Amended
IN
Senate
August 15, 2024 |
Amended
IN
Senate
May 30, 2024 |
Amended
IN
Assembly
April 01, 2024 |
Introduced by Assembly Member Ramos |
February 05, 2024 |
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 suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness as a result of the failure or inability of their parent or guardian to adequately supervise or protect the child. Existing law requires the court to review the status of every dependent child in foster care periodically, but no less frequently than once every 6 months. Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance to, and a minor under 12 years of age who is alleged to have committed specified serious offenses to, the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court.
(a)When a social worker receives information that a child receiving child welfare services is absent from foster care, the social worker shall immediately, but in no case later than 24 hours from the receipt of that information, notify all of the following persons or entities whose whereabouts are known:
(1)The child’s or nonminor dependent’s parents, unless parental notification has been limited or terminated by the court.
(2)The child’s or nonminor dependent’s legal guardians, unless guardian notification has been limited or terminated by the court.
(3)The attorney for the parents or legal guardians.
(4)The child’s or nonminor dependent’s attorney of record.
(5)The child’s or nonminor dependent’s court-appointed special advocate, if one has been appointed.
(6)The court of jurisdiction.
(7)The child’s or nonminor dependent’s tribe or tribal representative, if the child is an Indian child, as defined in Section 224.1.
(8)Any known sibling of the child or nonminor who is required to be notified of a hearing pursuant to paragraph (7) of subdivision (a) of Section 290.1.
(9)The local law enforcement agency.
(b)The notice required pursuant to this subparagraph shall include an agency contact that noticed
persons may reach for additional information.
(c)For purposes of this section, the following terms have the following meanings:
(1)“Absent from foster care” means when the whereabouts of a child receiving child welfare services are unknown to the county child welfare agency or probation department or when the county child welfare agency or probation department has located the child receiving child welfare services in a location not approved by the court that may pose a risk to the child receiving child welfare services, taking into account the age, intelligence, mental functioning, and physical condition of the child receiving child welfare services.
(2)“Child receiving child welfare services” means a child or nonminor dependent placed in a foster care placement described in Section 11402 or in the home of an emergency caregiver pursuant to subdivision (h) of Section 319, and includes dependents, nonminor dependents, wards, and minors who have been taken into temporary custody pursuant to Section 628 who are in foster care.
(a)When a social worker or probation officer receives information that a child receiving child welfare services is absent from foster care, the social worker or probation officer shall immediately, but in no case later than 24 hours from the receipt of that information, notify all of the following persons or entities whose whereabouts are known:
(1)The child’s or nonminor dependent’s parents, unless parental notification has been limited or terminated by the court.
(2)The child’s or nonminor dependent’s legal guardians, unless guardian notification has been limited or terminated by the court.
(3)The attorney for the parents or legal guardians.
(4)The child’s or nonminor dependent’s attorney of record.
(5)The child’s or nonminor dependent’s court-appointed special advocate, if one has been appointed.
(6)The court of jurisdiction.
(7)The child’s or nonminor dependent’s tribe or tribal representative, if the child is an Indian child, as defined in Section 224.1.
(8)Any known sibling of the child or nonminor who is required to be notified of a hearing pursuant to paragraph (7) of subdivision (a) of Section 290.1.
(9)The local law enforcement agency.
(b)The notice required pursuant to this subparagraph shall include an agency contact that noticed persons may reach for additional information.
(c)For purposes of this section, the following terms have the following meanings:
(1)“Absent from foster care” means when the whereabouts of a child receiving child welfare services are unknown to the county child welfare agency or probation department or when the county child welfare agency or probation department has located the child receiving child welfare services in a location not approved by the court that may pose a risk to the child receiving child welfare services, taking into account the age, intelligence, mental functioning, and physical condition of the child receiving child welfare services.
(2)“Child receiving child welfare services” means a child or nonminor dependent placed in a foster care placement described in Section 11402 or in the home of an emergency caregiver pursuant to subdivision (h) of Section 319, and includes dependents, nonminor dependents, wards, and minors who have been taken into temporary custody pursuant to Section 628 who are in foster care.
(c)
(d)