AB 2595: Juveniles: dependency: jurisdiction of the juvenile court.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-06
Existing law establishes the jurisdiction of the juvenile court, which may adjudge certain children to be dependents 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 illness as a result of various types of neglect. Existing law requires, whenever a social worker has cause to believe that there was or is a child within the county who may be within the jurisdiction of the juvenile court, the social worker to immediately make any investigation the social worker deems necessary to determine whether child welfare services should be offered to the family and whether proceedings in the juvenile court should be commenced.
This bill would require the State Department of Social Services to update all regulations, all-county letters, and other instructions relating to the investigation of a minor who may be within the jurisdiction of the juvenile court to ensure that, when a social worker is investigating an alleged case of child abuse or neglect, a parents or guardians use or possession of cannabis is treated in the same manner as a parents or guardians use or possession of alcohol and legally prescribed medication.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge certain children to be dependents 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 illness as a result of various types of neglect. Existing law requires, whenever a social worker has cause to believe that there was or is a child within the county who may be within the jurisdiction of the juvenile court, the social worker to immediately make any investigation the social worker deems necessary to determine whether child welfare services should be offered to the family and whether proceedings in the juvenile court should be commenced.
This bill would require the State Department of Social Services to update all regulations, all-county letters, and other instructions relating to the investigation of a minor who may be within the jurisdiction of the juvenile court to ensure that, when a social worker is investigating an alleged case of child abuse or neglect, a parents or guardians use or possession of cannabis is treated in the same manner as a parents or guardians use or possession of alcohol and legally prescribed medication.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge certain children to be dependents 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 illness as a result of various types of neglect. Existing law requires, whenever a social worker has cause to believe that there was or is a child within the county who may be within the jurisdiction of the juvenile court, the social worker to immediately make any investigation the social worker deems necessary to determine whether child welfare services should be offered to the family and whether proceedings in the juvenile court should be commenced.
This bill would require the State Department of Social Services to update all regulations, all-county letters, and other instructions relating to the investigation of a minor who may be within the jurisdiction of the juvenile court to ensure that, when a social worker is investigating an alleged case of child abuse or neglect, a parents or guardians use or possession of cannabis is treated in the same manner as a parents or guardians use or possession of alcohol and legally prescribed medication.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge certain children to be dependents 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 illness as a result of various types of neglect. Existing law prohibits a child from being found to be within the jurisdiction of the juvenile court on that basis solely due to the lack of an emergency shelter for the family or the failure of the childs parent or alleged parent to seek court orders for custody of the child. requires, whenever a social worker has cause to believe that there was or is a child within the county who may be within the jurisdiction of the juvenile court, the social worker to immediately make any investigation the social worker deems necessary to determine whether child welfare services should be offered to the family and whether proceedings in the juvenile court should be commenced.
This bill would also prohibit a child from being found to be within the jurisdiction of the juvenile court on that basis solely due to the use of cannabis, possession of cannabis, possession of cannabis products, possession of cannabis accessories, or possession, cultivation, harvesting, drying, or processing of cannabis by the childs parent or guardian or the presence of cannabinoid components or metabolites in the parents or guardians bodily fluids. require the State Department of Social Services to update all regulations, all-county letters, and other instructions relating to the investigation of a minor who may be within the jurisdiction of the juvenile court to ensure that, when a social worker is investigating an alleged case of child abuse or neglect, a parents use or possession of cannabis is treated in the same manner as a parents use or possession of alcohol and legally prescribed medication.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge certain children to be dependents 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 illness as a result of various types of neglect. Existing law prohibits a child from being found to be within the jurisdiction of the juvenile court on that basis solely due to the lack of an emergency shelter for the family or the failure of the childs parent or alleged parent to seek court orders for custody of the child.
This bill would also prohibit a child from being found to be within the jurisdiction of the juvenile court on that basis solely due to the use of cannabis, possession of cannabis, possession of cannabis products, possession of cannabis accessories, or possession, cultivation, harvesting, drying, or processing of cannabis by the childs parent or guardian or the presence of cannabinoid components or metabolites in the parents or guardians bodily fluids.
