Bill Text: CA AB1401 | 2017-2018 | Regular Session | Chaptered
Bill Title: Juveniles: protective custody warrant.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-09-23 - Chaptered by Secretary of State - Chapter 262, Statutes of 2017. [AB1401 Detail]
Download: California-2017-AB1401-Chaptered.html
| Assembly Bill No. 1401 |
| CHAPTER 262 |
An act to amend Section 340 of the Welfare and Institutions Code, relating to juveniles.
[
Approved by
Governor
September 23, 2017.
Filed with
Secretary of State
September 23, 2017.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 1401, Maienschein.
Juveniles: protective custody warrant.
Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be dependents of the court under certain circumstances, including when the child is abused, a parent or guardian fails to adequately supervise or protect the child, as specified, or a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law requires a proceeding in the juvenile court to declare a child to be a dependent child of the court to be commenced by the filing with the court, by the social worker, of a petition in conformity with specified requirements. Existing law authorizes the court to issue a protective custody warrant for a minor under certain circumstances, including when a petition has been filed in the juvenile court alleging that the minor comes within the jurisdiction of the juvenile court as
a dependent or when a dependent minor has run away from his or her court-ordered placement.
This bill would authorize the court to issue a protective custody warrant, without filing a petition in the juvenile court alleging that the minor comes within the jurisdiction of the juvenile court as a dependent, if there is probable cause to believe the minor comes within the jurisdiction of the juvenile court as a dependent, there is a substantial danger to the safety or to the physical or emotional health of the child, and there are no reasonable means to protect the child’s safety or physical health without removal. The bill would require any child taken into protective custody under these provisions to immediately be delivered to the social worker who shall
investigate the facts and circumstances of the child and the facts surrounding the child being taken into custody and attempt to maintain the child with the child’s family through the provision of services. By imposing additional duties on county social workers, this bill would impose 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 340 of the Welfare and Institutions Code is amended to read:340.
(a) Whenever a petition has been filed in the juvenile court alleging that a minor comes within Section 300 and praying for a hearing on that petition, or whenever any subsequent petition has been filed praying for a hearing in the matter of the minor and it appears to the court that the circumstances of his or her home environment may endanger the health, person, or welfare of the minor, or whenever a dependent minor has run away from his or her court-ordered placement, a protective custody warrant may be issued immediately for the minor.(b) A protective custody warrant may be issued without filing a petition under Section 300 if the court finds probable
cause to support all of the following:
(1) The child is a person described in Section 300.
(2) There is a substantial danger to the safety or to the physical or emotional health of the child.
(3) There are no reasonable means to protect the child’s safety or physical health without removal.
(c) Any child taken into protective custody pursuant to this section shall immediately be delivered to the social worker who shall investigate, pursuant to Section 309, the facts
and circumstances of the child and the facts surrounding the child being taken into custody and attempt to maintain the child with the child’s family through the provision of services.
(d) (1) Nothing in this section is intended to limit any other circumstance that permits a magistrate to issue a warrant for a person.
(2) Nothing in this section is intended to limit a social worker from taking into and maintaining temporary
custody of a minor pursuant to paragraph (2) of subdivision (a) of Section 306.
