California
AB2767
AB2767 - Juveniles: family finding.
Source: Congress.gov ·
14,610 words in original text
Plain English summary not yet available
The full original text is available below. Check back soon as we process this bill.
Amended IN Assembly April 27, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 2767 Introduced by Assembly Member Ahrens February 20, 2026 An act to amend Sections 309, 827, and 10850 10850, and 16501 of the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGEST AB 2767, as amended, Ahrens. Juveniles: family finding. (1) Existing law requires a county social worker to investigate the circumstances of each child taken into temporary custody by a peace officer under specified circumstances. Existing law requires the social worker to conduct an investigation, within 30 days of the child’s removal, to identify and locate adult relatives of the child, as specified, and to provide them with a notification that the child has been removed from the custody of the child’s parents, guardians, or Indian custodian, and an explanation of the various options to participate in the care and placement of the child. Existing law requires a social worker to use due diligence in investigating the names and locations of relatives, and defines “due diligence” to include family finding, as specified. This bill would additionally require that a social worker’s investigation under these provisions be conducted within 30 days of when a child has been accepted for services, as defined, by a county child welfare or probation department. The bill would specify that family finding activities include conducting outreach to identified relatives and kin and would require social workers to notify the relatives and kin of specified information, including services and support available to relatives and kin. The bill would require family finding activities to be conducted throughout the life of a case unless discontinued because of specified circumstances, including that a child is in a preadoptive placement and adoption proceedings have been commenced. The bill would require the disclosure of certain information to identified relatives and kin, and would authorize disclosure of certain information after verification of the relationship to the child or youth and determination that sharing of the information would be in the best interest of the child, as specified. The bill would set forth requirements for county personnel to make the authorized disclosures and would set forth standards for use of social media for outreach to relatives and kin. The bill would require the State Department of Social Services to develop training for county personnel on the above-described requirements and would require all county child welfare and probation personnel who conduct family finding activities to complete the training within 180 days of the training becoming available or within 60 days of assignment to family finding duties, whichever is later. This bill would authorize a county child welfare agency or probation department to conduct family finding and engagement activities prior to the removal of a child from parental custody, as specified. (2) Existing law establishes various public social services programs to provide for protection, care, and assistance to the people of the state in need of those services. Existing law, in this regard, and with some exceptions, requires all applications and records concerning any individual made or kept by any public officer or agency in connection with the administration of public social services for which grants-in-aid are received by this state from the federal government be kept confidential. Existing law exempts from those confidentiality provisions the disclosure of information between employees of a county’s adult protective services agency and a county’s child welfare agency for the purpose of multidisciplinary teamwork in the prevention, intervention, management, or treatment of child abuse or neglect or abuse or neglect of an elder or dependent adult. Existing law makes it a misdemeanor to knowingly secure or possess a list of persons who have applied for or who have been granted any form of public service in violation of these provisions. This bill would additionally exempt from these confidentiality provisions information regarding children receiving child welfare services to be disclosed to relatives and kin nonrelative extended family members without consent if the disclosure is directly connected to the administration of the child welfare program and serves the purpose of identifying placement and support resources for children. By expanding the scope of a crime, this bill would impose a state-mandated local program. (3) Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files, as defined. Existing law authorizes only certain individuals to inspect a juvenile case file, including, among others, county counsel, city attorney, or any other attorney representing the county child welfare agency in dependency proceedings, and the county counsel or city attorney representing the child welfare agency or probation department in connection with the administration or review of child welfare or probation services, as specified, to access juvenile case files. This bill would authorize county child welfare and probation department personnel for the purposes of conducting family finding activities, as specified, to access a juvenile case file. By imposing additional duties on local entities to provide access to these records, this bill would impose a state-mandated local program. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (3) Existing law defines “child welfare services” to mean public social services that are directed toward the accomplishment of various purposes, including protecting and promoting the welfare of all children, and includes, among other services, emergency response services and family maintenance services. This bill would modify the definition of “child welfare services.” The bill would require, upon providing child welfare services to a child or family, whether court-ordered or voluntarily accepted, the county child welfare agency or probation department to develop a case plan, as specified. The bill would authorize, as part of the case planning process, a county child welfare agency or probation department to conduct family finding and engagement activities to support the goals identified in the case plan. The bill would define “family finding and engagement” for these purposes. To the extent this bill increases the duties of county welfare agencies or probation departments, this bill imposes a state-mandated local program. (4) 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 no reimbursement is required by this act for a specified reason. