AB 2005: Juveniles: out-of-state placement.

Existing law establishes the jurisdiction of the juvenile court, under which the juvenile court may adjudge a person who is under 18 years of age when he or she violates any law or ordinance to be a ward of the court, as specified. Existing law authorizes the court to make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the minor who is adjudged a ward of the court. In the discretion of the court, existing law authorizes the court to order a ward to be on probation without the supervision of the probation officer. In all other cases, existing law requires the court to order the care, custody, and control of the minor to be under the supervision of a probation officer who is required to determine the appropriate placement for the ward, and authorizes the probation agency to place the minor in specified treatment settings, including the approved home of a relative or nonrelative, a foster home, or a suitable licensed community care facility. As an alternative to these types of treatments, existing law authorizes the court to commit the minor to a juvenile home, ranch, camp, or forestry camp.

The bill would clarify that these provisions shall not be construed to authorize the court to commit the minor to a juvenile home, ranch, camp, or forestry camp outside of the state.

Existing law prohibits the court from ordering the placement of a minor who is adjudged a ward of the court in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds that specified conditions are met, including that in-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor.

The bill would instead authorize the court to order the placement of a minor who is adjudged a ward of the court in a private residential facility or program that provides 24-hour supervision outside of the state if the court finds by clear and convincing evidence that, among other things, the case plan developed for the minor demonstrates that the out-of-state placement is the most appropriate and is in the best interests of the minor and that in-state facilities or programs have been considered and are unavailable or inadequate to meet the needs and best interests of the minor. The bill would make conforming changes.

This bill would incorporate additional changes in Sections 727.1 and 727.4 of the Welfare and Institutions Code proposed by AB 1997, that would become operative only if AB 1997 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.