Juveniles.

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 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. Existing law establishes the grounds for removal of a dependent child from the custody of his or her parents or guardian, and establishes procedures to determine temporary placement of a dependent child. Existing law prescribes various hearings, including specified review hearings, and other procedures for these purposes. When a court orders the removal of a child from the physical custody of his or her parent, existing law generally requires the court to order the return of the child to the physical custody of his or her parent, unless the court finds that the return of the child would create a substantial risk of detriment, or substantial danger, to the safety, protection, or physical or emotional well-being of the child. This bill would specify that the fact that a parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with his or her parent is not, for that reason alone, prima facie evidence of detriment or substantial danger and would additionally require the court to consider at those hearings whether the child can be returned to the custody of his or her parent who is enrolled in a certified substance abuse treatment facility. Prior to disposition in a dependency proceeding, existing law requires the court to receive in evidence the social study of the child made by the social worker, any study or evaluation made by a child advocate appointed by the court, and any other relevant and material evidence. Existing law requires the social study or evaluation to include a factual discussion of certain subjects. Existing law also requires the status of every dependent child in foster care to be reviewed periodically, and authorizes the court to require a social worker or any other agency to render periodic reports, as specified. Existing law requires each supplemental report under those provisions to include a factual discussion of certain subjects. This bill would require the social study or evaluation and the supplemental report described above to include a discussion of whether a child may be returned to the custody of a parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with the parent. By imposing additional duties on county employees, the bill would impose a state-mandated local program. Existing law provides for the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which, pursuant to a combination of federal, state, and county funds, aid on behalf of eligible children is paid to foster care providers. Existing law provides that certain services may be provided under the program to include mental health treatment and substance abuse treatment services. This bill would specify that those treatment services may include treatment at a residential substance abuse treatment facility that accepts families. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.