AB 2005: Juveniles: out-of-state placement.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-08-25
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.
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.
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.
This bill would prohibit the court from ordering the commitment or placement of a minor to a juvenile home, ranch, camp, or forestry camp outside of the state unless the court makes specified determinations, including that the commitment or placement is necessary to protect the health or safety of the minor and that there is not an equivalent setting available in this state.
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.
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.
This bill would prohibit the court from ordering the commitment or placement of a minor to a juvenile home, ranch, camp, or forestry camp outside of the state unless the court makes specified determinations, including that the commitment or placement is necessary to protect the health or safety of the minor and that there is not an equivalent setting available in this state.
Existing law provides that the purpose of the juvenile court law is to provide for the protection and safety of the public and of minors under the jurisdiction of the juvenile court. Existing law requires that minors under the jurisdiction of the juvenile court receive the care, treatment, and guidance consistent with their best interests.
This bill would make technical, nonsubstantive changes to a related provision.
Existing law provides that the purpose of the juvenile court law is to provide for the protection and safety of the public and of minors under the jurisdiction of the juvenile court. Existing law requires that minors under the jurisdiction of the juvenile court receive the care, treatment, and guidance consistent with their best interests.
This bill would make technical, nonsubstantive changes to a related provision.
(a)If the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the decision regarding choice of placement, pursuant to Section 706.6, shall be based upon selection of a safe setting that is the least restrictive or most family like, and the most appropriate setting that meets the individual needs of the minor and is available, in proximity to the parents home, consistent with the selection of the environment best suited to meet the minors special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment pursuant to Section 7950 of the Family Code.
(b)Unless otherwise authorized by law, the court shall not order the placement of a minor who is adjudged a ward of the court on the basis that he or she is a person described by either Section 601 or 602 in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds by clear and convincing evidence, in its order of placement, that all of the following conditions are met:
(1)The case plan for the minor, developed in strict accordance with Section 706.6, 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.
(2)The State Department of Social Services or its designee has performed initial and continuing inspection of the out-of-state residential facility or program and has either certified that the facility or program meets the greater of all licensure standards required of group homes or of short-term residential treatment centers operated in California, or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety, pursuant to subdivision (c) of Section 7911.1 of the Family Code.
(3)The requirements of Section 7911.1 of the Family Code are met.
(c)If, upon inspection, the probation officer of the county in which the minor is adjudged a ward of the court determines that the out-of-state facility or program is not in compliance with the standards required under paragraph (2) of subdivision (b) or has an adverse impact on the health and safety of the minor, the probation officer may temporarily remove the minor from the facility or program. The probation officer shall promptly inform the court of the minors removal, and shall return the minor to the court for a hearing to review the suitability of continued out-of-state placement. The probation officer shall, within one business day of removing the minor, notify the State Department of Social Services Compact Administrator, and, within five working days, submit a written report of the findings and actions taken.
(d)The court shall review each of these placements for compliance with the requirements of subdivision (b) at least once every six months.
(e)The county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home or short-term residential treatment center, unless the conditions of subdivisions (b) and (d) are met.
SEC. 1.5.Section 727.1 of the Welfare and Institutions Code is amended to read:727.1.(a)If the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the decision regarding choice of placement, pursuant to Section 706.6, shall be based upon selection of a safe setting that is the least restrictive or most family like, and the most appropriate setting that meets the individual needs of the minor and is available, in proximity to the parents home, consistent with the selection of the environment best suited to meet the minors special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment pursuant to Section 7950 of the Family Code.
(b)Unless otherwise authorized by law, the court shall not order the placement of a minor who is adjudged a ward of the court on the basis that he or she is a person described by either Section 601 or 602 in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds by clear and convincing evidence, in its order of placement, that all of the following conditions are met:
(1)The case plan for the minor, developed in strict accordance with Section 706.6, 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.
(2)The State Department of Social Services or its designee has performed initial and continuing inspection of the out-of-state residential facility or program and has either certified that the facility or program meets the greater of all licensure standards required of group homes or of short-term residential therapeutic programs operated in California, or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety, pursuant to subdivision (c) of Section 7911.1 of the Family Code.
(3)The requirements of Section 7911.1 of the Family Code are met.
(c)If, upon inspection, the probation officer of the county in which the minor is adjudged a ward of the court determines that the out-of-state facility or program is not in compliance with the standards required under paragraph (2) of subdivision (b) or has an adverse impact on the health and safety of the minor, the probation officer may temporarily remove the minor from the facility or program. The probation officer shall promptly inform the court of the minors removal, and shall return the minor to the court for a hearing to review the suitability of continued out-of-state placement. The probation officer shall, within one business day of removing the minor, notify the State Department of Social Services Compact Administrator, and, within five working days, submit a written report of the findings and actions taken.
(d)The court shall review each of these placements for compliance with the requirements of subdivision (b) at least once every six months.
(e)The county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home or short-term residential therapeutic program, unless the conditions of subdivisions (b) and (d) are met.
SEC. 2.Section 727.4 of the Welfare and Institutions Code is amended to read:727.4.(a)(1)Notice of any hearing pursuant to Section 727, 727.1, 727.2, or 727.3 shall be mailed by the probation officer to the minor, the minors parent or guardian, any adult provider of care to the minor including, but not limited to, foster parents, relative caregivers, preadoptive parents, community care facility, or foster family agency, and to the counsel of record if the counsel of record was not present at the time that the hearing was set by the court, by first-class mail addressed to the last known address of the person to be notified, or shall be personally served on those persons, not earlier than 30 days nor later than 15 days preceding the date of the hearing. The notice shall contain a statement regarding the nature of the status review or permanency planning hearing and any change in the custody or status of the minor being recommended by the probation department. The notice shall also include a statement informing the foster parents, relative caregivers, or preadoptive parents that he or she may attend all hearings or may submit any information he or she deems relevant to the court in writing. The foster parents, relative caregiver, and preadoptive parents are entitled to notice and opportunity to be heard but need not be made parties to the proceedings. Proof of notice shall be filed with the court.
(2)If the court or probation officer knows or has reason to know that the minor is or may be an Indian child, any notice sent under this section shall comply with the requirements of Section 224.2.
(b)At least 10 calendar days prior to each status review and permanency planning hearing, after the hearing during which the court orders that the care, custody and control of the minor to be under the supervision of the probation officer for placement pursuant to subdivision (a) of Section 727, the probation officer shall file a social study report with the court, pursuant to the requirements listed in Section 706.5.
(c)The probation department shall inform the minor, the minors parent or guardian, and all counsel of record that a copy of the social study prepared for the hearing will be available 10 days prior to the hearing and may be obtained from the probation officer.
(d)As used in Article 15 (commencing with Section 625) to Article 18 (commencing with Section 725), inclusive:
(1)Foster care means residential care provided in any of the settings described in Section 11402.
(2)At risk of entering foster care means that conditions within a minors family may necessitate his or her entry into foster care unless those conditions are resolved.
(3)Preadoptive parent means a licensed foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a licensed adoption agency.
(4)Date of entry into foster care means the date that is 60 days after the date on which the minor was removed from his or her home, unless one of the exceptions below applies:
(A)If the minor is detained pending foster care placement, and remains detained for more than 60 days, then the date of entry into foster care means the date the court adjudges the minor a ward and orders the minor placed in foster care under the supervision of the probation officer.
(B)If, before the minor is placed in foster care, the minor is committed to a ranch, camp, school, or other institution pending placement, and remains in that facility for more than 60 days, then the date of entry into foster care is the date the minor is physically placed in foster care.
(C)If at the time the wardship petition was filed, the minor was a dependent of the juvenile court and in out-of-home placement, then the date of entry into foster care is the earlier of the date the juvenile court made a finding of abuse or neglect, or 60 days after the date on which the child was removed from his or her home.
(5)Reasonable efforts means:
(A)Efforts made to prevent or eliminate the need for removing the minor from the minors home.
(B)Efforts to make it possible for the minor to return home, including, but not limited to, case management, counseling, parenting training, mentoring programs, vocational training, educational services, substance abuse treatment, transportation, and therapeutic day services.
(C)Efforts to complete whatever steps are necessary to finalize a permanent plan for the minor.
(D)In child custody proceedings involving an Indian child, reasonable efforts shall also include active efforts as defined in Section 361.7.
(6)Relative means an adult who is related to the minor 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, grand, or the spouse of any of these persons even if the marriage was terminated by death or dissolution. Relative shall also include an extended family member as defined in the federal Indian Child Welfare Act (25 U.S.C. Sec. 1903(2)).
(7)Hearing means a noticed proceeding with findings and orders that are made on a case-by-case basis, heard by either of the following:
(A)A judicial officer, in a courtroom, recorded by a court reporter.
(B)An administrative panel, provided that the hearing is a status review hearing and that the administrative panel meets the following conditions:
(i)The administrative review shall be open to participation by the minor and parents or legal guardians and all those persons entitled to notice under subdivision (a).
(ii)The minor and his or her parents or legal guardians receive proper notice as required in subdivision (a).
(iii)The administrative review panel is composed of persons appointed by the presiding judge of the juvenile court, the membership of which shall include at least one person who is not responsible for the case management of, or delivery of services to, the minor or the parents who are the subjects of the review.
(iv)The findings of the administrative review panel shall be submitted to the juvenile court for the courts approval and shall become part of the official court record.
SEC. 2.5.Section 727.4 of the Welfare and Institutions Code is amended to read:727.4.(a)(1)Notice of any hearing pursuant to Section 727, 727.1, 727.2, or 727.3 shall be mailed by the probation officer to the minor, the minors parent or guardian, any adult provider of care to the minor including, but not limited to, foster parents, relative caregivers, preadoptive parents, resource family, community care facility, or foster family agency, and to the counsel of record if the counsel of record was not present at the time that the hearing was set by the court, by first-class mail addressed to the last known address of the person to be notified, or shall be personally served on those persons, not earlier than 30 days nor later than 15 days preceding the date of the hearing. The notice shall contain a statement regarding the nature of the status review or permanency planning hearing and any change in the custody or status of the minor being recommended by the probation department. The notice shall also include a statement informing the foster parents, relative caregivers, or preadoptive parents that he or she may attend all hearings or may submit any information he or she deems relevant to the court in writing. The foster parents, relative caregiver, and preadoptive parents are entitled to notice and opportunity to be heard but need not be made parties to the proceedings. Proof of notice shall be filed with the court.
(2)If the court or probation officer knows or has reason to know that the minor is or may be an Indian child, any notice sent under this section shall comply with the requirements of Section 224.2.
(b)At least 10 calendar days prior to each status review and permanency planning hearing, after the hearing during which the court orders that the care, custody, and control of the minor to be under the supervision of the probation officer for placement pursuant to subdivision (a) of Section 727, the probation officer shall file a social study report with the court, pursuant to the requirements listed in Section 706.5.
(c)The probation department shall inform the minor, the minors parent or guardian, and all counsel of record that a copy of the social study prepared for the hearing will be available 10 days prior to the hearing and may be obtained from the probation officer.
