HomeMy WebLinkAboutMINUTES - 04191994 - 1.96 t
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TO: BOARD OF SUPERVISORS Contra
FROM: Phil Batchelor, County Administrator J COSta
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County
DATE:
April 13, � cu�`�1994 - ~�
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SUBJECT: LEGISLATION: AB 2908 (Connolly)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ACKNOWLEDGE that the Board of Supervisors is a CO-SPONSOR of AB
2908 by Assemblyman Connolly, which, as amended March 23, 1994,
would, among other things, allow the juvenile court to relieve
counsel appointed for the parent or guardian upon failure of the
parent or guardian to appear at certain hearings in juvenile court,
thereby demonstrating that the parent or guardian is no longer
interested in participating in the planning for their minor child.
BACKGROUND:
Current law provides that in a dependency proceeding the court may
appoint counsel for the parent or guardian when it appears to the
court that a parent or guardian of the minor desires counsel but is
presently financially unable to afford and cannot for that reason
employ counsel .
There have been instances where private counsel have been appointed
for a minor under these circumstances, following which the parent
or guardian drops out of sight and ceases to be involved in the
planning for the future welfare of the minor child. The attorney,
however, can continue to appear at each court hearing and collect
his or her fee from the County. It is extremely difficult for the
court to dismiss an attorney from representing a parent or guardian
under these circumstances since such a dismissal can only be done
for "cause" . It is possible for an attorney in this situation to
abuse the system and continue to collect a fee from the County,
even though the parent or guardian may no longer be in touch with
the attorney.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
IL RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): 1�U/�( X �� Lazy,=-,
ACTION OF BOARD ONi 1994 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT 1 ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED April 19 , 1994
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
BY zwv, A A I DEPUTY
-2-
Assemblyman Connolly has included in a bill he is carrying on
dependency hearings a section requested by Contra Costa County.
This section would provide that the court can dismiss the attorney
for the parent or guardian under the following circumstances :
• The attorney has been appointed by the court and is being paid
for by the county.
• The record demonstrates that the parent or guardian has been
provided notice of hearings as required by law.
• The parent or guardian has failed to appear in court pursuant
to these notices for a period of at least 18 months .
• Notice is then provided to the parent or guardian that failure
to appear at the next regularly scheduled hearing may result
in the dismissal of counsel at public expense.
• If the parent or guardian then fails to appear in court and
the court is satisfied that justice will be served by
dismissing counsel, the court can do so.
This potential abuse was brought to the County' s attention by the
Presiding Judge of the Superior Court, the Honorable Douglas
Swager, based on a newspaper article he saw and forwarded to the
County Administrator. In subsequent conversations with the
Juvenile Court Judge, the Honorable Lois Haight, Judge Haight has
suggested that we should go even further and require that a parent
or guardian appear in court at each noticed hearing unless excused
by the court. In this way, the court can observe and deal with the
parent or guardian, rather than simply with the attorneys who are
representing the parent or guardian. Judge Haight noted that it is
entirely possible for the court to supervise a child and make
placement decisions for the child without ever having the
opportunity to meet the parents or have any opportunity to observe
how the parents behave toward each other or toward their child.
While the amendments which have been included in AB 2908 do not go.
as far as Judge Haight has suggested, they begin the process of
strengthening the Juvenile Court 's hand in this regard - a process
we may wish to continue next year along the lines suggested by
Judge Haight.
The rather modest proposal suggested in AB 2908 would eliminate the
possibility of the most gross abuses of the system. This proposal
was a part of the Board' s 1994 Legislative Program and as such, it
appears appropriate for the Board to acknowledge that is the
sponsor of at least this portion of AB 2908 .
cc: County Administrator
The Honorable Douglas Swager
Presiding Judge of the Superior Court
The Honorable Lois Haight
Juvenile Court Judge
Social Services Director
County Counsel
Public Defender
Les Spahnn, Heim, Noack & Spahnn
AMENDED IN ASSEMBLY MARCID[ 23, 1994
CALIFORNIA LEGISLATURE-1993-94 REGULAR SESSION
ASSEMBLY BILL No. 2905
Introduced by Assembly Member Connolly
February 17, 1994
An act to amend Sections 317 and 366.21 of, and to add
Section 317.4 to, the Welfare and Institutions Code, relating
to minors.
