BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2292
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          Date of Hearing:   April 17, 2012

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                  Mike Feuer, Chair
                   AB 2292 (Nielsen) - As Amended:  April 10, 2012

                                  PROPOSED CONSENT

           SUBJECT  :  DEPENDENCY HEARINGS: EVIDENCE

           KEY ISSUE  :  SHOULD A COURT CONSIDER ADMISSIBLE AND RELEVANT 
          EVIDENCE BEFORE ORDERING A FOSTER CHILD RETURNED TO HIS OR HER 
          PARENTS?

           FISCAL EFFECT  :  As currently in print this bill is keyed 
          non-fiscal.

                                      SYNOPSIS

          This non-controversial bill, sponsored by Crime Victims United, 
          seeks to ensure that judges consider the evidence before 
          returning a dependent child to their parents.  Specifically, 
          this bill requires that the court at review and permanency 
          hearings for foster children, whether for dependent children or 
          for wards of the court who are also in foster care, consider 
          relevant and admissible evidence before determining that it is 
          safe to return a child to his or her parents or guardian.  The 
          author believes that this bill is necessary to protect children 
          during the reunification process.  This bill simply clarifies 
          that the court must consider the relevant and admissible 
          evidence before ruling.  As such, this bill is declarative of 
          existing law, which requires the court to consider the evidence 
          before making an order.  There is no opposition to this version 
          of the bill.

           SUMMARY  :  Requires a juvenile court, at specified hearings, to 
          consider the admissible and relevant evidence before returning a 
          foster child to his or her parents.  Specifically,  this bill 
          requires that at a review or permanency hearing for a dependent 
          child or a delinquent child in the foster care system, the 
          juvenile court must consider the admissible and relevant 
          evidence when determining whether to return the child to his or 
          her parents or guardian or retain the child in foster care.

           EXISTING LAW  :








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          1)Provides that a child may become a dependent of the juvenile 
            court and removed from his or her parents or guardian on the 
            basis of abuse or neglect.  (Welfare & Institutions Code 
            Section 300.  Unless stated otherwise, all further references 
            are to that code.)  

          2)Provides that a juvenile court may adjudge a minor as a ward 
            of the court because the minor has committed criminal acts or 
            is habitually disobedient or truant and may detain the minor 
            if continuance in his or her home is contrary to the minor's 
            welfare.  Placement of detained minors may include foster 
            care.  (Sections 602 et seq.)

          3)Requires the court, at the review hearing, to order a 
            dependent child returned to the custody of his or her parents 
            unless the court finds, by a preponderance of the evidence, 
            that returning the child would create a substantial risk of 
            harm to the child.  (Section 366.21.)

          4)Requires the court, at the permanency hearing, whether held 
            timely or properly continued, to order a dependent child 
            returned to the custody of his or her parents unless the court 
            finds, by a preponderance of the evidence, that returning the 
            child would create a substantial risk of harm to the child.  
            (Sections 366.21, 366.22, 366.25.)

          5)Requires the court to review the status of each ward of the 
            court placed in foster care every six month.  At review and 
            permanency hearings, requires the court to order the child 
            returned to the custody of his or her parents unless the court 
            finds, by a preponderance of the evidence, that returning the 
            child would create a substantial risk of harm to the child.  
            (Sections 727.2 and 727.3.)

           COMMENTS  :  This non-controversial bill seeks to ensure that 
          juvenile courts carefully consider the evidence before rendering 
          their decisions.  Specifically, this bill requires that the 
          court at review and permanency hearings for foster children, 
          whether for dependent children or for wards of the court who are 
          also foster children, consider relevant and admissible evidence 
          before determining that it is safe to return a child to his or 
          her parents or guardian.  

          The author believes that this bill is necessary to protect 








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          children during the reunification process:  "Protecting children 
          should always be the priority of the judicial system.  One 
          aspect that needs to be addressed is how our court system 
          handles reunification."

           Basic Background on Juvenile Hearings  :  If the child is removed 
          from his or her parents, then an initial detention hearing is 
          held either on the same day that the petition is filed or on the 
          next court day to determine whether the minor should be further 
          detained.  Within 15 days of the dependency court's decision to 
          detain the child, the court must hold a jurisdictional hearing 
          to decide, based on a preponderance of the evidence, whether the 
          child falls within the dependency court's jurisdiction.  If the 
          child continues to be detained, a dispositional hearing is held 
          no later than ten days after the jurisdictional hearing.  

          The court must review the case of each foster child who has been 
          removed from his or her parents every six months.  At this 
          review hearing, the court assesses the parents' progress towards 
          possible reunification.  The court can reunify the family and 
          dismiss the case, reunify the family and continue to monitor the 
          family through family maintenance services, or maintain the case 
          without, at that point, reunification.  

          Generally within 12 months after the child is removed from his 
          or her parents, the court must determine, in a permanency 
          hearing, whether the child should be returned home or whether 
          efforts to reunite the family should be terminated.  If the 
          child is not returned home, efforts could still continue to 
          reunify the family.  If reunification efforts end, the court 
          must determine a different permanency plan for the child.  
          Possibilities include adoption, legal guardianship or some other 
          permanent arrangement.    
          
           This Bill Clarifies the Court's Obligation to Consider Evidence  : 
           At each of the hearings affected by this bill - the review and 
          the permanency hearings - there is a statutory presumption that 
          a child should be returned to his or her parents or guardian.  
          In order not to return the child, the court must be satisfied by 
          a preponderance of the evidence that returning the child would 
          create a substantial risk of detriment to the safety, 
          protection, or physical or emotional well-being of the child.  
          The court must read and consider the social worker's report, as 
          well as other reports or evidence submitted.  









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          This bill simply clarifies that the court must consider the 
          relevant and admissible evidence before ruling.  As such, this 
          bill is declarative of existing law, which requires the court to 
          consider the evidence before making an order.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 

           Crime Victims United of California (sponsor)

           Opposition (to the bill as amended)

           None on file


           Analysis Prepared by  :  Leora Gershenzon / JUD. / (916) 319-2334