California Welfare and Institutions Code

§ 361.2

WIC § 361.2 Effective Sep 27, 2024Div. 2 · Part 1 · Ch. 2 · Art. 10

Statute text

(a)If a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental.

(b)If the court places the child with that parent, the court may do any of the following:

(1)Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents.

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Legislative history

Amended by Stats. 2024, Ch. 656, Sec. 15. (AB 81) Effective September 27, 2024.