Juveniles: protective custody warrant.
Summary
Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be dependents of the court under certain circumstances, including when the child is abused, a parent or guardian fails to adequately supervise or protect the child, as specified, or a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law requires a proceeding in the juvenile court to declare a child to be a dependent child of the court to be commenced by the filing with the court, by the social worker, of a petition in conformity with specified requirements. Existing law authorizes the court to issue a protective custody warrant for a minor under certain circumstances, including when a petition has been filed in the juvenile court alleging that the minor comes within the jurisdiction of the juvenile court as a dependent or when a dependent minor has run away from his or her court-ordered placement. This bill would authorize the court to issue a protective custody warrant, without filing a petition in the juvenile court alleging that the minor comes within the jurisdiction of the juvenile court as a dependent, if there is probable cause to believe the minor comes within the jurisdiction of the juvenile court as a dependent, there is a substantial danger to the safety or to the physical or emotional health of the child, and there are no reasonable means to protect the child's safety or physical health without removal. The bill would require any child taken into protective custody under these provisions to immediately be delivered to the social worker who shall investigate the facts and circumstances of the child and the facts surrounding the child being taken into custody and attempt to maintain the child with the child's family through the provision of services. By imposing additional duties on county social workers, 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.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2017
Committee Review
Sep 2017
Assembly Passage
May 2017
Senate Passage
Aug 2017
Signed into Law
Sep 2017
Introduced Feb 17, 2017
Signed Sep 23, 2017
Floor votes · Senate Aug 31, 2017 · Assembly Sep 5, 2017
How they voted
32–0
Passed · 3 other
Total votes 35
Aug 31, 2017
D
Democratic25
92% Yea
R
Republican10
90% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
29
Key actions
12
Committee
10
Amendments
3
Sep 23, 2017
Signed into law
Approved by the Governor.
legislature
Sep 5, 2017
Assembly · Passed
Assembly Vote: pass (71-0-2)
assembly
Sep 5, 2017
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2934.).
lower
Aug 31, 2017
Senate · Passed
Senate Vote: pass (32-0-3)
senate
Aug 31, 2017
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77.
lower
Aug 23, 2017
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Aug 21, 2017
Upper · Passed
From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.
upper
Jul 12, 2017
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 11). Re-referred to Com. on APPR.
upper
Jun 20, 2017
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
Jun 14, 2017
Upper · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0.) (June 13). Re-referred to Com. on JUD.
upper
Jun 1, 2017
Committee
Referred to Coms. on HUMAN S. and JUD.
upper
May 10, 2017
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 10).
lower
Apr 20, 2017
Committee
Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.
lower
Apr 18, 2017
Lower · Passed
From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 11. Noes 0.) (April 18).
lower
Mar 16, 2017
Committee
Referred to Com. on JUD.
lower
Feb 19, 2017
Lower · Passed
From printer. May be heard in committee March 21.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
BM
Brian Maienschein
DDemocratic
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