Dependent Children—Commencement of Proceedings

Cal. WIC § 328

California Statutes

(

a) If the social worker has cause to believe that there was or is within the county, or residing in the county, a person described in

Section 300, the social worker shall immediately make any investigation the social worker deems necessary to determine whether child welfare services should be offered to the family and whether proceedings in the juvenile court should be commenced. If the social worker determines that it is appropriate to offer child welfare services to the family, the social worker shall make a referral to these services pursuant to

Chapter 5 (commencing with

Section 16500) of Part of Division 9. An inference regarding the credibility of the allegations or the need for child welfare services shall not be drawn from the mere existence of a child custody or visitation dispute.

(1) This subdivision does not require an investigation by the social worker with respect to a child delivered or referred to any agency pursuant to

Section 307.5.

(2) The social worker shall interview any child four years of age or older who is a subject of an investigation, and who is in juvenile hall or other custodial facility, or has been removed to a foster home, to ascertain the child’s view of the home environment. If proceedings are commenced, the social worker shall include the substance of the interview in any written report submitted at an adjudicatory hearing, or if no report is then received in evidence, the social worker shall include the substance of the interview in the social study required by

Section 358. A referral based on allegations of child abuse from the family court pursuant to

Section of the Family Code shall be investigated to the same extent as any other child abuse allegation. (b)

(1) The State Department of Social Services shall submit a report to the Legislature that includes all of the following data: (

A) The number of children in the care and custody of all county placing agencies pursuant to a voluntary placement agreement, as defined in subdivision (

p) of

Section 11400. (

B) The number of child welfare agency investigations that resulted in a written plan for care of a child outside the home of the parent that is not a voluntary placement agreement, as described in subparagraph (A). (

C) The number of children identified in subparagraphs (

A) and (

B) for whom a subsequent report is made by child protective services within one year of initial contact with the county agency, including whether the reports were substantiated, unsubstantiated, or inconclusive. (

D) The number of children identified in subparagraphs (

A) and (

B) for whom a dependency court petition is filed within one year of the date of the voluntary placement agreement or written plan for care.

(2) The department shall stratify the data required pursuant to paragraph (1) by a variety of demographic characteristics, including, at a minimum, by race and income level to the extent allowable to protect confidentiality.

(3) The report shall be submitted to the Legislature on or before January 1, 2025, or months after the date the department notifies the Legislature that the Child Welfare Services – California Automated Response and Engagement System (CWS-CARES) can perform the necessary automation to implement the new data fields described in paragraph (1). The report shall be submitted to the Legislature in compliance with

Section of the Government Code.

Document details

CollectionCalifornia Statutes
CitationCal. WIC § 328
Date2023-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierWIC328.20227801

Dependent Children—Commencement of Proceedings

Cal. WIC § 328

California Statutes

Dependent Children—Commencement of Proceedings

Cal. WIC § 328

California Statutes

(

a) If the social worker has cause to believe that there was or is within the county, or residing in the county, a person described in

Section 300, the social worker shall immediately make any investigation the social worker deems necessary to determine whether child welfare services should be offered to the family and whether proceedings in the juvenile court should be commenced. If the social worker determines that it is appropriate to offer child welfare services to the family, the social worker shall make a referral to these services pursuant to

Chapter 5 (commencing with

Section 16500) of Part of Division 9. An inference regarding the credibility of the allegations or the need for child welfare services shall not be drawn from the mere existence of a child custody or visitation dispute.

(1) This subdivision does not require an investigation by the social worker with respect to a child delivered or referred to any agency pursuant to

Section 307.5.

(2) The social worker shall interview any child four years of age or older who is a subject of an investigation, and who is in juvenile hall or other custodial facility, or has been removed to a foster home, to ascertain the child’s view of the home environment. If proceedings are commenced, the social worker shall include the substance of the interview in any written report submitted at an adjudicatory hearing, or if no report is then received in evidence, the social worker shall include the substance of the interview in the social study required by

Section 358. A referral based on allegations of child abuse from the family court pursuant to

Section of the Family Code shall be investigated to the same extent as any other child abuse allegation. (b)

(1) The State Department of Social Services shall submit a report to the Legislature that includes all of the following data: (

A) The number of children in the care and custody of all county placing agencies pursuant to a voluntary placement agreement, as defined in subdivision (

p) of

Section 11400. (

B) The number of child welfare agency investigations that resulted in a written plan for care of a child outside the home of the parent that is not a voluntary placement agreement, as described in subparagraph (A). (

C) The number of children identified in subparagraphs (

A) and (

B) for whom a subsequent report is made by child protective services within one year of initial contact with the county agency, including whether the reports were substantiated, unsubstantiated, or inconclusive. (

D) The number of children identified in subparagraphs (

A) and (

B) for whom a dependency court petition is filed within one year of the date of the voluntary placement agreement or written plan for care.

(2) The department shall stratify the data required pursuant to paragraph (1) by a variety of demographic characteristics, including, at a minimum, by race and income level to the extent allowable to protect confidentiality.

(3) The report shall be submitted to the Legislature on or before January 1, 2025, or months after the date the department notifies the Legislature that the Child Welfare Services – California Automated Response and Engagement System (CWS-CARES) can perform the necessary automation to implement the new data fields described in paragraph (1). The report shall be submitted to the Legislature in compliance with

Section of the Government Code.

Document details

CollectionCalifornia Statutes
CitationCal. WIC § 328
Date2023-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierWIC328.20227801