California Welfare and Institutions Code

§ 309

WIC § 309 Effective Jan 1, 2026Div. 2 · Part 1 · Ch. 2 · Art. 7

Statute text

(a)Upon delivery to the social worker of a child who has been taken into temporary custody under this article, the social worker shall immediately investigate the circumstances of the child and the facts surrounding the child’s being taken into custody and attempt to maintain the child with the child’s family through the provision of services. The social worker shall immediately release the child to the custody of the child’s parent, guardian, Indian custodian, or relative, regardless of the parent’s, guardian’s, Indian custodian’s, or relative’s immigration status, unless one or more of the following conditions exist:

(1)The child has no parent, guardian, Indian custodian, or relative willing to provide care for the child.

(2)Continued detention of the child is a matter of immediate and urgent necessity for the protection of the child and there are no reasonable means by which the child can be protected in their home or the home of a relative.

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Legislative history

Amended by Stats. 2025, Ch. 436, Sec. 2. (AB 562) Effective January 1, 2026.