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 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.

Existing law authorizes the juvenile court to terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under the above-described provisions authorizing a juvenile court to adjudge children as dependents or wards, and subjects those proceedings to specified notice requirements.

This bill would authorize the juvenile court to terminate or modify temporary probate guardianships at any hearing without further notice, if specified requirements are met, including, but not limited to, when in the best interests of the minor.

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 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.

Existing law authorizes the juvenile court to terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under the above-described provisions authorizing a juvenile court to adjudge children as dependents or wards, and subjects those proceedings to specified notice requirements.

This bill would authorize the juvenile court to terminate or modify temporary probate guardianships at any hearing without further notice, if specified requirements are met, including, but not limited to, when in the best interests of the minor.

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 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.

Existing law authorizes the juvenile court to terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under the above-described provisions authorizing a juvenile court to adjudge children as dependents or wards, and subjects those proceedings to specified notice requirements.

This bill would authorize the juvenile court to terminate or modify temporary probate guardianships at any hearing without further notice notice, if specified requirements are met, including, but not limited to, when in the best interests of the minor.

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.

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.

Under existing law, the appointment of a temporary probate guardian or delay attributable to a child welfare investigation does not preclude the juvenile court from ordering the social worker to commence dependency proceedings or from hearing and determining a petition.

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.

Under existing law, the appointment of a temporary probate guardian or delay attributable to a child welfare investigation does not preclude the juvenile court from ordering the social worker to commence dependency proceedings or from hearing and determining a petition.

This bill would require, if the probate court has appointed a temporary guardian, the appointment to automatically expire upon the juvenile court conducting an initial petition hearing. If the juvenile court orders the child detained, the bill would grant the court discretion to order placement of the child with an emergency caretaker, as specified.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1689

Author:(Quirk-Silva)

As Amended Ver:August 20, 2026

Majority vote

SUMMARY

Allows a dependency court to terminate or modify a temporary probate guardianship at any regularly scheduled hearing without the required notice if notice of the hearing was given as required and the court determines, based on specified evidence, that termination is in the best interest of the minor.

Senate Amendments

Streamline the bill's provisions to conform with an existing provision of the Welfare and Institutions Code.

COMMENTS

In circumstances where one or both parents struggle to provide care for their child, there are a number of potential courts that may make orders regarding the custody and care of the minor. A parent or another party may seek a temporary or full guardianship in probate court, which would grant an adult other than the parent custody of the child without terminating the parents' parental rights. In cases involving abuse or neglect, a case may be initiated in dependency court. On occasion, the two courts overlap where a probate court has made an order for temporary guardianship and, in the course of conducting the statutorily mandated investigation of the temporary guardian, determines the child meets the standards provided in Welfare and Institutions Code 300 making the child potentially a dependent of the court. In these matters, governed by Probate Code Section 1513, a probate judge may refer the guardianship case to the dependency court.

Additionally, existing law provides guidance for circumstances where a party has applied to the social worker to begin juvenile court proceedings and the social worker has failed to file the petition in court within three weeks after the application. In these circumstances, the applicant can request that the juvenile court review the social worker's decision and the court may then direct the social worker to begin dependency proceedings. (Welfare and Institutions Code Section 331(a).) Welfare and Institutions Code Section 331(b) provides a similar review process where a probate court has referred a matter to a child welfare agency and the agency has failed to initiate dependency proceedings. These types of proceedings are referred to as the delayed-review pathway.

These circumstances also provide opportunity for confusion and conflicting jurisdiction. For example, if a probate court has issued a temporary guardianship that is still in effect at the time the dependency court hears the matter, it appears that the dependency court's hands are tied when determining the best placement for the child. While the matter has been referred over by the probate court to the dependency court, where the dependency court is typically tasked with ordering the appropriate placement for the child, there is no statutory mechanism to address the existing temporary guardianship order.

This bill seeks to remedy this potential confusion. The bill amends Welfare and Institutions Code Section 728, which authorizes juvenile courts to terminate or modify a probate guardianship if the minor is under the jurisdiction of the dependency court and with 45 days' notice to the parties, to explicitly also authorize the court to terminate or modify a temporary guardianship without 45-days' notice at any hearing if notice of the specific hearing was given as required, the notice informs the parties that termination or modification of the temporary guardianship may occur at the hearing, and the juvenile court determines, based certain evidence, that termination or modification is in the best interest of the child.

According to the Author

When a child enters the dependency system, courts need to be able to act quickly to ensure that child receives the services, support, and stability they need. AB 1689 provides a simple procedural clarification that helps prevent unnecessary delays when a child transitions from a temporary probate guardianship into the dependency system, allowing courts to focus on what matters most, which is the best interests of the child.

Arguments in Support

This bill is sponsored by the Alliance for Children's Rights. In support of their bill the Alliance for Children's Rights submits:

Under Probate Code section 1513(b), the probate court may refer a proposed guardianship to the local child welfare agency when the circumstances suggest the child may be described by WIC section 300. If the agency files a dependency petition, the case moves to juvenile court. Current law authorizes the juvenile court to terminate or modify Probate Code guardianships once a minor is the subject of a section 300 petition, but courts are restricted from acting to modify or terminate guardianships without providing currently required 45 days' advance notice. That framework is appropriate for permanent guardianship modifications. It is unworkable for temporary guardianships, which under Probate Code section 2257 terminate by operation of law 30 days after appointment unless the probate court extends them for good cause. The required notice period is longer than the guardianship itself.

When a dependency attorney asks the juvenile court at an early hearing to resolve the temporary guardianship so placement and support decisions can proceed, counties may, and do, object that section 294 notice must first run. The juvenile court may then be unable or unwilling to act at precisely the moment when stabilizing the child's placement is most urgent. This typically means pausing the proceedings until the temporary guardianship expires. The consequences then include delayed placement orders, barriers to emergency caregiver funding, stalled Resource Family Approval steps, and legal uncertainty for caregivers who have stepped forward to care for the child.

AB 1689 eliminates that mismatch for the temporary guardianship context without disturbing the procedural protections that apply to established, permanent guardianships. Notice requirements are preserved for all permanent guardianship actions. Any termination of a temporary guardianship under the new exception remains subject to a best interest finding by the court.

Arguments in Opposition

None on file

FISCAL COMMENTS

None

VOTES:

ASM JUDICIARY: 12-0-0

YES: Kalra, Macedo, Bauer-Kahan, Bryan, Connolly, Dixon, Harabedian, Pacheco, Papan, Sanchez, Stefani, Zbur

ASM HUMAN SERVICES: 7-0-0

YES: Lee, Castillo, Calderon, Elhawary, Jackson, Solache, Tangipa

ASSEMBLY FLOOR: 74-0-6

YES: Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Solache, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wilson, Zbur, Rivas

ABS, ABST OR NV: Addis, Hadwick, Celeste Rodriguez, Sharp-Collins, Soria, Wicks

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

ABS, ABST OR NV: Alvarado-Gil

UPDATED

VERSION: August 20, 2026

CONSULTANT: Manuela Boucher-de la Cadena / JUD. / (916) 319-2334 FN: 0004004

 THIRD READING  

Bill No: AB 1689

Author: Quirk-Silva (D)

Amended: 8/20/26 in Senate

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/29/26

AYES: Becker, Ochoa Bogh, Laird, Pérez, Weber Pierson

SENATE PUBLIC SAFETY COMMITTEE: 6-0, 6/30/26

AYES: Arreguín, Seyarto, Caballero, Cortese, Pérez, Wiener

SENATE FLOOR: 39-0, 8/10/26 (Consent)

AYES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

NO VOTE RECORDED: Alvarado-Gil

ASSEMBLY FLOOR: 74-0, 4/23/26 (Consent) - See last page for vote

SUBJECT: Juvenile courts: temporary probate guardianship

SOURCE: Author

DIGEST:

This bill allows a dependency court to terminate temporary probate guardianship at any hearing if it is in the best interests of the minor.