LEGISLATIVE COUNSEL'S DIGEST
AB 2908, as amended, Connolly. Dependent children:
counsel: hearings.
(1) Existing law specifies the conditions under which a
minor comes within the jurisdiction of the juvenile court
which allows the court to adjudge that person to be a
dependent child of the court. Existing law governing
dependency proceedings provides for the appointment of
counsel for a minor in any case in which it appears to the court
that the minor would benefit from the appointment of
counsel. Existing law requires counsel to make or cause to
have made any further investigations he or she deems in good
faith to be reasonably necessary. Under existing law, if the
minor is 4 years of age or older, counsel is required to
interview the minor to determine the minor's wishes and to
assess the minor's well-being.
This bill would revise these provisions, and among other
things, would require the court to appoint counsel for a minor
er-eeeffipeteftt
epee exp his e - he-P interests in
any case in which the minor is alleged to be within the
dependency jurisdiction of the juvenile court, ,thereby
imposing a state-mandated local program; previde ft
98 80
AB 2908 — 2 —
ffiiAer- hes ff right to eheese his ep hef appeinted eeunsel if the
eetirt meg ff speeified deterffiiftatien delete existing
provisions governing any conflict of interest of the minor's
appointed counsel, and instead require appointed counsel to
be able to represent the minor independently of any other
party, county agency, or public attorney; require counsel to
make any further independent investigations he or she deems
necessary; and provide that if the minor is under the age of
4 years, counsel or an agent of the counsel shall independently j
investigate the minor's situation to assess the minor's
well-being and needs.
(2) Existing law governing dependency proceedings
provides for the appointment of counsel for the parent or
guardian of a minor, as specified.
This bill would provide circumstances under which the
court may relieve counsel appointed for the parent or
guardian upon failure to appear at certain hearings, as
specified.
(3) Existing law requires periodic hearings to review the
status of a dependent child of. the juvenile court. Under
existing law, at the review hearing held 6 months after the
initial dispositional hearing, the court is required to order the
return of the minor to the physical custody of his or her
parents or guardians unless it makes a specified finding.
Existing law authorizes the court to schedule a hearing within
120 days if the court makes specified findings by clear and
convincing evidence, in which hearing parental rights may be
terminated, efforts directed toward adoption may be ordered,
or a legal guardianship or long-term foster care may be
ordered.
This bill would revise the requirements for these findings,
and would provide that if the minor was removed from the
custody of a parent and the court finds by clear and
convincing evidence at the 6-month review hearing that the
par-ettts hie parent has failed to ffiaitttetin regi a-Rd
NOu4 contact w4h and visit the child, the court may
schedule this hearing within 120 days.
(4) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
98 100
i
— 3 — AB 2908
if the mandated by the state. Statutory provisions establish
-sting procedures for making that reimbursement, including the
nor s creation of a State Mandates Claims Fund to pay the costs of
sel to mandates which do not exceed $1,000,000 statewide and other
ether procedures for claims whose statewide costs exceed
;el to $1,000,000.
eems This bill would provide that, if the Commission on State
ge of Mandates determines that this bill contains costs mandated by
ently the state, reimbursement for those costs shall be made
nor's pursuant to those statutory procedures and, if the statewide
cost does not exceed $1,000,000, shall be made from the State
lings Mandates Claims Fund.
it or Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
i the
it or The people of the State of California do enact as follows.
s, as
1 SECTION 1. Section 317 of the Welfare and
v the 2 Institutions Code is amended to read:
nder ,; I"t 3 317. (a) When it appears to the court that a parent or
r the - 4 guardian of the minor desires counsel but is presently
r the 5 financially unable to afford and cannot for that reason
her 6 employ counsel, the court may appoint counsel as
ling. --. 7 provided in this section.
