BILL NUMBER: AB 1469	CHAPTERED  09/25/03

	CHAPTER  516
	FILED WITH SECRETARY OF STATE  SEPTEMBER 25, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2003
	PASSED THE SENATE  SEPTEMBER 4, 2003
	AMENDED IN SENATE  SEPTEMBER 2, 2003
	AMENDED IN SENATE  JUNE 19, 2003
	AMENDED IN ASSEMBLY  MAY 8, 2003
	AMENDED IN ASSEMBLY  APRIL 23, 2003

INTRODUCED BY   Assembly Member Negrete McLeod

                        FEBRUARY 21, 2003

   An act to add Sections 364.05 and 366.05 to the Welfare and
Institutions Code, relating to minors.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1469, Negrete McLeod.  Dependent children:  supplemental
reports.
   Existing law requires a social worker to file a specified
supplemental report with the juvenile court at least 10 calendar days
prior to a hearing concerning a dependent child who has not been
removed from the physical custody of his or her parent or guardian.
Existing law also requires that a copy of the report be furnished to
all parties at least 10 calendar days prior to the hearing.  Existing
law further requires a social worker to file a supplemental report
at least 10 calendar days prior to a status review hearing concerning
a dependent child.  In addition, the social worker is required to
provide the parent or legal guardian and counsel for the child with a
copy of the report at least 10 calendar days prior to the status
review hearing.
   This bill would, with respect to the provisions requiring a social
worker to furnish a copy of the supplemental reports to all parties
at least 10 calendar days prior to the hearings described above,
provide that, only in Los Angeles County, this may be accomplished by
mailing the report at least 15 calendar days, or 20 calendar days,
as specified, prior to the hearing.  The bill would also require the
court, only in Los Angeles County, to grant a continuance not to
exceed 10 calendar days upon request by any party or his or her
counsel on the ground that the report was not provided at least 10
calendar days prior to the hearing, except as specified.


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


  SECTION 1.  Section 364.05 is added to the Welfare and Institutions
Code, to read:
   364.05.  Notwithstanding Section 364, in a county of the first
class, a copy of the report required pursuant to subdivision (b) of
Section 364 shall be provided to all parties at least 10 calendar
days prior to the hearing.  This may be accomplished by mailing the
report at least 15 calendar days prior to the hearing to a party
whose address is within the State of California, or at least 20
calendar days prior to the hearing to a party whose address is
outside the State of California.  The court shall grant a reasonable
continuance, not to exceed 10 calendar days, upon request by any
party or his or her counsel on the ground that the report was not
provided at least 10 calendar days prior to the hearing as required
by this section, unless the party or his or her counsel has expressly
waived the requirement that the report be provided within the 10-day
period or the court finds that the party's ability to proceed at the
hearing is not prejudiced by the lack of timely service of the
report.  In making this determination, the court shall presume that a
party is prejudiced by the lack of timely service of the report, and
may find that the party is not prejudiced only by clear and
convincing evidence to the contrary.
  SEC. 2.  Section 366.05 is added to the Welfare and Institutions
Code, to read:
   366.05.  Notwithstanding subdivision (c) of Section 366.21, in a
county of the first class, any supplemental report filed in
connection with a status review hearing held pursuant to subdivision
(a) of Section 366 shall be provided to the parent or legal guardian
and to counsel for the child at least 10 calendar days prior to the
hearing.  This may be accomplished by mailing the report at least 15
calendar days prior to the hearing to a party whose address is within
the State of California, or at least 20 calendar days prior to the
hearing to a party whose address is outside the State of California.
The court shall grant a reasonable continuance, not to exceed 10
calendar days, upon request by any party or his or her counsel on the
ground that the report was not provided at least 10 calendar days
prior to the hearing as required by this section, unless the party or
his or her counsel has expressly waived the requirement that the
report be provided within the 10-day period or the court finds that
the party's ability to proceed at the hearing is not prejudiced by
the lack of timely service of the report.  In making this
determination, the court shall presume that a party is prejudiced by
the lack of timely service of the report, and may find that the party
is not prejudiced only by clear and convincing evidence to the
contrary.