AB 1195

AB1195:v95#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 1195

An act to add Section 4034 to the Penal Code, and to amend Section 362.1 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL'S DIGEST

AB 1195, as amended, Quirk-Silva. Juveniles: incarcerated parent: visitation.

Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents of the court under certain circumstances, including when the child suffered, or there is a substantial risk that the child will suffer, serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of the child’s parents or guardian, which include that their parent or guardian has been incarcerated or institutionalized and cannot arrange for the care of the minor. Existing law requires, if the parent or guardian is incarcerated or institutionalized, the court to order reasonable services, which may include visitation services, if appropriate, unless the court determines those services would be detrimental to the child.

This bill would require any order placing a child in foster care, and ordering reunification services, to include specified provisions if the parent of the dependent child is incarcerated in a county jail, including, among others, that the incarcerated parent is entitled to regularly scheduled, in-person visitation, that the county jail is required to ensure that the incarcerated parent is made available to attend regularly scheduled, in-person visits with their dependent child, and that the child welfare agency and county jail are required to make a good faith reasonable effort to document specified information relating to visitation and to include in all reports submitted to the court for each status review hearing a brief summary of visitation activity. The bill would authorize the use of videoconferencing technology or telephonic communication in lieu of in-person visits, as specified. By imposing new duties on child welfare agencies and county jails, 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.

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.

(a) The Legislature finds and declares both of the following:

(1) Maintaining the parent-child relationship while a parent is incarcerated reduces emotional trauma for children, improves family reunification outcomes, and decreases recidivism rates.

(2) Maintaining family bonds is a critical component of the reunification process and the overall well-being of children in the foster care system.

(b) It is, therefore, the intent of the Legislature in enacting this act, to remove barriers that prevent incarcerated parents from participating in their dependent children’s lives and ensures that county jails and child welfare agencies prioritize family connections when courts have ordered that those connections are appropriate and necessary to support family reunification.

SEC. 2.

Section 4034 is added to the Penal Code, immediately following Section 4033, to read:

4034.

Each county jail shall comply with an order placing a child in foster care, and ordering reunification services, that includes the provisions described in paragraph (5) of subdivision (a) of Section 362.1 of the Welfare and Institutions Code.

SEC. 3.

Section 362.1 of the Welfare and Institutions Code is amended to read:

362.1.

(a) In order to maintain ties between the parent or guardian and any siblings and the child, and to provide information relevant to deciding if, and when, to return a child to the custody of their parent or guardian, or to encourage or suspend sibling interaction, any order placing a child in foster care, and ordering reunification services, shall provide as follows:

(1) (A) Subject to subparagraph (B), for visitation between the parent or guardian and the child. Visitation shall be as frequent as possible, consistent with the well-being of the child.

(B) A visitation order shall not jeopardize the safety of the child. To protect the safety of the child, the court may keep the child’s address confidential. If the parent of the child has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, and the victim of the murder was the other parent of the child, the court shall order visitation between the child and the parent only if that order would be consistent with Section 3030 of the Family Code.

(2) Pursuant to subdivision (b) of Section 16002, for visitation between the child and any siblings, unless the court finds by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of either child.

(3) Pursuant to subdivision (c) of Section 16002, for review of the reasons for any suspension of sibling interaction at each periodic review hearing pursuant to Section 366, and for a requirement that, in order for a suspension to continue, the court shall make a renewed finding that sibling interaction is contrary to the safety or well-being of either child.

(4) If the child is a teen parent who has custody of their child and that child is not a dependent of the court pursuant to this chapter, for visitation among the teen parent, the child’s noncustodial parent, and appropriate family members, unless the court finds by clear and convincing evidence that visitation would be detrimental to the teen parent.

(5) If the parent of the child is incarcerated in a county jail and the court has ordered reasonable services to the parent pursuant to subdivision (e) of Section 361.5, all of the following:

(A) That the incarcerated parent is entitled to regularly scheduled, in-person visitation and that the county jail shall ensure that the incarcerated parent is made available to attend those regularly scheduled, in-person visits with their dependent child, unless subparagraph (B) applies or the court finds that in-person visitation between the dependent child and the incarcerated parent would be detrimental to the child’s well-being. In determining whether in-person visitation would be detrimental, the court shall consider the factors described in paragraph (1) of subdivision (e) of Section 361.5. 361.5 and any safety concerns at the county jail.

(B) (i) If it is not feasible for regularly scheduled, in-person visitation to take place due to logistical or safety concerns the court finds that in-person visitation between the dependent child and the incarcerated parent at the county jail is detrimental to the child, but that visitation is otherwise in the child’s best interests, or the election in clause (ii) is made, that the county jail shall facilitate the incarcerated parent’s participation in regularly scheduled visitation using videoconferencing technology or telephonic communication.

(ii) Dependent children 12 years of age and older may opt to use videoconferencing technology or telephonic communication in lieu of in-person visits. Dependent children under 12 years of age may, in consultation with their caregiver Regardless of age, a dependent child may, in consultation with their attorney or social worker, also opt to use videoconferencing technology or telephonic communication in lieu of in-person visits if it is developmentally appropriate. appropriate and not inconsistent with the court’s visitation orders. The caregiver shall notify the social worker within a reasonable timeframe, but no later than 48 hours after the scheduled visit, if the child has opted not to participate in an in-person visit with their incarcerated parent.

(C) That the child welfare agency shall coordinate with the county jail to ensure that the visitation schedule between the incarcerated parent and the dependent child is maintained. A child welfare agency is not responsible for visitation failures that occur due to county jail noncompliance if the agency has made reasonable efforts to coordinate with the county jail.

(D) That the child welfare agency and county jail shall make a good faith reasonable effort to document all scheduled visits, including, but not limited to, any cancellations or significant delays. The child welfare agency shall document in each of the child’s case plan subsequent court reports the efforts made to coordinate visitation with the county jail, including any barriers identified and related communications with jail staff. The child welfare agency shall include in all reports submitted to the court for each status review hearing a brief summary of visitation activity, including patterns of missed visits and any known reasons for disruption.

(E) That the child welfare agency shall ensure the incarcerated parent is notified of their visitation rights, including instructions on how to request visitation, and how to participate in dependency proceedings, in writing, at the commencement of the dependency proceeding, or at the time of their detention, whichever occurs first.

(F) That community-based organizations or organizations, county child welfare agencies with licensed visitation monitors professional providers, as defined in Section 3200.5 of the Family Code, or an individual who is a resource family, as defined in Section 16519.5, may facilitate scheduled visits between an incarcerated parent and the dependent child. child, as needed, unless the juvenile court orders otherwise.

(b) When reunification services are not ordered pursuant to Section 361.5, the child’s plan for legal permanency shall include consideration of the existence of and the relationship with any sibling pursuant to Section 16002, including their impact on placement and visitation.

(c) 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.

SEC. 4.

To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.