BILL NUMBER: SB 59	CHAPTERED  09/02/03

	CHAPTER  247
	FILED WITH SECRETARY OF STATE  SEPTEMBER 2, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 1, 2003
	PASSED THE SENATE  AUGUST 19, 2003
	PASSED THE ASSEMBLY  JULY 7, 2003
	AMENDED IN ASSEMBLY  JUNE 11, 2003
	AMENDED IN SENATE  APRIL 8, 2003
	AMENDED IN SENATE  MARCH 18, 2003

INTRODUCED BY   Senator Escutia

                        JANUARY 15, 2003

   An act to add Section 366.28 to the Welfare and Institutions Code,
relating to adoption.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 59, Escutia.  Dependent children:  placement.
   Existing law authorizes the juvenile court to determine the
placement of children who are dependent children of the juvenile
court.
   This bill would provide that after parental rights have been
terminated, an order that a dependent child is to reside in, be
retained in, or be removed from a specific placement is not
appealable, except as specified.  The bill would also provide that
this provision does not affect the right of a parent, a legal
guardian, or the child to appeal any order that is otherwise
appealable and that is issued at a hearing to terminate parental
rights.
   The bill would also require the Judicial Council to adopt a rule
of court on or before July 1, 2004, to implement these provisions.
The bill would provide that these provisions would become operative
after the rule of court is adopted.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 366.28 is added to the Welfare and Institutions
Code, to read:
   366.28.  (a) The Legislature finds and declares that delays caused
by appeals from court orders designating the specific placement of a
dependent child after parental rights have been terminated may cause
a substantial detriment to the child.  The Legislature recognizes
that the juvenile court intervenes in placement decisions after
parental rights have been terminated only in exceptional
circumstances, and this section is not intended to place additional
authority or responsibility on the juvenile court.
   (b) (1) After parental rights have been terminated pursuant to
Section 366.26, an order by the court that a dependent child is to
reside in, be retained in, or be removed from a specific placement,
is not appealable at any time unless all of the following apply:
   (A) A petition for extraordinary writ review was filed in a timely
manner.
   (B) The petition substantively addressed the specific issues to be
challenged and supported that challenge by an adequate record.
   (C) The petition was summarily denied or otherwise not decided on
the merits.
   (2) Failure to file a petition for extraordinary writ review
within the period specified by rule of court, to substantively
address the specific placement order that is challenged, or to
support that challenge by an adequate record shall preclude
subsequent review by appeal of the findings and orders made pursuant
to this section.
   (c) This section does not affect the right of a parent, a legal
guardian, or the child to appeal any order that is otherwise
appealable and that is issued at a hearing held pursuant to Section
366.26.
   (d) The Judicial Council shall adopt a rule of court on or before
July 1, 2004, to implement this section.  This section shall become
operative after the rule of court is adopted.