SB 460

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

Children's Code (juvenile court) has exclusive original jurisdiction over an unborn

child who is alleged to be in need of protection or services on the grounds that the

unborn child's expectant mother habitually lacks self-control in the use of alcohol

beverages, controlled substances, or controlled substance analogs, exhibited to a

severe degree, to the extent that there is a substantial risk that the physical health

of the unborn child will be seriously affected or endangered unless the expectant

mother receives prompt and adequate treatment for that habitual lack of self-control

(commonly referred to as a "UCHIPS proceeding").

In a UCHIPS proceeding, the unborn child, by or through the unborn child's

guardian ad litem (GAL), is entitled to receive notice of all hearings involving the

unborn child, including specifically hearings involving the temporary physical

custody and changes in placement of the expectant mother and revisions to or

extensions of the dispositional order. The unborn child, by or through the unborn

child's GAL, is also entitled to exercise certain rights as a party to the proceeding,

including the right to request a substitution of judge, to inspect records relevant to

the proceeding, to demand a public fact-finding hearing or a jury trial, or to request

a change in placement or revision or extension of the dispositional order. In addition,

an unborn child, by or through the unborn child's GAL, may request or authorize the

disclosure of law enforcement, juvenile court, or social services records relating to the

expectant mother of the unborn child.

This bill eliminates the provision of those notices to, and the exercise of those

rights by, an unborn child, by or through the unborn child's GAL. Rather, the bill

requires those notices to be provided to, and permits those rights to be exercised by,

the unborn child's GAL.

Under current law, if a county department of human services or social services

(county department), the Department of Children and Families in a county having

a population of 500,000 or more (DCF), or a licensed child welfare agency under

contract with a county department or DCF to perform child abuse and neglect

investigations (collectively "agency"), after evaluating a report of suspected or

threatened child abuse or neglect, cannot determine who abused or neglected the

child, the agency must initiate a diligent investigation to determine if the child is in

need of protection or services. This bill instead requires an agency to initiate such

an investigation if the agency cannot identify an individual who is suspected of abuse

or neglect or of threatened abuse or neglect of the child.

Current law requires DCF to promulgate rules establishing minimum

requirements for the issuance of foster home licenses, including rules requiring all

foster parents to successfully complete training in the care and support needs of

children who have been placed in foster care. That training must be completed before

the first child is placed with the foster parent and on an ongoing basis. Current law