BILL NUMBER: AB 846	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonilla

                        FEBRUARY 17, 2011

   An act to amend Section 316.2 of the Welfare and Institutions
Code, relating to dependent children.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 846, as introduced, Bonilla. Dependent children: notice to
alleged fathers.
   Existing law requires the juvenile court, at the detention hearing
held in a dependency proceeding, or as soon as practicable, to
inquire of the mother and any other appropriate person as to the
identity and address of any presumed or alleged father of the child
who is the subject of the proceeding, and specifies the factors the
court may consider in this regard.
   This bill would make a technical, nonsubstantive change to that
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 316.2 of the Welfare and Institutions Code is
amended to read:
   316.2.  (a) At the detention hearing, or as soon thereafter as
practicable, the court shall inquire of the mother and any other
appropriate person as to the identity and address of  all
  any  presumed or alleged  fathers
  father  . The presence at the hearing of a man
claiming to be the father shall not relieve the court of its duty of
inquiry. The inquiry shall include at least all of the following, as
the court deems appropriate:
   (1) Whether a judgment of paternity already exists.
   (2) Whether the mother was married or believed she was married at
the time of conception of the child or at any time thereafter.
   (3) Whether the mother was cohabiting with a man at the time of
conception or birth of the child.
   (4) Whether the mother has received support payments or promises
of support with respect to the child or in connection with her
pregnancy.
   (5) Whether any man has formally or informally acknowledged or
declared his possible paternity of the child, including by signing a
voluntary declaration of paternity.
   (6) Whether paternity tests have been administered and the
results, if any.
   (7) Whether any man otherwise qualifies as a presumed father
pursuant to Section 7611, or any other provision, of the Family Code.

   (b) If, after the court inquiry, one or more men are identified as
an alleged father, each alleged father shall be provided notice at
his last and usual place of abode by certified mail return receipt
requested alleging that he is or could be the father of the child.
The notice shall state that the child is the subject of proceedings
under Section 300 and that the proceedings could result in the
termination of parental rights and adoption of the child. Judicial
Council form Paternity-Waiver of Rights (JV-505) shall be included
with the notice. Nothing in this section shall preclude a court from
terminating a father's parental rights even if an action has been
filed under Section 7630 or 7631 of the Family Code.
   (c) The court may determine that the failure of an alleged father
to return the certified mail receipt is not good cause to continue a
hearing pursuant to Section 355, 358, 360, 366.21, or 366.22.
   (d) If a man appears in the dependency action and files an action
under Section 7630 or 7631 of the Family Code, the court shall
determine if he is the father.
   (e) After a petition has been filed to declare a child a dependent
of the court, and until the time that the petition is dismissed,
dependency is terminated, or parental rights are terminated pursuant
to Section 366.26 or proceedings are commenced under Part 4
(commencing with Section 7800) of Division 12 of the Family Code, the
juvenile court which has jurisdiction of the dependency action shall
have exclusive jurisdiction to hear an action filed under Section
7630 or 7631 of the Family Code.
   (f) After any inquiry, proceeding, or determination made pursuant
to this section, the juvenile court shall note its findings in the
minutes of the court.