Juveniles: legal guardianship: successor guardian.

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 his or her parents or guardian, and establishes procedures to determine the temporary and permanent placement of a dependent child. Whenever a court orders a hearing to terminate parental rights to, or to establish legal guardianship of, a dependent child to be held, existing law requires the court to direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment and requires this assessment to include, among other things, a preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, as specified. Existing law authorizes the court under specified circumstances to hold a hearing to determine whether parental rights should be permanently terminated, and requires the court, after reviewing the assessment described above, to make findings and orders in a specified order of preference regarding the permanent placement of the child, including appointment of a relative or nonrelative legal guardian. If the court finds that legal guardianship is the appropriate permanent plan, existing law requires the court to appoint the legal guardian and issue letters of guardianship. Existing law requires the court, prior to the appointment of a guardian for the child, to read and consider the assessment described above. This bill would authorize the assessment of a legal guardian described above to also include the naming of a prospective successor guardian if one is identified. The bill, in the event of the incapacity or death of an appointed guardian, would authorize the named successor guardian to be assessed and appointed pursuant to the existing procedures that govern the appointment of a legal guardian. This bill would incorporate additional changes to Section 366.26 of the Welfare and Institutions Code proposed by AB 976 to be operative only if this bill and AB 976 are enacted and this bill is enacted last.