Section 361.8 - Factors to be taken into account in determining existence of risk of abuse or neglect(a) The Legislature declares that a child of a minor parent or nonminor dependent parent shall not be considered to be at risk of abuse or neglect solely on the basis of information concerning the parent's or parents' placement history, past behaviors, or health or mental health diagnoses occurring prior to the pregnancy, although that information may be taken into account when considering whether other factors exist that place the child at risk of abuse or neglect.(b) In the case of a child for whom one or both parents is a minor parent, a nonminor dependent parent, or adjudged to be a ward of the court pursuant to Section 601 or 602, all of the following shall apply:(1) Paragraphs (10) and (11) of subdivision (b) of Section 361.5 shall not apply, unless one or more of the circumstances described in paragraphs (1) to (9), inclusive, and paragraphs (12) to (17), inclusive, of subdivision (b) of Section 361.5 apply.(2) A party seeking an involuntary foster care placement of, or termination of parental rights over, a child born to a parent or parents who were minors or nonminor dependents at the time of the child's birth shall demonstrate to the court that reasonable efforts were made to provide remedial services designed to prevent the removal of the child from the minor or nonminor dependent parent or parents, and that these efforts have proved unsuccessful.(3) The efforts made pursuant to paragraph (2) shall utilize the available resources of the child and the child's minor or nonminor dependent parent's or parents' extended family, social services agencies, caregivers, and other available service providers.(4) Consistent with the intent of the Legislature, as described in Section 16002.5, a social worker or probation officer shall use a strengths-based approach to supporting a minor or nonminor dependent parent in providing a safe and permanent home for their child, including when the social worker or probation officer is conducting an investigation. An investigation shall not be conducted for the child of a minor parent or nonminor dependent parent unless a report has been made pursuant to Section 11166 of the Penal Code.(c) Except as provided in Section 301, prior to a social worker or probation officer arranging any informal or formal custody agreement that includes a temporary or permanent voluntary relinquishment of custody by a parent who is a ward of the juvenile court or a dependent or nonminor dependent parent, or recommending that a nonparent seek legal guardianship of the child of a ward, dependent, or nonminor dependent parent, the parent shall be advised of the right and have the opportunity to consult with their legal counsel. The social worker or probation officer shall note in the case file whether the dependent, nonminor dependent, or ward consulted with legal counsel, or if the opportunity for consultation was provided and the consultation did not occur, the reason that the consultation did not occur.(d) For purposes of this section, "child," "minor parent," and "nonminor dependent parent" have the same meaning as in Section 16002.5.Ca. Welf. and Inst. Code § 361.8
Amended by Stats 2021 ch 585 (AB 670),s 3, eff. 1/1/2022.Amended by Stats 2017 ch 666 (AB 1371),s 2, eff. 1/1/2018.Added by Stats 2015 ch 511 (AB 260),s 1, eff. 1/1/2016.