SB 1234

Introduced by Senator Alvarado-Gil
(Coauthors: Senators Choi, Dahle, Grove, Jones, Niello, Ochoa Bogh, Strickland, Umberg, and Valladares)
(Coauthors: Assembly Members Alanis, Macedo, and Wallis)
An act to amend Sections 328 and 362 of the Welfare and Institutions Code, relating to juveniles.
juveniles
Dependency: fentanyl use.
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 requires a social worker who has cause to believe that a child meets the requirements to be adjudged a dependent of the court to immediately conduct an investigation to determine whether child welfare services should be offered to the family and whether proceedings in the juvenile court should be commenced. Existing law authorizes a court to make any reasonable orders to the parents or guardians of the child
			 as the court deems necessary and proper.
This bill would require a social worker, if an investigation involves an allegation that a parent or guardian has used or is under the influence of fentanyl or other opioids, to document whether the risk of fentanyl or opioid exposure to the child was specifically assessed, as specified. The bill would also require a juvenile court that finds a risk of fentanyl
			 use, as specified, by a parent or guardian to order the parent or guardian to submit to testing for fentanyl. If the court finds a risk of fentanyl use, the bill would require the case plan for the parent or guardian to include certain resources, including, among others, information on the proper storage of controlled substances and prescription medications. By imposing additional duties on county social workers, this bill would create 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.
The people of the State of California do enact as follows:
SECTION 1.
Section 328 of the
Welfare and Institutions Code
 is amended to read:
328.
(a) If the social worker has cause to believe that there was or is within the county, or residing in the county, a person described in Section 300, the social worker shall immediately make any investigation the social worker deems necessary to determine whether child welfare services should be offered to the family and whether proceedings in the juvenile court should be commenced. If the social worker determines that it is appropriate to offer child welfare services to the family, the social worker shall make a referral to these services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. An inference regarding the credibility of the allegations or the need for child welfare services shall not be drawn from the mere existence of a child custody or visitation dispute.
(1) This subdivision does not require an investigation by the social worker with respect to a child delivered or referred to any agency pursuant to Section 307.5.
(2) The social worker shall interview any child four years of age or older who is a subject of an investigation, and who is in juvenile hall or other custodial facility, or has been removed to a foster home, to ascertain the child’s view of the home environment. If proceedings are commenced, the social worker shall include the substance of the interview in any written report submitted at an adjudicatory hearing, or if no report is then received in evidence, the social worker shall include the substance of the interview in the social study required by Section 358. A referral based on allegations of child abuse from the family court pursuant to Section 3027 of the Family Code shall be investigated to the same extent as any
						other child abuse allegation.
(b) (1) If an investigation conducted pursuant to subdivision (a) involves an allegation that a parent or guardian has used or is under the influence of fentanyl or other opioids, the social worker shall document in the investigation record whether the risk of fentanyl or opioid exposure to the child was specifically assessed, separate from any general assessment of substance use, as part of the disposition determination required by this section.
(2) This subdivision does not require the social worker to refer the family for child welfare services or to commence proceedings in the juvenile court and does not alter the standard of proof or any
						other requirement otherwise applicable to a determination made under this section.
(c) (1) The State Department of Social Services shall submit a report to the Legislature that includes all of the following data:
(A) The number of children in the care and custody of all county placing agencies pursuant to a voluntary placement agreement, as defined in subdivision (p) of Section 11400.
(B) The number of child welfare agency investigations that resulted in a written plan for care of a child outside
						the home of the parent that is not a voluntary placement agreement, as described in subparagraph (A).
(C) The number of children identified in subparagraphs (A) and (B) for whom a subsequent report is made by child protective services within one year of initial contact with the county agency, including whether the reports were substantiated, unsubstantiated, or inconclusive.
(D) The number of children identified in subparagraphs (A) and (B) for whom a dependency court petition is filed within one year of the date of the voluntary placement agreement or written plan for care.
(2) The department shall stratify the data required pursuant to paragraph (1) by a variety of demographic characteristics, including, at a minimum, by race and income level to the extent allowable to protect confidentiality.
(3) The report shall be submitted to the Legislature on or before January 1, 2025, or 15 months after the date the department notifies the Legislature that the Child Welfare Services – California Automated Response and Engagement System (CWS-CARES) can perform the necessary automation to implement the new data fields described in paragraph (1). The report shall be submitted to the Legislature in compliance with Section 9795 of the Government Code.