Senate floor amendments of 8/20/26 clarify that the parties are told the guardianship could be terminated or modified at the juvenile court hearing and that the judge’s best-interest finding has to be based on a court report or other evidence.

ANALYSIS:

Existing Law:

1. Outlines who may file a petition for guardianship and specifies that any relative or other person on behalf of a minor (or the minor themselves if 12 years of age or older) may file a petition to appoint a guardian of the person, estate, or both. Requires the petition to include the names and addresses of parents, legal custodians, and relatives within the second degree. (Probate Code [PROB] § 1510)
2. Authorizes the appointment of a temporary guardian if the court finds there is good cause. Specifies this can only be filed on or after a petition for a permanent guardian has been made, pursuant to 1) above. (PROB § 2250(a-b))
3. Requires a notice of the hearing for the appointment of a guardian be given to specific parties, including a minor 12 years of age or older, parents, and any person having legal custody or serving as the guardian. (PROB § 1511 (b))
4. Outlines the process for the court to refer a minor to the county child welfare services agency (county) if there is a concern that the child has been or is at risk of being abused or neglected. Requires the probate court, if a proposed ward is suspected of being abused or neglected, to refer the matter in writing to the county. Requires, upon receiving the referral, the county to immediately investigate to determine if juvenile dependency proceedings should be started. Requires the county to generally report its findings and conclusions back to the probate court within three weeks. Prohibits the probate court from determining the guardianship petition until the county has completed its investigation and submitted its report. (PROB § 1513(b))
5. Establishes the standards and timelines for the appointment of a guardian, which includes requiring the court to wait for investigations to be completed before a guardian can be appointed. Requires the court to act in the best interest of the child and mandates specific screening requirements for the proposed guardian to ensure the safety and well-being of the minor. (PROB § 1514 and 1516)
6. Establishes procedures and criteria for the initial detention hearing of a child taken into temporary custody. Requires the court to order the release of the child unless there is prima facie showing that the child has been abused or neglected. (Welfare and Institutions Code [WIC] § 319)
7. Establishes the process for a person or the probate court to request that a social worker investigate whether a child should be made a dependent of the court due to abuse or neglect. Requires, upon the application or a referral from the probate court, the social worker to immediately investigate. Provides the social worker three weeks to receive the application or referral to decide whether to file a dependency petition. (WIC § 329)
8. Governs the procedures that allow individuals to ask the juvenile court to review a social worker’s decision not to file a petition for dependency, after they have already requested such an investigation under existing law in 7) above. (WIC § 331)

This bill allows a dependency court to terminate or modify a probate guardianship at any regularly scheduled hearing without the 45 days’ notice usually required in probate court, if notice of the hearing was given as required in dependency court, that notice informs the parties that termination or modification of the temporary guardianship may occur at the hearing, and the juvenile court determines, based on a court report submitted for the hearing or any other evidence presented, that termination or modification is in the best interests of the minor.

Comments

According to the author, “When a child enters the dependency system, courts need to be able to act quickly to ensure that child receives the services, support, and stability they need. AB 1689 provides a simple procedural clarification that helps prevent unnecessary delays when a child transitions from a temporary probate guardianship into the dependency system, allowing courts to focus on what matters most, which is the best interests of the child.”

Child Welfare System (CWS). CWS is the system of intervention of child abuse and neglect. This system provides services to children who have been abused or neglected and their families. The goal of this system is to keep children in their home when it is safe, and when the child is at risk, to develop an alternative plan as quickly as possible^[1]. Social workers in each county receive reports of abuse or neglect, and work to investigate and resolve those reports. When the investigation substantiates the allegations of abuse or neglect, a family is either provided with services to ensure a child’s well-being and avoid court involvement, or a child is removed from the family and placed into foster care. In 2025, the state’s child welfare agencies received 398,861 reports of abuse or neglect. Of these, 45,856 reports contained substantiated allegations, and 17,886 children were removed from their homes and placed into foster care via CWS.

Temporary Probate Guardianship. A parent who is unable to care for their child temporarily may make arrangements for the child to be cared for by another adult, but custody cannot be given to another adult without a court order. Probate guardianship is a court-ordered relationship that gives an adult legal and physical custody of a child. That adult becomes the guardian and has the right to make parental decisions about the child’s care, residence, education and medical treatment. Probate guardianship does not automatically terminate parental rights; it only transfers custody. This arrangement may occur in cases where parents cannot take care of their children, but the dependency system is not yet involved. This bill seeks to address the issue of when there is a probate guardianship and then a dependency case involving the same child is opened, resulting in dual jurisdiction over the same child. This bill will allow, at any dependency hearing, for the dependency court to terminate the temporary probate guardianship without having to provide a 45-day notice to the parties. Having a minor be involved in both probate guardianship and a dependency case can result in conflicting court orders, delays, and limit access to services and supports.

Related/Prior Legislation

AB 260 (Stone, Chapter 578, Statutes of 2021) established processes to ensure abused or neglected children are not improperly diverted into probate guardianships in lieu of the foster care system and required the Judicial Council to develop a form regarding the differences between probate guardianships and the foster care system.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 8/21/26)

Alliance for Children’s Rights (sponsor)

OPPOSITION: (Verified 8/21/26)

None received

ASSEMBLY FLOOR: 74-0, 4/23/26

AYES: Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Solache, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wilson, Zbur, Rivas

NO VOTE RECORDED: Addis, Hadwick, Celeste Rodriguez, Sharp-Collins, Soria, Wicks

Prepared by: Heather Hopkins / HUMAN S. / (916) 651-1524

8/24/26 14:06:37

**** END ****

1. https://www.cdss.ca.gov/inforesources/child-welfare-protection/policies ↑

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1689

Author:(Quirk-Silva)

As Amended Ver:June 4, 2026

Majority vote

SUMMARY

Allows a dependency court to terminate or modify a temporary probate guardianship at any regularly scheduled hearing without the required notice if it is in the best interest of the minor.

Major Provisions

Senate Amendments

Streamline the bill's provisions to conform with an existing provision of the Welfare and Institutions Code.

COMMENTS

In circumstances where one or both parents struggle to provide care for their child, there are a number of potential courts that may make orders regarding the custody and care of the minor. A parent or another party may seek a temporary or full guardianship in probate court, which would grant an adult other than the parent custody of the child without terminating the parents' parental rights. In cases involving abuse or neglect, a case may be initiated in dependency court. On occasion, the two courts overlap where a probate court has made an order for temporary guardianship and, in the course of conducting the statutorily mandated investigation of the temporary guardian, determines the child meets the standards provided in Welfare and Institutions Code 300 making the child potentially a dependent of the court. In these matters, governed by Probate Code Section 1513, a probate judge may refer the guardianship case to the dependency court.

Additionally, existing law provides guidance for circumstances where a party has applied to the social worker to begin juvenile court proceedings and the social worker has failed to file the petition in court within three weeks after the application. In these circumstances, the applicant can request that the juvenile court review the social worker's decision and the court may then direct the social worker to begin dependency proceedings. (Welfare and Institutions Code Section 331(a).) Welfare and Institutions Code Section 331(b) provides a similar review process where a probate court has referred a matter to a child welfare agency and the agency has failed to initiate dependency proceedings. These types of proceedings are referred to as the delayed-review pathway.

