BILL ANALYSIS Ó
SB 1336
Page 1
SENATE THIRD READING
SB
1336 (Jackson)
As Amended August 25, 2016
Majority vote
SENATE VOTE: 38-1
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Judiciary |8-0 |Mark Stone, Wagner, | |
| | |Chau, Chiu, | |
| | |Gallagher, | |
| | | | |
| | | | |
| | |Cristina Garcia, | |
| | |Holden, Ting | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Human Services |5-0 |Bonilla, Arambula, | |
| | |Lopez, Mark Stone, | |
| | |Thurmond | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |19-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
SB 1336
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| | |Daly, Eggman, | |
| | |Gallagher, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Holden, Jones, | |
| | |Obernolte, Quirk, | |
| | |Santiago, Wagner, | |
| | |Weber, Wood, Chu | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Human Services |5-0 |Bonilla, Lopez, | |
| | |Maienschein, Mark | |
| | |Stone, Thurmond | |
| | | | |
| | | | |
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SUMMARY: Requires court review of county family finding
activities for foster children. Specifically, this bill requires
the court, whenever a child is removed from his or her parent's
custody and made a dependent of the juvenile court, to make a
specified finding as to whether the social worker exercised due
diligence in conducting the required investigation to identify,
locate and notify a child's relatives of the detention, and
allows the court to consider specified factors in making this
finding.
EXISTING LAW:
1)Provides that a minor may be removed from the physical custody
of his or her parents and become a dependent of the juvenile
court as the result of abuse or neglect, as specified.
(Welfare & Institutions Code (WIC) Section 300. Unless stated
otherwise, all further statutory references are to that code.)
2)Requires a social worker to immediately release a child in
temporary custody to the child's parent or guardian. Defines
the steps and timelines a county must take after detaining a
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child, including specific steps and timelines to search for
relatives. Requires assessment of relatives or nonrelated
extended family members (NREFMs) who seek placement of the
child. (WIC Section 309; Cal. Rule Ct. 5.695 (f), (g).)
3)Requires the court, at the detention hearing, to take certain
steps to evaluate the case, determine whether the child can be
returned home safely, and, if not, to ensure the child is
placed in an appropriate placement, with priority
consideration for relatives, as specified. (WIC Section 319.)
4)Requires that prior to determining the appropriate
disposition, the court shall receive in evidence the report of
the child made by the social worker. (WIC Section 358.)
5)Creates preferential consideration for a request by a relative
of a child for placement, and requires, in determining whether
the placement is appropriate, the county social worker and the
court to consider a number of factors including the best
interests of the child, the wishes of the parent, placement of
siblings, and the nature of the relationship between the child
and the relative. Requires that whenever a new placement of
the child must be made, consideration for placement shall
again be to relatives who have not been found to be unsuitable
and who will fulfill the child's reunification or permanent
plan requirements. (WIC Section 361.3.)
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: Abused and neglected children who have been removed
from their homes fall under the jurisdiction of the child
welfare system. This system seeks to ensure the safety and
protection of these children, and where possible, preserve and
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strengthen families through services, visitation and family
reunification. After a child is taken from the custody of his
or her parents, social workers are required to release a child
temporarily to a responsible parent, guardian, or relative,
unless a specified condition exists. If that cannot be done,
the social worker is required to seek out relatives and find
another placement for the child, and throughout the child
welfare process, there is a strong preference that the child be
placed with relatives. This bill seeks to help children be
placed with relatives by requiring the court, whenever a child
is removed from his or her parent's custody and made a dependent
of the juvenile court, to make a finding as to whether the
social worker exercised due diligence in conducting the required
investigation to identify, locate and notify a child's relatives
of the detention.
Analysis Prepared by:
Leora Gershenzon / JUD. / (916) 319-2334 FN:
0004914