In addition to complying with all federal child welfare laws, California has some of their own child welfare laws. These laws are mostly overseen by the Child Welfare Policy and Program Development Bureau, which is part of the California Department of Social Services.
Some of California's laws regarding child welfare are outlined below:
The Safely Surrendered Baby Law provides for safe sites where parents of newborns can surrender their infants within 72 hours of birth, with no questions asked. Public access to the law is linked above, and it can also be found on Lexis and Westlaw.
SB 1322 prevents minor victims of sex trafficking from being arrested and charged with prostitution. Public access to the bill is linked above, and it can also be found on Lexis and Westlaw.
SB 794 codifies the federal Preventing Sex Trafficking and Strengthening Families Act (outlined in the Federal Laws & Regulations section of this guide). Public access to the bill is linked above, and it can also be found on Lexis and Westlaw.
W & I § 361.2 comprehensively outlines the rights of children being placed into foster care. Public access to the law is linked above, and it can also be found on Lexis and Westlaw.
AB 1061 added to foster care protections in 2020 by providing that probation officers can now help advocate for the foster children they supervise. Public access to the bill is linked above, and it can also be found on Lexis and Westlaw.
AB 3176 was enacted to decrease the issue of removal of Indian children from their parents and homes. Public access to the bill is linked above, and it can also be found on Lexis and Westlaw.
Related to the same objectives, AB 1325 was enacted to allow Indian children to be adopted in emergency situations without terminating parental rights. Public access to the bill is linked above, and it can also be found on Lexis and Westlaw.
Other child welfare statutes would primarily be found in the Welfare & Institutions Code Division 2 (Children), the Family Code, or the Penal Code Title 9 (Crimes against the person involving sexual assault, and crimes against public decency and good morals) of the California Codes. Public access to the Code Titles/ Divisions are linked above, and the California Codes can also be found on Lexis and Westlaw.
Most California regulations pertaining to child welfare/ child advocacy can be found in either Title 9 Division 6 (Juvenile Justice), Title 15 (Crime Prevention and Corrections), Title 17 (Public Health), or Title 22 Division 6 (Licensing of Community Care Facilities) of the California Code of Regulations (CCR).
Public access to the Titles are linked above, and the CCR can also be found on Lexis and Westlaw.
The California Department of Social Services has also published a Child Welfare Services Manual to assist with the interpretation of and enforcement of child protection regulations.
The Child Welfare Information Gateway has a very comprehensive State Statutes Series with several different surveys on state laws about reporting and responding to child abuse. They also have a national map showing State vs. County Administration of Child Welfare Services.
Westlaw has 50-State Statutory Surveys on Child Abuse and on Child Custody and Support.
Lexis has a 50-State Survey, Statutes and Regulations on the topic of Child Abuse Reporting.
The Juvenile Law Center has a 50-State Survey on Laws & Policies pertaining to extended foster care.