These circumstances also provide opportunity for confusion and conflicting jurisdiction. For example, if a probate court has issued a temporary guardianship that is still in effect at the time the dependency court hears the matter, it appears that the dependency court's hands are tied when determining the best placement for the child. While the matter has been referred over by the probate court to the dependency court, where the dependency court is typically tasked with ordering the appropriate placement for the child, there is no statutory mechanism to address the existing temporary guardianship order.

This bill seeks to remedy this potential confusion. The bill amends Welfare and Institutions Code Section 728, which authorizes juvenile courts to terminate or modify a probate guardianship if the minor is under the jurisdiction of the dependency court and with 45 days notice to the parties, to explicitly also authorize the court to terminate or modify a temporary guardianship without the existing notice requirements if it is in the best interest of the child.

According to the Author

When a child enters the dependency system, courts need to be able to act quickly to ensure that child receives the services, support, and stability they need. AB 1689 provides a simple procedural clarification that helps prevent unnecessary delays when a child transitions from a temporary probate guardianship into the dependency system, allowing courts to focus on what matters most, which is the best interests of the child.

Arguments in Support

This bill is sponsored by the Alliance for Children's Rights. In support of their bill the Alliance for Children's Rights submits:

Under Probate Code section 1513(b), the probate court may refer a proposed guardianship to the local child welfare agency when the circumstances suggest the child may be described by WIC section 300. If the agency files a dependency petition, the case moves to juvenile court. Current law authorizes the juvenile court to terminate or modify Probate Code guardianships once a minor is the subject of a section 300 petition, but courts are restricted from acting to modify or terminate guardianships without providing currently required 45 days' advance notice. That framework is appropriate for permanent guardianship modifications. It is unworkable for temporary guardianships, which under Probate Code section 2257 terminate by operation of law 30 days after appointment unless the probate court extends them for good cause. The required notice period is longer than the guardianship itself.

When a dependency attorney asks the juvenile court at an early hearing to resolve the temporary guardianship so placement and support decisions can proceed, counties may, and do, object that section 294 notice must first run. The juvenile court may then be unable or unwilling to act at precisely the moment when stabilizing the child's placement is most urgent. This typically means pausing the proceedings until the temporary guardianship expires. The consequences then include delayed placement orders, barriers to emergency caregiver funding, stalled Resource Family Approval steps, and legal uncertainty for caregivers who have stepped forward to care for the child.

AB 1689 eliminates that mismatch for the temporary guardianship context without disturbing the procedural protections that apply to established, permanent guardianships. Notice requirements are preserved for all permanent guardianship actions. Any termination of a temporary guardianship under the new exception remains subject to a best interest finding by the court.

Arguments in Opposition

None on file

FISCAL COMMENTS

None

VOTES:

ASM JUDICIARY: 12-0-0

YES: Kalra, Macedo, Bauer-Kahan, Bryan, Connolly, Dixon, Harabedian, Pacheco, Papan, Sanchez, Stefani, Zbur

ASM HUMAN SERVICES: 7-0-0

YES: Lee, Castillo, Calderon, Elhawary, Jackson, Solache, Tangipa

ASSEMBLY FLOOR: 74-0-6

YES: Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Solache, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wilson, Zbur, Rivas

ABS, ABST OR NV: Addis, Hadwick, Celeste Rodriguez, Sharp-Collins, Soria, Wicks

UPDATED

VERSION: June 4, 2026

CONSULTANT: Manuela Boucher / JUD. / (916) 319-2334 FN: 0003335

 CONSENT  

Bill No: AB 1689

Author: Quirk-Silva (D)

Amended: 6/4/26 in Senate

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/29/26

AYES: Becker, Ochoa Bogh, Laird, Pérez, Weber Pierson

SENATE PUBLIC SAFETY COMMITTEE: 6-0, 6/30/26

AYES: Arreguín, Seyarto, Caballero, Cortese, Pérez, Wiener

ASSEMBLY FLOOR: 74-0, 4/23/26 (Consent) - See last page for vote

SUBJECT: Juvenile courts: temporary probate guardianship

SOURCE: Alliance for Children’s Rights

DIGEST:

This bill allows a dependency court to terminate temporary probate guardianship at any hearing if it is in the best interests of the minor.

ANALYSIS:

Existing Law:

1. Outlines who may file a petition for guardianship and specifies that any relative or other person on behalf of a minor (or the minor themselves if 12 years of age or older) may file a petition to appoint a guardian of the person, estate, or both. Requires the petition to include the names and addresses of parents, legal custodians, and relatives within the second degree. (Probate Code [PROB] § 1510)
2. Authorizes the appointment of a temporary guardian if the court finds there is good cause. Specifies this can only be filed on or after a petition for a permanent guardian has been made, pursuant to 1) above. (PROB § 2250(a-b))
3. Requires a notice of the hearing for the appointment of a guardian be given to specific parties, including a minor 12 years of age or older, parents, and any person having legal custody or serving as the guardian. (PROB § 1511 (b))
4. Outlines the process for the court to refer a minor to the county child welfare services agency (county) if there is a concern that the child has been or is at risk of being abused or neglected. Requires the probate court, if a proposed ward is suspected of being abused or neglected, to refer the matter in writing to the county. Requires, upon receiving the referral, the county to immediately investigate to determine if juvenile dependency proceedings should be started. Requires the county to generally report its findings and conclusions back to the probate court within three weeks. Prohibits the probate court from determining the guardianship petition until the county has completed its investigation and submitted its report. (PROB § 1513(b))
5. Establishes the standards and timelines for the appointment of a guardian, which includes requiring the court to wait for investigations to be completed before a guardian can be appointed. Requires the court to act in the best interest of the child and mandates specific screening requirements for the proposed guardian to ensure the safety and well-being of the minor. (PROB § 1514 and 1516)
6. Establishes procedures and criteria for the initial detention hearing of a child taken into temporary custody. Requires the court to order the release of the child unless there is prima facie showing that the child has been abused or neglected. (Welfare and Institutions Code [WIC] § 319)
7. Establishes the process for a person or the probate court to request that a social worker investigate whether a child should be made a dependent of the court due to abuse or neglect. Requires, upon the application or a referral from the probate court, the social worker to immediately investigate. Provides the social worker three weeks to receive the application or referral to decide whether to file a dependency petition. (WIC § 329)
8. Governs the procedures that allow individuals to ask the juvenile court to review a social worker’s decision not to file a petition for dependency, after they have already requested such an investigation under existing law in 7) above. (WIC § 331)

This bill allows a dependency court to terminate or modify a probate guardianship at any regularly scheduled hearing without the 45 days’ notice usually required, if it is in the best interests of the minor.

Comments

According to the author, “When a child enters the dependency system, courts need to be able to act quickly to ensure that child receives the services, support, and stability they need. AB 1689 provides a simple procedural clarification that helps prevent unnecessary delays when a child transitions from a temporary probate guardianship into the dependency system, allowing courts to focus on what matters most, which is the best interests of the child.”

