AMENDED IN SENATE AUGUST 20, 2026

AMENDED IN SENATE JUNE 4, 2026

AMENDED IN ASSEMBLY MARCH 19, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

96

Introduced by Assembly Member Quirk-Silva

February 3, 2026

An act to amend Section 728 of the Welfare and Institutions Code, relating to juveniles.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

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 subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance to, and a minor under 12 years of age who is alleged to have committed specified serious offenses to, the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court.

Existing law requires, unless waived for good cause, a court investigator, probation officer, or domestic relations investigator to make an investigation and file with the probate court a report and recommendation concerning each proposed guardianship of the person or guardianship of the estate. Existing law authorizes, in specified circumstances, the court to refer the matter, in writing, to the local child welfare agency to initiate an investigation, and requires the referral to include a summary of the reasons for the referral and authorizes the inclusion of a copy of the petition, the investigator’s report, and any other material information. If the juvenile court commences dependency proceedings, the guardianship proceedings are stayed, and if the juvenile court does not commence dependency proceedings, the probate court retains jurisdiction to hear and determine the guardianship petition.

Existing law authorizes the juvenile court to terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under the above-described provisions authorizing a juvenile court to adjudge children as dependents or wards, and subjects those proceedings to specified notice requirements.

This bill would authorize the juvenile court to terminate or modify temporary probate guardianships at any hearing without further notice notice, if specified requirements are met, including, but not limited to, when in the best interests of the minor.

The people of the State of California do enact as follows:

SECTION 1.

Section 728 of the Welfare and Institutions Code is amended to read:

728.

(a) The juvenile court may terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under Section 300, 601, or 602. If the probation officer supervising the minor provides information to the court regarding the minor’s present circumstances and makes a recommendation to the court regarding a motion to terminate or modify a guardianship established in any county under the Probate Code, or to appoint a coguardian or successor guardian, of the person of a minor who is before the juvenile court under a petition filed under Section 300, 601, or 602, the court shall order the appropriate county department, or the district attorney or county counsel, to file the recommended motion. The motion may also be made by the guardian or the minor’s attorney. The hearing on the motion may be held simultaneously with any regularly scheduled hearing held in proceedings to declare the minor a dependent child or ward of the court, or at any subsequent hearing concerning the dependent child or ward. Notice requirements of Section 294 shall apply to the proceedings in juvenile court under this subdivision, except that a temporary guardianship may be terminated or modified by the juvenile court at any hearing without further notice in the best interests of the minor. notice pursuant to Section 294 is not required before the juvenile court terminates or modifies a temporary probate guardianship at any hearing if notice of the hearing was given as required, that notice informs the parties that termination or modification of the temporary guardianship may occur at the hearing, and the juvenile court determines, based on a court report submitted for the hearing or any other evidence presented, that termination or modification is in the best interests of the minor.

(b) If the juvenile court decides to terminate or modify a guardianship previously established under the Probate Code pursuant to subdivision (a), the juvenile court shall provide notice of that decision to the court in which the guardianship was originally established. The clerk of the superior court, upon receipt of the notice, shall file the notice with other documents and records of the pending proceeding and deliver by first-class mail or by electronic service pursuant to Section 1215 of the Probate Code a copy of the notice to all parties of record in the superior court.

(c) If, at any time during the period a minor under 18 years of age is a ward of the juvenile court, the probation officer supervising the minor recommends to the court that the court establish a guardianship of the person of the minor and appoint a specific adult to act as guardian, or on the motion of the minor’s attorney, or on the order of the court that a guardianship shall be established as the minor’s permanent plan pursuant to paragraph (4) of subdivision (b) of Section 727.3, the court shall set a hearing to consider the recommendation or motion and shall order the clerk to notice the minor’s parents and relatives, as required in Section 294. If the motion is not made by the minor’s attorney, the court may appoint the district attorney or county counsel to prosecute the action.

(d) The procedures for appointment of a guardian shall be conducted exclusively pursuant to Section 366.26, except that subdivision (j) of Section 366.26 shall not apply.

(e) Upon the appointment of a guardian pursuant to subdivision (d), the court may continue wardship and conditions of probation, or may terminate the wardship of the minor.

(f) Notwithstanding Section 1601 of the Probate Code, the proceedings to modify or terminate a guardianship granted under this section shall be held in the juvenile court unless the termination is due to the emancipation or adoption of the minor.

(g) The Judicial Council shall develop rules of court and adopt appropriate forms for the findings and orders under this section.