AB 937: Dependency: family reunification services.

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 illness as a result of the failure or inability of their parent or guardian to adequately supervise or protect the child. Existing law establishes the grounds for removal of a dependent child from the custody of the childs parents or guardian and generally requires the court to order the social worker to provide designated child welfare services, including family reunification services, which are to be provided up to 12 months from the date the child entered foster care.

Existing law authorizes the court-ordered services to be extended up to another 6 months at the 12-month permanency hearing if the court finds that there is a substantial probability that the child will be returned to the physical custody of the parent or guardian within the extended time period, or that reasonable services have not been provided to the parent or guardian, and requires the court to specify the factual basis for its conclusion that there is that substantial probability. Existing law similarly authorizes the court-ordered services to be extended up to another 6 months at the 18-month permanency hearing for specified parents if the court finds that it is in the best interest of the child to have the time extended and there is a substantial probability that the child will be returned to the physical custody of the parent or guardian within the extended time period, or that reasonable services have not been provided to the parent or guardian, and requires the court to specify the factual basis for its conclusion that there is that substantial probability.

This bill would clarify that the court shall also specify its factual basis for its conclusion that either reasonable services have not been provided to the parent or guardian or, in the case of an Indian child, that active efforts to reunite the child with their family have not been made if the court extends the services on either basis. The bill would also require the court to extend reunification services for an additional 6 months if the court determines at the 18-month permanency hearing that reasonable services have not been provided, except as specified, or that, in the case of an Indian child, active efforts to reunite the child with their family have not been made. By imposing additional duties on counties, this bill would impose a state-mandated local program.

This bill would incorporate additional changes to Section 366.22 of the Welfare and Institutions Code proposed by SB 463 to be operative only if this bill and SB 463 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.