ithin ,i 8 (b) When it appears to the court that a parent or
and 9 guardian of the minor is presently financially unable to
ty be 10 afford and cannot for that reason employ counsel, and the
gyred, 11 minor has been placed in out-of-home care, or the
y be 12 petitioning agency is recommending that the minor be
13 placed in out-of-home care, the court shall appoint
ings, 14 counsel, unless the court finds that the parent or guardian
i the 15 has made a knowing and intelligent waiver of counsel as
and 16 provided in this section.
t the 17 +e} {1} Ift ftyty ease ift whieh the ffiixer- is eet
a3id 18 ethefwise represeft
may 19 eettftsel represett4ftg oftly the intere; t of the deer-; the
20 eater-t sal appoint eetinsel fef the ffiinar fts pr-evided ift
21 thisseetien:Wher-e the eatrr-t dote -ffii that the ier-=s
e to 22 age of ether eeteft;er-afty ether- eir-euffistetttees, de ftet
costs 23 pr-eektde the Wier-freffi wrak4ftg ae infer-fed eheiee,the
18 100 98 130
AB 2908 — 4 —
1 Wier- ghatll haeme the right to eheese hig of hey appeinted
2 eettnsel, to the emtent praetieally feast
3
4 (c) In any case in which a minor is alleged to be a
5 person described by Section 300, the court shall appoint
6 counsel for the minor. Counsel for the minor may be a
7 county counsel, district attorney, public defender, or
8 other member of the bar, provided that the counsel does
9 net represent amother party er eek ageeey whose
10 interests eenfliet with the mss. The €aet that the
11 distriet atterney represen the miner in
12 pursuant to Seetieit 398 as well as eeedeets a erifn4ta4
13 or €ice a eriminal er
14 arising Prem the sane or reetsenab4y related get of faets ae
15 the preeeeding pursttemt to Seetien 388 i�j net in and of
16 itsel€ a eeniffiet of =tet- The eettrt shah Elute -mite if
17. representatien e€ beth the petitieni ageeey aftd the
18 wAner- eenstittif a eenfliet of ;west. H the ee}trt finds
19 there is it eeet e€ interest, sepay-ate eeeesel shah be
20 appeinted fer the mer is able to represent the minor
21 independently of any other party, county agency, or
22 public attorney. The court may fix the compensation to
23 be paid by the county for the services of appointed
24 counsel, if counsel is not a county counsel, district
25 attorney, public defender, or other public attorney.
26 (d) The Subject to Section 317.4, the counsel
27 appointed by the court shall represent the parent,
28 guardian, or minor at the detention hearing and at all
29 subsequent proceedings before the juvenile court -
30 Geensel , and shall continue to represent the parent or
31 minor unless relieved by the court upon the substitution
32 of other counsel or for cause. The representation shall
33 include representing the parent or the minor in
34 termination proceedings and in those proceedings
35 relating to the institution or setting aside of a legal
u 36 guardianship, except as provided in Section 317.4.
37 (e) The counsel for the minor shall be charged in
38 general with the representation of the minor's interests.
39 To that end, the counsel shall make any further
40 independent investigations that he or she deems
98 150
I
- 5 — AB 2908
1 necessary to ascertain the facts, including the
2 interviewing of witnesses, and he or she shall have the
3 right to examine and cross-examine witnesses in all
to be a 4 hearings. He or she may also introduce and examine his
appoint 5 or her own witnesses, make recommendations to the
Lay be a 6 court concerning the minor's welfare, and participate
oder, or 7 further in the proceedings to the degree necessary to
.el gees 8 adequately represent the minor. In any case in which the
,�� 9 minor is four years of age or older, counsel shall interview
the 11
the minor to determine the minor's wishes and to assess
hfit hag 11 the minor's well-being. If the minor is under the age of
12 four years, counsel or an agent of the counsel shall
13 independently investigate the minor's situation to assess
g as 14 the minor's well-being and needs. In addition, counsel
ffiet15 shall investigate the interests of the minor beyond the
Of
fftine if 16 scope of the juvenile proceeding and report to the court
md the 17 other interests of the minor that may need to be
18 protected by the institution of other administrative or
.Pt fiftds 19 judicial proceedings. The court shall take whatever
minor i`�,�
20 appropriate action is necessary to fully protect the
ncy, or 21 interests of the minor.
