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 2000
Democratic 7001
Republican 1000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Min — Yea
Wilk — Yea
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Niello, Roger W. Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 578 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 the child's parents or guardian. Existing law requires the court, at the initial petition hearing, to examine the child's parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence, and order the release of the child from custody unless a prima facie showing has been made that the child comes within the court's jurisdiction, the court finds that continuance in the parent's or guardian's home is contrary to the child's welfare, and any of a number of circumstances exist. Existing law requires the social worker to report to the court on the reasons why the child has been removed from the parent's, guardian's, or Indian custodian's physical custody, the need, if any, for continued detention, and the available services and the referral methods to those services that could facilitate the return of the child to the custody of the child's parents, among other things. This bill would require the social worker's report to also include information regarding the short-term and long-term harms to the child that may result from their removal, including the child's perspective on removal, the existing relationship between the child and members of the household, and the disruption to the child's schooling, social relationships, and physical or emotional health that may result from placement out of the home, and in the case of an Indian child, the child's connection to their tribe, extended family members, and tribal community. The bill would also require the social worker's report to include placement options, including an assessment of the least disruptive alternatives to returning the child to the custody of their parent, guardian, or Indian custodian, and other measures that may be taken to alleviate disruption and minimize the harms of removal. The bill would require the court to determine whether less disruptive alternatives to removal were considered, as specified. The bill would, if the court finds that removal is necessary, require the court to set forth, in a written order or on the record, the child's placement and the basis for its findings, whether the placement complies with specified placement preferences, and would require the court to include any orders necessary to alleviate any disruption or harm to the child resulting from removal. By imposing additional duties on counties, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 319 of the Welfare and Institutions Code proposed by AB 81 and AB 448 to be operative only if this bill and AB 81, this bill and AB 448, or all 3 bills are enacted and this bill is enacted last. 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 SB 578?
SB 578 is sponsored by Ashby, Angelique V. (Democratic) and Cortese, Dave (Democratic).
What is the current status of SB 578?
This bill has been enacted into law. Introduced February 15, 2023. Enacted.
Where can I track SB 578?
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