AB 2813: Juvenile offenders: dual-status minors.

Existing law requires a probation officer, upon delivery of a minor who has been taken into temporary custody, to immediately investigate the circumstances of the minor and the facts surrounding the minor being taken into custody and to immediately release the minor to the custody of his or her parent, legal guardian, or responsible relative unless evidence before the court demonstrates that continuance in the home is contrary to the childs welfare, and one or more specified circumstances is present, including, among others, that the minor is destitute.

This bill would delete several of those specified circumstances. The bill would also prohibit the probation officer, when deciding whether to detain a minor who is currently a dependent of the juvenile court or the subject of a petition to declare him or her a dependent of the juvenile court and who has been removed from the custody of his or her parent or guardian by the juvenile court, from considering specified information, including, among others, the minors status as a dependent of the juvenile court or as the subject of a petition to declare him or her a dependent of the juvenile court. The bill would require a probation officer to immediately release that minor to the custody of the child welfare services department or his or her current foster parent or other caregiver, except as specified. By increasing the duties imposed on local child welfare services departments, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.