Amended in Senate June 13, 2016

Amended in Assembly April 18, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2580


Introduced by Assembly Member Olsen

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(Coauthor: Assembly Member Williams)

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(Coauthor: Senator Runner)

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February 19, 2016


An act tobegin insert amend Section 290.1 of, and toend insert add Section 16010.7begin delete toend deletebegin insert to,end insert the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2580, as amended, Olsen. Foster care: placements.

Existing law finds and declares that foster parents are one of the most important sources of information about the children in their care and that courts should know, at the earliest possible date, the interest of a caretaker in providing legal permanency for a child.

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Existing law authorizes the juvenile court to adjudge a minor who has been abused or neglected, or who meets other specified criteria, to be a dependent child of the court. Existing law requires the court to conduct various hearings regarding children who are, or who may become, dependent children. Existing law requires the probation officer or the social worker to provide notice of those hearings to certain persons, including parents, guardians, the child if he or she is 10 years of age or older, adult relatives under certain conditions, and attorneys for the parents or guardians, as specified.

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This bill would authorize a caregiver, if a foster child is removed from his or her care in order to reunify with his or her parent or guardian, tobegin delete indicateend deletebegin insert indicate, in writing,end insert to the child’s social worker that he or she is interested in providing and willing to provide care for the child in the future if the child is in need of foster carebegin delete placement.end deletebegin insert placement and would require the caregiver to provide contact information, as specified. The bill would also require the probation officer or social worker to provide notice of a hearing, if the probation officer or social worker determines that the child will be retained in custody, to a caregiver who indicated that he or she was interested in providing and willing to provide care for the child in the future. By imposing new duties on probation officers and social workers, the bill would create a state-mandated local program. end insert

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 290.1 of the end insertbegin insertWelfare and Institutions
2Code
end insert
begin insert, as amended by Section 1 of Chapter 219 of the Statutes of
32015, is amended to read:end insert

4

290.1.  

If the probation officer or social worker determines that
5the child shall be retained in custody, he or she shall immediately
6file a petition pursuant to Section 332 with the clerk of the juvenile
7court, who shall set the matter for hearing on the detention hearing
8calendar. The probation officer or social worker shall serve notice
9as prescribed in this section.

10(a) Notice shall be given to the following persons whose
11whereabouts are known or become known prior to the initial
12petition hearing:

13(1) The mother.

14(2) The father or fathers, presumed and alleged.

15(3) The legal guardian or guardians.

16(4) The child, if the child is 10 years of age or older.

P3    1(5) Any known sibling of the child who is the subject of the
2hearing if that sibling either is the subject of a dependency
3proceeding or has been adjudged to be a dependent child of the
4juvenile court. If the sibling is 10 years of age or older, the sibling,
5the sibling’s caregiver, and the sibling’s attorney. If the sibling is
6under 10 years of age, the sibling’s caregiver and the sibling’s
7attorney. However, notice is not required to be given to any sibling
8whose matter is calendared in the same court on the same day.

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9
(6) The caregiver who cared for the child in a foster home in
10which a child has been placed before an interruption of the foster
11care placement if the caregiver indicated, to the social worker,
12his or her willingness to care for the child in the future pursuant
13to Section 16010.7.

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14(6)

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15begin insert(7)end insert If there is no parent or guardian residing in California, or if
16the residence is unknown, then to any adult relative residing within
17the county, or, if none, the adult relative residing nearest the court.

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18(7)

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19begin insert(8)end insert The attorney for the parent or parents, or legal guardian or
20guardians.

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21(8)

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22begin insert(9)end insert The district attorney, if the district attorney has notified the
23clerk of the court that he or she wishes to receive the petition,
24containing the time, date, and place of the hearing.

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25(9)

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26begin insert(10)end insert The probate department of the superior court that appointed
27the guardian, if the child is a ward of a guardian appointed pursuant
28to the Probate Code.

29(b) No notice is required for a parent whose parental rights have
30been terminated.

31(c) The notice shall be given as soon as possible after the filing
32of the petition.

33(d) The notice of the initial petition hearing shall include all of
34the following:

35(1) The date, time, and place of the hearing.

36(2) The name of the child.

37(3) A copy of the petition.

38(e) Service of the notice shall be written or oral. If the person
39being served cannot read, notice shall be given orally. Except as
40provided in subdivisions (f), (g), and (h), written notice may be
P4    1served by electronic mail if the county, or city and county, and the
2court choose to permit service by electronic mail and the person
3to be served has consented to service by electronic mail by signing
4Judicial Council Form EFS-005.

5(f) If the probation officer or social worker knows or has reason
6to know that an Indian child is involved, notice shall be given in
7accordance with Section 224.2.

8(g) Except as provided in subdivision (h), if notice is required
9to be provided to a child pursuant to paragraph (4) or (5) of
10subdivision (a), written notice may be served on the child by
11electronic mail only if all of the following requirements are
12satisfied:

13(1) The county, or city and county, and the court choose to
14permit service by electronic mail.

15(2) The child is 16 years of age or older.

