SB 1234: Dependency: fentanyl use.

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 requires a social worker who has cause to believe that a child meets the requirements to be adjudged a dependent of the court to immediately conduct an investigation to determine whether child welfare services should be offered to the family and whether proceedings in the juvenile court should be commenced. Existing law authorizes a court to make any reasonable orders to the parents or guardians of the child as the court deems necessary and proper.

This bill would require a social worker, if an investigation involves an allegation that a parent or guardian has used or is under the influence of fentanyl or other opioids, to document whether the risk of fentanyl or opioid exposure to the child was specifically assessed, as specified. The bill would also require a juvenile court that finds a risk of fentanyl use use, as specified, by a parent or guardian to order the parent or guardian to submit to testing for fentanyl. If the court finds a risk of fentanyl use, the bill would require the case plan for the parent or guardian to include certain resources, including, among others, information on the proper storage of controlled substances and prescription medications. By imposing additional duties on county social workers, this bill would create a state-mandated local program.