(d)As used in Article 15 (commencing with Section 625) to Article 18 (commencing with Section 725), inclusive:
(1)Foster care means residential care provided in any of the settings described in Section 11402 or 11402.01.
(2)At risk of entering foster care means that conditions within a minors family may necessitate his or her entry into foster care unless those conditions are resolved.
(3)Preadoptive parent means a licensed foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a licensed adoption agency.
(4)Date of entry into foster care means the date that is 60 days after the date on which the minor was removed from his or her home, unless one of the exceptions below applies:
(A)If the minor is detained pending foster care placement, and remains detained for more than 60 days, then the date of entry into foster care means the date the court adjudges the minor a ward and orders the minor placed in foster care under the supervision of the probation officer.
(B)If, before the minor is placed in foster care, the minor is committed to a ranch, camp, school, or other institution pending placement, and remains in that facility for more than 60 days, then the date of entry into foster care is the date the minor is physically placed in foster care.
(C)If at the time the wardship petition was filed, the minor was a dependent of the juvenile court and in out-of-home placement, then the date of entry into foster care is the earlier of the date the juvenile court made a finding of abuse or neglect, or 60 days after the date on which the child was removed from his or her home.
(5)Reasonable efforts means:
(A)Efforts made to prevent or eliminate the need for removing the minor from the minors home.
(B)Efforts to make it possible for the minor to return home, including, but not limited to, case management, counseling, parenting training, mentoring programs, vocational training, educational services, substance abuse treatment, transportation, and therapeutic day services.
(C)Efforts to complete whatever steps are necessary to finalize a permanent plan for the minor.
(D)In child custody proceedings involving an Indian child, reasonable efforts shall also include active efforts as defined in Section 361.7.
(6)Relative means an adult who is related to the minor 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, grand, or the spouse of any of these persons even if the marriage was terminated by death or dissolution. Relative shall also include an extended family member as defined in the federal Indian Child Welfare Act (25 U.S.C. Sec. 1903(2)).
(7)Hearing means a noticed proceeding with findings and orders that are made on a case-by-case basis, heard by either of the following:
(A)A judicial officer, in a courtroom, recorded by a court reporter.
(B)An administrative panel, provided that the hearing is a status review hearing and that the administrative panel meets the following conditions:
(i)The administrative review shall be open to participation by the minor and parents or legal guardians and all those persons entitled to notice under subdivision (a).
(ii)The minor and his or her parents or legal guardians receive proper notice as required in subdivision (a).
(iii)The administrative review panel is composed of persons appointed by the presiding judge of the juvenile court, the membership of which shall include at least one person who is not responsible for the case management of, or delivery of services to, the minor or the parents who are the subjects of the review.
(iv)The findings of the administrative review panel shall be submitted to the juvenile court for the courts approval and shall become part of the official court record.
SEC. 3.Section 730 of the Welfare and Institutions Code is amended to read:730.(a)If a minor is adjudged a ward of the court on the ground that he or she is a person described by Section 602, the court may order any of the types of treatment referred to in Section 727, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall. This subdivision shall not be construed to authorize a court to commit a minor to a juvenile home, ranch, camp, or forestry camp located outside of the state.
(b)If a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, the court may make any and all reasonable orders for the conduct of the ward, including the requirement that the ward go to work and earn money for the support of his or her dependents or to effect reparation and in either case that the ward keep an account of his or her earnings and report the same to the probation officer and apply these earnings as directed by the court. The court may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
(c)If a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, and is required as a condition of probation to participate in community service or graffiti cleanup, the court may impose a condition that if the minor unreasonably fails to attend or unreasonably leaves prior to completing the assigned daily hours of community service or graffiti cleanup, a law enforcement officer may take the minor into custody for the purpose of returning the minor to the site of the community service or graffiti cleanup.
(d)If a minor is adjudged or continued as a ward of the court on the ground that he or she is a person described by Section 602 by reason of the commission of rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code, the court shall order the minor to complete a sex offender treatment program, if the court determines, in consultation with the county probation officer, that suitable programs are available. In determining what type of treatment is appropriate, the court shall consider all of the following: the seriousness and circumstances of the offense, the vulnerability of the victim, the minors criminal history and prior attempts at rehabilitation, the sophistication of the minor, the threat to public safety, the minors likelihood of reoffending, and any other relevant information presented. If ordered by the court to complete a sex offender treatment program, the minor shall pay all or a portion of the reasonable costs of the sex offender treatment program after a determination is made of the ability of the minor to pay.
SEC. 4.(a)Section 1.5 of this bill incorporates amendments to Section 727.1 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 1997. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 727.1 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 1997, in which case Section 1 of this bill shall not become operative.
(b)Section 2.5 of this bill incorporates amendments to Section 727.4 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 1997. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 727.4 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 1997, in which case Section 2 of this bill shall not become operative.
(a)If the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the decision regarding choice of placement, pursuant to Section 706.6, shall be based upon selection of a safe setting that is the least restrictive or most family like, and the most appropriate setting that meets the individual needs of the minor and is available, in proximity to the parents home, consistent with the selection of the environment best suited to meet the minors special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment pursuant to Section 7950 of the Family Code.
(b)Unless otherwise authorized by law, the court shall not order the placement of a minor who is adjudged a ward of the court on the basis that he or she is a person described by either Section 601 or 602 in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds by clear and convincing evidence, in its order of placement, that all of the following conditions are met:
(1)The case plan for the minor, developed in strict accordance with Section 706.6, 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.
(2)The State Department of Social Services or its designee has performed initial and continuing inspection of the out-of-state residential facility or program and has either certified that the facility or program meets the greater of all licensure standards required of group homes or of short-term residential treatment centers operated in California, or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety, pursuant to subdivision (c) of Section 7911.1 of the Family Code.
(3)The requirements of Section 7911.1 of the Family Code are met.
(c)If, upon inspection, the probation officer of the county in which the minor is adjudged a ward of the court determines that the out-of-state facility or program is not in compliance with the standards required under paragraph (2) of subdivision (b) or has an adverse impact on the health and safety of the minor, the probation officer may temporarily remove the minor from the facility or program. The probation officer shall promptly inform the court of the minors removal, and shall return the minor to the court for a hearing to review the suitability of continued out-of-state placement. The probation officer shall, within one business day of removing the minor, notify the State Department of Social Services Compact Administrator, and, within five working days, submit a written report of the findings and actions taken.
(d)The court shall review each of these placements for compliance with the requirements of subdivision (b) at least once every six months.
(e)The county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home or short-term residential treatment center, unless the conditions of subdivisions (b) and (d) are met.
SEC. 1.5.Section 727.1 of the Welfare and Institutions Code is amended to read:727.1.(a)When If the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the decision regarding choice of placement, pursuant to Section 706.6, shall be based upon selection of a safe setting that is the least restrictive or most family like, and the most appropriate setting that meets the individual needs of the minor and is available, in proximity to the parents home, consistent with the selection of the environment best suited to meet the minors special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment pursuant to Section 7950 of the Family Code.
(b)Unless otherwise authorized by law, the court may shall not order the placement of a minor who is adjudged a ward of the court on the basis that he or she is a person described by either Section 601 or 602 in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds, finds by clear and convincing evidence, in its order of placement, that all of the following conditions are met:
(1)In-state The case plan for the minor, developed in strict accordance with Section 706.6, 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 determined to be considered and are unavailable or inadequate to meet the needs and best interests of the minor.
(2)The State Department of Social Services or its designee has performed initial and continuing inspection of the out-of-state residential facility or program and has either certified that the facility or program meets the greater of all licensure standards required of group homes or of short-term residential treatment centers therapeutic programs operated in California, or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety, pursuant to subdivision (c) of Section 7911.1 of the Family Code.
(3)The requirements of Section 7911.1 of the Family Code are met.
(c)If, upon inspection, the probation officer of the county in which the minor is adjudged a ward of the court determines that the out-of-state facility or program is not in compliance with the standards required under paragraph (2) of subdivision (b) or has an adverse impact on the health and safety of the minor, the probation officer may temporarily remove the minor from the facility or program. The probation officer shall promptly inform the court of the minors removal, and shall return the minor to the court for a hearing to review the suitability of continued out-of-state placement. The probation officer shall, within one business day of removing the minor, notify the State Department of Social Services Compact Administrator, and, within five working days, submit a written report of the findings and actions taken.
(d)The court shall review each of these placements for compliance with the requirements of subdivision (b) at least once every six months.
(e)The county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home or short-term residential treatment center, therapeutic program, unless the conditions of subdivisions (b) and (d) are met.
SEC. 2.Section 727.4 of the Welfare and Institutions Code is amended to read:727.4.(a)(1)Notice of any hearing pursuant to Section 727, 727.1, 727.2, or 727.3 shall be mailed by the probation officer to the minor, the minors parent or guardian, any adult provider of care to the minor including, but not limited to, foster parents, relative caregivers, preadoptive parents, community care facility, or foster family agency, and to the counsel of record if the counsel of record was not present at the time that the hearing was set by the court, by first-class mail addressed to the last known address of the person to be notified, or shall be personally served on those persons, not earlier than 30 days nor later than 15 days preceding the date of the hearing. The notice shall contain a statement regarding the nature of the status review or permanency planning hearing and any change in the custody or status of the minor being recommended by the probation department. The notice shall also include a statement informing the foster parents, relative caregivers, or preadoptive parents that he or she may attend all hearings or may submit any information he or she deems relevant to the court in writing. The foster parents, relative caregiver, and preadoptive parents are entitled to notice and opportunity to be heard but need not be made parties to the proceedings. Proof of notice shall be filed with the court.
(2)If the court or probation officer knows or has reason to know that the minor is or may be an Indian child, any notice sent under this section shall comply with the requirements of Section 224.2.
(b)At least 10 calendar days prior to each status review and permanency planning hearing, after the hearing during which the court orders that the care, custody and control of the minor to be under the supervision of the probation officer for placement pursuant to subdivision (a) of Section 727, the probation officer shall file a social study report with the court, pursuant to the requirements listed in Section 706.5.
(c)The probation department shall inform the minor, the minors parent or guardian, and all counsel of record that a copy of the social study prepared for the hearing will be available 10 days prior to the hearing and may be obtained from the probation officer.
(d)As used in Article 15 (commencing with Section 625) to Article 18 (commencing with Section 725), inclusive:
(1)Foster care means residential care provided in any of the settings described in Section 11402.
(2)At risk of entering foster care means that conditions within a minors family may necessitate his or her entry into foster care unless those conditions are resolved.
(3)Preadoptive parent means a licensed foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a licensed adoption agency.
(4)Date of entry into foster care means the date that is 60 days after the date on which the minor was removed from his or her home, unless one of the exceptions below applies:
(A)If the minor is detained pending foster care placement, and remains detained for more than 60 days, then the date of entry into foster care means the date the court adjudges the minor a ward and orders the minor placed in foster care under the supervision of the probation officer.
