20250AB__168997AMD INTRODUCED 2026-02-03 AMENDED_ASSEMBLY 2026-03-19 AMENDED_SENATE 2026-06-04 2025 AB AMD Introduced by Assembly Member Quirk-Silva LEAD_AUTHOR ASSEMBLY Quirk-Silva

An act to amend

Section of the Welfare and Institutions Code, relating to juveniles. juveniles Juvenile courts: temporary probate guardianship. Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents of the court under certain circumstances, including when the child suffered or there is a substantial risk that the child will suffer serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment.

Existing law subjects a minor between and years of age, inclusive, who violates any federal, state, or local law or ordinance to, and a minor under years of age who is alleged to have committed specified serious offenses to, the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. Existing law requires, unless waived for good cause, a court investigator, probation officer, or domestic relations investigator to make an investigation and file with the probate court a report and recommendation concerning each proposed guardianship of the person or guardianship of the estate.

Existing law authorizes, in specified circumstances, the court to refer the matter, in writing, to the local child welfare agency to initiate an investigation, and requires the referral to include a

summary of the reasons for the referral and authorizes the inclusion of a copy of the petition, the investigator’s report, and any other material information. If the juvenile court commences dependency proceedings, the guardianship proceedings are stayed, and if the juvenile court does not commence dependency proceedings, the probate court retains jurisdiction to hear and determine the guardianship petition.

Under existing law, the appointment of a temporary probate guardian or delay attributable to a child welfare investigation does not preclude the juvenile court from ordering the social worker to commence dependency proceedings or from hearing and determining a petition.</xhtml:p><xhtml:p>This bill would, in a case in which the child was previously appointed a temporary guardian by a probate court and the child was referred by the probate court to a child welfare agency pursuant to the above-described provisions, authorize the juvenile court to, upon a motion, issue an order terminating or suspending the temporary guardianship if the juvenile court finds that the order is in the best interest of the child, the order is either necessary to avoid conflicting court orders or necessary to order a temporary placement of the child, and the temporary guardian consents to the order.</xhtml:p>"?> Existing law authorizes the juvenile court to terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under the above-described provisions authorizing a juvenile court to adjudge children as dependents or wards, and subjects those proceedings to specified notice requirements.

This bill would authorize the juvenile court to terminate or modify temporary guardianships at any hearing without further notice in the best interests of the minor. MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Welfare and Institutions Code is amended to read: 728. (

a) The juvenile court may terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under

Section 300, 601, or 602. If the probation officer supervising the minor provides information to the court regarding the minor’s present circumstances and makes a recommendation to the court regarding a motion to terminate or modify a guardianship established in any county under the Probate Code, or to appoint a coguardian or successor guardian, of the person of a minor who is before the juvenile court under a petition filed under

Section 300, 601, or 602, the court shall order the appropriate county department, or the district attorney or county counsel, to file the recommended motion. The motion may also be made by the guardian or the minor’s attorney. The hearing on the motion may be held simultaneously with any regularly scheduled hearing held in proceedings to declare the minor a dependent child or ward of the court, or at any subsequent hearing concerning the dependent child or ward. Notice requirements of

Section shall apply to the proceedings in juvenile court under this subdivision, except that a temporary guardianship may be terminated or modified by the juvenile court at any hearing without further notice in the best interests of the minor. (

b) If the juvenile court decides to terminate or modify a guardianship previously established under the Probate Code pursuant to subdivision (a), the juvenile court shall provide notice of that decision to the court in which the guardianship was originally established. The clerk of the superior court, upon receipt of the notice, shall file the notice with other documents and records of the pending proceeding and deliver by first-class mail or by electronic service pursuant to

Section of the Probate Code a copy of the notice to all parties of record in the superior court. (

c) If, at any time during the period a minor under years of age is a ward of the juvenile court, the probation officer supervising the minor recommends to the court that the court establish a guardianship of the person of the minor and appoint a specific adult to act as guardian, or on the motion of the minor’s attorney, or on the order of the court that a guardianship shall be established as the minor’s permanent plan pursuant to paragraph (4) of subdivision (

b) of

Section 727.3, the court shall set a hearing to consider the recommendation or motion and shall order the clerk to notice the minor’s parents and relatives, as required in

Section 294. If the motion is not made by the minor’s attorney, the court may appoint the district attorney or county counsel to prosecute the action. (

d) The procedures for appointment of a guardian shall be conducted exclusively pursuant to

Section 366.26, except that subdivision (

j) of

Section 366.26 shall not apply. (

e) Upon the appointment of a guardian pursuant to subdivision (d), the court may continue wardship and conditions of probation, or may terminate the wardship of the minor. (

f) Notwithstanding

Section of the Probate Code, the proceedings to modify or terminate a guardianship granted under this

section shall be held in the juvenile court unless the termination is due to the emancipation or adoption of the minor. (

g) The Judicial Council shall develop rules of court and adopt appropriate forms for the findings and orders under this section. All matter omitted in this version of the bill appears in the bill as amended in the Assembly, March 19, 2026. (JR11)