AB 448 — Juveniles: relative placement: family finding.

Summary

(1) Existing law requires a county social worker to investigate the circumstances of each child taken into temporary custody by a peace officer under specified circumstances. Existing law requires the social worker to conduct an investigation, within 30 days of the child's removal, to identify and locate adult relatives of the child, as specified, and to provide them with a notification that the child has been removed from the custody of the child's parents, guardians, or Indian custodian, and an explanation of the various options to participate in the care and placement of the child. This bill would require the social worker to conduct the investigation to identify and locate adult relatives, immediately, and no later than 30 days, after the child has been taken into temporary custody. (2) Existing law establishes procedures for an initial petition hearing by the juvenile court if a child is being taken into temporary custody. Existing law requires a social worker to report to the court the reasons the child was removed from the parent's, guardian's, or Indian custodian's physical custody and the need, if any, for continued detention, available services, and if there are any relatives who are willing and able to take temporary physical custody of the child. This bill would additionally require the social worker to report to the court what efforts, and in the case of an Indian child, the active efforts, as defined, and findings the social worker has made to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives or kin. (3) Existing law provides that a child may be adjudged to be a dependent of the juvenile court because of abuse or neglect, and that after this determination, the court is required to hear evidence on the question of the proper disposition to be made of the child. Existing law requires that before determining the appropriate disposition, the court receive in evidence, among other things, the social study of the child made by the social worker and evaluation made by a child advocate appointed by the court. Existing law further prescribes the information that is required to be included in that social study or evaluation, including the appropriateness of any relative placement. Existing law requires the court to review the status of every dependent child in foster care no less frequently than once every 6 months and requires a supplemental report to be filed as part of that review. This bill would additionally require the social study, and any supplemental report, to include the efforts, and in the case of an Indian child, the active efforts, as defined, and findings that the social worker has made to locate any relatives or kin who could provide family support or possible placement of the child or nonminor dependent and the name of those relatives or kin. The bill would also require the court, in conducting the periodic status review, to additionally determine whether the social worker has continued efforts, and in the case of an Indian child, the active efforts, as defined, to locate any relatives or kin who could provide family support or possible placement of the child and the names of those relatives or kin. (4) Existing law requires a probation officer, upon delivery of a minor who has been taken into temporary custody, to immediately investigate the circumstances of the minor and the facts surrounding the minor being taken into custody and to immediately release the minor to the custody of their parent, legal guardian, or responsible relative, including a grandparent, adult sibling, or other relative, unless evidence before the court demonstrates that continuance in the home is contrary to the child's welfare, as specified. This bill would additionally require that the probation officer, if it is known or there is reason to know the child is an Indian child, to search additionally for an extended family member, as defined, to whom the child may be released. The bill would define for the purpose of these provisions "sibling" as a person related to the child by blood, adoption, or affinity through common legal or biological parent. The bill would require the probation officer to document their efforts, and in the case of an Indian child, the active efforts, as defined, to locate any relatives or kin who could provide family support or possible placement for the child or nonminor dependent and the names of those relatives or kin. (5) By imposing additional duties on county officials, the bill would impose a state-mandate local program. (6) This bill would incorporate additional changes to Section 319 of the Welfare and Institutions Code proposed by AB 81 and SB 578 to be operative only if this bill and AB 81, this bill and SB 578, or all 3 bills are enacted and this bill is enacted last. (7) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

• Enrolled 09/18/23 - Enrolled Current pdf September 18, 2023
• Amended 09/08/23 - Amended Senate pdf September 08, 2023
• Amended 07/13/23 - Amended Senate pdf July 13, 2023
• Amended 03/21/23 - Amended Assembly pdf March 21, 2023
• Introduced 02/06/23 - Introduced pdf February 06, 2023
• AB448 View text html

Action History

1. January 30, 2024

   Consideration of Governor's veto stricken from file.

2. January 03, 2024

   Consideration of Governor's veto pending.

3. October 08, 2023

   Vetoed by Governor.

4. September 20, 2023

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

5. September 13, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3383.).

6. September 12, 2023

   In Assembly. Concurrence in Senate amendments pending.

7. September 12, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2646.).

8. September 11, 2023

   Read second time. Ordered to third reading.

9. September 08, 2023

   Read third time and amended. Ordered to second reading.

10. September 05, 2023

    Read second time. Ordered to third reading.

11. September 01, 2023

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

12. August 14, 2023

    In committee: Referred to APPR suspense file.

13. July 13, 2023

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

14. July 12, 2023

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

15. July 05, 2023

    From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 3). Re-referred to Com. on JUD.

16. June 14, 2023

    Referred to Coms. on HUMAN S. and JUD.

17. June 01, 2023

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

18. May 31, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1981.)

19. May 18, 2023

    Read second time. Ordered to third reading.

20. May 18, 2023

    From committee: Do pass. (Ayes 15. Noes 0.) (May 18).

21. May 10, 2023

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

22. May 03, 2023

    In committee: Hearing postponed by committee.

23. April 26, 2023

    In committee: Hearing postponed by committee.

24. March 28, 2023

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (March 28). Re-referred to Com. on APPR.

25. March 22, 2023

    Re-referred to Com. on JUD.

26. March 21, 2023

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

27. March 14, 2023

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (March 14). Re-referred to Com. on JUD.

28. March 14, 2023

    Coauthors revised.

29. February 17, 2023

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

30. February 07, 2023

    From printer. May be heard in committee March 9.

31. February 06, 2023

    Read first time. To print.

Sponsors

• Juan Carrillo · Primary
• Mia Bonta · Cosponsor
• Isaac G. Bryan · Cosponsor
• Tom Lackey · Cosponsor
• Blanca E. Rubio · Cosponsor

Votes

Subjects