(B)If, before the minor is placed in foster care, the minor is committed to a ranch, camp, school, or other institution pending placement, and remains in that facility for more than 60 days, then the date of entry into foster care is the date the minor is physically placed in foster care.
(C)If at the time the wardship petition was filed, the minor was a dependent of the juvenile court and in out-of-home placement, then the date of entry into foster care is the earlier of the date the juvenile court made a finding of abuse or neglect, or 60 days after the date on which the child was removed from his or her home.
(5)Reasonable efforts means:
(A)Efforts made to prevent or eliminate the need for removing the minor from the minors home.
(B)Efforts to make it possible for the minor to return home, including, but not limited to, case management, counseling, parenting training, mentoring programs, vocational training, educational services, substance abuse treatment, transportation, and therapeutic day services.
(C)Efforts to complete whatever steps are necessary to finalize a permanent plan for the minor.
(D)In child custody proceedings involving an Indian child, reasonable efforts shall also include active efforts as defined in Section 361.7.
(6)Relative means an adult who is related to the minor 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, grand, or the spouse of any of these persons even if the marriage was terminated by death or dissolution. Relative shall also include an extended family member as defined in the federal Indian Child Welfare Act (25 U.S.C. Sec. 1903(2)).
(7)Hearing means a noticed proceeding with findings and orders that are made on a case-by-case basis, heard by either of the following:
(A)A judicial officer, in a courtroom, recorded by a court reporter.
(B)An administrative panel, provided that the hearing is a status review hearing and that the administrative panel meets the following conditions:
(i)The administrative review shall be open to participation by the minor and parents or legal guardians and all those persons entitled to notice under subdivision (a).
(ii)The minor and his or her parents or legal guardians receive proper notice as required in subdivision (a).
(iii)The administrative review panel is composed of persons appointed by the presiding judge of the juvenile court, the membership of which shall include at least one person who is not responsible for the case management of, or delivery of services to, the minor or the parents who are the subjects of the review.
(iv)The findings of the administrative review panel shall be submitted to the juvenile court for the courts approval and shall become part of the official court record.
SEC. 2.5.Section 727.4 of the Welfare and Institutions Code is amended to read:727.4.(a)(1)Notice of any hearing pursuant to Section 727, 727.1, 727.2, or 727.3 shall be mailed by the probation officer to the minor, the minors parent or guardian, any adult provider of care to the minor including, but not limited to, foster parents, relative caregivers, preadoptive parents, resource family, community care facility, or foster family agency, and to the counsel of record if the counsel of record was not present at the time that the hearing was set by the court, by first-class mail addressed to the last known address of the person to be notified, or shall be personally served on those persons, not earlier than 30 days nor later than 15 days preceding the date of the hearing. The notice shall contain a statement regarding the nature of the status review or permanency planning hearing and any change in the custody or status of the minor being recommended by the probation department. The notice shall also include a statement informing the foster parents, relative caregivers, or preadoptive parents that he or she may attend all hearings or may submit any information he or she deems relevant to the court in writing. The foster parents, relative caregiver, and preadoptive parents are entitled to notice and opportunity to be heard but need not be made parties to the proceedings. Proof of notice shall be filed with the court.
(2)If the court or probation officer knows or has reason to know that the minor is or may be an Indian child, any notice sent under this section shall comply with the requirements of Section 224.2.
(b)At least 10 calendar days prior to each status review and permanency planning hearing, after the hearing during which the court orders that the care, custody custody, and control of the minor to be under the supervision of the probation officer for placement pursuant to subdivision (a) of Section 727, the probation officer shall file a social study report with the court, pursuant to the requirements listed in Section 706.5.
(c)The probation department shall inform the minor, the minors parent or guardian, and all counsel of record that a copy of the social study prepared for the hearing will be available 10 days prior to the hearing and may be obtained from the probation officer.
(d)As used in Article 15 (commencing with Section 625) to Article 18 (commencing with Section 725), inclusive:
(1)Foster care means residential care provided in any of the settings described in Section 11402. 11402 or 11402.01.
(2)At risk of entering foster care means that conditions within a minors family may necessitate his or her entry into foster care unless those conditions are resolved.
(3)Preadoptive parent means a licensed foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a licensed adoption agency.
(4)Date of entry into foster care means the date that is 60 days after the date on which the minor was removed from his or her home, unless one of the exceptions below applies:
(A)If the minor is detained pending foster care placement, and remains detained for more than 60 days, then the date of entry into foster care means the date the court adjudges the minor a ward and orders the minor placed in foster care under the supervision of the probation officer.
(B)If, before the minor is placed in foster care, the minor is committed to a ranch, camp, school, or other institution pending placement, and remains in that facility for more than 60 days, then the date of entry into foster care is the date the minor is physically placed in foster care.
(C)If at the time the wardship petition was filed, the minor was a dependent of the juvenile court and in out-of-home placement, then the date of entry into foster care is the earlier of the date the juvenile court made a finding of abuse or neglect, or 60 days after the date on which the child was removed from his or her home.
(5)Reasonable efforts means:
(A)Efforts made to prevent or eliminate the need for removing the minor from the minors home.
(B)Efforts to make it possible for the minor to return home, including, but not limited to, case management, counseling, parenting training, mentoring programs, vocational training, educational services, substance abuse treatment, transportation, and therapeutic day services.
(C)Efforts to complete whatever steps are necessary to finalize a permanent plan for the minor.
(D)In child custody proceedings involving an Indian child, reasonable efforts shall also include active efforts as defined in Section 361.7.
(6)Relative means an adult who is related to the minor 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, grand, or the spouse of any of these persons even if the marriage was terminated by death or dissolution. Relative shall also include an extended family member as defined in the federal Indian Child Welfare Act (25 U.S.C. Sec. 1903(2)).
(7)Hearing means a noticed proceeding with findings and orders that are made on a case-by-case basis, heard by either of the following:
(A)A judicial officer, in a courtroom, recorded by a court reporter.
(B)An administrative panel, provided that the hearing is a status review hearing and that the administrative panel meets the following conditions:
(i)The administrative review shall be open to participation by the minor and parents or legal guardians and all those persons entitled to notice under subdivision (a).
(ii)The minor and his or her parents or legal guardians receive proper notice as required in subdivision (a).
(iii)The administrative review panel is composed of persons appointed by the presiding judge of the juvenile court, the membership of which shall include at least one person who is not responsible for the case management of, or delivery of services to, the minor or the parents who are the subjects of the review.
(iv)The findings of the administrative review panel shall be submitted to the juvenile court for the courts approval and shall become part of the official court record.
SEC. 3.Section 730 of the Welfare and Institutions Code is amended to read:730.(a)If a minor is adjudged a ward of the court on the ground that he or she is a person described by Section 602, the court may order any of the types of treatment referred to in Section 727, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall. This subdivision shall not be construed to authorize a court to commit a minor to a juvenile home, ranch, camp, or forestry camp located outside of the state.
(b)If a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, the court may make any and all reasonable orders for the conduct of the ward, including the requirement that the ward go to work and earn money for the support of his or her dependents or to effect reparation and in either case that the ward keep an account of his or her earnings and report the same to the probation officer and apply these earnings as directed by the court. The court may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
(c)If a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, and is required as a condition of probation to participate in community service or graffiti cleanup, the court may impose a condition that if the minor unreasonably fails to attend or unreasonably leaves prior to completing the assigned daily hours of community service or graffiti cleanup, a law enforcement officer may take the minor into custody for the purpose of returning the minor to the site of the community service or graffiti cleanup.
(d)If a minor is adjudged or continued as a ward of the court on the ground that he or she is a person described by Section 602 by reason of the commission of rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code, the court shall order the minor to complete a sex offender treatment program, if the court determines, in consultation with the county probation officer, that suitable programs are available. In determining what type of treatment is appropriate, the court shall consider all of the following: the seriousness and circumstances of the offense, the vulnerability of the victim, the minors criminal history and prior attempts at rehabilitation, the sophistication of the minor, the threat to public safety, the minors likelihood of reoffending, and any other relevant information presented. If ordered by the court to complete a sex offender treatment program, the minor shall pay all or a portion of the reasonable costs of the sex offender treatment program after a determination is made of the ability of the minor to pay.
SEC. 4.(a)Section 1.5 of this bill incorporates amendments to Section 727.1 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 1997. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 727.1 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 1997, in which case Section 1 of this bill shall not become operative.
(b)Section 2.5 of this bill incorporates amendments to Section 727.4 of the Welfare and Institutions Code proposed by both this bill and Assembly Bill 1997. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 727.4 of the Welfare and Institutions Code, and (3) this bill is enacted after Assembly Bill 1997, in which case Section 2 of this bill shall not become operative.
(a)When If the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (a) of Section 727, the decision regarding choice of placement, pursuant to Section 706.6, shall be based upon selection of a safe setting that is the least restrictive or most family like, and the most appropriate setting that meets the individual needs of the minor and is available, in proximity to the parents home, consistent with the selection of the environment best suited to meet the minors special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment pursuant to Section 7950 of the Family Code.
(b)Unless otherwise authorized by law, the court may shall not order the placement of a minor who is adjudged a ward of the court on the basis that he or she is a person described by either Section 601 or 602 in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds, finds by clear and convincing evidence, in its order of placement, that all of the following conditions are met:
(1)In-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor.
(1)The case plan for the minor, developed in strict accordance with Section 706.6, 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.
(2)The State Department of Social Services or its designee has performed initial and continuing inspection of the out-of-state residential facility or program and has either certified that the facility or program meets the greater of all licensure standards required of group homes or of short-term residential treatment centers operated in California, or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety, pursuant to subdivision (c) of Section 7911.1 of the Family Code.
(3)The requirements of Section 7911.1 of the Family Code are met.
(c)If, upon inspection, the probation officer of the county in which the minor is adjudged a ward of the court determines that the out-of-state facility or program is not in compliance with the standards required under paragraph (2) of subdivision (b) or has an adverse impact on the health and safety of the minor, the probation officer may temporarily remove the minor from the facility or program. The probation officer shall promptly inform the court of the minors removal, and shall return the minor to the court for a hearing to review the suitability of continued out-of-state placement. The probation officer shall, within one business day of removing the minor, notify the State Department of Social Services Compact Administrator, and, within five working days, submit a written report of the findings and actions taken.
(d)The court shall review each of these placements for compliance with the requirements of subdivision (b) at least once every six months.
(e)The county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home or short-term residential treatment center, unless the conditions of subdivisions (b) and (d) are met.