ition to 22 (f) Notwithstanding any other law, counsel shall be
jointed 23 given access to all records relevant to the case which are
district24 maintained by state or local public agencies. Counsel
; 25 shall be given access to records maintained by hospitals
Bey. ��' 26 or by other .medical or nonmedical practitioners or by
counsel 27 child care custodians, in the manner prescribed by
parent, 28 Section 1158 of the Evidence Code.
d at all 29 (g) In a county of the third class, if counsel is to be
court - 30 provided to a minor at county expense other than by
.rent or 31 counsel for the agency, the court shall first utilize the
titutio 32 services of the public defender prior to appointing
n shalll 33 private counsel, to provide legal counsel. Nothing in this
�edinnor in 34 subdivision shall be construed to require the
a legal 35 appointment of the public defender in any case in which
4 36 the public defender has a conflict of interest. In the
.-ged in 37 interest of justice, a court may depart from that portion
terests. 38 of the procedure requiring appointment of the public
further 39 defender after making a finding of good cause and stating
deems 40 the reasons therefor on the record.
98 150 98 170
AB 2908 — 6 —
I
6 -
1 (h) In a county of the third class, if counsel is to be
2 appointed for a parent or guardian at county expense, the
3 court shall first utilize the services of the alternate public
4 defender, prior to appointing private counsel, to provide
5 legal counsel. Nothing in this subdivision shall be
6 construed to require the appointment of the alternate
7 public defender in any case in which the public defender
8 has a conflict of interest. In the interest of justice, a court
9 may depart from that portion of the procedure requiring
10 appointment of the alternate public defender after
11 making a finding of good cause and stating the reasons
12 therefor on the record.
13 SEC. 2. Section 317.4 is added to the Welfare and
14 Institutions Code, to read.
15 317.4. In addition to any other provision, of law
16 authorizing the court to relieve counsel for cause, the
17 court may relieve counsel appointed for the parent or
18 guardian when the court finds that all of the following
19 circumstances are present.
20 (a) Counsel has been appointed by the court and is
21 being paid for by the county.
22 (b) The record indicates that the parent or guardian
23 has been provided notice of hearings pursuant to Section
24 366.2 or 366.21 and has failed to appear in court in person
25 or through counsel at these hearings for a period of at
26 least 18months, as calculated from the date of the original
27 dispositional hearing.
28 (c) Following the failure to appear in court in person
29 or through ,counsel at hearings held pursuant to Section
30 366.2 or 366.21 for a period of at least 18 months, as
31 calculated from the date of the original dispositional
32 hearing, written notice has been provided to the parent
33 or guardian containing notification that the failure to
34 appear in court at the next hearing may result in the
35 court relieving their counsel of the need to continue to
36 appear in court on their behalf at public expense.
37 (d) Following notice as provided for in subdivision
38 (c), the parent or guardian failed to appear in court at the
39 next regularly scheduled hearing and the court is satisfied
40 that the interest of justice will be served by relieving
98 190
- 7 — AB 2908
is to be 1 counsel for the parent or guardian from appearing at
ase, the 2 future hearings at public expense.
public 3 SEC. 3. Section 366.21 of the Welfare and Institutions
provide 4 Code is amended to read:
iall be 5 366.21. (a) Every hearing conducted by the juvenile
ternate 6 court reviewing. the status of a dependent child shall be
-fender 7 placed on the appearance calendar. The court shall
a court ;, i' 8 advise all persons present at the hearing of the date of the
quiring 9 future hearing, of their right to be present and
r after 10 represented by counsel.
reasons 11 (b) Except as provided in Section 366.23 and
12 subdivision (a) of Section 366.3, notice of the hearing
ire and 13 shall be mailed by the probation officer to the same
14 persons as in the original proceeding, to the minor's
of law 15 parent or guardian, to the foster parents, community care
!se, the 16 facility, or foster family agency having physical custody of
rent or 17 the minor in the case of a minor removed from the
!lowing 18 physical custody of his or her parent or guardian, and to
19 the counsel of record if the counsel of record was not
and is 20 present at the time that the hearing was set by the court,
t� C)'i 21 by first-class mail addressed to the last known address of
rardian 22 the person to be notified, or shall be personally served on
Section 23 those persons, not earlier than 30 days nor later than 15
person 24 days preceding the date to which the hearing was
d of at 25 continued. Service of a copy of the notice personally or
>riginal 26 by certified mail return receipt requested, or any other
27 form of actual notice is equivalent to service by first-class
person 28 mail.
