AB 1201

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, and requires the court to order the social worker to provide designated child welfare services, including family reunification services, as prescribed. Existing law provides that reunification services do not need to be provided to a parent or guardian when the court finds, by clear and convincing evidence, that the parent or guardian of the child has been convicted of a violent felony, as defined. This bill would instead require the violent felony conviction to have occurred in the past 5 years, and would also require the court to find, by a preponderance of the evidence, that one or more specified circumstances exist. The bill would require, if the court finds that the parent’s or guardian’s conviction does not disqualify them from receiving reunification services, the court to order reunification services unless the court finds, by a preponderance of the evidence, the reunification is not in the best interest of the child, or that the parent or guardian does not qualify for reunification services based upon another reason. By expanding the scope of individuals requiring reunification services, and creating additional duties on county child welfare departments, 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.