BILL NUMBER: SB 1425	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 26, 2012
	AMENDED IN SENATE  MAY 30, 2012
	AMENDED IN SENATE  APRIL 25, 2012

INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 24, 2012

   An act to amend Section 388 of the Welfare and Institutions Code,
relating to dependent children, and declaring the urgency thereof, to
take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1425, as amended, Negrete McLeod. Juveniles: dependent
children.
   Existing law provides that after a child is declared a dependent
child of the court, any parent or other person having an interest in
the child, including the dependent child, may petition the court to
change, modify, or set aside an order in the dependency proceedings
or to terminate the court's jurisdiction. Existing law further
permits any party, including the dependent child, to petition the
court to terminate reunification services before the dependency
review hearing. A court may terminate reunification services under
this provision only after finding by a preponderance of the evidence
that reasonable services have been offered and after finding by clear
and convincing evidence either that a change in circumstances
justifies termination of reunification services or that the parent's
action or inaction makes reunification unlikely.
   This bill would require a court to order a hearing on a proposed
modification of reunification services, custody, or visitation orders
concerning a child for whom reunification services were not ordered
if the court finds that the best interests of the child would be met
by the proposed change. Additionally, this bill would require a court
to modify an order finding that reunification services were not
necessary  only if   when a party has petitioned
the court prior to the issuance of an order terminating parental
rights only if  the court finds, by clear and convincing
evidence, that the proposed change is in the child's best interests.
The bill would apply the same  standards  
requirements  to petitions to modify an order relating to
custody or visitation of the dependent child.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


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

  SECTION 1.  Section 388 of the Welfare and Institutions Code is
amended to read:
   388.  (a) (1) Any parent or other person having an interest in a
child who is a dependent child of the juvenile court or the child
himself or herself through a properly appointed guardian may, upon
grounds of change of circumstance or new evidence, petition the court
in the same action in which the child was found to be a dependent
child of the juvenile court or in which a guardianship was ordered
pursuant to Section 360 for a hearing to change, modify, or set aside
any order of court previously made or to terminate the jurisdiction
of the court. The petition shall be verified and, if made by a person
other than the child, shall state the petitioner's relationship to
or interest in the child and shall set forth in concise language any
change of circumstance or new evidence that is alleged to require the
change of order or termination of jurisdiction.
   (2) When any party, including a child who is a dependent of the
juvenile court, petitions the  court, prior to the hearing
set pursuant to Section 366.26 or   court  prior to
an order terminating parental rights, to modify the order that
reunification services were not needed pursuant to paragraphs (4),
(5), and (6) of subdivision (b) of Section 361.5, or to modify any
orders related to custody or visitation of the subject child, and the
court orders a hearing pursuant to subdivision (d), the court shall
modify the order that reunification services were not needed pursuant
to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5,
or any orders related to the custody or visitation of the child for
whom reunification services were not ordered pursuant to paragraphs
(4), (5), and (6) of subdivision (b) of Section 361.5, only if the
court finds by clear and convincing evidence that the proposed change
is in the best interests of the child.
   (b) Any person, including a child who is a dependent of the
juvenile court, may petition the court to assert a relationship as a
sibling related by blood, adoption, or affinity through a common
legal or biological parent to a child who is, or is the subject of a
petition for adjudication as, a dependent of the juvenile court, and
may request visitation with the dependent child, placement with or
near the dependent child, or consideration when determining or
implementing a case plan or permanent plan for the dependent child or
make any other request for an order which may be shown to be in the
best interest of the dependent child. The court may appoint a
guardian ad litem to file the petition for the dependent child
asserting the sibling relationship if the court determines that the
appointment is necessary for the best interests of the dependent
child. The petition shall be verified and shall set forth the
following:
   (1) Through which parent he or she is related to the dependent
child.
   (2) Whether he or she is related to the dependent child by blood,
adoption, or affinity.
   (3) The request or order that the petitioner is seeking.
   (4) Why that request or order is in the best interest of the
dependent child.
   (c) (1) Any party, including a child who is a dependent of the
juvenile court, may petition the court, prior to the hearing set
pursuant to subdivision (f) of Section 366.21 for a child described
by subparagraph (A) of paragraph (1) of subdivision (a) of Section
361.5, or prior to the hearing set pursuant to subdivision (e) of
Section 366.21 for a child described by subparagraph (B) or (C) of
paragraph (1) of subdivision (a) of Section 361.5, to terminate
court-ordered reunification services provided under subdivision (a)
of Section 361.5 only if one of the following conditions exists:
   (A) It appears that a change of circumstance or new evidence
exists that satisfies a condition set forth in subdivision (b) or (e)
of Section 361.5 justifying termination of court-ordered
reunification services.
   (B) The action or inaction of the parent or guardian creates a
substantial likelihood that reunification will not occur, including,
but not limited to, the parent or guardian's failure to visit the
child, or the failure of the parent or guardian to participate
regularly and make substantive progress in a court-ordered treatment
plan.
   (2) In determining whether the parent or guardian has failed to
visit the child or participate regularly or make progress in the
treatment plan, the court shall consider factors including, but not
limited to, the parent or guardian's incarceration,
institutionalization, or participation in a court-ordered residential
substance abuse treatment program.
   (3) The court shall terminate reunification services during the
above-described time periods only upon a finding by a preponderance
of evidence that reasonable services have been offered or provided,
and upon a finding of clear and convincing evidence that one of the
conditions in subparagraph (A) or (B) of paragraph (1) exists.
   (4) If the court terminates reunification services, it shall order
that a hearing pursuant to Section 366.26 be held within 120 days.
   (d) If it appears that the best interests of the child may be
promoted by the proposed change of order, modification of
reunification services, custody, or visitation orders concerning a
child for whom reunification services were not ordered pursuant to
paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5,
recognition of a sibling relationship, termination of jurisdiction,
or clear and convincing evidence supports revocation or termination
of court-ordered reunification services, the court shall order that a
hearing be held and shall give prior notice, or cause prior notice
to be given, to the persons and by the means prescribed by Section
386, and, in those instances in which the means of giving notice is
not prescribed by those sections, then by means the court prescribes.

