BILL NUMBER: SB 518	CHAPTERED  09/07/99

	CHAPTER   346
	FILED WITH SECRETARY OF STATE   SEPTEMBER 7, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 7, 1999
	PASSED THE ASSEMBLY   AUGUST 19, 1999
	PASSED THE SENATE   APRIL 5, 1999
	AMENDED IN SENATE   MARCH 22, 1999

INTRODUCED BY   Senator Schiff

                        FEBRUARY 18, 1999

   An act to amend Section 917.7 of the Code of Civil Procedure, and
to amend Section 300.2 of the Welfare and Institutions Code, relating
to dependent children.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 518, Schiff.  Dependent children.
   Under existing law, absent a writ or order of a reviewing court
providing otherwise, a judgment or court order allowing, or
eliminating restrictions against, removal of a minor from the state
are stayed by operation of law for 30 days from the entry of the
judgment or order.
   This bill would shorten that period to 7 days with respect to a
judgment or order of the juvenile court in a dependency hearing, and
would make related, technical changes.
   Existing law sets forth the purposes of provisions relating to
dependent children.
   This bill would additionally state that those provisions ensuring
the confidentiality of proceedings and records are intended to
protect the privacy rights of the child.


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


  SECTION 1.  Section 917.7 of the Code of Civil Procedure is amended
to read:
   917.7.  The perfecting of an appeal shall not stay proceedings as
to those provisions of a judgment or order which award, change, or
otherwise affect the custody, including the right of visitation, of a
minor child in any civil action, in an action filed under the
Juvenile Court Law, or in a special proceeding, or the provisions of
a judgment or order for the temporary exclusion of a party from a
dwelling, as provided in the Family Code.  However, the trial court
may in its discretion stay execution of these provisions pending
review on appeal or for any other period or periods that it may deem
appropriate.  Further, in the absence of a writ or order of a
reviewing court providing otherwise, the provisions of the judgment
or order allowing, or eliminating restrictions against, removal of
the minor child from the state are stayed by operation of law for a
period of seven calendar days from the entry of the judgment or order
by a juvenile court in a dependency hearing, or for a period of 30
calendar days from the entry of judgment or order by any other trial
court.  The periods during which these provisions allowing, or
eliminating restrictions against, removal of the minor child from the
state are stayed, are subject to further stays as ordered by the
trial court or by the juvenile court pursuant to this section.
  SEC. 2.  Section 300.2 of the Welfare and Institutions Code is
amended to read:
   300.2.  Notwithstanding any other provision of law, the purpose of
the provisions of this chapter relating to dependent children is to
provide maximum safety and protection for children who are currently
being physically, sexually, or emotionally abused, being neglected,
or being exploited, and to ensure the safety, protection, and
physical and emotional well-being of children who are at risk of that
harm.  This safety, protection, and physical and emotional
well-being may include provision of a full array of social and health
services to help the child and family and to prevent reabuse of
children.  The focus shall be on the preservation of the family as
well as the safety, protection, and physical and emotional well-being
of the child.  The provision of a home environment free from the
negative effects of substance abuse is a necessary condition for the
safety, protection and physical and emotional well-being of the
child.  Successful participation in a treatment program for substance
abuse may be considered in evaluating the home environment.  In
addition, the provisions of this chapter ensuring the confidentiality
of proceedings and records are intended to protect the privacy
rights of the child.