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AB-1446 Dependent children: periodic review hearing.(2017-2018)

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Date Published: 09/02/2017 04:00 AM
AB1446:v95#DOCUMENT

Amended  IN  Senate  September 01, 2017
Amended  IN  Senate  July 05, 2017
Amended  IN  Senate  June 15, 2017
Amended  IN  Assembly  April 18, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1446


Introduced by Assembly Member Cooley

February 17, 2017


An act to amend Section 367 of the Welfare and Institutions Code, relating to dependent children.


LEGISLATIVE COUNSEL'S DIGEST


AB 1446, as amended, Cooley. Dependent children: periodic review hearing.
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 has 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. Whenever a person has been adjudged to be a dependent child of the juvenile court and has been committed or otherwise disposed of for the care of dependent children of the juvenile court, existing law authorizes the court to order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.
In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, existing law requires the court to periodically review the case to determine whether the delay is reasonable. Existing law requires these periodic reviews to be held at least every 15 days, as specified, and, during the course of each review, requires the court to inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.
This bill would require, in any case in which a dependent child or nonminor dependent is detained or placed for more than 15 5 consecutive calendar days in emergency shelter care, a temporary shelter care facility, or a transitional shelter care facility, as defined, or is inappropriately residing in a place that is not a licensed or approved shelter, home, or facility, the court to periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. The bill would require these periodic reviews to be conducted at least every 15 3 days and to include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent, as specified. The bill would further set forth the circumstances in which a periodic review hearing would not be required, except as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 367 of the Welfare and Institutions Code is amended to read:

367.
 (a) Whenever a person has been adjudged a dependent child of the juvenile court and has been committed or otherwise disposed of as provided in this chapter for the care of dependent children of the juvenile court, the court may order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.
(b) In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, the court shall periodically review the case to determine whether the delay is reasonable. These periodic reviews shall be held at least every 15 days, commencing from the time the child was initially detained pending the execution of the order of commitment or of any other disposition, and during the course of each review the court shall inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.
(c) (1) (A) In any case in which a dependent child or nonminor dependent is detained or placed for more than 15 five consecutive calendar days in emergency shelter care, as defined in Section 16501, a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, or a transitional shelter care facility, as defined in Section 1502 of the Health and Safety Code, or is inappropriately residing in a place that is not a licensed or approved shelter, home, or facility, the court shall periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. These periodic reviews shall be conducted at least every 15 three days and shall include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent. The periodic review may be conducted as either an appearance or nonappearance hearing at the court’s discretion.
(B) The requirement for the court to conduct review hearings pursuant to subparagraph (A) shall not be construed as condoning or granting approval of placements that are not otherwise authorized pursuant to other provisions of law.
(C) Nothing in this paragraph shall be interpreted to abridge any other legal rights or remedies related to inappropriate placements or placements at any unauthorized or unlicensed facility.
(D) Nothing in this paragraph shall be interpreted to abridge any other legal rights or remedies related to overstays in emergency shelter care facilities, nor shall it be construed as permitting placement in a temporary shelter care facility for more than 10 days as described in Section 11462.022.
(2) (A) If an appropriate placement has been identified, and the required assessments are in process to effectuate the placing of a child with the family or into a specified location or approved facility within 15 five days, then the periodic review outlined in paragraph (1) is not required.
(B) Notwithstanding subparagraph (A), upon the request of any party to the proceedings, a hearing shall be set as outlined in paragraph (1).