Bills

AB 260: Foster care: parenting youth.

  • Session Year: 2015-2016
  • House: Assembly
Version:

Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child has been left without any provision for support or when a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law provides that the Legislature declares that a child whose parent has been adjudged a dependent child of the court shall not be considered at risk of abuse or neglect solely because of the age, dependent status, or foster care status of the parent.

This bill would additionally declare that a child whose parent has been adjudged a dependent child of the court shall not be considered at risk of abuse or neglect solely on the basis of information concerning the parents placement history, past behaviors, health or mental health diagnoses occurring prior to the pregnancy, except as specified.

Existing law provides that reunification services need not be provided to the family of a dependent child under certain circumstances.

This bill would enact certain exceptions to that provision that would apply in the case of a child for whom one or both minor parents have been adjudged to be dependent children of the juvenile court, thereby providing the family access to reunification services. The bill would also require, in those cases, a party seeking an involuntary foster care placement of, or termination of parental rights over, a child born to a parent or parents who were minors at the time of the childs birth to demonstrate to the court that reasonable efforts were made to provide remedial services designed to prevent the removal of the child from the minor parent or parents, that these efforts have proved unsuccessful, and that those efforts utilize the available resources of the child and his or her minor parent or parents extended family, social services agencies, caregivers, and other available service providers. By imposing a higher level of service on county employees, the bill would impose a state-mandated local program.

Existing law requires the clerk of the superior court to open a separate court file for nonminor dependents under the dependency, delinquency, or transition jurisdiction of the court and limits access to those files.

This bill would require the clerk of the superior court to maintain court files and records concerning a minor dependent parent or a nonminor dependent parent separate from court files and records concerning his or her child, as specified. The bill would authorize dependency court records concerning a minor dependent parent or a nonminor dependent parent to be disclosed to the county and the court in the childs dependency proceedings, but would require information from the records to only be admitted as evidence in the childs dependency proceedings pursuant to a certain court order. The bill would authorize any party to the childs dependency proceedings to request the admittance of the records concerning a minor dependent parent or a nonminor dependent parent as evidence at any stage of the childs dependency proceedings.

Existing law declares the intent of the Legislature to maintain the continuity of the family unit and to support and preserve families headed by minor dependent parents and nonminor dependent parents. Existing law requires foster care placements for minor parents and their children to demonstrate a willingness and ability to provide support and assistance to minor parents and their children.

This bill would additionally require those foster care placements to support the preservation of the family unit and to refer a minor dependent parent or nonminor dependent parent to preventive services to address any concerns regarding the safety, health, or well-being of the child, and to help prevent, whenever possible, the filing of a petition to declare the child a dependent of the juvenile court.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Discussed in Hearing

Assembly Floor54SEC
Sep 10, 2015

Assembly Floor

Senate Floor2MIN
Sep 9, 2015

Senate Floor

Senate Standing Committee on Appropriations31SEC
Aug 17, 2015

Senate Standing Committee on Appropriations

Assembly Floor54SEC
Jun 2, 2015

Assembly Floor

Assembly Standing Committee on Judiciary8MIN
Apr 21, 2015

Assembly Standing Committee on Judiciary

Assembly Standing Committee on Human Services10MIN
Apr 14, 2015

Assembly Standing Committee on Human Services

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