Amended IN Assembly April 18, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1446Introduced by Assembly Member CooleyFebruary 17, 2017 An act to amend Section 367 of the Welfare and Institutions Code, relating to dependent children.LEGISLATIVE COUNSEL'S DIGESTAB 1446, as amended, Cooley. Dependent children: periodic review hearing.Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child has suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Whenever a person has been adjudged to be a dependent child of the juvenile court and has been committed or otherwise disposed of for the care of dependent children of the juvenile court, existing law authorizes the court to order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, existing law requires the court to periodically review the case to determine whether the delay is reasonable. Existing law requires these periodic reviews to be held at least every 15 days, as specified, and, during the course of each review, requires the court to inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.This bill would require, in any case in which a dependent child or nonminor dependent is residing, residing for more than 15 consecutive calendar days, days in emergency shelter care, a temporary shelter care facility, or a transitional shelter care facility, as defined, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, the court to periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. The bill would require these periodic reviews to be held at least every 15 days and to include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent. By creating new duties for the social worker, this bill would impose 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 367 of the Welfare and Institutions Code is amended to read:367. (a) Whenever a person has been adjudged a dependent child of the juvenile court and has been committed or otherwise disposed of as provided in this chapter for the care of dependent children of the juvenile court, the court may order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.(b) In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, the court shall periodically review the case to determine whether the delay is reasonable. These periodic reviews shall be held at least every 15 days, commencing from the time the child was initially detained pending the execution of the order of commitment or of any other disposition, and during the course of each review the court shall inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.(c) In any case in which a dependent child or nonminor dependent is residing for more than 15 consecutive calendar days in emergency shelter care as defined in Section 16501, a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, or a transitional shelter care facility, as defined in Section 1502 of the Health and Safety Code, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, the court shall periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. These periodic reviews shall be held at least every 15 days and shall include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent.SEC. 2.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.
Amended IN Assembly April 18, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1446Introduced by Assembly Member CooleyFebruary 17, 2017 An act to amend Section 367 of the Welfare and Institutions Code, relating to dependent children.LEGISLATIVE COUNSEL'S DIGESTAB 1446, as amended, Cooley. Dependent children: periodic review hearing.Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child has suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Whenever a person has been adjudged to be a dependent child of the juvenile court and has been committed or otherwise disposed of for the care of dependent children of the juvenile court, existing law authorizes the court to order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, existing law requires the court to periodically review the case to determine whether the delay is reasonable. Existing law requires these periodic reviews to be held at least every 15 days, as specified, and, during the course of each review, requires the court to inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.This bill would require, in any case in which a dependent child or nonminor dependent is residing, residing for more than 15 consecutive calendar days, days in emergency shelter care, a temporary shelter care facility, or a transitional shelter care facility, as defined, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, the court to periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. The bill would require these periodic reviews to be held at least every 15 days and to include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent. By creating new duties for the social worker, this bill would impose 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: YESNO
Amended IN Assembly April 18, 2017
Amended IN Assembly April 18, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1446
Introduced by Assembly Member CooleyFebruary 17, 2017
Introduced by Assembly Member Cooley
February 17, 2017
An act to amend Section 367 of the Welfare and Institutions Code, relating to dependent children.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1446, as amended, Cooley. Dependent children: periodic review hearing.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child has suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Whenever a person has been adjudged to be a dependent child of the juvenile court and has been committed or otherwise disposed of for the care of dependent children of the juvenile court, existing law authorizes the court to order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, existing law requires the court to periodically review the case to determine whether the delay is reasonable. Existing law requires these periodic reviews to be held at least every 15 days, as specified, and, during the course of each review, requires the court to inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.This bill would require, in any case in which a dependent child or nonminor dependent is residing, residing for more than 15 consecutive calendar days, days in emergency shelter care, a temporary shelter care facility, or a transitional shelter care facility, as defined, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, the court to periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. The bill would require these periodic reviews to be held at least every 15 days and to include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent. By creating new duties for the social worker, this bill would impose 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 no reimbursement is required by this act for a specified reason.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child has suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Whenever a person has been adjudged to be a dependent child of the juvenile court and has been committed or otherwise disposed of for the care of dependent children of the juvenile court, existing law authorizes the court to order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.
In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, existing law requires the court to periodically review the case to determine whether the delay is reasonable. Existing law requires these periodic reviews to be held at least every 15 days, as specified, and, during the course of each review, requires the court to inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.
