CaliforniaJuveniles: dependency: incarcerated parent.
What it does
Existing law requires notice of, and the opportunity for an incarcerated parent to be physically present in, proceedings terminating their parental rights or seeking to adjudicate the child of a prisoner a dependent child of the court. Existing law prohibits these proceedings from being adjudicated without the physical presence of the parent unless the court receives a knowing waiver from the parent of their right to be physically present at the proceedings, or an affidavit signed by a person in charge of the incarcerating institution that the prisoner does not intend to appear at the proceeding. Existing law authorizes, in the court's discretion, an incarcerated parent who has waived the right to be physically present at those proceedings to be given the opportunity to participate in the proceeding by videoconference, if that technology is available.
More detail
Existing law authorizes, if videoconferencing technology is not available, the use of teleconferencing.
This bill would also require notice of, and the opportunity for an incarcerated parent to be physically present in, specified additional dependency hearings relating to their child. The bill would additionally require an incarcerated parent who has waived the right to be physically present to be given the opportunity to participate in those proceedings by videoconference, and, if videoconferencing technology is not available, require the use of teleconferencing. By increasing the duties of local county jail officials, this bill would impose a state-mandated local program.
Existing law entitles a minor who is the subject of a juvenile court hearing to be present at that hearing and specifies that the minor has the right to be represented at the hearing by counsel of their choice. Existing law requires the court to inform the minor, if the minor is present at the hearing, of their right to address the court and participate in the hearing. Existing law requires the court, if the minor is 10 years of age or older and not present at the hearing, to determine whether the minor was properly notified of their right to attend the hearing and inquire whether they were given an opportunity to attend. Existing law generally requires the court to continue the hearing to allow the minor to be present, if they were not properly notified or if they wished to present, but were not given the opportunity. Existing law requires the court to continue the hearing only for the period of time necessary to provide the child notice and secure their presence.
This bill would expand the above provisions to include nonminor dependents.
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 the statutory provisions noted above.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Oct 3Chaptered by Secretary of State - Chapter 274, Statutes of 2025.Latest
- Oct 3Approved by the Governor Gavin Newsom.Became Law
- Sep 11Enrolled and presented to the Governor at 4 p.m.To Governor
- Sep 4In Assembly. Ordered to Engrossing and Enrolling.Minor
- Vote recorded Special Consent AB651 Bryan et al. Result: pass.Upper
- Sep 4Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2522.).Passed Senate
- Sep 2Ordered to special consent calendar.
- Aug 29Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- Aug 29From committee: Do pass. (Ayes 7. Noes 0.) (August 29).Minor
- Aug 18In committee: Referred to suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jul 9From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 13. Noes 0.) (July 8). Re-referred to Com. on APPR.Minor
- Jul 8
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar. Result: pass.Upper
- Jul 2From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (July 1). Re-referred to Com. on JUD.Minor
- Jul 1
- Vote recorded Do pass, but first be re-referred to the Committee on [Judiciary] with the recommendation: To Consent Calendar. Result: pass.Upper
- Jun 18Referred to Coms. on PUB. S. and JUD.Minor
- Jun 4In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Jun 3Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1975.)Passed Assembly
- Vote recorded AB 651 Bryan Assembly Third Reading. Result: pass.Lower
- May 27Read second time. Ordered to third reading.Minor
- May 23From committee: Do pass. (Ayes 14. Noes 0.) (May 23).Minor
- Vote recorded Do pass. Result: pass.Lower
- May 7In committee: Set, first hearing. Referred to APPR. suspense file.Minor
- Apr 22From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (April 22). Re-referred to Com. on APPR.Minor
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar. Result: pass.Lower
- Apr 10Re-referred to Com. on JUD.Minor
- Apr 9From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.Major
- Apr 9From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (April 8). Re-referred to Com. on JUD.Minor
- Apr 8
- Vote recorded Do pass and be re-referred to the Committee on [Judiciary] with recommendation: To Consent Calendar. Result: pass.Lower
- Mar 17Referred to Coms. on PUB. S. and JUD.Minor
- Feb 14From printer. May be heard in committee March 16.
- Feb 13Read first time. To print.Introduced