BILL NUMBER: SB 1667	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Kuehl

                        FEBRUARY 24, 2006

   An act to amend Section 295 of the Welfare and Institutions Code,
relating to dependent children.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1667, as introduced, Kuehl  Dependent children.
   Existing law authorizes the juvenile court to adjudge a minor who
has been abused or neglected, or who meets other specified criteria,
to be a dependent child of the court. Existing law requires a social
worker or probation officer to give notice of review hearings
relating to the adoption or legal guardianship of the minor to
specified persons. Among others, the social worker or probation
officer is required to give notice to the foster parents, Indian
custodian, relative caregivers, community care facilitator or foster
family agency having physical custody of the child, if a child is
removed from the physical custody of the parents or legal guardian.
   This bill would authorize any foster parent, Indian custodian,
relative caregiver, community care facilitator, or foster family
agency who is notified, as described above, to attend all hearings
and to submit any information he or she deems relevant to the court
in writing.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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


  SECTION 1.  Section 295 of the Welfare and Institutions Code is
amended to read:
   295.  The social worker or probation officer shall give notice of
review hearings held pursuant to Section 366.3 in the following
manner:
   (a) Notice of the hearing shall be given to the following persons:

   (1) The mother.
   (2) The presumed father.
   (3) The legal guardian or guardians.
   (4) The child, if the child is 10 years of age or older.
   (5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (6) The foster parents, Indian custodian, relative caregivers,
community care facility, or foster family agency having physical
custody of the child  in the case of   if 
a child  is  removed from the physical custody of the
parents or legal guardian.  The person notified may attend all
hearings and may submit any information he or she deems relevant to
the court in writing. 
   (7) The attorney of record if that attorney of record was not
present at the time that the hearing was set by the court.
   (8) The alleged father or fathers, but only if the recommendation
is to set a new hearing pursuant to Section 366.26.
   (9) If the court knows or has reason to know that an Indian child
is involved, then to the Indian custodian and the tribe of that
child. If the identity or location of the parent or Indian custodian
and the tribe cannot be determined, notice shall be given to the
Bureau of Indian Affairs.
   (b) No notice is required for a parent whose parental rights have
been terminated.
   (c) The notice of the review hearing shall be served no earlier
than 30 days, nor later than 15 days, before the hearing. In the case
of an Indian child, if notice is given to the Bureau of Indian
Affairs, the bureau shall have 15 days after receipt to provide the
requisite notice to the parent or Indian custodian and the tribe.
   (d) (1) The notice of the review hearing shall contain a statement
regarding the nature of the hearing to be held, any recommended
change in the custody or status of the child, and any recommendation
that the court set a new hearing pursuant to Section 366.26 in order
to select a more permanent plan.
   (2) In the case of an Indian child, the notice shall contain a
statement that the parent or Indian custodian and the tribe have a
right to intervene at any point in the proceedings. The notice shall
also include a statement that the parent or Indian custodian and the
tribe shall, upon request, be granted up to 20 additional days to
prepare for the proceedings.
   (e) Service of notice shall be by first-class mail addressed to
the last known address of the person to be provided notice. In the
case of an Indian child, notice shall be by registered mail, return
receipt requested.
   (f) If the child is ordered into a permanent plan of legal
guardianship, and subsequently a petition to terminate or modify the
guardianship is filed, the probation officer or social worker shall
serve notice of the petition not less than 15 court days prior to the
hearing on all persons listed in subdivision (a) and on the court
that established legal guardianship if it is in another county.