SB 463: Dependent children.

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 requires the court to make a determination, throughout various hearings in the juvenile dependency process, including at the 6-month review hearing, the 12-month permanency hearing, and subsequent permanency review hearings, as to whether the return of the child to their parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. Under existing law, the failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs is considered prima facie evidence at these hearings that return would be detrimental.

This bill would delete these provisions requiring the failure of the parent or legal guardian to participate regularly and make substantive progress in court-ordered treatment programs to be considered prima facie evidence at specified review hearings.

This bill would incorporate additional changes to Section 366.22 of the Welfare and Institutions Code proposed by AB 937 to be operative only if this bill and AB 937 are enacted and this bill is enacted last.