BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2292
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 2292 (Nielsen)
          As Amended April 10, 2012
          Majority vote 

           JUDICIARY           10-0                                        
           
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          |Ayes:|Feuer, Wagner, Atkins,    |     |                          |
          |     |Dickinson, Gorell, Huber, |     |                          |
          |     |Jones, Monning,           |     |                          |
          |     |Wieckowski, Alejo         |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           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  :

          1)Provides that a child may become a dependent of the juvenile 
            court and be removed from his or her parents or guardian on 
            the basis of abuse or neglect.  

          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.  

          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.  

          4)Requires the court, at the permanency hearing, whether held 








                                                                  AB 2292
                                                                  Page  2


            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.  

          5)Requires the court to review the status of each ward of the 
            court placed in foster care every six months.  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.  

           FISCAL EFFECT  :  None

           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 
          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."

          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 10 
          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 








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          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.    
          
          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.  

          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.


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


                                                                FN: 0003347