SB 387

Introduction

Current law provides procedures for the change in placement of a child who is

subject to a dispositional order of the court assigned to exercise jurisdiction under

the Children's Code (juvenile court), including procedures for making an emergency

change in placement of such a child who is placed outside of the child's home.

This bill: 1) creates similar procedures to permit a change in placement of a

child alleged to be in need of protection or services who is being held in custody under

a temporary physical custody (TPC) order; 2) creates similar procedures to permit

a change in placement of a child who, following a termination of parental rights

(TPR) and pending adoptive placement, is in the guardianship of the Department of

Children and Families, a county department of human services or social services, or

a licensed child welfare agency (collectively "agency"); 3) creates a procedure under

which a consent decree of the juvenile court, which is an order of the juvenile court

suspending a child in need of protection or services (CHIPS) proceeding and placing

the child under supervision in the child's home or present placement, may be

amended; and 4) creates emergency change-in-placement procedures to permit a

child who is placed in the child's home under a dispositional order to be placed outside

the home when emergency conditions necessitate an immediate change in

placement. The bill also makes certain changes regarding the place of trial (venue)

of a post-dispositional proceeding, certain changes regarding the appointment of a

successor guardian for a child who is subject to a TPR order, and certain changes in

the procedures for requesting and objecting to a proposed change in placement and

for changing a child's placement when no objection is filed. In addition, the bill

permits the juvenile court to grant certain case closure orders when it terminates the

dispositional order of a child. Finally, the bill specifies the effective period of a TPC

order.

Current law

Under current law, the person or agency primarily responsible for

implementing the dispositional order, the district attorney, or the corporation

counsel may request a change in placement of a child, other than a change in

placement from a placement in the child's home to a placement outside the child's

home, by causing notice of the proposed change in placement to be sent to the child,

the parent, guardian, and legal custodian of the child, any foster parent or other

physical custodian of the child, the child's court-appointed special advocate (CASA),

and, if the child is an Indian child, the Indian child's Indian custodian and tribe. A

person receiving that notice, other than a CASA, may obtain a hearing on the matter

by filing an objection with the juvenile court within ten days after the notice is sent

to the juvenile court.

For a change in placement that would change the placement of a child placed

in the child's home to a placement outside the home, the person or agency primarily