The State Department of Social Services shall update all regulations, all-county letters, and other instructions relating to the investigation of a minor who may be described by Section 300 to ensure that, when a social worker is investigating an alleged case of child abuse or neglect, a parents or guardians use or possession of cannabis is treated in the same manner as a parents or guardians use or possession of alcohol and legally prescribed medication.
The State Department of Social Services shall update all regulations, all-county letters, and other instructions relating to the investigation of a minor who may be described by Section 300 to ensure that, when a social worker is investigating an alleged case of child abuse or neglect, a parents or guardians use or possession of cannabis is treated in the same manner as a parents or guardians use or possession of alcohol and legally prescribed medication.
The State Department of Social Services shall update all regulations, all-county letters, and other instructions relating to the investigation of a minor who may be described by Section 300 to ensure that, when a social worker is investigating an alleged case of child abuse or neglect, a parents or guardians use or possession of cannabis is treated in the same manner as a parents or guardians use or possession of alcohol and legally prescribed medication.
The State Department of Social Services shall update all regulations, all-county letters, and other instructions relating to the investigation of a minor who may be described by Section 300 to ensure that, when a social worker is investigating an alleged case of child abuse or neglect, a parents use or possession of cannabis is treated in the same manner as a parents use or possession of alcohol and legally prescribed medication.
SECTION 1.Section 300 of the Welfare and Institutions Code is amended to read:300.A child who comes within any of the following descriptions is within the jurisdiction of the juvenile court which may adjudge that person to be a dependent child of the court:(a)The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the childs parent or guardian. For purposes of this subdivision, a court may find there is a substantial risk of serious future injury based on the manner in which a less serious injury was inflicted, a history of repeated inflictions of injuries on the child or the childs siblings, or a combination of these and other actions by the parent or guardian that indicate the child is at risk of serious physical harm. For purposes of this subdivision, serious physical harm does not include reasonable and age-appropriate spanking to the buttocks if there is no evidence of serious physical injury.(b)(1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of any of the following:(A)The failure or inability of the childs parent or guardian to adequately supervise or protect the child.(B)The willful or negligent failure of the childs parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left.(C)The willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment.(D)The inability of the parent or guardian to provide regular care for the child due to the parents or guardians mental illness, developmental disability, or substance abuse.(2)A child shall not be found to be a person described by this subdivision solely due to any of the following:(A)The lack of an emergency shelter for the family.(B)The failure of the childs parent or alleged parent to seek court orders for custody of the child.(C)The use of cannabis, possession of cannabis, possession of cannabis products, possession of cannabis accessories, or possession, cultivation, harvesting, drying, or processing of cannabis by the childs parent or guardian or the presence of cannabinoid components or metabolites in the parents or guardians bodily fluids, including, but not limited to, the presence of cannabinoid components or metabolites in prenatal or postnatal testing.(3)Whenever it is alleged that a child comes within the jurisdiction of the court on the basis of the parents or guardians willful failure to provide adequate medical treatment or specific decision to provide spiritual treatment through prayer, the court shall give deference to the parents or guardians medical treatment, nontreatment, or spiritual treatment through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, by an accredited practitioner thereof, and shall not assume jurisdiction unless necessary to protect the child from suffering serious physical harm or illness. In making its determination, the court shall consider (1) the nature of the treatment proposed by the parent or guardian, (2) the risks to the child posed by the course of treatment or nontreatment proposed by the parent or guardian, (3) the risk, if any, of the course of treatment being proposed by the petitioning agency, and (4) the likely success of the courses of treatment or nontreatment proposed by the parent or guardian and agency. The child shall continue to be a dependent child pursuant to this subdivision only so long as is necessary to protect the child from risk of suffering serious physical harm or illness.(4)The Legislature finds and declares that a child who is sexually trafficked, as described in Section 236.1 of the Penal Code, or who receives food or shelter in exchange for, or who is paid to perform, sexual acts described in Section 236.1 or 11165.1 of the Penal Code, and whose parent or guardian failed to, or was unable to, protect the child, is within the description of this subdivision, and that this finding is declaratory of existing law. These children shall be known as commercially sexually exploited children.