Juveniles: incarcerated parent: visitation.

Plain English Breakdown

The official source does not specify how often visits must occur, only that they should be regularly scheduled.

Visitation Rights for Juveniles with Incarcerated Parents

This law requires that children in foster care whose parents are in county jail get regular visits and documentation of those visits.

What This Bill Does

• Requires orders placing a child in foster care to include provisions if the parent is in county jail, such as regularly scheduled in-person visitation.
• Makes sure the jailed parent can attend these visits unless it would harm the child.
• Needs the child welfare agency and county jail to document information about visits and report this to court hearings.
• Allows video calls or phone calls if in-person visits are not possible.

Who It Names or Affects

• Children in foster care whose parents are in county jail
• Child welfare agencies
• County jails

Terms To Know

foster care

A system where children who cannot live with their families stay with other families or homes.

reunification services

Help given to parents in jail so they can take care of their children again when they get out.

Limits and Unknowns

• The bill does not specify how often the visits must happen.
• It is unclear if there will be costs for child welfare agencies and county jails that need to be paid by the state.

Official Summary Text

AB 1195, as amended, Quirk-Silva.
Juveniles: incarcerated parent: visitation.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge 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 the child’s parents or guardian, which include that their parent or guardian has been incarcerated or institutionalized and cannot arrange for the care of the minor. Existing law requires, if the parent or guardian is incarcerated or institutionalized, the court to order reasonable services, which may include visitation services, if appropriate, unless the court determines those services would be detrimental to the child.
This bill would require any order placing a child in foster care, and ordering reunification services, to include specified provisions if the parent of the dependent child is incarcerated in a county jail, including, among others, that the incarcerated parent is entitled to
regularly scheduled,
in-person visitation, that the county jail is required to ensure that the incarcerated parent is made available to attend
regularly scheduled,
in-person visits with their dependent child, and that the child welfare agency and county jail are required to make a
good faith
reasonable
effort to document specified information
relating to visitation and to include in all reports submitted to the court for each status review hearing a brief summary of visitation activity. The bill would authorize the use of videoconferencing technology or telephonic communication in lieu of in-person visits, as specified. By imposing new duties on child welfare agencies and county jails, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Current Bill Text

Download Bill PDF