AB 1446: Dependent children: periodic review hearing.
- Session Year: 2017-2018
- House: Assembly
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 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. Whenever a person has been adjudged to be a dependent child of the juvenile court and has been committed or otherwise disposed of for the care of dependent children of the juvenile court, existing law authorizes the court to order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.
In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, existing law requires the court to periodically review the case to determine whether the delay is reasonable. Existing law requires these periodic reviews to be held at least every 15 days, as specified, and, during the course of each review, requires the court to inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.
This bill would require, in any case in which a dependent child or nonminor dependent is detained or placed for more than 15 5 consecutive calendar days in emergency shelter care, a temporary shelter care facility, or a transitional shelter care facility, as defined, or is inappropriately residing in a place that is not a licensed or approved shelter, home, or facility, the court to periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. The bill would require these periodic reviews to be conducted at least every 15 3 days and to include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent, as specified. The bill would further set forth the circumstances in which a periodic review hearing would not be required, except as specified.
Discussed in Hearing
Senate Standing Committee on Appropriations
Assembly Floor
Assembly Standing Committee on Human Services
Bill Author