SB 1064 - An Act to Amend Section 3040 of the Family Code, to Amend Sections 1510 and 1514 of the Probate Code, and to Amend Sections 309, 361, 361.2, 361.3, 361.4, 361.5, 366.21, 366.215, 366.22, 366.25, 366.27, 388, and 16501.1 Of, and to Add Sections 10609.95 and 10609.97 To, the Welfare and Institutions Code, Relating to Child Custody.

An Act to Amend Section 3040 of the Family Code, to Amend Sections 1510 and 1514 of the Probate Code, and to Amend Sections 309, 361, 361.2, 361.3, 361.4, 361.5, 366.21, 366.215, 366.22, 366.25, 366.27, 388, and 16501.1 Of, and to Add Sections 10609.95 and 10609.97 To, the Welfare and Institutions Code, Relating to Child Custody.

SB 1064 — 2011-2012 Legislature

Summary

(1)Under existing law, a child who is removed from the physical custody of his or her parent or parents in dissolution, dependency, or probate guardianship proceedings may be placed with a parent, relative, legal guardian, or other specified persons or in specified placement homes or facilities. When a child is placed with his or her relative during dependency proceedings and the relative is not a licensed or certified foster parent, existing law requires a county social worker to visit the relative’s home, prior to placing the child in that home, to ascertain the appropriateness of the placement. Existing law also requires the court or county social worker to initiate a state and federal criminal records check of the relative through the California Law Enforcement Telecommunications System as part of the assessment.

This bill would permit a court to place a child in any of those proceedings with a parent, legal guardian, or relative regardless of the immigration status of the parent, legal guardian, or relative. This bill would also permit a relative’s foreign consulate identification card or foreign passport to be used for initiating the criminal records and… More

(1)Under existing law, a child who is removed from the physical custody of his or her parent or parents in dissolution, dependency, or probate guardianship proceedings may be placed with a parent, relative, legal guardian, or other specified persons or in specified placement homes or facilities. When a child is placed with his or her relative during dependency proceedings and the relative is not a licensed or certified foster parent, existing law requires a county social worker to visit the relative’s home, prior to placing the child in that home, to ascertain the appropriateness of the placement. Existing law also requires the court or county social worker to initiate a state and federal criminal records check of the relative through the California Law Enforcement Telecommunications System as part of the assessment.

This bill would permit a court to place a child in any of those proceedings with a parent, legal guardian, or relative regardless of the immigration status of the parent, legal guardian, or relative. This bill would also permit a relative’s foreign consulate identification card or foreign passport to be used for initiating the criminal records and fingerprint clearance checks. To the extent this bill would impose additional duties on county welfare departments, this bill would create a state-mandated local program.

(2)Existing law sets forth the procedure for terminating the parental rights of a dependent child, including regular review hearings before a court may order a hearing to terminate parental rights. Under existing law, a court may continue these review hearings if it finds that there is a substantial probability that the child will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian.

This bill would authorize a court to extend the review hearing periods following consideration of the parent’s circumstances if a parent has been arrested and issued an immigration hold, detained by the United States Department of Homeland Security, or deported to his or her country of origin, and, under these circumstances would authorize a court to continue the case only if the court finds that there is a substantial probability, as defined, that the child will be returned to the physical custody of his or her parent and safely maintained in the home within the extended time period or that reasonable services have not been provided to the parent or guardian.

(3)Existing law establishes the State Department of Social Services, which oversees the administration of county public social services, including child welfare services.

This bill would require the State Department of Social Services to provide guidance on best practices and to facilitate an exchange of information and best practices among counties on an annual basis, beginning no later than January 1, 2014, on establishing memoranda of understanding with foreign consulates in juvenile court cases, including procedures for contacting a consulate, accessing a child’s documentation, locating a detained parent, assisting in family reunification after a parent has been deported, aiding the safe transfer of a child to the parent’s country of origin, and communicating with relevant departments and services in a parent’s country of origin, and procedures to assist children in juvenile court cases who are eligible for special immigrant juvenile status and other specified visas.

(4)The bill would change references in the above-described provisions from the United States Immigration and Customs Enforcement to the United States Department of Homeland Security, and would make other technical, nonsubstantive changes.

