CaliforniaCourts must explain delays in placing children with relatives
California’s new rules require courts to explain delayed relative placements and direct social workers to assess some relatives who ask to care for a child later.
What it does
If the court considers a relative but delays placing the child there, it must put its reason on the record, as it already must when it denies placement.
After the placement hearing, a social worker must assess a relative who asks to care for the child and has not already been assessed or found unsuitable. Some late requests may be handled at the worker’s discretion, with court review available.
If reunification services ended before a relative asked for placement, the worker and court must consider the child’s ties to the current caregiver, progress toward a permanent home, and age-appropriate placement preference.
Argument forReviewing a relative’s late request could give a child another chance to live with family if the court finds that fits the child’s needs.
Argument againstConsidering a relative’s request after reunification services end could slow a child’s move toward a permanent home with the current caregiver.
More detail
The court must put on the record why it delayed placement with a relative it considered. This applies when the court does not first place a child with a relative it considered for placement. The court must give its reason when it does not initially place the child with the considered relative.
After the placement hearing, the social worker must assess a relative who asks for placement and has not already been assessed or found unsuitable. This applies to a relative who asks after the placement hearing and before the adoption placement preference applies, if the relative has not already been assessed or found unsuitable. If the agency has met the family search and notice rules and the relative first asks after reunification services end, the worker may choose whether to make an initial assessment. If the worker declines, the court may order one if it finds the assessment is in the child’s best interest. This rule does not apply when reunification services were not provided under the cited law. The assessment duty applies after the placement hearing and before the adoption placement preference applies.
The social worker and court must consider the child’s relationship with the current caregiver, progress toward a permanent home, and placement preference. This applies when the court ended reunification services before the relative asked for placement. The child’s placement preference counts only if appropriate for the child’s age and development. These factors apply when the relative’s placement request comes after reunification services have ended.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 18Chaptered by Secretary of State - Chapter 276, Statutes of 2026.Latest
- Sep 18Approved by the Governor Gavin Newsom.Became Law
- Sep 8Enrolled and presented to the Governor at 3:30 p.m.To Governor
- Aug 28Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6795.).Major
- Vote recorded AB 1846 Stefani Concurrence in Senate Amendments. Result: pass.Lower
- Aug 27In Assembly. Concurrence in Senate amendments pending.
- Vote recorded Special Consent AB1846 Stefani By Wahab. Result: pass.Upper
- Aug 27Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).Passed Senate
- Aug 25Ordered to special consent calendar.
- Aug 17Read second time. Ordered to third reading.Minor
- Aug 13Read second time and amended. Ordered returned to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Upper
- Aug 13From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 13).Major
- Aug 3In committee: Referred to APPR. suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jun 29From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 29). Re-referred to Com. on APPR.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar. Result: pass.Upper
- Jun 10From committee: Do pass and re-refer to Com. on HUMAN S. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (June 9). Re-referred to Com. on HUMAN S.Minor
- Jun 9
- Vote recorded Do pass, but first be re-referred to the Committee on [Human Services] with the recommendation: To Consent Calendar. Result: pass.Upper
- May 6Referred to Coms. on JUD. and HUMAN S.Minor
- Apr 16In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 1846 Stefani Consent Calendar Second Day. Result: pass.Lower
- Apr 16Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 4682.)Passed Assembly
- Apr 9Read second time. Ordered to Consent Calendar.Minor
- Apr 8From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (April 8).Minor
- Vote recorded Do pass. To Consent Calendar. Result: pass.Lower
- Mar 25From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 24). Re-referred to Com. on APPR.Minor
- Mar 24
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar. Result: pass.Lower
- Mar 19Re-referred to Com. on HUM. S.Minor
- Mar 18Read second time and amended.Major
- Mar 17From committee: Amend, and do pass as amended and re-refer to Com. on HUM. S. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (March 17).Major
- Vote recorded Do pass as amended, and be re-referred to the Committee on [Human Services] with recommendation: To Consent Calendar. Result: pass.Lower
- Mar 2Referred to Coms. on JUD. and HUM. S.Minor
- Feb 12From printer. May be heard in committee March 14.
- Feb 11Read first time. To print.Introduced
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