Guardianships.

Existing law establishes the jurisdiction of the juvenile court, under which a minor may be adjudged to be a dependent of the court if the minor has been abused or neglected, as specified. Other existing law, the Guardianship-Conservatorship Law, authorizes a probate court, upon hearing of a petition by a parent, relative, or other person, to appoint a guardian of a minor in accordance with specified provisions of law governing the custody of a minor child. Existing law authorizes a court hearing a guardianship petition, if the proposed ward is or may be abused or neglected, to refer the matter to the local child welfare services agency to initiate an investigation to determine whether proceedings in juvenile court should be commenced. This bill, except as provided below, would require, rather than authorize, the court to immediately refer the matter to the local child welfare services agency for investigation under those circumstances. The bill would prohibit the guardianship proceedings from being completed until the investigation is completed and a report is provided to the juvenile court. However, the bill would prohibit the probate court from referring the matter to the local child welfare services agency if it finds on the record that the parents, the proposed guardian, and the child, if 12 years of age or older, knowingly and voluntarily consent to the establishment of a guardianship in probate court, unless the probate court determines that the child is at risk of abuse or neglect in the home of the proposed guardian. The bill would require the consent by the parties to be in writing, as specified. 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 a social worker's filing of a petition with the court. Under existing law, if a person applies to a social worker to commence juvenile court proceedings and the social worker fails to file a petition within 3 weeks after the application, the person may, within one month after making the application, apply to the juvenile court to review the decision of the social worker, and the court may either affirm the decision of the social worker or order the social worker to commence juvenile court proceedings. This bill would also require the juvenile court to review the decision of a social worker not to file a petition if the probate court has referred the matter to the juvenile court. The bill would require the court to order the social worker to commence juvenile court proceedings if it appears that the child would be abused or neglected if residing in the home of the parents and the juvenile court appears best able to serve the family and protect the child. The bill would require the court to consider certain factors when making this determination, including whether the parents, child, or caregiver would benefit from support or services, a juvenile court guardianship, or any other child welfare services. Existing law authorizes a juvenile court, if the court finds that the child is abused or neglected, and the parent has advised the court that the parent is not interested in family maintenance or family reunification services, in addition to or in lieu of adjudicating the child a dependent child of the court, to order a legal guardianship and appoint a legal guardian, as specified. Existing law establishes the state-funded Kinship Guardianship Assistance Payment Program (Kin-GAP) , which provides aid on behalf of eligible children who are placed in the home of a relative guardian. Existing law requires aid in the form of state-funded Kin-GAP to be provided on behalf of any child under 18 years of age and to any eligible youth under 19 years of age who has had a kinship guardianship established, as described above, and who meets other requirements, including that the child or youth has been adjudicated a dependent child or ward of the juvenile court, has been residing for at least 6 consecutive months in the approved home of the prospective relative guardian, and has had the dependency jurisdiction or wardship terminated, as specified. This bill would require the state-funded Kin-GAP aid to be provided on behalf of any child under 18 years of age and to any eligible youth under 21 years of age who has had a kinship guardianship established as described above. The bill would, for purposes of providing this aid, eliminate the requirements that the child has also been adjudicated a dependent child or ward of the juvenile court, has been residing for at least 6 consecutive months in the approved home of the prospective relative guardian, and has had the dependency jurisdiction or wardship terminated, as specified. The bill would repeal obsolete cross-references and make other technical changes. By imposing a higher level of service on county officials, the 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.