(c)The child is suffering serious emotional damage, or is at substantial risk of suffering serious emotional damage, evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, as a result of the conduct of the parent or guardian or who has no parent or guardian capable of providing appropriate care. A child shall not be found to be a person described by this subdivision if the willful failure of the parent or guardian to provide adequate mental health treatment is based on a sincerely held religious belief and if a less intrusive judicial intervention is available.(d)The child has been sexually abused, or there is a substantial risk that the child will be sexually abused, as defined in Section 11165.1 of the Penal Code, by the childs parent or guardian or a member of the childs household, or the parent or guardian has failed to adequately protect the child from sexual abuse when the parent or guardian knew or reasonably should have known that the child was in danger of sexual abuse.(e)The child is under five years of age and has suffered severe physical abuse by a parent, or by any person known by the parent, if the parent knew or reasonably should have known that the person was physically abusing the child. For the purposes of this subdivision, severe physical abuse means any of the following: any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, would cause permanent physical disfigurement, permanent physical disability, or death; any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness; or the willful, prolonged failure to provide adequate food. A child shall not be removed from the physical custody of the childs parent or guardian on the basis of a finding of severe physical abuse unless the social worker has made an allegation of severe physical abuse pursuant to Section 332.(f)The childs parent or guardian caused the death of another child through abuse or neglect.(g)The child has been left without any provision for support; physical custody of the child has been voluntarily surrendered pursuant to Section 1255.7 of the Health and Safety Code and the child has not been reclaimed within the 14-day period specified in subdivision (g) of that section; the childs parent has been incarcerated or institutionalized and cannot arrange for the care of the child; or a relative or other adult custodian with whom the child resides or has been left is unwilling or unable to provide care or support for the child, the whereabouts of the parent are unknown, and reasonable efforts to locate the parent have been unsuccessful.(h)The child has been freed for adoption by one or both parents for 12 months by either relinquishment or termination of parental rights or an adoption petition has not been granted.(i)The child has been subjected to an act or acts of cruelty by the parent or guardian or a member of the childs household, or the parent or guardian has failed to adequately protect the child from an act or acts of cruelty when the parent or guardian knew or reasonably should have known that the child was in danger of being subjected to an act or acts of cruelty.(j)The childs sibling has been abused or neglected, as defined in subdivision (a), (b), (d), (e), or (i), and there is a substantial risk that the child will be abused or neglected, as defined in those subdivisions. The court shall consider the circumstances surrounding the abuse or neglect of the sibling, the age and gender of each child, the nature of the abuse or neglect of the sibling, the mental condition of the parent or guardian, and any other factors the court considers probative in determining whether there is a substantial risk to the child.It is the intent of the Legislature that this section not disrupt the family unnecessarily or intrude inappropriately into family life, prohibit the use of reasonable methods of parental discipline, or prescribe a particular method of parenting. Further, this section is not intended to limit the offering of voluntary services to those families in need of assistance but who do not come within the descriptions of this section. To the extent that savings accrue to the state from child welfare services funding obtained as a result of the enactment of the act that enacted this section, those savings shall be used to promote services which support family maintenance and family reunification plans, such as client transportation, out-of-home respite care, parenting training, and the provision of temporary or emergency in-home caretakers and persons teaching and demonstrating homemaking skills. The Legislature further declares that a physical disability, such as blindness or deafness, is no bar to the raising of happy and well-adjusted children and that a courts determination pursuant to this section shall center upon whether a parents disability prevents the parent from exercising care and control. The Legislature further declares that a child whose parent has been adjudged a dependent child of the court pursuant to this section shall not be considered to be at risk of abuse or neglect solely because of the age, dependent status, or foster care status of the parent.As used in this section, guardian means the legal guardian of the child.A child who comes within any of the following descriptions is within the jurisdiction of the juvenile court which may adjudge that person to be a dependent child of the court:
(a)The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the childs parent or guardian. For purposes of this subdivision, a court may find there is a substantial risk of serious future injury based on the manner in which a less serious injury was inflicted, a history of repeated inflictions of injuries on the child or the childs siblings, or a combination of these and other actions by the parent or guardian that indicate the child is at risk of serious physical harm. For purposes of this subdivision, serious physical harm does not include reasonable and age-appropriate spanking to the buttocks if there is no evidence of serious physical injury.
