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<ns0:Id>20250AB__168998AMD</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-03</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Quirk-Silva</ns0:AuthorText>
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<ns0:Name>Quirk-Silva</ns0:Name>
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<ns0:Title> An act to amend Sections 319 and 331 of the Welfare and Institutions Code, relating to juveniles. </ns0:Title>
<ns0:RelatingClause>juveniles</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Juvenile courts: temporary probate guardianship.</ns0:Subject>
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<html:p>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 establishes the grounds for removal of a dependent child from the custody of the child’s parents or guardian. Existing law requires the court, at the initial petition hearing, to examine the child’s parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence, and order the release of the child from custody unless a prima facie showing has been made that the child comes within the
court’s jurisdiction, the court finds that continuance in the parent’s or guardian’s home is contrary to the child’s welfare, and any of a number of circumstances exist.</html:p>
<html:p>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.</html:p>
<html:p>Under existing law, the appointment of a temporary probate guardian or delay attributable to a child welfare investigation does not preclude the juvenile court from ordering the social worker to commence dependency proceedings or from hearing and determining a petition.</html:p>
<html:p>This bill would, in a case in which the child was previously appointed a temporary guardian by a probate court and the child was referred by the probate court to a child welfare agency pursuant to the above-described provisions, authorize the juvenile court to, upon a motion, issue an order terminating or suspending the temporary guardianship if the juvenile court finds that the order is in the best interest of the child, the order is either necessary to avoid conflicting court orders or necessary to order a temporary placement of the child, and the temporary guardian consents to the order.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_64CCB60E-D43C-4CB9-8613-4D858E145A2B">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 319 of the
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is amended to read:
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<ns0:Num>319.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
At the initial petition hearing, the court shall review the report described in subdivision (b) and examine the child’s parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence as the child, the child’s parents or guardians, the child’s Indian custodian, the petitioner, the Indian child’s tribe, or their counsel desires to present. The court may examine the child, as provided in Section 350.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The social worker shall report to the court on the reasons why the child has been removed from the parent’s, guardian’s, or Indian custodian’s physical custody, the need, if any, for continued detention, the available services and the
referral methods to those services that could facilitate the return of the child to the custody of the child’s parents, guardians, or Indian custodian, and whether there are any relatives who are able and willing to take temporary physical custody of the child. The report shall also include information regarding any short-term or long-term harms, or both short-term and long-term harms, to the child that may result from their removal from the custody of their parent, guardian, or Indian custodian, including, but not limited to, the information specified in subparagraph (A) of paragraph (2) of subdivision (c), the placement options, including an assessment of the least disruptive alternatives to returning the child to the custody of their parent, guardian, or Indian custodian, including compliance with the placement preferences set forth in Section 361.31 in the case of an Indian child, and measures
that may be available to alleviate disruption and minimize the harms of removal. If it is known or there is reason to know the child is an Indian child, the report shall also include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent the imminent physical damage or harm to the child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The steps taken to provide notice to the child’s parents, custodians, and tribe about the hearing pursuant to this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the child’s parents and Indian custodians are unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the
appropriate Bureau of Indian Affairs regional director.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The residence and the domicile of the Indian child.