   (e) (1) On and after January 1, 2012, a nonminor who attained 18
years of age while subject to an order for foster care placement and,
commencing January 1, 2012, who has not attained 19 years of age,
or, commencing January 1, 2013, 20 years of age, or, commencing
January 1, 2014, 21 years of age, for whom the court has dismissed
dependency jurisdiction pursuant to Section 391, or delinquency
jurisdiction pursuant to Section 607.2 or transition jurisdiction
pursuant to Section 452, but has retained general jurisdiction under
subdivision (b) of Section 303, or the county child welfare services,
probation department, or tribal placing agency on behalf of the
nonminor, may petition the court in the same action in which the
child was found to be a dependent or delinquent child of the juvenile
court, for a hearing to resume the dependency jurisdiction over a
former dependent or to assume or resume transition jurisdiction over
a former delinquent ward pursuant to Section 450. The petition shall
be filed within the period that the nonminor is of the age described
in this paragraph. If the nonminor has completed the voluntary
reentry agreement, as described in subdivision (z) of Section 11400,
with the placing agency, the agency shall file the petition on behalf
of the nonminor within 15 judicial days of the date the agreement
was signed unless the nonminor elects to file the petition at an
earlier date.
   (2) (A) The petition to resume jurisdiction may be filed in the
juvenile court that retains general jurisdiction under subdivision
(b) of Section 303, or the petition may be submitted to the juvenile
court in the county where the youth resides and forwarded to the
juvenile court that retained general jurisdiction and filed with that
court. The juvenile court having general jurisdiction under Section
303 shall receive the petition from the court where the petition was
submitted within five court days of its submission, if the petition
is filed in the county of residence. The juvenile court that retained
general jurisdiction shall order that a hearing be held within 15
judicial days of the date the petition was filed if there is a prima
facie showing that the nonminor satisfies the following criteria:
   (i) He or she was previously under juvenile court jurisdiction,
subject to an order for foster care placement when he or she attained
18 years of age, and has not attained the age limits described in
paragraph (1).
   (ii) He or she intends to satisfy at least one of the conditions
set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
Section 11403.
   (iii) He or she wants assistance either in maintaining or securing
appropriate supervised placement, or is in need of immediate
placement and agrees to supervised placement pursuant to the
voluntary reentry agreement as described in subdivision (z) of
Section 11400.
   (B)  Upon ordering a hearing, the court shall give prior notice,
or cause prior notice to be given, to the persons and by the means
prescribed by Section 386, except that notice to parents or former
guardians shall not be provided unless the nonminor requests, in
writing on the face of the petition, notice to the parents or former
guardians.
   (3) The Judicial Council, by January 1, 2012, shall adopt rules of
court to allow for telephonic appearances by nonminor former
dependents or delinquents in these proceedings, and for telephonic
appearances by nonminor dependents in any proceeding in which the
nonminor dependent is a party, and he or she declines to appear and
elects a telephonic appearance.
   (4) Prior to the hearing on a petition to resume dependency
jurisdiction or to assume or resume transition jurisdiction, the
court shall order the county child welfare or probation department or
Indian tribe that has entered into an agreement pursuant to Section
10553.1 to prepare a report for the court addressing whether the
nonminor intends to satisfy at least one of the criteria set forth in
subdivision (b) of Section 11403. When the recommendation is for the
nonminor dependent to be placed in a setting where minor dependents
also reside, the results of a background check of the petitioning
nonminor conducted pursuant to Section 16504.5, used by the placing
agency to determine appropriate placement options for the nonminor.
The existence of a criminal conviction is not a bar to eligibility
for reentry or resumption of dependency jurisdiction or the
assumption or resumption of transition jurisdiction over a nonminor.
   (5) (A) The court shall resume dependency jurisdiction over a
former dependent or assume or resume transition jurisdiction over a
former delinquent ward pursuant to Section 450, and order that the
nonminor's placement and care be under the responsibility of the
county child welfare services department, the probation department,
or tribe, if the court finds all of the following:
   (i) The nonminor was previously under juvenile court jurisdiction
subject to an order for foster care placement when he or she attained
18 years of age.
   (ii) The nonminor has not attained the age limits described in
paragraph (1).
   (iii) Reentry and remaining in foster care are in the nonminor's
best interests.
   (iv) The nonminor intends to satisfy, and agrees to satisfy, at
least one of the criteria set forth in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 11403, or demonstrates his
or her agreement to satisfy the criteria by signing the voluntary
reentry agreement as described in subdivision (z) of Section 11400.
   (B) The agency made responsible for the nonminor's placement and
care pursuant to subparagraph (A) shall prepare a new transitional
independent living case plan and submit it to the court within 60
days of the resumption of dependency jurisdiction or assumption or
resumption of transition jurisdiction.
   (C) In no event shall the court grant a continuance that would
cause the hearing to resume dependency jurisdiction or to assume or
resume transition jurisdiction to be completed more than 120 days
after the date the petition was submitted.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure that parents of children who are in dependency
proceedings due to a parent's sexual abuse or severe physical harm to
that child or siblings of that child are only given reunification
services in modification proceedings in limited circumstances, it is
necessary for this act to take effect immediately.