(5)This bill would incorporate additional changes in Section 3040 of the Family Code proposed by SB 1476 that would become operative only if SB 1476 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.

(6)This bill would incorporate additional changes in Section 361 of the Welfare and Institutions Code proposed by AB 1712 and AB 2060 that would become operative only if either or both of those bills are chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.

(7)This bill would incorporate additional changes in Section 361.2 of the Welfare and Institutions Code proposed by AB 2209 that would become operative only if AB 2209 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.

(8)This bill would incorporate additional changes in Sections 361.5 and 16501.1 of the Welfare and Institutions Code proposed by AB 1712 and SB 1521 that would become operative only if either or both of these bills are chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.

(9)This bill would incorporate additional changes in Sections 366.21, 366.22, and 366.25 of the Welfare and Institutions Code proposed by AB 1712 and AB 2292 that would become operative only if either or both of these bills are chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.

(10)This bill would incorporate additional changes in Section 388 of the Welfare and Institutions Code proposed by AB 1712 that would become operative only if AB 1712 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.

(11)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide

Learn More

At LegInfo.ca.gov

Title

An Act to Amend Section 3040 of the Family Code, to Amend Sections 1510 and 1514 of the Probate Code, and to Amend Sections 309, 361, 361.2, 361.3, 361.4, 361.5, 366.21, 366.215, 366.22, 366.25, 366.27, 388, and 16501.1 Of, and to Add Sections 10609.95 and 10609.97 To, the Welfare and Institutions Code, Relating to Child Custody.

Author(s)

Kevin De Leon

Co-Authors

• Lou Correa
• Juan Vargas
• Leland Yee
• Luis Alejo
• Holly Mitchell
• Manuel Perez
• Sandre Swanson
• Das Williams

Subjects

• Child custody: immigration

Major Actions

Introduced	2/13/2012
Referred to Committee
Passed Senate Committee on Human Services	3/27/2012
Passed Senate Committee on Judiciary	4/24/2012
Passed Senate Committee on Appropriations	5/14/2012
Passed Senate Committee on Appropriations	5/24/2012
Passed Senate	5/29/2012
Passed Assembly Committee on Judiciary	6/19/2012
Passed Assembly Committee on Human Services	6/26/2012
Passed Assembly Committee on Appropriations	8/16/2012
Passed Assembly	8/24/2012
Passed Assembly	8/28/2012
Passed Senate	8/29/2012
Presented to the governor (enrolled)	9/06/2012
Became law (chaptered).	9/30/2012

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Senate Committee on Human Services	Do pass, but re-refer to the Committee on Judiciary.	3/27/2012	This motion PASSED the Senate Committee on Human Services 4 voted YES 0 voted NO 3 voted present/not voting
select this vote	Senate Committee on Judiciary	Do pass, but re-refer to the Committee on Appropriations.	4/24/2012	This motion PASSED the Senate Committee on Judiciary 5 voted YES 0 voted NO 0 voted present/not voting
select this vote	Senate Committee on Appropriations	Placed on Appropriations Suspense file.	5/14/2012	This motion PASSED the Senate Committee on Appropriations 7 voted YES 0 voted NO 0 voted present/not voting
select this vote	Senate Committee on Appropriations	Do pass.	5/24/2012	This motion PASSED the Senate Committee on Appropriations 5 voted YES 2 voted NO 0 voted present/not voting
select this vote	Senate	Senate 3rd Reading SB1064 De León	5/29/2012	This bill PASSED the Senate 28 voted YES 7 voted NO 5 voted present/not voting
select this vote	Assembly Committee on Judiciary	Do pass and be re-referred to the Committee on Human Services.	6/19/2012	This motion PASSED the Assembly Committee on Judiciary 8 voted YES 0 voted NO 2 voted present/not voting
select this vote	Assembly Committee on Human Services	Do pass and be re-referred to the Committee on Appropriations.	6/26/2012	This motion PASSED the Assembly Committee on Human Services 4 voted YES 0 voted NO 2 voted present/not voting
select this vote	Assembly Committee on Appropriations	Do pass.	8/16/2012	This motion PASSED the Assembly Committee on Appropriations 12 voted YES 5 voted NO 0 voted present/not voting
select this vote	Assembly	SB 1064 De León Senate Third Reading By MITCHELL Amend By MITCHELL Set #1	8/24/2012	This bill PASSED the Assembly 49 voted YES 20 voted NO 11 voted present/not voting
select this vote	Assembly	SB 1064 De León Senate Third Reading By MITCHELL	8/28/2012	This bill PASSED the Assembly 65 voted YES 6 voted NO 9 voted present/not voting
currently selected	Senate	Unfinished Business SB1064 De León Concurrence	8/29/2012	This bill PASSED the Senate 28 voted YES 4 voted NO 8 voted present/not voting

