Child abuse or neglect: minor and nonminor dependent parents.

(1) Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as "mandated reporters," to report known or suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law requires, in certain circumstances, a copy of a report made pursuant to these provisions to be sent to the attorney who represents the child who is the subject of the report in dependency court. This bill would require, when one of those agencies receives a report alleging abuse or neglect of the child of a minor dependent parent or a nonminor dependent parent, the agency to notify the attorney who represents the minor parent or nonminor dependent in dependency court within 36 hours of receiving the report. By expanding the duties of local agencies that receive reports alleging abuse or neglect of children, this bill would impose a state-mandated local program. (2) 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 court ordered termination of reunification services, under specified circumstances, for any siblings or half siblings of the child or the parental rights of the parent over any sibling or half sibling of the child had been permanently severed. Under existing law, those grounds for denying reunification services do not apply if the parent is a minor dependent or adjudged a ward of the juvenile court, as specified. This bill would specify that those grounds for denying reunification services also do not apply if the parent is a nonminor dependent parent or if the only times the court ordered termination of reunification services for any siblings or half siblings of the child, or permanently severed parental rights over any siblings or half siblings of the child, were when the parent was a minor parent, a nonminor dependent parent, or adjudged a ward of the juvenile court. By increasing the number of families required to be provided reunification services, this bill would impose a state-mandated local program. (3) Existing law, in the case of a child for whom one or both minor parents have been adjudged to be a dependent child or a ward of the juvenile court, requires a party seeking an involuntary foster care placement of, or termination of parental rights over, a child born to a parent or parents who were minors at the time of the child's birth to demonstrate to the court that reasonable efforts were made to provide remedial services designed to prevent the removal of the child from the minor parent or parents, and that these efforts have proved unsuccessful. This bill would make that provision also applicable to nonminor dependent parents. The bill would also require a social worker or probation officer to use a strengths-based approach to supporting a minor or nonminor dependent parent in providing a safe and permanent home for their child and would prohibit an investigation from being conducted for the child of a minor parent or nonminor dependent parent unless a report has been made pursuant to the Child Abuse and Neglect Reporting Act. (4) This bill would incorporate additional changes to Section 361.5 of the Welfare and Institutions Code proposed by AB 788 to be operative only if this bill and AB 788 are enacted and this bill is enacted last. (5) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.