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 authorizes a court to make reasonable orders for the care, supervision, and support of a dependent child, as specified. 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 also requires family maintenance services to be provided or arranged for by county welfare department staff in order to maintain a child in their own home, and requires the services to be available without regard to income to specified families, including families in which the child is in the care of a previously noncustodial parent under the supervision of the juvenile court.
This bill would require a court to inquire whether a parent or guardian can afford court-ordered services when making reasonable orders for a dependent child. The bill would prohibit a court from declaring at specified review hearings that a parent or guardian is noncompliant with a court-ordered case plan when the court finds that the parent or guardian is unable to pay for a service or that payment for a service would create an undue financial hardship for them, and the social worker did not provide a comparable free service that was accessible and available to them, as specified.
Statutes affected: AB954: 362 WIC
03/22/23 - Amended Assembly: 362 WIC, 362 WIC
06/12/23 - Amended Senate: 362 WIC
06/22/23 - Amended Senate: 362 WIC
09/11/23 - Enrolled: 362 WIC
10/08/23 - Chaptered: 362 WIC