Bill Text: CA AB954 | 2023-2024 | Regular Session | Amended
Bill Title: Dependency: court-ordered services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 552, Statutes of 2023. [AB954 Detail]
Download: California-2023-AB954-Amended.html
Amended
IN
Assembly
March 22, 2023 |
Introduced by Assembly Member Bryan |
February 14, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 362 of the Welfare and Institutions Code is amended to read:362.
(a) If a child is adjudged a dependent child of the court on the ground that the child is a person described by Section 300, the court may make any and all reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the child, including medical treatment, subject to further order of the court.SEC. 2.
Section 362.8 is added to the Welfare and Institutions Code, to read:362.8.
(a) At a review hearing where a parent or guardian’s participation in reunification or family maintenance services is considered by the court, including, but not limited to, hearings pursuant to Sections 364, 366.21, 366.22, 366.25, and 388, the parent or guardian shall not be considered to be noncompliant with the court-ordered case plan when there is evidence that the parent or guardian is unable to pay for a service, or that payment for a service would create an undue financial hardship for the parent or guardian.A parent’s inability to pay for any court-ordered services shall not be a barrier to reunification or a basis for removal.
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.