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AB 2304

Social workers.

2025-2026 Regular Session Introduced by Tom Lackey and 1 co-sponsor

AB 2304 clarifies that county social workers are not officers for certain crimes and expands their authority to authorize emergency and necessary medical care for minors in protect

Referred to Coms. on HUMAN S. and PUB. S.
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Bill Summary · AB 2304

Summary of AB 2304 (2025-2026 Regular Session) – Social workers

Overview
- Jurisdiction: California
- Bill Number: AB 2304
- Introduced by: Assembly Member Lackey (Coauthor: Assembly Member Nguyen)
- Status: Amended and read second time as of April 16, 2026; consideration in committees noted in action history
- Topic: Clarifies conduct and expands care-authority provisions related to social workers, specifically those employed by county child welfare departments, and emergency/ward of the court scenarios involving minors.

Purpose and intent
- To clarify and expand the duties and authorities of social workers within county child welfare departments.
- To ensure appropriate, court-aligned handling of emergency medical care and protective decisions for minors adjudicated as dependents or wards of the juvenile court.
- To address potential penalties by clarifying that county social workers are not “officers” for the purposes of certain criminal statutes.

Key provisions and changes
1. Clarification of status for punishment purposes
- Section 6201 (Government Code) is amended to specify that a social worker employed by a county, county child welfare department, who commits acts described in Section 6200 (regarding theft, removal, destruction, alteration, etc. of records) is punishable under the general penalties applicable to non-officers:
- Imprisonment in a county jail for up to 1 year, or
- A fine up to $1,000, or
- Both
- This clarifies that such social workers are not “officers” for the purposes of that statute.

  1. Authority to authorize emergency or needed care for minors

    • Section 369 of the Welfare and Institutions Code is amended to:
      • (a) Allow a social worker, upon the attending physician’s recommendation (or attending dentist’s recommendation for dental care), to authorize medical, surgical, dental, or other remedial care for a child taken into temporary custody.
      • (a)(2) Require the social worker to notify the parent/guardian in advance; if the parent objects, care can be provided only by court order.
      • (b) Permit the juvenile court to authorize necessary care when there is no capable parent/guardian willing to authorize.
      • (c) If a dependent child is placed with a county social worker and there is no capable parent/guardian, the court may authorize the social worker to provide necessary care.
      • (d) In emergency situations, the social worker must secure care without a court order, but must make reasonable efforts to notify/obtain consent if possible. Defines “emergency situation” as immediate treatment needed to alleviate pain or prevent serious disability/death. (e) Court may order release of care-related information to the social worker or other qualified entities when care is ordered.
      • (f) Special provisions for minors age 16+ to consent to certain opioid use disorder treatments (buprenorphine, medications from narcotic treatment programs) without parental consent or a court order, to the extent allowed by federal law. (g)-(i) Preserve other parental rights and provide additional patient-rights provisions, including education on health services and access facilitation by social workers.

  2. Reimbursement and mandates

    • The act includes a provision that, if the California Commission on State Mandates determines it contains state-mandated costs, reimbursement to local agencies and school districts will proceed under the state mandate reimbursement framework.

Who is affected
- Social workers employed by county child welfare departments (statewide)
- Minors who are dependents or wards of the juvenile court
- Parents/guardians or persons standing in loco parentis for dependent minors
- Local counties and their child welfare departments (potential funding/reimbursement implications)

Procedural/timeline aspects
- The bill has progressed through committee referrals and amendments, with legislative history noting:
- February 19, 2026: Introduced
- Various committee actions in 2026 (HUM/S, PUB. S., etc.)
- April 16, 2026: Read second time and amended; amended version moving toward consent calendar
- Effective dates are not explicitly stated in the summary text provided; typically, amendments would become operative on a specified date or upon enactment, subject to standard state-law transition.

Fiscal considerations
- Potential state-mandated local program costs, with reimbursement to be determined under established state mandate reimbursement statutes.

Bottom line
- AB 2304 tightens the legal framing around the role and duties of county social workers, clarifying that they are not “officers” for certain record-handling crimes, and expanding their authority to secure emergency and necessary medical/dental care for minors in protective custody or custody of the juvenile court, while preserving parental rights and court oversight where feasible. It also introduces age-appropriate consent provisions related to opioid use disorder treatment for older dependent youths and outlines reimbursement mechanisms if costs are mandated at the state level.

Compiled from official sources — confirm details with the bill’s official record.

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