SEC. 2.Section 727.4 of the Welfare and Institutions Code is amended to read:727.4.(a)(1)Notice of any hearing pursuant to Section 727, 727.1, 727.2, or 727.3 shall be mailed by the probation officer to the minor, the minors parent or guardian, any adult provider of care to the minor including, but not limited to, foster parents, relative caregivers, preadoptive parents, community care facility, or foster family agency, and to the counsel of record if the counsel of record was not present at the time that the hearing was set by the court, by first-class mail addressed to the last known address of the person to be notified, or shall be personally served on those persons, not earlier than 30 days nor later than 15 days preceding the date of the hearing. The notice shall contain a statement regarding the nature of the status review or permanency planning hearing and any change in the custody or status of the minor being recommended by the probation department. The notice shall also include a statement informing the foster parents, relative caregivers, or preadoptive parents that he or she may attend all hearings or may submit any information he or she deems relevant to the court in writing. The foster parents, relative caregiver, and preadoptive parents are entitled to notice and opportunity to be heard but need not be made parties to the proceedings. Proof of notice shall be filed with the court.
(2)If the court or probation officer knows or has reason to know that the minor is or may be an Indian child, any notice sent under this section shall comply with the requirements of Section 224.2.
(b)At least 10 calendar days prior to each status review and permanency planning hearing, after the hearing during which the court orders that the care, custody and control of the minor to be under the supervision of the probation officer for placement pursuant to subdivision (a) of Section 727, the probation officer shall file a social study report with the court, pursuant to the requirements listed in Section 706.5.
(c)The probation department shall inform the minor, the minors parent or guardian, and all counsel of record that a copy of the social study prepared for the hearing will be available 10 days prior to the hearing and may be obtained from the probation officer.
(d)As used in Article 15 (commencing with Section 625) to Article 18 (commencing with Section 725), inclusive:
(1)Foster care means residential care provided in any of the settings described in Section 11402.
(2)At risk of entering foster care means that conditions within a minors family may necessitate his or her entry into foster care unless those conditions are resolved.
(3)Preadoptive parent means a licensed foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a licensed adoption agency.
(4)Date of entry into foster care means the date that is 60 days after the date on which the minor was removed from his or her home, unless one of the exceptions below applies:
(A)If the minor is detained pending foster care placement, and remains detained for more than 60 days, then the date of entry into foster care means the date the court adjudges the minor a ward and orders the minor placed in foster care under the supervision of the probation officer.
(B)If, before the minor is placed in foster care, the minor is committed to a ranch, camp, school, or other institution pending placement, and remains in that facility for more than 60 days, then the date of entry into foster care is the date the minor is physically placed in foster care.
(C)If at the time the wardship petition was filed, the minor was a dependent of the juvenile court and in out-of-home placement, then the date of entry into foster care is the earlier of the date the juvenile court made a finding of abuse or neglect, or 60 days after the date on which the child was removed from his or her home.
(5)Reasonable efforts means:
(A)Efforts made to prevent or eliminate the need for removing the minor from the minors home.
(B)Efforts to make it possible for the minor to return home, including, but not limited to, case management, counseling, parenting training, mentoring programs, vocational training, educational services, substance abuse treatment, transportation, and therapeutic day services.
(C)Efforts to complete whatever steps are necessary to finalize a permanent plan for the minor.
(D)In child custody proceedings involving an Indian child, reasonable efforts shall also include active efforts as defined in Section 361.7.
(6)Relative means an adult who is related to the minor 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, grand, or the spouse of any of these persons even if the marriage was terminated by death or dissolution. Relative shall also include an extended family member as defined in the federal Indian Child Welfare Act (25 U.S.C. Sec. 1903(2)).
(7)Hearing means a noticed proceeding with findings and orders that are made on a case-by-case basis, heard by either of the following:
(A)A judicial officer, in a courtroom, recorded by a court reporter.
(B)An administrative panel, provided that the hearing is a status review hearing and that the administrative panel meets the following conditions:
(i)The administrative review shall be open to participation by the minor and parents or legal guardians and all those persons entitled to notice under subdivision (a).
(ii)The minor and his or her parents or legal guardians receive proper notice as required in subdivision (a).
(iii)The administrative review panel is composed of persons appointed by the presiding judge of the juvenile court, the membership of which shall include at least one person who is not responsible for the case management of, or delivery of services to, the minor or the parents who are the subjects of the review.
(iv)The findings of the administrative review panel shall be submitted to the juvenile court for the courts approval and shall become part of the official court record.
SECTION 1.SEC. 3.Section 730 of the Welfare and Institutions Code is amended to read:730.(a)If a minor is adjudged a ward of the court on the ground that he or she is a person described by Section 602, the court may order any of the types of treatment referred to in Section 727, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall. This subdivision shall not be construed to authorize a court to commit a minor to a juvenile home, ranch, camp, or forestry camp located outside of the state.
(b)Notwithstanding any other law, if a minor is adjudged a ward of the court on the ground that he or she is a person described by subdivision (a) of Section 602, the court shall not order for the commitment or placement of the minor in a juvenile home, ranch, camp, or forestry camp outside of the state unless the court makes a determination of all of the following:
(1)The commitment or placement is necessary to protect the health, including mental health, or safety of the minor.
(2)The commitment or placement would reduce the minors likelihood of reoffending.
(3)There is not an equivalent juvenile home, ranch, camp, or forestry camp available in the state.
(c)
(b)If a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, the court may make any and all reasonable orders for the conduct of the ward, including the requirement that the ward go to work and earn money for the support of his or her dependents or to effect reparation and in either case that the ward keep an account of his or her earnings and report the same to the probation officer and apply these earnings as directed by the court. The court may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
(d)
(c)If a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, and is required as a condition of probation to participate in community service or graffiti cleanup, the court may impose a condition that if the minor unreasonably fails to attend or unreasonably leaves prior to completing the assigned daily hours of community service or graffiti cleanup, a law enforcement officer may take the minor into custody for the purpose of returning the minor to the site of the community service or graffiti cleanup.
(e)
(d)If a minor is adjudged or continued as a ward of the court on the ground that he or she is a person described by Section 602 by reason of the commission of rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code, the court shall order the minor to complete a sex offender treatment program, if the court determines, in consultation with the county probation officer, that suitable programs are available. In determining what type of treatment is appropriate, the court shall consider all of the following: the seriousness and circumstances of the offense, the vulnerability of the victim, the minors criminal history and prior attempts at rehabilitation, the sophistication of the minor, the threat to public safety, the minors likelihood of reoffending, and any other relevant information presented. If ordered by the court to complete a sex offender treatment program, the minor shall pay all or a portion of the reasonable costs of the sex offender treatment program after a determination is made of the ability of the minor to pay.
(a)When If a minor is adjudged a ward of the court on the ground that he or she is a person described by Section 602, the court may order any of the types of treatment referred to in Section 727, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall.
(b)Notwithstanding any other law, if a minor is adjudged a ward of the court on the ground that he or she is a person described by subdivision (a) of Section 602, the court shall not order for the commitment or placement of the minor in a juvenile home, ranch, camp, or forestry camp outside of the state unless the court makes a determination of all of the following:
(1)The commitment or placement is necessary to protect the health, including mental health, or safety of the minor.
(2)The commitment or placement would reduce the minors likelihood of reoffending.
(3)There is not an equivalent juvenile home, ranch, camp, or forestry camp available in the state.
(b)When
(c)If a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, the court may make any and all reasonable orders for the conduct of the ward ward, including the requirement that the ward go to work and earn money for the support of his or her dependents or to effect reparation and in either case that the ward keep an account of his or her earnings and report the same to the probation officer and apply these earnings as directed by the court. The court may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced.
(c)When
(d)If a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, and is required as a condition of probation to participate in community service or graffiti cleanup, the court may impose a condition that if the minor unreasonably fails to attend or unreasonably leaves prior to completing the assigned daily hours of community service or graffiti cleanup, a law enforcement officer may take the minor into custody for the purpose of returning the minor to the site of the community service or graffiti cleanup.
(d)When
(e)If a minor is adjudged or continued as a ward of the court on the ground that he or she is a person described by Section 602 by reason of the commission of rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code, the court shall order the minor to complete a sex offender treatment program, if the court determines, in consultation with the county probation officer, that suitable programs are available. In determining what type of treatment is appropriate, the court shall consider all of the following: the seriousness and circumstances of the offense, the vulnerability of the victim, the minors criminal history and prior attempts at rehabilitation, the sophistication of the minor, the threat to public safety, the minors likelihood of reoffending, and any other relevant information presented. If ordered by the court to complete a sex offender treatment program, the minor shall pay all or a portion of the reasonable costs of the sex offender treatment program after a determination is made of the ability of the minor to pay.
SECTION 1.Section 201 of the Welfare and Institutions Code is amended to read:201.The provisions of this chapter, insofar as these provisions are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations of those provisions, and not as new enactments.
The provisions of this chapter, insofar as they these provisions are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, of those provisions, and not as new enactments.
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Date
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Status
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|---|---|
| May 19, 2016 | In committee: Hearing postponed by committee. |
| Aug 30, 2016 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 23, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6129.). |
| Aug 23, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 17, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 3.). |
| Aug 17, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 3. Page 5054.). |
| Aug 17, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 17, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 19 pursuant to Assembly Rule 77. |
| Aug 16, 2016 | Read second time. Ordered to third reading. |
| Aug 15, 2016 | Read third time and amended. Ordered to second reading. |
| Jun 15, 2016 | Read second time. Ordered to third reading. |
| Jun 14, 2016 | From committee: Do pass. (Ayes 6. Noes 1.) (June 14). |
| May 31, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. |
| Feb 16, 2016 | Read first time. To print. |
| May 12, 2016 | Referred to Com. on PUB. S. |
| May 5, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 4677.) |
| May 5, 2016 | Read third time. Passed. Ordered to the Senate. |
| May 5, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 28, 2016 | Read second time. Ordered to third reading. |
| Apr 27, 2016 | From committee: Do pass. (Ayes 6. Noes 0.) (April 26). |
| Mar 28, 2016 | Re-referred to Com. on HUM. S. pursuant to Assembly Rule 96. |
| Mar 16, 2016 | Re-referred to Com. on JUD. |
| Mar 15, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. |
| Mar 14, 2016 | Referred to Com. on JUD. |
| Feb 17, 2016 | From printer. May be heard in committee March 18. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 23, 2016 | AB 2005 RIDLEY-THOMAS Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 17, 2016 | Assembly 3rd Reading AB2005 Ridley-Thomas By Leno | Senate Floor |
Passed |
|
| Jun 14, 2016 | Do pass | Senate Standing Committee on Public Safety |
Passed |
|
| May 5, 2016 | AB 2005 RIDLEY-THOMAS Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 26, 2016 | Do pass. | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| A New PATH | ** Support | Apr 26, 2016 |
| ASPIRANET | ** Support | Aug 17, 2016 |
| California Alliance for Youth and Community Justice | ** Support | Aug 17, 2016 |
| California Catholic Conference | ** Support | Aug 17, 2016 |
| California Correctional Peace Officers Association | ** Support | Aug 17, 2016 |
| Center on Juvenile and Criminal Justice | ** Support | Aug 17, 2016 |
| Chief Probation Officers Of California | ** Against | Aug 17, 2016 |
| Communities United for Restorative Youth Justice | ** Support | Aug 17, 2016 |
| Ella Baker Center For Human Rights | ** Support | Aug 17, 2016 |
| Fair Chance Project | ** Support | Aug 17, 2016 |
| Fair Change Project | ** Support | Apr 26, 2016 |
| Hernandez Strategy Group | * Support | Jun 14, 2016 |
| Legal Services for Prisoners with Children | ** Support | Aug 17, 2016 |
| San Francisco Lawyers Committee for Civil Rights | * Support | Apr 26, 2016 |
| Youth Law Center | ** Support | Aug 17, 2016 |
| Youth Law Center in San Francisco | * Support | Jun 14, 2016 |
GOVERNOR'S VETO
GV Bill Id:AB 2005
Author:(Ridley-Thomas)
As Enrolled Ver:August 30, 2016
2/3 vote
ASSEMBLY: | 79-0 | (May 5, 2016) | SENATE: | 36-3 | (August 17, 2016) |
ASSEMBLY: | 80-0 | (August 23, 2016) |
|
|
Original Committee Reference: HUM. S.
