BILL NUMBER: AB 2006	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member La Malfa

                        FEBRUARY 9, 2006

   An act to add Section 305.2 to the Welfare and Institutions Code,
relating to dependent children.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2006, as introduced, La Malfa  Dependent children: arrest of
parent or guardian.
   Existing law authorizes any peace officer, without a warrant, to
take into temporary custody a minor in specified circumstances,
including, but not limited to, when the officer has reasonable cause
for believing the minor qualifies as a dependent child of the court
and the minor has an immediate need for medical care, or other
conditions apply.
   This bill would authorize a peace officer, without a warrant, to
take into temporary custody any minor in the immediate care and
custody of a parent or guardian who is arrested under specified
circumstances, including, if the officer has reasonable cause for
believing the minor is in immediate danger of physical or sexual
abuse, or the physical environment or the fact that the minor will be
left unattended poses an immediate threat to the minor's health or
safety.
   The bill would require the peace officer to first attempt to
contact any other parent or guardian with legal custody of the child
to determine if that parent or guardian is able to assume physical
custody of the child and, if not, to notify a social worker in the
county welfare department to assume custody of the child. The bill
would require the booking officer, at the time of booking the parent
or guardian, to ask the parent or guardian for a list of able and
willing individuals that the parent or guardian approves of for
temporary placement of the minor. The list would be transmitted to
the county welfare department for investigation as to the suitability
of the prospective placements, and the county welfare department
would be required to keep a file of all screened persons for use in
the event of a subsequent arrest of the parent or guardian. By
imposing new duties on local law enforcement and social services, the
bill would create a state-mandated local program.
  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.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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


  SECTION 1.  Section 305.2 is added to the Welfare and Institutions
Code, to read:
   305.2.  (a) Any peace officer may, without a warrant, take into
temporary custody any minor in the immediate care and custody of a
parent or guardian who is arrested, if the officer has reasonable
cause for believing any of the following:
   (1) The minor is a person described in Section 300.
   (2) The minor has an immediate need for medical care.
   (3) The minor is in immediate danger of physical or sexual abuse,
or the physical environment or the fact that the minor will be left
unattended poses an immediate threat to the minor's health or safety.

   (b) In cases in which the child would be left unattended due to
the parent's or guardian's arrest, the peace officer shall first
attempt to contact any other parent or guardian with legal custody of
the child to determine if that parent or guardian is able to assume
physical custody of the child. If the parent or guardian cannot be
contacted, the peace officer shall notify a social worker in the
county welfare department to assume custody of the child.
   (c) At the time of booking of the parent or guardian, the booking
officer shall ask the parent or guardian for a list of able and
willing individuals that the parent or guardian approves of for
temporary placement of the minor. The list shall be transmitted to
the county welfare department for investigation as to the suitability
of the prospective placements, including any necessary background
checks. The county welfare department shall keep a file of all
screened persons for use in the event of a subsequent arrest of the
parent or guardian.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.