AB 1689: Juvenile courts: temporary probate guardianship.

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. subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance to, and a minor under 12 years of age who is alleged to have committed specified serious offenses to, the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court.

Existing law requires, unless waived for good cause, a court investigator, probation officer, or domestic relations investigator to make an investigation and file with the probate court a report and recommendation concerning each proposed guardianship of the person or guardianship of the estate. Existing law authorizes, in specified circumstances, the court to refer the matter, in writing, to the local child welfare agency to initiate an investigation, and requires the referral to include a summary of the reasons for the referral and authorizes the inclusion of a copy of the petition, the investigators report, and any other material information. If the juvenile court commences dependency proceedings, the guardianship proceedings are stayed, and if the juvenile court does not commence dependency proceedings, the probate court retains jurisdiction to hear and determine the guardianship petition.