SUMMARY: Requires the juvenile court to, among other determinations it must make prior to ordering an out-of-state commitment or placement for a minor adjudged a ward of the court, ensure that the case plan for the minor indicates the appropriateness of such a placement, as specified, and further, clarifies that specified provisions related to the placement of minors in certain settings shall not be construed to authorize courts to commit minors to such placements in out-of-state settings.
The Senate amendments:
- Prohibit the court from ordering the placement of a minor who is adjudged a ward of the court, as specified, in a private residential facility or program that provides 24-hour supervision outside of the state unless the court finds by clear and convincing evidence, among other determinations required in current law, that the case plan for the minor demonstrates that out-of-state placement is the most appropriate and in the best interests of the minor, as specified.
- Clarify that specified provisions related to the placement of minors in juvenile homes, ranches, camps, or forestry camps shall not be construed to authorize the court to commit a minor to such placements outside of the state.
- Remove the previous version of the bill's requirements that the juvenile court, prior to ordering the commitment or placement of a minor adjudged a ward of the court, as specified, in a juvenile home, ranch, camp, or forestry camp outside of the state, first determine all of the following: that such a commitment or placement is necessary to protect the health (including the mental health) and safety of the minor; that such a commitment or placement would reduce the minor's likelihood of reoffending; and that no equivalent juvenile home, ranch, camp, or forestry camp is available in California.
- Make conforming technical changes.
- Make chaptering amendments.
EXISTING LAW:
- States that any person who is under 18 years of age when he or she violates any state or federal law, with the exception of certain violent crimes as specified, or city or county ordinance other than an ordinance establishing an age-based curfew, is within the jurisdiction of the juvenile court, and may be adjudged a ward of the court. (Welfare and Institutions Code Section (WIC) 602)
- Authorizes the court to make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the minor or nonminor, including medical treatment, for a minor or nonminor adjudged a ward of the court, as specified. (WIC 727)
- Authorizes the court, for certain minors adjudged a ward of the court, to commit the minor to a juvenile home, ranch, camp, or forestry camp, and further specifies that if no such setting exists within the county, the court may commit the minor to the county juvenile hall. (WIC 730 (a))
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS:
Wards of the court: A child may become a ward of the court in order to protect, give guidance, and punish him or her for committing delinquent acts, and to protect the community. Two types of petitions may be filed to place a youth under the jurisdiction of the juvenile court: a "601" petition (named for the code section, WIC Section 601, governing jurisdiction over these type of wards) is for "status offenses" – which are deemed offenses based on the young age of the individual, such as running away, skipping school, or regularly disobeying parents; a "602" petition (named for WIC Section 602) states that a child has committed an act that would be considered illegal had an adult committed it (note that, for some felonies, a child may be tried as an adult if 14 years of age or older). If the court finds the petition to be true, then the child becomes a ward of the court.
The court will then make orders for the child. The child may, under certain circumstances, be permitted to live at home or he or she may be placed outside of the home in a setting based on the age of, seriousness of offense committed by, and history of delinquency of the child. In some instances, for youth found to have committed certain crimes, the court is authorized to commit a child to a juvenile home, ranch, camp or forestry camp.
Out-of-state placement of juvenile wards of the court: It is difficult to obtain exact figures on the number of wards of the court who are placed in out-of-state settings. According to a December 2015 article by ProPublica, "… state officials struggle even to keep track of how many children they've sent away. They couldn't provide a total. Using several different sources of state data, ProPublica calculated that county probation departments in 2015 had some 235 children living out of state." This article also pointed to a number of difficulties with these out-of-state placements, including limited oversight by the state of California and concerns with the treatment of youth placed in some of these settings.
Need for this bill: According to the author:
Unlike the adult criminal justice system, the juvenile justice system is primarily focused on rehabilitation rather than punishment. To this end, counties and state juvenile facilities provide significantly more education, treatment, and counseling programs to juvenile offenders as compared to adult offenders.
Taking into account the recommendations of probation department staff, juvenile court judges decide whether to make the offender a ward of the court and, ultimately, determine the appropriate placement and treatment for the juvenile. Placement decisions are based on such factors as the juvenile's offense, prior record, criminal sophistication, and the county's capacity to provide treatment.
Juveniles are typically placed in a county facility for treatment, such as juvenile hall or camp, or supervised at home. Some juveniles are placed in out-of-state facilities. In 2015, approximately 235 juveniles under the jurisdiction of county probation departments were living out-of-state.
Placing juveniles in out-of-state facilities is counter to the state's goal of rehabilitation. To improve outcomes for juveniles affected by the criminal justice system, California must keep them near their family, loved ones, and support networks. According to best practices, allowing people to remain close to their support network while incarcerated helps their transition after release and reduces recidivism. Placing a juvenile in out-of-state facilities should only be used as a last resort.
I am returning Assembly Bill 2005 without my signature.
This bill creates a new evidentiary standard that must be met before a court can accept the recommendation of a probation department to place a juvenile in an out-of-state home or treatment facility.
I agree that out-of-state placements should be a last resort. In fact, the required case plan that probation must present to the court prior to such a placement being ordered must already show that in-state options have been exhausted or are not in the best interest of the child.
Last year I signed the Continuum of Care Reform Initiative into law. These reforms will drastically overhaul our system of housing youth under state care for the better, prioritizing in-home and smaller group placements wherever possible. Let's give this landmark effort some time to work before we pursue additional changes.
Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0005142
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2005
Author:(Ridley-Thomas)
As Amended Ver:August 15, 2016
Majority vote
ASSEMBLY: | 79-0 | (May 5, 2016) | SENATE: | 36-3 | (August 17, 2016) |
Original Committee Reference: HUM. S.
SUMMARY: Requires the juvenile court to, among other determinations it must make prior to ordering an out-of-state commitment or placement for a minor adjudged a ward of the court, ensure that the case plan for the minor indicates the appropriateness of such a placement, as specified, and further, clarifies that specified provisions related to the placement of minors in certain settings shall not be construed to authorize courts to commit minors to such placements in out-of-state settings.
The Senate amendments:
- Prohibit the court from ordering the placement of a minor who is adjudged a ward of the court, as specified, in a private residential facility or program that provides 24-hour supervision outside of the state unless the court finds by clear and convincing evidence, among other determinations required in current law, that the case plan for the minor demonstrates that out-of-state placement is the most appropriate and in the best interests of the minor, as specified.
- Clarify that specified provisions related to the placement of minors in juvenile homes, ranches, camps, or forestry camps shall not be construed to authorize the court to commit a minor to such placements outside of the state.
- Remove the previous version of the bill's requirements that the juvenile court, prior to ordering the commitment or placement of a minor adjudged a ward of the court, as specified, in a juvenile home, ranch, camp, or forestry camp outside of the state, first determine all of the following: that such a commitment or placement is necessary to protect the health (including the mental health) and safety of the minor; that such a commitment or placement would reduce the minor's likelihood of reoffending; and that no equivalent juvenile home, ranch, camp, or forestry camp is available in California.
- Make conforming technical changes.
- Make chaptering amendments.
EXISTING LAW:
- States that any person who is under 18 years of age when he or she violates any state or federal law, with the exception of certain violent crimes as specified, or city or county ordinance other than an ordinance establishing an age-based curfew, is within the jurisdiction of the juvenile court, and may be adjudged a ward of the court.
- Authorizes the court to make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the minor or nonminor, including medical treatment, for a minor or nonminor adjudged a ward of the court, as specified.
- Authorizes the court, for certain minors adjudged a ward of the court, to commit the minor to a juvenile home, ranch, camp, or forestry camp, and further specifies that if no such setting exists within the county, the court may commit the minor to the county juvenile hall.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS:
Wards of the court: A child may become a ward of the court in order to protect, give guidance, and punish him or her for committing delinquent acts, and to protect the community. Two types of petitions may be filed to place a youth under the jurisdiction of the juvenile court: a "601" petition (named for the code section, WIC Section 601, governing jurisdiction over these type of wards) is for "status offenses" – which are deemed offenses based on the young age of the individual, such as running away, skipping school, or regularly disobeying parents; a "602" petition (named for WIC Section 602) states that a child has committed an act that would be considered illegal had an adult committed it (note that, for some felonies, a child may be tried as an adult if 14 years of age or older). If the court finds the petition to be true, then the child becomes a ward of the court.
The court will then make orders for the child. The child may, under certain circumstances, be permitted to live at home or he or she may be placed outside of the home in a setting based on the age of, seriousness of offense committed by, and history of delinquency of the child. In some instances, for youth found to have committed certain crimes, the court is authorized to commit a child to a juvenile home, ranch, camp or forestry camp.
Out-of-state placement of juvenile wards of the court: It is difficult to obtain exact figures on the number of wards of the court who are placed in out-of-state settings. According to a December 2015 article by ProPublica, "… state officials struggle even to keep track of how many children they've sent away. They couldn't provide a total. Using several different sources of state data, ProPublica calculated that county probation departments in 2015 had some 235 children living out of state." This article also pointed to a number of difficulties with these out-of-state placements, including limited oversight by the state of California and concerns with the treatment of youth placed in some of these settings.
Need for this bill: According to the author:
Unlike the adult criminal justice system, the juvenile justice system is primarily focused on rehabilitation rather than punishment. To this end, counties and state juvenile facilities provide significantly more education, treatment, and counseling programs to juvenile offenders as compared to adult offenders.
Taking into account the recommendations of probation department staff, juvenile court judges decide whether to make the offender a ward of the court and, ultimately, determine the appropriate placement and treatment for the juvenile. Placement decisions are based on such factors as the juvenile's offense, prior record, criminal sophistication, and the county's capacity to provide treatment.
Juveniles are typically placed in a county facility for treatment, such as juvenile hall or camp, or supervised at home. Some juveniles are placed in out-of-state facilities. In 2015, approximately 235 juveniles under the jurisdiction of county probation departments were living out-of-state.