</html:p>
<html:p>
(5)
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If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The tribal affiliation of the child and of the parents or Indian custodians.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A specific and detailed account of the circumstances that caused the Indian child to be taken into temporary custody.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
If the child is believed to reside or be domiciled on a reservation in which the tribe
exercises exclusive jurisdiction over child custody matters, a statement of efforts that have been made and that are being made to contact the tribe and transfer the child to the tribe’s jurisdiction.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
A statement of the efforts that have been taken to assist the parents or Indian custodians so the Indian child may safely be returned to their custody.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The steps taken to consult and collaborate with the tribe and the outcome of that consultation and collaboration.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parent’s or guardian’s home is contrary to
the child’s welfare, and any of the following circumstances exist:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the child’s physical or emotional health may be protected without removing the child from the parent’s or guardian’s physical custody.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The child has left a placement in which the child was placed by the juvenile court.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The court shall determine whether less disruptive alternatives to removal were considered by the agency, such as factors related to the impact of removal on the child, including, but not limited to, the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A description of the relationship between the child and their parents, guardians, or Indian custodians, based on the child’s perspective, and the child’s response to removal and, where developmentally appropriate, their perspective on removal.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The relationship between the child
and any siblings.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The relationship between the child and other members of the household.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Any disruption to the child’s schooling, social relationships, and physical or emotional health that may result from placement out of the home, and in the case of an Indian child, any impact on the child’s connection to their tribe, extended family members, and tribal community.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the court finds that removal is necessary under paragraph (1), the court shall, in a written order or on the record, set forth all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The basis for its findings and the evidence relied on.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Its determination regarding the child’s placement, including whether it complies with the placement preferences set forth in Section 361.31, and less disruptive alternatives.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Include any orders necessary to alleviate any disruption or harm to the child resulting from removal.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Nothing in this paragraph permits a child to be released to a parent, legal guardian, or Indian custodian, or to be placed in an unsafe placement, due solely to the court determining the child was not offered less disruptive alternatives.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the court knows or there is reason to know the child is an Indian child, the court may only detain the Indian child if it also finds that detention is necessary to prevent imminent physical damage
or harm. The court shall state on the record the facts supporting this finding.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the hearing pursuant to this section is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parent’s or guardian’s home is contrary to the child’s welfare at the initial petition hearing or order the release of the child from custody.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the court knows or has reason to know the child is an Indian child, the hearing pursuant to this section may not be continued beyond 30 days unless the court finds all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Restoring the child to the parent, parents, or Indian custodian would subject the child to imminent physical damage or
harm.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The court is unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
It is not possible to initiate an Indian child custody proceeding as defined in Section 224.1.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The court shall also make a determination on the record, referencing the social worker’s report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from their home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be considered for purposes of making this determination are case management, counseling, emergency
shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3 of, Chapter 1 (commencing with Section 17000) of Part 5 of, and Chapter 10 (commencing with Section 18900) of Part 6 of, Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention. This determination shall apply to each child individually, and the considerations shall be tailored to the individual
child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the court knows or has reason to know the child is an Indian child, the court shall also determine whether the county welfare department made active efforts to provide remedial services and rehabilitation programs designed to prevent the breakup of the Indian family. The court shall order the county welfare department to initiate or continue services or programs pending disposition pursuant to Section 358.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the child can be returned to the custody of their parent, guardian, or Indian custodian through the provision of those services, the court shall place the child with their parent, guardian, or Indian custodian and order that the services shall be provided. If the child cannot be returned to the physical custody of their parent or guardian, the court shall
determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to Section 361.4.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of their parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of their parent would pose a substantial danger or would not pose a
substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If a court orders a child detained, the court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social worker’s report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the child’s welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and their family, if appropriate.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The home of a relative, or a nonrelative extended family member, as defined in Section 362.7, or, in the case of an Indian child, an extended family member, as defined in paragraph (1) of subdivision (c) of Section 224.1, that has been assessed pursuant to Section 361.4.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The approved home of a resource family, as described in Section 16519.5, or a home licensed or approved by the Indian child’s tribe.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
An emergency shelter or other suitable licensed place.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A place exempt from licensure designated by the juvenile court.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the court knows or has reason to know that the child is an Indian child, the Indian child shall be detained in a home that complies with the placement preferences set forth in Section 361.31 and in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), unless the court finds good cause exists pursuant to Section 361.31 not to follow the placement preferences. If the court finds good cause not to follow the placement preferences for detention, this finding does not
