Participation of the next of kin of a parental homicide victim in proceedings under the Children's Code

1. The spouse or domestic partner of the parental homicide victim, unless the spouse or domestic partner committed the homicide.

2. If the parental homicide victim does not have a spouse or domestic partner who has not committed the homicide (spouse or domestic partner), the adult child of that victim whom the juvenile court determines is best able to represent the interests of the family of that victim in a proceeding under the Children's Code.

3. If the parental homicide victim does not have a spouse, domestic partner, or adult child, the parent of that victim whom the juvenile court determines is best able to represent the interests of that family in such a proceeding.

4. If the parental homicide victim does not have a spouse, domestic partner, adult child, or parent, the adult sibling of that victim whom the juvenile court determines is best able to represent the interests of that family in such a proceeding.

5. If the parental homicide victim does not have a spouse, domestic partner, adult child, parent, or adult sibling, the grandparent of that victim whom the juvenile court determines is best able to represent the interests of that family in such a proceeding.

6. If the parental homicide victim does not have a spouse, domestic partner, adult child, parent, adult sibling, or grandparent, the adult relative of that victim in the next degree of kinship whom the juvenile court determines is best able to represent the interests of that family in such a proceeding.

Specifically, the bill:

1.

Temporary physical custody of a child.

Requires the next of kin of a parental homicide victim to be notified when a child of that homicide victim is taken into custody and, if the child is held in custody, to be notified of the time and place of the temporary physical custody hearing for the child, the nature and possible consequences of the hearing, and the right to present and cross examine witnesses at the hearing.

2.

Intake inquiry and informal disposition.

Requires the next of kin of a parental homicide victim to be notified of intake conferences conducted as part of the intake inquiry conducted by the intake worker of the juvenile court when a child of that homicide victim is referred to the juvenile court as being in need of protection or services. The bill also requires the consent of the next of kin of a parental homicide victim to an agreement that imposes an informal disposition when the intake worker determines that the filing of a child in need of protection or services (CHIPS) petition is not required and permits the next of kin of a parental homicide victim to terminate, or object to an extension of, an informal disposition.

3.

CHIPS proceedings.

Requires the next of kin of a parental homicide victim to be provided with a copy of the petition initiating a CHIPS proceeding concerning a child of that homicide victim, to receive notice of all hearings in such a CHIPS proceeding, and to receive a copy of the dispositional order in such a CHIPS proceeding. The bill also grants to the next of kin of a parental homicide victim the right to request a substitution of the judge and a jury trial, to object to a public hearing, and to object to a physical, psychological, mental, or developmental examination of the child or to an alcohol and other drug abuse assessment of the child in such a CHIPS proceeding. In addition, the bill requires the agreement of the next of kin of a parental homicide victim to a consent decree suspending such a CHIPS proceeding and placing the child under supervision and permits the next of kin of a parental homicide victim to object to an extension of such a consent decree.

4.

Post-dispositional proceedings.

Permits the next of kin of a parental homicide victim to request a change in the placement of a child of that homicide victim who is the subject of a CHIPS order or a revision or extension of a CHIPS order concerning that child. The bill also requires the next of kin of a parental homicide victim to receive notice of a proposed change in placement of such a child or a proposed revision or extension of such an order and permits the next of kin of a parental homicide victim to object to such a proposal.

5.

Permanency planning.

Requires the next of kin of a parental homicide victim to receive notice of permanency plan reviews and hearings concerning a child of that homicide victim who is placed outside the home, to receive a copy of the child's permanency plan before the review or hearing, and to receive a copy of the determinations made at the review or hearing. The bill also grants the next of kin of a parental homicide victim the right to be heard at a permanency plan review or hearing by submitting written comments before the review or hearing or by participating at the review or hearing. Under current law, a permanency plan is a plan designed to ensure that a child is reunified with his or her family whenever appropriate or that the child quickly attains a placement providing long-term stability.

6.

Other proceedings under the Children's Code.

Requires the next of kin of a parental homicide victim to receive notice of termination of parental rights and guardianship proceedings concerning a child of that homicide victim and permits the next of kin of a parental homicide victim to file a petition for the guardianship of such a child.

7.

Rehearings.

Permits the next of kin of a parental homicide victim to petition the juvenile court for a rehearing on a juvenile court order determining the status of a child of that homicide victim on the grounds of newly discovered evidence.

Under current law, those petitions generally must be filed within one year after the date of the order.

8.

Records.

Permits the next of kin of a parental homicide victim to request access to law enforcement agency, juvenile court, and social services agency records concerning a child of that homicide victim and to authorize disclosure of those records to a person named by that relative. The bill also permits child abuse and neglect reports and records concerning a child of that homicide victim to be disclosed to the next of kin of a parental homicide victim without revealing the identity of the reporter of the child abuse or neglect. Under current law, law enforcement agency, juvenile court, social services agency, and child abuse and neglect records concerning a child generally are confidential.