(b)(1) The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of the any of the following:
(A)The failure or inability of the childs parent or guardian to adequately supervise or protect the child, or the child.
(B)The willful or negligent failure of the childs parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left, or by the left.
(C)The willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment, or by the treatment.
(D)The inability of the parent or guardian to provide regular care for the child due to the parents or guardians mental illness, developmental disability, or substance abuse. A
(2)A child shall not be found to be a person described by this subdivision solely due to the any of the following:
(A)The lack of an emergency shelter for the family. A child shall not be found to be a person described by this subdivision solely due to the
(B)The failure of the childs parent or alleged parent to seek court orders for custody of the child. Whenever
(C)The use of cannabis, possession of cannabis, possession of cannabis products, possession of cannabis accessories, or possession, cultivation, harvesting, drying, or processing of cannabis by the childs parent or guardian or the presence of cannabinoid components or metabolites in the parents or guardians bodily fluids, including, but not limited to, the presence of cannabinoid components or metabolites in prenatal or postnatal testing.
(3)Whenever it is alleged that a child comes within the jurisdiction of the court on the basis of the parents or guardians willful failure to provide adequate medical treatment or specific decision to provide spiritual treatment through prayer, the court shall give deference to the parents or guardians medical treatment, nontreatment, or spiritual treatment through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, by an accredited practitioner thereof, and shall not assume jurisdiction unless necessary to protect the child from suffering serious physical harm or illness. In making its determination, the court shall consider (1) the nature of the treatment proposed by the parent or guardian, (2) the risks to the child posed by the course of treatment or nontreatment proposed by the parent or guardian, (3) the risk, if any, of the course of treatment being proposed by the petitioning agency, and (4) the likely success of the courses of treatment or nontreatment proposed by the parent or guardian and agency. The child shall continue to be a dependent child pursuant to this subdivision only so long as is necessary to protect the child from risk of suffering serious physical harm or illness.
(2)(4)The Legislature finds and declares that a child who is sexually trafficked, as described in Section 236.1 of the Penal Code, or who receives food or shelter in exchange for, or who is paid to perform, sexual acts described in Section 236.1 or 11165.1 of the Penal Code, and whose parent or guardian failed to, or was unable to, protect the child, is within the description of this subdivision, and that this finding is declaratory of existing law. These children shall be known as commercially sexually exploited children.
(c)The child is suffering serious emotional damage, or is at substantial risk of suffering serious emotional damage, evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, as a result of the conduct of the parent or guardian or who has no parent or guardian capable of providing appropriate care. A child shall not be found to be a person described by this subdivision if the willful failure of the parent or guardian to provide adequate mental health treatment is based on a sincerely held religious belief and if a less intrusive judicial intervention is available.
(d)The child has been sexually abused, or there is a substantial risk that the child will be sexually abused, as defined in Section 11165.1 of the Penal Code, by the childs parent or guardian or a member of the childs household, or the parent or guardian has failed to adequately protect the child from sexual abuse when the parent or guardian knew or reasonably should have known that the child was in danger of sexual abuse.
(e)The child is under five years of age and has suffered severe physical abuse by a parent, or by any person known by the parent, if the parent knew or reasonably should have known that the person was physically abusing the child. For the purposes of this subdivision, severe physical abuse means any of the following: any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, would cause permanent physical disfigurement, permanent physical disability, or death; any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness; or the willful, prolonged failure to provide adequate food. A child shall not be removed from the physical custody of the childs parent or guardian on the basis of a finding of severe physical abuse unless the social worker has made an allegation of severe physical abuse pursuant to Section 332.
(f)The childs parent or guardian caused the death of another child through abuse or neglect.
