Bill Text

Bill Information


Bill PDF |Add To My Favorites |Track Bill | print page

AB-2664 Foster youth.(2023-2024)

SHARE THIS: share this bill in Facebook share this bill in Twitter
Date Published: 09/23/2024 09:00 PM
AB2664:v95#DOCUMENT

Assembly Bill No. 2664
CHAPTER 412

An act to amend Section 361.49 of the Welfare and Institutions Code, relating to foster youth.

[ Approved by Governor  September 22, 2024. Filed with Secretary of State  September 22, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2664, Bryan. Foster youth.
Existing law requires a child to be deemed to have entered foster care on the earlier of the date of a jurisdictional hearing or the date 60 days following when the child was initially removed from the physical custody of their parent or guardian.
This bill would require that, when the court orders the custody of a child to be retained by the parent or guardian at disposition, even if the child was initially detained, and then subsequently removes the child at disposition on a petition brought pursuant to a subsequent petition, as specified, the child is deemed to have entered foster care on the earlier of the date of the jurisdictional hearing held pursuant to the subsequent petition or the date that is 60 days after the date the child was initially removed from the physical custody of their parent or guardian on a subsequent petition. The bill would require that the disposition on a subsequent petition be considered the initial disposition for specified circumstances. The bill would require, for purposes of calculating the date of a continued permanency review hearing or a subsequent permanency review hearing, as specified, the child is deemed to have been originally removed from the physical custody of their parent or guardian on the date they were taken into custody by the social worker based on a subsequent petition, as specified. By allowing additional reunification services and increasing the duties on county social workers, this bill would create a state-mandated local program.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 361.49 of the Welfare and Institutions Code is amended to read:

361.49.
 (a) Except as provided in subdivision (b), regardless of their age, a child shall be deemed to have entered foster care on the earlier of the date of the jurisdictional hearing held pursuant to Section 356 or the date that is 60 days after the date on which the child was initially removed from the physical custody of their parent or guardian.
(b) (1) When the court orders the custody of a child to be retained by the parent or guardian at disposition, even if the child was initially detained, and then subsequently removes the child at disposition on a petition brought under Section 342 or 387, the child is deemed to have entered foster care on the earlier of the date of the jurisdictional hearing held pursuant to Section 342 or 387 or the date that is 60 days after the date the child was initially removed from the physical custody of their parent or guardian on a petition brought under Section 342 or 387.
(2) The disposition on a petition brought under Section 342 or 387 shall be considered the initial disposition for purposes of paragraph (1) of subdivision (e) of Section 366.21.
(c) For the purpose of calculating the date of a continued permanency review hearing pursuant to paragraph (1) or (2) of subdivision (g) of Section 366.21 or a subsequent permanency review hearing pursuant to paragraph (1) of subdivision (b) of Section 366.22, the child shall be deemed to have been originally removed from the physical custody of their parent or guardian on the date they were taken into custody by the social worker based on a petition brought under Section 342 or 387.

SEC. 2.

 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.