CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 954


Introduced by Assembly Member Bryan

February 14, 2023


An act to add Section 372 to the Welfare and Institutions Code, relating to juveniles.


LEGISLATIVE COUNSEL'S DIGEST


AB 954, as introduced, Bryan. Dependency: court-ordered services.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents 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 establishes the grounds for removal of a dependent child from the custody of the child’s parents or guardian, and requires the court to order the social worker to provide designated child welfare services, including family reunification services, as prescribed. Existing law also requires family maintenance services to be provided or arranged for by county welfare department staff in order to maintain a child in their own home, and requires the services to be available without regard to income to specified families, including families in which the child is in the care of a previously noncustodial parent under the supervision of the juvenile court.
This bill would prohibit a parent’s inability to pay for any court-ordered services from being a barrier to reunification or a basis for removal. To the extent the bill would impose additional duties on county child welfare departments, the 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 372 is added to the Welfare and Institutions Code, to read:

372.
 A parent’s inability to pay for any court-ordered services shall not be a barrier to reunification or a basis for removal.

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.