BILL NUMBER: AB 524	CHAPTERED  09/05/03

	CHAPTER  306
	FILED WITH SECRETARY OF STATE  SEPTEMBER 5, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 4, 2003
	PASSED THE ASSEMBLY  AUGUST 21, 2003
	PASSED THE SENATE  JULY 21, 2003
	AMENDED IN SENATE  JUNE 16, 2003
	AMENDED IN ASSEMBLY  APRIL 30, 2003
	AMENDED IN ASSEMBLY  MARCH 26, 2003
	AMENDED IN ASSEMBLY  MARCH 24, 2003

INTRODUCED BY   Assembly Member Haynes
   (Coauthors:  Assembly Members Cogdill, Cox, Dutton, La Suer, Maze,
Mountjoy, and Pacheco)
   (Coauthors:  Senators Knight, Morrow, and Oller)

                        FEBRUARY 18, 2003

   An act to add Section 361.1 to the Welfare and Institutions Code,
relating to minors.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 524, Haynes.  Dependent children.
   Existing law authorizes the removal of a child from the custody of
a parent or guardian under specified conditions, including the
neglect or abuse of that child or the finding by the juvenile court
that the minor is a dependent child of the court.
   This bill would require that if a child is removed from the
physical custody of a parent or guardian on specified grounds, the
child shall be returned to the physical custody of the parent or
guardian immediately after a finding by the juvenile court that the
child is not a person who may be adjudged to be a dependent child of
the juvenile court,  but, in any case, not more than 2 working days
after the date of that finding, except as specified.
   The bill would also require the Judicial Counsel to adopt a rule
of court to ensure proper notice to a parent or guardian regarding
these provisions, as specified.


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


  SECTION 1.  Section 361.1 is added to the Welfare and Institutions
Code, to read:
   361.1.  (a) If a child is removed from the physical custody of a
parent or guardian on the ground that the child may come within the
jurisdiction of the juvenile court pursuant to Section 300, the child
shall be returned to the physical custody of that parent or guardian
immediately after a finding by the juvenile court that the child is
not a person described in Section 300, but, in any case, not more
than two working days following the date of that finding, unless the
parent or guardian and the agency with custody of the child agree to
a later date for the child's release.  Nothing in this section shall
affect a parent or guardian's remedies when a child is not returned
immediately, as those remedies existed prior to enactment of this
section.
   (b) The Judicial Council shall adopt a rule of court to ensure
proper notice to a parent or guardian regarding the circumstances and
the timeframe in which a child is required to be released from
custody pursuant to this section.