This bill would require, in any case in which a dependent child or nonminor dependent is residing, residing for more than 15 consecutive calendar days, days in emergency shelter care, a temporary shelter care facility, or a transitional shelter care facility, as defined, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, the court to periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. The bill would require these periodic reviews to be held at least every 15 days and to include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent. By creating new duties for the social worker, this bill would impose 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 no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 367 of the Welfare and Institutions Code is amended to read:367. (a) Whenever a person has been adjudged a dependent child of the juvenile court and has been committed or otherwise disposed of as provided in this chapter for the care of dependent children of the juvenile court, the court may order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.(b) In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, the court shall periodically review the case to determine whether the delay is reasonable. These periodic reviews shall be held at least every 15 days, commencing from the time the child was initially detained pending the execution of the order of commitment or of any other disposition, and during the course of each review the court shall inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.(c) In any case in which a dependent child or nonminor dependent is residing for more than 15 consecutive calendar days in emergency shelter care as defined in Section 16501, a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, or a transitional shelter care facility, as defined in Section 1502 of the Health and Safety Code, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, the court shall periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. These periodic reviews shall be held at least every 15 days and shall include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent.SEC. 2.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.
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 367 of the Welfare and Institutions Code is amended to read:367. (a) Whenever a person has been adjudged a dependent child of the juvenile court and has been committed or otherwise disposed of as provided in this chapter for the care of dependent children of the juvenile court, the court may order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.(b) In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, the court shall periodically review the case to determine whether the delay is reasonable. These periodic reviews shall be held at least every 15 days, commencing from the time the child was initially detained pending the execution of the order of commitment or of any other disposition, and during the course of each review the court shall inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.(c) In any case in which a dependent child or nonminor dependent is residing for more than 15 consecutive calendar days in emergency shelter care as defined in Section 16501, a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, or a transitional shelter care facility, as defined in Section 1502 of the Health and Safety Code, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, the court shall periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. These periodic reviews shall be held at least every 15 days and shall include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent.
SECTION 1. Section 367 of the Welfare and Institutions Code is amended to read:
### SECTION 1.
367. (a) Whenever a person has been adjudged a dependent child of the juvenile court and has been committed or otherwise disposed of as provided in this chapter for the care of dependent children of the juvenile court, the court may order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.(b) In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, the court shall periodically review the case to determine whether the delay is reasonable. These periodic reviews shall be held at least every 15 days, commencing from the time the child was initially detained pending the execution of the order of commitment or of any other disposition, and during the course of each review the court shall inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.(c) In any case in which a dependent child or nonminor dependent is residing for more than 15 consecutive calendar days in emergency shelter care as defined in Section 16501, a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, or a transitional shelter care facility, as defined in Section 1502 of the Health and Safety Code, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, the court shall periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. These periodic reviews shall be held at least every 15 days and shall include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent.
367. (a) Whenever a person has been adjudged a dependent child of the juvenile court and has been committed or otherwise disposed of as provided in this chapter for the care of dependent children of the juvenile court, the court may order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.(b) In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, the court shall periodically review the case to determine whether the delay is reasonable. These periodic reviews shall be held at least every 15 days, commencing from the time the child was initially detained pending the execution of the order of commitment or of any other disposition, and during the course of each review the court shall inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.(c) In any case in which a dependent child or nonminor dependent is residing for more than 15 consecutive calendar days in emergency shelter care as defined in Section 16501, a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, or a transitional shelter care facility, as defined in Section 1502 of the Health and Safety Code, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, the court shall periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. These periodic reviews shall be held at least every 15 days and shall include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent.
367. (a) Whenever a person has been adjudged a dependent child of the juvenile court and has been committed or otherwise disposed of as provided in this chapter for the care of dependent children of the juvenile court, the court may order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.(b) In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, the court shall periodically review the case to determine whether the delay is reasonable. These periodic reviews shall be held at least every 15 days, commencing from the time the child was initially detained pending the execution of the order of commitment or of any other disposition, and during the course of each review the court shall inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.(c) In any case in which a dependent child or nonminor dependent is residing for more than 15 consecutive calendar days in emergency shelter care as defined in Section 16501, a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, or a transitional shelter care facility, as defined in Section 1502 of the Health and Safety Code, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, the court shall periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. These periodic reviews shall be held at least every 15 days and shall include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent.
367. (a) Whenever a person has been adjudged a dependent child of the juvenile court and has been committed or otherwise disposed of as provided in this chapter for the care of dependent children of the juvenile court, the court may order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition.
(b) In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, the court shall periodically review the case to determine whether the delay is reasonable. These periodic reviews shall be held at least every 15 days, commencing from the time the child was initially detained pending the execution of the order of commitment or of any other disposition, and during the course of each review the court shall inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child.
(c) In any case in which a dependent child or nonminor dependent is residing for more than 15 consecutive calendar days in emergency shelter care as defined in Section 16501, a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, or a transitional shelter care facility, as defined in Section 1502 of the Health and Safety Code, or due to the lack of placement is temporarily residing in a homeless shelter, hotel, or other similar facility, the court shall periodically review the action taken by the social worker to locate a placement consistent with the case plan for the dependent child or nonminor dependent. These periodic reviews shall be held at least every 15 days and shall include review of efforts made by the social worker to identify and locate adult relatives of the child or nonminor dependent.
To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.