Bill Text: CA SB1336 | 2015-2016 | Regular Session | Chaptered
Bill Title: Dependent children: investigation: relatives.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-30 - Chaptered by Secretary of State. Chapter 890, Statutes of 2016. [SB1336 Detail]
Download: California-2015-SB1336-Chaptered.html
BILL NUMBER: SB 1336 CHAPTERED
BILL TEXT
CHAPTER 890
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2016
APPROVED BY GOVERNOR SEPTEMBER 30, 2016
PASSED THE SENATE AUGUST 31, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN ASSEMBLY AUGUST 25, 2016
AMENDED IN ASSEMBLY AUGUST 19, 2016
AMENDED IN ASSEMBLY AUGUST 4, 2016
AMENDED IN ASSEMBLY JUNE 30, 2016
AMENDED IN SENATE APRIL 14, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Jackson
FEBRUARY 19, 2016
An act to amend Section 358 of the Welfare and Institutions Code,
relating to dependent children.
LEGISLATIVE COUNSEL'S DIGEST
SB 1336, Jackson. Dependent children: investigation: relatives.
Existing law requires a county social worker to investigate the
circumstances of each child taken into temporary custody by a peace
officer who has reasonable cause to believe the child is the victim
of abuse or neglect. Existing law requires the social worker to
conduct an investigation to identify and locate adult relatives of
the child and to provide him or her with a specified relative
information form. Existing law further requires the social worker to
initiate an assessment of the suitability of a relative who requests
that the child be placed with him or her.
Under existing law, the juvenile court is required to hold a
hearing to determine the proper disposition to be made of a child
adjudged a dependent of the juvenile court. Existing law requires the
court to consider the social study of the child made by the social
worker before the court arrives at its judgment.
This bill would require the juvenile court to make a finding as to
whether the social worker exercised due diligence in conducting his
or her investigation to identify, locate, and notify the child's
relatives.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 358 of the Welfare and Institutions Code is
amended to read:
358. (a) After finding that a child is a person described in
Section 300, the court shall hear evidence on the question of the
proper disposition to be made of the child. Prior to making a finding
required by this section, the court may continue the hearing on its
own motion, the motion of the parent or guardian, or the motion of
the child, as follows:
(1) If the child is detained during the continuance, and the
social worker is not alleging that subdivision (b) of Section 361.5
is applicable, the continuance shall not exceed 10 judicial days. The
court may make an order for detention of the child or for the child'
s release from detention, during the period of continuance, as is
appropriate.
(2) If the child is not detained during the continuance, the
continuance shall not exceed 30 days after the date of the finding
pursuant to Section 356. However, the court may, for cause, continue
the hearing for an additional 15 days.
(3) If the social worker is alleging that subdivision (b) of
Section 361.5 is applicable, the court shall continue the proceedings
for a period not to exceed 30 days. The social worker shall notify
each parent of the content of subdivision (b) of Section 361.5 and
shall inform each parent that if the court does not order
reunification a permanency planning hearing will be held, and that
his or her parental rights may be terminated within the timeframes
specified by law.
(b) (1) Before determining the appropriate disposition, the court
shall receive in evidence the social study of the child made by the
social worker, any study or evaluation made by a child advocate
appointed by the court, and other relevant and material evidence as
may be offered, including, but not limited to, the willingness of the
caregiver to provide legal permanency for the child if reunification
is unsuccessful. In any judgment and order of disposition, the court
shall specifically state that the social study made by the social
worker and the study or evaluation made by the child advocate
appointed by the court, if there be any, has been read and considered
by the court in arriving at its judgment and order of disposition.
Any social study or report submitted to the court by the social
worker shall include the individual child's case plan developed
pursuant to Section 16501.1.
(2) Whenever a child is removed from a parent's or guardian's
custody, the court shall make a finding as to whether the social
worker has exercised due diligence in conducting the investigation,
as required pursuant to paragraph (1) of subdivision (e) of Section
309, to identify, locate, and notify the child's relatives, including
both maternal and paternal relatives.
(3) When making the determination required pursuant to paragraph
(2), the court may consider, among other examples of due diligence,
the extent to which the social worker has complied with paragraph (1)
of subdivision (e) of Section 309, and has done any of the
following:
(A) Asked the child, in an age-appropriate manner and consistent
with the child's best interest, about his or her relatives.
(B) Obtained information regarding the location of the child's
relatives.
(C) Reviewed the child's case file for any information regarding
the child's relatives.
(D) Telephoned, emailed, or visited all identified relatives.
(E) Asked located relatives for the names and locations of other
relatives.
(F) Used Internet search tools to locate relatives identified as
supports.
(c) If the court finds that a child is described by subdivision
(h) of Section 300 or that subdivision (b) of Section 361.5 may be
applicable, the court shall conduct the dispositional proceeding
pursuant to subdivision (c) of Section 361.5.
