Official Summary Text
AB 1689, as amended, Quirk-Silva.
Juveniles.
Juvenile courts: temporary probate guardianship.
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. Existing law requires the court, at the initial petition hearing, to examine the child’s parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence, and order the release of the child from custody unless a prima facie showing has been made that the child comes within the
court’s jurisdiction, the court finds that continuance in the parent’s or guardian’s home is contrary to the child’s welfare, and any of a number of circumstances exist.
Existing law requires, unless waived for good cause, a court investigator, probation officer, or domestic relations investigator to make an investigation and file with the probate court a report and recommendation concerning each proposed guardianship of the person or guardianship of the estate. Existing law authorizes, in specified circumstances, the court to refer the matter, in writing, to the local child welfare agency to initiate an investigation, and requires the referral to include a summary of the reasons for the referral and authorizes the inclusion of a copy of the petition, the investigator’s report, and any other material information. If the juvenile court commences dependency proceedings, the guardianship proceedings are stayed, and if the juvenile court does
not commence dependency proceedings, the probate court retains jurisdiction to hear and determine the guardianship petition.
Under existing law, the appointment of a temporary probate guardian or delay attributable to a child welfare investigation does not preclude the juvenile court from ordering the social worker to commence dependency proceedings or from hearing and determining a petition.
This bill would require, if the probate court has appointed a temporary guardian, the appointment to automatically expire upon the juvenile court conducting an initial petition hearing. If the juvenile court orders the child detained, the bill would grant the court discretion to order placement of the child with an emergency caretaker, as specified.
This bill would, in a case in which the child was previously appointed a temporary guardian by a probate court and the child was referred by the probate court to a child welfare agency pursuant to the above-described provisions, authorize the juvenile court to, upon a motion, issue an order terminating or suspending the temporary guardianship if the juvenile court finds that the order is in the best interest of the child, the order is either necessary to avoid conflicting court orders or necessary to order a temporary placement of the child, and the temporary guardian consents to the order.