Child Welfare System (CWS). CWS is the system of intervention of child abuse and neglect. This system provides services to children who have been abused or neglected and their families. The goal of this system is to keep children in their home when it is safe, and when the child is at risk, to develop an alternative plan as quickly as possible^[1]. Social workers in each county receive reports of abuse or neglect, and work to investigate and resolve those reports. When the investigation substantiates the allegations of abuse or neglect, a family is either provided with services to ensure a child’s well-being and avoid court involvement, or a child is removed from the family and placed into foster care. In 2025, the state’s child welfare agencies received 398,861 reports of abuse or neglect. Of these, 45,856 reports contained substantiated allegations, and 17,886 children were removed from their homes and placed into foster care via CWS.

Temporary Probate Guardianship. A parent who is unable to care for their child temporarily may make arrangements for the child to be cared for by another adult, but custody cannot be given to another adult without a court order. Probate guardianship is a court-ordered relationship that gives an adult legal and physical custody of a child. That adult becomes the guardian and has the right to make parental decisions about the child’s care, residence, education and medical treatment. Probate guardianship does not automatically terminate parental rights; it only transfers custody. This arrangement may occur in cases where parents cannot take care of their children, but the dependency system is not yet involved. This bill seeks to address the issue of when there is a probate guardianship and then a dependency case involving the same child is opened, resulting in dual jurisdiction over the same child. This bill will allow, at any dependency hearing, for the dependency court to terminate the temporary probate guardianship without having to provide a 45-day notice to the parties. Having a minor be involved in both probate guardianship and a dependency case can result in conflicting court orders, delays, and limit access to services and supports.

Related/Prior Legislation:

AB 260 (Stone, Chapter 578, Statutes of 2021) established processes to ensure abused or neglected children are not improperly diverted into probate guardianships in lieu of the foster care system and required the Judicial Council to develop a form regarding the differences between probate guardianships and the foster care system.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 7/27/26)

Alliance for Children’s Rights (sponsor)

OPPOSITION: (Verified 7/27/26)

None received

ASSEMBLY FLOOR: 74-0, 4/23/26

AYES: Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Solache, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wilson, Zbur, Rivas

NO VOTE RECORDED: Addis, Hadwick, Celeste Rodriguez, Sharp-Collins, Soria, Wicks

Prepared by: Heather Hopkins / HUMAN S. / (916) 651-1524

7/30/26 14:49:18

**** END ****

1. https://www.cdss.ca.gov/inforesources/child-welfare-protection/policies ↑

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Jesse Arreguín, Chair

2025 - 2026 Regular

Bill No: AB 1689 Hearing Date: June 30, 2026

Subject: Juvenile courts: temporary probate guardianship

HISTORY

Source: Alliance for Children’s Rights

Prior Legislation: AB 260 (Stone), Ch. 578, Stats. of 2021.

AB 2124 (Stone), not heard in Assembly Judiciary, 2020

AB 1757 (Fletcher), Ch. 638, Stats. of 2012

Support: Unknown

Opposition: None known

Assembly Floor Vote: 74 - 0

PURPOSE

The purpose of this bill is to authorize a juvenile court to terminate or suspend a temporary guardianship at an initial dependency hearing, without advance notice, to the extent necessary to allow the juvenile court to exercise its own authority.

Existing law requires a court investigator, probation officer, or domestic relations office to make an investigation and file with the court a report and recommendation concerning each proposed guardianship of the person or guardianship of the estate, unless waived by the court for good cause. (Prob. Code, § 1513, subd. (a).)

Existing law authorizes the court, if the proposed ward is determined to be a dependent of the state, to refer the matter, in writing, to the local child welfare agency to initiate an investigation, as specified. (Prob. Code, § 1513, subd. (b).)

Existing law requires guardianship proceedings to be stayed if the juvenile court commences dependency proceedings. (Prob. Code, § 1513, subd. (b)(5).)

Existing law requires the court to review the required report provided by the social worker on the reasons why the child has been removed from the parent’s, guardian’s, or Indian custodian’s physical custody, and examine the child’s parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence as the child, the child’s parents or guardians, the child’s Indian custodian, the petitioner, the Indian child’s tribe, or their counsel desires to present. Authorizes the court to examine the child, as specified. (Welf. & Inst. Code, § 319, subd. (a).)

Existing law authorizes a person who has applied to the social worker to commence juvenile court proceedings within one month of application, if the social worker does not file a petition within three weeks after the application, to apply to the juvenile court to review the decision of the social worker, and authorizes the court to either affirm the decision of the social worker or, if it finds that the child is, prima facie, a dependent of the court, order the social worker to commence juvenile court proceedings. (Welf. & Inst. Code, § 331, subd. (a).)

Existing law authorizes the probate court or counsel appointed by the probate court, if the court has referred a matter to the child welfare agency and the agency has not filed a petition to commence juvenile court proceedings within three weeks of the referral, to within one month of the referral, request that the juvenile court review the decision of the social worker not to file the petition. (Welf. & Inst. Code, § 331, subd. (b).)

Existing law prevents either the appointment of a temporary probate guardian or any delay attributable to the child welfare investigation from precluding the juvenile court from ordering the social worker to commence dependency proceedings or from hearing and determining a petition alleging that the child is a dependent of the court. (Welf. & Inst. Code, § 331, subd. (b)(1).)

Existing law authorizes the juvenile court to terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under sections 300, 601, or 602 of the Welfare and Institutions Code, which allow for a minor in physical danger, a minor who habitually fails to obey their guardian, or a minor who violates any criminal law, respectively, to be made a ward of the juvenile court. (Welf. & Inst. Code, § 728, subd. (a).)

Existing law requires that where a juvenile court terminates or modifies guardianship as described above, at least 45 days before the hearing date, the social worker or probation officer must typically give notice of the hearing to the mother; the fathers, presumed and alleged; the Indian custodian, if it is known or there is reason to know that the child is an Indian child; the child, if the child is 10 years of age or older; the child’s tribe, if known; any known sibling of the child who is the subject of the hearing if that sibling either is the subject of a dependency proceeding or has been adjudged to be a dependent child of the juvenile court; the grandparents of the child, if their address is known and if the parent’s whereabouts are unknown; all counsel of record; any unknown parent by publication, if ordered by the court; the current caregiver of the child, including foster parents, relative caregivers, preadoptive parents, nonrelative extended family members, or resource family. States that any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing. (Welf. & Inst. Code, § 294.)

Existing law states that if the juvenile court decides to terminate or modify a guardianship previously established under the Probate Code, the juvenile court must provide notice of that decision to the court in which the guardianship was originally established. (Welf. & Inst. Code, § 728, subd. (b).)

This bill authorizes the juvenile court at the initial petition hearing, when a matter is referred from the probate court where the probate court has appointed a temporary guardian, to issue an order to terminate or suspend the temporary guardianship to the extent necessary to allow the juvenile court to exercise its authority, upon the written or oral motion of any party in the case or the court’s own motion, if the court finds the order is in the best interest of the child.

COMMENTS

Need for This Bill

The author writes:

Children involved in juvenile court proceedings deserve timely decisions that prioritize their safety and stability. When a child's well-being is at stake, unnecessary procedural delays create uncertainty for families, caregivers, and the children themselves. AB 1689 helps juvenile courts make timely decisions regarding temporary guardianships while ensuring that children have what they need during critical moments in their lives. This bill keeps the focus where it belongs: on protecting the best interests of the child and providing families with greater clarity during difficult circumstances.