16(3) The child has consented to service by electronic mail by
17signing Judicial Council Form EFS-005.

18(4) The attorney for the child has consented to service of the
19minor by electronic mail by signing Judicial Council Form
20EFS-005.

21(h) If notice is required to be provided to a child pursuant to
22paragraph (4) or (5) of subdivision (a), written notice may be served
23on the child by electronic mail as well as by regular mail if all of
24the following requirements are satisfied:

25(1) The county, or city and county, and the court choose to
26permit service by electronic mail.

27(2) The child is 14 or 15 years of age.

28(3) The child has consented to service by electronic mail by
29signing Judicial Council Form EFS-005.

30(4) The attorney for the child has consented to service of the
31minor by electronic mail by signing Judicial Council Form
32EFS-005.

33(i) This section shall remain in effect only until January 1, 2019,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2019, deletes or extends that date.

36begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 290.1 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert, as
37added by Section 2 of Chapter 219 of the Statutes of 2015, is
38amended to read:end insert

39

290.1.  

If the probation officer or social worker determines that
40the child shall be retained in custody, he or she shall immediately
P5    1file a petition pursuant to Section 332 with the clerk of the juvenile
2court, who shall set the matter for hearing on the detention hearing
3calendar. The probation officer or social worker shall serve notice
4as prescribed in this section.

5(a) Notice shall be given to the following persons whose
6whereabouts are known or become known prior to the initial
7petition hearing:

8(1) The mother.

9(2) The father or fathers, presumed and alleged.

10(3) The legal guardian or guardians.

11(4) The child, if the child is 10 years of age or older.

12(5) Any known sibling of the child who is the subject of the
13hearing if that sibling either is the subject of a dependency
14proceeding or has been adjudged to be a dependent child of the
15juvenile court. If the sibling is 10 years of age or older, the sibling,
16the sibling’s caregiver, and the sibling’s attorney. If the sibling is
17under 10 years of age, the sibling’s caregiver and the sibling’s
18attorney. However, notice is not required to be given to any sibling
19whose matter is calendared in the same court on the same day.

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20
(6) The caregiver who cared for the child in a foster home in
21which a child has been placed before an interruption of the foster
22care placement if the caregiver indicated, to the social worker,
23his or her willingness to care for the child in the future pursuant
24to Section 16010.7.

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25(6)

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26begin insert(7)end insert If there is no parent or guardian residing in California, or if
27the residence is unknown, then to any adult relative residing within
28the county, or, if none, the adult relative residing nearest the court.

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29(7)

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30begin insert(8)end insert The attorney for the parent or parents, or legal guardian or
31guardians.

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32(8)

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33begin insert(9)end insert The district attorney, if the district attorney has notified the
34clerk of the court that he or she wishes to receive the petition,
35containing the time, date, and place of the hearing.

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36(9)

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37begin insert(10)end insert The probate department of the superior court that appointed
38the guardian, if the child is a ward of a guardian appointed pursuant
39to the Probate Code.

P6    1(b) No notice is required for a parent whose parental rights have
2been terminated.

3(c) The notice shall be given as soon as possible after the filing
4of the petition.

5(d) The notice of the initial petition hearing shall include all of
6the following:

7(1) The date, time, and place of the hearing.

8(2) The name of the child.

9(3) A copy of the petition.

10(e) Service of the notice shall be written or oral. If the person
11being served cannot read, notice shall be given orally.

12(f) If the probation officer or social worker knows or has reason
13to know that an Indian child is involved, notice shall be given in
14accordance with Section 224.2.

15(g) This section shall become operative on January 1, 2019.

16

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17
begin insertSEC. 3.end insert  

Section 16010.7 is added to the Welfare and Institutions
18Code
, to read:

19

16010.7.  

begin insert(a)end insertbegin insertend insert If a foster child is removed from his or her
20caregiver in order to reunify with his or her parent or guardian,
21the caregiver maybegin delete indicateend deletebegin insert indicate, in writing,end insert to the child’s social
22worker at the time the child is removed from his or her care that
23the caregiver is interested in providing and willing to provide care
24for the child in the future if the child is removed from his or her
25parent or guardian and in need of foster care placement.

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26
(b) A caregiver indicating his or her interest pursuant to
27subdivision (a) shall provide contact information where he or she
28may be reached, including, but not limited to, phone numbers and
29home or business addresses. The social worker shall place this
30information in the child’s case file.

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31begin insert

begin insertSEC. 4.end insert  

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begin insertTo the extent that this act has an overall effect of
32increasing the costs already borne by a local agency for programs
33or levels of service mandated by the 2011 Realignment Legislation
34within the meaning of Section 36 of Article XIII of the California
35Constitution, it shall apply to local agencies only to the extent that
36the state provides annual funding for the cost increase. Any new
37program or higher level of service provided by a local agency
38pursuant to this act above the level for which funding has been
39provided shall not require a subvention of funds by the state or
P7    1otherwise be subject to Section 6 of Article XIII B of the California
2Constitution.end insert



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