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SB 1085
Signed into law in 2022.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge certain children to be dependents 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 illness as a result of various types of neglect.
Existing law prohibits a child from being found to be within the jurisdiction of the juvenile court on that basis solely due to the lack of an emergency shelter for the family or the failure of the child’s parent or alleged parent to seek court orders for custody of the child.
This bill would prohibit a child from being found to be within the jurisdiction of the juvenile court on that basis solely due to indigence or other conditions of financial difficulty. The bill would state the intent of the Legislature that families should not be subject to the jurisdiction of the juvenile court nor should children be separated from their parents based on conditions of financial difficulty, as specified.
SB 578
Signed by Governor Newsom and chaptered 10/8/2023.
This bill would require the social worker’s report to also include information regarding the short-term and long-term harms to the child that may result from their removal, including:
1. the child’s perspective on removal, the existing relationship between the child and members of the household, and
2. the disruption to the child’s schooling, social relationships, and
3. physical or emotional health that may result from placement out of the home, and
4. in the case of an Indian child, the child’s connection to their tribe, extended family members, and tribal community.
The bill would also require the social worker’s report to include placement options, including an assessment of the least disruptive alternatives to returning the child to the custody of their parent, guardian, or Indian custodian, and other measures that may be taken to alleviate disruption and minimize the harms of removal.
The bill would require the court to determine whether less disruptive alternatives to removal were considered, as specified. If the court finds that removal is necessary, require the court to set forth, in a written order or on the record: the child’s placement and the basis for its findings, whether the placement complies with specified placement preferences, and would require the court to include any orders necessary to alleviate any disruption or harm to the child resulting from removal.
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