Section 29 The notice shall contain a statement regarding the
►ths, as 30 nature of the hearing to be held and any change in the
gitional 31 custody or status of the minor being recommended by
parent 32 the supervising agency. The notice to the foster parent
lure to 33 shall indicate that the foster parent may attend all
in the r w 34 hearings or may submit any information he or she deems
,nue to 35 relevant to the court in writing.
36 (c) At least 10 calendar days prior to the hearing the
livision 37 probation officer shall file a supplemental report with the
tatthe 38 court regarding the services provided or offered to the
itisf ed 39 parents to enable them to assume custody, the progress
lieving 40 made, and, where relevant, the prognosis for return of
98 190 98 210
AB 2908 — 8 -
1
8 -
1 the minor to the physical custody of his or her parent or
2 guardian, and make his or her recommendation for
3 disposition. If the recommendation is not to return the
4 minor to a parent, the report shall specify why the return
5 of the minor would be detrimental to the minor. The
6 probation officer shall provide the parent or.parents with
7 a copy of the report, including his or her .�
8 recommendation for disposition, at least 10 calendar days 3
9 prior to the hearing. In the case of a minor removed from
10 the physical custody of his or her parent or guardian, the
11 probation officer shall provide a summary of his or her
12 recommendation for disposition to the counsel for the
13 minor, any court appointed child advocate, foster
14 parents, community care facility, or foster family agency
15 having the physical custody of the minor at least 10
16 calendar days before the hearing.
17 (d) Prior to any hearing involving a minor in the
18 physical custody of a community care facility or foster
19 family agency that may result in the return of the minor
20 to the physical custody of his or her parent or guardian,
21 or in adoption or the creation of a legal guardianship, the
22 facility or agency shall file with the court a report
23 containing its recommendation for disposition. Prior to
24 such a hearing involving a minor in the physical custody
25 of a foster parent, the foster parent may file with the
26 court a report containing its recommendation for y
27 disposition. The court shall consider the report- and
28 recommendation filed pursuant to this subdivision prior
29 to determining any disposition.
Wit;zrt«tY t 30 (e) At the review hearing held six months after the
31' initial dispositional hearing, the court shall order' the
32 return of the minor to the physical custody of his or her
33 parents or guardians unless, by a preponderance of the
34 evidence, it finds that the return of the child would
35 create a substantial risk of detriment to the physical or
36 emotional well-being of the minor. The probation
37 department shall have the burden of establishing that
38 detriment. The failure of the parent or guardian to
39 participate regularly in any court-ordered treatment
40 programs shall constitute prima facie evidence that
98 230
f
— 9 — AB 2908
arent or �, `��, 1 return would be detrimental. In making its
tion for 2 determination, the court shall review the probation
:urn the 3 officer's report, shall review and consider the report and
e return 4 recommendations of any child advocate appointed
ior. The 5 pursuant to Section 356.5, and shall consider the efforts or
!nts with 6 progress, or both, demonstrated by the parent or
or her 7 guardian and the extent to which he or she cooperated
dar days 8 and availed himself or herself of services provided; shall
,ed from 9 make appropriate findings pursuant to subdivision (a) of
Tian, the 10 Section 366; and where relevant, shall order any
.s or her 11 additional services reasonably believed to facilitate the
for the 12 return of the minor to the custody of his or her parent or
foster 13 guardian. The court shall also inform the parent or
agency 14 guardian that if the minor cannot be returned home by
least 10 15 the next review hearing, a proceeding pursuant to
16 Section 366.26 may be instituted. This section does not
r in the 17 apply in a case where, pursuant to Section 361.5, the court
)r foster 18 has- ordered that reunification services shall not be
te minor 19 provided.
