CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1401Introduced by Assembly Member MaienscheinFebruary 17, 2017 An act to amend Section 340 of the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGESTAB 1401, as introduced, Maienschein. Juveniles: protective custody warrant.Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be dependents of the court under certain circumstances, including when the child is abused, a parent or guardian fails to adequately supervise or protect the child, as specified, or a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law requires a proceeding in the juvenile court to declare a child to be a dependent child of the court to be commenced by the filing with the court, by the social worker, of a petition in conformity with specified requirements. Existing law authorizes the court to issue a protective custody warrant for a minor under certain circumstances, including when a petition has been filed in the juvenile court alleging that the minor comes within the jurisdiction of the juvenile court as a dependent or when a dependent minor has run away from his or her court-ordered placement.This bill would authorize the court to issue a protective custody warrant, without filing a petition in the juvenile court alleging that the minor comes within the jurisdiction of the juvenile court as a dependent, if there is probable cause to believe the minor comes within the jurisdiction of the juvenile court as a dependent, there is a substantial danger to the physical or emotional health, or both, of the child, and there are no reasonable means to protect the child without removal.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 340 of the Welfare and Institutions Code is amended to read:340. (a) Whenever a petition has been filed in the juvenile court alleging that a minor comes within Section 300 and praying for a hearing thereon, on that petition, or whenever any subsequent petition has been filed praying for a hearing in the matter of the minor and it appears to the court that the circumstances of his or her home environment may endanger the health, person, or welfare of the minor, or whenever a dependent minor has run away from his or her court ordered court-ordered placement, a protective custody warrant may be issued immediately for the minor.(b) A protective custody warrant may be issued without filing a petition under Section 300 if the court finds probable cause to support all of the following:(1) The child is a person described in Section 300.(2) There is a substantial danger to the physical or emotional health, or both, of the child.(3) There are no reasonable means to protect the child without removal.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1401Introduced by Assembly Member MaienscheinFebruary 17, 2017 An act to amend Section 340 of the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGESTAB 1401, as introduced, Maienschein. Juveniles: protective custody warrant.Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be dependents of the court under certain circumstances, including when the child is abused, a parent or guardian fails to adequately supervise or protect the child, as specified, or a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law requires a proceeding in the juvenile court to declare a child to be a dependent child of the court to be commenced by the filing with the court, by the social worker, of a petition in conformity with specified requirements. Existing law authorizes the court to issue a protective custody warrant for a minor under certain circumstances, including when a petition has been filed in the juvenile court alleging that the minor comes within the jurisdiction of the juvenile court as a dependent or when a dependent minor has run away from his or her court-ordered placement.This bill would authorize the court to issue a protective custody warrant, without filing a petition in the juvenile court alleging that the minor comes within the jurisdiction of the juvenile court as a dependent, if there is probable cause to believe the minor comes within the jurisdiction of the juvenile court as a dependent, there is a substantial danger to the physical or emotional health, or both, of the child, and there are no reasonable means to protect the child without removal.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1401
Introduced by Assembly Member MaienscheinFebruary 17, 2017
Introduced by Assembly Member Maienschein
February 17, 2017
An act to amend Section 340 of the Welfare and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1401, as introduced, Maienschein. Juveniles: protective custody warrant.
Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be dependents of the court under certain circumstances, including when the child is abused, a parent or guardian fails to adequately supervise or protect the child, as specified, or a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law requires a proceeding in the juvenile court to declare a child to be a dependent child of the court to be commenced by the filing with the court, by the social worker, of a petition in conformity with specified requirements. Existing law authorizes the court to issue a protective custody warrant for a minor under certain circumstances, including when a petition has been filed in the juvenile court alleging that the minor comes within the jurisdiction of the juvenile court as a dependent or when a dependent minor has run away from his or her court-ordered placement.This bill would authorize the court to issue a protective custody warrant, without filing a petition in the juvenile court alleging that the minor comes within the jurisdiction of the juvenile court as a dependent, if there is probable cause to believe the minor comes within the jurisdiction of the juvenile court as a dependent, there is a substantial danger to the physical or emotional health, or both, of the child, and there are no reasonable means to protect the child without removal.
Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be dependents of the court under certain circumstances, including when the child is abused, a parent or guardian fails to adequately supervise or protect the child, as specified, or a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law requires a proceeding in the juvenile court to declare a child to be a dependent child of the court to be commenced by the filing with the court, by the social worker, of a petition in conformity with specified requirements. Existing law authorizes the court to issue a protective custody warrant for a minor under certain circumstances, including when a petition has been filed in the juvenile court alleging that the minor comes within the jurisdiction of the juvenile court as a dependent or when a dependent minor has run away from his or her court-ordered placement.
