California Welfare and Institutions Code

§ 360

WIC § 360 Effective Jan 1, 2023Div. 2 · Part 1 · Ch. 2 · Art. 10

Statute text

After receiving and considering the evidence on the proper disposition of the case, the juvenile court may enter judgment as follows:

(a)(1) Notwithstanding any other law, if the court finds that the child is a person described by Section 300 and the parent has advised the court that the parent is not interested in family maintenance or family reunification services and has executed a written waiver of any of those services, the court may, in addition to or in lieu of adjudicating the child a dependent child of the court, order a legal guardianship, appoint a legal guardian, and issue letters of guardianship, if the court determines that a guardianship is in the best interest of the child, provided the parent and the child agree to the guardianship, unless the child’s age or physical, emotional, or mental condition prevents the child’s meaningful response. The court shall advise the parent and the child that reunification services will not be provided as a result of the establishment of a guardianship. The proceeding for the appointment of a guardian shall be in the juvenile court.

(2)If the parent designates a specific person to be the child’s guardian, and the child, or the child’s legal counsel if the child is under 12 years of age, does not object to that person’s appointment, and if the court finds that the proposed guardian agrees to the appointment as the child’s guardian, as well as all the rights and responsibilities of being a legal guardian, the court shall appoint the proposed guardian, unless it finds by a preponderance of the evidence that the person’s appointment would be contrary to the best interests of the child. The assessment under subdivision (g) of Section 361.5 shall be considered in determining the best interest of the child. If the child is an Indian child, as defined in Section 224.1, placement preferences shall be applied according to Section 361.31.

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Legislative history

Amended by Stats. 2022, Ch. 780, Sec. 2. (AB 2309) Effective January 1, 2023.