Placing juveniles in out-of-state facilities is counter to the state's goal of rehabilitation. To improve outcomes for juveniles affected by the criminal justice system, California must keep them near their family, loved ones, and support networks. According to best practices, allowing people to remain close to their support network while incarcerated helps their transition after release and reduces recidivism. Placing a juvenile in out-of-state facilities should only be used as a last resort.
Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0004447
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2005
:
SENATE PUBLIC SAFETY COMMITTEE: 6-1, 6/14/16
AYES: Hancock, Glazer, Leno, Liu, Monning, Stone
NOES: Anderson
ASSEMBLY FLOOR: 79-0, 5/5/16 - See last page for vote
SOURCE: Communities United for Restorative Youth Justice
Youth Law Center
DIGEST: This bill provides that, with respect to the placement of delinquent wards in private, out-of-state residential facilities, 1) the court must make specified findings by “clear and convincing evidence”; 2) the court must find that a case plan 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; and 3) the existing authority of the court to place a delinquent ward in a juvenile home, ranch, camp, or forestry camp shall not be construed to authorize a court to commit a minor to one of these facilities located outside of the state.
Senate Floor Amendments of 8/15/16 make technical changes to address chaptering issues with AB 1997 (Stone).
Existing law:
- Provides that the purpose of juvenile court law “is to provide for the protection and safety of the public and each minor under the jurisdiction of the juvenile court and to preserve and strengthen the minor’s family ties whenever possible, removing the minor from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public.” (Welfare and Institutions Code (“WIC”) § 202.)
- Provides that when a minor is adjudged a delinquent ward of the court, “the court may make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the minor, . . .” (WIC § 727.)
- Provides that it is the sole responsibility of probation to determine the appropriate placement for the ward once the court issues a placement order, as specified.
- Provides that a court “shall not order the placement of a minor in an out-of-state group home, unless the court finds, in its order of placement, that all of the following conditions have been met:
- The out-of-state group home is licensed or certified for the placement of minors by an agency of the state in which the minor will be placed.
- The out-of-state group home meets the requirements of Section 7911.1 of the Family Code.
- In-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor. (WIC § 361.21(a).)
- Requires that at least every six months, the court shall review each out-of-state placement in order to determine compliance with this section. (WIC § 361.21(b).)
- Provides that a county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home unless these requirements are met. (WIC § 361.21(c).)
- Provides that “when the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement, . . . the decision regarding choice of placement, . . . shall be based upon selection of a safe setting that is the least restrictive or most family like, and the most appropriate setting that meets the individual needs of the minor and is available, in proximity to the parent’s home, consistent with the selection of the environment best suited to meet the minor’s special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment . . . . ” (WIC § 727.1(a).)
- Provides that unless otherwise authorized by law, the court may not order the placement of a delinquent minor “in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds, in its order of placement, that all of the following conditions are met:
- In-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor.
- The State Department of Social Services or its designee has performed initial and continuing inspection of the out-of-state residential facility or program and has either certified that the facility or program meets the greater of all licensure standards required of group homes or of short-term residential treatment centers operated in California, or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety,” as specified. (WIC § 727.1(b).)
- The requirements of Section 7911.1 of the Family Code are met.
This bill:
- Requires the court to establish these conditions by “clear and convincing evidence.”
- Revises these conditions to instead require the court to find that the “case plan for the minor, developed in strict accordance with Section 706.6, 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.”
- Makes additional changes consistent with these provisions.
- Contains technical chaptering provisions.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Communities United for Restorative Youth Justice (co-source)
Youth Law Center (co-source)
Aspiranet
California Alliance for Youth and Community Justice
California Catholic Conference
California Correctional Peace Officers Association
Center on Juvenile and Criminal Justice
Communities United for Restorative Youth Justice
Ella Baker Center for Human Rights
Fair Chance Project
Legal Services for Prisoners with Children
OPPOSITION: (Verified 8/16/16)
Chief Probation Officers of California
ARGUMENTS IN SUPPORT: The California Alliance for Youth and Community Justice, which supports this bill, states in part:
“The proposed change in AB 2005 is essential to improve outcomes for California youth impacted by the criminal justice system. Our state must attempt, at all costs, to keep youth near family and their support systems. Best practices speak to how important retaining a connection to one’s community is when returning from detention. This bill allows young people to stay closer to their networks of support. In turn, young people are able to defeat the struggles our state faces with high levels of recidivism. When youth are sent to out of state facilities they are far away from family and community. This results in further isolation and can lead to detrimental outcomes for youth. Support must be gathered at all levels for young people to successfully reenter our communities. Not only is family a source of support, but so are community-based organizations and other community resources that creative a eco-system of support.”
ARGUMENTS IN OPPOSITION: The Chief Probation Officers of California, which opposes this bill, states in part:
“While we appreciate the stated intent of the bill and share the desire to place and work with kids locally, there are times that out of state placements are most appropriate given the specific factors involved with the minor. We are concerned that this bill will further exacerbate placement challenges that could result in the minor remaining in the juvenile hall longer, which is not in the best interests of the minor.
“Based on the amendments taken May 31, our concerns center around the new language relative to the legal criteria of clear and convincing evidence which was added as well as the language change in WIC 727.1(b)(1) which is redundant to what is already included in WIC 706.6. Further, WIC Section 727.1 is not a hearing; rather it is the criteria for placing a minor out of State. Therefore, there is no need to add this section to WIC 727.4 as the bill now reads.
“We share (the author’s) desire to make placement decisions that are in the best interests of the safety and well-being of the minor. We believe existing law takes into account the myriad of factors involved in these decisions and already sets forth a process with probation, the courts, minor and involved parties in making these determinations.”
ASSEMBLY FLOOR: 79-0, 5/5/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Beth Gaines
8/16/16 17:38:49
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2005
:
SENATE PUBLIC SAFETY COMMITTEE: 6-1, 6/14/16
AYES: Hancock, Glazer, Leno, Liu, Monning, Stone
NOES: Anderson
ASSEMBLY FLOOR: 79-0, 5/5/16 - See last page for vote
SOURCE: Communities United for Restorative Youth Justice
Youth Law Center
DIGEST: This bill provides that, with respect to the placement of delinquent wards in private, out-of-state residential facilities, 1) the court must make specified findings by “clear and convincing evidence”; 2) the court must find that a case plan 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; and 3) the existing authority of the court to place a delinquent ward in a juvenile home, ranch, camp, or forestry camp shall not be construed to authorize a court to commit a minor to one of these facilities located outside of the state.
Existing law:
- Provides that the purpose of juvenile court law “is to provide for the protection and safety of the public and each minor under the jurisdiction of the juvenile court and to preserve and strengthen the minor’s family ties whenever possible, removing the minor from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public.” (Welfare and Institutions Code (“WIC”) § 202.)
- Provides that when a minor is adjudged a delinquent ward of the court, “the court may make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the minor, . . .” (WIC § 727.)
- Provides that it is the sole responsibility of probation to determine the appropriate placement for the ward once the court issues a placement order, as specified.
- Provides that a court “shall not order the placement of a minor in an out-of-state group home, unless the court finds, in its order of placement, that all of the following conditions have been met:
- The out-of-state group home is licensed or certified for the placement of minors by an agency of the state in which the minor will be placed.
- The out-of-state group home meets the requirements of Section 7911.1 of the Family Code.
- In-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor. (WIC § 361.21(a).)
- Requires that at least every six months, the court shall review each out-of-state placement in order to determine compliance with this section. (WIC § 361.21(b).)
- Provides that a county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home unless these requirements are met. (WIC § 361.21(c).)
- Provides that “when the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement, . . . the decision regarding choice of placement, . . . shall be based upon selection of a safe setting that is the least restrictive or most family like, and the most appropriate setting that meets the individual needs of the minor and is available, in proximity to the parent’s home, consistent with the selection of the environment best suited to meet the minor’s special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment . . . . ” (WIC § 727.1(a).)
- Provides that unless otherwise authorized by law, the court may not order the placement of a delinquent minor “in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds, in its order of placement, that all of the following conditions are met:
- In-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor.
- The State Department of Social Services or its designee has performed initial and continuing inspection of the out-of-state residential facility or program and has either certified that the facility or program meets the greater of all licensure standards required of group homes or of short-term residential treatment centers operated in California, or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety,” as specified. (WIC § 727.1(b).)
- The requirements of Section 7911.1 of the Family Code are met.
This bill:
- Requires the court to establish these conditions by “clear and convincing evidence.”
- Revises these conditions to instead require the court to find that the “case plan for the minor, developed in strict accordance with Section 706.6, 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.”
- Makes additional changes consistent with these provisions.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Communities United for Restorative Youth Justice (co-source)
Youth Law Center (co-source)
Aspiranet
California Alliance for Youth and Community Justice
California Catholic Conference
California Correctional Peace Officers Association
Center on Juvenile and Criminal Justice
Communities United for Restorative Youth Justice
Ella Baker Center for Human Rights
Fair Chance Project
Legal Services for Prisoners with Children
OPPOSITION: (Verified 6/14/16)
None received
ARGUMENTS IN SUPPORT: The California Alliance for Youth and Community Justice, which supports this bill, states in part:
“The proposed change in AB 2005 is essential to improve outcomes for California youth impacted by the criminal justice system. Our state must attempt, at all costs, to keep youth near family and their support systems. Best practices speak to how important retaining a connection to one’s community is when returning from detention. This bill allows young people to stay closer to their networks of support. In turn, young people are able to defeat the struggles our state faces with high levels of recidivism. When youth are sent to out of state facilities they are far away from family and community. This results in further isolation and can lead to detrimental outcomes for youth. Support must be gathered at all levels for young people to successfully reenter our communities. Not only is family a source of support, but so are community-based organizations and other community resources that creative a eco-system of support.”
ARGUMENTS IN OPPOSITION: The Chief Probation Officers of California, which opposes this bill, states in part:
“While we appreciate the stated intent of the bill and share the desire to place and work with kids locally, there are times that out of state placements are most appropriate given the specific factors involved with the minor. We are concerned that this bill will further exacerbate placement challenges that could result in the minor remaining in the juvenile hall longer, which is not in the best interests of the minor.
“Based on the amendments taken May 31, our concerns center around the new language relative to the legal criteria of clear and convincing evidence which was added as well as the language change in WIC 727.1(b)(1) which is redundant to what is already included in WIC 706.6. Further, WIC Section 727.1 is not a hearing; rather it is the criteria for placing a minor out of State. Therefore, there is no need to add this section to WIC 727.4 as the bill now reads.
“We share (the author’s) desire to make placement decisions that are in the best interests of the safety and well-being of the minor. We believe existing law takes into account the myriad of factors involved in these decisions and already sets forth a process with probation, the courts, minor and involved parties in making these determinations.”
