Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents of the court under certain circumstances. Existing law establishes the grounds for removal of a dependent child from the custody of the child's parents or guardian and generally requires the court to order the social worker to provide designated child welfare services, including family reunification services, to the removed child and the child's mother and statutorily presumed father or guardians. Under existing law, reunification services do not need to be provided if the court finds, by clear and convincing evidence, that, among other things, the parent or guardian of the child has a history of extensive, abusive, and chronic use of drugs or alcohol and has resisted prior court-ordered treatment, as specified.
This bill would specify that, for purposes of that provision, "resisted" means that the parent or guardian refused to participate meaningfully in a prior court-ordered treatment program and does not include passive resistance, as specified.
This bill would incorporate additional changes to Section 361.5 of the Welfare and Institutions Code proposed by AB 670 to be operative only if this bill and AB 670 are enacted and this bill is enacted last.

Statutes affected:
AB788: 361.5 WIC
02/16/21 - Introduced: 361.5 WIC
03/30/21 - Amended Assembly: 361.5 WIC
06/18/21 - Amended Senate: 361.5 WIC
07/13/21 - Amended Senate: 361.5 WIC
08/16/21 - Amended Senate: 361.5 WIC, 361.5 WIC
09/03/21 - Enrolled: 361.5 WIC, 361.5 WIC
09/22/21 - Chaptered: 361.5 WIC, 361.5 WIC
AB 788: 361.5 WIC