SEC. 2.
Section 362 of the
Welfare and Institutions Code
 is amended to read:
362.
(a) If a child is adjudged a dependent child of the court on the ground that the child is a person described by Section 300, the court may make any and all reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the child, including medical treatment, subject to further order of the court.
(b) (1) To facilitate coordination and cooperation among agencies, the court may, at any time after a petition has been filed, after giving notice and an opportunity to be heard, join in the juvenile court proceedings any agency that the court determines has failed to meet a legal obligation to provide services to a child for whom a petition has
						been filed under Section 300, to a nonminor, as described in Section 303, or to a nonminor dependent, as defined in subdivision (v) of Section 11400, regardless of the status of the adjudication. In any proceeding in which an agency is joined, the court shall not impose duties upon the agency beyond those mandated by law. Nothing in this section shall prohibit agencies that have received notice of the hearing on joinder from meeting prior to the hearing to coordinate services.
(2) The court has no authority to order services unless it has been determined through the administrative process of an agency that has been joined as a party, that the child, nonminor, or nonminor dependent is eligible for those services. With respect to mental health assessment, treatment, and case management services pursuant to Chapter 26.5 (commencing with Section
						7570) of Division 7 of Title 1 of the Government Code, the court’s determination shall be limited to whether the agency has complied with that chapter.
(3) For the purposes of this subdivision, “agency” means any governmental agency or any private service provider or individual that receives federal, state, or local governmental funding or reimbursement for providing services directly to a child, nonminor, or nonminor dependent.
(c) If a child is adjudged a dependent child of the court, on the ground that the child is a person described by Section 300, and the court orders that a parent or guardian shall retain custody of the child subject to the supervision of the social worker, the parents or guardians shall be required to participate in child welfare services or
						services provided by an appropriate agency designated by the court.
(d) The juvenile court may direct any reasonable orders to the parents or guardians of the child who is the subject of any proceedings under this chapter as the court deems necessary and proper to carry out this section, including orders to appear before a county financial evaluation officer. That order may include a direction to participate in a counseling or education program, including, but not limited to, a parent education and parenting program operated by a community college, school district, or other appropriate agency designated by the court. A foster parent or relative with whom the child is placed may be directed to participate in such a program in cases in which the court deems participation is appropriate and in the child’s best interest. The program in which a
						parent or guardian is required to participate shall be designed to eliminate those conditions that led to the court’s finding that the child is a person described by Section 300.
(e) If a child is adjudged a dependent child of the court, the juvenile court may direct any reasonable orders to the parents or
						guardians of the child who is the subject of any proceedings under this chapter to ensure the child’s regular school attendance and to make reasonable efforts to obtain educational services necessary to meet the specific needs of the child.
(f) When making reasonable orders under this section, the court shall inquire whether a parent or guardian can afford the court-ordered services.
(g) (1) If the juvenile court finds a risk of fentanyl use by a parent or guardian, the court shall order the parent or guardian to submit to testing
						for fentanyl.
(2) A finding of risk of fentanyl use shall be based on evidence, which may include, but is not limited to, either of the following:
(A) A prior positive test for fentanyl or opioids.
(B) A documented opinion by a licensed medical professional regarding signs of fentanyl or opioid use or other behavior indicating a risk of fentanyl use.
(h) (1) If the court makes a finding of risk of fentanyl use by a parent or guardian pursuant to subdivision (g), the case plan for that parent or guardian shall include all of the following:
(A) Information on the proper storage of controlled substances and prescription medications in a manner inaccessible to children, including, where appropriate, a lock box or other secure storage device.
(B) Access to fentanyl test strips and education on their use, consistent with resources available through the Naloxone Distribution Project or successor program under the State Department of Public
						Health.
(C) Access to naloxone and training on its administration for all adult members of the household.
(D) Referral to an in-home safety assessment to identify and remediate accessible drug paraphernalia or residue in areas of the home where the child has access.
(2) Nothing in this subdivision shall be construed to require the social worker to verify compliance with this subdivision as a condition of reunification, or to alter any other requirement otherwise applicable to the disposition of the
						case.
SEC. 3.
To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to
				Section 6 of Article XIII B of the California Constitution.