Guardianships.

Existing law establishes the jurisdiction of the juvenile court, under which a minor may be adjudged to be a dependent of the court if the minor has been abused or neglected, as specified. Existing law authorizes the juvenile court to order a legal guardianship, appoint a legal guardian, or issue letters of guardianship with respect to a minor adjudged to be a dependent. Existing law also authorizes a social worker to undertake a program of supervision of the minor in lieu of filing a dependency petition with the juvenile court, with the consent of the minor's parent or guardian. Existing law requires the Judicial Council to prepare a pamphlet in dependency cases that assists potential legal guardians with understanding their rights, duties, and obligations as a guardian of a minor. Existing law, the Guardianship-Conservatorship Law, authorizes a probate court, upon hearing of a petition by a parent, relative, or other person, to appoint a guardian of a minor in accordance with specified provisions of law governing the custody of a minor child. Existing law authorizes a court hearing a guardianship petition, if the proposed ward is or may be abused or neglected, to refer the matter to the local child welfare services agency to initiate an investigation to determine whether proceedings in juvenile court should be commenced. This bill would revise the probate court guardianship process by requiring, among other things, the probate court to have good cause to waive the investigation and prohibiting the probate court from hearing and determining the petition to appoint a guardian until the child welfare agency has completed its investigation and submitted its report to the probate court. The bill would instead require the Judicial Council to develop a form for use in both dependency cases and probate guardianships that assists potential legal guardians with understanding their rights, duties, and obligations as a guardian of a minor, and additionally provides information about the services and supports available to a probate guardian and how they differ from the services and supports available to a caregiver in the child welfare system or a guardian appointed by the juvenile court. Existing law requires a proceeding in the juvenile court to declare a child to be a dependent child of the court to be commenced by a social worker's filing of a petition with the court. Under existing law, if a person applies to a social worker to commence juvenile court proceedings and the social worker fails to file a petition within 3 weeks after the application, the person may, within one month after making the application, apply to the juvenile court to review the decision of the social worker, and the court may either affirm the decision of the social worker or order the social worker to commence juvenile court proceedings. If the probate court has referred a matter to juvenile court, this bill would require the social worker to immediately investigate and to report the findings and conclusions of the investigation to the probate court. When a probate court has referred a matter to the child welfare agency, the bill would authorize the probate court or appointed counsel, within one month after the referral, to request that the juvenile court review the decision of the social worker not to file a petition and would authorize the juvenile court to either affirm the decision of the social worker or, if the juvenile court finds that the child is, prima facie, a dependent child of the court, to order the social worker to commence juvenile court proceedings. By imposing a higher level of service on county officials, this 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.