Probate and Dependency Court

In circumstances where one or both parents struggle to provide care for their child, there are multiple potential courts that may make orders regarding the custody and care of the minor. A parent or another party may seek a temporary or full guardianship in probate court, which would grant an adult other than the parent custody of the child without terminating the parents’ parental rights. In cases involving abuse or neglect, a case may be initiated in dependency court (which is a subdivision of juvenile court). Additionally, in cases where a minor is accused of committing a crime, the minor may be made a ward of the juvenile court. On occasion, the two courts overlap where a probate court has made an order for temporary guardianship and, in the course of conducting the statutorily mandated investigation of the temporary guardian, determines the child meets the standards making the child potentially a dependent of the court. (Welf. & Inst. Code, § 300.) In these matters a probate judge may refer the guardianship case to the dependency court. (Prob. Code, § 1513.)

In such cases, existing law authorizes the juvenile court to terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a specified petitions, which allow for a minor in physical danger, a minor who habitually fails to obey their guardian, or minor who violates any criminal law, to be a ward of the juvenile court. If the probation officer supervising the minor provides information to the court regarding the minor’s present circumstances and makes a recommendation to the court regarding a motion to terminate or modify a guardianship established in any county under the Probate Code, or to appoint a coguardian or successor guardian, for a minor who is before the juvenile court under one of the petitions described above, the court must order the appropriate county department, or the district attorney or county counsel, to file the recommended motion. The motion may also be made by

the guardian or the minor’s attorney. The hearing on the motion may be held simultaneously with any regularly scheduled hearing held in proceedings to declare the minor a dependent child or ward of the court, or at any subsequent hearing concerning the dependent child or ward. (Welf. & Inst. Code, § 728, subd. (a).)

In such circumstances, at least 45 days before the hearing date, the social worker or probation officer must typically give notice of a the hearing to the mother; the fathers, presumed and alleged; the Indian custodian, if it is known or there is reason to know that the child is an Indian child; the child, if the child is 10 years of age or older; the child’s tribe, if known; any known sibling of the child who is the subject of the hearing if that sibling either is the subject of a dependency proceeding or has been adjudged to be a dependent child of the juvenile court; the grandparents of the child, if their address is known and if the parent’s whereabouts are unknown; all counsel of record; any unknown parent by publication, if ordered by the court; the current caregiver of the child, including foster parents, relative caregivers, preadoptive parents, nonrelative extended family members, or resource family. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing. (Welf. & Inst. Code, § 294.) Additionally, if the juvenile court decides to terminate or modify a guardianship previously established under the Probate Code, the juvenile court must provide notice of that decision to the court in which the guardianship was originally established. (Welf. & Inst. Code, § 728, subd. (b).)

As a result, when a dependency attorney asks the juvenile court at an early hearing to terminate or modify the temporary probate guardianship so the dependency case can proceed without delay, counties may object that 45-day notice must first be provided. That creates a mismatch between the dependency court’s urgent early-hearing timelines and the 45-day notice requirement. The practical result is that the juvenile court may be unable or reluctant to resolve the temporary guardianship at the point when placement and support decisions are most urgent.

This gap can harm children and caregivers. A temporary probate guardianship may interfere with or delay juvenile court placement orders, emergency caregiver funding, Resource Family Approval-related steps, and other supports that depend on the child being placed through the dependency system. For caregivers who have stepped forward to care for a child, even a delay of several weeks can create significant hardship. For the child, delay can mean unnecessary legal uncertainty at the very moment the dependency court is supposed to stabilize the child’s placement and ensure access to services.

Effect of This Bill

This bill seeks to remedy this conflict. The bill allows the court, in cases where a child was referred to dependency court by the probate court after issuing a temporary guardianship, to terminate or suspend the temporary guardianship at any hearing without requiring notice be provided 45 days prior to the hearing to the parents, caretakers, and other parties, as described above. In order to terminate or suspend the temporary guardianship, the court would be required to find that the order is in the best interest of the child. Additionally, the juvenile court would still be required to provide notice of its decision to the originating probate court that instituted guardianship.

Argument in Support

The Alliance for Children’s Rights writes:

Under Probate Code section 1513(b), the probate court may refer a proposed guardianship to the local child welfare agency when the circumstances suggest the child may be described by WIC section 300. If the agency files a dependency petition, the case moves to juvenile court. Current law authorizes the juvenile court to terminate or modify Probate Code guardianships once a minor is the subject of a section 300 petition, but courts are restricted from acting to modify or terminate guardianships without providing currently required 45 days’ advance notice. That framework is appropriate for permanent guardianship modifications. It is unworkable for temporary guardianships, which under Probate Code section 2257 terminate by operation of law 30 days after appointment unless the probate court extends them for good cause. The required notice period is longer than the guardianship itself.

When a dependency attorney asks the juvenile court at an early hearing to resolve the temporary guardianship so placement and support decisions can proceed, counties may, and do, object that section 294 notice must first run. The juvenile court may then be unable or unwilling to act at precisely the moment when stabilizing the child’s placement is most urgent. This typically means pausing the proceedings until the temporary guardianship expires. The consequences then include delayed placement orders, barriers to emergency caregiver funding, stalled Resource Family Approval steps, and legal uncertainty for caregivers who have stepped forward to care for the child.

AB 1689 eliminates that mismatch for the temporary guardianship context without disturbing the procedural protections that apply to established, permanent guardianships. Notice requirements are preserved for all permanent guardianship actions. Any termination of a temporary guardianship under the new exception remains subject to a best interest finding by the court.

-- END --

SENATE COMMITTEE ON HUMAN SERVICES

Senator Becker, Chair

2025 - 2026 Regular

Subject: Juvenile courts: temporary probate guardianship

SUMMARY

This bill allows a dependency court to terminate temporary probate guardianship at any hearing if it is in the best interests of the minor.

ABSTRACT

Existing Law:

1. Outlines who may file a petition for guardianship and specifies that any relative or other person on behalf of a minor (or the minor themselves if 12 years of age or older) may file a petition to appoint a guardian of the person, estate, or both. Requires the petition to include the names and addresses of parents, legal custodians, and relatives within the second degree. (Probate Code [PROB] 1510)
2. Authorizes the appointment of a temporary guardian if the court finds there is good cause. Specifies this can only be filed on or after a petition for a permanent guardian has been made, pursuant to 1) above. (PROB 2250(a-b))
3. Requires a notice of the hearing for the appointment of a guardian be given to specific parties, including a minor 12 years of age or older, parents, and any person having legal custody or serving as the guardian. (PROB 1511(b))
4. Outlines the process for the court to refer a minor to the county child welfare services agency (county) if there is a concern that the child has been or is at risk of being abused or neglected. Requires the probate court, if a proposed ward is suspected of being abused or neglected, to refer the matter in writing to the county. Requires, upon receiving the referral, the county to immediately investigate to determine if juvenile dependency proceedings should be started. Requires the county to generally report its findings and conclusions back to the probate court within three weeks. Prohibits the probate court from determining the guardianship petition until the county has completed its investigation and submitted its report. (PROB 1513(b))
5. Establishes the standards and timelines for the appointment of a guardian, which includes requiring the court to wait for investigations to be completed before a guardian can be appointed. Requires the court to act in the best interest of the child and mandates specific screening requirements for the proposed guardian to ensure the safety and well-being of the minor. (PROB 1514 and 1516)
6. Establishes procedures and criteria for the initial detention hearing of a child taken into temporary custody. Requires the court to order the release of the child unless there is prima facie showing that the child has been abused or neglected. (Welfare and Institutions Code [WIC] 319)
7. Establishes the process for a person or the probate court to request that a social worker investigate whether a child should be made a dependent of the court due to abuse or neglect. Requires, upon the application or a referral from the probate court, the social worker to immediately investigate. Provides the social worker three weeks to receive the application or referral to decide whether to file a dependency petition. (WIC 329)
8. Governs the procedures that allow individuals to ask the juvenile court to review a social worker’s decision not to file a petition for dependency, after they have already requested such an investigation under existing law in 7) above. (WIC 331)

This Bill:

1. Allows a dependency court to terminate or modify a probate guardianship at any regularly scheduled hearing without the 45 days’ notice usually required, if it is in the best interests of the minor.

