AB 485

Introduction

This bill makes various changes to the Children's Code and the Juvenile Justice

Code, including changes relating to required judicial findings and orders when a

child is placed outside the home, termination of parental rights (TPR) warnings,

mandatory child abuse or neglect reporters, the confidentiality of social services

records, changing from "day care" to "child care" the term used to describe care and

supervision for children for less than 24 hours a day, and renumbering from the

section of the Children's Code relating to child abuse and neglect reporting to the

definitions section of that code the definition of "neglect."

Required judicial findings and orders when child placed outside the home

Under current law, a court assigned to exercise jurisdiction under the

Children's Code and the Juvenile Justice Code (juvenile court) is required to include

in a dispositional order placing a child outside the home, in an extension of a

dispositional order continuing the placement of a child outside the home, and in a

consent decree maintaining a child in a placement outside the home findings that

continued placement of the child in the home would be contrary to the welfare of the

child, that reasonable efforts have been made to prevent the removal of the child from

the home, and that reasonable efforts have been made to achieve the goal of the

child's permanency plan, which is a plan designed to ensure that the child is

reunified with his or her family whenever appropriate or that the child quickly

attains a placement providing long-term stability.

The juvenile court, however, is not required to make a finding that reasonable

efforts have been made to achieve the goal of the child's permanency plan if return

of the child to the home is the goal of the permanency plan and the juvenile court has

found that a parent has committed certain crimes of homicide against a child of the

parent; has committed battery, sexual assault, or physical or sexual abuse resulting

in great bodily harm or substantial bodily harm to a child of the parent; has had his

or her parental rights terminated with respect to another child; or has subjected the

child to aggravated circumstances, which are defined as including criminal

abandonment, torture, chronic abuse, and sexual abuse. This bill eliminates that

exception to the requirement that the juvenile court make a finding that reasonable

efforts have been made to achieve the goal of the child's permanency plan.

TPR warnings

Under current law, when the juvenile court orders a child to be placed outside

the home because the child has been adjudged to be in need of protection or services

under a dispositional order, a change-in-placement order, a revision of a

dispositional order, or an extension of a dispositional order, the juvenile court is

required to inform orally the parent or parents who appear in juvenile court of any

grounds for TPR that may be applicable and of the conditions necessary for the child

to be returned to the home. This bill requires a TPR warning to be given also when