ASSEMBLY FLOOR: 79-0, 5/5/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Beth Gaines
Prepared by: Alison Anderson / PUB. S. /
6/23/16 8:39:56
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: AB 2005 Hearing Date: June 14, 2016
Author: | Ridley-Thomas | ||
Version: | May 31, 2016 | ||
Urgency: | No | Fiscal: | No |
Consultant: | AA | ||
Subject: Juveniles: Out-of-State Placement
HISTORY
Source: Communities United for Restorative Youth Justice; Youth Law Center
Prior Legislation: SB 933 (M. Thompson) Ch. 311, Stats. 1998
Support: Aspiranet; California Alliance for Youth and Community Justice; California Catholic Conference; California Correctional Peace Officers Association; Center on Juvenile and Criminal Justice; Communities United for Restorative Youth Justice; Ella Baker Center for Human Rights; Fair Chance Project; Legal Services for Prisoners with Children
Opposition: Chief Probation Officers of California
Assembly Floor Vote: 79 - 0
PURPOSE
The purpose of this bill is to provide that, with respect to the placement of delinquent wards in private, out-of-state residential facilities, 1) the court must make specified findings by “clear and convincing evidence”; 2) the court must find that a case plan 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; and 3) the existing authority of the court to place a delinquent ward in a juvenile home, ranch, camp, or forestry camp shall not be construed to authorize a court to commit a minor to one of these facilities located outside of the state.
Under current law, the purpose of juvenile court law “is to provide for the protection and safety of the public and each minor under the jurisdiction of the juvenile court and to preserve and strengthen the minor’s family ties whenever possible, removing the minor from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public.” (Welfare and Institutions Code (“WIC”) § 202.)
Current law provides that when a minor is adjudged a delinquent ward of the court, “the court may make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the minor, . . .” (WIC § 727.)
Current law provides that it is the sole responsibility of probation to determine the appropriate placement for the ward once the court issues a placement order. In determination of the appropriate placement for the ward, the probation officer is required to consider any recommendations of the child and family. The probation agency may place the minor or nonminor in any of the following:
- The approved home of a relative or the approved home of a nonrelative, extended family member, as specified.
- A foster home, the approved home of a resource family, or a home or facility in accordance with the federal Indian Child Welfare Act, as specified.
- A suitable licensed community care facility, as specified.
- A foster family agency, in a suitable program in a family home, as specified.
- Commencing January 1, 2017, a minor or nonminor dependent may be placed in a short-term residential treatment center, as specified. (WIC § 727 (a) (4).)
Out-of-State Placements
Current law provides that a court “shall not order the placement of a minor in an out-of-state group home, unless the court finds, in its order of placement, that all of the following conditions have been met:
- The out-of-state group home is licensed or certified for the placement of minors by an agency of the state in which the minor will be placed.
- The out-of-state group home meets the requirements of Section 7911.1 of the Family Code.
- In-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor. (WIC § 361.21(a).)
Current law requires that at least every six months, the court shall review each out-of-state placement in order to determine compliance with this section. (WIC § 361.21(b).)
Current law provides that a county shall not be entitled to receive or expend any public funds for the placement of a minor in an out-of-state group home unless these requirements are met. (WIC § 361.21(c).)
Current law provides that “when the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement, . . . the decision regarding choice of placement, . . . shall be based upon selection of a safe setting that is the least restrictive or most family like, and the most appropriate setting that meets the individual needs of the minor and is available, in proximity to the parent’s home, consistent with the selection of the environment best suited to meet the minor’s special needs and best interests. The selection shall consider, in order of priority, placement with relatives, tribal members, and foster family, group care, and residential treatment . . . . ” (WIC § 727.1(a).)
Current law further provides that unless otherwise authorized by law, the court may not order the placement of a delinquent minor “in a private residential facility or program that provides 24-hour supervision, outside of the state, unless the court finds, in its order of placement, that all of the following conditions are met:
(1) In-state facilities or programs have been determined to be unavailable or inadequate to meet the needs of the minor.
(2) The State Department of Social Services or its designee has performed initial and continuing inspection of the out-of-state residential facility or program and has either certified that the facility or program meets the greater of all licensure standards required of group homes or of short-term residential treatment centers operated in California, or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety,” as specified. (WIC § 727.1(b).)
(3) The requirements of Section 7911.1 of the Family Code are met.
This bill would revise this provision to require the court to establish these conditions by “clear and convincing evidence.”
This bill further would revise condition (1) above to instead require the court to find that the “case plan for the minor, developed in strict accordance with Section 706.6, 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.”
This bill would add a cross-reference to this section in Welfare and Institutions Code section 727.4, concerning notice of hearings.
Current law provides that when a minor is adjudged a delinquent ward of the court, the court may order any of the types of treatment referred to above, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall. (WIC § 730.)
This bill would revise this provision to state that, this “subdivision shall not be construed to authorize a court to commit a minor to a juvenile home, ranch, camp, or forestry camp located outside of the state.”
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past several years this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:
- 143% of design bed capacity by June 30, 2014;
- 141.5% of design bed capacity by February 28, 2015; and,
- 137.5% of design bed capacity by February 28, 2016.
In December of 2015 the administration reported that as “of December 9, 2015, 112,510 inmates were housed in the State’s 34 adult institutions, which amounts to 136.0% of design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current population is 1,212 inmates below the final court-ordered population benchmark of 137.5% of design bed capacity, and has been under that benchmark since February 2015.” (Defendants’ December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One year ago, 115,826 inmates were housed in the State’s 34 adult institutions, which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in out-of-state facilities. (Defendants’ December 2014 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)
While significant gains have been made in reducing the prison population, the state must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:
- Whether a proposal erodes a measure which has contributed to reducing the prison population;
- Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
- Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
- Whether a proposal corrects a constitutional problem or legislative drafting error; and
- Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.
COMMENTS
- Stated Need for This Bill
The author states:
Unlike the adult criminal justice system, the juvenile justice system is primarily focused on rehabilitation rather than punishment. To this end, counties and state juvenile facilities provide significantly more education, treatment, and counseling programs to juvenile offenders as compared to adult offenders.
Taking into account the recommendations of probation department staff, juvenile court judges decide whether to make the offender a ward of the court and, ultimately, determine the appropriate placement and treatment for the juvenile. Placement decisions are based on such factors as the juvenile’s offense, prior record, criminal sophistication, and the county’s capacity to provide treatment.
Juveniles are typically placed in a county facility for treatment, such as juvenile hall or camp, or supervised at home. Some juveniles are placed in out-of-state facilities. In 2015, approximately 235 juveniles under the jurisdiction of county probation departments were living out-of-state.
Placing juveniles in out-of-state facilities is counter to the state’s goal of rehabilitation. To improve outcomes for juveniles affected by the criminal justice system, California must keep them near their family, loved ones, and support networks. According to best practices, allowing people to remain close to their support network while incarcerated helps their transition after release and reduces recidivism. Placing a juvenile in out-of-state facilities should only be used as a last resort.
- Background
The placement of children who are wards of the court in out-of-state facilities has long been a concern of state and local policymakers. As explained in an extensive article published in ProPublica in December of last year:
More than 15 years ago, California was shaken by a tragedy that grew out of sending children out of state with little oversight to ensure their safety.
On March 2, 1998, a 16-year-old from Sacramento named Nicholaus Contreraz died at the Arizona Boys Ranch, a “tough-love” boot camp in the desert. In the days prior, the camp’s staff had forced him to endure physical exercises so intense, in heat so extreme, that his body began to rebel against itself. He ultimately collapsed and succumbed to a respiratory infection. His chest cavity had swelled with two-and-a-half quarts of pus.
California officials immediately demanded to know why a boy born in the state capital had been sent to Arizona as punishment for a juvenile offense. It turned out Contreraz was one of roughly 1,000 California children in who had been sent to boot camps, juvenile detention centers and other programs in other states. California lawmakers quickly discovered the wave of children sent across state lines had been set in motion by two key factors:
Juvenile justice judges and probation officials in the state’s 58 counties were appalled by conditions in California’s notoriously violent youth prisons. Sending California’s children out of state seemed safer. Also, it was often cheaper.
After Contreraz’s death, then-Gov. Pete Wilson signed a bill prohibiting California children from being sent to out-of-state facilities that permitted corporal punishment or barred parental visits. Wilson put the California Department of Social Services in charge of enforcing that mandate, and quickly California children were returned home.
But now, the tide has been reversed and the reasons are familiar enough. California’s detention facilities grew so bad they have been all but eradicated. And its group homes proved such failures that the latest reform plan calls for drastically limiting them, as well.[1]
California statutes reflect the legislative scrutiny of these placements that occurred in the 1990s. Legislative findings and declarations concerning placing wards of the court children out-of-state placements include:
- The health and safety of California children placed by a county social services agency or probation department out of state pursuant to the provisions of the Interstate Compact on the Placement of Children are a matter of statewide concern.
- The Legislature therefore affirms its intention that the State Department of Social Services has full authority to require an assessment and placement recommendation by a county multidisciplinary team prior to placement of a child in an out-of-state group home, to investigate allegations of child abuse or neglect of minors so placed, and to ensure that out-of-state group homes, accepting California children, meet all California group home licensing standards.
- The Legislature also affirms its intention that, on and after January 1, 2017, the licensing standards applicable to out-of-state group homes certified by the department shall be those required of short-term residential treatment centers operated in this state. (Family Code § 7911.)
The State Department of Social Services (DSS) or its designee is required to investigate any threat to the health and safety of children placed by a California county social services agency or probation department in an out-of-state group home pursuant to the provisions of the Interstate Compact on the Placement of Children. “This authority shall include the authority to interview children or staff in private or review their file at the out-of-state facility or wherever the child or files may be at the time of the investigation. . . . (DSS) or its designee shall require certified out-of-state group homes to comply with the reporting requirements applicable to group homes licensed in California . . . for each child in care regardless of whether he or she is a California placement, . . . .(Family Code § 7911.1.)
DSS also is required to “perform initial and continuing inspection of out-of-state group homes in order to either certify that the out-of-state group home meets all licensure standards required of group homes operated in California or that the department has granted a waiver to a specific licensing standard upon a finding that there exists no adverse impact to health and safety.” (Family Code § 7911.1(c).)
A county must “obtain an assessment and placement recommendation by a county multidisciplinary team prior to placement of a child in an out-of-state group home facility.” (Family Code § 7911.1(d).) “A multidisciplinary team shall consist of participating members from county social services, county mental health, county probation, county superintendents of schools, and other members as determined by the county. . . .Participants shall have knowledge or experience in the prevention, identification, and treatment of child abuse and neglect cases, and shall be qualified to recommend a broad range of services related to child abuse or neglect.” (Family Code § 7911.1(f).)
Another statute states that the Legislature “affirms its intention that children placed by a county social services agency or probation department in out-of-state group homes be accorded the same personal rights and safeguards of a child placed in a California group home,” and that the Interstate Compact on the Placement of Children administrator “may temporarily suspend any new placements in an out-of-state group home, for a period not to exceed 100 days, pending the completion of an investigation, . . . regarding a threat to the health and safety of children in care. During any suspension period the department or its designee shall have staff daily onsite at the out-of-state group home.” (Family Code § 7912.)