affect the requirement that a diligent search be made for a subsequent placement within the placement preferences.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Relatives shall be given preferential consideration for placement of the child. As used in this section, “relative” means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand,” or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
When placing in the home of a relative, nonrelative extended family member, or, in the case of an Indian child, an extended family member, as defined in paragraph (1) of subdivision (c) of Section
224.1, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative, extended family member, or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, before ordering that the child be placed with a relative or nonrelative extended family member. The court may authorize the placement of a child on a temporary basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment
pursuant to Section 361.3 of any relative to be considered for continuing placement.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
In the case of an Indian child, any order detaining the child pursuant to this section shall be considered an emergency removal under subdivision (g) of Section 305.5. The emergency proceeding shall terminate if the child is returned to the custody of the parent, parents, or Indian custodian, the child has been transferred to the custody and jurisdiction of the child’s tribe, or the agency or another party to the proceeding recommends that the child be removed from the physical custody of their parent or parents or Indian custodian pursuant to Section 361 or 361.2.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the
California Rules of Court or anytime thereafter up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The child’s educational and developmental services needs cannot be met without the temporary appointment of a responsible adult.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the court limits the parent’s educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the child’s educational representative before appointing an educational representative or surrogate who is not known to the child.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of
the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the court’s decision shall be consistent with the child’s individual program plan and pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services
decisions for the child.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of disposition orders, additional needed limitation on the parent’s or guardian’s educational or developmental services rights shall be addressed pursuant to Section 361.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures, as required by
state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If the court appoints a developmental services decisionmaker pursuant to this section, the developmental services decisionmaker shall have the authority to access the child’s information and records pursuant to subdivision (u) of Section 4514 and paragraph (23) of subdivision (a) of Section 5328, and to act on the child’s behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
For a
placement made on or after October 1, 2021, each temporary placement of the child pursuant to subdivision (h) in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
For a placement made on or after July 1, 2022, each temporary placement of the child pursuant to subdivision (h) in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In a case in which the child was previously appointed a temporary guardian by a probate court and the child was referred by the probate court to a child welfare agency pursuant to subdivision (b) of Section 1513 of the Probate Code, the juvenile court may, upon the written or oral motion of any party in the case or on the juvenile court’s own motion, issue an order to terminate or suspend the temporary guardianship to the extent necessary to allow the juvenile court to exercise its authority under this code, if the court makes all of the following findings on the record:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The order is in the best
interest of the child.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The order is either necessary to avoid conflicting court orders or necessary to order a temporary placement of the child pursuant to subdivision (h).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The temporary guardian consents to the order.
</html:p>
<html:p>
(2)
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This subdivision does not create a new entitlement to any benefit, service, or payment, and does not change eligibility standards under existing law.
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<ns0:Num>SEC. 2.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'331.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 331 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>331.</ns0:Num>
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<html:p>
(a)
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If a person has applied to the social worker, pursuant to Section 329, to commence juvenile court proceedings and the social worker does not file a petition within three weeks after the application, the person may, within one month after making the application, apply to the juvenile court to review the decision of the social worker, and the court may either affirm the decision of the social worker or, if it finds that the child is, prima facie, described by Section 300, order the social worker to commence juvenile court proceedings.
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(b)
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(1)
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If the probate court
has referred a matter to the child welfare agency pursuant to Section 1513 of the Probate Code, and the agency does not file a petition to commence juvenile court proceedings within three weeks of the referral, the probate court or counsel appointed by the probate court pursuant to Section 1470 of the Probate Code to represent the child may, within one month after the referral, request that the juvenile court review the decision of the social worker not to file a petition. The request shall contain the probate court referral made pursuant to subdivision (b) of Section 1513 of the Probate Code and the social worker’s report, if available to the court, and need not contain any additional information. The juvenile court may either affirm the decision of the social worker or, if it finds that the child is, prima facie, described by Section 300, order the social worker to commence juvenile court
proceedings.
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<html:p>
(2)
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Either the appointment of a temporary probate guardian or any delay attributable to the child welfare investigation shall not preclude the juvenile court from ordering the social worker to commence dependency proceedings or from hearing and
determining a petition alleging that the child is described by Section 300. When applicable, the juvenile court may issue an order terminating or suspending the temporary probate guardianship pursuant to Section 319.
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(3)
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The juvenile court shall, within five days of completing
its review, transmit its decision, in writing, to the probate court. The probate court shall file the decision in question in the guardianship proceeding and shall make it available only to persons entitled to receive reports pursuant to subdivision (d) of Section 1513 of the Probate Code.
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