Probate Court can refer cases to Juvenile Dependency under CA Probate Code Section 1513 (b).
If a case comes before the Probate Court in which the minor child appears to be at substantial risk for abuse and neglect or being abused or neglected, or the sibling of a child is such, by way of Welfare & Institutions Code Section 300, the probate judge files a written referral to Child Welfare services. The judge must include the reason or reasons for the referral and can include substantive filed documents, which can include a report from an investigator.
When this occurs, the child welfare agency must initiate an investigation pursuant to Section 329 of the Welfare and Institutions Code.
Although the Probate Court cannot hear the substantive issues while the investigation is pending, the Court may still make orders and take steps to ensure the safety of the minor.
After completion of the investigation, CWS must report all findings back to Probate Court. Probate Code 1513 (b) (4) provides, in relevant part, “ if the child welfare agency has not, within three weeks of the referral, notified the probate court that it has commenced juvenile dependency proceedings, the probate court or counsel appointed pursuant to Section 1470 to represent the minor may apply to the juvenile court, pursuant to Section 331 of the Welfare and Institutions Code, for an order directing the agency to commence juvenile dependency proceedings.”
If Child Welfare commences dependency proceedings in juvenile court, the Probate Matter is stayed. But if no Juvenile Proceeding is filed, the stay is lifted and Probate Court retains Jurisdiction.
This is not an easy process. An attorney can assist you to navigate the process.
California Code, Probate Code – PROB § 1513 (b)
If the proposed ward is or may be described by Section 300 of the Welfare and Institutions Code, the court may refer the matter, in writing, to the local child welfare agency to initiate an investigation pursuant to Section 329 of the Welfare and Institutions Code.The referral shall include a summary of the reasons for the referral and may include a copy of the petition under Section 1510, the investigator’s report filed pursuant to subdivision (a), and any other material information.
(1) Pursuant to the timeline in Section 329 of the Welfare and Institutions Code, the child welfare agency shall report the findings and conclusions of its investigation, any decision made as a result, and the reasons for the decision to the probate court.
(2) The probate court shall not hear and determine the petition to appoint a guardian of the minor until the child welfare agency has completed its investigation and has submitted the report to the probate court.
(3) Notwithstanding paragraph (2), pendingcompletion of the child welfare investigation, the probate court may take any reasonable steps it deems appropriate to protect the child’s safety, including, but not limited to, appointing a temporary guardian or issuing a temporary restraining order.
(4) If the child welfare agency has not, within three weeks of the referral, notified the probate court that it has commenced juvenile dependency proceedings, the probate court or counsel appointed pursuant to Section 1470 to represent the minor may apply to the juvenile court, pursuant to Section 331 of the Welfare and Institutions Code, for an order directing the agency to commence juvenile dependency proceedings.
(5) If the juvenile court commences dependency proceedings, the guardianship proceedings shall be stayed in accordance with Section 304 of the Welfare and Institutions Code. This section does not affect the applicability of Section 16504 or 16506 of the Welfare and Institutions Code. If the juvenile court does not commence dependency proceedings, the probate court shall retain jurisdiction to hear and determine the guardianship petition.