(g)The child has been left without any provision for support; physical custody of the child has been voluntarily surrendered pursuant to Section 1255.7 of the Health and Safety Code and the child has not been reclaimed within the 14-day period specified in subdivision (g) of that section; the childs parent has been incarcerated or institutionalized and cannot arrange for the care of the child; or a relative or other adult custodian with whom the child resides or has been left is unwilling or unable to provide care or support for the child, the whereabouts of the parent are unknown, and reasonable efforts to locate the parent have been unsuccessful.
(h)The child has been freed for adoption by one or both parents for 12 months by either relinquishment or termination of parental rights or an adoption petition has not been granted.
(I)(i)The child has been subjected to an act or acts of cruelty by the parent or guardian or a member of the childs household, or the parent or guardian has failed to adequately protect the child from an act or acts of cruelty when the parent or guardian knew or reasonably should have known that the child was in danger of being subjected to an act or acts of cruelty.
(j)The childs sibling has been abused or neglected, as defined in subdivision (a), (b), (d), (e), or (i), and there is a substantial risk that the child will be abused or neglected, as defined in those subdivisions. The court shall consider the circumstances surrounding the abuse or neglect of the sibling, the age and gender of each child, the nature of the abuse or neglect of the sibling, the mental condition of the parent or guardian, and any other factors the court considers probative in determining whether there is a substantial risk to the child.
It is the intent of the Legislature that this section not disrupt the family unnecessarily or intrude inappropriately into family life, prohibit the use of reasonable methods of parental discipline, or prescribe a particular method of parenting. Further, this section is not intended to limit the offering of voluntary services to those families in need of assistance but who do not come within the descriptions of this section. To the extent that savings accrue to the state from child welfare services funding obtained as a result of the enactment of the act that enacted this section, those savings shall be used to promote services which support family maintenance and family reunification plans, such as client transportation, out-of-home respite care, parenting training, and the provision of temporary or emergency in-home caretakers and persons teaching and demonstrating homemaking skills. The Legislature further declares that a physical disability, such as blindness or deafness, is no bar to the raising of happy and well-adjusted children and that a courts determination pursuant to this section shall center upon whether a parents disability prevents the parent from exercising care and control. The Legislature further declares that a child whose parent has been adjudged a dependent child of the court pursuant to this section shall not be considered to be at risk of abuse or neglect solely because of the age, dependent status, or foster care status of the parent.
As used in this section, guardian means the legal guardian of the child.
|
Date
|
Status
|
|---|---|
| Sep 6, 2022 | Chaptered by Secretary of State - Chapter 260, Statutes of 2022. |
| Sep 6, 2022 | Approved by the Governor. |
| Aug 31, 2022 | Enrolled and presented to the Governor at 9:30 p.m. |
| Aug 24, 2022 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 24, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 4. Page 5097.). |
| Aug 2, 2022 | Read second time. Ordered to third reading. |
| Aug 1, 2022 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 22, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (June 21). Re-referred to Com. on APPR. |
| Jun 14, 2022 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0.) (June 13). Re-referred to Com. on JUD. |
| Jun 1, 2022 | Referred to Coms. on HUMAN S. and JUD. |
| May 26, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 25, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 9. Page 4913.) |
| May 12, 2022 | Read second time. Ordered to third reading. |
| May 11, 2022 | From committee: Do pass. (Ayes 12. Noes 3.) (May 11). |
| Apr 27, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 26). Re-referred to Com. on APPR. |
| Mar 31, 2022 | Re-referred to Com. on HUM. S. |
| Mar 30, 2022 | Read second time and amended. |
| Mar 29, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on HUM. S. (Ayes 8. Noes 0.) (March 29). |
| Mar 24, 2022 | Re-referred to Com. on JUD. |
| Mar 23, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. |
| Mar 10, 2022 | Referred to Coms. on JUD. and HUM. S. |
| Feb 19, 2022 | From printer. May be heard in committee March 21. |
| Feb 18, 2022 | Introduced. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 24, 2022 | Assembly 3rd Reading AB2595 Jones-Sawyer By Caballero | Senate Floor |
Passed |
|
| May 25, 2022 | AB 2595 Jones-Sawyer Assembly Third Reading | Assembly Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Bill Author
Bill Co-Author(s):