Today's Law As Amended


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AB-861 Juveniles.(2019-2020)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares that it is concerned about the welfare of minors on the street who have been victims of abuse and neglect. Often these youth, who include former foster youth, do not know where to turn for help and there may not be local services to support them.

SEC. 2.

 Section 329 of the Welfare and Institutions Code is amended to read:

329.
 Whenever (a)   any If a  person applies to the a  social worker to commence proceedings in the juvenile court, the application shall be in the form of an affidavit alleging that there was or is within the county, or residing therein, a child within the provisions of Section 300, and setting forth facts in support thereof. The social worker shall immediately investigate as he or she the social worker  deems necessary to determine whether proceedings in the juvenile court should be commenced. If  Except as provided in subdivision (b), if  the social worker does not take action under Section 301 and does not file a petition in the juvenile court within three weeks after the application, he or she the social worker  shall endorse upon the affidavit of the applicant his or her  their  decision not to proceed further, including any recommendation made to the applicant, if one is made, to consider commencing a probate guardianship for the child, and his or her  their  reasons therefor and shall immediately notify the applicant of the action taken or the decision rendered by him or her the social worker  under this section. The social worker shall retain the affidavit and his or her  the  endorsement thereon for a period of 30 days after notifying the applicant.
(b) If the child about whom an application is made, as described in subdivision (a), is a homeless youth has been a dependent or ward of the juvenile court, or has received informal probation or child welfare services, then, if the social worker does not take action under Section 301 and does not file a petition in the juvenile court within 10 business days after the application, the social worker shall endorse upon the affidavit of the applicant their decision not to proceed further, including any recommendation made to the applicant, if one is made, to consider commencing a probate guardianship for the child, and their reasons therefor and shall immediately notify the applicant of the action taken or the decision rendered by the social worker under this section.
(c) For purposes of this section, “homeless youth” has the same meaning as the term “homeless children and youths” as defined in Section 11434a(2) of Title 42 of the United States Code.

SEC. 3.

 Section 331 of the Welfare and Institutions Code is amended to read:

331.
 When (a)   any If a  person has applied to the social worker, pursuant to Section 329, to commence juvenile court proceedings and the social worker fails to file a petition within three weeks after the application,  the time period required under Section 329,  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 him or her the social worker  to commence juvenile court proceedings.
(b) A juvenile court shall review applications received pursuant to subdivision (a) and shall either affirm the decision of the social worker or order the social worker to commence juvenile court proceedings no more than 14 days after the person applied to the juvenile court to review the decision of the social worker.
SEC. 4.
 To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.