SB 578: Juvenile court: dependents: removal.

Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents 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 a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of the childs parents or guardian. Existing law requires the court, at the initial petition hearing, to examine the childs parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence, and order the release of the child from custody unless a prima facie showing has been made that the child comes within the courts jurisdiction, the court finds that continuance in the parents or guardians home is contrary to the childs welfare, and any of a number of circumstances exist. Existing law requires the social worker to report to the court on the reasons why the child has been removed from the parents, guardians, or Indian custodians physical custody, the need, if any, for continued detention, and the available services and the referral methods to those services that could facilitate the return of the child to the custody of the childs parents, among other things.

This bill would require the social workers report to also include information regarding the short-term and long-term harms to the child that may result from their removal, including the childs perspective on removal, the existing relationship between the child and members of the household, and the disruption to the childs schooling, social relationships, and physical or emotional health that may result from placement out of the home, and in the case of an Indian child, the childs connection to their tribe, extended family members, and tribal community. The bill would also require the social workers report to include placement options, including an assessment of the least disruptive alternatives to returning the child to the custody of their parent, guardian, or Indian custodian, and other measures that may be taken to alleviate disruption and minimize the harms of removal. The bill would require the court to determine whether less disruptive alternatives to removal were considered, as specified. The bill would, if the court finds that removal is necessary, require the court to set forth, in a written order or on the record, the childs placement and the basis for its findings, whether the placement complies with specified placement preferences, and would require the court to include any orders necessary to alleviate any disruption or harm to the child resulting from removal. By imposing additional duties on counties, the bill would impose a state-mandated local program.

This bill would incorporate additional changes to Section 319 of the Welfare and Institutions Code proposed by AB 81 and AB 448 to be operative only if this bill and AB 81, this bill and AB 448, or all 3 bills 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.