SB 942: Dependency proceedings: relative caregivers.

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 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 his or her parents or guardian, and establishes procedures to determine placement of a dependent child. Existing law prescribes various hearings, including specified review hearings, and other procedures for these purposes. Existing law requires a social worker to conduct specified assessments for purposes of placement.

This bill would require the court to order the social worker to immediately conduct an assessment, as specified, if the child is not placed with a relative at the time of the initial hearing and an able and willing relative is available and requests temporary placement of the child.

Under existing law, if a child is proposed to be placed in the home of a relative, or the home of any prospective guardian or other person who is not a licensed or certified foster parent, the court or social worker placing the child is required to have make an assessment of that person for placement pursuant to specified criteria, including conducting a home visit and having a state-level criminal records check conducted by an appropriate government agency through the California Law Enforcement Telecommunications System. Existing For purposes of placement, existing law authorizes a county to issue a criminal records exemption for a qualifying crime for which the relative, prospective guardian, or other person has been convicted only if that county has been granted permission by the Director of Social Services to issue exemptions. Existing law requires the State Department of Social Services to conduct an evaluation of the implementation provisions relating to criminal records exemptions, as specified.

This bill would require a county seeking to issue a criminal records exemption under these provisions to assist the relative, prospective guardian, or other person in locating and obtaining any documents required for the criminal records exemption. The

If the court orders the county to make an assessment under these provisions, the bill would also require the county to complete the assessment process, including any exemptions and waivers, process within a specified timeframe. The bill would authorize the court to conduct a hearing if the assessment process is not complete, as specified, or an exemption or waiver is denied, to determine if the county has abused its discretion.

By imposing these additional duties on county welfare agencies, 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.