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AB-1371 Juveniles: ward or dependent or nonminor dependent parents.(2017-2018)

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Date Published: 02/17/2017 09:00 PM
AB1371:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1371


Introduced by Assembly Member Mark Stone
(Principal coauthor: Assembly Member Maienschein)

February 17, 2017


An act to amend Sections 301 and 361.8 of the Welfare and Institutions Code, relating to juveniles.


LEGISLATIVE COUNSEL'S DIGEST


AB 1371, as introduced, Mark Stone. Juveniles: ward or dependent or nonminor dependent parents.
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 ward of the juvenile court.
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 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 301 of the Welfare and Institutions Code is amended to read:

301.
 (a) In any case in which a social worker, after investigation of an application for petition or other investigation he or she is authorized to make, determines that a child is within the jurisdiction of the juvenile court or will probably soon be within that jurisdiction, the social worker may, in lieu of filing a petition or subsequent to dismissal of a petition already filed, and with consent of the child’s parent or guardian, undertake a program of supervision of the child. If a program of supervision is undertaken, the social worker shall attempt to ameliorate the situation which that brings the child within, or creates the probability that the child will be within, the jurisdiction of Section 300 by providing or arranging to contract for all appropriate child welfare services pursuant to Sections 16506 and 16507.3, within the time periods specified in those sections. No further child welfare services shall be provided subsequent to these time limits. If the family has refused to cooperate with the services being provided, the social worker may file a petition with the juvenile court pursuant to Section 332. Nothing in this section shall be construed to prevent the social worker from filing a petition pursuant to Section 332 when otherwise authorized by law.
(b) The program of supervision of the child undertaken pursuant to this section may call for the child to obtain care and treatment for the misuse of, or addiction to, controlled substances from a county mental health service or other appropriate community agency.
(c) If the parent is a dependent or ward of the juvenile court at the time that a social worker seeks to undertake a program of supervision pursuant to subdivision (a), including a voluntary family reunification program or a voluntary family maintenance program, and if counsel has been appointed for the parent pursuant to subdivision (c) of Section 317, the program of supervision shall not be undertaken until the parent has consulted with his or her counsel.

SEC. 2.

 Section 361.8 of the Welfare and Institutions Code is amended to read:

361.8.
 (a) The Legislature declares that a child of a minor parent or nonminor dependent parent shall not be considered to be at risk of abuse or neglect solely on the basis of information concerning the parent’s or parents’ placement history, past behaviors, or health or mental health diagnoses occurring prior to the pregnancy, although that information may be taken into account when considering whether other factors exist that place the child at risk of abuse or neglect.
(b) In the case of a child for whom one or both minor parents have been adjudged to be dependent children of the juvenile court pursuant to Section 300, all of the following shall apply:
(1) Paragraphs (10) and (11) of subdivision (b) of Section 361.5 shall not apply, unless one or more of the circumstances described in paragraphs (1) to (9), inclusive, and paragraphs (12) to (16), inclusive, of subdivision (b) of Section 361.5 apply.
(2) 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 shall demonstrate to the court that reasonable efforts were made to provide remedial services designed to prevent the removal of the child from the minor parent or parents, and that these efforts have proved unsuccessful.
(3) The efforts made pursuant to paragraph (2) shall utilize the available resources of the child and his or her minor parent’s or parents’ extended family, social services agencies, caregivers, and other available service providers.
(c) 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 a parent who is a ward of the juvenile court or a dependent or nonminor dependent parent, the parent shall have the opportunity to consult with his or her legal counsel.

(c)

(d) For purposes of this section, “child” and “minor parent” shall have the same definitions as set forth in Section 16002.5.