The Overview

When a California court does not initially place a child removed from their parents with a relative who has been considered for placement, the court must state on the record why that placement was denied or delayed. California's Dependency: placement of child with relative, AB 1846, became law when Gov. Gavin Newsom (D) signed it Sept. 18. Experts have called for stronger support for kin caregivers, particularly for Black children in the foster system, and child-welfare agencies are already expected to search for relatives when children enter care, according to the Center for Health Journalism. ​

What the Law Does

Under existing law, relatives already receive preferential consideration when a child is removed from their parents, and courts must state on the record why they deny placement with a relative who has been considered. The law now requires a judge who does not place a child with a relative to state the reasons for that denial or delay on the record. That requirement creates a paper trail if families or attorneys believe a relative was wrongly passed over.

It also requires county social workers, except as specified, to assess any relative who requests placement and has not been previously assessed or found unsuitable, after the court conducts the dispositional hearing. When a court has already ended reunification services before a relative asks for placement, the social worker and court must weigh additional factors, including the child's relationship with their current caregiver.

Because the law adds duties for county social workers, it creates a state-mandated local program, though the bill provides that no state reimbursement is required.

Legislative Status

Asm. Catherine Stefani (D-CA-19) is the sole author of the bill. Every recorded floor and committee vote passed without a single no vote: the full Assembly approved it 68-0 on April 16, and the full Senate passed it 39-0 on Aug. 27. California CASA, an advocacy organization, said AB 1846 "strengthens family preservation and kinship placement." The law takes effect Jan. 1, 2027.

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