Senate Approves Wolk's Legal Guardian Visitation Bill

Legislation allows guardians to be granted visitation rights if in child's best interest

"There is a hole in our legal system," said Assemblywoman Lois Wolk. "Today, if a family member steps up to care for an abused or neglected child and obtains guardianship through the probate court, that guardianship can be terminated, and all contact between the guardian and the child can be abruptly severed."

Under current law, relatives who chose to become guardians are routinely encouraged to seek a probate guardianship rather than allow the county to process the child through the child welfare system and then be appointed a guardian by the juvenile dependency court. But in dependency court, the court has the power to order visitation upon termination of the guardianship, and allows caregivers to maintain the connection with the child if it is in the best interest of the child.

“This bill allows children to maintain relationships with the loving adults who've cared for them during a particularly tumultuous time.” said Wolk. “It encourages courts to opt for stability and continuity in a child's life by continuing a these important relationships between the child and his or her former legal guardian.”

AB 2292 is in response to a case where a constituent was made the legal guardian of her nephew and after a long absence the biological father returned to claim the boy. The constituent was denied visitation with her nephew after her guardianship was terminated. The bill passed the Senate with a 33-1 vote, and will next be presented to Governor Arnold Schwarzenegger for signature.