uardian, 20 If the minor was removed initially under subdivision
ship, the { ' ® 21 (g) of Section 300 and the court finds by clear and
i report 22 convincing evidence that the whereabouts of the parent
Prior to 23 are still unknown ;e -and the parent has failed to contact
custody 24 and visit the child, or if the minor was removed under
,with the ( , 25 any subdivision of Section 300 and the court finds by clear
tion for 26 and convincing evidence that the parent has failed to
►ort, and 27 contact and visit the child, the court may schedule a
.on prior 28 hearing pursuant to Section 366.26 within 120 days. If the
29 court finds by clear and convincing evidence that the
ifter the 30 parent has been convicted of a felony indicating parental
rder the 31 unfitness, the court may schedule a hearing pursuant to
.is or her 32 Section 366.26 within 120 days. If the court finds by clear
,e of the 33 and convincing evidence that the parents have failed to
d would ( 34 maintain regular and meaningful contact with the child,
.ysical or 35 the court may schedule a hearing pursuant to Section
,robation 36 366.26 within 120 days.
ting that 37 If the minor had been placed under court supervision
rdian to 38 with a previously noncustodial parent pursuant to Section
-eatment 39 361.2, the court shall determine whether supervision is
ace that 40 still necessary. The court may terminate supervision and
98 230 98 240
AB 2908 _ 10 -
1
10 -1 transfer permanent custody to that parent, as provided 1
2 for by paragraph (1) of subdivision (a) of Section 361.2. 2
3 In all other cases, the court shall direct than any 3
4 reunification services previously ordered shall continue f 4
5 to be offered to the parent or guardian, provided that the 5
6 court may modify the terms and conditions of those 6
7 services. If the child is not returned to his or her parent 7
8 or guardian, the court shall determine whether 8
9 reasonable services have been provided or offered to the 9
10 parent or guardian which were designed to aid the 10
11 parent or guardian in overcoming the problems which 11
12 led to the initial removal and the continued custody of j 12
13 the minor. The court shall order that those services be !, , 13
14 initiated or continued. 14
15 (f) At the review hearing held 12 months after the 15
16 initial dispositional hearing, the court shall order the 16
17 return of the minor to-the physical custody of his or her i 17
18 parent or guardian unless, by a preponderance of the a 18
19 evidence, it finds that return of the child would create a ? 19
20 substantial risk of detriment to the physical or emotional -- ? ( + 20
21 well-being of the minor. The probation department shall 21
22 have the burden of establishing that detriment. The court 22
23 shall also determine whether reasonable services have 23
24 been provided or offered to the parent or parents which _ 24
25 were designed to aid the parent or guardian to overcome 1 25
26 the problems which led to the initial removal and 26
27 continued custody of the minor. The failure of the parent 27
28 or guardian to participate regularly in any court-ordered 28
29 treatment programs shall constitute prima facie evidence 29
t '1 30 that the return would be detrimental. In making its 30
31 determination, the court shall review the probation 31
32 officer's report and shall consider the efforts or progress, 32
33 or both, demonstrated by the parent or guardian and the 33
34 extent to which he or she cooperated and availed himself ► 34
35 or herself of services provided. If the minor is not 35
36 returned to a parent or guardian, the court shall specify 36
37 the factual basis for its conclusion that the return would 37
38 be detrimental. The court also shall make a finding 38
39 pursuant to subdivision (a) of Section 366. 39
40 (g) If a minor is not returned to the custody of a parent fl 40
98 260
- 11 — AB 2908
provided 1 or guardian at the hearing held pursuant to subdivision
ion 361.2. 2 (f) , the court shall do one of the following:
that any 3 (1) Continue the case for up to six months for another
continue 4 review hearing, provided that the hearing shall occur
i that the 5 within 18 months of the date the child was originally
of those 6 taken from the physical custody of his or her parent or
cr parent 7 guardian. The court shall continue the case only if it finds
whether 8 that there is a substantial probability that the minor will
-ed to the 9 be returned to the physical custody of his or her parent
aid the 10 or guardian within six months or that reasonable services
ns which 11 have not been provided to the parent or guardian. The
ustody of 12 court shall inform the parent or guardian that if the
rvices be 13 minor cannot be returned home by the next review
14 hearing, a permanent plan shall be developed at that
after the 15 hearing. The court shall not order that a hearing pursuant
)rder the 16 to Section 366.26 be held unless there is clear and
his or her 17 convincing evidence that reasonable services have been
ce of the 18 provided or offered to the parent or guardian.
