AB 1332: Juveniles: dependents: removal.

Existing law authorizes the removal of a child from the physical custody of his or her parent or guardian with whom the child resides at the time the dependency petition was initiated if the court finds by clear and convincing evidence that one of several circumstances is present, including, among others, that there is or would be a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the minor if the minor were returned home, and there are no reasonable means by which the minors physical health can be protected without removing the minor from the minors parents or guardians physical custody.

This bill would prohibit the removal of a child from the physical custody of his or her parent with whom the child did not reside at the time the petition was initiated, unless the juvenile court finds clear and convincing evidence that there would be a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child for the parent to live with the child or otherwise exercise the parents right to physical custody, and there are no reasonable means available by which the childs physical and emotional health can be protected without removing the child from the childs parents physical custody. By increasing the number of children who may be removed from their parents and subsequently placed in out-of-home care under the supervision of the county, this bill would impose a state-mandated local program.

This bill would incorporate additional changes to Section 361 of the Welfare and Institutions Code proposed by SB 233 to be operative only if this bill and SB 233 are enacted and this bill is enacted last.

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.