3. Support
The California Alliance for Youth and Community Justice (CAYCJ), which supports this bill, states in part:
The proposed change in AB 2005 is essential to improve outcomes for California youth impacted by the criminal justice system. Our state must attempt, at all costs, to keep youth near family and their support systems. Best practices speak to how important retaining a connection to one’s community is when returning from detention. This bill allows young people to stay closer to their networks of support. In turn, young people are able to defeat the struggles our state faces with high levels of recidivism. When youth are sent to out of state facilities they are far away from family and community. This results in further isolation and can lead to detrimental outcomes for youth. Support must be gathered at all levels for young people to successfully reenter our communities. Not only is family a source of support, but so are community-based organizations and other community resources that creative a eco-system of support.
- Opposition
The Chief Probation Officers of California, which opposes this bill, states in part:
While we appreciate the stated intent of the bill and share the desire to place and work with kids locally, there are times that out of state placements are most appropriate given the specific factors involved with the minor. We are concerned that this bill will further exacerbate placement challenges that could result in the minor remaining in the juvenile hall longer, which is not in the best interests of the minor.
Based on the amendments taken May 31, our concerns center around the new language relative to the legal criteria of clear and convincing evidence which was added as well as the language change in WIC 727.1(b)(1) which is redundant to what is already included in WIC 706.6. Further, WIC Section 727.1 is not a hearing; rather it is the criteria for placing a minor out of State. Therefore, there is no need to add this section to WIC 727.4 as the bill now reads.
We share (the author’s) desire to make placement decisions that are in the best interests of the safety and well-being of the minor. We believe existing law takes into account the myriad of factors involved in these decisions and already sets forth a process with probation, the courts, minor and involved parties in making these determinations.
-- END –
Sapien, Out of Options, California Ships Hundreds of Troubled Children Out of State, ProPublica (December 2015) (https://www.propublica.org/article/california-ships-hundreds-of-troubled-children-out-of-state.) ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 2005
Author:(Ridley-Thomas)
As Amended Ver:
Majority vote
Committee | Votes | Ayes | Noes |
Human Services | 6-0 | Bonilla, Grove, Lopez, Maienschein, Mark Stone, Thurmond |
SUMMARY: Requires the juvenile court to make certain determinations prior to ordering an out-of-state commitment or placement for a minor adjudged a ward of the court. Specifically, this bill:
- Prohibits the juvenile court from ordering the commitment or placement of a minor adjudged a ward of the court, as specified, in a juvenile home, ranch, camp, or forestry camp outside of the state unless the court makes a determination of all of the following:
- Such a commitment or placement is necessary to protect the health (including the mental health) and safety of the minor;
- Such a commitment or placement would reduce the minor's likelihood of reoffending; and
- No equivalent juvenile home, ranch, camp, or forestry camp is available in California.
- Makes technical amendments.
EXISTING LAW:
- States that any person who is under 18 years of age when he or she violates any state or federal law, with the exception of certain violent crimes as specified, or city or county ordinance other than an ordinance establishing an age-based curfew, is within the jurisdiction of the juvenile court, and may be adjudged a ward of the court. (Welfare and Institutions Code (WIC) Section 602)
- Authorizes the court to make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the minor or nonminor, including medical treatment, for a minor or nonminor adjudged a ward of the court, as specified. (WIC Section 727)
- Authorizes the court, for certain minors adjudged a ward of the court, to commit the minor to a juvenile home, ranch, camp, or forestry camp, and further specifies that if no such setting exists within the county, the court may commit the minor to the county juvenile hall. (WIC Section 730 (a))
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS:
Wards of the court: A child may become a ward of the court in order to protect, give guidance, and punish him or her for committing delinquent acts, and to protect the community. Two types of petitions may be filed to place a youth under the jurisdiction of the juvenile court: a "601" petition (named for the code section, WIC Section 601, governing jurisdiction over these type of wards) is for "status offenses" – which are deemed offenses based on the young age of the individual, such as running away, skipping school, or regularly disobeying parents; a "602" petition (named for WIC Section 602) states that a child has committed an act that would be considered illegal had an adult committed it (note that, for some felonies, a child may be tried as an adult if 14 years of age or older). If the court finds the petition to be true, then the child becomes a ward of the court.
The court will then make orders for the child. The child may, under certain circumstances, be permitted to live at home or he or she may be placed outside of the home in a setting based on the age of, seriousness of offense committed by, and history of delinquency of the child. In some instances, for youth found to have committed certain crimes, the court is authorized to commit a child to a juvenile home, ranch, camp or forestry camp.
Out-of-state placement of juvenile wards of the court: It is difficult to obtain exact figures on the number of wards of the court who are placed in out-of-state settings. According to a December 2015 article by ProPublica, "… state officials struggle even to keep track of how many children they've sent away. They couldn't provide a total. Using several different sources of state data, ProPublica calculated that county probation departments in 2015 had some 235 children living out of state." This article also pointed to a number of difficulties with these out-of-state placements, including limited oversight by the state of California and concerns with the treatment of youth placed in some of these settings.
Need for this bill: According to the author:
Unlike the adult criminal justice system, the juvenile justice system is primarily focused on rehabilitation rather than punishment. To this end, counties and state juvenile facilities provide significantly more education, treatment, and counseling programs to juvenile offenders as compared to adult offenders.
Taking into account the recommendations of probation department staff, juvenile court judges decide whether to make the offender a ward of the court and, ultimately, determine the appropriate placement and treatment for the juvenile. Placement decisions are based on such factors as the juvenile's offense, prior record, criminal sophistication, and the county's capacity to provide treatment.
Juveniles are typically placed in a county facility for treatment, such as juvenile hall or camp, or supervised at home. Some juveniles are placed in out-of-state facilities. In 2015, approximately 235 juveniles under the jurisdiction of county probation departments were living out-of-state.
Placing juveniles in out-of-state facilities is counter to the state's goal of rehabilitation. To improve outcomes for juveniles affected by the criminal justice system, California must keep them near their family, loved ones, and support networks. According to best practices, allowing people to remain close to their support network while incarcerated helps their transition after release and reduces recidivism. Placing a juvenile in out-of-state facilities should only be used as a last resort.
Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0002798
Date of Hearing: April 26, 2016
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Susan Bonilla, Chair
ABPCA Bill Id:AB 2005 (
Author:Ridley-Thomas) – As Amended Ver:March 15, 2016
SUBJECT: Juveniles: out-of-state placement
SUMMARY: Requires the juvenile court to make certain determinations prior to ordering an out-of-state commitment or placement for a minor adjudged a ward of the court.
Specifically, this bill:
- Prohibits the juvenile court from ordering the commitment or placement of a minor adjudged a ward of the court, as specified, in a juvenile home, ranch, camp, or forestry camp outside of the state unless the court makes a determination of all of the following:
- Such a commitment or placement is necessary to protect the health (including the mental health) and safety of the minor;
- Such a commitment or placement would reduce the minor’s likelihood of reoffending; and
- No equivalent juvenile home, ranch, camp, or forestry camp is available in California.
- Makes technical amendments.
EXISTING LAW:
- States that any person who is under 18 years of age when he or she violates any state or federal law, with the exception of certain violent crimes as specified, or city or county ordinance other than an ordinance establishing an age-based curfew, is within the jurisdiction of the juvenile court, and may be adjudged a ward of the court. (WIC 602)
- Authorizes the court to make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the minor or nonminor, including medical treatment, for a minor or nonminor adjudged a ward of the court, as specified. (WIC 727)
- Authorizes the court, for certain minors adjudged a ward of the court, to commit the minor to a juvenile home, ranch, camp, or forestry camp, and further specifies that if no such setting exists within the county, the court may commit the minor to the county juvenile hall. (WIC 730 (a))
FISCAL EFFECT: Unknown.
COMMENTS:
Wards of the court: A child may become a ward of the court in order to protect, give guidance, and punish him or her for committing delinquent acts, and to protect the community. Two types of petitions may be filed to place a youth under the jurisdiction of the juvenile court: a “601” petition (named for the code section, WIC 601, governing jurisdiction over these type of wards) is for “status offenses” – which are deemed offenses based on the young age of the individual, such as running away, skipping school, or regularly disobeying parents; a “602” petition (named for WIC 602) states that a child has committed an act that would be considered illegal had an adult committed it (note that, for some felonies, a child may be tried as an adult if 14 years of age or older). If the court finds the petition to be true, then the child becomes a ward of the court.
The court will then make orders for the child. The child may, under certain circumstances, be permitted to live at home or he or she may be placed outside of the home in a setting based on the age of, seriousness of offense committed by, and history of delinquency of the child. In some instances, for youth found to have committed certain crimes, the court is authorized to commit a child to a juvenile home, ranch, camp or forestry camp.
Out-of-state placement of juvenile wards of the court: It is difficult to obtain exact figures on the number of wards of the court who are placed in out-of-state settings. According to a December 2015 article by ProPublica, “… state officials struggle even to keep track of how many children they’ve sent away. They couldn’t provide a total. Using several different sources of state data, ProPublica calculated that county probation departments in 2015 had some 235 children living out of state.” This article also pointed to a number of difficulties with these out-of-state placements, including limited oversight by the state of California and concerns with the treatment of youth placed in some of these settings.
Need for this bill: According to the author:
“Unlike the adult criminal justice system, the juvenile justice system is primarily focused on rehabilitation rather than punishment. To this end, counties and state juvenile facilities provide significantly more education, treatment, and counseling programs to juvenile offenders as compared to adult offenders.
Taking into account the recommendations of probation department staff, juvenile court judges decide whether to make the offender a ward of the court and, ultimately, determine the appropriate placement and treatment for the juvenile. Placement decisions are based on such factors as the juvenile’s offense, prior record, criminal sophistication, and the county’s capacity to provide treatment.
Juveniles are typically placed in a county facility for treatment, such as juvenile hall or camp, or supervised at home. Some juveniles are placed in out-of-state facilities. In 2015, approximately 235 juveniles under the jurisdiction of county probation departments were living out-of-state.
Placing juveniles in out-of-state facilities is counter to the state’s goal of rehabilitation. To improve outcomes for juveniles affected by the criminal justice system, California must keep them near their family, loved ones, and support networks. According to best practices, allowing people to remain close to their support network while incarcerated helps their transition after release and reduces recidivism. Placing a juvenile in out-of-state facilities should only be used as a last resort.”
REGISTERED SUPPORT / OPPOSITION:
Support
A New PATH (Parents for Addiction Treatment & Healing)
California Alliance for Youth and Community Justice (CAYCJ)
California Catholic Conference
California Correctional Peace Officers Association
Center on Juvenile and Criminal Justice
Communities United for Restorative Youth Justice (CURYJ) – sponsor
Ella Baker Center for Human Rights
Fair Change Project
Lawyers Committee for Civil Rights of the San Francisco Bay Area
Legal Services for Prisoners with Children
Opposition
None on file.
Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089
Bill Author
Bill Co-Author(s):