FISCAL IMPACT

This bill has been keyed non-fiscal by the Legislative Counsel.

BACKGROUND AND DISCUSSION

Purpose of the Bill:

According to the author, “When a child enters the dependency system, courts need to be able to act quickly to ensure that child receives the services, support, and stability they need. AB 1689 provides a simple procedural clarification that helps prevent unnecessary delays when a child transitions from a temporary probate guardianship into the dependency system, allowing courts to focus on what matters most, which is the best interests of the child.”

Child Welfare System

The CWS is the system of intervention of child abuse and neglect. This system provides services to children who have been abused or neglected and their families. The goal of this system is to keep children in their home when it is safe, and when the child is at risk, to develop an alternative plan as quickly as possible^[1]. Social workers in each county receive reports of abuse or neglect, and work to investigate and resolve those reports. When the investigation substantiates the allegations of abuse or neglect, a family is either provided with services to ensure a child’s well-being and avoid court involvement, or a child is removed from the family and placed into foster care. In 2025, the state’s child welfare agencies received 398,861 reports of abuse or neglect. Of these, 45,856 reports contained substantiated allegations, and 17,886 children were removed from their homes and placed into foster care via the CWS.

Temporary Probate Guardianship

A parent who is unable to care for their child temporarily may make arrangements for the child to be cared for by another adult, but custody cannot be given to another adult without a court order. Probate guardianship is a court-ordered relationship that gives an adult legal and physical custody of a child. That adult becomes the guardian and has the right to make parental decisions about the child’s care, residence, education and medical treatment. Probate guardianship does not automatically terminate parental rights; it only transfers custody. This arrangement may occur in cases where parents cannot take care of their children but the dependency system is not yet involved. This bill seeks to address the issue of when there is a probate guardianship and then a dependency case involving the same child is opened, resulting in dual jurisdiction over the same child. This bill will allow, at any dependency hearing, for the dependency court to terminate the temporary probate guardianship without having to provide a 45-day notice to the parties. Having a minor be involved in both probate guardianship and a dependency case can result in conflicting court orders, delays, and limit access to services and supports.

Related/Prior Legislation:

AB 260 (Stone, Chapter 578, Statutes of 2021) established processes to ensure abused or neglected children are not improperly diverted into probate guardianships in lieu of the foster care system and required the Judicial Council to develop a form regarding the differences between probate guardianships and the foster care system.

COMMENTS

When a child is cared for under a probate guardianship and then enters the juvenile dependency court system, they end up with overlapping and potentially conflicting court orders. The dependency court may be unable, or unsure, of whether they can make various placement decisions or provide support services. This bill addresses this situation by making it clear to the dependency court that they can end the probate guardianship and proceed within the dependency system. This ensures the timely ability to provide for placement, services and other supports. Children in this position are incredibly vulnerable and it is important to allow them to access services and supports as quickly as possible. This bill helps to achieve that goal.

PRIOR VOTES

POSITIONS

Support:

Alliance for Children's Rights (Sponsor)

Oppose:

None received

-- END --

1. https://www.cdss.ca.gov/inforesources/child-welfare-protection/policies ↑

Date of Hearing: April 14, 2026

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Alex Lee, Chair

ABPCA Bill Id:AB 1689 (

Author:Quirk-Silva) – As Amended Ver:March 19, 2026

SUBJECT: Juvenile courts: temporary probate guardianship

SUMMARY: Establishes procedures for the juvenile court, when it makes specified findings, to terminate temporary guardianships appointed in a probate court. Specifically, this bill:

1. Authorizes the juvenile court, in a case in which the child was previously appointed a temporary guardian by a probate court and the child was referred by the probate court to a child welfare agency, upon the written or oral motion of any party in the case or on the juvenile court’s own motion, to issue an order to terminate or suspend the temporary guardianship to the extent necessary to allow the juvenile court to exercise its authority, if the court makes all of the following findings on the record:
2. The order is in the best interest of the child;
3. The order is either necessary to avoid conflicting court orders or necessary to order a temporary placement of the child pursuant to existing law; and,
4. The temporary guardian consents to the order.
5. Specifies the provisions in 1) above do not create a new entitlement to any benefit, service, or payment, and do not change eligibility standards under existing law.
6. Clarifies that the juvenile court is authorized to issue an order terminating or suspending the temporary probate guardianship pursuant to existing law governing procedures and criteria for the initial detention hearing of a child taken into temporary custody, when applicable.

EXISTING LAW:

1. Outlines who may file a petition for guardianship and specifies that any relative or other person on behalf of a minor (or the minor themselves if 12 years of age or older) may file a petition to appoint a guardian of the person, estate, or both. Requires the petition to include the names and addresses of parents, legal custodians, and relatives within the second degree. (Probate Code [PROB] § 1510)
2. Authorizes the appointment of a temporary guardian if the court finds there is good cause. Specifies this can only be filed on or after a petition for a permanent guardian has been made, pursuant to 1) above. (PROB § 2250(a-b))
3. Requires a notice of the hearing for the appointment of a guardian be given to specific parties, including a minor 12 years of age or older, parents, and any person having legal custody or serving as the guardian. (PROB § 1511(b))
4. Outlines the process for the court to refer a minor to the county child welfare services agency (county) if there is a concern that the child has been or is at risk of being abused or neglected. Requires the probate court, if a proposed ward is suspected of being abused or neglected, to refer the matter in writing to the county. Requires, upon receiving the referral, the county to immediately investigate to determine if juvenile dependency proceedings should be started. Requires the county to generally report its findings and conclusions back to the probate court within three weeks. Prohibits the probate court from determining the guardianship petition until the county has completed its investigation and submitted its report. (PROB § 1513(b))
5. Establishes the standards and timelines for the appointment of a guardian, which includes requiring the court to wait for investigations to be completed before a guardian can be appointed. Requires the court to act in the best interest of the child and mandates specific screening requirements for the proposed guardian to ensure the safety and well-being of the youth. (PROB §§ 1514 and 1516)
6. Establishes procedures and criteria for the initial detention hearing of a child taken into temporary custody. Requires the court to order the release of the child unless there is prima facie showing that the child has been abused or neglected. (Welfare and Institutions Code [WIC] § 319)
7. Establishes the process for a person or the probate court to request that a social worker investigate whether a child should be made a dependent of the court due to abuse or neglect. Requires, upon the application or a referral from the probate court, the social worker to immediately investigate. Provides the social worker three weeks to receive the application or referral to decide whether to file a dependency petition. (WIC § 329)
8. Governs the procedures that allow individuals to ask the juvenile court to review a social worker’s decision not to file a petition for dependency, after they have already requested such an investigation under existing law in 7) above. (WIC § 331)

FISCAL EFFECT: This bill has been keyed non-fiscal by the Legislative Counsel.

COMMENTS: This analysis only discusses policy issues germane to the jurisdiction of the Assembly Committee on Human Services.