I create a 19 (2) Order that the minor remain in long-term foster
.motional 20 care, if the court finds by clear and convincing evidence,
hent shall 21 based upon the evidence already presented to it, that the
The court 22 minor is not adoptable and has no one willing to accept
ices have 23 legal guardianship.
nts which - 24 (3) Order that a hearing be held within 120 days,
25 pursuant to Section 366.26
Overcome �__ � > if there is clear and convincing
.oval and 26 evidence that reasonable services have been provided or
he parent 27 offered to the parents.
t-ordered 28 (h) In any case in which the court orders that a
evidence 29 hearing pursuant to Section 366.26 shall be held, it shall
laking its 30 also order the termination of reunification services to the
probation 31 parent. The court shall continue to 'permit the parent to
progress, 32 visit the minor pending the hearing unless it finds that
,n and the 33 visitation would be detrimental to the minor.
-d himself 34 (i) Whenever a court orders that a hearing pursuant to
or is not 35 Section 366.26 shall be held, it shall direct the agency
X11 specify 36 supervising the child and the licensed county adoption
zrn would 37 agency, or the State Department of Social Services when
a finding 38 it is acting as an adoption agency in counties which are
39 not served by a county adoption agency, to prepare an
)f a parent T 40 assessment which shall include:
98 260 98 280
1
AB 2908 — 12 -
1
12 -1 (1) Current search efforts for an absent parent or
2 parents.
3 (2) A review of the amount of and nature of any
4 contact between the minor and his or her parents since
5 the time of placement.
6 (3) An evaluation of the minor's medical,
7 developmental, scholastic, mental, and emotional status.
8 (4) A preliminary assessment of the eligibility and
9 commitment of any identified prospective adoptive
10 parent or guardian, particularly the caretaker, to include
11 a social history including screening for criminal records
12 and prior referrals for child abuse or neglect, the
13 capability to meet the minor's needs, and the
14 understanding of the legal and financial rights and
15 responsibilities of adoption and guardianship.
16 (5) The relationship of the minor to any identified
17 prospective adoptive parent or guardian, the duration
18 and character of the relationship, the motivation for
19 seeking adoption or guardianship, and a statement from
20 the minor concerning placement and the adoption or
21 guardianship, unless the minor's age or physical, f f
22 emotional, or other condition precludes his- or her
23 meaningful response, and if so, a description of the
24 condition.
25 An analysis of the likelihood that the minor will be
26 adopted if parental rights are terminated.
27 0) This section shall apply to minors made
28 dependents of the court pursuant to subdivision (c) of
29 Section 360 on or after January 1, 1989.
30 SEG. 4-.
31 SEC. 4. Notwithstanding Section 17610 of the
32 .Government Code, if the Commission on State Mandates i
33 determines that this act contains costs mandated by the
34 state, reimbursement to local agencies and school 4'
35 districts for those costs shall be made pursuant to Part 7
36 (commencing with Section 17500) of Division 4 of Title
37 2 of the Government Code. If the statewide cost of the
38 claim for reimbursement does not exceed one million
39 dollars ($1,000,000), reimbursement shall be made from
40 the State Mandates Claims Fund. Notwithstanding
98 290
n
— 13 — AB 2908
at or 1 Section 17580 of the Government Code, unless otherwise
2 specified in this act, the provisions of this act shall become
any 3 operative on the same date that the act takes effect
since 4 pursuant to the California Constitution.
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iding
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98 290 98 300