BILL NUMBER: AB 1716	CHAPTERED  07/03/00

	CHAPTER   56
	FILED WITH SECRETARY OF STATE   JULY 3, 2000
	APPROVED BY GOVERNOR   JUNE 30, 2000
	PASSED THE SENATE   JUNE 22, 2000
	PASSED THE ASSEMBLY   MAY 1, 2000
	AMENDED IN ASSEMBLY   APRIL 25, 2000

INTRODUCED BY   Assembly Member Robert Pacheco

                        JANUARY 3, 2000

   An act to amend Section 316.2 of the Welfare and Institutions
Code, relating to paternity.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1716, Robert Pacheco.  Dependency proceedings:  paternity.
   Existing law requires the juvenile court, at the detention hearing
held in a dependency proceeding, or as soon thereafter as
practicable, to inquire of the mother and any other appropriate
person as to the identity and address of all presumed or alleged
fathers of the child who is the subject of the proceeding, and
specifies the factors the court may consider in this regard.
Existing law also provides for specified notice to alleged fathers,
and provides for a determination of paternity upon certain
circumstances.
   This bill would require the juvenile court to consider specified
factors that the juvenile court deems appropriate when making its
inquiry of the father, including whether any man has declared
paternity of the child by signing a voluntary declaration thereof,
among other factors.  The bill would also require the juvenile court,
after any inquiry, proceeding, or determination made pursuant to the
above provisions, to note its findings in the minutes of the court.
It also would make a related change.


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


  SECTION 1.  Section 316.2 of the Welfare and Institutions Code is
amended to read:
   316.2.  (a) At the detention hearing, or as soon thereafter as
practicable, the court shall inquire of the mother and any other
appropriate person as to the identity and address of all presumed or
alleged fathers.  The presence at the hearing of a man claiming to be
the father shall not relieve the court of its duty of inquiry.  The
inquiry shall include at least all of the following, as the court
deems appropriate:
   (1) Whether a judgment of paternity already exists.
   (2) Whether the mother was married or believed she was married at
the time of conception of the child or at any time thereafter.
   (3) Whether the mother was cohabiting with a man at the time of
conception or birth of the child.
   (4) Whether the mother has received support payments or promises
of support with respect to the child or in connection with her
pregnancy.
   (5) Whether any man has formally or informally acknowledged or
declared his possible paternity of the child, including by signing a
voluntary declaration of paternity.
   (6) Whether paternity tests have been administered and the
results, if any.
   (7) Whether any man otherwise qualifies as a presumed father
pursuant to Section 7611, or any other provision, of the Family Code.

   (b) If, after the court inquiry, one or more men are identified as
an alleged father, each alleged father shall be provided notice at
his last and usual place of abode by certified mail return receipt
requested alleging that he is or could be the father of the child.
The notice shall state that the child is the subject of proceedings
under Section 300 and that the proceedings could result in the
termination of parental rights and adoption of the child.  Judicial
Council form Paternity-Waiver of Rights (JV-505) shall be included
with the notice.  Nothing in this section shall preclude a court from
terminating a father's parental rights even if an action has been
filed under Section 7630 or 7631 of the Family Code.
   (c) The court may determine that the failure of an alleged father
to return the certified mail receipt is not good cause to continue a
hearing pursuant to Section 355, 358, 360, 366.21, or 366.22.
   (d) If a man appears in the dependency action and files an action
under Section 7630 or 7631 of the Family Code, the court shall
determine if he is the father.
   (e) After a petition has been filed to declare a child a dependent
of the court, and until the time that the petition is dismissed,
dependency is terminated, or parental rights are terminated pursuant
to Section 366.26 or proceedings are commenced under Part 4
(commencing with Section 7800) of Division 12 of the Family Code, the
juvenile court which has jurisdiction of the dependency action shall
have exclusive jurisdiction to hear an action filed under Section
7630 or 7631 of the Family Code.
   (f) After any inquiry, proceeding, or determination made pursuant
to this section, the juvenile court shall note its findings in the
minutes of the court.