Background: Probate Guardianships. The probate court grants guardianships in instances where the child’s parents are unable to care for them due to serious illness, military duty, substance use disorders, incarceration, or death. In these instances, a child may already be living with an alternate caregiver, and the caregiver can petition the probate court to become the child’s legal guardian. Current law allows the parent or the child, if the child is 12 years of age or older, to object to the creation of a guardianship, or to ask to terminate an existing guardianship. A probate court investigator conducts a report upon which the judge decides to grant guardianship based on what is in the best interest of the child.

There are several distinct differences between the probate court and the juvenile court, where foster care is established. Families voluntarily choose guardianship in probate court, whereas juvenile court is triggered by an emergency or a report alleging neglect or abuse. Specifically, one of the goals of the juvenile court is to maintain familial ties whenever possible, which is demonstrated by the provision of family maintenance and reunification services, conducting searches for able and willing relatives to serve as placement options for youth placed in the custody of the juvenile court, and prioritizing placement with relatives and nonrelative extended family members as caregivers. In probate court, the parents and children do not have the right to legal counsel (though a judge may choose to appoint counsel), meaning that parental rights may be suspended against the wishes of the parent who may not have legal representation. Unlike the juvenile court, the probate court does not provide family reunification services, and if a child’s biological parent faces certain barriers, such as a substance use disorder or lack of access to housing that contributed to the need for a guardianship, the biological parent would not be eligible to receive the supportive services to which they would be eligible under the juvenile court. Additionally, financial support varies significantly based on how a caregiver became a guardian through probate or juvenile court and the caregiver’s relationship to the child, like whether they are a relative. Foster care caregivers generally receive higher financial support than most probate guardians.

The provisions of this bill address the circumstances when children first come to court through probate guardianship petitions filed by relatives or other adults when a child is believed to be at risk of abuse or neglect. In some cases, after a temporary probate guardian has been appointed, a child welfare agency later initiates juvenile dependency proceedings. According to the sponsors, when this occurs, orders from the probate court and the juvenile court may remain in place at the same time, creating overlapping or conflicting authority over the same child. The sponsors contend that this can cause confusion for courts, social workers, and caregivers and may delay important placement decisions or prevent caregivers from accessing services intended to stabilize the child’s placement.

This bill would authorize the juvenile court, when a child was previously appointed a temporary guardian by a probate court and was then referred by the probate court to a child welfare agency, to issue an order to terminate or suspend the temporary guardianship if the court finds that the order is in the best interest of the child, is either necessary to avoid conflicting court orders or necessary to order a temporary placement of the child, and the temporary guardian consents to the order.

Author’s Statement: “[This bill] was introduced to clarify the relationship between probate guardianship proceedings and juvenile dependency proceedings when a case is referred to child welfare authorities under Probate Code Section 1513.

“The bill builds on the framework established by AB 260 (Stone, Chapter 578, Statutes of 2021), which strengthened coordination between probate and dependency courts.

“While that law improved the referral process, a procedural gap remains when temporary probate guardianships remain in effect after dependency proceedings begin.

“[This bill] addresses that gap by authorizing the juvenile court, at the initial petition hearing, to terminate or suspend a temporary probate guardianship with the consent of the guardian when doing so is necessary to avoid conflicting court authority and allow the juvenile court to carry out its responsibilities.”

Equity Implications: This bill seeks to ensure that children who are transitioning between probate court and juvenile court as a result of abuse and neglect are able to access the services and funding they are rightly entitled to in juvenile court without experiencing additional administrative delays.

Double referral: This bill was previously heard in the Assembly Committee on Judiciary on March 24, 2026, and was approved on a 12-0 vote.

Arguments in Support: According to the sponsor, the Alliance for Children’s Rights, “Because current law provides no clear mechanism for the juvenile court to address a temporary probate guardianship order that remains in place after a dependency petition is filed, courts may hesitate to make placement decisions, caregivers may face difficulty accessing emergency funding and support services, and social workers are left without clear guidance on how to proceed. This gap can cause avoidable delays and instability at precisely the moment when children and families need clarity and support.”

Arguments in Opposition: None on file.

RELATED AND PRIOR LEGISLATION:

AB 260 (Stone), Chapter 578, Statutes of 2021, allowed a probate judge to request that their child welfare referral of a child who is subject to a guardianship petition and who appears to have been neglected or abused be reviewed by the juvenile court.

AB 2124 (Stone) of 2020, was substantially similar to AB 260 and would have required probate courts to refer cases alleging child abuse or neglect to the county child welfare agency for an investigation and expanded Kin-GAP services to children ordered into a guardianship through dependency court. AB 2124 was referred to the Assembly Judiciary and Human Services committees but was not heard.

AB 1757 (Fletcher), Chapter 638, Statutes of 2012, amended PROB to permit, rather than require, the probate court to refer cases involving parental neglect and abuse to the juvenile court.

REGISTERED SUPPORT / OPPOSITION:

Support

Alliance for Children's Rights (Sponsor)

California Alliance of Caregivers

Opposition

None on file.

Analysis Prepared by: Jessica Langtry / HUM. S. / (916) 319-2089

Date of Hearing: March 24, 2026

ASSEMBLY COMMITTEE ON JUDICIARY

Ash Kalra, Chair

ABPCA Bill Id:AB 1689

Author:(Quirk-Silva) – As Amended Ver:March 19, 2026

PROPOSED CONSENT

SUBJECT: Juveniles

KEY ISSUE: IN CASES WHERE A PROBATE COURT REFERS A CASE INVOLVING TEMPORARY GUARDIANSHIP TO DEPENDENCY COURT, SHOULD THE DEPENDENCY COURT BE AUTHORIZED TO TERMINATE OR SUSPEND THE TEMPORARY GUARDIANSHIP ON A MOTION IF CONSENTED TO BY THE TEMPORARY GUARDIAN?

SYNOPSIS

In circumstances where one or both parents struggle to provide care for their child, there are a number of potential courts that may make orders regarding the custody and care of the minor. A parent may seek a full or temporary guardianship in probate court, while maintaining their parental rights. In cases involving abuse or neglect, a county welfare agency or social worker may initiate a case in dependency court, potentially resulting in termination of parental rights. On occasion, the probate court may refer a case over to dependency court. In cases when the probate court has issued a temporary guardianship, the dependency court may be restricted in their authority to issue orders regarding the child. Recognizing this potential conflict and in an effort to streamline matters that have been referred to dependency from probate court, this bill authorizes a dependency court to suspend or terminate a temporary guardianship as long as certain conditions are met.

This bill is sponsored by the Alliance for Children’s Rights. There is no known opposition. Should the bill pass this Committee, it would be referred to the Assembly Committee on Human Services.

SUMMARY: Authorizes the court to terminate or suspend a temporary guardianship at an initial dependency hearing to the extent necessary to allow the juvenile court to exercise its own authority. Specifically, this bill:

1. Authorizes the juvenile court at the initial petition hearing, when a matter is referred from the probate court where the probate court has appointed a temporary guardian, to issue an order to terminate or suspend the temporary guardianship to the extent necessary to allow the juvenile court to exercise its authority, upon the written or oral motion of any party in the case or the court’s own motion, if the court makes all of the following findings:
   1. The order is in the best interest of the child;
   2. The order is either necessary to avoid conflicting court orders or necessary to order a temporary placement of the child;
   3. The temporary guardian consents to the order.
2. Clarifies that 1) does not create a new entitlement to any benefit, service, or payment, and does not change eligibility standards under existing law.
3. Authorizes the juvenile court to exercise the authority granted by this bill in cases where the probate court has referred a matter to the child welfare agency and the agency does not file a petition in a timely manner, and the counsel representing the child requests that the juvenile court review the decision of the social worker not to file a petition.