This bill would authorize the court to issue a protective custody warrant, without filing a petition in the juvenile court alleging that the minor comes within the jurisdiction of the juvenile court as a dependent, if there is probable cause to believe the minor comes within the jurisdiction of the juvenile court as a dependent, there is a substantial danger to the physical or emotional health, or both, of the child, and there are no reasonable means to protect the child without removal.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 340 of the Welfare and Institutions Code is amended to read:340. (a) Whenever a petition has been filed in the juvenile court alleging that a minor comes within Section 300 and praying for a hearing thereon, on that petition, or whenever any subsequent petition has been filed praying for a hearing in the matter of the minor and it appears to the court that the circumstances of his or her home environment may endanger the health, person, or welfare of the minor, or whenever a dependent minor has run away from his or her court ordered court-ordered placement, a protective custody warrant may be issued immediately for the minor.(b) A protective custody warrant may be issued without filing a petition under Section 300 if the court finds probable cause to support all of the following:(1) The child is a person described in Section 300.(2) There is a substantial danger to the physical or emotional health, or both, of the child.(3) There are no reasonable means to protect the child without removal.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 340 of the Welfare and Institutions Code is amended to read:340. (a) Whenever a petition has been filed in the juvenile court alleging that a minor comes within Section 300 and praying for a hearing thereon, on that petition, or whenever any subsequent petition has been filed praying for a hearing in the matter of the minor and it appears to the court that the circumstances of his or her home environment may endanger the health, person, or welfare of the minor, or whenever a dependent minor has run away from his or her court ordered court-ordered placement, a protective custody warrant may be issued immediately for the minor.(b) A protective custody warrant may be issued without filing a petition under Section 300 if the court finds probable cause to support all of the following:(1) The child is a person described in Section 300.(2) There is a substantial danger to the physical or emotional health, or both, of the child.(3) There are no reasonable means to protect the child without removal.
SECTION 1. Section 340 of the Welfare and Institutions Code is amended to read:
### SECTION 1.
340. (a) Whenever a petition has been filed in the juvenile court alleging that a minor comes within Section 300 and praying for a hearing thereon, on that petition, or whenever any subsequent petition has been filed praying for a hearing in the matter of the minor and it appears to the court that the circumstances of his or her home environment may endanger the health, person, or welfare of the minor, or whenever a dependent minor has run away from his or her court ordered court-ordered placement, a protective custody warrant may be issued immediately for the minor.(b) A protective custody warrant may be issued without filing a petition under Section 300 if the court finds probable cause to support all of the following:(1) The child is a person described in Section 300.(2) There is a substantial danger to the physical or emotional health, or both, of the child.(3) There are no reasonable means to protect the child without removal.
340. (a) Whenever a petition has been filed in the juvenile court alleging that a minor comes within Section 300 and praying for a hearing thereon, on that petition, or whenever any subsequent petition has been filed praying for a hearing in the matter of the minor and it appears to the court that the circumstances of his or her home environment may endanger the health, person, or welfare of the minor, or whenever a dependent minor has run away from his or her court ordered court-ordered placement, a protective custody warrant may be issued immediately for the minor.(b) A protective custody warrant may be issued without filing a petition under Section 300 if the court finds probable cause to support all of the following:(1) The child is a person described in Section 300.(2) There is a substantial danger to the physical or emotional health, or both, of the child.(3) There are no reasonable means to protect the child without removal.
340. (a) Whenever a petition has been filed in the juvenile court alleging that a minor comes within Section 300 and praying for a hearing thereon, on that petition, or whenever any subsequent petition has been filed praying for a hearing in the matter of the minor and it appears to the court that the circumstances of his or her home environment may endanger the health, person, or welfare of the minor, or whenever a dependent minor has run away from his or her court ordered court-ordered placement, a protective custody warrant may be issued immediately for the minor.(b) A protective custody warrant may be issued without filing a petition under Section 300 if the court finds probable cause to support all of the following:(1) The child is a person described in Section 300.(2) There is a substantial danger to the physical or emotional health, or both, of the child.(3) There are no reasonable means to protect the child without removal.
340. (a) Whenever a petition has been filed in the juvenile court alleging that a minor comes within Section 300 and praying for a hearing thereon, on that petition, or whenever any subsequent petition has been filed praying for a hearing in the matter of the minor and it appears to the court that the circumstances of his or her home environment may endanger the health, person, or welfare of the minor, or whenever a dependent minor has run away from his or her court ordered court-ordered placement, a protective custody warrant may be issued immediately for the minor.
(b) A protective custody warrant may be issued without filing a petition under Section 300 if the court finds probable cause to support all of the following:
(1) The child is a person described in Section 300.
(2) There is a substantial danger to the physical or emotional health, or both, of the child.
(3) There are no reasonable means to protect the child without removal.