Official Summary Text
AB 1689, as amended, Quirk-Silva.
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.
subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance to, and a minor under 12 years of age who is alleged to have committed specified serious offenses to, the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court.
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, 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.
Existing law authorizes the juvenile court to terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under the above-described provisions authorizing a juvenile court to adjudge children as dependents or wards, and subjects those proceedings to specified notice requirements.
This bill would authorize the juvenile court to terminate or modify temporary guardianships at any hearing without further notice in the best interests of the minor.