CA AB2124

Requires probate courts to immediately refer cases to child welfare agencies for investigation when a child may be abused or neglected, rather than merely authorizing such referrals, and prohibits completion of guardianship proceedings until the investigation is completed and reported to juvenile court.

Allows probate courts to bypass the child welfare referral requirement if parents, the proposed guardian, and the child (if 12 or older) provide written, informed consent to establish guardianship in probate court, unless the court determines the child is at risk of abuse or neglect with the proposed guardian.

Requires juvenile courts to review decisions by social workers not to file dependency petitions when probate courts have made referrals, and mandates initiation of dependency proceedings if the child would be described by Section 300 and juvenile court appears best able to serve the family.

Expands Kinship Guardianship Assistance Payment (Kin-GAP) eligibility to include children under 18 and youth under 21 with kinship guardianships established through juvenile court, eliminating prior requirements for dependency adjudication, six months of prior placement, and termination of dependency jurisdiction.

Requires the Judicial Council to develop rules and forms implementing these provisions by January 1, 2022, and exempts state reimbursement obligations for costs mandated under 2011 Realignment Legislation.