EXISTING LAW:

1. Requires a court investigator, probation officer, or domestic relations office to make an investigation and file with the court a report and recommendation concerning each proposed guardianship of the person or guardianship of the estate, unless waived by the court for good cause. (Probate Code Section 1513 (a).)
2. Authorizes the court, if the proposed ward is determined to be a dependent of the state, to refer the matter, in writing, to the local child welfare agency to initiate an investigation, as specified. (Probate Code Section 1513 (b).)
3. Requires guardianship proceedings to be stayed if the juvenile court commences dependency proceedings. (Probate Code Section 1513 (b)(5).)
4. Requires the court to review the required report provided by the social worker on the reasons why the child has been removed from the parent’s, guardian’s, or Indian custodian’s physical custody, and examine the child’s parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence as the child, the child’s parents or guardians, the child’s Indian custodian, the petitioner, the Indian child’s tribe, or their counsel desires to present. Authorizes the court to examine the child, as specified. (Welfare and Institutions Code Section 319 (a).)
5. Authorizes a person who has applied to the social worker to commence juvenile court proceedings within one month of application, if the social worker does not file a petition within three weeks after the application, to apply to the juvenile court to review the decision of the social worker, and authorizes the court to either affirm the decision of the social worker or, if it finds that the child is, prima facie, a dependent of the court, order the social worker to commence juvenile court proceedings. (Welfare and Institutions Code Section 331 (a).)
6. Authorizes the probate court or counsel appointed by the probate court, if the court has referred a matter to the child welfare agency and the agency has not filed a petition to commence juvenile court proceedings within three weeks of the referral, to within one month of the referral, request that the juvenile court review the decision of the social worker not to file the petition. (Welfare and Institutions Code Section 331 (b).)
7. Prevents either the appointment of a temporary probate guardian or any delay attributable to the child welfare investigation from precluding the juvenile court from ordering the social worker to commence dependency proceedings or from hearing and determining a petition alleging that the child is a dependent of the court. (Welfare and Institutions Code Section 331 (b)(1).)
8. Authorizes the juvenile court to terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under Sections 300, 601, or 602 of the Welfare and Institutions Code. (Welfare and Institutions Code Section 728.)

FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.

COMMENTS: In circumstances where one or both parents struggle to provide care for their child, there are a number of potential courts that may make orders regarding the custody and care of the minor. A parent or another party may seek a temporary or full guardianship in probate court, which would grant an adult other than the parent custody of the child without terminating the parents’ parental rights. In cases involving abuse or neglect, a case may be initiated in dependency court. On occasion, the two courts overlap where a probate court has made an order for temporary guardianship and, in the course of conducting the statutorily mandated investigation of the temporary guardian, determines the child meets the standards provided in Welfare and Institutions Code 300 making the child potentially a dependent of the court. In these matters, governed by Probate Code Section 1513, a probate judge may refer the guardianship case to the dependency court.

Additionally, existing law provides guidance for circumstances where a party has applied to the social worker to begin juvenile court proceedings and the social worker has failed to file the petition in court within three weeks after the application. In these circumstances, the applicant can request that the juvenile court review the social worker’s decision and the court may then direct the social worker to begin dependency proceedings. (Welfare and Institutions Code Section 331 (a).) Welfare and Institutions Code Section 331(b) provides a similar review process where a probate court has referred a matter to a child welfare agency and the agency has failed to initiate dependency proceedings. These types of proceedings are referred to as the delayed-review pathway.

These circumstances also provide opportunity for confusion and conflicting jurisdiction. For example, if a probate court has issued a temporary guardianship that is still in effect at the time the dependency court hears the matter, it appears that the dependency court’s hands are tied when determining the best placement for the child. While the matter has been referred over by the probate court to the dependency court, where the dependency court is typically tasked with ordering the appropriate placement for the child, there is no statutory mechanism to address the existing temporary guardianship order. According to the author:

AB 1689 streamlines probate and juvenile court proceedings by establishing a single, clear moment when temporary probate guardianships expire: the juvenile court’s initial petition hearing under Welfare and Institutions Code Section 319 (dependency) or Section 657 (wardship). The bill amends Probate Code Section 1513 and Welfare and Institutions Code Sections 319, 331, and 728 to require that any temporary probate guardianship automatically expires at that hearing. By doing so, the bill prevents delays in placement and adjudication decisions, eliminates duplicative or conflicting court orders, ensures eligibility for emergency caregiver funding and services, and promotes stability and timely decision-making for children.

This bill seeks to remedy this potential confusion. The bill would amend Welfare and Institutions Code Section 319, which governs the procedures for initial hearings in dependency court, to allow the court, in cases where a child was referred to dependency court by the probate after issuing a temporary guardianship, to terminate or suspend the temporary guardianship. The court would be allowed to do so upon a written or oral motion of any party to the case, or the court’s own motion, and would only be allowed to terminate or suspend the temporary guardianship to the extent necessary to allow the dependency court to exercise its authority, such as to make placement determinations. The bill also grants a juvenile court the authority to take this same action in cases that have proceeded through the delayed-review pathway.

The proposed changes to the law incorporate guardrails to the dependency court’s new authority. In order to terminate or suspend the temporary guardianship the court must make three findings. First, the court would be required to find, on the record, that the order is in the best interest of the child. This requirement brings the driving purpose of dependency law to the forefront as a necessary threshold issue to make any changes to a child’s home setting. Second, the court must make a finding that terminating the temporary guardianship is necessary to avoid conflicting orders or to order a temporary placement of the child. This requirement acknowledges that the temporary guardian appointed by the probate court may very well be precisely with whom the dependency court would have placed the child. Finally, the court is required to find that the temporary guardian consents to the order, acknowledging that the temporary guardian themselves has an interest in the child’s wellbeing and has been tasked by the probate court with ensuring their safety. In sum, this measure as recently amended appears to appropriately balance the goal of promoting efficiency in dependency court proceedings with ensuring that children in dependency proceedings are in stable and safe environments.

ARGUMENTS IN SUPPORT: This bill is sponsored by the Alliance for Children’s Rights. In support of their bill the Alliance for Children’s Rights submits:

When a child under a temporary probate guardianship order enters the juvenile court via a referral from probate court, two courts can end up with overlapping and potentially conflicting authority over the same child. Because current law provides no clear mechanism for the juvenile court to address a temporary probate guardianship order that remains in place after a dependency petition is filed, courts may hesitate to make placement decisions, caregivers may face difficulty accessing emergency funding and support services, and social workers are left without clear guidance on how to proceed. This gap can cause avoidable delays and instability at precisely the moment when children and families need clarity and support.

AB 1689 builds on the framework established by AB 260 (2021) by giving the juvenile court a precise, consent-based tool to resolve that conflict.

[…]

Children entering the dependency system through a probate referral deserve the same clarity, stability, and access to support as any other child in foster care. When overlapping court authority creates confusion about placement decisions and resource access, it is the child and caregiver who bear the consequences. AB 1689 resolves that ambiguity with a carefully designed, consent-based process that protects the rights of all parties while ensuring the juvenile court can act decisively on behalf of the child.

REGISTERED SUPPORT / OPPOSITION:

Support

Alliance for Children’s Rights (sponsor)

Opposition

None on file

Analysis Prepared by: Manuela Boucher-de la Cadena / JUD. / (916) 319-2334