BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1336


                                                                    Page  1





          SENATE THIRD READING


          SB  
          1336 (Jackson)


          As Amended  August 25, 2016


          Majority vote


          SENATE VOTE:  38-1


           ------------------------------------------------------------------ 
          |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       |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          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