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 309 of the Welfare and Institutions Code is amended to read: 309. (a) Upon delivery to the social worker of a child who has been taken into temporary custody under this article, the social worker shall immediately investigate the circumstances of the child and the facts surrounding the child’s being taken into custody and attempt to maintain the child with the child’s family through the provision of services. The social worker shall immediately release the child to the custody of the child’s parent, guardian, Indian custodian, or relative, regardless of the parent’s, guardian’s, Indian custodian’s, or relative’s immigration status, unless one or more of the following conditions exist: (1) The child has no parent, guardian, Indian custodian, or relative willing to provide care for the child. (2) Continued detention of the child is a matter of immediate and urgent necessity for the protection of the child and there are no reasonable means by which the child can be protected in their home or the home of a relative. (3) If it is known or there is reason to know the child is an Indian child, the child has been physically removed from the custody of a parent or parents or an Indian custodian, continued detention of the child continues to be necessary to prevent imminent physical damage or harm to the child, and there are no reasonable means by which the child can be protected if maintained in the physical custody of their parent or parents or Indian custodian. (4) There is substantial evidence that a parent, guardian, or Indian custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm. (5) The child has left a placement in which the child was placed by the juvenile court. (6) The parent or other person having lawful custody of the child voluntarily surrendered physical custody of the child pursuant to Section 1255.7 of the Health and Safety Code and did not reclaim the child within the 14-day period specified in subdivision (g) of that section. (b) In any case in which there is reasonable cause for believing that a child who is under the care of a physician and surgeon or a hospital, clinic, or other medical facility, cannot be immediately moved, and is a person described in Section 300, the child shall be deemed to have been taken into temporary custody and delivered to the social worker for the purposes of this chapter while the child is at the office of the physician and surgeon or the medical facility. (c) If the child is not released to their parent or guardian, the child shall be deemed detained for purposes of this chapter. (d) (1) If a relative, as defined in Section 319, an extended family member of an Indian child, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, is available and requests emergency placement of the child pending the detention hearing, or after the detention hearing and pending the dispositional hearing conducted pursuant to Section 358, the county welfare department shall initiate an assessment of the relative’s or nonrelative extended family member’s suitability for emergency placement pursuant to Section 361.4. (2) Upon completion of the assessment pursuant to Section 361.4, the child may be placed in the home on an emergency basis. Following the emergency placement of the child, the county welfare department shall evaluate and approve or deny the home pursuant to Section 16519.5. If the home in which the Indian child is placed is licensed or approved by the child’s tribe, the provisions of Section 16519.5 do not apply for further approval. The county shall require the relative or nonrelative extended family member to submit an application for approval as a resource family and initiate the home environment assessment no later than five business days after the placement. (3) If the sole issue preventing an emergency placement of a child with a relative or nonrelative extended family member is a lack of resources, including, but not limited to, physical items such as cribs and car seats, the agency shall use reasonable efforts to assist the relative or nonrelative extended family member in obtaining the necessary items within existing available resources. The department shall work with counties and stakeholders to issue guidance regarding reasonable efforts requirements. (e) (1) If the child is removed, or upon the initiation of child welfare services when a child is accepted for services as defined in subdivision (k), the social worker shall conduct, within 30 days, an investigation in order to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling, adult siblings, other adult relatives of the child, as defined in paragraph (2) of subdivision (h) of Section 319, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). As used in this section, “sibling” means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent. The social worker shall provide to all adult relatives who are located, except when that relative’s history of family or domestic violence makes notification inappropriate, within 30 days of removal of the child, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information: (A) The child has been removed from the custody of their parent or parents, guardian or guardians, or Indian custodian. (B) An explanation of the various options to participate in the care and placement of the child and support for the child’s family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a resource family, and additional services and support that are available in out-of-home placements, and, if it is known or there is reason to know the child is an Indian child, the option of obtaining approval for placement through the tribe’s license or approval procedure. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), adoption, and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. The State Department of Social Services, in consultation with the County Welfare Directors Association of California and other interested stakeholders, shall develop the written notice. (2) The social worker shall al
[Text truncated for display. Full text available on Congress.gov.]
Important: This plain English summary was generated by AI and is provided for informational purposes only.
It is not legal advice. Always consult the official bill text on Congress.gov
or a qualified attorney for legal matters.