	Action	Date	Description
	Introduced	2/13/2012
		2/13/2012	Introduced. Read first time. To Com. on RLS. for assignment. To print.
		2/14/2012	From printer. May be acted upon on or after March 15.
		3/01/2012	Referred to Coms. on HUMAN S. and JUD.
		3/02/2012	Set for hearing March 27.
		3/19/2012	From committee with author's amendments. Read second time and amended. Re-referred to Com. on HUMAN S.
select this vote	Vote	3/27/2012	Do pass, but re-refer to the Committee on Judiciary.
		3/27/2012	From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0. Page 3022.) (March 27). Re-referred to Com. on JUD.
		4/16/2012	From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
		4/17/2012	Set for hearing April 24.
select this vote	Vote	4/24/2012	Do pass, but re-refer to the Committee on Appropriations.
		4/25/2012	From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3309.) (April 24). Re-referred to Com. on APPR.
		5/04/2012	Set for hearing May 14.
select this vote	Vote	5/14/2012	Placed on Appropriations Suspense file.
		5/14/2012	Placed on APPR. suspense file.
		5/18/2012	Set for hearing May 24.
		5/24/2012	From committee: Do pass. (Ayes 5. Noes 2. Page 3590.) (May 24).
select this vote	Vote	5/24/2012	Do pass.
		5/25/2012	Read second time. Ordered to third reading.
		5/29/2012	Read third time. Passed. (Ayes 28. Noes 7. Page 3646.) Ordered to the Assembly.
select this vote	Senate Vote on Passage	5/29/2012	Senate 3rd Reading SB1064 De León
		5/30/2012	In Assembly. Read first time. Held at Desk.
		6/07/2012	Referred to Coms. on JUD. and HUM. S.
		6/19/2012	From committee: Do pass and re-refer to Com. on HUM. S. (Ayes 8. Noes 0.) (June 19). Re-referred to Com. on HUM. S.
select this vote	Vote	6/19/2012	Do pass and be re-referred to the Committee on Human Services.
select this vote	Vote	6/26/2012	Do pass and be re-referred to the Committee on Appropriations.
		6/27/2012	From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 26). Re-referred to Com. on APPR.
		8/08/2012	Set, first hearing. Referred to APPR. suspense file.
		8/16/2012	From committee: Do pass. (Ayes 12. Noes 5.) (August 16).
select this vote	Vote	8/16/2012	Do pass.
		8/20/2012	Read second time. Ordered to third reading.
		8/24/2012	Assembly Rule 69 suspended. (Page 6273.) Read third time and amended. (Ayes 49. Noes 20. Page 6275.) Ordered to third reading.
select this vote	Assembly Vote on Passage	8/24/2012	SB 1064 De León Senate Third Reading By MITCHELL Amend By MITCHELL Set #1
		8/28/2012	Read third time. Passed. (Ayes 65. Noes 6. Page 6448.) Ordered to the Senate.
		8/28/2012	In Senate. Concurrence in Assembly amendments pending.
select this vote	Assembly Vote on Passage	8/28/2012	SB 1064 De León Senate Third Reading By MITCHELL
		8/29/2012	Assembly amendments concurred in. (Ayes 28. Noes 4. Page 4969.) Ordered to engrossing and enrolling.
currently selected	Senate Vote on Passage	8/29/2012	Unfinished Business SB1064 De León Concurrence
		9/06/2012	Enrolled and presented to the Governor at 2:30 p.m.
		9/30/2012	Approved by the Governor.
		9/30/2012	Chaptered by Secretary of State. Chapter 845, Statutes of 2012.